LAST UPDATED: May 8, 2023
Scope. This PrivacyPolicy applies to information collected, used and disclosed by TOOLTRIBE, LLC (hereinafter, “TOOLTRIBE”, “we”, or “us”) inconnection with information that we collect:
· Through our software applications made available by for use onor through computers and mobile devices (the “Apps”),
Collectivelywe consider the Sites, Apps, and Social Media Pages the “Services”.
1. What Personal Information does TOOLTRIBE collect about you?
“PersonalInformation” is information that identifies you as an individual or relatesto an identifiable individual.
We and our serviceproviders may collect and combine Personal Information about you from a varietyof sources, including:
· Through the Services, forexample, when you sign up for a newsletter, marketing emails and othercommercial electronic messages (e.g., on upcoming promotions, new products,etc.), register an account to access the Services (e.g. to register yourproducts, to ask for support, to participate in our contests or competitions,to make inquiries regarding product warranties), or make a purchase, or throughour Social Media Pages.
· From Other Sources. We receiveyour Personal Information from other sources, for example:
o Publiclyavailable databases, such as LinkedIn or local Trade or IndustrialAssociations’ registries.
o If youconnect your social media account to your Services account, you will sharecertain Personal Information from your social media account with us, forexample, your name, email address, photo, list of social media contacts, andany other information that may be or you make accessible to us when you connectyour social media account to your Services account, depending on thepreferences / choices you have selected within your social media account’ssetting, or the opinions expressed (e.g., “Likes”) you have provided within ourSocial Media pages.
We generally collect thefollowing types of Personal Information:
· Your Name
· Mailing address
· Email address
· Telephone number
· Mobile phone number
· Postal/zip code, state/province, and country
· Username and password (related to your account)
· Purchase, order information and payment details
· Trade or profession
We need to collectPersonal Information in order to provide the requested Services to you. You maychoose not to provide us with certain requested information, but then you mightnot be able to take advantage of some of our Service features or we may not beable to provide you with the Services.
If you disclose anyPersonal Information relating to other people to us or to our service providersin connection with the Services, you represent that you have the authority todo so and to permit us to use the information in accordance with this PrivacyPolicy.
2. How do we use the Personal Information we collect about you?
The Personal Informationwe collect from you helps us personalize your experience with us and ourcommunications to you, and helps us continually improve your experience withour Services. We and our service providers use the Personal Informationcollected above for the following purposes including:
· Providing the functionality of the Servicesand fulfilling your requests, including:
o Openingand arranging access to your registered account.
o Respondingto your inquiries and fulfilling your requests for example when you contact usvia one of our online contact forms or chat lines.
o Processingyour order or other transactions, including claim, or request, and providingrelated customer service.
o To sendadministrative information to you, such as changes to our terms, conditions andpolicies.
o Toallow you to send messages to another person if you choose to do so.
We will engage in theseactivities to manage our contractual relationship with you, and/or to takesteps at your request prior to entering into a contract, and/or to comply witha legal obligation.
· Providing you with our newsletter and/or othermarketing materials and facilitating social sharing.
o To sendyou advertising and marketing related emails, text messages, and postal mailwith information about our services, new products and other news about ourcompany.
o Tofacilitate social sharing functionality that you choose to use.
We will engage in thisactivity with your consent.
· Analysis of Personal Information for businessreporting and providing personalized services.
o Tobetter understand you, so that we can personalize your experiences when usingour Services, and provide you with information and/or offers tailored to yourinterests.
o Tobetter understand your preferences so that we can deliver content via ourServices that we believe will be relevant and interesting to you.
o Toanalyze or predict our users’ preferences in order to prepare aggregated trendreports on how our digital content is used and perform market research, so wecan improve our Services.
We will providepersonalized services either with your consent or because we have a legitimateinterest.
· Allowing you to participate in sweepstakes,contests or other promotions.
o We mayoffer you the opportunity to participate in a sweepstakes, contest or otherpromotion.
o Some ofthese promotions have additional rules containing information about how we willuse and disclose your Personal Information.
We use this informationto manage our contractual relationship with you.
· Aggregating and/or anonymizing Personal Information.
o We mayaggregate and/or anonymize Personal Information so that it will no longer beconsidered Personal Information. We do so to generate other data for our use,which we may use and disclose for any purpose.
· Accomplishing our business purposes.
o Fordata analysis, for example, to improve the efficiency of our Services.
o Foraudits, to verify that our internal processes function as intended and arecompliant with legal, regulatory or contractual requirements.
o Forfraud and security monitoring purposes, for example, to detect and preventcyberattacks or attempts to commit identity theft.
o Forimproving and developing our products and services.
o Forenhancing, improving, or modifying our current products and services.
o Foridentifying usage trends, for example, understanding which parts of ourServices are of most interest to users.
o Forprocessing job applications.
o Fordetermining the effectiveness of our promotional campaigns, so that we canadapt our campaigns to the needs and interests of our users.
o Foroperating and expanding our business activities, for example, understandingwhich parts of our Services are of most interest to our users so we can focusour energies on meeting our users’ interests.
We engage in theseactivities to manage our contractual relationship with you, to comply with alegal obligation, and/or because we have a legitimate interest.
3. Does TOOLTRIBE share your Personal Information with thirdparties?
We may share yourpersonal information with the following:
· Our third party service providers, includingdistributors and sales representatives, in order to perform tasks on ourbehalf, such as:
o Facilitatingyour purchase, order fulfillment, and payment processing
o Assistingin servicing our products
o Respondingto requests and providing product information
o Helpingyou exchange products and other customer service tasks
o Providingand improving our communications with you
o Respondingto requests to our investor relations
o Providingwebsite hosting, data analysis, information technology and relatedinfrastructure provision
o Advertisingand analytic services
o Notifyingyou if you have won a contest or a competition we have conducted and deliveringto you the contest’s prize
o Conductinga survey or a customer satisfaction enquiry
o Respondingto complaints or product claims requests (for warranties extension, injuries,damages, etc.)
For additionalinformation about the way in which our third party service providers treat yourpersonal information, contact us as set out below.
· By using the Services, you may elect todisclose Personal Information:
o Onmessage boards, public chat rooms, profile pages, blogs, research panels andcommunities, surveys, and other services to which you are able to postinformation and content (including, without limitation, our Social MediaPages). Please note that any information you post or disclose throughthese services will become public and may be available to other users and thegeneral public.
OtherUses and Disclosures of Personal Information
We also use and discloseyour Personal Information as necessary or appropriate, especially when we havea legal obligation or legitimate interest to do so:
· To comply with applicable law.
o Thiscan include laws outside your country of residence.
· To respond to requests form public andgovernment authorities.
o Thiscan include laws and authorities outside your country of residence.
· To cooperate with law enforcement.
o Forexample, when we respond to law enforcement requests or orders.
· For other legal reasons, including:
o Toprotect our rights, property or safety, and/or that of our users, you, our orothers.
We have a legitimateinterest in disclosing or transferring some or all of the Personal Informationcollected about you to a third party if TOOLTRIBE were ever merged with oracquired, or involved in a corporate reorganization, joint venture, assignment,sale, or transfer or other disposition of all or any portion of our business,assets, or stock (including in connection with bankruptcy or similarproceedings). Such third parties may include, for example, anacquiring entity and its advisors.
4. What Other Information about you does TOOLTRIBE collect?
“OtherInformation” is any information that does not reveal your specific identityor does not directly relate to an identifiable individual. Other Informationincludes:
· Browser type and version
· Operating system
· IP Address (see below for further information)
· Use of links to arrive at our Services and the IP address fromwhich you arrived
· Web pages requested and viewed
· Time spent on our Services
· For our mobile websites and apps, technical information aboutthe device used, such as screen size, cookie support by the device and howimages may appear
· App usage data
· Other information collected through cookies, pixel tags, andother technologies described below
· Demographic information and other information provided by youthat does not reveal your specific identity
· Information that has been aggregated in a manner such that it nolonger reveals your specific identity
Your IPaddress is automatically assigned to your computer by yourInternet Service Provider. An IP address may be identified and loggedautomatically in our server log files whenever a user accesses the Services,along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by manywebsites, applications and other services. We use IP addresses forpurposes such as calculating usage levels, diagnosing server problems andadministering the Services. We may also derive your approximate locationfrom your IP address (see “Location” below).
We may use and discloseOther Information for any purpose, except where we are required to do otherwiseunder applicable law. If we are required to treat Other Information as PersonalInformation under applicable law, then we may use and disclose it for thepurposes for which we use and disclose Personal Information as detailed in thisPolicy.
We and our serviceproviders collect Other Information in a variety of ways, including:
· Through your browser or device:
o Certaininformation is collected by most browsers or automatically through your device,such as your Media Access Control (MAC) address, computer type (Windows orMac), screen resolution, operating system name and version, device manufacturerand model, language, Internet browser type and version and the name and versionof the Services (such as the Apps) you are using. We use this informationto ensure that the Services function properly.
· Through your use of the Apps
o Whenyou download and use the Apps, we and our service providers may track andcollect App usage data, such as the date and time the App on your deviceaccesses our servers and what information and files have been downloaded to theApp based on your device number.
· Physical Location Information
o When youlist a tool on the app and select the “Track” option, we will record thelocation of that tool on the mobile and web apps only for your trackingpurposes. You can edit this location at any time, and we recommend to choose alocation that is NOT your home address.
o Whenyou list a tool for rent or sale, the tool location is recorded and visible onthe app. You can edit this location at any time, and we recommend to choose alocation that is NOT your home address per the “Trust and Safety” guidancelisted on the mobile app.
o Yourlocation is used in the background, as you have selected, only for purposes ofshowing available tools near to your current location. Your location is nevervisible to others on the app or shared with others.
· If you do not consent to provide location information or youdisable location-based services on your mobile device, we may ask you tomanually select the region where you are located, or to enter your zip orpostal code. Your desktop or mobile device settings may allow you todisable or block location-based services, which will prevent our Services fromaccessing your location information. We recommend you review thehelp information or user manual provided with your device or browser for instructions.If you chose not to provide this information you may not be providedwith content specific to your location and we and/or our marketingpartners may not be able to provide you with the applicable personalizedservices and content.
o We andour third party service providers use “cookies”. Cookies assign a uniqueidentification to your device and are typically stored directly on your deviceby your web browser.
o Theinformation we and our third party service providers collect through cookies,pixel tags and similar technology includes the following:
§ Yourinteractions with our Services and with our advertisements
§ Thetime of your visit to our Services
§ Itemsand products browsed, items put into your shopping cart, and whether youpurchase any or all of those items
§ Confirmationwhen you open email from us, including the time you open the email and whetheryou click on any links in the email
§ Sitesyou visit after visiting one of our Sites
§ Othertraffic data
o We alsogather statistical information about use of the Services in order tocontinually improve their design and functionality, to improve and bettertransact business, to understand how Services are used, measure which parts ofour Sites are most visited or used, monitoring the number of visitors to ourSites, and assist us with resolving questions regarding the Services.
· Pixel tags and other similar technologies
o We mayalso use pixel tags (also known as web beacons, web bugs, and clear GIFs) inproviding the Services. A pixel tag is a nearly invisible pixel-sized graphicimage on a webpage or in an email message. We use these technologies to, amongother things, track the actions of users of the Services (including emailrecipients), measure the success of our marketing campaigns, measure whichparts of our Sites are most visited or used, and compile statistics about usageof the Services and response rates.
· Third-party analytics
· Other Information from Social Media Pages
o Similarto the navigational information described above, the social media sites wherewe have our Social Media Pages may provide aggregate information and analysisto us about visitors to our Social Media Pages. This allows us to betterunderstand and analyze our user growth, general demographic information aboutthe users of, and interaction with content on, our Social Media Pages.
· We additionally use Other Information gathered throughtechnology for identifying and addressing difficulties visitors may experiencein accessing our Services.
5. What choices do you have over how we use and disclose yourPersonal Information?
We give you choices aboutthe information we collect and how we communicate with you, and use anddisclose your information.
a. Email: You may opt-out of our marketing emails by following the instructions listed inthe email that you received. However, even if you opt-out you may stillreceive non-marketing emails, such as order/shipping confirmations, changes toservice, product registrations, product recalls or customer servicecommunications.
b. Text messaging/IM: You may opt out of mobile text messages (e.g., SMS, MMS) and other instantmessages (e.g., WhatsApp, Facebook Messenger) from us, by following theopt-out instructions accompanying such messages, if applicable, or bycontacting us as detailed at “14. How can you contact TOOLTRIBE?” below.
d. PostalMarketing: If you no longer want to receive marketing materials fromus via regular postal mail, please contact us as detailed at “14. How can youcontact TOOLTRIBE?” below, and tell us that you want to be removed from the TOOLTRIBEpostal mailing list, including the postal address you wish to have removed.
f. Oursharing of your Personal Information with affiliates for their direct marketingpurposes: If you would prefer that we discontinue sharing yourPersonal Information on a going-forward basis with our affiliates for theirdirect marketing purposes, you may opt-out of this sharing by contacting us asdetailed at “14. How can you contact TOOLTRIBE?” below.
We will try to complywith your request(s) as soon as reasonably practicable. Please note thatif you opt-out of receiving marketing-related emails from us, we may still sendyou important administrative messages, from which you cannot opt-out.
6. How does TOOLTRIBE secure your Personal Information?
We have implementedreasonable technical, administrative and physical measures designed to protectthe personal information in our custody or control from unauthorized access,use, modification and disclosure.
If you are using one ofour Services requiring payments or transfers, we use a third party calledStripe to process and store all payment related information. Stripe is therecognized industry leader across all online payment processing. That havestate of the art processes and cybersecurity. We never access or store yourpayment information; this is always and completely handled by Stripe.
You should be aware that100% security of data transmission or storage is not always possible. If youhave reason to believe that your interaction with us is no longer secure,please immediately notify us in accordance with the “14. How can you contactTOOLTRIBE?” section below.
7. How can you access, change, or delete your PersonalInformation?
If you would like torequest to access, update, correct, suppress, restrict, or delete PersonalInformation previously provided to us, object to the processing of PersonalInformation, or if you would like to request to receive an electronic copy ofyour Personal Information for purposes of transmitting it to another company(to the extent this right to data portability is provided to you by applicablelaw), you can do this by emailing or writing to us as detailed in the Section “14.How can you contact TOOLTRIBE?” below. We will respond to your requestconsistent with applicable law.
In your request, pleasemake clear what Personal Information you would like to have changed, whether youwould like to have your Personal Information suppressed from our database orotherwise let us know what limitations you would like to put on our use of yourPersonal Information. For your protection, we may only implement requestswith respect to the Personal Information associated with the particular emailaddress that you use to send us your request, and we may request certainPersonal Information for the purposes of verifying the identity of theindividual seeking access to their Personal Information records. We will try tocomply with your request as soon as reasonably practicable.
Please note that we mayneed to retain certain information for recordkeeping purposes and/or tocomplete any transactions that you began prior to requesting a change or deletion(e.g., when you make a purchase or enter a promotion, you may not be able tochange or delete the Personal Information provided until after the completionof such purchase or promotion).
If you are a resident ofCalifornia, under 18 and a registered user of the Services, you may ask us toremove content or information that you have posted to the Services by writingto us at the contact information set out below. Please note that yourrequest does not ensure complete or comprehensive removal of the content orinformation, as, for example, some of your content may have been reposted byanother user.
Residents of Californiaseeking information about the California Consumer Privacy Act of 2018 shouldrefer to the TOOLTRIBE Additional Notice for California Residents here.
8. Third party services
9. Retention period
We retain PersonalInformation for as long as needed or permitted in light of the purpose(s) forwhich it was obtained and consistent with applicable law.
The criteria used todetermine our retention periods include:
· The length of time we have an ongoing relationship with you andprovide the Services to you (for example, for as long as you have an accountwith us or keep using the Services);
· Whether there is a legal obligation to which we are subject (forexample, certain laws require us to keep records of your transactions for acertain period of time before we can delete them); or
· Whether retention is advisable in light of our legal position(such as in regard to applicable statutes of limitations, litigation orregulatory investigations).
Please note that whereyou unsubscribe from our marketing communications, we will keep a record ofyour e-mail address to ensure we do not send you marketing e-mails in thefuture.
10. Use of services by minors
The Services are notdirected to individuals under the age of eighteen (18), and we do not knowinglycollect Personal Information from individuals under 18.
11. Sensitive information
We ask that as a generalmatter you not send us, and you not disclose, any sensitive PersonalInformation (e.g., social security numbers, information related to racial orethnic origin, political opinions, religion or other beliefs, health,biometrics or genetic characteristics, criminal background or trade unionmembership) on or through the services or otherwise to us. In the eventyou choose to submit such information to us, or are requested to do so by us inthe course of investigating a complaint or dispute involving the Services, weshall collect and process such information in compliance with applicable law.
12. Third party payment services
14. Howcan you contact TOOLTRIBE?
330 W I St, Suite 21
Encinitas, CA 92024
Please include yourquestion or request in your letter to us.