Effective September 21, 2020
I. INFORMATION WE COLLECT
TUP may collect the following types of information from its Users:
We may collect individually identifiable information, which is related to Users, namely information that identifies an individual or may with reasonable effort identify an individual (“Personal Information”), including the following:
i) Data submitted when registering to our Website: As part of a registration process (e.g. when requesting a demo), we may collect your phone number, full name, e-mail address, and details regarding the company you work in/for required to provide you our Services;
ii) Voluntary information: We also collect information which you provide us voluntarily. We collect your information when you purchase our services (including financial information), respond to communications from us, contact our support, communicate with us via email, Website and through any online platform;
iii) Telephone conversations: telephone conversations may be recorded, subject to the consent of the participants in the call;
iv) Device Information: We may also collect Personal Information from your device, such as geolocation data, IP address and other online identifiers (i.e. online data collected from User’s devices, applications and protocols which leave traces which may be used to identify Users).
You have no legal obligation to provide us with Personal Information and the submission of such information is subject to your sole discretion and consent. However, if you will not provide us with the required information, we may not be able to provide you with the information/services requested by you.
II. OTHER INFORMATION
In addition to Personal Information, we may collect additional information which cannot be used to identify Users (collectively, the “Other Information”). Such Other Information may include:
a. From Your Activity
Information that we may automatically collect when you visit, access, and/or use the Website, such as your internet service provider, domain server, type of computer, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections/features of our Website that you visit/utilize, number of links you click while on the Website, search terms, and operating system. We may also collect statistical and other data related to your use of our Website or other services as well as information on Website usage patterns. This information is collected and used as non-individually identifiable information.
b. From Cookies and other tracking technologies
III. END USER DATA
By using our services, we allow our Users to use various features of our solution, such as optimization of their end user’s (“End Users”) interactions by offering automated personalization. In order to provide these services, TUP may receive End Users’ Personal Information. TUP receives such Personal Information solely as a “data processor” and is acting only in accordance with the documented instruction of its User (in its capacity as a TUP customer).
A User may only share with TUP such Personal Information in accordance with applicable data protection and privacy legislation, including without limitation, that it has received all applicable consents required for such sharing.
IV. LEGAL BASIS FOR PROCESSING
Processing of Personal Information is necessary for the performance of our contractual obligations towards you and providing you with our services, to protect our legitimate interests and to comply with our legal obligations.
V. HOW WE USE INFORMATION
In addition to the purposes listed above, the information we collect, which may include your Personal Information, is used for the following purposes:
• To complete your registration and provide you our services;
• To communicate with you and to keep you informed of our latest updates;
• To market our websites, newsletters, and products; *
• To perform a research or to conduct analytics to improve and customize our services to your needs and interests;
• To process any of your requests regarding User’s rights (e.g. right to access, right to be forgotten, etc.);
• To support and troubleshoot our services and to respond to your queries; and
• To investigate violations and enforce our policies, and as required by law, regulation, or other governmental authority, or to comply with a subpoena or similar legal process or respond to a government request.
*At any time, you have the ability to opt out of receiving marketing communications from TUP, but you may not opt out of administrative emails. You can opt out either by changing your e-mail preferences or using the link provided at the bottom of each email message or through any other means that is made available to you;
VI. HOW WE SHARE THE INFORMATION
We do not share, distribute, sell or rent any of your Personal Information with/to third parties except in the following circumstances:
• If you have opted out of our ability to use your e-mail address, we may share your decision to opt out with third parties to effectuate that decision;
• If the information is required by law to prevent, investigate, or take action regarding illegal activities. In addition, we will share information in response to legal process, court orders, subpoenas, or to establish or exercise our legal rights or defend against legal claims;
• We may also disclose the Information to any government or law enforcement authority or regulatory agency in response to lawful requests by applicable local law enforcement agencies or regulatory agencies, or agencies with responsibility to oversee and enforce national security;
• We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us;
• Information may be transferred as part of or in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our shares or stock and/or assets or other corporate change, including, during the course of any due diligence process;
• For the purpose of providing and operating the Website and other services we may share Personal Information with trusted third-party service providers that require access to such data for purpose of providing the related services to us, such as storage, analytics and so on. Any data processing performed by any third party with whom we have provided User information (either Personal Information or Other Information) will, if and when required by law, be governed by a data processing agreement, in accordance with the applicable data protection and privacy legislation; and,
• If we have your permission to do so.
Our Site may display links to the sites of other companies, including those of our enterprise clients. We are not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies by visiting their respective websites, apps, etc.
VIII. POLICY TOWARD CHILDREN
We follow generally accepted industry standards to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, due to the nature of Internet communications and evolving technologies, unauthorized entry or use, hardware or software failure, and other factors, the security of User information may be compromised at any time. Therefore, we cannot guarantee the absolute security of the Information and disclaim any assurance that such information will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
X. CALIFORNIA PRIVACY RIGHTS
TUP does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals. If an End User is a California resident, California Civil Code Section 1798.83(c)(2) permits such individual to request information regarding the disclosure of his/her information by TUP to third parties for such third parties’ direct marketing purposes. To make such a request, please send us an email to info@tupsolutions.
XI. USER RIGHTS TO INFORMATION & COMMUNICATION PREFERENCES
Users have a right at any time to:
a. Receive confirmation as to whether Personal Information concerning you is being processed, and access your stored personal information, together with supplementary information;
b. Receive a copy of personal information you directly volunteer to us in a structured, commonly used and machine-readable format;
c. Request rectification of your personal information that is in our control;
d. Request erasure of your personal information;
e. Object to the processing of personal information by us;
f. Request to restrict processing of your personal information by us;
g. Lodge a complaint with a supervisory authority;
However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements.
As of January 1st 2020, California residents were granted with the right to not be discriminated against for having exercised their rights under the California Consumer Privacy Act (“CCPA”). Unless permitted by the CCPA, we will not:
a. Deny you goods or services;
b. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
c. Provide you a different level or quality of goods or services;
d. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Users may exercise their rights by contacting us through the contact details available below. In addition, you may manage your receipt of marketing and communications by clicking on the “unsubscribe” link located on the bottom of any TUP marketing e-mail or by following the instructions found on the Website. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.
We will retain your personal information for as long as necessary to provide our services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. We will keep records as required by applicable laws and regulations. We may rectify, replenish, or remove incomplete or inaccurate information, at any time and at our own discretion.
XIV. HOW TO CONTACT US
Physical Address: PO BOX 1316, Woodstock, NY, 12498