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<p class="MsoNormal"><span lang="EN-US" style="font-size: 12pt; font-family: GraphikRegular;">NOVA TOMATO LIMITED</span></p>
<p><span lang="EN-US" style="font-size: 12pt; font-family: GraphikRegular;">WORKSHOP NO.7, 19 HONG YIP STREET, HONGKONG</span></p>
<p><span style="font-family: GraphikRegular; font-size: 12pt;">Email: <a href="mailto:support@novatomato.com">support@novatomato.com</a></span></p>
<p><span style="font-family: GraphikRegular; font-size: 12pt;">Copyright &copy; 2022 NovaTomato All rights reserved.</span></p>

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General Terms and Conditions of Sale, Supply and Service

<p>Thank you for accessing the website, mobile applications, devices and other software (collectively, the "Site") of novatomato.com (&ldquo;We&rdquo;, &ldquo;Us&rdquo; or &ldquo;NovaTomato&rdquo;). We respect your privacy and want you to know about the Privacy Policy we have in place to protect your personal information. This Privacy Policy applies to all of our services, tools and products (including via mobile devices, mobile applications or mobile-optimized websites) (collectively, the &ldquo;Services&rdquo;).</p>
<p>We do not knowingly collect, maintain, disclose, or transfer the personal information about users under the age of 16. If you are under the age of 16, please do not use our Services. If you are under the age of 16 and have used our Services, please contact us at the email address below so that we may delete your personal information.</p>
<p>This Privacy Policy provides a clear and prominent explanation of how we collect, use, share and protect your personal data or the personal data of others provided by you when you use our Services to deliver products to others (collectively, &ldquo;Personal Data&rdquo;).</p>
<p>This Privacy Statement covers the following subjects:</p>
<ol class="mb-5">
<li>Types of the Personal Data We Collect</li>
<li>How We Collect the Personal Data</li>
<li>How We Use the Personal Data We Collect</li>
<li>How We Share the Personal Data</li>
<li>How We Store, Process, Transfer and Protect the Personal Data</li>
<li>Your Choices About the Personal Data</li>
<li>Changes to Our Privacy Statement</li>
<li>How to Contact Us</li>
</ol>
<h5>1. Types of the Personal Data We Collect</h5>
<p>Personal data is any information relating to an identified or identifiable natural person, including information that can be used to identify you as an individual, directly or indirectly by reference to one or more factors specific to you. Personal data can include the following types of information:</p>
<ul class="stylized-list ml-5">
<li><strong>Personal information:</strong> We collect and use personal information from our customers and potential customers. Such information includes your name, contact information (postal address, telephone number, fax number, and email address), billing information, transaction history and other necessary information. You may also elect to provide NovaTomato with information regarding your personal or professional interests, experience with our products and contact preferences.</li>
<li><strong>Online usage information:</strong> We also sometimes collect and use information from your online interactions with us. Online usage information can include IP address, browser size, type and language, referring/exit pages and URLs, number of visits to our website and the hyperlinks you visited.</li>
<li><strong>Software usage information:</strong> We collect and use personal data relating to users of the software or other NovaTomato products connected to the software. Such information may include software or device username, host name, device ID, IP address, Wi-Fi access point information, email address associated with the software, and/or information about usage of the software or its features.</li>
</ul>
<p>We may combine the information you provide to us through different communications and contact channels, for example by combining data collected online with information provided offline.</p>
<h5>2. How We Collect the Personal Data</h5>
<p>We collect information directly from you:</p>
<ul class="stylized-list ml-5">
<li><strong>Registration and Ordering:</strong> In order to use certain parts of this Site or order products, all customers must fill out an online registration form with personal information, including but not limited to, your name, gender, shipping and billing address(es), phone number, email address, and other necessary information. In addition, we may ask for your country of residence and/or your organization's country of operation, so that we can comply with applicable laws and regulations. This information is used for billing, order processing and internal marketing as well as to communicate with you about your order and our Site.</li>
<li><strong>Email Addresses:</strong> Several locations on the Site allow you to enter your email address for purposes including but not limited to: registering for free promotional notices, requesting notification when new brands or product styles arrive, or signing up for our email newsletter. In addition, any participation in promotional contests organized by novatomato.com is completely voluntary and requires disclosure of contact information needed to notify winners and award prizes. We may post the names and cities of contest winners on our Site.</li>
<li><strong>Phone Number:</strong> Several locations on the Site allow you to enter your phone number for purposes including but not limited to: SMS verification, registering for free promotional notices, requesting notification when new brands or product styles arrive, or signing up for our SMS newsletter. We store your e-mail address and telephone number until you request that we delete it.</li>
<li><strong>Product Reviews:</strong> We ask for an email address and location along with the submission of all product reviews. Your email address will be kept private, but your location will be visible to other users. All other personal information that you choose to submit as part of the review will be available to other visitors to the Site.</li>
</ul>
<p>We use cookies and other technologies such as web beacons, local shared objects, local storage, e-tags, and JavaScript, to collect online usage information. Please review our <a href="../../terms-and-conditions/cookie-policy/" target="_blank" rel="noopener">Cookie Policy</a> for more information regarding our use of these technologies and your choices about them.</p>
<p>Certain NovaTomato software collects software user information via an automatic data feed when connected to the internet. Specific information about which personal data is collected by a particular software product is available in the documentation associated with that product.</p>
<h5>3. How We Use the Personal Data We Collect</h5>
<ul class="stylized-list ml-5">
<li><strong>Use of personal information:</strong> We use your personal information: (a) to respond to your correspondence; (b) to help you complete a transaction or order; (c) to provide updates on service and benefits; (d) to personalize our website for your needs; (e) to provide advertising, promotions or newsletters regarding our products and services to you online or by email; (f) to conduct market research to help us better meet our customers' needs; (g) to obtain your feedback on our products or services you have purchased; (h) to comply with our legal obligations, including export controls and trade compliance laws; and (i) for payment and order processing. Whenever we collect credit card numbers or other financial data, such information will be encrypted, will only be used for payment processing and will not be retained for other purposes.</li>
<li><strong>Use of online usage information:</strong> We collect online usage information to optimize your online experience, specifically: (a) to remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) to provide custom, personalized content and information; (c) to provide and monitor the effectiveness of our website; (d) to monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) to diagnose or fix technology problems; (f) to help you efficiently access your information after you sign in; and (g) to provide advertising for NovaTomato products and services to you online or by email.</li>
<li><strong>Use of software usage information:</strong> We use personal data collected from software usage for the following purposes: (a) to analyze software performance and functionality to improve the user experience; (b) to check for and provide software updates; (c) to ensure compliance with terms and conditions of software license agreements; (d) to identify unlicensed usage of the software; and (e) to provide usage reporting to our customers.</li>
<li><strong>Use of combined personal data:</strong> We may sometimes combine your personal information with online usage information and/or software usage information to build a broader profile of our individual users so that we can better serve our customers. This combined data will be used only for the purposes outlined in this Privacy Statement.</li>
<li><strong>Online advertising:</strong> We partner with trusted third parties to manage our advertising on other websites. These partners use cookies to collect information about your activities on our website, so that we can provide you advertising for our products and services that are relevant to your interests. For more information about third-party cookies and online advertising, please review our <a href="../../terms-and-conditions/cookie-policy/" target="_blank" rel="noopener">Cookie Policy</a>.</li>
</ul>
<h5>4. How We Share the Personal Data</h5>
<p>We will not rent or sell the Personal Data to any party. In order for us to provide you with our Services, we work with third parties (&ldquo;Third Party Service Providers&rdquo;) with whom we share personal data to support these Services.</p>
<p>Information you have provided to us during the use of our Services, including technical usage data, is shared with third parties who provide hosting and server co-location services as well as data and cyber security services.</p>
<p>Information you have provided to us during the use of our Services may be shared with third-party manufacturing services whom we engage to provide any Services.</p>
<p>Your email address and other contact details you have provided to us and your messages to our customer service is shared with communication, email distribution, and content delivery services as well as customer support system providers.</p>
<p>Information regarding your purchases and payments is shared with billing and payment processing services, fraud detection and prevention services, accounting and ﬁnancial advisors.</p>
<p>Information regarding your use of our website and other information received from cookies and similar technology is shared with web analytics, session recording, and online marketing services.</p>
<p>Information on your account, purchases and preferences can be shared with marketing services.</p>
<p>Insofar as reasonably necessary to defend our legal rights, we may share your personal data with our legal advisors.</p>
<p>We will only share personal data to Third Party Service Providers that have undertaken to comply with obligations set out in applicable data protection laws.</p>
<p>In certain circumstances, we will also disclose your information to third parties in and outside your country only to the extent allowed by applicable law, including:</p>
<ul class="stylized-list ml-5">
<li><strong>Corporate transactions:</strong> Circumstances may arise where we decide to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of such information from sellers. It is our practice to disclose personal information in these circumstances only as permitted by applicable data protection law and to seek appropriate protection for personal information in these types of corporate transactions.</li>
<li><strong>Legal necessity:</strong> We also may disclose your personal information: (a) if we are required to do so by law; (b) if we believe that it is necessary to enforce or apply our terms of use and other agreements or otherwise protect and defend the rights, property or safety of us or that of our customers; or (c) to comply with a judicial proceeding, bankruptcy proceeding, court order or other legal obligation or government inquiry.</li>
</ul>
<h5>5. How We Store, Process, Transfer and Protect the Personal Data</h5>
<ul class="stylized-list ml-5">
<li><strong>Storage, processing and transferring of your personal data:</strong> In principle, the personal data we collect and generate within the territory will be stored within the territory or appropriate territory defined by NovaTomato. However, NovaTomato's global organizational structure requires the global transfer of personal data within the NovaTomato group of companies. As a result, we may transfer personal data to, and store or process personal data in, countries other than the country in which the personal data originally was collected. When we transfer, store or process personal data in other countries, we will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the applicable laws and this Privacy Policy.</li>
<li><strong>Data Retention:</strong> We retain your personal data as part of your individual customer record for a proper time period which comply with the GDPR, CCPA, etc. following any activity on your account. After that time, your record will be inactivated and then deleted in accordance with NovaTomato's data retention practices. We may retain personal data associated with orders, quotes, or other official business records for a longer period of time as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.</li>
<li><strong>Security:</strong> NovaTomato puts in place appropriate physical, electronic and organizational measures to safeguard and secure your data. These measures follow generally accepted industry standards both during transmission and once it is received. Unfortunately, the transmission of information over the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmission to our website.</li>
<li><strong>Data compromise:</strong> In the event that your personal data under our control is compromised, NovaTomato will investigate the situation and take all steps required by applicable law. This includes notification of the competent data protection authority where applicable, and when appropriate notification of those individuals whose personal data may have been compromised. NovaTomato may take other steps in accordance with any applicable laws and regulations.</li>
</ul>
<h5>6. Your Rights and Choices About Your Personal Data</h5>
<p>You have certain rights with respect to your personal data, including: the right to obtain information about the personal data we store about you, the right to have your personal data corrected if it is inaccurate, and the right to object, on grounds relating your particular situation, at any time to processing of your personal data. You also have the right, under certain circumstances, to erasure, restriction of processing, and portability of your personal data.</p>
<p>To exercise your rights please contact NovaTomato by the email as below. We will respond to your request as soon as is reasonably practicable and in any event within 30 days. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting you access or enabling you to make corrections. Additional ways you may exercise choice about your personal data are outlined below.</p>
<h5>7. Changes to Our Privacy Policy</h5>
<p>This Privacy Policy is effective as of the date stated at the start of this Privacy Policy. We reserve the right to modify this Privacy Policy at any time by posting the revised policy on our website and updating the date the policy was last revised. If we make material changes to our privacy practices, we will notify you by email or by means of a prominent notice on our home page.</p>
<h5>8. How to Contact Us</h5>
<p>Please contact us with questions or comments about our privacy policy at <a href="mailto:support@novatomato.com">support@novatomato.com</a>.</p>

<p>This policy explains our principles when it comes to the collection, processing, and storage of your information. This policy specifically explains how we, our partners, and users of our services deploy cookies, as well as the options you have to control them.</p>
<h5>1. What are Cookies?</h5>
<p>Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser. They are widely used to remember you and your preferences, either for a single visit (through a session cookie) or for multiple repeat visits (using a persistent cookie).</p>
<h5>2. Why do we use cookies?</h5>
<p>Cookies serve many functions. Some examples are that they allow us remember whether you are logged in to the site, to remember what items you had in your shopping basket and to serve content tailored specifically for you. Cookies are used with our marketing partners to present you with appropriate offers and advertising as you browse other sites on the internet, based on the products you looked at while on our site. Cookies also allow us to work alongside our web analytics partner, to see how you like to use our websites, which pages or special functions you prefer and help us to make them better. This helps us to continually improve our service.</p>
<h5>3. What cookies do we use?</h5>
<p>There are two types of cookies that may be used during your visit to a NovaTomato's website:</p>
<p>3.1.Session cookies</p>
<p>Session cookies are deleted after each visit to our site. For example, when you are browsing a NovaTomato's site, it will remember you for the duration of your visit, but the cookie will be removed from your computer as soon as you close down your internet browser. It is session cookies that allow you to add an item to the basket and then move through the checkout. Disallowing these cookies via your web browser will mean you are unable to place an order on this site.</p>
<p>3.2.Persistent cookies</p>
<p>Persistent cookies remember you for a set period of time. On your first visit to a NovaTomato's site, you will be presented with a default view. Over time, the version of the site you see may change, as persistent cookies remember items you have previously viewed, preference changes you have made, or whether you logged into or out of your account while browsing.</p>
<p>By using our website, you agree that we can place these types of cookies on your device.</p>
<h5>4. Where we place cookies?</h5>
<p>We set cookies in a number of different locations across our services. These include:</p>
<ul class="stylized-list">
<li>On our websites.</li>
<li>On sites we host for our users.</li>
<li>On sites that use our plugins.</li>
<li>In the emails we send.</li>
</ul>
<h5>5. Your Choices</h5>
<p>Most web browsers will provide the option to turn off, or disallow cookies. How you do this depends on the web browser you're using. Instructions for disallowing cookies can usually be found in the browser's 'Help' menu. Note that in common with most other transactional websites, refusing cookies via your web browser will mean that you are unable to make a transactional purchase on our websites. You will also find that the functionality of many other websites and services will be affected. Cookies can be deleted using your web browser. However, unless they are disallowed they will be re-applied the next time you visit a website.</p>
<p>You have choices on how NovaTomato uses cookies. Please note that if you limit the ability of NovaTomato to use cookies, you may worsen your overall user experience, since it may no longer be as personalized to you. It may also stop you from saving customized settings like login information.</p>
<p>If you click on a hyperlink from NovaTomato's websites to any third-party websites (for example, if you share content from NovaTomato's websites with friends or colleagues through social networks), you may be sent cookies from these third-party websites.</p>
<p>Third-party websites will have their own privacy and cookie policies which NovaTomato cannot control. Please check the third-party websites for more information about their cookies and how to manage them.</p>
<h5>6. Cookie changes</h5>
<p>We reserve the right to make changes to this Cookie Policy. Amendments and / or additions to this Cookie Policy will come into force when published on our website.</p>
<p>By continuing to use our website and / or our services after changes have been made to this Cookie Policy, you are indicating your consent to the new wording of the Cookie Policy. It is your responsibility to regularly check the content of this policy to learn about any changes.</p>
<h5>7. Contact us</h5>
<p>Please contact us with questions or comments about our Cookie Policy at <a href="mailto:support@novatomato.com">support@novatomato.com</a>.</p>

<p>These Content Guidelines are intended to provide clarity around the types of content that is allowed and not allowed under our Terms of Service. Our Terms of Service bans <strong>"Prohibited Content"</strong> which is defined to include any Content that is unlawful, threatening, abusive, harassing, hateful, discriminatory, defamatory, libelous, misleading, deceptive, fraudulent, invasive, tortious, obscene, offensive, vulgar, pornographic, profane, promotes violence, is prohibited by our Content Guidelines (which are incorporated into this Terms of Service) or is otherwise inappropriate as determined by NovaTomato in its sole discretion.</p>
<p>Some of these terms are quite clear, and others less so. Below is some guidance on how we will interpret some of the terms that are less clear.</p>
<h5>Hateful content</h5>
<p>We don't tolerate content that expresses hatred towards or attacks on any person, group and/or their protected characteristics (such as but not limited to age, race, ethnicity, gender, gender identity, sexual orientation, religion, or disability). You cannot upload this sort of hateful content on our site.</p>
<h5>Unlawful content</h5>
<p>We will remove content that depicts child pornography. Obscene content, or content that depicts or promotes illegal activity may be removed. You also have to follow your local laws and those of the regions you're shipping orders to. It's your responsibility to understand what you legally can and can't create for your store.</p>
<h5>Content that is misleading, deceptive, or fraudulent</h5>
<p>We prohibit content that is false or misleading or that could threaten the public's well-being, safety or trust. Such prohibited content may include:</p>
<ol class="mb-3">
<li>False or misleading information that leads an individual to misunderstand the function or quality of any product;</li>
<li>False or misleading information about individuals, groups or classes of persons that promotes fear, hate, violence, discrimination or prejudice;</li>
<li>False or misleading information that impedes an election's integrity or an individual's or group's civic participation.</li>
</ol>
<h5>Content that Infringe Intellectual Property Rights of Others</h5>
<p>NovaTomato respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the content you submit to NovaTomato, or have the rights to use, display, and resell it. Content must comply with right of publicity, trademark, and copyright laws.</p>
<h5>Action We May Take</h5>
<p>We may take action to remove content that violates our Terms of Service and these guidelines. Such action may include removing the content, suspending the relevant account(s), and/or terminating the account(s).</p>
<h5>Change of Guidelines</h5>
<p>We may change these guidelines at any time without advance notice.</p>
<h5>Reporting Prohibited Content</h5>
<p>To report a possible violation of our Terms of Service regarding Prohibited Content, please contact us at <a href="mailto:support@novatomato.com">support@novatomato.com</a>.</p>
<p>If you have an issue or question regarding these guidelines, please contact us at <a href="mailto:support@novatomato.com">support@novatomato.com</a>.</p>

Content Guidelines

<p>THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS ACCORDING TO THE LAWS.</p>
<p>THE LIMITED WARRANTY CAN BE FOUND ON THIS WEB PAGE AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCT IF APPLICABLE.</p>
<p>WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND SERVICE WITH PROPER MAINTENANCE.</p>
<p>WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.</p>
<p>OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.</p>
<h5>WHO MAY USE THIS WARRANTY?</h5>
<p>NovaTomato (&ldquo;we&rdquo;) extends this limited warranty only to the consumer who originally purchased the product (&ldquo;<strong>you</strong>&rdquo;). It does not extend to any subsequent owner or other transferee of the product.</p>
<h5>WHAT DOES THIS WARRANTY COVER?</h5>
<p>This limited warranty covers defects in materials and workmanship of the products for the Warranty Period as defined below.</p>
<h5>WHAT DOES THIS WARRANTY NOT COVER?</h5>
<p>This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.</p>
<h5>WHAT IS THE PERIOD OF COVERAGE?</h5>
<p>This limited warranty starts on the date of your purchase and lasts for a period stipulated in the description of product (the &ldquo;<strong>Warranty Period</strong>&rdquo;). The Warranty Period is not extended if we repair or replace the product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.</p>
<h5>WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?</h5>
<p>With respect to any defective product during the Warranty Period, we will, in our sole discretion, either: (a) repair or replace such product (or the defective part) free of charge or (b)refund the purchase price of such product. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective product.</p>
<h5>HOW DO YOU OBTAIN WARRANTY SERVICE?</h5>
<p>To obtain warranty service, you must email our Customer Service Department at <a href="mailto:support@novatomato.com">support@novatomato.com</a>&nbsp;during the Warranty Period.</p>
<h5>LIMITATION OF LIABILITY</h5>
<p class="strong">THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.</p>

Product Warranty Policy

Legal Notice | NovaTomato

Legal Notice