Terms & Conditions
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.
This Privacy Statement covers the following subjects:
- Types of the Personal Data We Collect
- How We Collect the Personal Data
- How We Use the Personal Data We Collect
- How We Share the Personal Data
- How We Store, Process, Transfer and Protect the Personal Data
- Your Choices About the Personal Data
- Changes to Our Privacy Statement
- How to Contact Us
1. Types of the Personal Data We Collect
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:
- Personal information: 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.
- Online usage information: 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.
- Software usage information: 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.
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.
2. How We Collect the Personal Data
We collect information directly from you:
- Registration and Ordering: 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.
- Email Addresses: 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.
- Phone Number: 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.
- Product Reviews: 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.
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.
3. How We Use the Personal Data We Collect
- Use of personal information: 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.
- Use of online usage information: 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.
- Use of software usage information: 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.
- Use of combined personal data: 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.
4. How We Share the Personal Data
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 (“Third Party Service Providers”) with whom we share personal data to support these Services.
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.
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.
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.
Information regarding your purchases and payments is shared with billing and payment processing services, fraud detection and prevention services, accounting and ﬁnancial advisors.
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.
Information on your account, purchases and preferences can be shared with marketing services.
Insofar as reasonably necessary to defend our legal rights, we may share your personal data with our legal advisors.
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.
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:
- Corporate transactions: 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.
5. How We Store, Process, Transfer and Protect the Personal Data
- Data Retention: 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.
- Security: 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.
- Data compromise: 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.
6. Your Rights and Choices About Your Personal Data
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.
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.
8. How to Contact Us