PRIVACY NOTICE
Last updated March 17, 2022
This privacy notice for The TONE Knows, Inc. (TONE) (doing business as TONE) ("TONE,"
"we," "us," or "our"), describes how and why we might
collect, store, use,
and/or share ("process") your information when you use our
services ("Services"), such as when you:
Visit our website at http://www.thetoneknows.com, or any website of ours that links to this privacy
notice
Download and use our mobile application (TONE), or any other application of ours that links to this
privacy notice
Engage with us in other related ways, including any sales, marketing, or events
Questions or concerns? Reading this privacy notice will help you understand your privacy rights
and choices. If you do not agree with our policies and practices,
please do not use our Services.
If you still have any questions or concerns, please contact us at info@thetoneknows.com.
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but you can
find out more details about any of these topics by clicking the link following each
key
point or by using our table of contents below to find the section you are looking for. You can
also click here to go directly to our table of contents.
What personal information do we process? When you visit, use, or navigate our Services, we may
process personal information depending on how you interact
with TONE and the Services, the choices
you make, and the products and features you use. Click here to learn more.
Do we process any sensitive personal information? We do not process sensitive personal
information.
Do you receive any information from third parties? We may receive information from public
databases, marketing partners, social media platforms, and other outside
sources. Click here to
learn more.
How do you process my information? We process your information to provide, improve, and administer
our Services, communicate with you, for security and fraud
prevention, and to comply with law. We
may also process your information for other purposes with your consent. We process your information only
when we have a valid
legal reason to do so. Click here to learn more.
In what situations and with which parties do we share personal information? We may share
information in specific situations and with specific third parties.
Click here to learn more.
How do we keep your information safe? We have organizational and technical processes and
procedures in place to protect your personal information. However, no
electronic transmission over
the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise
or guarantee that hackers,
cybercriminals, or other unauthorized third parties will not be able to
defeat our security and improperly collect, access, steal, or modify your information. Click here
to
learn more.
What are your rights? Depending on where you are located geographically, the applicable privacy
law may mean you have certain rights regarding your personal
information. Click here to learn
more.
How do I exercise my rights? The easiest way to exercise your rights is by filling out our data
subject request form available here: https://thetoneknows.com/contact/,
or by contacting us. We
will consider and act upon any request in accordance with applicable data protection laws.
Want to learn more about what TONE does with any information we collect? Click here to review the notice
in full.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE PROCESS YOUR
INFORMATION?
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?
4. WHEN
AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
5. WHAT IS OUR STANCE ON THIRD-PARTY
WEBSITES?
6. HOW LONG DO WE KEEP YOUR INFORMATION?
7. HOW DO WE KEEP YOUR INFORMATION
SAFE?
8. DO WE COLLECT INFORMATION FROM MINORS?
9. WHAT ARE YOUR PRIVACY RIGHTS?
10.
CONTROLS FOR DO-NOT-TRACK FEATURES
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY
RIGHTS?
12. DO WE MAKE UPDATES TO THIS NOTICE?
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE
COLLECT FROM YOU?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information
that you provide to us.
We collect personal information that you voluntarily provide to us when you express an interest in
obtaining information about us or our products and Services, when you
participate in activities on
the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the
context of your interactions with us and the Services, the choices you
make, and the products and
features you use. The personal information we collect may include the following:
phone numbers
email addresses
names
Sensitive Information. We do not process sensitive information.
Application Data. If you use our application(s), we also may collect the following information if
you choose to provide us with access or permission:
Geolocation Information. We may request access or permission to track location-based information
from your mobile device, either continuously or while
you are using our mobile application(s), to
provide certain location-based services. If you wish to change our access or permissions, you may do so
in
your device's settings.
Mobile Device Data. We automatically collect device information (such as your mobile device ID,
model, and manufacturer), operating system, version information
and system configuration
information, device and application identification numbers, browser type and version, hardware model
Internet service provider and/or
mobile carrier, and Internet Protocol (IP) address (or proxy
server). If you are using our application(s), we may also collect information about the phone
network
associated with your mobile device, your mobile device’s operating system or
platform, the type of mobile device you use, your mobile device’s unique device ID,
and
information about the features of our application(s) you accessed.
Push Notifications. We may request to send you push notifications regarding your account or
certain features of the application(s). If you wish to opt out from
receiving these types of
communications, you may turn them off in your device's settings.
This information is primarily needed to maintain the security and operation of our application(s), for
troubleshooting, and for our internal analytics and reporting
purposes.
All personal information that you provide to us must be true, complete, and accurate, and you must notify
us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or
browser and device characteristics — is collected automatically when you visit
our
Services.
We automatically collect certain information when you visit, use, or navigate the Services. This
information does not reveal your specific identity (like your name or
contact information) but may
include device and usage information, such as your IP address, browser and device characteristics,
operating system, language
preferences, referring URLs, device name, country, location, information
about how and when you use our Services, and other technical information. This information
is
primarily needed to maintain the security and operation of our Services, and for our internal
analytics and reporting purposes.
The information we collect includes:
Device Data. We collect device data such as information about your computer, phone, tablet, or
other device you use to access the Services. Depending on the
device used, this device data may
include information such as your IP address (or proxy server), device and application identification
numbers, location, browser
type, hardware model, Internet service provider and/or mobile carrier,
operating system, and system configuration information.
Location Data. We collect location data such as information about your device's location, which
can be either precise or imprecise. How much information we
collect depends on the type and
settings of the device you use to access the Services. For example, we may use GPS and other
technologies to collect
geolocation data that tells us your current location (based on your IP
address). You can opt out of allowing us to collect this information either by refusing access
to
the information or by disabling your Location setting on your device. However, if you choose to opt out,
you may not be able to use certain aspects of the
Services.
Information collected from other sources
In Short: We may collect limited data from public databases, marketing partners, and other outside sources.
In order to enhance our ability to provide relevant marketing, offers, and services to you and update our
records, we may obtain information about you from other
sources, such as public databases, joint
marketing partners, affiliate programs, data providers, and from other third parties. This information
includes mailing addresses,
job titles, email addresses, phone numbers, intent data (or user
behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs, and
custom
profiles, for purposes of targeted advertising and event promotion.
2. HOW DO WE PROCESS YOUR INFORMATION?
In Short: We process your information to
provide, improve, and administer our Services, communicate with you, for security and fraud
prevention, and to comply with
law. We may also process your information for other purposes
with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our
Services, including:
To deliver targeted advertising to you. We may process your information to develop and display
personalized content and advertising tailored to your interests,
location, and more.
To determine the effectiveness of our marketing and promotional campaigns. We may process your
information to better understand how to provide
marketing and promotional campaigns that are most
relevant to you.
To save or protect an individual's vital interest. We may process your information when necessary
to save or protect an individual’s vital interest, such
as to prevent harm.
Personalized Content. Personalized Content
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?
In Short: We only
process your personal information when we believe it is necessary and we have a valid legal reason
(i.e., legal basis) to do so under applicable law,
like with your consent, to comply with laws,
to provide you with services to enter into or fulfill our contractual obligations, to protect your
rights, or to fulfill our legitimate
business interests.
If you are located in the EU or UK, this section applies to you.
The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we
rely on in order to process your personal information. As
such, we may rely on the following legal
bases to process your personal information:
Consent. We may process your information if you have given us permission (i.e., consent) to use
your personal information for a specific purpose. You can
withdraw your consent at any time. Click
here to learn more.
Legitimate Interests. We may process your information when we believe it is reasonably necessary
to achieve our legitimate business interests and
those interests do not outweigh your interests and
fundamental rights and freedoms. For example, we may process your personal information for some
of
the purposes described in order to:
Develop and display personalized and relevant advertising content for our users
Support our marketing activities
In order to develop and display personalized and relevant content for your users.
Legal Obligations. We may process your information where we believe it is necessary for compliance
with our legal obligations, such as to cooperate
with a law enforcement body or regulatory agency,
exercise or defend our legal rights, or disclose your information as evidence in litigation in which
we
are involved.
Vital Interests. We may process your information where we believe it is necessary to protect your
vital interests or the vital interests of a third party,
such as situations involving potential
threats to the safety of any person.
If you are located in Canada, this section applies to you.
We may process your information if you have given us specific permission (i.e., express consent) to use
your personal information for a specific purpose, or
in situations where your permission can be
inferred (i.e., implied consent). You can withdraw your consent at any time. Click here to learn
more.
In some exceptional cases, we may be legally permitted under applicable law to process your information
without your consent, including, for example:
If collection is clearly in the interests of an individual and consent cannot be obtained in a timely
way
For investigations and fraud detection and prevention
For business transactions provided certain conditions are met
If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
For identifying injured, ill, or deceased persons and communicating with next of kin
If we have reasonable grounds to believe an individual has been, is, or may be victim of financial
abuse
If it is reasonable to expect collection and use with consent would compromise the availability or the
accuracy of the information and the collection is
reasonable for purposes related to investigating
a breach of an agreement or a contravention of the laws of Canada or a province
If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating
to the production of records
If it was produced by an individual in the course of their employment, business, or profession and the
collection is consistent with the purposes for which the
information was produced
If the collection is solely for journalistic, artistic, or literary purposes
If the information is publicly available and is specified by the regulations
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
In Short: We may share
information in specific situations described in this section and/or with the following third
parties.
We may need to share your personal information in the following situations:
Business Transfers. We may share or transfer your information in connection with, or during
negotiations of, any merger, sale of company assets, financing, or
acquisition of all or a portion
of our business to another company.
Affiliates. We may share your information with our affiliates, in which case we will require those
affiliates to honor this privacy notice. Affiliates include our parent
company and any
subsidiaries, joint venture partners, or other companies that we control or that are under common
control with us.
Business Partners. We may share your information with our business partners to offer you certain
products, services, or promotions.
5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
In Short: We are not responsible for
the safety of any information that you share with third parties that we may link to or who advertise
on our Services, but are not
affiliated with, our Services.
The Services may link to third-party websites, online services, or mobile applications and/or contain
advertisements from third parties that are not affiliated with us and
which may link to other
websites, services, or applications. Accordingly, we do not make any guarantee regarding any such third
parties, and we will not be liable for any
loss or damage caused by the use of such third-party
websites, services, or applications. The inclusion of a link towards a third-party website, service, or
application
does not imply an endorsement by us. We cannot guarantee the safety and privacy of data
you provide to any third parties. Any data collected by third parties is not
covered by this
privacy notice. We are not responsible for the content or privacy and security practices and policies of
any third parties, including other websites,
services, or applications that may be linked to or
from the Services. You should review the policies of such third parties and contact them directly to
respond to your
questions.
6. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as
long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required
by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in
this privacy notice, unless a longer retention period is required or
permitted by law (such as tax,
accounting, or other legal requirements). No purpose in this notice will require us keeping your
personal information for longer than 1 year.
When we have no ongoing legitimate business need to process your personal information, we will either
delete or anonymize such information, or, if this is not possible
(for example, because your
personal information has been stored in backup archives), then we will securely store your personal
information and isolate it from any
further processing until deletion is possible.
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal
information through a system of organizational and technical security measures.
We have implemented appropriate and reasonable technical and organizational security measures designed to
protect the security of any personal information we
process. However, despite our safeguards and
efforts to secure your information, no electronic transmission over the Internet or information storage
technology can be
guaranteed to be 100% secure, so we cannot promise or guarantee that hackers,
cybercriminals, or other unauthorized third parties will not be able to defeat our
security and
improperly collect, access, steal, or modify your information. Although we will do our best to protect
your personal information, transmission of personal
information to and from our Services is at your
own risk. You should only access the Services within a secure environment.
8. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of
age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services,
you represent that you are at least 18 or that you are the
parent or guardian of such a minor and
consent to such minor dependent’s use of the Services. If we learn that personal information from
users less than 18 years of
age has been collected, we will deactivate the account and take
reasonable measures to promptly delete such data from our records. If you become aware of any
data
we may have collected from children under age 18, please contact us at
info@thetoneknows.com.
9. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European
Economic Area (EEA), United Kingdom (UK), and Canada, you have rights that allow you greater access
to and
control over your personal information. You may review, change, or terminate your
account at any time.
In some regions (like the EEA, UK, and Canada), you have certain rights under applicable data protection
laws. These may include the right (i) to request access and
obtain a copy of your personal
information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal
information; and (iv) if applicable, to data
portability. In certain circumstances, you may also
have the right to object to the processing of your personal information. You can make such a request by
contacting us
by using the contact details provided in the section “HOW CAN YOU CONTACT US
ABOUT THIS NOTICE?” below.
We will consider and act upon any request in accordance with applicable data protection
laws.
If you are located in the EEA or UK and you believe we are unlawfully processing
your personal information, you also have the right to complain to your local data
protection
supervisory authority. You can find their contact details here:
https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are located in Switzerland, the contact details for the data protection authorities are available
here: https://www.edoeb.admin.ch/edoeb/en/home.html.
Withdrawing your consent: If we are relying on your consent to process your personal information,
which may be express and/or implied consent depending on the
applicable law, you have the right to
withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using
the contact details
provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?"
below.
However, please note that this will not affect the lawfulness of the processing before its withdrawal,
nor when applicable law allows, will it affect the processing of your
personal information
conducted in reliance on lawful processing grounds other than consent.
Opting out of marketing and promotional communications: You can unsubscribe from our marketing and
promotional communications at any time by or by
contacting us using the details provided in the
section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the
marketing
lists. However, we may still communicate with you — for example, to send you
service-related messages that are necessary for the administration and use of your
account, to
respond to service requests, or for other non-marketing purposes.
If you have questions or comments about your privacy rights, you may email us at
info@thetoneknows.com.
10. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems
and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to
signal your
privacy preference not to have data about your online browsing activities monitored and
collected. At this stage no uniform technology standard for recognizing and
implementing DNT
signals has been finalized. As such, we do not currently respond to DNT browser signals or any other
mechanism that automatically communicates
your choice not to be tracked online. If a standard for
online tracking is adopted that we must follow in the future, we will inform you about that practice in
a revised
version of this privacy notice.
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are
a resident of California, you are granted specific rights regarding access to your personal
information.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our
users who are California residents to request and obtain from us, once a
year and free of charge,
information about categories of personal information (if any) we disclosed to third parties for direct
marketing purposes and the names and
addresses of all third parties with which we shared personal
information in the immediately preceding calendar year. If you are a California resident and would like
to
make such a request, please submit your request in writing to us using the contact information
provided below.
If you are under 18 years of age, reside in California, and have a registered account with Services, you
have the right to request removal of unwanted data that you
publicly post on the Services. To
request removal of such data, please contact us using the contact information provided below and include
the email address associated
with your account and a statement that you reside in California. We
will make sure the data is not publicly displayed on the Services, but please be aware that the
data
may not be completely or comprehensively removed from all our systems (e.g., backups,
etc.).
CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California
for a temporary or transitory purpose
All other individuals are defined as "non-residents."
If this definition of "resident" applies to you, we must adhere to certain rights and
obligations regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
Category Examples Collected
A. Identifiers
Contact details, such as real name, alias, postal
address, telephone or mobile contact
number,
unique personal identifier, online identifier,
Internet Protocol address, email
address, and
account name
YES
B. Personal information
categories listed in the
California Customer Records
statute
Name, contact information, education,
employment, employment history, and
financial
information
NO
C. Protected classification
characteristics under California
or federal law
Gender and date of birth NO
D. Commercial information
Transaction information, purchase history,
financial details, and
payment information
NO
E. Biometric information Fingerprints and voiceprints NO
F. Internet or other similar
network activity
Browsing history, search history, online
behavior, interest data, and interactions with our
and
other websites, applications, systems, and
advertisements
NO
G. Geolocation data Device location YES
H. Audio, electronic, visual,
thermal, olfactory, or similar
information
Images and audio, video or call recordings
created in connection with our business
activities. Mic use for only TONE-Tags®.
NO
I. Professional or employment-
related information
Business contact details in order to provide you
our services at a business level or job title,
work
history, and professional qualifications if you
apply for a job with us
NO
J. Education Information Student records and directory information NO
K. Inferences drawn from other
personal information
Inferences drawn from any of the collected
personal information listed above to create
a
profile or summary about, for example, an
individual’s preferences and
characteristics
YES
We may also collect other personal information outside of these categories instances where you interact
with us in person, online, or by phone or mail in the context of:
Receiving help through our customer support channels;
Participation in customer surveys or contests; and
Facilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your personal information?
More information about our data collection and sharing practices can be found in this privacy notice.
You may contact us by email at info@thetoneknows.com, by visiting https://thetoneknows.com/contact/, or
by referring to the contact details at the bottom of this
document.
If you are using an authorized agent to exercise your right to opt out we may deny a request if the
authorized agent does not submit proof that they have been validly
authorized to act on your
behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract
between us and each service provider. Each service provider is a
for-profit entity that processes
the information on our behalf.
We may use your personal information for our own business purposes, such as for undertaking internal
research for technological development and demonstration. This
is not considered to be
"selling" of your personal information.
The TONE Knows, Inc. (TONE) has not disclosed or sold any personal information to third parties for a
business or commercial purpose in the preceding twelve (12)
months. The TONE Knows, Inc. (TONE)
will not sell personal information in the future belonging to website visitors, users, and other
consumers.
Your rights with respect to your personal data
Right to request deletion of the data — Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal
information, we will respect your request and delete your personal
information, subject to certain
exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her
right to free speech, our
compliance requirements resulting from a legal obligation, or any
processing that may be required to protect against illegal activities.
Right to be informed — Request to know
Depending on the circumstances, you have a right to know:
whether we collect and use your personal information;
the categories of personal information that we collect;
the purposes for which the collected personal information is used;
whether we sell your personal information to third parties;
the categories of personal information that we sold or disclosed for a business purpose;
the categories of third parties to whom the personal information was sold or disclosed for a business
purpose; and
the business or commercial purpose for collecting or selling personal information.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is
de-identified in response to a consumer request or to re-identify
individual data to verify a
consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.
Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person
about whom we have the information in our system. These
verification efforts require us to ask you
to provide information so that we can match it with information you have previously provided us. For
instance, depending on the
type of request you submit, we may ask you to provide certain
information so that we can match the information you provide with the information we already have on
file,
or we may contact you through a communication method (e.g., phone or email) that you have
previously provided to us. We may also use other verification methods as
the circumstances
dictate.
We will only use personal information provided in your request to verify your identity or authority to
make the request. To the extent possible, we will avoid requesting
additional information from you
for the purposes of verification. However, if we cannot verify your identity from the information
already maintained by us, we may request
that you provide additional information for the purposes
of verifying your identity and for security or fraud-prevention purposes. We will delete such
additionally provided
information as soon as we finish verifying you.
Other privacy rights
You may object to the processing of your personal information.
You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.
You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a
request from an authorized agent that does not submit
proof that they have been validly authorized
to act on your behalf in accordance with the CCPA.
You may request to opt out from future selling of your personal information to third parties. Upon
receiving an opt-out request, we will act upon the request as
soon as feasibly possible, but no
later than fifteen (15) days from the date of the request submission.
To exercise these rights, you can contact us by email at info@thetoneknows.com, by visiting
https://thetoneknows.com/contact/, or by referring to the contact details at
the bottom of this
document. If you have a complaint about how we handle your data, we would like to hear from you.
12. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as
necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated
"Revised" date and the updated version will be effective as
soon as it is accessible. If
we make material changes to this privacy notice, we may notify you either by prominently posting a
notice of such changes or by directly
sending you a notification. We encourage you to review this
privacy notice frequently to be informed of how we are protecting your information.
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this
notice, you may email us at info@thetoneknows.com or by post to:
The TONE Knows, Inc. (TONE)
9101 W. Sahara Ave.
Suite 105-1441
Las Vegas, NV
89117
United States
14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the
applicable laws of your country, you may have the right to request access to the personal information we
collect from you, change that information, or
delete it in some circumstances. To request to
review, update, or delete your personal information, please visit:
https://thetoneknows.com/contact/.
This privacy policy was created using Termly's Privacy Policy Generator.