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Privacy Policy

Website Privacy Policy     

1. Introduction

    (a) Website Owner.

    Tomofun, LLC ("Tomofun" or "Website Owner") is the owner of this website Furbo.com (“Furbo.com” or “Website”). This online privacy policy discloses Tomofun’s information practices for this Website, including what type of personal identifiable information is requested in order to make a purchase, how the information is used, and with whom the information is shared.

    (b) Website Visits.

    In general, you can visit the Furbo.com website without disclosing any personal information. Tomofun may keep track of the domains from which people visit us, or analyzes the data gathered from Website visits for trends and statistics, and then discards the gathered data.

    (c) Website Transactions.

    At times, Tomofun will need personal information regarding a customer or a prospect. For example, to process an order, Tomofun may need to know a customer's name, mailing address, e-mail address and credit card details.

    2. Personal Information That May Be Collected

      (a) Identifying Information.

      In order to make a purchase, Tomofun will request a user to provide certain personal identifying information, which may include: legal name, postal address, e-mail address, daytime telephone number, facsimile number, method of payment, and, if applicable, credit card number. Tomofun may request additional information necessary to establish and maintain customer's account.

      (b) Service Quality Monitoring.

      Some Website transactions may require a customer to call Tomofun, or Tomofun to call the customer. Tomofun will not contact you by telephone without your prior consent, except to confirm an order placed online and/or to inform a customer of the status of such order. Customer should be aware that it is Tomofun's practice to monitor, and in some cases record, such calls for staff training or quality assurance purposes.

      (c) Information from Children.

      Tomofun does not sell products or services for purchase by children, and will not collect or post information from a child under the age of 13.

      (d) Lost or Stolen Information.

      If a customer's credit card is lost or stolen, the customer should promptly notify Tomofun in order to enable Tomofun to cancel the lost or stolen information and to update its records with a changed credit card.

      (e) Links to Other Web Sites.

      The Furbo.com website may contain links to other websites. Tomofun is not responsible for the privacy practices or the content of those other websites.

      3. Uses Made of the Information

      (a) Limited Uses Identified.

      Without customer's prior consent, Tomofun will not use your  personal identifiable information for any purpose other than that for which it is submitted. Tomofun uses personal identifiable information to reply to inquiries, handle complaints, provide operational notices and in program record-keeping. Furbo.com also processes billing and business requests related to the Furbo.com website participation.

      (b) Stored Information Uses.

      Tomofun stores and retains the information provided by customer or the information entered on Furbo.com. Stored information is used by Tomofun to deliver customer purchases and/or to contact customer again about other services and products.

      4. Disclosure of the Information

        (a) Within Corporate Organization.

        Tomofun is a multinational organization, with legal entities, business processes, management structures, and technical systems that cross borders. Tomofun may share your personal information within the Tomofun corporate organization, and may transfer the information to countries in the world where Tomofun conducts business. Some countries may provide less legal protection for customer personal information. In such countries Tomofun will still handle customer personal information in the manner describe herein.

        (b) Mergers and Acquisitions.

        Circumstances may arise where for business reasons, Tomofun decides to sell, buy, merge or otherwise reorganize its businesses in the United States or some other country. Such a transaction may involve the disclosure of personal identifying information to prospective or actual purchasers, and/or receiving such information from sellers. It is Tomofun's practice to seek appropriate protection for information in these types of transactions.

        (c) Agents.

        Tomofun employs or engages other companies and individuals to perform business functions on behalf of Tomofun. These persons may be provided with personal identifying  information required to perform their functions, but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, fulfilling orders, delivering packages, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer services.

        (d) Affiliated Businesses.

        Tomofun works closely with affiliated businesses operating website stores, providing services or selling products on each other's websites. These businesses identify themselves to customers. Customer information related to a transaction with an affiliated business is shared with that affiliated business.

        (e) Marketing Analysis by Third Parties.

        Tomofun reserves the right to disclose to third parties personal information about customers for marketing analysis; however, any information disclosed will be in the form of aggregate data that does not describe or identify an individual customer.

        (f) Disclosure to Governmental Authorities.

        Under certain circumstances, personal information may be subject to disclosure pursuant to a judicial or other government subpoenas, warrants or orders.

        5. Use of Computer Tracking Technologies

          (a) No Tracking of Personal Information.

          Furbo.com is not set up to track, collect or distribute personal information not entered by visitors. Through web site access logs Tomofun does collect clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff for research and development, user analysis and business decision making, all of which provides better services to the public. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties.

          (b) Use of Cookies.

          Tomofun, or its third party vendors, collects non-identifiable and personal information through the use of various technologies, including "cookies". A cookie is an alphanumeric identifier that a Web site can transfer to customer's hard drive through customer's browser. The cookie is then stored on customer's computer as an anonymous tag that identifies the customer's computer, but not the customer. Cookies may be sent by Tomofun or its third party vendors. Customer can set its browser to notify customer before a cookie is received, giving an opportunity to decide whether to accept the cookie. Customer may also set its browser to turn off cookies; however, some websites may not then work properly.

          (c) Use of Web Beacon Technologies.

          Tomofun may also use Web beacon or other technologies to better tailor Furbo.com to provide better customer service. If these technologies are in use, when a visitor accesses these pages of Furbo.com, a nonidentifiable

          notice of that visit is generated which may be processed by Tomofun or by its suppliers. Web beacons usually work in conjunction with cookies. If customer does not want cookie information to be associated with customer's visits to these pages, customer can set its browser to turn off cookies; however, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.

          (d) Collection of Non-Identifiable Information.

          Tomofun may collect non-identifiable information from user visits to Furbo.com in order to provide better customer service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on Furbo.com; Website and system administration; user analysis; and business decision making. Such information is sometimes known as "clickstream data." Tomofun or its contractors may use this data to analyze trends and statistics.

          (e) Collection of Personal Information.

          Tomofun collects personal identifying information from customer during a transaction. Tomofun may extract some personally identifying information about that transaction in a non-identifiable format and combine it with other nonidentifiable information, such as clickstream data. This information is used and analyzed only at an aggregate level (not at an individual level) to help Tomofun understand trends and patterns. This information is not reviewed at an individual level.

          6. Information Security

          (a) Commitment to Online Security.

          Tomofun employs physical, electronic and managerial procedures to safeguard the security and integrity of personal information. Billing and payment data is encrypted whenever transmitted or received online. Personal information is accessible only by staff designated to handle online requests or complaints. All Tomofun agents and contractors with access to personal information on Furbo.com are also bound to adhere to this policy.

          (b) No Liability for Acts of Third Parties.

          Tomofun will exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, Tomofun shall not be liable for unauthorized disclosure of personal information due to no fault of Tomofun including, but not limited to, errors in transmission and unauthorized acts of Tomofun’s staff and/or third parties.

          7. Privacy Policy Changes

            (a) Changes to Privacy Policy.

            This privacy notice was last updated on February 10, 2017.

            Tomofun reserves the right to change or update its privacy policy statement at any time.

            8. Accountability

              (a) Questions, Problems and Complaints.

              If you have a question about this policy statement, or a complaint about Tomofun compliance with this privacy policy, you may contact Tomofun by e-mail at support@furbo.com.

              (b) Terms of Use.

              If customer chooses to enter into a purchase order, customer's action is hereby deemed  acceptance of Tomofun practices described in this policy statement. Any dispute over privacy between customer and Tomofun is subject to the provisions of this policy and to Tomofun's  terms and Conditions of Use of Website Agreement which is hereby incorporated herein and which can be read at http://www.furbo.com/terms.

              Product Privacy Policy

              This privacy policy (the “Privacy Policy”) applies to the Furbo mobile application (the “App”), owned and operated by Tomofun, LLC (“Tomofun”, “we”, “us”, or “our”). We have created this Privacy Policy to inform you what information the App collects, how we use that information, and who we will share that information with, if at all. This Privacy Policy does not address the privacy practices of any third parties that we do not own, control, or are affiliated with.

              1. INFORMATION WE COLLECT OR RECEIVE

                In the course of operating the App, we will collect and/or receive the following types of information. You authorize us to collect and/or receive such information.

                (a) Personal Information. When you sign up to become a user or contact us, you will be required to provide us with certain personal information about yourself (collectively, the Personal Information). When you sign up to become a user, you will be required to provide us with your name and e-mail address. When you contact us, we only receive or collect additional information that identifies you personally if you choose to provide such personally identifiable information, such as physical address and phone number, to us via email or other means.

                (b) Hosting and Backend Infrastructure. We use Amazon Web Services (AWS), a hosting service and infrastructure provided by Amazon, to store certain encrypted data and files that enable the App to provide the services required by you and to perform specific functions of the App. 

                (c) Geolocational Information. Certain features and functionalities of the App are based on your location. In order to provide these features and functionalities while you are using your mobile device, we may, with your consent, automatically collect geolocational information from your mobile device or wireless carrier and/or certain third-party service providers (collectively, ”Geolocational Information”).  Collection of such Geolocational Information occurs only when the App is running on your device. You may decline to allow us to collect such Geolocational Information, in which case we will not be able to provide certain features or functionalities to you.

                (d) Other Information. In addition to the Personal Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of the App; your interactions with us and our advertising; and information regarding your computer and mobile devices used to access the App (collectively, the “Other Information”).  Such Other Information may include:

                    i. From You. Additional information about yourself that you voluntarily provide to us, such as your gender and your product and service preferences.

                    ii. From Your Activity. We may collect or receive information regarding:

                      A. IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or mobile device;
                      B. browser type and language;
                      C. referring and exit pages and URLs;
                      D. date and time; and
                      E. details regarding your activity on the App, such as search queries and other performance and usage data.

                    iii. About Your Mobile Device. We may collect or receive information regarding:

                      A. the type of mobile device you use;
                      B. advertising Identifier (“IDFA” or “AdID”);
                      C. operating system and version (e.g., iOS, Android or Windows);
                      D. the language settings in your mobile device;
                      E. your mobile service carrier; and
                      F. the network connection type (WiFi, 3G, 4G, LTE)

                    iv. From Cookies. We may use both session cookies, which expire once you close the App, and persistent cookies, which stay on your mobile device until you delete them and other technologies to help us collect data, provide our services, and to enhance your experience with the App. Cookies are small text files an app can use to recognize a repeat visitor to the app. We may use cookies for various purposes, including:

                A. provide the services required by you;
                B. personalize your experience;
                C. analyze which portions of the App are visited and used most frequently; and
                D. measure and optimize advertising and promotional effectiveness.
                If you do not want us to deploy cookies in the App, you can opt out by setting your mobile device to reject cookies. You can still use the App if you choose to disable cookies, although your ability to use some of the features may be affected.

                2. HOW INFORMATION IS USED AND SHARED

                (a) You authorize us to use the Personal Information, Geolocational Information, and the Other Information (collectively, the “Information”) to:
                    i. provide and improve our App;
                    ii. provide our services to you;
                    iii. administer our promotional programs;
                    iv. solicit your feedback; and
                    v. inform you about our products and services.
                (b) We engage third-party companies and individuals to perform functions on our behalf.  Examples may include providing technical assistance, customer service, marketing assistance, and administration of promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law
                (c) In an ongoing effort to better understand our users, the App, and our products and services, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the App and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the App and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.
                (d) 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.
                (e) As we develop our businesses, we might sell or buy businesses or assets.  In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
                (f) To the extent permitted by law, we may also disclose the Information:
                     i. when required by law, court order, or other government or law enforcement authority or regulatory agency; or
                    ii. whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.

                  3. ACCESSING AND MODIFYING INFORMATION AND COMMUNICATION PREFERENCES

                    If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us as set forth below. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. 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. You cannot opt out of receiving transactional e-mails related to the App (e.g., requests for support).

                    We may also deliver notifications to your mobile device (e.g., push notifications). You can disable these notifications by deleting the relevant service or by changing the settings on your mobile device.

                    4. HOW WE PROTECT YOUR INFORMATION

                      We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

                      5. IMPORTANT NOTICES TO NON-U.S. RESIDENTS

                        The App and its servers are operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the App, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

                        6. APP STORES; EXTERNAL WEBSITES

                          Your app store on iTunes or Google Play may collect certain information in connection with your use of the App, such as Personal Information, Payment Information, Geolocational Information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.

                          The App may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. Please check the applicable third-party privacy policy and terms of use when visiting any other websites.

                          7. CHILDREN

                            The App is not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13.

                            We ask that minors (under the age of 13) not use the App. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child should contact us and request that such information be deleted from our records.

                            8. CHANGES TO THIS PRIVACY POLICY

                              This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the App. By accessing the App after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

                              9. HOW TO CONTACT US

                                If you have questions about this Privacy Policy, please e-mail us at support@furbo.com with “Privacy Policy” in the subject line.

                                Last updated: Nov. 11, 2017

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