Privacy Policy

February 27, 2019

To: Employer Clients

By accessing or using our Site and Services, you agree to abide by this Privacy Policy.

Note to Employees: If you are an employee of a client that uses the Tyfoom services, this privacy policy applies to you only indirectly, through your employer. Please refer to your employer’s privacy policy, which applies to the collection, use, processing and retention of your personal information. Individual employees of our clients who seek access to their data, or who seek to correct, amend, or delete inaccurate data should direct their requests to their employers who are Tyfoom’s clients. Tyfoom’s clients can update, modify and remove personal information and data as necessary and appropriate and as required or dictated by law.

TYFOOM IS REQUIRED TO STORE INDIVIDUAL TRAINING AND COMMUNICATION DATA. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE OUR SITE OR SERVICES.

Please read the information below:

1. How and why we collect Information about you

2. Where we store data

3. How we use your information

4. Disclosure of your Information

5. Updating or correcting your Personal Data

6. Canceling your account or deleting your Personal Data

7. Choices regarding control of your Personal Data

8. Information related to data collected through the Tyfoom service

9. Data Security

10. Cookies

11. Mobile Analytics

12. Direct Marketing

13. Changes to this Privacy Policy

14. How do you contact us?

1. HOW AND WHY WE COLLECT INFORMATION ABOUT YOU

We collect several types of information about visitors and/or users of our Services. We may collect this information either directly when you provide it to us or automatically as you navigate through the Websites or App.

We will collect and process your personal data when your Company signs up for our Services. We will also collect and process your personal data when you register for a Service/create an account, subscribe to a newsletter, submit feedback, enter a contest, fill out a survey, or send us a communication. When you or your Company orders products or services on our Websites or Apps, you or your Company may also be asked to provide a credit card number and other payment-related information. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity or use our Services.

We also collect your Internet Protocol (‘IP’) address and/or location. We use your IP address to diagnose problems with our servers and/or software, and/or to administer our Services and to gather demographic information. We use your location to verify training attendance and other services.

We may collect certain information that does not by itself identify a specific individual. Such information tells us about your equipment, browsing actions, the resources that you access and use through the Services, such as your operating system and browser type. We use analytics and similar services to help us to deliver a better and more personalized service to users by enabling us to estimate usage patterns, customize our Services according to your individual preferences, and speed up your searches.

When you download our App and use our Services, we automatically collect information on the type of device you use and the operating system version, so we know the best version of the application to provide to you. We do ask you for, and require, access to your location while using our Services.

When you contact us for customer support, we may collect additional information to resolve your issue.

2. WHERE WE STORE DATA

By submitting your personal data, you agree to the transfer, storing and processing of your data in the United States. We will take all reasonable and appropriate steps to ensure that your data is securely stored in accordance with this Privacy Policy and in accordance with applicable laws.

3. HOW WE USE YOUR INFORMATION

We use information held about you in the following ways:

• To present content from our Services in an effective manner for you and for your computer or mobile device

• To provide you and our employer clients with information, products or services that you request from us or which we feel may interest you

• To carry out our obligations arising from any contracts entered into between our employer client, you and us, including for billing and collection

• If you pay for Services using a credit card, we will transmit your credit card data to the appropriate credit card company and/or credit card payment processing company

• To allow you to participate in interactive features of our Services, when you choose to do so

• To contact you about our Services

• In any other way we may describe when you provide the information or when we prompt you regarding a new use of information about you.

4. DISCLOSURE OF YOUR INFORMATION

We will share your personal data with third parties only in the ways that are described in this Privacy Policy. We do not sell, trade, rent or disclose your information to others, except as provided herein:

We provide and support some of our Services through contractual arrangements with service providers and other third parties. We and our service partners use your Personal Data to operate our Websites and to deliver Services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on our Websites. In addition, we provide order information to third parties that help us deliver the Services.

We will also disclose Personal Data in the following circumstances: (i) if it is required by law enforcement or judicial authorities, or to cooperate with a law enforcement investigation; (ii) if we have a good faith belief that we are required or permitted to do so by law or legal process; (iii) to protect our rights, reputation, property or the safety of us or others; (iv) to defend or enforce our rights or your obligations; (v) if the disclosure is required by mandatory professional standards; (vi) to a third party with your prior consent to do so; or (vii) if we are under a duty to disclose or share your Personal Data in order to enforce or apply any contracts or agreement that may exist between you and us including this Privacy Policy, our Terms & Conditions, and our Saas Services Agreement. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

In the event that Tyfoom decides to sell all or part of its stock or assets or enter into a merger, we reserve the right to include your data, including Personal Data among the assets transferred to the acquiring or surviving company.

Tyfoom reserves the right to use Personal Data received from its employer clients in the performance of the Services. Tyfoom also reserves the right to disclose Personal Data in a a de-identified form in connection with its business.

All data that is based on or derived from your Personal Data as part of the Services shall be owned by Tyfoom.

Personal Data may be modified and/or deleted after use upon written request and upon approval from the employer client.

5. UPDATING OR CORRECTING YOUR DATA

You may change your Personal Data associated with your account online or on our App by logging into your Account.

You may also access and correct your personal information by submitting a data request through Customer Support or by writing to us at the addresses at the end of this Privacy Policy.

6. CANCELING YOUR ACCOUNT OR DELETING PERSONAL DATA

Your Company may choose to let your subscription lapse, in which case you may elect to have your information deleted. In order to delete your Personal Data, Tyfoom requires a written request and the approval of the employer client. If you are using an enterprise-provided account, the data related to your learning activities will be retained for the period of time specified under the agreement between Tyfoom and your enterprise sponsor. If you would like to access the information that we have about your use of and access to Tyfoom Services, please submit a data request through Customer Support or by writing to us at the addresses at the end of this Privacy Policy. Fees may apply.

7. CHOICES REGARDING CONTROL OF YOUR PERSONAL DATA

You can access some of the information that we collect about you. For example, by logging into your account, you can access information regarding recent training and activities related to the Services; and certain Personal Data we maintain about you. If corrections need to be made to the Personal Data, the employer client can make those corrections.

With respect to your communications preferences, you can unsubscribe from newsletters by following the instructions included in the newsletter you receive. Occasionally we may send out emails concerning website disruptions.

You also have choices with respect to cookies. By modifying your browser preferences, you may be able to choose to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, some parts of our Websites may not work properly.

8. INFORMATION RELATED TO DATA COLLECTED THROUGH THE TYFOOM SERVICE

For certain services, we collect information under the direction of our employer clients (e.g., an entity that subscribes to the Services for use by the entity’s personnel). In this respect, we act as a data processor under applicable laws. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, fulfill our obligations under those agreements with the data controllers, comply with our business needs, conduct business surrounding the Services and as required by law.

9. DATA SECURITY

Access by you to your account is available through a password and/or unique user name selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone, that you change your password often using a combination of letters and numbers, and that you ensure you use a secure web browser. We cannot be held accountable for insecurity that results from your own neglect to safeguard the secrecy of your password and username. If you share a computer or mobile device with anyone, you should always log out of your account after you are finished, in order to prevent access to your information from subsequent users of that computer.

Please notify us at Customer Support as soon as possible if your username or password is compromised.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% safe and secure. As a result, while we strive to protect your Personal Data, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed and we shall have no liability to you or any third party for loss, misuse, disclosure or alteration of such information; and (c) any such information and data may be viewed or tampered with in transit by a third party.

In the unlikely event that we believe that the security of your Personal Data in our control may have been compromised, we will try to notify our employer client as soon as possible, but not later than 72 hours. The employer client will notify you. To the extent we have your e-mail address, we may notify you by e-mail and you consent to our use of email as a means of such notification. If you prefer for us to use another method to notify you in this situation, please email Customer Support with the alternative contact information you wish to be used.

10. COOKIES

Your web browser offers so-called “cookies” which, if you allow their use, store small amounts of data on your computer when you visit a website. Cookies do not contain any Personal Information about you and therefore cannot be used to identify you personally. However, cookies assist us in tracking which of our features you like best. Therefore, cookies enable us to customize our content according to your preferences. You have the ability to accept or decline cookies by modifying your browser settings. Our Sites are viewable even if you disable the cookie function on your browser. However, if you disable cookies, some advanced and customized features may not be available to you.

11. MOBILE ANALYTICS

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your mobile device. This software may record information such as how often you use the App, the events that occur within the App, aggregated usage, performance data, and where the App was downloaded from.

12. DIRECT MARKETING

We currently do not share personal data with third parties for their direct marketing purposes without your permission.

13. CHANGES TO THIS PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page (with a notice that the Privacy Policy has been updated on the Websites or Apps). The date the Privacy Policy was last revised is identified at the top of the page. Our employer clients are responsible for ensuring that Tyfoom has an up-to-date active and deliverable email address for each user of its Services. Clients and users are encouraged to review the Company Websites and this Privacy Policy to check for any changes.

Your continued use of the Services after such modifications will constitute your agreement to the updated terms of the modified Privacy Policy.

14. HOW DO YOU CONTACT US

If you have questions regarding this Policy, or complaints, please first contact Tyfoom online. You can also reach us by email through Customer Support or physical mail at the addresses below.

If you are in the United States:

Tyfoom LLC

224 South Main Street, #501

Springville, UT 84663

USA

Telephone: 801-717-1231