Legal

PRIVACY POLICY

TYKMA, INC.

THIS PRIVACY POLICY APPLIES TO YOU THE USER (“YOU” AND “YOUR”) AND YOUR ACCESS AND USE OF THE WEBSITE and THE servers, software, and components (COLLECTIVELY, the “WEBSITE”) provided AND OWNED OR LICENSED by TYKMA, INC., AN OHIO CORPORATION (“we” or “us” or “our”). BY ACCESSING OR USING THE WEBSITE, YOU acknowledge THAT YOU HAVE READ AND AGREED TO THIS PRIVACY POLICY, AND YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THIS PRIVACY POLICY.  IF YOU DISAGREE WITH ANY PART OF THIS PRIVACY POLICY, THEN DO NOT ACCESS OR USE THE WEBSITE.

We respect your privacy and are committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit the Website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

We may change this Privacy Policy at any time for any reason. Your continued use of the Website after we publish changes constitutes your acceptance of any changed terms.

What Kind of Information We Collect

Whether accessing and using the Website from a personal computer, smartphone, tablet, or other Internet-enabled device (each a “Device” and collectively the “Devices”), we and our Affiliates (defined below) may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • “Identity Data” such as your first name, last name, marital status, title, date of birth and gender.
  • “Contact Data” such as your billing address, delivery address, email address and telephone numbers.
  • “Technical Data” such as internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website.
  • “Usage Data” such as information about how you use the Website, our products, and our services.
  • “Marketing and Communications Data” such as your preferences in receiving marketing from us and your communication preferences.

We may also collect, use, and share “Aggregated Data”, such as statistical or demographic data, for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data under most laws as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy. Your Identity Data, Contact Data, Technical Data, Usage Data, Marketing and Communications Data, and Aggregated Data may be referred to collectively herein as “Your Data.”

We do not collect any special categories of personal data about you, such as details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, information about your health, and genetic and biometric data. Nor do we collect any information about criminal convictions and offenses.

We may collect Your Data directly from you when you provide it to us and or automatically as you use and navigate through the Website. To the extent we knowingly obtain certain legally protected information such as social security numbers, medical records/HIPAA protected information, or other similar information, whether such information is yours or that of a third party that was obtained from you, we will not use such information and destroy it immediately.

How We May Collect Your Data

We use different methods to collect Your Data including through:

  • Direct interactions. You may give us Your Data by filling in forms or by corresponding with us by post, phone, and email or otherwise. This includes personal data you provide when you:
    • apply for our products or services;
    • subscribe to our service or publications;
    • request for products and services information to be sent to you; or
    • give us feedback or contact us.
  • Automated technologies or interactions. As you interact with the Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We will collect this Technical Data by using cookies, server logs, and other similar technologies described below.
  • Third parties or publicly available sources. We may receive Your Data about you from various third parties such as:
    • analytics providers;
    • advertising networks; and
    • search information providers.
  • Contact, Financial and Transaction Data from providers of technical, payment, and delivery services.

Purposes for Which We May Use Your Data

We collect and use Your Data (defined below) only in ways that are fair and lawful. We collect and use only the personal data we say will collect and use, and only in the ways we say we will collect and use it. Under no circumstances will we use Your Data for anything else not described in this Privacy Policy.

We will only use Your Data when the law allows us to. Generally, we will use Your Data in the following circumstances:

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. “Legitimate interest” means the interest of our business in conducting and managing our business to enable us to give you the best services and products and the best and most secure experience. We consider and balance any potential impact on you (both positive and negative) and your rights before we process Your Data for our legitimate interests. We do not use Your Data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
  • Where we need to comply with a legal obligation.

More specifically, we may use Your Data to:

  • Process and manage your access to and use of the Website. The type of data collected includes Identity Data and Contact Data.
  • Respond to your inquiries or requests. The type of data collected includes Identity Data, Profile Data, Contact Data, and Marketing and Communications Data.
  • Create and deliver personalized promotions. The type of data collected includes Identity Data, Profile Data, Contact Data, and Marketing and Communications Data.
  • Manage our relationship with you, which may include communicating with you about the Website and/or your requests for information, and to update you about changes to the Website, this Privacy Policy, and other terms and conditions of use of the Website. The type of data collected includes Identity Data, Profile Data, Contact Data, and Marketing and Communications Data.
  • Further business purposes, such as to perform data analysis, audits, fraud monitoring and prevention; to enhance, improve or modify the Website; to identify usage trends; to determine the effectiveness of our promotional campaigns; and to operate and expand our business activities. The type of data collected includes Identity Data, Contact Data, Technical Data, Usage Data, and Aggregate Data.

You may review Your Data at any time by requesting it from us. You can correct factual errors in Your Data by notifying us. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections. By using the Website, you give us permission to use Your Data for the purposes stated in this Privacy Policy and according to the terms of this Privacy Policy.

How We May Disclose Your Data

Your privacy is very important to us. We generally will not disclose Your Data to anyone, except in the following circumstances:

  • Service Providers. We may disclose Your Data to third-party service providers who provide us with services such as website hosting, professional services, including information technology services and related infrastructure, customer service, email delivery, auditing and other similar services.
  • We may disclose Your Data to our Affiliates for the purposes described in this Privacy Policy, including for marketing purposes. “Affiliates” are those companies that are majority-owned by, or under common majority control with, us.
  • To Perform Services You Request. We may disclose Your Data to third parties in order to perform services you request or functions you initiate.
  • Corporate Transactions or Events. We may disclose Your Data to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets, membership interests, or stock, including in connection with any bankruptcy or similar proceedings.
  • Legal Reasons. We may use or disclose Your Data as we deem necessary or appropriate: (a) pursuant to applicable law, including laws outside your country or state of residence; (b) to respond to requests from public and government authorities including public and government authorities outside your country or state of residence; (c) to comply with subpoenas and other legal processes; (d) to pursue available remedies or limit damages we may sustain; (e) to protect our operations or those of any of our Affiliates; (f) to protect the rights, privacy, safety or property of us, our Affiliates, you, and others; and (g) to enforce this Privacy Policy.
  • Other Reasons. Similarly and except as otherwise stated or limited in this Privacy Policy, we generally may use Your Data for any purpose not prohibited by law.  In particular, we may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all other information, provided that such information does not personally identify you beyond how you are identified by use of the Website.

We have put in place appropriate security measures to prevent Your Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to Your Data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process Your Data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

What We Do Not Intend to Do With Your Data

We do not knowingly allow our third-party service providers to use Your Data for their own purposes and only permit them to process Your Data for specified purposes and in accordance with our instructions.

Notwithstanding anything in this Privacy Policy to the contrary, we will not knowingly provide Your Data to any person, company, association, or organization who we know or have reason to believe has violated, is violating, or will violate the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003, the Children’s Online Privacy Protection Act or any other similar Federal or state law.

We, and many of our third-party service providers, control and operate our business and the Website from within the United States of America. Therefore, Your Data may be transferred out of your home country or region if you are not located within the United States of America. Once Your Data is received by us, we do not intend to and will now knowingly transfer Your Data outside of the United States of America, except as may be necessary to return it to you or to comply with applicable law. Our privacy practices are governed by the laws of the United States of America and the State of Ohio, which may differ from privacy laws in your state or home country or territory.

Choices About How We Use and Disclose Your Data

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over Your Data:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly.
  • Disclosure of Your Data for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by sending us an email stating your request to [email protected].
  • Promotional Offers from the Company. If you do not wish to have your email address/contact information used by us to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to us as a result of a product purchase, warranty registration, product service experience or other transactions.
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email stating your request to [email protected].

How We Protect Your Data

We have implemented reasonable safeguards designed to prevent loss, misuse and unauthorized access, disclosure or modification of Your Data provided or collected through the Website. Your Data can never be 100% secure and you should always take appropriate security measures to protect Your Data. If you believe that any information you provided to us is no longer secure, please notify us immediately. Please be advised that when you post information in a public forum it becomes public information.

Technical Data and Cookies

Whenever you use a website, mobile application, or other internet service, certain information is created and retained by the website or application. This happens with the Website as well. We collect technical information that does not personally identify you when you use our Website, or information that has been made anonymous, such as Technical Data.

The technologies we use for automatic data collection may include:

  • Cookies. A “cookie” is a small text files placed in your Devices’ browser directories to store information about your activities online.  A cookie will typically contain the name of the domain (internet location) from which the cookie has come, the lifetime of the cookie, and a value, usually a randomly generated unique number. We may use cookies so that we can operate and improve the Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or “Flash cookies”) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of the Website may contain small electronic files known as “web beacons” (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have the Website and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

If you do not wish to receive cookies or wish to manage cookies in general, you must configure your browser settings, if available, on your Device. Although you are not required to accept cookies, if you set your Device’s browser to reject cookies, you may not be able to use all of the features and functionality of the Website. If you block or otherwise reject cookies, you may lose some of the functionality of the Website.

Some content or applications on the Website may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. Such third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Your Consent

By using the Website, you consent to our using and sharing Your Data as described in this Privacy Policy. You may withdraw your consent at any time. When you give us your consent, you are giving us permission to process Your Data specifically for the purposes identified. If and when we ask you for additional personal data, we will always tell you why and how such information will be used. You may withdraw consent at any time by sending an email or a letter to us at the addresses set forth below.

Retaining and Deleting Your Data

We retain certain information, including transaction, location, device and usage information, for a minimum of seven (7) years in connection with regulatory, tax, insurance and other requirements. Once such information is no longer necessary to provide the Website, enable customer support, enhance the user experience or serve other operational purposes, we take steps to prevent access to or use of such information for any purpose other than compliance with these requirements or for purposes of safety, security and fraud prevention and detection.

You may request deletion of Your Data at any time by contacting us. Following such request, we delete the information that we are not required to retain. If we are unable to delete Your Data for any reason (for example, if there is an unresolved claim or dispute), we will delete Your Data once the issue is resolved.

Social Networking And Third Party Sites

The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

Choice of Law, Jurisdiction

Subject to the following section, this Privacy Policy is governed by the laws of the State of Ohio and of the United States of America without regard to conflict of laws rules. You irrevocably consent to the exclusive jurisdiction of the state and federal courts in Franklin County, Ohio for purposes of any legal action arising out of or related to the use of the Website or this Privacy Policy.

Special Information for European Union (“EU”) Users

Beginning May 25, 2018, the processing of personal data of users in the EU is subject to the EU General Data Protection Regulation (the “GDPR”). If you use the Website in the EU, this section provides information as relates to your rights, and our responsibilities, under the GDPR. Under the GDPR, we are your “controller.” To exercise any of the rights described in this section, please see below or submit your request to [email protected]. The rights and obligations described under this Section are in addition to, and not in lieu of, any other rights or obligations described elsewhere in this Privacy Policy.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our data privacy manager using the details set forth below. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.

Explanation and Copies of Your Data

  • You have the right to request an explanation of the information that we have about you and how we use that information.
  • You also have the right to receive a copy of the information that we collect about you if collected on the basis of consent or because we require the information to provide the Website or other services that you request.

Access and Correction

  • You have the right to request access to Your Data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data of yours that we hold and to check that we are lawfully processing Your Data.
  • If we have information about you that you believe is inaccurate, you have the right to request correction of Your Data.

Deletion and Erasure

  • You have the right to be forgotten. This right is also known as the “right to erasure.” It is your right to have Your Data erased or the right to prevent processing in specific circumstances. Please see “Retaining and Deleting Your Data” above. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • You will not have to pay a fee to access Your Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

Portability

  • You have the right of data portability. This right allows you to move, copy or transfer Your Data from one place to another in a secure manner without interrupting the integrity and usability of Your Data.

Restriction

  • You have the right to request restriction of processing of Your Data. This enables you to ask us to suspend the processing of Your Data in the following scenarios:
  • If you want us to establish the data’s accuracy.
  • Where our use of Your Data is unlawful but you do not want us to erase it.
  • Where you need us to hold Your Data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of Your Data but we need to verify whether we have overriding legitimate grounds to use it.

Objections and Complaints

  • You have the right to object to our processing of personal data, including for marketing purposes based on profiling and/or automated decision making. We may continue to process Your Data notwithstanding the objection to the extent permitted under the GDPR.
  • You may also have the right to file a complaint relating to our handling of Your Data with the Autoriteit Persoonsgegevens, the Dutch Data Protection Authority. Their contact information is as follows:

Autoriteit Persoonsgegevens

Postbus 93374

2509 AJ DEN HAAG

(+31) – (0)70 – 888 85 00

To exercise any of the above rights, please contact us. You may also submit questions, comments or complaints to our data privacy manager.

Use and Processing of Your Data

The GDPR requires that companies processing the personal data of EU users do so only with specific legal grounds. As described below, we process the information of EU users based on one or more of the grounds specified under the GDPR:

  • To provide the websites and features you request. We must collect and use certain information in order to provide the Website to you. This includes usage information, which is necessary to maintain, optimize and enhance the Website.
  • To protect the vital interests of our users or of others. We may process Your Data, including disclosure to law enforcement authorities, in case of threats to the safety of users or of others.
  • For our legitimate interests. We collect and use Your Data to the extent necessary for our legitimate interests. Please see “Purposes for Which We May Use Your Data” above.
  • For the legitimate interests of other persons or parties. We collect and use Your Data to the extent necessary for the interests of other persons or the general public. This includes sharing information in connection with legal or insurance claims, to protect the rights and safety of others. We may also process Your Data when necessary in regards to a substantial public interest, on the basis of applicable laws.
  • To fulfill our legal obligations. We are subject to legal requirements in the jurisdictions in which we operate that may require us to collect, process, disclose and retain Your Data. For example, some record keeping laws may require us to keep Your Data for several years.

Consent

  • We collect and use Your Data on the basis of your consent.
  • You may revoke your consent at any time by contacting us at [email protected].
  • If you revoke your consent, you will not be able to use the Website or any feature that requires collection or use of the information we collected or used on the basis of consent.
  • We rely on consent in connection with data collections or uses that are necessary to enhance the user experience, to enable optional services or features, or to communicate with you.
  • You have the right to withdraw previously provided consent for our processing of Your Data.

Arbitration

NOTWITHSTANDING ANYTHING IN THIS PRIVACY POLICY TO THE CONTRARY AND TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AND US AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and us (and/or our agents, employees, members, officers, directors, principals, successors, assigns, and/or Affiliates) arising from or relating to this Privacy Policy and its interpretation or the breach, termination or validity thereof, the relationships which result from this Privacy Policy, including disputes about the validity, scope or enforceability of this arbitration provision will be settled by binding arbitration in Franklin County, Ohio administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least thirty (30) days’ advanced written notice of its intent to file for arbitration. We will provide such notice by email to your email address on file with us and you must provide such notice by email with “Legal Dispute” appearing in the subject line. During such 30-day notice period, you and us will endeavor to settle amicably by mutual discussions any disputes.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees and expenses associated with the arbitration that we have paid.

The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which you and we hereby waive, and the arbitrator will apply applicable law and the provisions of this Privacy Policy. You and we agree that any dispute will be submitted to arbitration on an individual basis only. Neither US nor you are entitled to arbitrate any Dispute as a class, representative, or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative, or private attorney general basis. If any provision of these arbitration provisions is found to be unenforceable, the unenforceable provision(s) will be severed and the remaining arbitration terms will be enforced. Notwithstanding the foregoing, in no case will there be a class, representative, or private attorney general arbitration. Regardless of any statute or law to the contrary, notice of any claim arising from or related to this Privacy Policy must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, this Privacy Policy and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C.§§ 1-16.

Severability

If any provision in this Privacy Policy is deemed invalid, void, or for any reason unenforceable by a court of competent jurisdiction, such provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions of this Privacy Policy.

California Rights.

Under California Civil Code sections 1798.83-.84, California residents who have established a business relationship with us may request from us a notice describing what categories of personal information we share with third parties or affiliates for those third-parties or corporate affiliates’ direct marketing purposes. Such notice will identify the categories of information that we shared and will include a list of the third parties and affiliates with whom the information was shared, including their names and addresses. If you are a California resident and would like a copy of this notice, you must submit a written request to us. We will respond within 30-60 days.

Children’s Online Privacy

We strongly believe in the importance of protecting the privacy of children. We will not knowingly collect any personally identifiable information from children under eighteen (18) years of age. When you disclose Your Data to us, you are representing to us that you are at least eighteen (18) years of age. If a child under eighteen (18) years of age has provided us with personally identifiable information through the Website, we request that a parent or guardian email us at [email protected] and we will delete the child’s information from our records.

International

This English-language Privacy Policy is our official statement of our privacy practices. In case of any inconsistency between this English-language Privacy Policy and its translation into another language, this English-language document prevails.

Contact Us

To contact us or give us a notice regarding any matter described in this Privacy Policy or otherwise relating to the Website, you must send it by electronic mail or first-class post to:

TYKMA, Inc.

Attn: ____________________

P.O. Box 917

370 Gateway Dr.

Chillicothe, Ohio 45601

Email: [email protected]

Our routine communications regarding the Website and legal notices will be posted on the Website. Notices are deemed received as of the time posted or delivered, or if that time does not fall within a Business Day, as of the beginning of the first Business Day following the time posted or delivered. For purposes of counting days for notice periods, the Business Day on which the notice is deemed received counts as the first day. Notices must be given in the English language. “Business Day” means any day other than Saturday, Sunday, and U.S. Federal holidays.

Reservation of Rights

All rights not expressly granted herein are reserved by us.