Privacy Policy

Effective as of September 10, 2012

Tomcoh Commerce, Inc. (the “Company”) is committed to protecting the privacy of individuals who visit the Company’s Websites (“Visitors”) and individuals who register to use the Services (“Customers”). This Privacy Policy describes the Company’s privacy practices in relation to the use of the Company’s Websites (as defined below) and the related applications and services offered by the Company (the “Services”).

1. Websites Covered

This Privacy Policy covers the information practices of the following websites that link to this Privacy Policy:;; and (collectively referred to as the “Company’s Websites”).

The Company’s Websites related to its Bynd platform, and (the “Bynd Websites”), enable customers to create websites and applications that run on the Bynd platform. When the Bynd Websites are posted by the Company, the sites will link to this Privacy Policy, and this Privacy Policy applies. When the Bynd Websites are posted by third parties, the privacy policy of the third party applies, and this Privacy Policy does not apply.

The Company’s Websites may contain links to other websites. The information practices or the content of such other websites is governed by the privacy policies of such other websites.

2. Information Collected

The Company may collect personal data from Visitors and Customers both online and offline. In many cases, such information will be collected directly from you, such as through a transaction or inquiry or your submission of a form, registration or communication to us. Information may also be gathered from third-party sources (including without limitation, opt-in lists, publicly available data, consumer reporting agencies, other companies and referrals) and through your activities and interactions with us. We may combine data collected from these disparate sources unless we tell you otherwise.

The Company collects personal data about its Visitors and Customers in a number of ways. The types of personal data typically collected by the Company may include the following, depending on your activities:

  • Contact information, including name, title, street address, postal code, country, telephone numbers, email address, company name, and other similar information.
  • Authentication information, including user IDs, log-in names, passwords, password reminders, etc. (in addition to other personal data such as contact information and the like).
  • Transactional information, including products or services you inquire about or request and payment information.
  • User content, including information provided when you use one of our online communities, forums or other online means of communications, and all other user submissions and content you provide.


3.  Additional Information

As you use the Company’s Websites or Services, some information can be “passively” collected using various technologies, such as cookies, web beacons and navigational data collection (clickstream, log files, server logs, etc.). Your Internet browser automatically transmits some of this information, such as the URL of the website you just visited and the Internet Protocol (IP) address and browser version currently being used by your computer. Such technologies help us to keep track of your interactions with our websites and services and provide you with a more customized experience, which may include referring/exit pages, platform type, date/time stamp, and number of clicks.

As is the case with many websites, the Company’s Websites and Services may use cookies and other automated information collection means. Cookies are information about you from the Company Websites that is stored on your browser or hard drive. We do not link the information we store in cookies to any personally identifiable information you submit while on a Company Website. Cookies save you time because you do not need to manually re-enter the information stored on your hard drive. Cookies also help us upgrade the Company’s Websites by showing when and how users use the website. You can set your browser to notify you when a cookie is sent or refuse cookies altogether, but certain features of the Company’s Websites might not work without cookies.

The use of cookies by our service providers are not covered by this Privacy Policy.  The Company does not have access or control over these cookies.

The Company’s Websites and Services may also use IP addresses for the same purposes identified above, as well as to analyze trends, administer the website, track users’ movements and gather broad demographic information for aggregate use.

The Company may use web beacons (also known as Internet tags or clear GIFs) on the Company’s Websites and Services to access and set cookies and otherwise help us to better understand how users are utilizing our websites. Information provided by the web beacon includes the computer’s IP address, the type of browser being used, and the time that the web beacon was viewed. The Company may also use web beacons in emails and newsletters so that the Company knows when such communications have been opened and to otherwise help tailor communications to individual users.

4. Use of Information Collected

The Company uses personal data about Visitors and Customers for a wide range of purposes. The Company uses it to respond to your requests (including requests for newsletter subscriptions, materials, support, etc.); to provide Services that you have ordered; to process your order transactions and contact you regarding your order; to provide materials you have requested; to invite and help you participate in a range of online and offline events and activities; to allow you to post information and other content online (including in response to other postings); to improve the Company’s Websites and Services; to follow up with you after you have communicated with the Company or submitted information to the Company; to send promotional communications or offers (unless you have requested that we not send such communications); for marketing and research purposes; for internal and/or external training, quality assurance, and other purposes (including, without limitation, call center recordings); to allow you to contact another person; for legal and contractual reasons; to address your interests and concerns; and as otherwise specified in this Privacy Policy and/or at the point of personal data collection. Here are some additional details on our use of the data we collect:

  • Conducting and following up on transactions.  The Company may use personal information such as name, title, street address, phone number, email address, title, and/or company name to conduct transactions with you, process your order, contact you about your order, etc.
  • Registration (memberships, accounts (i.e., log-ins and passwords, etc.)) and participation in online communities/provision of user-generated content. Customers may be given an opportunity to register for a variety of reasons, including to receive promotional communications/offers or to join or participate in an online community, blog or other interactive areas or to otherwise provide user-generated content (such as posting favorite photos/videos/audio recordings, providing testimonials, sharing experiences about the Services, etc.). Such activities may entail collection of name, title, contact information, user name and password, email address, experiences with the Services, and personal information/preferences related to the subject matter of the particular activity.
  • To contact the Company with questions, comment, or concerns.  The Company provides a number of ways for you to contact the Company to ask questions, provide comments or share concerns (i.e., via the “contact us” sections on the Company’s Websites or postal mail). Depending on the circumstances, the Company may collect your name, title, contact information, message type, case number (if tied to a previous issue), comments, and other types of data relevant to the specific situation.
  • To provide materials you request. The Company provides a number of ways for you to request materials, such as newsletters, blog/rss feeds, brochures, product literature and the like. The Company may collect and use contact name, title, contact information, demographic information, preferences and other information relevant to responding to your request.
  • For marketing purposes (unless you have told us otherwise). The Company may use your contact information to tell you about other products and services.


This list is for illustrative purposes only and should not be considered exhaustive.

5.  Sharing of Information Collected

The Company will only share your personal information with third parties in the ways that are described in this Privacy Policy.  The Company will not sell your personal information to third parties.

The Company may disclose personal data to our affiliates and partners and to consultants, service providers and contractors that we use to support our business and operations who have agreed to keep the information confidential and use it only to provide the applicable service(s).

The Company may also disclose personal data to third parties (including, without limitation, governmental agencies) if required to do so by law, regulation, or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others’) rights or property; to support any claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations. Likewise, we may disclose personal data to third parties in connection with the sale, assignment or other transfer of the Company, its business or the website to which such data applies. In the event that the Company goes through a business transition, such as a merger, acquisition by another company or sale of a portion of its assets, our Customers’ personal information may be part of the assets transferred. Customers will be notified via prominent notice on our website prior to a change of ownership or control of their personal information. If, as a result of the business transaction, your personally identifiable information will be used in a manner materially different from that stated at the time of collection, you will be notified consistent with our Privacy Policy.

The recipients of customers’ personal data, and more generally these disclosures, may be located in the United States or other jurisdictions that might not provide a level of protection equivalent to the laws in your jurisdiction. By submitting personal data to the Company, you consent to the transfer of such personal data outside your jurisdiction.

The Company may make full use of all information that is de-identified or otherwise not in personally identifiable form, including without limitation, user-generated content.

6. Communications Preferences

The Company offers Visitors and Customers who provide contact information a means to choose how the Company uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of the Company’s marketing emails. Additionally, you may send a request specifying your communications preferences Customers cannot opt out of receiving transactional emails related to their account with the Company or the Services.

7. Correcting and Updating Your Information

To keep personal data provided by you accurate, current and complete, please contact the Company as specified in the “Contact Us” section. The Company will take appropriate steps to update or correct such information in its possession or to delete your information from the Company’s contact list. The Company will respond to your request within 30 days.

The Company will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

8. Customer Data

Customers may electronically submit data or information to the Service for hosting and processing purposes (“Customer Data”). The Company will not review, share, distribute, or reference any such Customer Data, except as provided in the applicable subscription agreement, or as may be required by law. In accordance with the subscription agreement, the Company may access Customer Data only for the purpose of providing the Services, preventing or addressing service or technical problems, at a Customer’s request in connection with customer support matters, or as may be required by law.

9. Security

The Company takes appropriate steps to protect personal data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, whether in transmission or storage.  Please keep in mind, however, that there is no such thing as perfect security, and no Internet transmission is ever completely secure or error-free. Moreover, you are responsible for maintaining the confidentiality of any user name and password you use. If you have any questions about security on the Company’s Websites, you can contact the Company via the contact information below.

10. Changes to this Privacy Policy

The Company reserves the right to change this Privacy Policy. The Company will provide notification of the material changes to this Privacy Policy through the Company’s Websites prior to the change taking effect.  Be sure to check the Privacy Policy whenever you submit personal data.  Your continued use of the Company’s Websites or Services following the posting of any amendment to this Privacy Policy will constitute your acceptance of such amendment.

11.  California Privacy Rights

California Civil Code Section 1798.83 permits Customers who are California residents to request that the Company not share their personal data with third parties for such parties’ direct marketing purposes.  To make such a request, send an email with “California Privacy” in the subject line to or write to us at the address listed below.

12.  Contacting Us

If you have any questions or concerns regarding this Privacy Policy or the Company’s information practices, would like to update or correct information that you have provided or would like to opt out of future communications, please contact the Company at:

Tomcoh Commerce, Inc.

Attn: Privacy

122 2nd Ave, Suite 214

San Mateo, CA 94401

Or email


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