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Published: 11 December 2020

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California Consumer Privacy Act (CCPA)

Updated September 10, 2020

Overview

The California Consumer Privacy Act of 2018 (“CCPA”) becomes effective on January 1, 2020 and creates a variety of privacy rights for California consumers. We share the same information about our practices with everyone but use this notice to make disclosures required by the CCPA.

This notice includes the following parts:

Transparency: Tarmin is transparent about how personal information is collected, used & shared.

Control: Tarmin puts the customer in control of their personal information, including accessing and deleting personal information.

Benefits: Tarmin uses personal information to benefit the Customer and improve their experience.

To learn more about Tarmin's privacy policy visit www.tarmin.com/privacy.

Transparency

What Personal Information We Collect

Customers have the right to know what kinds of personal information Tarmin is collecting and our business purposes for that collection.

Tarmin collects data from customers through interactions with the customer and through products. Customers provide some of this data directly, and Tarmin gets some of it by collecting data about interactions, use, and experiences with our products. The data we collect depends on the context of the customers interactions with Tarmin and their choices, including privacy settings and the products and features being used. Tarmin also obtains data from third parties.

Customers have choices when it comes to the technology they use and data they share. When Tarmin asks customers to provide personal data, they can decline. Many of our products require some personal data to provide you with a service. If the customer chooses not to provide data required, the customer cannot use that product or feature. Likewise, where Tarmin needs to collect personal data by law or to enter into or carry out a contract, and the customer does not provide the data, Tarmin will not be able to enter into the contract; or if this relates to an existing product the customer is using, Tarmin may have to suspend or cancel it. Tarmin will notify the customer if this is the case at the time. Where providing the data is optional, and the customer chooses not to share personal data, features like personalization that use such data will not work.

How We Use Your Personal Information

Customers have the right to know how personal information is obtained, how it is used, and our business purposes for that use. Tarmin uses the data collected to provide customers with rich, interactive experiences. In particular, Tarmin uses data to:

• Provide products, which includes updating, securing, and troubleshooting, as well as providing support. It also includes sharing data, when it is required to provide the service or carry out the transactions requested
• Improve and develop our products
• Personalize products and make recommendations
• Advertise and market products, which includes sending promotional communications, targeting advertising, and presenting relevant offers

Tarmin also uses the data to operate our business, which includes analyzing performance, meeting legal obligations, developing workforce, and doing research.

In carrying out these purposes, Tarmin combines data collected from different contexts or obtain from third parties to give customers a more seamless, consistent, and personalized experience, to make informed business decisions, and for other legitimate purposes.

How We Share Your Personal Data

Customers have the right to know if their personal information is shared with any third parties. Tarmin may share personal information to have Service Providers, as defined by the CCPA, perform services specified by written contract. In addition, Tarmin may share personal information with third parties for other notified purposes, as permitted by the CCPA. Tarmin shares customer personal data with consent or to complete any transaction or provide any product customers have requested or authorized. Tarmin also shares data with Tarmin-controlled affiliates and subsidiaries; with vendors working on Tarmin’s behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect the rights and property of Tarmin and its customers.

We Do Not Sell Your Personal Information

Customers have the right to know whether their personal information is being sold. Customers personal information is sold when it is shared with a third party for monetary or other valuable consideration for a purpose that is not a “business purpose” as set forth in the CCPA.

Control

Right to Know, Right to Receive, Right to Delete

Customers have the right to:

• Know what specific pieces of personal information Tarmin has collected and retained about you over the previous 12 months.
• Receive a copy of your personal information.
• Delete your personal information.

Tarmin makes it easy for you to exercise your rights. If you want to control personal data processed by Tarmin, please contact us at www.tarmin.com/Contactus. Tarmin may ask to verify your identity or the identity of your authorized agent before proceeding.

Right to “Opt-Out” of “Sale”

Tarmin does not sell your personal information, so we do not offer an opt out.

Benefits to You

Non-Discrimination

The CCPA prohibits businesses from discriminating against you for exercising your rights under the law. Such discrimination may include denying a good or service, providing a different level or quality of service, or charging different prices. The CCPA permits businesses to provide differing levels or quality or different prices where the business can demonstrate that the difference is reasonably related to the value to the business of the consumer’s personal information.

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Written by Super User

Category: Horizontal Menu

Published: 11 December 2020

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Tarmin Service Terms

Updated September 10, 2020

The Service Terms below govern the Customer’s use of the Services. Capitalized terms used in these Service Terms but not defined below are defined in the Tarmin Master Services Agreement or other agreement with Tarmin governing the Customer’s use of the Services (the “Agreement”). For purposes of these Service Terms, “the Customer’s Content” includes any “Company Content” and any “Customer Content,” and “Tarmin Content” includes “Tarmin Properties.”

1.0 Service Terms

1.1. The Customer may not transfer outside the Services any software (including related documentation) the Customer obtains from Tarmin or third-party licensors in connection with the Services without specific authorization to do so.

1.2. The Customer must comply with current technical documentation applicable to the Services (including applicable developer guides) posted on the Tarmin Site.

1.3. The Customer will provide information or other materials related to the Customer’s Content (including copies of any client-side applications) as reasonably requested by Tarmin to verify the Customers compliance with the Agreement. The Customer will reasonably cooperate with Tarmin to identify the source of any problem with the Services that Tarmin reasonably believes may be attributable to the Customer’s Content or any end user materials that the Customer controls.

1.4. In connection with the Customer’s use of the Services, the Customer is responsible for maintaining licenses and adhering to the license terms of any software the Customer runs. If Tarmin reasonably believes any of the Customer’s Content violates the law, infringes or misappropriates the rights of any third party, or otherwise violates a material term of the Agreement (including the documentation, the Service Terms, or the Acceptable Use Policy) (“Prohibited Content”), Tarmin will notify the Customer of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If the Customer does not remove or disable access to the Prohibited Content within 2 business days of Tarmin’s notice, Tarmin may remove or disable access to the Prohibited Content or suspend the Services to the extent Tarmin is not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, Tarmin may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services or in accordance with applicable law or any judicial, regulatory or other governmental order or request. In the event that Tarmin removes the Customer’s Content without prior notice, Tarmin will provide prompt notice to the Customer unless prohibited by law. Tarmin terminates the accounts of repeat infringers in appropriate circumstances.

1.5. The Customer will ensure that all information they provide to Tarmin via the Tarmin Site (e.g., information provided in connection with the Customer’s registration for the Services, requests for increased usage limits) is accurate, complete, and not misleading.

1.6. From time to time, Tarmin may apply upgrades, patches, bug fixes, or other maintenance to the Services and Tarmin Content (“Maintenance”). Tarmin agrees to use reasonable efforts to provide the Customer with prior notice of any scheduled Maintenance (except for emergency Maintenance), and the Customer agrees to use reasonable efforts to comply with any Maintenance requirements that Tarmin notifies the Customer about.

1.7. If the Customer’s Agreement does not include a provision on Tarmin Confidential Information, and the Customer and Tarmin do not have an effective non-disclosure agreement in place, then the Customer agrees to not disclose Tarmin Confidential Information (as defined in the Agreement), except as required by law.

1.8. The Customer may perform benchmarks or comparative tests or evaluations (each, a “Benchmark”) of the Services. If the Customer performs, discloses, directs or permits any third party to perform or disclose, any Benchmark of any of the Services, the Customer (i) will include in any disclosure, and will disclose to Tarmin, all information necessary to replicate such Benchmark, and (ii) agree that Tarmin may perform and disclose the results of Benchmarks of the Customer’s products or services, irrespective of any restrictions on Benchmarks in the terms governing the Customer’s products or services.

1.9. Only the applicable Tarmin Contracting Party (as defined in the Agreement) will have obligations with respect to each Tarmin account. Invoices for each account will reflect the Tarmin Contracting Party that is responsible for that account during the applicable billing period.

If, as of the time of a change of the Tarmin Contracting Party responsible for the Customer’s account, the Customer has made an up-front payment for any Services under such account, then the Tarmin Contracting Party the customer paid such up-front payment to may remain the Tarmin Contracting Party for the applicable account only with respect to the Services related to such up-front payment.

1.10. When the Customer uses a Service, the Customer may be able to use or be required to use one or more other Services (each, an “Associated Service”), and when the Customer uses an Associated Service, the Customer is subject to the terms and fees that apply to that Associated Service.

1.11. If the Customer processes the personal data of End Users or other identifiable individuals in the Customer’s use of a Service, the Customer is responsible for providing legally adequate privacy notices and obtaining necessary consents for the processing of such data. The Customer represents to Tarmin that they have provided all necessary privacy notices and obtained all necessary consents. The Customer is responsible for processing such data in accordance with applicable law.

1.12. If the Customer has been charged for a Service for a period when that Service was unavailable (as defined in the applicable Service Level Agreement for each Service), the Customer may request a Service credit equal to any charged amounts for such period.

1.13. If the Customer is subject to the French Politique générale de sécurité des systems d’information de santé (PGSSI-S), the Customer agrees that their use of the Services complies with the PGSSI-S.

1.14. Data Protection.

1.14.1 Tarmin and The Customer acknowledge that European Data Protection Law will apply to the processing of Customer personal data if, for example (a.) the processing is carried out in the context of the activities of an establishment of Customer in the territory of the EEA or the UK; and/or (b.) the Customer Personal Data is personal data relating to the data subjects who are in the EEA or the UK and the processing relates to the offering to them of goods or services in the EEA or the UK, or the monitoring of their behavior in the EEA or the UK.

1.14.2 Application of Non-European Law, Tarmin and The Customer acknowledge that Non-European Data Protection Law may also apply to the processing of Customer Personal Data.

1.14.3 Application of Terms. Except to the extent of these Terms state otherwise, these Terms will apply irrespective of whether European Data Protection Law or Non-European Data Protection Law applies to the processing of Customer Data.

1.14.4 These Service Terms supplement the Agreement with the terms in this Section 1.14.4 (“CCPA Terms”) when the California Consumer Privacy Act of 2018 (“CCPA”) applies to the Customer’s use of the Services to process “personal information” (as defined in CCPA) that is uploaded to the Services under the Customer’s Tarmin accounts (“Personal Information”). Tarmin agrees and certifies that Tarmin will not: (a) retain, use, or disclose Personal Information except as permitted in the Agreement and under CCPA; or (b) sell Personal Information. These CCPA Terms do not limit or reduce any other data privacy commitments Tarmin makes to the Customer in the Agreement.

1.15. Following closure of the Customer’s Tarmin account, Tarmin will delete the Customer’s Content in accordance with the Documentation.

1.16. Payment Currency

1.16.1 Tarmin may provide a Service that enables payment in certain currencies (“Payment Currency”) other than United States dollars when the Customer purchases certain Services from Tarmin (the “Currency Service”). When the Customer purchases Services in certain countries outside of the United States, Tarmin may require the Customer, because of currency controls or other factors, to use the Currency Service. When using the Currency Service, the Customer is not tendering payment in one currency and receiving from Tarmin another currency.

1.16.2 When the Customer uses the Currency Service, Service fees and charges will automatically be invoiced in the Payment Currency. The Customer must pay invoices in the currency specified on each invoice, but, for credit card or debit card purchases, the Customer may only make payments in currencies supported by the issuer of the card. If the issuer of the credit card or debit card does not support the required Payment Currency, the Customer must use a different payment method that does support paying in the Payment Currency.

1.16.3 Tarmin fees and charges for the Customer’s use of the Currency Service, if any, are included in the exchange rate applied to the Customer’s invoice (the “Applicable Exchange Rate”). Third-parties, such as the Customer’s bank, credit card issuer, debit card issuer, or card network, may charge additional fees. The Applicable Exchange Rate is determined at the time the Customer’s invoice is generated and, for invoices covering usage of Services over a period of time, will apply to all usage and Service charges listed on that invoice.

1.16.4 All refunds processed against an invoice will be provided in the currency in which the invoice was generated and reflected as a credit memo or a payment in the Customer’s Payment Currency.

1.16.5 The Customer agrees that by using the Currency Service, information related to payment, including name and address, may be used by Tarmin’s banking partners to process payments in jurisdictions other than the United States.

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Written by Super User

Category: Horizontal Menu

Published: 11 December 2020

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Tarmin Acceptable Use Policy

Updated September 10, 2020

This Acceptable Use Policy (this “Policy”) describes prohibited uses of the web services offered by Tarmin, Inc. and its affiliates (the “Services”) and the website located at https://tarmin.com (the “Tarmin Site”). The examples described in this Policy are not exhaustive. Tarmin may modify this Policy at any time by posting a revised version on the Tarmin site. By using the Services or accessing the Tarmin site, the Customer agrees to the latest version of this Policy. If the Customer violates the Policy or authorizes or helps others to do so, we may suspect or terminate the Customer’s use of the Services.

No Illegal, Harmful, or Offensive Use or Content

The Customer may not use, or encourage, promote, facilitate or instruct others to use, the Services or Tarmin Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:

• Illegal, Harmful or Fraudulent Activities - Any activities that are illegal, that violate the rights of others, or that may be harmful to others, Tarmin operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
• Infringing Content - Content that infringes or misappropriates the intellectual property or proprietary rights of others.
• Offensive Content - Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
• Harmful Content - Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

No Security Violations

The Customer may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

• Unauthorized Access - Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
• Interception - Monitoring of data or traffic on a System without permission.
• Falsification of Origin - Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

No Network Abuse

The Customer may not make network connections to any users, hosts, or networks unless they have permission to communicate with them. Prohibited activities include:

• Monitoring or Crawling - Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
• Denial of Service (DoS) - Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
• Intentional Interference - Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
• Operation of Certain Network Services - Operating network services like open proxies, open mail relays, or open recursive domain name servers.
• Avoiding System Restrictions - Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

No E-Mail or Other Message Abuse

The Customer will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. The Customer will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. The Customer will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.

Monitoring & Enforcement

Tarmin reserves the right, but does not assume the obligation, to investigate any violation of this Policy or misuse of the Services or Tarmin Site. Tarmin may:

• investigate violations of this Policy or misuse of the Services or Tarmin Site; or
• remove, disable access to, or modify any content or resource that violates this Policy or any other agreement Tarmin has with the Customer for use of the Services or the Tarmin Site.

Tarmin may report any activity that Tarmin suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Tarmin’s reporting may include disclosing appropriate customer information. Tarmin also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

Reporting of Violations of this Policy

If the Customer becomes aware of any violation of this Policy, the Customer will immediately notify Tarmin and provide assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please follow Tarmin’s abuse reporting process.