Your privacy is critically important to us. At Tomi.ai, we have a few fundamental principles:
- We are careful about the personal information we ask you to provide and the personal information that we collect about you through the operation of our services.
- We store personal information for only as long as we have a reason to keep it.
- We aim for full transparency on how we gather, use, and share your personal information.
Who We Are and What This Policy Covers
We are an AI as a Service company in marketing technology field. We believe that machine learning and behavioral data are crucial tools for a modern digital marketer. Our mission is to make digital ads as easy and effective for traditional and services industries as they are in e-commerce and gaming industries. We solve the problem of low conversion rates for digital ads in businesses with long offline sales cycles and large transactions like Real Estate, Financial Services, EdTech or SaaS. Our technology helps to improve digital ad efficiency or boost customer acquisition scale by 1.5x-2.0x via four tools: Targeting, Optimization, Measurement, and Insights, which gave the name to Tomi.ai.
- Our website www.tomi.ai;
- Our mobile app applications in iOS and Android; and
- Our cloud-based tracker api.tomi.ai on websites of our customers.
Below we explain how we collect, use, and share information about you, along with the choices that you have with respect to that information.
Information We Collect
We only collect information about you if we have a reason to do so — for example, to provide our Services, to communicate with you, or to make our Services better.
We collect this information from three sources: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let’s go over the information that we collect.
Information You Provide to Us
It’s probably no surprise that we collect information that you provide to us directly. Here are some examples:
- Basic account information: We ask for basic information from you in order to set up your account. For example, we require customers who sign up for a Tomi.ai account to provide an email address and password, along with a username or name, a company name, a company industry, and company size. You may provide us with more information — like your address and other information you want to share — but we do not require that information to create a Tomi.ai account.
- Payment and contact information: If you buy something from us, we will collect information to process those payments and contact you. If you buy something from us — a subscription to a Tomi.ai plan, you will provide additional personal and payment information like your name, credit card information, and contact information. We also keep a record of the purchases you have made. You may also provide us with financial details to set up a payment integration, like the email address for your Stripe or PayPal account or your bank account information.
- Business Profile: Some of our products collect additional information from you as part of creating a user/customer profile. For example, if you are our customer, we may add you to our customer relationship database using information you provide us including your name, your employer, your job title or role, your contact information, and your communications with us.
- Communications with us: You may also provide us with information when you respond to surveys, communicate with our customer support, post a question in our public forums, or sign up for a newsletter. When you communicate with us via form, email, phone, or otherwise, we store a copy of our communications (including any call recordings as permitted by applicable law).
- Job applicant information: If you apply for a job with us — awesome! You may provide us with information like your name, contact information, resume or CV, and work authorization verification as part of the application process.
We also collect some information automatically:
- Log information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, including the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Services — for example, when you visit a website of our customer where we collect behavioral information to our cloud service through a tracker api.tomi.ai.
- Usage information: We collect information about your usage of our Services. For example, we collect information about the actions that site administrators and users perform on a site using our Tomi.ai services — in other words, who did what and when. Our tracker api.tomi.ai also tracks information like your website usage, anonymized user ids, email addresses, and phone numbers. We also collect information about what happens when you use our Services (e.g., page views, page scrolls, time on page, and click on HTML/CSS elements) along with information about your device (e.g., screen size, name of cellular network, and mobile device manufacturer). We use this information to, for example, provide our Services to you, get insights on how people use our Services so we can make our Services better, and understand and make predictions about expected incremental customer lifetime value for website visitors of our customers.
- Location information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions.
Information We Collect from Other Sources
Third-party services may also give us information, like mailing addresses for businesses who are not yet our users (but we hope will be!). We use this information for marketing purposes like postcards and other mailers advertising our Services.
Purposes for Using Information
We use information about you for the purposes listed below:
- To provide our Services. For example, to set up and maintain your account, provide customer service, process payments and orders, verify user information, and to calculate expected incremental customer lifetime value for websites of our customers.
- To ensure quality, maintain safety, and improve our Services. For example, by providing automatic upgrades and new versions of our Services. Or, for example, by monitoring and analyzing how users interact with our Services so we can create new features that we think our users will enjoy and that will help them create and manage websites more efficiently or make our Services easier to use.
- To place, modify and manage ads for our customers. For example, to place, modify and manage ads in advertising accounts of our customers in advertising platforms like Facebook and Google as a part of our Targeting and Optimization solutions.
- To market our Services and measure, gauge, and improve the effectiveness of our marketing. For example, by targeting our marketing messages to groups of our users (like those who have a particular plan with us or have been users for a certain length of time), advertising our Services, analyzing the results of our marketing campaigns (like how many people purchased a paid plan after receiving a marketing message), and understanding and forecasting user retention.
- To protect our Services, our users, and the public. For example, by detecting security incidents; detecting and protecting against malicious, deceptive, fraudulent, or illegal activity; fighting spam; complying with our legal obligations; and protecting the rights and property of Tomi.ai and others, which may result in us, for example, declining a transaction or terminating Services.
- To fix problems with our Services. For example, by monitoring, debugging, repairing, and preventing issues.
- To customize the user experience. For example, to personalize your experience by serving you relevant notifications and advertisements for our Services, recommending content through our post and whitepaper suggestions
- To communicate with you. For example, by emailing you to ask for your feedback, share tips for getting the most out of our products, or keep you up to date on Tomi.ai; texting you to verify your payment; or calling you to share offers and promotions that we think will be of interest to you. If you don’t want to hear from us, you can opt out of marketing communications at any time.
- To recruit and hire new employees. For example, by evaluating job applicants and communicating with them.
Legal Bases for Collecting and Using Information
A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that:
(1) The use is necessary in order to fulfill our commitments to you under the applicable terms of service or other agreements with you or is necessary to administer your account — for example, in order to enable access to our website on your device or charge you for a paid plan; or
(2) The use is necessary for compliance with a legal obligation; or
(3) The use is necessary in order to protect your vital interests or those of another person; or
(4) We have a legitimate interest in using your information — for example, to provide and update our Services; to improve our Services so that we can offer you an even better user experience; to safeguard our Services; to communicate with you; to measure, gauge, and improve the effectiveness of advertising to understand user retention and attrition, as well as to calculate expected incremental customer lifetime value; to monitor and prevent any problems with our Services; and to personalize your experience.
(5) You have given us your consent — for example before we place certain cookies on your device and access and analyze them later on.
How We Share Information
We share information about you in limited circumstances, and with appropriate safeguards on your privacy. These are spelled out below, as well as in the section called Ads and Analytics Services Provided by Others:
- Third-party vendors: We may share information about you with third-party vendors who need the information in order to provide their services to us, or to provide their services to you or your website. This includes vendors that help us provide our Services to you (anonymous and hashed information to advertising platforms like Facebook and Google to improve the advertising efficiency of your paid digital marketing efforts, payment providers that process your bank account, credit and debit card information, fraud prevention services that allow us to analyze fraudulent payment transactions, cloud storage services, postal and email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you); those that assist us with our marketing efforts (e.g., by providing tools for identifying a specific marketing target group or improving our marketing campaigns, and by placing ads to market our services); those that help us understand and enhance our Services (like analytics providers); those that make tools to help us run our operations (like programs that help us with task management, scheduling, word processing, email and other communications, and collaboration among our teams); other third-party tools that help us manage operations. We require vendors to agree to privacy commitments in order to share information with them.
- Legal and regulatory requirements: We may disclose information about you in response to a subpoena, court order, or other governmental request.
- With your consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties when you authorize us to do so.
- Aggregated or de-identified information: We may share information that has been aggregated or de-identified, so that it can no longer reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services; show our customer an aggregated behavior of website visitors on their website as a part of our Measurement and Insights solution; or share a hashed version of customers’ or their website visitors’ email addresses and phone numbers to facilitate customized ad campaigns on advertising platforms like Facebook and Google as a part of our Targeting and Optimization solution.
We have a long-standing policy that we do not sell our users’ data. We are not a data broker, we do not sell your personal information to data brokers, and we do not sell your information to other companies that want to spam you with marketing emails.
Under a new California law, the California Consumer Privacy Act (“CCPA”), some personalized advertising you see online and, on our services, might be considered a “sale” even though we do not share information that identifies you personally, like your name or email address, as part of our advertising program.
Information Shared Publicly
Information that you choose to make public is — you guessed it — disclosed publicly.
That means information like your public profile, posts, other content that you make public on your website are all available to others. Public information may also be indexed by search engines or used by third parties.
Please keep all of this in mind when deciding what you would like to share publicly.
How Long We Keep Information
We generally discard information about you when it is no longer needed for the purposes for which we collect and use it — described in the section above on How and Why We Use Information — and we are not legally required to keep it.
While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so. We monitor our Services for potential vulnerabilities and attacks.
You have several choices available when it comes to information about you:
- Limit the information that you provide: If you have an account with us, you can choose not to provide the optional account information, and profile information. Please keep in mind that if you do not provide this information, certain features of our Services may not be accessible.
- Limit access to information on your mobile device: Your mobile device operating system should provide you with the option to discontinue our ability to collect stored information or location information via our mobile apps. If you choose to limit this, you may not be able to use certain features.
- Opt out of marketing communications: You may opt out of receiving promotional communications from us. Just follow the instructions in those communications or let us know. If you opt out of promotional communications, we may still send you other communications, like those about your account and legal notices.
- Set your browser to reject cookies: At this time, Tomi.ai does not respond to “do not track” signals across all of our Services. However, you can usually choose to set your browser to remove or reject browser cookies, with the drawback that certain features of Tomi.ai Services may not function properly without the aid of cookies.
- Close your account: While we would be very sad to see you go, you can close your account if you no longer want to use our Services. Please keep in mind that we may continue to retain your information after closing your account, as described in How Long We Keep Information above — for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, or reasonably needed for our legitimate business interests.
If you are located in certain parts of the world, including California and countries that fall under the scope of the European General Data Protection Regulation (aka the “GDPR”), you may have certain rights regarding your personal information, like the right to request access to or deletion of your data.
European General Data Protection Regulation (GDPR)
If you are located in a country that falls under the scope of the GDPR, data protection laws give you certain rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:
- Request access to your personal data;
- Request correction or deletion of your personal data;
- Object to our use and processing of your personal data;
- Request that we limit our use and processing of your personal data; and
- Request portability of your personal data.
You also have the right to make a complaint to a government supervisory authority.
California Consumer Privacy Act (CCPA)
The California Consumer Privacy Act (“CCPA”) requires us to provide California residents with some additional information about the categories of personal information we collect and share, where we get that personal information, and how and why we use it.
The CCPA also requires us to provide a list of the “categories” of personal information we collect, as that term is defined in the law, so, here it is. In the last 12 months, we collected the following categories of personal information from California residents, depending on the Services used:
- Identifiers (like your name, contact information, and device and online identifiers);
- Commercial information (your billing information and purchase history, for example);
- Characteristics protected by law (for example, you might provide your gender as part of a research survey for us);
- Internet or other electronic network activity information (such as your usage of our Services, like behavioral data of users on your websites);
- Geolocation data (such as your location based on your IP address);
- Audio, electronic, visual or similar information (such as your profile picture, if you uploaded one);
- Professional or employment-related information (for example, your company and team information or information you provide in a job application); and
- Inferences we make (such as likelihood of retention or attrition, and expected incremental customer lifetime value).
You can find more information about what we collect and sources of that information in the Information We Collect section above.
We collect personal information for the business and commercial purposes described in the How and Why We Use Information section. And we share this information with the categories of third parties described in the Sharing Information section.
If you are a California resident, you have additional rights under the CCPA, subject to any exemptions provided by the law, including the right to:
- Request to know the categories of personal information we collect, the categories of business or commercial purpose for collecting and using it, the categories of sources from which the information came, the categories of third parties we share it with, and the specific pieces of information we collect about you;
- Request deletion of personal information we collect or maintain;
- Opt out of any sale of personal information; and
- Not receive discriminatory treatment for exercising your rights under the CCPA.
The CCPA & Personalized Advertising based on our Services
The personal information we share includes online identifiers; hashed emails and phone numbers; internet or other network or device activity (such as cookie information, other device identifiers, and IP address); and geolocation data (approximate location information from your IP address). These disclosures may be considered a “sale” of information under the CCPA. We do not sell (or share) information through our Targeting and Optimization solutions that identifies you personally, like your name or contact information. We do not knowingly sell personal information of those under 16.
Contacting Us About These Rights
You can usually access, correct, or delete your personal data using your account settings and tools that we offer, but if you are not able to or you would like to contact us about one of the other rights, scroll down to “How to Reach Us” to, well, find out how to reach us.
When you contact us about one of your rights under this section, we will need to verify that you are the right person before we disclose or delete anything. For example, if you are a customer or a visitor on a customer website, we will need you to contact us from the email address associated with your account. You can also designate an authorized agent to make a request on your behalf by giving us written authorization. We may still require you to verify your identity with us.
Tomi.ai Services are worldwide. Different Tomi.ai companies are the controller (or co-controller) of personal information, which means that they are the company responsible for processing that information, based on the particular service and the location of the individual using our Services.
Depending on the Services you use, more than one company may be the controller of your personal data. Generally, the “controller” is the Tomi.ai company that entered into the contract with you under the Terms of Service for the product or service you use. In addition, Tomi.ai, Inc., our US-based company, is the controller for some of the processing activities across all of our Services worldwide.
The chart below explains the current controllers for processing your personal information.
All Tomi.ai Services
244 5th Avenue, Suite K260
New York, NY 10001, USA
Other Things You Should Know (Keep Reading!)
Because Tomi.ai Services are offered worldwide, the information about you that we process when you use the Services in the EU may be used, stored, and/or accessed by individuals operating outside the European Economic Area (EEA) who work for us, other members of our group of companies, or third-party data processors. This is required for the purposes listed in the How and Why We Use Information section above.
You can ask us for more information about the steps we take to protect your personal information when transferring it from the EU.
Visitors to Our Customers’ Websites
That’s it! Thanks for reading.