Privacy Policy
DATA WE COLLECT
The personal data that we may collect includes but is not limited to:
- name;
- email address;
- date of birth;
- billing address;
- bank account and payment information;
- telephone number;
- gender;
- information sent by or associated with the device(s) used to access our Services or Platform;
- aggregate data on content the User engages with.
If you sign up to be a user of our Platform using your social media account, we may access information about you which you have voluntarily provided to your Social Media Account provider in accordance with such provider’s policies, and we will manage and use any such personal data in accordance with this Policy at all times.
WHEN WE COLLECT DATA?
We will/may collect personal data about you:
- When you register and/or use our Services or Platform, or open an account with us;
- When you submit any form, application forms or other forms relating to any of our products and services, whether online or by way of a physical form; when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products and services.;
- When you interact with us, such as via telephone calls (which may be recorded), letters, face-to-face meetings, social media platforms and emails;
- When you use our electronic services, or interact with us via our application or use services on our Platform. This includes, without limitation, through cookies which we may deploy when you interact with our application or website;
- When you carry out transactions through our Services;
- When you provide us with feedback or complaints;
- When you register for a contest; or
- When you submit your personal data to us for any reason
Our mobile applications may collect precise information about the location of your mobile device using technologies such as GPS, Wi-Fi, etc. We collect, use, disclose and/or process this information for one or more Purposes including, without limitation, location-based services that you request or to deliver relevant content to you based on your location or to allow you to share your location to other Users as part of the services under our mobile applications. For most mobile devices, you are able to withdraw your permission for us to acquire this information on your location through your device settings. If you have questions about how to disable your mobile device’s location services, please contact your mobile device service provider or the device manufacturer.
COOKIES
We may from time to time implement “cookies” or other features to allow us or third parties to collect or share information that will help us improve our Platform and the Services we offer, or help us offer new services and features. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your computer or device and tell us how and when the Services or Platform are used or visited, by how many people and to track activity within our Platform. We may link cookie information to personal data. Cookies also link to information regarding what items you have selected for purchase and pages you have viewed. This information is used to keep track of your shopping cart, for example. Cookies are also used to deliver content specific to your interest and to monitor usage of the Services.
You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this you may not be able to use the full functionality of our Platform or the Services.
As when you view pages on our website or mobile application, when you watch content and advertising and access other software on our Platform or through the Services, most of the same information is sent to us (including, without limitation, IP Address, operating system, etc.); but, instead of page views, your device sends us information on the content, advertisement viewed and/or software installed by the Services and the Platform and time.
HOW DO WE USE THE INFORMATION YOU PROVIDE US?
We may collect, use, disclose and/or process your personal data for one or more of the following purposes:
- to process your application/transaction with us or communications with third parties via the Services;
- to manage, provide and/or administer your use of or access to our Services and our Platform (including, without limitation, remembering your preference), as well as your relationship and user account with us;
- to respond to, process, deal with or complete a transaction and/or to fulfil your requests for certain products and services and notify you of service issues and unusual account actions;
- to protect personal safety and the rights, property or safety of others;
- for identification and/or verification;
- to maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Services;
- to deal with or facilitate customer service, carry out your instructions, deal with or respond to any enquiries given by (or purported to be given by) you or on your behalf;
- to contact you or communicate with you via voice call, text message and/or fax message, email and/or postal mail or otherwise for the purposes of administering and/or managing your relationship with us or your use of our Services, such as but not limited to communicating administrative information to you relating to our Services. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
- to allow other Users to interact or connect with you on the Platform, including to inform you when another User has sent you a private message or posted a comment for you on the Platform;
- to conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to analyse how you use our Services, to improve our Services or products and/or to enhance your customer experience;
- to allow for audits and surveys to, among other things, validate the size and composition of our target audience, and understand their experience with our Services;
- for marketing and in this regard, to send you by various modes of communication marketing and promotional information and materials relating to products and/or services that may be selling, marketing or promoting, whether such products or services exist now or are created in the future. You can unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies.
- to respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, including, without limitation, meeting the requirements to make disclosure under the requirements of any law binding on Tomato or on its related corporations or affiliates;
- to produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
- to carry out due diligence or other screening activities (including, without limitation, background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;
- to audit our Services or Tomato’s business;
- to prevent or investigate any actual or suspected violations of our Terms of Service, fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us;
- to store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction;
- to deal with and/or facilitate a business asset transaction or a potential business asset transaction, where such transaction involves Tomato as a participant or involves Tomato and/or any one or more of Tomato’s related corporations or affiliates as participant(s), and there may be other third party organisations who are participants in such transaction.
As the purposes for which we will/may collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above.
SECURITY
We implement a variety of security measures and strive to ensure the security of your personal data on our systems. User personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. However, there can be no guarantee of absolute security. We will retain personal data in accordance with the Privacy Laws and/or other applicable laws. That is, we will destroy or anonymize your personal data when we have reasonably determined that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; (ii) retention is no longer necessary for any legal or business purposes; and (iii) no other legitimate interests warrant further retention of such personal data. If you cease using the Platform, or your permission to use the Platform and/or the Services is terminated or withdrawn, we may continue storing, using and/or disclosing your personal data in accordance with this Privacy Policy and our obligations under the Privacy Laws. Subject to applicable law, we may securely dispose of your personal data without prior notice to you.
WE DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND OTHER INFORMATION THAT YOU PROVIDE ON THIRD PARTY SITES. We do implement a variety of security measures to maintain the safety of your personal data that is in our possession or under our control. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the personal data confidential. When you place orders or access your personal data, we offer the use of a secure server. All personal data or sensitive information you supply is encrypted into our databases to be only accessed as stated above.
INFORMATION COLLECTED BY THIRD PARTY
In conducting our business, we may need to disclose your personal data to our third party service providers, agents and/or our affiliates or related corporations, and/or other third parties. Such third party service providers, agents and/or affiliates or related corporations and other third parties would be processing your personal data either on our behalf for one or more of the above-stated Purposes. Such third parties include,
- our subsidiaries, affiliates and related corporations;
- contractors, agents, service providers and other third parties we use to support our business.
- a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets,
- third parties to whom disclosure by us is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes
Third parties may unlawfully intercept or access personal data transmitted to or contained on the site, technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse information through no fault of ours. We will nevertheless deploy reasonable security arrangements to protect your personal data as required by the Privacy Laws; however there can inevitably be unauthorised disclosure arising from malicious and sophisticated hacking by malcontents through no fault of ours.
Our Platform uses Google Analytics, which uses cookies to help the Platform analyse how Users use the Platform. Google will use this information for the purpose of evaluating your use of the Platform, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. We, and third parties may separately access, and allow a third party to view, your identifiable information, such as your name, your user ID, your device’s IP Address or other information such as any cookies that you may previously have installed or that were installed for you by a third party software application or website. Additionally, these applications may ask you to provide additional information directly to third parties. Third party products or services provided through these applications are not owned or controlled by Tomato. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise.
HOW CAN YOU WITHDRAW CONSENT?
You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by sending an email to our Personal Data Protection Officer at info@tomato.com.mm , and we will process such requests in accordance with this Privacy Policy and our obligations under the Privacy Laws and other applicable law. However, your withdrawal of consent may mean that we will not be able to continue providing the Services to you and we may need to terminate your existing relationship and/or the contract you have with us.