PRIVACY POLICY
Revision December 13,
2022
We at TAM
Software Inc. dba TAM Intelliware ("TAM,"
“Company,” "we," "us" or "our") know
that your privacy is important. This privacy policy ("Policy") is
designed to assist you in understanding how we will collect and use the
information you provide when you use our websites ("Sites") and other
related services (“Services”) on which we post a direct link to
this privacy policy.
Please read this Policy to learn more about the ways in which we collect and
use your information. By using our Services, you consent to our collection,
use, and disclosure of your information as described in this Policy.
For the purposes of this Privacy Policy, when we refer to "you" or to
a "customer" we mean any past, current or prospective customer of TAM,
including any visitor to one of our Sites.
Information
Collection and Use
We collect personally identifiable information only if
specifically and knowingly provided by you. This Privacy Policy statement
explains what information we gather, how we gather it and how we use it.
Please
note that we may update this statement without notice from time to time by
posting the updated terms on our websites. You are responsible for periodically
reading this statement. If you use our websites after we have updated this
statement, you acknowledge that you have read the updated terms and consent to
our revised privacy practices.
By
becoming a registered member or otherwise using our websites, you acknowledge
that you have read this privacy policy statement and consent to our privacy
practices as described in this statement, including our use and disclosure of
personally identifiable information for the purposes described below.
If
you are a resident of the State of California, please also read Your California
Privacy Rights below to understand additional rights you may have pursuant to
California Civil Code Section 1798.83 and the California Consumer Privacy Act
of 2018.
Information
we gather and track.
We
may collect two types of information from you and other registered users of our
websites: (1) "personally identifiable information" and (2)
“non-personally identifiable information”.
"Personally
identifiable information" is information that identifies you personally,
such as your name, address, telephone number, email address, or company name.
"Non-personally
identifiable information" can be technical information, such as aggregated
tracking information derived mainly by tallying page views throughout our site,
or it can be demographic information. Non-personally identifiable information
does not identify you personally. If you do provide us with non-personally
identifiable information, we may use it for the purposes described in this
statement or for any other legal purpose.
We
do not offer services directed to children. Should an individual whom we know to be
a child under age 18 send personally identifiable information to us, we will
take measures to remove that user's personal information from our databases.
From time-to-time we may come into contact with persons under the age of 18 as
may be necessary in the performance of our contractual obligations. In such
instances we take reasonable efforts to not collect or store any personally
identifiable data of such persons, but rather de-identify and anonymize such
data of persons under the age of 18.
How
we gather and track information.
Personally
Identifiable Information.
As
part of the registration process we collect your company and/or trade name,
contact name, telephone number, principal address and email address.
As
part of the utilization of the TAM services by you, we store in our databases
certain information regarding your customers and prospective customers,
including name, telephone number and/or email address. In some cases individual
preferences and requirements will also be maintained as part of the customer or
potential customer profile.
From
time-to-time visitors to our websites who are not registered users may request
information about our sites and services and provide their name and email
address. We collect and retain that information.
Non-Personally
Identifiable Information.
Cookies.
We may place a text file called a “cookie” in the browser files of
your computer (if you or your browser accept the cookie) to collect information
about your activity on our websites. The cookie itself does not contain
personally identifiable information. A cookie can’t read data off your
hard disk or read cookie files created by other sites. You can refuse cookies
by turning them off in your browser but if you do, you may not have access to
some areas of our websites, or to the personalized features of our websites.
You may also set your browser to warn you before accepting cookies.
Log
Files. As is true of most web sites, we gather certain information
automatically and store it in log files. This information includes Internet
protocol (IP) addresses, browser type, Internet service provider (ISP),
referring/exit pages, operating system, date/time stamp and clickstream data.
How
we use Information we gather and track.
Personally
Identifiable Information.
We
use personally identifiable information that we gather from registered users
and store in our databases (whether the personally identifiable information
relates to the registered user or any customers or potential customers of the
registered user) solely to provide the service and functionality for which
registered users subscribe. Under no circumstances do we divulge any personally
identifiable information to any other registered user or to any third party
without indicating that your information will be shared. So, for example, we
use your personally identifiable information:
To
authorize your access to appropriate services, pages, screens and data in our
system;
To
send promotional materials to your customers and potential customers that you
have requested that we send on your behalf;
To
communicate with you regarding our sites and services, new services and changes
to our sites and services that we may make from time to time;
To
provide customer and technical service to you;
To
comply with law, or in the good faith belief that such action is necessary to
conform to the requirements of law, or comply with legal process served on us,
and to protect and defend our rights or property, including our rights and
property and our websites, or act in urgent circumstances to protect the
personal safety of you and our other visitors; and
To
protect against fraud or potential fraud.
We
use name and email addresses provided by visitors to our websites who expressly
request information from us in order to provide the requested information to
them.
Non-Personally
Identifiable Information.
We
use non-personally identifiable information that we gather and track to analyze
trends, to administer the site, to track users’ movements around the site
and to gather demographic information about our user base as a whole.
We
do not link this automatically collected data to personally identifiable
information.
We
may create aggregate reports on user demographics and traffic patterns for
advertisers, sponsors, and partners. This allows our partners to be more
effective and allows our users to receive information that is pertinent to
their needs.
We
will not divulge or share any financial or accounting-related data input by our
registered users and stored in our databases to any other registered user or to
any third party at any time.
With
whom we may share information
We
may share, as controller or as processor providing services at the direction of
our clients, your personal data to third parties who perform services on our
behalf, including our technology providers, payment card processor,
administrative personnel and providers and professional advisors.
TAM uses a limited number of third-party service providers to
assist us in providing our services to customers. These third-party providers
assist with the transmission of data and provide data storage services. These
third parties may access, process, or store personal data in the course of
providing their services. TAM maintains contracts with these third parties
restricting their access, use and disclosure of personal data.
TAM
does not receive or store credit card information from registered users or
their customers. We use either an outside payment (credit/debit card and ACH)
processing company or our parent company, Fullsteam Operations LLC for
subscription services and for point-of-sale functionality. The payment
processing company does not retain, share, store or use your personally
identifiable information for any other purposes, however, we cannot guarantee
that there will not be a security breach of the payment processing company.
We
may disclose information if we have a good faith belief that disclosure is
necessary by law or the legal process, to protect and defend our or
others’ interests or property, or to enforce agreements you or our
clients enter into with us. TAM may be required to disclose personal
information in response to lawful requests by public authorities, including to
meet national security or law enforcement requirements.
We
may obtain your written consent from time to time in electronic form by using
online agreements or other acknowledgements through our application, including
for any other contemplated uses of your personal data not addressed in this
Privacy Policy. Please read all online agreements carefully before accepting
them.
In
the event TAM goes through a business transition, such as a merger, acquisition
by another company, or sale of all or substantial portion of its assets, your
personally identifiable information will likely be among the assets
transferred.
Security
of the information.
We
follow generally accepted industry standards to protect the personally
identifiable information as well as the financial data submitted to us, both
during transmission and once we receive it. No method of transmission over the
Internet, or method of electronic storage, is 100% secure. Therefore, while we
strive to use commercially acceptable means to protect your information, we
cannot guarantee its absolute security.
If
we learn of a breach of our security system or processes, we may attempt to
notify you electronically so that you can take appropriate protective steps. By
using our websites, or providing personally identifiable information to us
through them, you agree that we can communicate with you electronically
regarding security, privacy, and administrative issues relating to your use of
our websites. In the event of a breach, we may post a notice on our websites
and/or send you an email at the email address you provided.
YOU
MAY HAVE ADDITIONAL RIGHTS TO RECEIVE WRITTEN NOTICE OF SECURITY BREACHES UNDER
APPLICABLE LAW OF YOUR JURISDICTION.
Storage
of Information
We
retain the personal data we collect for so long as reasonably necessary to
fulfill the purposes for which the data was collected, to perform our
contractual and legal obligations, and for any applicable statute of
limitations periods for the purposes of bringing and defending claims.
Legal
Basis for Processing
We
rely on the following legal grounds to process your personal information:
Consent.
We may use your personal data as described in this Privacy Policy subject to
your consent.
Performance
of a contract. We may need to collect and use your personal information and the
personal information of your customers, as applicable, to perform our
contractual obligations. When we process personal data on behalf of third
parties, we do so pursuant to agreements with such third parties.
Legitimate
Interests. We may use your personal information for our legitimate interests to
provide our services and to improve our services and the content on our
application. We process information on behalf of third parties who have
legitimate interests in operating their businesses. We may use technical
information as described in this Privacy Policy and use personal information
for our marketing purposes consistent with our legitimate interests and any
choices that we offer or consents that may be required under applicable law.
Your
rights and choices
We
communicate with our registered members on a regular basis via email. For
example, we may use your email address to confirm your request, to send you
notice of payments, to send you information about changes to our products and
services, and to send notices and other disclosures as required by law. Users
can opt-out of all email communications from TAM by contacting us. We will
process your unsubscribe request as soon as possible, but please be aware that
in some circumstances you may receive a few more messages until your request is
processed. You also may opt-out of receiving such emails by clicking on the
"unsubscribe" link within the text of the applicable email.
You
may contact us to request information about the personal data we have collected
from you and to request the correction, modification or deletion of such
personal information, which requests we will do our best to honor subject to
any legal and contractual obligations.
Our
Director for Compliance is responsible for our privacy programs.
For
information about the personal data we have collected from you and to request
the correction, modification or deletion of such personal information, please
email [email protected]
or request by mail addressed to:
Fullsteam Operations LLC
Attn. Compliance PC55
540 Devall Drive, Suite 301
Auburn,
AL 36832
Subject to local law, you may have
additional rights under the laws of your jurisdiction regarding your personal
data, such as the right to complain to your local data protection authority.
Data
processed: Company provides online tools that our customers use to operate
their services businesses, including by providing access to certain of those
tools to their own customers. In providing these tools, Company processes data
our customers and our customers’ customers submit to our web services or
instruct us to process on their behaves. While Company’s customers and
their customers’ customers decide what data to submit, it typically
includes information about their customers, sales prospects, point of sale
services, inventory management, and goods ordering.
Purposes
of data processing: Company processes data submitted by our customers and our
customers’ customers for the purpose of providing Company’s online
services to them. To fulfill these purposes, Company may access the data to
provide the services, to correct and address technical or service problems, or
to follow instructions of the customer who submitted the data, or in response
to contractual requirements.
Inquiries
and complaints: If you believe Company maintains your personal data in the
Company web services within the scope of the applicable law of another
jurisdiction, you may direct any inquiries or complaints concerning our
compliance to our address noted above. Company will respond within 45 days. We
are committed to respond to complaints and to provide appropriate recourse at
no cost to you.
Third
parties who may receive personal data: Company uses a limited number of
third-party service providers to assist us in providing our services to
customers. These third- party providers assist with the transmission of data
and provide data storage services. These third parties may access, process, or
store personal data in the course of providing their services. Company
maintains contracts with these third parties restricting their access, use and
disclosure of personal data in compliance with our obligations, and Company may
be liable if they fail to meet those obligations and we are responsible for the
event giving rise to the damage.
Your
rights to access, to limit use, and to limit disclosure: In
some jurisdictions you may have the right to access your personal data and to
limit use and disclosure of your personal data. Company has committed to
respect those rights. Because Company personnel have limited ability to access
data our customers submit to our services, if you wish to request access, to
limit use, or to limit disclosure, please provide the name of the Company customer
who submitted your data to our services. We will refer your request to that
customer, and will support them as needed in responding to your request.
Compelled
disclosure: Company may be required to disclose personal information in
response to lawful requests by public authorities, including to meet national
security or law enforcement requirements.
Third-Party
Websites and Advertisers
Our
websites may contain links to third-party websites. While we endeavor to work
with third-parties that share our respect for user privacy, we are not
responsible for the websites or privacy practices of such third-parties. We may
also use third-party advertisers, ad networks, and other advertising,
marketing, and promotional companies, to serve advertisements on our websites.
Such third parties may gather information about your visit to our websites or
other websites, monitor your access to or market products or services to you,
monitor the ads you view, click-on, or interact with, when they were delivered,
and the screens and pages that they are on.
We
do not endorse these parties, their content, or any products and services they
offer. You are responsible for knowing when you are leaving our website to visit
a third-party website, and for reading and understanding the terms of use and
privacy policy statements for each such third party.
California
Residents – Your Privacy Rights
California
Information-Sharing Disclosure
(As
provided by California Civil Code Section 1798.83)
A
California resident who has provided personal information to a business with
whom he/she has established a business relationship for personal, family, or
household purposes ("California customer") is entitled to request
information about whether the business has disclosed personal information to any
third parties for the third parties' direct marketing purposes. In general, if
the business has made such a disclosure of personal information, upon receipt
of a request by a California customer, the business is required to provide a
list of all third parties to whom personal information was disclosed in the
preceding calendar year, as well as a list of the categories of personal
information that were disclosed.
However,
under the law, a business is not required to provide the above-described lists
if the business adopts and discloses to the public (in its privacy policy
statement) a policy of not disclosing customer's personal information to third
parties for their direct marketing purposes unless the customer first
affirmatively agrees to the disclosure, as long as the business maintains and
discloses this policy. Rather, the business may comply with the law by
notifying the customer of his or her right to prevent disclosure of personal
information and providing a cost free means to exercise that right.
As
stated in our privacy policy statement, we do not share information with third
parties for their direct marketing purposes unless you affirmatively agree to
such disclosure -- typically by opting-in to receive information from a third
party. To prevent disclosure of your personal information for use in direct
marketing by a third party, do not opt-in to such use when you provide personal
information on our website. Please note that whenever you opt-in to receive
future communications from a third party, your information will be subject to
the third-party's privacy policies and practices. If you later decide that you
do not want that third party to use your information, you will need to contact
the third party directly, as we have no control over how third parties use
information. You should always review the privacy policies and practices of any
party that collects your information to determine how that party will handle
your information.
California
customers may request further information about our compliance with this law by
e-mailing [email protected]. Please note that we are only
required to respond to one request per customer each year, and we are not
required to respond to requests made by means other than through this e-mail
address.
California
Do Not Track Disclosure:
Our
websites do not respond to “do not track” browser signals.
Depending on the browser you are using, you may be able to choose to block
third party cookies or browse in a private browsing mode. Our websites are
accessible even when private browsing is turned on. The information we collect
is governed by this Privacy Policy.
California Consumer
Additional Information under California Consumer Privacy Act of 2018
(“CCPA”)
You will not receive
discriminatory treatment by us for exercising your privacy rights conferred on
you by the CCPA.
You have certain additional
rights regarding your personal information, pursuant to California law. These
include the rights to:
Please submit your
request for information or deletion of information concerning you as noted
below. In order to provide you with
your requested information or to delete the information which we have
concerning you, we must be able to verify that you are the person requesting
the information or deletion. With your request please provide at least two
items of information which you have previously provided to us for us to use for
verification of your identity. If this is not sufficient, we will contact you
for additional means of verification.
You may designate an authorized
agent to make a request for you. If your agent has a power of attorney pursuant
to California Probate Code sections 4000 to 4465, please provide proof to the
same. If your agent does not have a power of attorney pursuant to California
Probate Code sections 4000 to 4465, we will require you to provide the
authorized agent written permission to make the request, verify your own
identity directly with us and require your agent to submit proof that they are
authorized by you to act on your behalf.
For information concerning you
or for deletion of information concerning you, please email [email protected] or request by mail addressed to:
Fullsteam
Operations LLC
Attn.
Compliance PC55
540
Devall Drive, Suite 301
Auburn, AL 36832
Jurisdiction
and Contact Information
Our websites are controlled and
operated from the United States. If you are an individual from any other
jurisdiction with laws or regulations governing personal data collection, use,
and disclosure that differ from United States laws, please be advised that we
may store the information we collect in the United States or in other countries
where we or our third-party service providers have operations. Personal data
may also be transferred from the country of your residence to other countries, including
the United States.
Contact
Information
If
you have any questions or suggestions regarding our Privacy Policy, please
contact us:
By
email: [email protected]
Address:
Fullsteam Operations LLC
Attn. Compliance PC55
540 Devall Drive, Suite 301
Auburn, AL 36832