TMX Legal Policies

Privacy Policy

At TMX, we take your privacy very seriously. A primary directive of our organization is to maintain the trust of our clients, business partners, and email recipients. We strive to maintain this trust by utilizing permission-based email marketing approaches, by discouraging "spamming" (the sending or posting of large-scale, mass unsolicited emails or other messages), and by working with clients and business partners whom we believe place a high value on privacy.

This Privacy Policy describes how we collect, use and distribute information obtained during visits to our Website or our extranet, or from our email content streaming, tracking and reporting services. Please note that this Privacy Policy may be amended in the future to reflect any changes in our products or services, our company policies, or applicable law. Please revisit this Privacy Policy from time to time to be sure that you are familiar with our then-current policies.

Information Collection, Use, and Disclosure

Except as otherwise outlined in this Privacy Policy, we will not sell, rent, trade or otherwise distribute to any third party any personally identifiable information that we collect through our Website, our extranet, or our email content streaming, tracking and reporting services, without the permission of the person or entity to which such information relates.

Website

If you browse our Website, you do so anonymously. We do not collect any personally identifiable information when you browse our Website. We do not use cookies on our Website. We do log your IP address (the Internet address of your computer) to give us an idea of which parts of our Website you visit and how long you spend there. We also collect non-personally identifiable information that is used to better help us customize your user experience. For example, we may collect hosting and Internet access information; information about your browser, computer, and operating system; and pertinent date and time stamps. However, we do not match any of this information with any personally identifiable information.

Extranet

From time to time, our clients may use our extranet system to gather information concerning their email campaigns. We do collect personally identifiable information from clients when they browse our extranet system (i.e. company ID, email data retrieved, and extranet usage information), but this information is only used internally to help us provide better services to our clients. We do not disclose any of this information to third parties.

Email Campaigns

We do not keep or manage email lists. Instead, we perform email content streaming services using email addresses contained in lists provided either by our clients or by email list delivery companies on behalf of our clients. We do not use email lists provided by email list delivery companies whom we do not believe to be reputable. In connection with our email content streaming services, we track non-personally identifiable information, such as information regarding email forwards, views and click-throughs, operating systems, bandwidths, browser types and flash/video compatibility. To maintain user anonymity, TMX content remains independent of personal information--such as email addresses--by assigning a non-identifying number to denote all user data. We use this number to track the performance of each email campaign. We do not match any of this tracked information with any personally identifiable information. Although we instruct our clients to use this information for their internal purposes only, we do not control or provide any assurances with regard to our clients' use of this information.

Through our Auto Sensing Technology (AST), we offer our clients the ability to manage and analyze the success of email campaigns. Our AST collects a limited amount of non-personally identifiable information from email recipients, such as open rates, connection speeds, IP addresses, operating system information, and information regarding browsers and other similar agents and their associated capabilities. We do not match this information with any personally identifiable information. However, we do provide this information to the client for whom we developed the pertinent email campaign.

User Requests

At times, you may choose to supply us with personally identifiable information (such as your name, email address and postal address); for purposes such as registering at a site, making a purchase, entering a sweepstakes contest, registering a new product, participating in an online survey or promotion, or corresponding with us or one of our clients or business partners. If you provide this information for purposes that involve our clients or business partners, we will provide to the pertinent clients or business partners the information that you supply. For example, if you wish to purchase a product from one of our e-commerce business partners, we will provide to the business partner the information that you supply to us. We instruct our clients and business partners not to use any personally identifiable information except in connection with the purpose for which it was provided. However, we provide no assurances with regard to any of our client's or business partner's use of this information.

Other Circumstances

We sometimes license our technology to our clients for their marketing purposes. We instruct these clients that they may use our technology for the purpose of sending emails or other messages only to persons or entities included in permission-based lists, and that all recipients of such emails or other messages must have the ability to "opt-out" of receiving any subsequent emails or other messages. However, we cannot guarantee that our clients will follow these instructions. We are not responsible for our clients' privacy policies, nor are we responsible for our clients' use of any personally identifiable or non-personally identifiable information that they collect through the use of our technology.

As we continue to develop our business, it is possible that we could merge with, be acquired by, or sell our business or assets to another entity. In such transactions, user information generally is one of the shared or transferred business assets, so you should expect that we might share or transfer some or all of your information under such circumstances. However, in the event that such a transaction occurs, we will, to the greatest extent possible, require the entity with whom we share or transfer your information to follow the practices disclosed in this Privacy Policy.

We may disclose personally identifiable information if we believe in good faith that (a) the law or legal process requires it, or (b) such disclosure is necessary to protect our rights, property or safety, or the rights, property or safety of our clients or business partners, or any other persons or entities.

Opt-In/Opt-Out

We stream email content exclusively to people or entities included in permission-based, or "opt-in" email lists. The "opt-in" approach requires that a person or entity request to be included in an email list. We work exclusively with clients and business partners who comply with this "opt-in" approach.

We always provide recipients of our email content streams with an opportunity to "opt-out" or "unsubscribe" from receiving subsequent email content streams or other messages. We are responsible for reporting "opt-out" or "unsubscribe" requests to our clients and business partners. In turn, our clients and business partners are responsible for complying with all reported "opt-out" and "unsubscribe" requests by removing the appropriate person or entity from their lists.

Spam

We do not knowingly participate in "spamming" activities of any kind, and we work with clients and business partners whom we believe have similar anti-spamming policies.

Cookies

We do not use cookies. A cookie is a piece of data stored on a user's hard drive by a Website. Cookies enable Websites to track and target the interests of users to enhance their Website experience. Some of our clients and business partners may use cookies. However, we have no access to or control over these cookies.

Children

We do not knowingly collect any personally identifiable information from anyone under the age of 13, nor do we knowingly stream email content or other messages to anyone under the age of 13.

Links

Our Website and the email content and other messages that we stream may contain links to other Websites. Please be aware that we are not responsible for the privacy practices of such other Websites. We encourage you to read the privacy policies of each and every Website that you visit.

Privacy Contact

We welcome your questions and comments regarding this Privacy Policy and the use of your personally identifiable information. If you have any questions about this Privacy Policy or about our information-collection practices, please contact us at privacy@tmxinteractive.com. Alternatively, you can contact us at TMX, 951 East Hector Street, Conshohocken, PA, 19428.