Tommy John Website Privacy Policy

Effective Date of Current Policy: February 1, 2016

Last Updated Date of Current Policy: February 1, 2016

This Privacy Policy is incorporated by reference into the Tommy John, Inc. Terms and Conditions (the “Terms”). The term “Tommy John,” “we,” and “us” includes Tommy John, Inc. and our affiliates and subsidiaries. The Privacy Policy explains how Tommy John may:

  • collect,
  • use, and
  • disclose

information we obtain through the Site. All other terms not defined herein will have the meanings set forth in the Terms.

“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual. We may also collect Personal Information in connection with surveys (as described below). We do not collect Personal Information from you unless you voluntarily provide it to us.

“Non-Personal Information” means information that does not identify any individual, including without limitation IP type, IP host address, ISP address, cookie IDs and segment IDs associated with cookie IDs, pages viewed and/or search terms entered, browser type, operating system, duration and frequency of visits, anonymous usage statistics including frequency of messaging and interaction with other users, clickstream data other log file data, or social analytics and tracking measurements. On mobile devices, we may also collect device type, make and model, operating system, carrier, user ID, similar device IDs, and information about the apps you use.

THE SITE COLLECTS YOUR INFORMATION

We collect Personal Information when you choose to provide it to us including when you:

  • register to use the Site;
  • use the Site; and
  • communicate with us

We also collect Non-Personal Information, by using cookies, pixels, server logs, and other similar technology as you use the Site. Please note that we may use third party service providers to help operate the Site and these third party service providers will collect Non-Personal Information from our Site as well.

Personal Information Collection. When you purchase from Tommy John, you must provide us with Personal Information, such as your name, email address, and address.

Using the Site. We collect information you post through the Site. For example, when you interact with other users or the Site by posting a review or other materials, the Site will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content to any public area of the Site, such content will be considered “public” and will not be subject to the privacy protections set forth herein.

Making Payments. When you make payments through the Site, you may need to provide Personal Information to our third-party service providers, such as your credit card number.

Communications with Us. We may also collect Personal Information from you when you choose to communicate with us. For example, you may choose to send us Personal Information in an email to us, when signing up for an account, newsletter or other service. By providing your email address to us, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our partners, provided that, we will not give your email address to another party to promote their products or services directly to you without your consent. If you contact us, we may keep a record of that correspondence.

Surveys. From time to time, we may contact you to participate in online surveys. If you do decide to participate, you may be asked to provide certain information which may include Personal Information. All information collected from your participation in our surveys is provided by you voluntarily. We may use such information to improve our products, Site and/or services and in any manner consistent with the policies provided herein.

Cookies, Automatic Data Collection, and Related Technologies. The Site collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics.

When you visit the Site, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies, pixels and similar technology. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.

A pixel is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.

By using the Site, you are authorizing us to gather, parse, and retain data related to the provision of the Site.

Opt-Out. As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.

To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device.

Please note that we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers.

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. We will process your request within a reasonable time after receipt. We are not responsible for removing your personal information from the lists of any third party who has previously been provided with your information in accordance with this policy.

HOW TOMMY JOHN USES YOUR INFORMATION

We use Personal Information to

  • facilitate and improve our services; and
  • communicate with you.

We may use aggregate information for any purpose, including for marketing purposes.

Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes only and may provide it to third parties to allow us to facilitate the Site. We may use and retain any data we collect to provide and improve our services. We may also use such data to help us deliver targeted advertising to consumers, to analyze interactions with and performance of our Site, measure the effectiveness of advertising on behalf of our advertising partners, and to identify the audience most likely to respond to an advertisement. We may also use data from third parties (such as data vendors) pursuant to their own privacy policies, and provide access to or share non-personally identifiable information with any number of third parties, including but not limited to business partners, affiliates and advertising clients. Similarly, we may enhance the non-personally identifiable information collected via our Site with such information collected from our business partners. We believe that the use of such information is helpful to providing users with better services. However, if you would like to opt-out of these interest-based advertisements, please follow the opt-out process described below under “Opt-Out.”

Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.

Marketing. We may use information, including Personal Information, to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.

Non-Personal Information and Aggregate Data. We may use Non-Personal Information as well as any anonymized and aggregated data collected through the Site for any purpose. These uses may include but are not limited to analyzing interactions with and performance of the Site, enabling us to improve our Site and services, and sharing such information with our business partners, affiliates, or any other third party. Similarly, we may enhance any such Non-Personal Information collected via our Site with other non-personal information collected from our business partners.

TOMMY JOHN MAY DISCLOSE YOUR INFORMATION

We may share your information:

  • with our third-party service providers;
  • to comply with legal obligations;
  • to protect and defend our rights and property; and
  • with your permission.

We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Site.

Displaying to Other Users. The content you post to the Site may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information.

Marketing. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.

As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. The use of your Personal Information following any of the foregoing events should be governed by the provisions of this Privacy Policy in effect at the time such Personal Information was collected.

We may also disclose your Personal Information with your permission.

THIRD PARTY SITES AND SOCIAL MEDIA PLATFORMS

The Site may contain links to other websites and other websites may reference or link to our Site. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

The Site also contains links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Site. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at support@tommyjohn.com.

CHILDREN'S PRIVACY

We do not knowingly collect information from children under 13 and we do not want it. We will take steps to delete it if we learn we have collected it.

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Site is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at support@tommyjohn.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

INTERNATIONAL USERS

By using the Site, you will transfer data to the United States.

By choosing to visit the Site or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of New York and the adjudication of any disputes arising in connection with Tommy John or the Site will be in accordance with the Terms.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.

UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION

If you would like to update or correct any information that you have provided to us through your use of the Site or otherwise, or if you have suggestions for improving this Privacy Policy, please send an e-mail to support@tommyjohn.com.

CHANGES TO OUR PRIVACY POLICY AND PRACTICES

We may revise this Privacy Policy, so review it periodically. If you continue to visit this Site and use the services made available to you after such changes have been made, you hereby provide your consent to the changes.

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

Contact Information
Tommy John, Inc.
100 Broadway, 11th Floor, New York, NY 10005
support@tommyjohn.com