Last modified: July 17, 2019
TH2connect, LLC d/b/a the Togo Group (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This privacy policy explains how we collect, process, use, store and disclose your personal data, as well as your rights associated with that data.
Please also use the Glossary at the end of the document to understand the meaning of some of the terms used.
The data we collect about you
How we collect your personal data
We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. We may combine Technical Data (some of which will be anonymous) with other personal data we have collected from you in order to understand and measure your online experiences and determine what products, promotions and services are likely to be of most interest to you.
The technologies we use for this automatic data collection may include:
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
Third parties or publicly available sources. We may receive personal data about you from various third parties including our business partners and certain public and technical sources:
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on our websites and other Services are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
Unsolicited personal data.
If we receive personal data that we have taken no active steps to collect (such as a job application sent to us by an individual on their own initiative, rather than in response to an advertisement), then we may keep that personal data if it is reasonably necessary for one or more of our functions or activities. We will destroy it or ensure it is de-identified, provided it is lawful and reasonable to do so.
How and why we use your personal data
We will only use your personal data when the law allows us to and typically only in the circumstances and for the purposes set out in the table below. Please see the Glossary for an explanation of the expressions used in the table.
Purpose/Activity |
Type of data |
Lawful basis for processing |
New customers: To provide, administer, protect, and enhance our Services, to enhance user experiences, and to develop new Services |
(a) Identity (b) Contact (c) Profile |
Performance of a contract with you |
Provide services: To provide our Services to you, including: register your account(s) and purchased subscriptions and Services, and to provide customer support (including assisting you with your account and solving other problems you may experience) |
(a) Identity (b) Contact (c) Profile (d) Financial (e) Transaction (f) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) |
Relationship management: To manage our relationship including: inform you about changes or enhancements to our Services and changes to our Services, terms of use, and policies |
(a) Identity (b) Contact (c) Profile (d) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our Services) |
Improve Services: To constantly improve our Services, tailor them to your needs, develop new Service ideas and inform you of any changes to our Services |
(a) Identity (b) Contact (c) Profile (d) Marketing and Communications |
a) Performance of a contract with you (b) Necessary for our legitimate interests (to keep developing and improving our Services in line with customer expectations) |
Promotions/ Advertisements: to communicate about, promote, and administer our Services, events, programs, and promotions (including sending marketing communications, promotional materials, notices, alerts, newsletters and conducting sweepstakes and contests) |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our Services, to develop them and grow our business) |
Technical maintenance: To administer and protect our business, content, websites and mobile apps including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data and monitoring for unauthorized use |
(a) Identity (b) Contact (c) Technical (d) Usage (e) Marketing and Communications (f) Transaction (g) Location |
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security and to prevent fraud) (b) Necessary to comply with a legal obligation (c) Performance of a contract with you |
Data analytics: To perform data analysis to: improve and personalize your experience on our platforms |
(a) Technical (b) Usage (c) Identity (d) Profile (e) Marketing and Communications |
Necessary for our legitimate interests (to define types of customers for our Services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
Promote our Services: To provide you with information and ads about third party offers, merchants, attractions, locations, and Services which may be nearby or which otherwise may be of interest to you
|
(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Location (g) Marketing and Communications |
Necessary for our legitimate interests (to develop our Services and grow our business) |
Safety and security: To verify your identity and to protect against unauthorized transactions, fraud, and other unlawful activity, claims and other liabilities, and to manage risk exposure and quality |
(a) Identity (b) Contact (c) Technical (d) Location (e) Vehicle-sourced data (f) Usage |
(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to help reduce vehicle damage and ensure the safety of our customers) |
Other: To carry out our obligations and enforce our rights arising from any contracts entered into between you and us (including for billing and collection); to conduct investigations; to comply with and enforce applicable legal obligations, relevant industry standards, other contractual obligations, and our terms, policies and procedures
|
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical |
(a) Performance of a contract with you (b) Necessary to comply with a legal obligation |
Marketing
We aim to provide you with choices about how your personal data is used for marketing and advertising purposes.
You will only receive marketing communications from us if you have opted in or consented to receiving those communications. We may use your personal data collected in those circumstances to contact you and keep you up to date with the latest news, events, special offers and promotions of our brands, including by email, text messages or post.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the registration form). For more information, see Choices About How We Use and Disclose Your Information.
You can update your subscription preferences or unsubscribe from marketing communications at any time by following the update preferences or unsubscribe instructions provided in each such communication, or alternatively by contacting us by clicking here.
We may display advertising for you to see on third party websites, including social media sites such as Facebook. We do this by matching information about your activity on Togo Group websites with information collected on third party sites. That may involve using your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider we need to use it for another reason compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us by clicking here.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
How we share your personal data
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may have to share your personal data with the following parties for the purposes set out in the table in paragraph 4 above or for other purposes directly related to the purpose for which the information was collected.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our Terms of Use and other agreements.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Togo Group Companies, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Choices about How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.
International transfers
For the most part, your personal data is collected, stored and processed outside the European Economic Area (EEA).
If we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented.
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
Where we have entered into EU-approved standard contractual clauses with the recipient to give personal data the same protection it has in Europe.
Where we use providers based in the US, we may transfer data to them if they demonstrate an adequate level of data protection in compliance with applicable law.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
Your rights
Depending on your jurisdiction, you may have the following rights in relation to your personal data.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@th2.com or write us at: Togo Group, Attn: Privacy, 601 E. Beardsley Ave., Elkhart, IN 46514.
If you wish to exercise any of the rights set out above, please contact our Data Protection Officer (see section 12 below).
No fee usually required: You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. If we choose to deny your request, we will inform you of the decision and your right to complain to the supervisory authority within the one month deadline.
What we may need from you: We may need to request specific information from you to help us confirm your identity and ensure that personal data is not disclosed to any person who has no right to receive it.
Time limit to respond: We respond to all legitimate requests without undue delay and at the latest within one month. Occasionally, if your request is particularly complex or you have made a number of requests, we may need to extend this by up to a period of two months, in which case we will notify you and keep you updated.
Security of your personal data
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or from our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures provided in connection with any of our Services.
In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means and the applicable legal requirements.
Contact Details
EU Supervisory Authorities: If you are an EU data subject and feel that your personal data has been processed in a way that does not comply with the GDPR, you may lodge a complaint with the relevant supervisory authority in your country. We would, however, appreciate the chance to deal with your concerns before you approach them, so please contact us in the first instance.
Data Protection Officer: We have appointed a data protection officer (DPO) who is responsible for overseeing privacy issues for the Togo Group Companies. If you have any questions or complaints about this Policy, including any requests to exercise your rights in relation to your personal data, please contact the DPO using the details set out below.
Name: Mark Taylor
Email address: privacy@togogroup.io
Postal Address: Private Bag 92133, Auckland, New Zealand 1142
EU Representative: We have appointed an EU Representative whose tasks are to serve as a contact person for supervisory authorities and data subjects and can be contacted as follows:
Email address: privacy@togogroup.io
Changes to the Privacy Policy and your duty to inform us of changes
This version was last updated on 13 September 2018. We reserve the right to update and change this Privacy Policy at any time by posting changes on this webpage, applicable mobile apps or via other channels that we think are suitable. It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the www.togogroup.io home page. The date the privacy policy was last revised is identified at the top of the page.
You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting www.togogroup.io and this privacy policy to check for any changes. Please keep us informed if your personal data changes during your relationship with us.
Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
GLOSSARY
Comply with a legal or regulatory obligation means processing your personal data where that is necessary for compliance with one of more of our legal or regulatory obligations.
Data controller means whomever determines the purposes and means of processing personal data.
Legitimate Interest means our interests in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Performance of Contract means processing your data where that is necessary under a contract with you or to take steps at your request before entering into such a contract.
Personal data means any information about an individual that can be used to identify that person directly or indirectly by reference to a range of identifiers. It does not include anonymous data where the identity of the individual has been removed.
Processing means any operation or set of operations performed on personal data.
Processor means the entity that processes personal data on behalf of the controller.