2. U.S. Governing Law
3. Collection and Use of Personal Information and Other Information
When we use the term “Personal Information” we mean information that would allow someone to identify you or contact you, such as your full name, postal address, e-mail address or telephone number. When we use the term “Other Information”, we mean any information other than Personal Information that may be collected about you (Personal Information and Other Information, together, the “Information”).
a. Information We Collect that You Provide Us
i. User Registration. To the extent we offer user registration on the Platform, to register as a member of the Platform, you are required to select a user name and password (together, your “User ID”) and may also be required to provide other Information, such as your email address and date of birth. Additional Information may be requested during the registration process (but not required).
ii. In Connection with Certain Features and Functions. We may also provide you with access to certain features or functions that we may offer on the Platform, such as message boards. To sign up for or participate in these features or functions, you may be required to provide us with certain Information about you in order for us to personalize and/or allow you to use such features and functions.
“Cookies” (which may be html files, Flash files or other technology) are text files that help store user preferences and activity. The Platform and/or third parties may use “cookies” and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Other Information automatically as you browse the Platform and the web.
By visiting the Platform, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your use of the Platform through these Tracking Technologies.
c. Use of Information
• Processing your registration with the Platform, such as verifying that your e-mail address is active and valid,
• Contacting you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use,
• Allowing you to participate in the public areas and/or other features of the Platform,
• Responding to your questions or other requests,
• Contacting you regarding your use of the Platform, for informational purposes related to the Platform or, in our discretion, regarding changes to the Platform’s policies,
• Improving the Platform or our services and for internal business purposes,
• Saving your password or other Personal Information, so you don’t have to re-enter it each time you visit the Platform,
• To otherwise maintain and administer your usage of the Platform and
• For other purposes disclosed at the time you provide Personal Information or Other Information.
4. Opting-Out of Certain Uses of Information Collected by Tracking Technologies Set By the Platform
With respect to the Tracking Technologies set by the Platform, you have a number of options:
• You can choose to delete most Tracking Technologies (other than Flash cookies) through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature. (See the “help” section of your browser for more information and see below for more information on removing Flash cookies.)
• You can choose to disable or turn most Tracking Technologies off (other than Flash cookies). Additional information on disabling or turning most Tracking Technologies off
may be available through your browser’s support feature. (See the “help” section of your browser for more information and see below for more information on removing Flash cookies.)
• You can choose to have the Device you use to access the Platform warn you each time a cookie or most other Tracking Technologies is being set (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the Device you use to access the Platform. Additional information on warnings and removal of warnings may be available through your browser’s support feature.
5. Sharing and Disclosure of Personal Information and Other Information
a. Sharing and Disclosure of Personal Information
TMS does not sell, rent, lease, disclose or otherwise share your Personal Information with third parties subject to the order of a court of competent jurisdiction or your prior written consent.
b. Sharing and Disclosure of Other Information
TMS may sell, rent, lease, disclose or otherwise share Other Information, such as aggregated user statistics, with third parties.
c. Disclosure of Certain Information in Postings Intended to Be Disclosed
Certain Personal Information associated with a Posting may be intended for disclosure (“Posting Information”), such as username. We will disclose Posting Information in connection with the display of, and other services relating to, such Posting.
d. Operational Service Providers
We also have the right to disclose your Personal Information and Other Information to third parties for the purpose of administering and maintaining the Platform’s services, features, functions and operations. We will refer to these third parties as “operational service providers”. We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to operational service providers for the purpose of providing services
e. Disclosure to Certain Other Third Parties
• When we are compelled to do so by a governmental agency, court or other entity (e.g.,to respond to subpoenas, court orders or legal process) or if requested by a governmental agency or other authority as part of an investigation;
with our legal and regulatory obligations or requests by law enforcement agencies or governmental authorities, including, without limitation the Equal Employment Opportunity Commission, the Office of Federal Contract Compliance Programs and similar state and local regulatory agencies; and/or
• In the event of a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination or corporate change involving us or our Affiliates.
6. Reviewing, Updating or Deleting Certain Information
To delete all records of your Personal Information from the Platform, please send an email to the Privacy Administrator by sending a communication to TMS through the “Contact” Page with the subject of “Privacy”.
If the burden or expense of providing access to your Information is disproportionate to the risks to your privacy or if the legitimate rights of others would be violated, we may decide not to provide access to such Information. In such cases, we will provide to you an explanation of why access cannot be provided and contact information for further inquiries.
7. Protection of Information
While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Platform, it is possible that third parties may unlawfully intercept or otherwise access transmissions or private communications over an unsecured transmission. We also limit access to the Platform by
our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our Operational Service Providers follow similar standards of security and confidentiality. Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Platform’s Privacy Administrator by sending a communication to TMS through the “Home” Page under “Quick Contact” with the subject of “Privacy”, and then immediately delete the fraudulent email from your computer.
a. Accuracy and Confidentiality
You are solely responsible for maintaining the strict confidentiality of your password, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not TMS, are solely responsible and liable for the activity, behavior, use and conduct on the Platform under your password (whether used by you or any others who use your password), unless and until you notify
us that your password may have been compromised, misappropriated or improperly taken or used by another party. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Platform if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions.
c. Sole Statement