This privacy policy applies between you, the User of this Website, and OR Tomlist (“Tomlist”), the owner and provider of this Website. Tomlist takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

This privacy policy should be read alongside, and in addition to, our Terms of Service, which can be found at: https://ds.tomlist.com/terms

Please read this privacy policy carefully.

Definitions and interpretation

1. In this privacy policy, the following definitions are used:

Data	collectively all information that you submit to Tomlist via the Website. This definition incorporates, where applicable, the definitions of “personal information” provided in the Personal Information and Electronic Documents Act (S.C. 2000, c.5), or any other applicable laws relating to the collection, use or disclosure of personal information (Collectively, the “Privacy Laws”).
Cookies	a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clauses below under the heading “Cookies”;
User or you	any party that accesses the Website and is not either (i) employed by Tomlist and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to or for Tomlist and accessing the Website in connection with the provision of such services; and
Website	the website that you are currently using, Tomlist.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. In this privacy policy, unless the context requires a different interpretation:

1. the singular includes the plural and vice versa;
2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
4. "including" is understood to mean "including without limitation";
5. reference to any statutory provision includes any modification or amendment of it;
6. the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

3. This privacy policy applies only to the actions of Tomlist and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links provided to social media websites.

Data collected

4. We may collect the following Data, which includes personal Data, from you:

1. name;
2. date of birth;
3. gender;
4. ethnicity
5. contact Information such as email addresses and telephone numbers;
6. demographic information such as postcode, preferences and interests;
7. payment methods;
8. IP address (automatically collected);
9. web browser type and version (automatically collected);
10. operating system (automatically collected);

in each case, in accordance with this privacy policy.

How we collect Data

5. Tomlist will collect Data directly from you in a number of ways, including:

1. when you contact us, or others, through the Website, by telephone, post, e-mail or through any other means;
2. when you register with us and set up an account to receive our products/services;
3. when you make payments to us, through this Website or otherwise;
4. when you elect to receive marketing communications from us;
5. when you use our services;
6. payment processors;

in each case, in accordance with this privacy policy.

6. To the extent that you access the Website, we will collect your Data automatically, including:

1. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
2. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".

How we use your Data

7. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

1. internal record keeping;
2. improvement of our products / services;
3. transmission by email of marketing materials that may be of interest to you, but only if you consent to receiving such materials or as permitted by applicable law;
4. contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website;

in each case, in accordance with this privacy policy.

8. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).

9. For the delivery of direct marketing to you via e-mail, we’ll need your consent, whether via an express opt-in or soft-opt-in permitted by applicable law:

1. soft opt-in consent is a specific type of consent which applies in certain circumstances when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are responding with the requested details). Under “soft opt-in” consent, we will take your consent as given unless you opt-out.
2. for other types of e-marketing, when you provide us with your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we’ll provide.
3. if you are not satisfied about our approach to marketing, you have the right to withdraw your consent at any time. To find out how to withdraw your consent, see the section headed “Your rights” below.

10. When you register with us and set up an account to receive our services, we will contact you by email or otherwise in association with the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

11. We may use your Data to show you Tomlist adverts and other content on other websites. If you do not want us to use your Data to show you Tomlist adverts and other content on other websites, please turn off the relevant cookies (please refer to the section headed “Cookies” below).

Who we share Data with

12. We may share your Data with the following groups of people for the following reasons:

1. any of our group companies or affiliates - for the purpose of marketing where relevant;
2. our employees, service providers, agents and/or professional advisors - for the purpose of administration and operation of the Services, training, customer support and on-going product or service improvements;
3. any of our group companies or affiliates, our customers or the public – for the purpose of protecting against harm to their rights, property or safety;
4. relevant authorities, such as law enforcement - to facilitate the detection, prevention, or investigation of a crime or offence, or in connection with other lawful requests for your Data;

in each case, in accordance with this privacy policy.

Keeping Data secure

13. We will use technical and organisational measures to safeguard your Data, for example:

1. access to your account is controlled by a password and a user name that is unique to you.
2. we store your Data on secure servers.
3. payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when we use this technology).

Please be aware though that, despite these efforts, no measures are perfect and no systems are impenetrable. You should carefully consider which Data you choose to share with us or make available via the Website. You should take care to use suitably strong passwords that others cannot guess, that are kept safe by you, and that are not re-used elsewhere. If you believe your password has been compromised, you should change it immediately.

14.Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address:legal@Tomlist.com

Transferring your Data

15. We may transfer Data that we collect or that you provide as described in this policy to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with website improvement and optimization) and who are contractually obligated to keep Data confidential, use it only for the purposes for which we disclose it to them, and to process the Data with the same standards set out in this policy.

16. We may process, store, and transfer your Data outside of Canada. These other countries may have different privacy laws or may or may not have privacy laws as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your Data through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this policy and applicable Canadian privacy legislation.

17. By submitting your Data or engaging with the Website, you consent to this transfer, storage, and processing.

Data retention

18. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.

19. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

20. You have the following rights in relation to your Data:

1. Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
2. Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
3. Right to erase - the right to request that we delete or remove your Data from our systems.
4. Right to restrict our use of your Data - the right to “block” us from using your Data or limit the way in which we can use it.
5. Right to data portability - the right to request that we move, copy or transfer your Data.
6. Right to object - the right to object to our use of your Data including where we use it for our legitimate interests

21. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data please contact us via this e-mail address: legal@Tomlist.com

Links to other websites

22. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

23. Tomlist may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Tomlist. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

24. We may also disclose Data to a prospective purchaser of our business or any part of it for the purpose of evaluating the viability of the transaction.

25. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Cookies

26. This Website may place and access certain Cookies on your computer. Tomlist uses Cookies to improve your experience of using the Website and to improve our range of products. Tomlist has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

27. This Website may place the following Cookies:

Type of Cookie	Purpose
Analytical/performance cookies	These allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies	These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, chat preferences, your choice of language or region).
Targeting cookies	These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

28. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser

29. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

30. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

31. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

General

32. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

33. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

34. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

Changes to this privacy policy

35. Tomlist reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

You may contact Tomlist by email at legal@Tomlist.com