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This is the privacy policy (“Privacy Policy”) for the LOTUS TMS Platform and the TMS mobile application (“App”),(individually or collectively referred to as the “Platform,” “we,” “us,” or “our”), a platform that connects consumers with service providers (“TMS”), which, for the purposes hereof, shall include any information submitted through third party websites directly linked from the Platform that permit online submission to TMS, as further discussed herein.
Notwithstanding the foregoing, all information and data submitted through any third-party website will also be subject to such third party’s privacy policy. For purposes of clarity, this Privacy Policy does not apply to information collected offline or otherwise outside of scope of the Platform, as set forth above.
By using the Platform, you agree to accept the terms of this Privacy Policy. TMS may amend this Privacy Policy from time to time. If TMS makes any substantial changes in the types of information TMS collects or how TMS uses such information, TMS will inform you of such changes in accordance with the terms of this Privacy Policy.
This Privacy Policy applies whether you are accessing the Platform or using the App via a personal computer, a mobile device, user interfaces, or any other technology or devices now known or hereafter developed or discovered (each, a “Device”) and whether you are accessing the Platform and/or App as a registered user or other user of the Platform. This Privacy Policy governs only the Personal Information and Other Information (as those terms are defined below) collected by the Platform and does not cover any such information collected in any other manner or by any other website offered by TMS and/or any parents, subsidiaries and affiliates of TMS (collectively, “Affiliates”) or collected by any other company, unless specifically stated.
This Privacy Policy, as amended from time-to-time, will remain in full force and effect even if your use of or participation in the Platform or any particular service, feature or function offered through the Platform terminates, expires, ceases, is suspended or deactivated for any reason. If you do not agree with this Privacy Policy, please do not access the Platform or any features or services offered through the Platform.
The Platform is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Platform is operated in accordance with the laws or regulations of, or governed by, other nations. By using the Platform, you certify that you meet the age and other eligibility requirements for this Platform as set forth in our Terms of Use, as applicable. If you do not meet the age and other eligibility
requirements, if any, please discontinue using the Platform immediately as your continued use of the Platform indicates that you are agreeing to the collection, use, disclosure, management and storage of your Information as described in this Privacy Policy. If you are located outside of the U.S., you use this Platform at your own risk and initiative and you, not TMS, are responsible for compliance with any applicable local and national laws. Please be aware that any Personal
Information and Other Information you provide to TMS or we obtain as a result of your use of this Platform will be collected in the U.S. and/or transferred to the U.S. and subject to U.S. law. By using this Platform and/or providing us with your Personal Information and Other Information, you (i) consent to the transfer and/or processing of any Information to and in the U.S., (ii) acknowledge that U.S. law may provide a lower standard of protection for personal data than the laws of your location and (iii) understand that we will collect, transfer, store, process and/or deal with your Information in accordance with this Privacy Policy and U.S. law. Consequently, to the full extent permitted by law, you hereby waive any claims relating to the processing of your Personal Information or Other Information in accordance with this Privacy Policy that may arise under the laws and regulations that apply to you in or of any other country
or jurisdiction.
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”).
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.
As set forth in this Privacy Policy, we may sell, rent, lease, disclose or otherwise share Information with Affiliates. We and Affiliates, use the Information we collect from you in a variety of ways, including:
• 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.
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.
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.
TMS may sell, rent, lease, disclose or otherwise share Other Information, such as aggregated user statistics, with third parties.
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.
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
to us.
In addition, TMS may share your Personal Information as set forth in this Privacy Policy or in the following limited circumstances:
• 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;
• If we believe your actions violate any law, rule, regulation and/or the Terms of Use, including, without limitation, this Privacy Policy;
• If, in our sole discretion, we believe such disclosure to be necessary or appropriate: to investigate or resolve possible problems or inquiries; to protect our business and assets or the rights, property or safety of the Platform, the Affiliates, or any of its or their licensors, suppliers, customers, users, or any other party; to limit our legal liability; to defend our interests; to enforce this Privacy Policy or the Terms of Use and/or to comply
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.
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.
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.
We reserve the right to revise this Privacy Policy at any time by posting an updated Privacy Policy without advance notice to you. Such revisions shall be effective immediately upon posting. Notice of material changes will be posted on the Platform’s homepage and/or will be provided by e-mailing you or notifying you upon login about these changes; the form of such notice is at our discretion. However, we encourage you to check this Privacy Policy and Terms of Use often for updates.
It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information. We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.
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.
If you have questions about this Privacy Policy or if you do not understand any information about how we collect, maintain, use or share your Personal Information or Other Information, you may contact us directly by clicking here, and sending a communication to TMS through the “Contact” Page with the subject of “Privacy”.
This document is the sole statement of the Platform’s Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, but not limited to, machine-generated, is valid.
Please review our Terms of Use which governs your use of the Platform. Any terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Use.
This Privacy Policy was last modified on the date indicated above and is effective immediately.