Effective September 3, 2022

This Privacy Policy (“Privacy Policy”) is a legal agreement between you or an entity that you are representing (“you”, “your”) and Tyme Commerce, Inc., a Delaware corporation (“Tyme Commerce”, “we”, “our” or “us”) and governs your use of the products and services made available to you directly or indirectly by us, including websites (including our website available at https://tyme.ai) (the “Website”), software, hardware, mobile applications, cloud-based software, systems or services, application programing interfaces (APIs), any other technology, and content made available by us, and any other products and services made available by us to you (collectively, the “Services”).

The Terms and Conditions agreement (the “Agreement”) available at our Website governs your use of the Services, and in connection with that Agreement and as a condition to using the Services, you agree to accept and be legally bound by this Privacy Policy. If you are accessing the Services on behalf of an entity (for example, a company, non-profit entity, university, or other business or organization), you represent to us that you have authority to bind that entity to this Privacy Policy, and that entity accepts this Privacy Policy, and the term “you” or “your” will apply to such entity.

This Privacy Policy applies to all of our Services. By using any of the Services, you agree to this Privacy Policy and to any other agreements or policies referenced within this Privacy Policy. If you do not agree to this Privacy Policy, you are not allowed to use the Services.

1. Collection of Data.
   
   1. In connection with accessing our Services, we may collect information from you which can be used to identify you (“Personal Information”), such as your name, shipping/billing address, email address, phone, username and password.
   2. We collect information when you register or open an account, sign in, pay a bill, purchase or subscribe to a Service, call us for support, or give us feedback. We may also obtain information from other companies or third parties, such as when you sync a third party account or service with your Service, or when we may use service providers to supplement the Personal Information you give us (e.g., validate your mailing address) to help us maintain the accuracy of your data and provide you with better service. Finally, we also collect content or other information that you may provide or create when you interact with our Services.
   3. Information you give us. We also collect information about you that you give us by filling in forms on our website or by corresponding with us by phone, e-mail or otherwise. This may include information you provide when you search for a product, place an order on our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The Personal Information and other information that you provide to us may include your name, address, e-mail address and phone number, financial and credit card information, credit reports about you and a personal description of you.
   4. We may also automatically collect certain usage information when you access our Services (“Usage Data”), such as Internet Protocol (“IP”) addresses, log files, unique device identifiers, pages viewed, browser type, any links you click on to leave or interact with our Services, and other usage information collected from cookies and other tracking technologies. For example, we may collect IP addresses to track and aggregate non-personal information, such as using IP addresses to monitor the regions from which users navigate to our Services. We may also collect IP addresses from users when they log into the Services as part of our log-in and security features. If applicable and if you enable location-based Services, we may also collect Global Positioning System (GPS) location data and/or motion data. The information that we collect about you may also include other technical information, your login information, browser type and version, time zone setting, browser plug-in types and versions, and your operating system and platform. We may also collect other information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
   5. Information we receive from other sources. We may also collect information about you that we receive if you use any of the other websites we operate or the other services we provide. In this case, we will separately inform you when we collect that data if we intend to share such data internally and combine it with data collected on this website, and we will also separately tell you for what purpose we will share and combine your data. We may collaborate with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies).
   6. Our Services may change over time and we may introduce new features that may collect new or different types of information.

2. Use of Data
   
   1. Unless prohibited by law, regulation, or a contractual obligation, we may use your information, including your Personal Information, for the following purposes:
      
      1. We may use your name, address, phone number, and email address to register your account for certain Services we provide and to communicate important information to you. We may obtain additional Personal Information about you, such as address change information, from commercially available sources, to keep our records current. If you set up an administrator account that may be accessed by people other than you, please note that they may see and have the ability to change or delete your Personal Information.
      2. We may use your information to communicate with you about our Services and to give you offers for third party products and services that we think may be of use to you. Please see Section 3 below for the choices you have regarding these communications.
      3. We may use your information to personalize or customize your experience and the Service, develop new features or services, and to improve the overall quality of the Services.
      4. We may use your information to operate our business, including providing Services you requested, provide you with support related to our Services, and to help us protect our Services, including to combat fraud and protect your information.
      5. We may use your name, address, phone number, email address, how you interact with our Services, and information about your computer configuration to resolve questions you may have about our Services and to follow up with you about your experience. We also offer various Internet chat services, for example, to speak with a support representative or other advisor. Internet Chat transmissions may be intercepted by third parties, so you should not supply more Personal Information than is reasonably necessary to address your specific issue. We may retain a transcript of any Chat session to resolve questions or issues related to our Services.
      6. We may use any information you volunteer in surveys you answer for us and combine them with answers from other customers in order to better understand our Services and how we may improve them.
      7. We may prepare and share information about our customers with third parties, such as advertisers or partners, for research, academic, marketing and/or promotional purposes. This information may be anonymized, such that it does not identify you personally. For example, we may share demographic data that describes the percentage of our customers who use mobile services or who use a particular operating system. We or our third party partners may publicly report the aggregated findings of the research or analysis, but we may do so in a way that would not allow you or any other person to be identified.
      8. You may be able to log into our Services using a shared credential pass-through mechanism, where you log into our Services using credentials provided by another party, or where we use your login credentials for the Services to give you access to services operated by other parties. For example, you may use your Gmail or Facebook credentials to log into our Services. In such cases, we may collect and share with the respective third parties certain information for security purposes in order to verify your authorized access to an account or to reset your password if you cannot access your Services account. Some Services may require added security and you may be asked to provide additional information. The email address and password that you use to sign up for a Services account are your “credentials” that you will use to authenticate with our platform. We may assign a unique ID number to your credentials to track you and your associated information. Our Services do not allow sharing of accounts between users or individuals, and you will not share your Services account with any other party. You will also not use another party’s Services account.
      9. We may use information, including Personal Information, within the scope of any rights granted to us in the Agreement or as otherwise permitted under the Agreement.
   2. From time to time, we may need to share your Personal Information with other parties, as follows:
      
      1. We may share your information, including Personal Information and Usage Data, with third party service providers who perform various functions to enable us to provide our Services and help us operate our business, such as website design, sending email communications, fraud detection and prevention, customer care, or performing analytics. Our contracts with these third parties require them to maintain the confidentiality of the Personal Information we provide to them, only act on our behalf and under our instructions, and not use Personal Information for purposes other than the product or service they’re providing to us or on our behalf.
      2. We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief we’re required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant, or other law enforcement request.
      3. We may share account information, Personal Information and Usage Data when we believe it is appropriate to enforce or apply the Agreement or other agreements; or to protect our rights and property, the Services, our users, or others. This may include exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing Personal Information of our customers for commercial purposes in violation of this Privacy Policy.
      4. We may share your information with credit bureaus, consumer reporting agencies, and card associations to the extent not prohibited permitted by applicable laws. Late payments, missed payments, or other defaults on your account may be reflected in your credit report and consumer report. We may also share your information with other companies, lawyers, credit bureaus, agents, government agencies, and card associations in connection with issues related to fraud, credit, or debt collection.
      5. We may share your information, including your Personal Information, with and among our affiliates and subsidiaries, except where prohibited by law, regulation, or a contractual obligation. Affiliates and subsidiaries means companies related by common ownership or control. The reasons why we share your information include for our everyday business purposes, such as to: process your transactions, maintain your accounts, operate our business, facilitate access to your Services account, and so on. We may also share your information in order for us to be able to offer the Services and other products and services to you. We may also share information about your creditworthiness, your transactions and experience so that we can operate our business effectively, detect and prevent fraud, and improve our Services.
      6. If we sell, merge, or transfer any part of our business, we may be required to share or transfer your information, in which case we may share your information with, or transfer your information to the entity that operates the Services relevant to this Privacy Policy after such transaction, or.
      7. Other than as set out above, we will provide you with notice and the opportunity to choose when your Personal Information may be shared with other third parties.
   3. You may choose to sync certain Services with information from other financial accounts. To sync your financial account information, we must access your online account with your financial institution. We may request your user name, password, and any other login bank data that you have set up with your financial institution to enable access. We may use this information to update and maintain the account information you download, to assist with the download process, and to enhance the Services we may provide in the future.
   4. We work with other companies or developers to offer you products and services and you may choose to sync, link or connect other third party services with the Services. Sometimes we may let you know about the service or product, or another company may let you know about a service or product offered by us. It will be clear who is referring the service or product, and who is providing the service or product. If you choose to accept these services, providing your consent to either the third party or to us, we may exchange your information, including your Personal Information, as well as information about how you interact with each company’s service or product. This exchange of information is necessary to maintain business operations and to provide the ongoing service you’ve requested. By requesting or accepting these products or services, you are permitting us to provide your information, including your Personal Information, to the other party.

3. Managing Your Privacy.
   
   1. You can view and edit information that identifies you online through your account on the Services, or if not available there, you may ask us for a copy of your information that we hold. How you can access and control information that identifies you will depend on which Services you use. You have a choice about the use of information that identifies you, marketing communications you receive from us, and our use of cookies and other tracking technologies.
   2. We will honor your choices when it comes to receiving marketing communications from us. You have the following choices if you have been receiving marketing communications from us that you no longer wish to receive:
      
      1. Click the “unsubscribe” link in the email or newsletter you received.
      2. Adjust your settings in your Services account.
      3. For SMS messages, if applicable, reply “STOP” or follow the instructions in the message or settings to discontinue those communications.
      4. If applicable, our Services may send notifications to your mobile device. If you are receiving notifications from us on a mobile device and no longer wish to receive these types of communications, you may turn them off at the device level.
   3. Even if you choose nsellot to receive marketing communications from us, we will continue to send you mandatory service or transactional communications.
   4. Some of our Services may use social media features provided or shared with other parties (e.g., Facebook, LinkedIn, etc.). These features may collect your IP address and which page you are visiting within our Service, and may set a cookie to enable the feature to function properly. Social media features may be hosted by another party or may be hosted directly on our Services. Your interactions with these features are governed by the privacy statement of the party providing the relevant social media features.

4. Updating Your Personal Information.
   
   1. In connection with your right to manage your Personal Information you provide to us, you may access, update, change, correct or request deletion of your information either through the Service or through our Customer Support team. You can reach our Customer Support team by using the contact information provided on our website.
   2. If you have created an online account with us and would like to access, update, change, correct or delete the Personal Information you have provided to us, you may be able to access your account to view and make changes or corrections to your Personal Information directly through your account.

5. Cookies and Tracking Technologies

The following is a high-level summary of our practices and your controls for cookies and other tracking technologies.

1. 1. In accordance with applicable law, we and our service providers may use commonly-used tools to recognize your visit and track your interactions with our Services such as cookies, web beacons, pixels, local shared objects, and similar technologies (collectively, “Cookies”). Sometimes this tracking is necessary in order for us to provide you the Service you requested. Other times, we combine Usage Data collected from Cookies with that of other customers to improve your and other customers’ experience. You have control over some of the Usage Data we collect from Cookies and how we use it. Information on changing your browser settings to opt out of Cookies can be found in your browser settings.
   2. We may use advertising networks and other third parties to display advertising on our website or to manage our advertising on other sites. Our third party partners may place Cookies on our Services and unaffiliated websites in order to serve advertisements that may be relevant to you based on your browsing activities and interests, and to determine the effectiveness of such advertisements. If you wish to opt out of interest-based advertising, please contact us at the Customer Support link available on our website.
   3. You may also have the additional choices to opt-out of certain tracking by other parties through Cookies for such purposes, in which case you may use the tools available to you by such parties.
   4. Please note that even if you opt-out of such Cookies or otherwise opt-out of interest-based advertising, you may still receive advertisements, but they may not be tailored to your interests. Also, if you opt-out and later delete your Cookies, use a different browser, or buy a new computer, you may need to renew your opt-out choices.
   5. Like many other companies, our Services may not be configured to respond to browsers’ “Do Not Track” signals because at this time no formal “Do Not Track” standard has been adopted.

6. Data Retention
   
   1. In accordance with and as permitted by applicable law and regulations, we may retain your information as long as necessary to serve you, to maintain your account for as long as your account is active, as otherwise needed to operate our business to the extent permitted by applicable laws and consistent with the Agreement and this Privacy Policy, or as required by applicable laws. This may include our need to satisfy a legal, regulatory, accounting, or reporting requirement. When you close your account, we may continue to communicate with you about our Services, give you important business updates that may affect you, and let you know about products and services that may interest you, unless you have opted out of receiving marketing communications.
   2. We may also continue to use some of your information for business purposes and to improve our offerings or in some cases to develop new ones. We will retain and use your information as required by applicable regulations and by our records and information management policies to comply with our legal and reporting obligations, resolve disputes, enforce our agreements, complete any outstanding transactions and for the detection and prevention of fraud.
   3. In general, to determine the appropriate retention period for your Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information, and whether we can achieve those purposes through other means, and the applicable legal requirements.
   4. In general terms, we will retain your Personal Information for the duration of your involvement/engagement with us and for as long as reasonably necessary afterwards; however, we may maintain different retention periods for different types of Services. There are also certain types of information which are required to be retained for a certain period by applicable laws.

7. Security of Your Information
   
   1. Keeping your Information safe is important to us. We provide reasonable and appropriate security measures in connection with securing Personal Information we collect. For example, we:
      
      1. Work on an ongoing basis to update our security practices to implement accepted best methods to protect your Personal Information, and review our security procedures.
      2. Comply with applicable laws and security standards.
      3. Securely transmit your sensitive Personal Information.
      4. Train our staff and require them to safeguard your data.
      5. Transmit, store, protect, and access (or engage another party to transmit, store, protect, and access) your Cardholder Information in compliance with the Payment Card Industry’s Data Security Standards (PCI DSS) if we are handling payments for you using Credit Cards or other forms of payment governed by the PCI DSS standard.

8. International Data Transfers.
   
   1. In accordance with and as permitted by applicable law and regulations, we reserve the right to transfer your information, process and store it outside your country of residence to wherever we or our third party service providers operate.
   2. We may transfer your personal information to and process and store your information in other countries in compliance with applicable law. Some of these countries may have data protection laws that are different from the laws of your country (and, in some cases, may not be as protective). However, we have taken appropriate safeguards to require that your personal information remain protected.

9. How to Contact Us.

1. If you have questions or comments about this Privacy Policy, please contact us by email at
2. legal@tymecommerce.com.

10. Changes to this Privacy Policy.
    
    1. From time to time we may change or update our Privacy Policy. We reserve the right to make changes or updates to this Privacy Policy at any time. More information about how we will notify you is below.
    2. If we make material changes to the way we process your Personal Information, we will provide you notice via our Service or by other communication channels, such as by email or community post. Please review any changes carefully. If you object to any of the changes and no longer wish to use our Services, you may close your account(s). All changes are effective immediately upon posting and your use of our Service after a notice of material change or posting of an updated Privacy Policy shall constitute your consent to all changes.

11. Children’s Personal Information.
    
    1. We do not knowingly collect information from minors.
    2. Our Services are intended for and directed to adults. Our Services are not directed to minors and we do not knowingly collect Personal Information from minors.

12. California Privacy Rights.
    
    1. Your California Privacy Rights. California Civil Code Section 1798.83 entitles California customers to request information concerning whether a business has disclosed Personal Information to any third parties for their direct marketing purposes. We do not sell your Personal Information to other companies, and we will not share it with other companies for them to use for their own marketing purposes without your consent. For clarification, we have not sold any of your Personal Information in the last 12 months, and we have no plans to sell any of your Personal Information in the future.
    2. California Web Site Data Collection & “Do Not Track” Notices.
       
       1. Web Site Data Collection: We do not knowingly allow other parties to collect personally identifiable information about your online activities over time and across third-party web sites when you use our websites and services. We provide information about the opt-out choices available to customers, and the opt-out choices provided by certain third-party website and mobile application analytics companies we use here.
       2. “Do Not Track” Notice: Because the providers of “do not track” and similar signals do not yet operate according to common, industry-accepted standards, we currently do not respond to those signals. For more information on Do Not Track, please visit www.allaboutdnt.com.
    3. California customers who wish to request further information about our compliance with these requirements, or who have questions or concerns about our privacy practices and policies may contact us at the address listed in Section 9 above.