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Effective Date of Current Policy: March 1, 2018

Last Updated Date of Current Policy: March 1, 2018

This Privacy Policy is incorporated by reference into the Tommy John, Inc. Terms and Conditions (the "Terms"). The term "Tommy John," "we," and "us" includes Tommy John, Inc. and our affiliates and subsidiaries.  Please read the following to learn more about our Privacy Policy.  By using or accessing the Services in any manner, you acknowledge that you accept the practices outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways. The Privacy Policy explains how Tommy John may:

  • collect;

  • use; and

  • disclose

personally identifiable information ("Personal Information")we obtain through the website located at www.tommyjohn.com (the "Site"), through our catalogs, and through visits to our retail stores, sample sales, and warehouse sales (collectively, the "Services"). We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our Services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

All other terms not defined herein will have the meanings set forth in the Terms.

What Information Does Tommy John Collect?

We collect and store information (including Personal Information) when you choose to provide it to us including when you:

  • register to use the Site;

  • use the Services, including when you purchase a Product; and

  • communicate with us, including by calling us using a telephone, filling out a Tommy John survey, or signing up to receive e-mails from us.

Information You Provide. We receive and store certain information you knowingly provide to us. For example, through the registration process on the Site, we may collect Personal Information such as your name, email address, phone number, geolocation data, birthday, and shipping address.

Using the Site. We also collect information you post through the Site. For example, when you interact with other users on the Site by posting a review or other materials, the Site will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content to any public area of the Site, such content will be considered "public" and will not be subject to the privacy protections set forth herein. We also collect information by using cookies, pixels, server logs, and other similar technology as you use the Site. Please note that we may use third party service providers to help operate the Site and these third party service providers will collect information directly from you on our Site as well.

Making Payments. When you make payments through the Services, you may need to provide Personal Information such as your credit card number. For purchases made through the Site, you may be required to provide certain Personal Information to our third-party payment processor in order to complete your purchase.

Communications with Us. We may also collect Personal Information from you when you choose to communicate with us. For example, you may choose to send us Personal Information in an email to us, when you place a phone call to us, and when signing up for an account, newsletter, or other service. By providing your email address to us, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested, or to send information about other products or services developed or provided by us or our partners, provided that, we will not give your email address to another party to promote their products or services directly to you without your consent. If you contact us, we may keep a record of that correspondence.  We may also receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improves our Services.

Surveys. From time to time, we may contact you to participate in online surveys. If you do decide to participate, you may be asked to provide certain Information which may include Personal Information. All information collected from your participation in our surveys is provided by you voluntarily. We may use such information to improve our products and Services and in any manner consistent with the policies provided herein.

Cookies, Automatic Data Collection, and Related Technologies. The Site collects and stores information that is generated automatically as you use it, including your preferences and usage statistics.

Analytics service providers.  To support and enhance the Services, we use third-party analytics services, including those provided by Bounce Exchange, Inc., Dynamic Yield, Inc., and Google Inc. (collectively, "Third Party Analytics Services") to analyze how you interact and engage with the Services so that we can learn and make enhancements to offer you a better experience. The Third Party Analytics Services may use cookies, web beacons and/or other technologies to collect information about your use of the Services and other websites, and they may track your activity on the Services and other websites over time. Information collected by the Third Party Analytics Services may include your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. Information from Third Party Analytics Services may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver content targeted to your interests on our Services and other websites, and better understand your online activity.  Google Inc.'s ("Google") ability to use and share information collected by Google Analytics about your use of the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy.

When you visit the Site, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies, pixels/web beacons, and similar technology. Cookies are small text files placed in visitors' computer browsers to store their preferences, including preferences and information about your online activity after you leave our Services. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.

A pixel is a piece of code embedded on the Site that collects information about users' engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.

By using the Site, you are authorizing us to gather, parse, and retain data related to the provision of the Site.

Opt-Out. 

If you do not want to receive email communications from us, please indicate your preference by e-mailing us as support@tommyjohn.com.  As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp and www.aboutads.info/choices/.  You have the option to opt out of Google's use of cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/

To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device.

Please note that we do not respond to or honor "do not track" (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. We will process your request within a reasonable time after receipt. We are not responsible for removing your Personal Information from the lists of any third party who has previously been provided with your information in accordance with this policy.

How Tommy John Uses Your Information

We use Personal Information to

  • facilitate and improve our Services; and

  • communicate with you.

We may use your email address and any other Personal Information that you provide to us for the purposes outlined herein, including to send you marketing materials for our Products and Services.

Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes, and may also provide it to third parties to allow us to facilitate the Services. We may use and retain any information we collect to provide and improve our Services. We may also use such information to help us deliver targeted advertising to consumers, to analyze interactions with and performance of the Services, measure the effectiveness of advertising on behalf of our advertising partners, and to identify the audience most likely to respond to an advertisement. We may also use information from third parties (such as data vendors) pursuant to their own privacy policies, and provide access to or share information with any number of third parties, including but not limited to business partners, affiliates, and advertising clients. Similarly, we may enhance the Non-Personal Information collected via our Services with such information collected from our business partners. We believe that the use of such information is helpful to providing users with better Services. However, if you would like to opt-out of some of these interest-based advertisements, please follow the opt-out process described under the section titled "Opt-Out."

Communications. We may send emails to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance. 

The Services may also allow you to receive SMS, MMS, or other text message notifications from us (each a "Text Message"). To the extent you voluntarily opt to have Text Messages from us sent directly to your mobile phone, the following terms apply:

In addition to any fee of which you are notified, your mobile provider's standard messaging rates apply to our confirmation Text Message and all subsequent Text Message correspondence. Message and data rates may apply, according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier's pricing plan to determine the charges for browsing data and sending and receiving text messages. Under no circumstances will Tommy John or its affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive Text Messages from us. You can opt-out of receiving any further Text Messages from us by replying "STOP" to any Text Message you receive from us.

We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. Data obtained from you in connection with a Text Message service may include your cell phone number, your provider's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the Services you request from us.

Marketing. We may use information, including Personal Information, to facilitate transmittal of information that may be useful, relevant, valuable, or otherwise of interest to you.

De-Identified Personal Information and Aggregate Data. We may de-identify certain of your Personal Information so that you are not identified as an individual, and we may use certain anonymized and aggregated data collected through the Services for any lawful purpose. These uses may include but are not limited to analyzing interactions with and performance of the Site, enabling us to improve our Site and Services, and sharing such information with our business partners, affiliates, or any other third party. Similarly, we may enhance any such de-identified information and aggregate data collected via our Services with other non-personal information collected from our business partners.

Tommy John May Disclose Your Information

We may share your information:

  • with our third-party service providers;

  • to comply with legal obligations;

  • to protect and defend our rights and property; and

  • with your permission.

We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

De-Identified Personal Information and Aggregate Data. We may de-identify your Personal Information so that you are not identified as an individual, and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience.

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Services. For example, we may use a payment processing company to receive and process your credit card transactions for us.

Displaying to Other Users. The content you post to the Site may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information.

Marketing. We may allow access to other information collected by the Services to facilitate transmittal of information that may be useful, relevant, valuable, or otherwise of interest to you. For example, we may share certain information with service providers that provide certain marketing services to us, including with third party advertisers in order to suggest relevant products and offers for you, or to perform certain modeling services. Additionally, we may share Personal Information, aggregate information and/or de-identified Personal Information with our business partners, affiliates, or any other third party for their own marketing purposes. For example, we may share:

  • Aggregated information or de-identified Personal Information with certain partners regarding how often and in what ways people use the Services, so that they can provide you with an optimal online experience.  

  • Personal Information with certain partners in order to print shipping addresses onto items purchased using the Services, and for segmentation of email addresses to provide you with more relevant email content.

As Required By Law and Similar Disclosures. We may access, preserve, and disclose your information, including Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours', ours' or others' rights, property, or safety.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be disclosed, sold or transferred as part of such a transaction as permitted by law and/or contract. Unless indicated otherwise, the use of your Personal Information following any of the foregoing events should be governed by the provisions of this Privacy Policy in effect at the time such Personal Information was collected.

Third Party Sites and Social Media Platforms

The Services may contain links to other websites and other websites may reference or link to our Services. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen, or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

The Services also contain links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Services. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform, or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your Information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

Security Of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at support@tommyjohn.com.

Children's Privacy

We do not knowingly collect information from children under 13 and we do not want it. We will take steps to delete it if we learn we have collected it.

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Services is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at support@tommyjohn.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child's account.

International Users

By using the Services, you will transfer data to the United States.

By choosing to use the Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of New York and the adjudication of any disputes arising in connection with Tommy John or the Services will be in accordance with the Terms.

Update Your Information Or Pose A Question Or Suggestion

If you would like to update or correct any information that you have provided to us through your use of the Services or otherwise, or if you have suggestions for improving this Privacy Policy, please send an e-mail to support@tommyjohn.com.

California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: support@tommyjohn.com.

Changes To Our Privacy Policy And Practices

We may revise this Privacy Policy, so review it periodically.  If we do need to change this Privacy Policy, we will endeavor to alert you to changes by placing a notice on the Site or by some other means.  If you continue to visit this Site and use the Services made available to you after such changes have been made, you hereby provide your consent to the changes.

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on the Site, and the revised version will be effective when it is posted. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

Contact Information

Tommy John, Inc.

100 Broadway, 11th Floor, New York, NY 10005

support@tommyjohn.com