Effective Date of Current Policy: March 1, 2018
Last Updated Date of Current Policy: December 31, 2019
Tommy John respects the privacy of all visitors to its Website and is highly committed to maintaining the privacy of all such visitors. We will use your personal data to make sure that your orders will be handled as fast and easy as possible or that certain parts of the Website are more tailored to your interests. This statement describes how we care for your personal data and enforce our online security.
All other terms not defined herein will have the meanings set forth in the Terms.
2. Who We Are
Tommy John is responsible for the processing of your personal data and acts as the data controller for it. If you have any questions, feedback or want to know more about how your personal data is processed, or if you want to access, correct or remove your personal data, or you do not wish to receive email communications from us, please contact us at firstname.lastname@example.org.You may also write to us at: Tommy John, Inc. | 100 Broadway, 11th Floor, New York, NY 10005.
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.
3. What Data We Collect
Personal data are data that can be used to identify you as a person. We collect data in the following ways:
- If you place an order on our Website, we collect your name, e-mail, billing and shipment addresses in order to complete and deliver your order.
- To make your shopping experience as nice as possible we collect personal data about your orders and the use of our services. With this data we can personalize the Website and recommend products you might be interested in.
- If you create an online account at our Website, we will collect your personal data on a secure server. We store your billing and shipping address so that you do not have to fill in this information for any subsequent purchases.
- If you 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, we will collect your name and email address (and any additional data you may provide us with) to be able to respond to your questions or comments or to provide better service.
- We will inform you on new products, specials and other promotional activities by sending you our newsletter. If you no longer want to receive this newsletter, you can unsubscribe by using the relevant checkbox in the newsletter or send an email to email@example.com.
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, 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 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.
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.
4. What We Use Your Data For
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 our 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 aspect 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. 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.
5. How We May Share Your Data
We may share your information:
- with our third-party service providers;
- to comply with legal obligations;
- to protect and defend our rights and property;
In order to make certain services available to you, we may need to share your personal data with some of our service partners. These include IT, delivery, and marketing service providers.
Tommy John only allows its service providers to handle your personal data when we have confirmed that they apply appropriate data protection and security controls. We also impose contractual obligations on service providers relating to data protection and security, which means that they can only use your data to provide services to Tommy John and to you, and for no other purposes.
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 the 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.
6. Data Safety at Tommy John
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 there is a security system's breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email 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 firstname.lastname@example.org.
Our Website may include links to websites operated by third parties. Such third parties may collect personal data from visitors to their website. Tommy John cannot guarantee the content or privacy practices of any such third party websites and does not accept responsibility for such website. We recommend you to read the privacy policies of third party website.
7. We Do Not Keep Your Personal Data Longer Than Necessary
We will retain your information for no longer than necessary, taking into account the following:
- The purpose(s) and use of your information both now and in the future (such as whether it is necessary to continue to store that information in order to continue to perform our obligations under an agreement with you or to contact you in the future).
- We may have any legal obligation to continue to process your information (such as any record-keeping obligations imposed by relevant law or regulations).
- We may have any legal basis to continue to process your information.
- Any relevant agreed industry practices on how long information should be retained.
8. Privacy Shield Notice
We store our customer’s information in our databases in the United States. When personal data is processed, we make sure that appropriate safeguards are in place to protect your data.
This Privacy Shield Notice applies to Tommy John, Inc. which is subject to the investigatory and enforcement powers of the Federal Trade Commission.
You may write to us at:
Tommy John, Inc
11th Floor, New York, NY 10005
Tommy John has committed to refer unresolved privacy complaints under the Privacy Shield Principles to JAMS, an alternative dispute resolution provider located at 3800 Howard Hughes Parkway, 11th Floor, Las Vegas, NV 89169 United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim for more information and to file a complaint.
These recourse mechanisms are available at no cost to you.
Damages may be awarded in accordance with applicable law. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
Onward Transfers: In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the Privacy Shield, Tommy John is potentially liable. If we disclose your Personal Information to a third party acting as a data controller or as an agent, we will comply with, and protect the Personal Information as provided in, the Accountability for Onward Transfer Principle. We remain responsible for the processing of Personal Information received under the Frameworks and subsequently transferred to a third party acting as an agent if the agent processes such Personal Information in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage.
- Functional Cookies: These are vital for the running of our services on our websites and apps. Without the use of these cookies, parts of our websites would not function. These cookies store amongst other things language preferences, they make sure that you can put products in the shopping basket and you are able to pay your order. For example: We use these cookies to tell if you’re logged in to your account, which allows extra functionality, such as providing review to our products.
- Analytics Cookies: These collect information about your use of our website, and enable us to improve the way they work. This allows us to improve the quality and/or effectiveness of our website. For example, analytics cookies show us which are the most frequently visited pages on our websites allowing us to provide the most popular products always on ready to be delivered state.
- Third party Cookies: We also place third party cookies to enable the serving of our own advertisements, for example, for our subscriptions offers, on other websites. These advertisements will be based on your browsing behavior on our website and will be tailored to your interests. The information we gather from your visit is limited to page URLs. For instance, if you are particularly interested in a specific category of our products, the offer advertisements served to you will be mostly in reference to your interests.
Tommy John strives to provide you with relevant and personal information in a user-friendly way. For this we use different cookies and similar techniques (‘cookies’) on our websites and apps. We use functional and analytical cookies to provide for the best user experience. We, as well as third parties, also use tracking cookies on our websites and apps to show you customized advertisements and offers on our websites and apps, as well as on third party websites and apps. By continuing to use this website you agree to the use of these cookies.
You can turn off all cookies, in case you prefer not to receive them, and you can have your computer warn you whenever cookies are being used. Disabling cookies may prevent some web services from working correctly: it can limit the functionality of our Website and it is possible that you do not have access to some of the features on our Website.
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.
Please note that if cookie settings in your browser are changed, this may influence the functionality of our Website. You can adjust your browser settings to delete certain cookies or prevent them where you have not given express permission for them to be stored on your computer or mobile device.
This depends on which cookies you disable, but in general the website may not operate properly if cookies are switched off. If you only disable third party cookies, you will not be prevented from making purchases on our sites. If you disable all cookies, you will be unable to complete a purchase on our sites.
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.
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.
The Cookies we use on tommyjohn.com
We have listed below the tools which drop cookies/trackers that we and our partners use:
- Dynamic Yield
- Google Adwords Conversion
- Google Dynamic remarketing
- Double Click
- Google Tag manager
- Impact Radius
- Google Analytics
- Yahoo Analytics
10. Data Protection Officer
Tommy John has appointed a Data Protection Officer to ensure we protect the personal data of our customers (and others) and comply with data protection legislation.
If we have collected personal data from you on the basis of our legitimate interests, you can at all times object to the processing of your personal data by contacting us at email@example.com.
We will in that case stop the processing, unless we have compelling legal grounds for the processing which override your interest to stop the processing. If you do not agree with our decision in relation to your personal data, you have the following options:
- Contact us, so that we can try to resolve the issue together. You will find our contact details below.
- Lodge a complaint with the relevant supervisory authority.
- Ask the relevant supervisory authority to mediate to resolve the issue.
11. For our Customers in the European Union
Please note that there are few variations in laws in regards to certain subjects like Age, privacy rights, legal grounds for data processing etc. within GDPR from US laws.
Tommy John is responsible for the processing of your personal data and acts as the controller. If you have any questions, feedback or want to know more about how your personal data is processed firstname.lastname@example.org, or if you want to access, correct or remove your personal data, please contact us at email@example.com.
You may write to us at:
Tommy John, Inc
100 Broadway, 11th Floor
New York, NY 10005
A. EU Privacy Rights
Under applicable privacy laws (General Data Protection Regulation (GDPR)), you have the right to:
- Ask to change or correct your personal data (rectification)
- Ask to delete your personal data (erasure/right to be forgotten)
- Ask to restrict the processing of your personal data (restriction)
- Ask to transfer your data to another controller or to yourself if we have processed your data based on your consent or based on the agreement you have entered into with us (data portability)
- Object to the (further) processing of your personal data if we have processed your data based on our legitimate interests (objection)
If you would like to know more or would like to invoke your rights, please contact us at firstname.lastname@example.org.
B. Legal grounds for processing your data
To meet GDPR standards, we have established the following grounds to process the data:
- Creating an online account
- Placing an Order
- Writing a review
- Contacting our customer service
- Personalize our Website
- Recommend products that you may be interested in
- Optimize our marketing
- Develop and improve the functionality of our Website
C. EU Representative
Tommy John has EU representatives available to support our customers in regards to any of their GDPR issues.
In addition, you have the right to object to this way of processing your personal data. If you would like to exercise this right, please contact us at email@example.com. Please note that if you exercise such right accordingly, this may limit us to process your data for your benefit as set out above.
D. EU Minors providing personal data
Tommy John does not collect, maintain, or use Personal Information from children under 18 years of age regardless of their location, and no part of the Services is directed to children under the age of 18. If you learn that your child has provided us with Personal Information without your consent, please alert us at firstname.lastname@example.org. If we learn that we have collected any Personal Information from children under 18, we will promptly take steps to delete such information and terminate the child's account. In order to support GDPR compliance, people under the age of 18 may only provide personal data to Tommy John only if they have written consent from one of their parents or legal guardians who has read this privacy statement.
E. EU Data Security and Transfer
We use a variety of measures to ensure that your personal data is protected from unauthorized access, improper use or disclosure, unauthorized modification or alteration, unlawful destruction or accidental loss.
More specifically regarding EU customer’s data transfer to US since we have our databases in the United States, we will adhere to the standard contractual clauses of the EC or to the EU-US Privacy Shield Frameworks. More information regarding how do we adhere to the privacy shield and dispute resolution is provided in the above sections “Privacy Shield Notice”.
12. Changes to our statement
13. CCPA (California Consumer Privacy Act)
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: email@example.com.
Under the California Consumer Privacy Act (CCPA), if you are a California resident, you have the right to:
- Request disclosure of our data collection and sales practices
- Request a copy of personal information we’ve collected about you during the 12 months prior to your request
- Request that your personal information be deleted
- Request that your personal information not be sold to third parties
- Not to be discriminated against because you exercise any of the above rights.
You may only make a personal information request under the CCPA twice in a 12-month period. If you make such a request, we will need to collect information from you so that we can verify your identity.
We will respond within 45 days of receiving your personal information request.
14. Minors Providing Personal Data
Persons below the age of 18 may only provide personal data to Tommy John if they have written consent from one of their parents or legal guardians who has read this privacy statement.
We do not knowingly collect, maintain, or use Personal Information from children under 18 years of age, and no part of the Services is directed to children under the age of 18. If you learn that your child has provided us with Personal Information without your consent, you may alert us at firstname.lastname@example.org. If we learn that we have collected any Personal Information from children under 18, we will promptly take steps to delete such information and terminate the child's account.
15. Update Your Information Or Pose A Question Or Suggestion
Tommy John, Inc
11th Floor, New York, NY 10005
16. Contact Us
For any queries, please contact us at email@example.com.
or at 1800-708-3490
You may write to us at:
Tommy John, Inc
11th Floor, New York, NY 10005