TouchPoint Privacy Policy
Last Updated: June 25th, 2022
- Acceptance of Privacy Policy
Welcome to VMAS Solutions LLC dba The TouchPoint Solution (“TouchPoint” “we” or “us”) and our Privacy Policy (“Privacy Policy”). This Privacy Policy is important and affects your legal rights, so please read carefully.
By accessing or using thetouchpointsolution.com, our mobile applications (the “TouchPoint App”, “BLAST App”, “Thodian App”, collectively the “TouchPoint Apps”) and various related websites and services (collectively, with the TouchPoint Apps the “TouchPoint Services”), you agree to be bound by this Privacy Policy and all of the terms incorporated herein by reference. By using the TouchPoint Services and/or submitting or collecting any personal data via the TouchPoint Services, you accept and expressly consent and agree to our practices surrounding the collection, use, and sharing of your personal information in accordance with this Privacy Policy. If you do not consent and agree with the terms of this Privacy Policy, you cannot, and we do not authorize you to, access, browse, or use the TouchPoint Services.
We will process your personal information consistent with the requirements of applicable laws, including, but not limited to, the California Consumer Privacy Act (“CCPA”), the General Data Protection Regulation (“GDPR”), the UK General Data Protection Regulation (“UK GDPR”), and the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”).
- Information We Collect
2.1 Personal Information We Collect Directly from You
We receive personal information directly from you when you voluntarily provide us with such personal information, including, without limitation, the following:
(1) personal information (such as your e-mail address and phone number);
(2) health information (such as your activity levels and calories burned, your heart rate and subsequent variability, and sleep quality data) you permit us to receive through Apple Health, Google Fit and/or similar fitness applications (“Health App Data”);
(3) other identifying information that you voluntarily choose to provide to us, including without limitation unique identifiers such as passwords, and personal information in messages you send to us.
We may also collect additional information, which may be personal information, as otherwise described to you at the point of collection or pursuant to your consent.
2.2 Information We Automatically Collect When You Use Our Site
In order to access and use certain areas or features of the TouchPoint Services, you consent to our collection and use of certain information about your use of the TouchPoint Services through the use of tracking technologies or by other passive means. Your consent to our access and use of this “passively collected” information includes, but is not limited to, the domain name of the website that allowed you to navigate to the TouchPoint Services, search engines used, the internet protocol (IP) address used, the length of time spent on the TouchPoint Services, the pages you looked at on the TouchPoint Services, other webpages you visited before and after visiting the TouchPoint Services, the type of internet browser you have, the frequency of your visits to the TouchPoint Services, and other relevant statistics (“Traffic Data”).
- How We Collect Information
We collect information (including personal information and Traffic Data) when you use and interact with the TouchPoint Services, and in some cases from third party sources. Such means of collection include:
- When you use the TouchPoint Services’ interactive tools and services;
- When you voluntarily provide information in free-form text boxes through the TouchPoint Services or through responses to surveys, questionnaires and the like;
- Through Cookies, web beacons, analytics services and other tracking technology (collectively, “Tracking Tools”), as described below; and
- When you link the TouchPoint Services to your Apple Health account, Google Fit account, and/or other similar fitness tracking application (each a “Health App”).
- Tracking Tools, Behavioral Advertising, and Opt Out Options
4.1. Tracking Tools
We may use tools outlined below in order to provide the TouchPoint Services, advertise to, and better understand users.
- Cookies: “Cookies” are small computer files transferred to your computing device that contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the TouchPoint Services. We use Cookies to improve or tailor the TouchPoint Services, customize advertisements by tracking navigation habits, measuring performance, and storing authentication status so re-entering credentials is not required, customize user experiences with the TouchPoint Services, and for analytics and fraud prevention. For more information on Cookies, including how to control your Cookie settings and preferences, visit http://www.allaboutCookies.org. You can manage Cookies in your web browser (for example, Edge, Explorer, Chrome, Safari, etc.) settings, and you always have the choice to change these settings by accepting, rejecting, or deleting Cookies. If you choose to change your settings, you may find that certain functions and features of the TouchPoint Services will not work as intended. Cookie settings are slightly different depending on the browser you use, so to manage Cookies, you should refer to the program documentation and the relevant settings within your particular browser. The following details the types of Cookies we use and why we use them:
- Absolutely necessary Cookies. These Cookies are essential to enable you to move around a website and use its features. Without these Cookies, services you have asked for, like adding items to an online order, cannot be provided.
- Performance Cookies. These Cookies collect information about how you use our TouchPoint Services. Information collected includes, for example, the Internet browsers and operating systems used, the domain name of the website previously visited, the number of visits, average duration of visit, and pages viewed. These Cookies do not collect information that personally identifies you and only collect aggregated and anonymous information. Performance Cookies are used to improve the user-friendliness of a website and enhance your experience.
- Functionality Cookies. These Cookies allow the TouchPoint Services to remember choices you make (such as your username or ID, language preference, or the area or region you are in) and provide enhanced, more personal features. The information these Cookies collect may be anonymized, and they cannot track your browsing activity on other websites.
- Web Beacons: “Web Beacons” (a.k.a. clear GIFs or pixel tags) are tiny graphic image files embedded in a web page or email that may be used to collect information about the use of our TouchPoint Services, the websites of selected advertisers and the emails, special promotions or newsletters that we send. The information collected by Web Beacons allows us to analyze how many people are using the TouchPoint Services, and for what purpose, and also allows us to enhance our interest-based advertising (discussed further below).
- Web Service Analytics: We may use third-party analytics services in connection with the TouchPoint Services, including, for example, to register mouse clicks, mouse movements, scrolling activity and text typed into the TouchPoint Services. We use the information collected from these services to help make the TouchPoint Services easier to use and as otherwise set forth in Section 5 (How We Use Your Information). These analytics services generally do not collect personal information unless you provide it voluntarily.
- Mobile Device Identifiers: As with other Tracking Tools, mobile device identifiers help TouchPoint learn more about our users’ demographics and internet behaviors in order to personalize and improve the TouchPoint Services. Mobile device identifiers are data stored on mobile devices that may track activities occurring on and through the device, as well as the applications installed on it. Mobile device identifiers enable collection of personal information (such as media access control, address and location) and Traffic Data.
4.2. Behavioral Advertising
We may use a type of advertising commonly known as interest-based or online behavioral advertising. This means that some of our partners use Tracking Tools to collect information about a user’s online activities to display TouchPoint ads to the user based on the user’s interests (“Behavioral Advertising”). Such partners may include third-party service providers, advertisers, advertising networks or platforms, traffic measurement service providers, marketing analytics service providers, and other third party service providers (collectively, “Advertising Service Providers”). Other Tracking Tools used by our partners may collect information such as Traffic Data when you use the TouchPoint Services.
4.3. Options for Opting out of Cookies and Mobile Device Identifiers
If we process Cookies based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any point in time by contacting us at hello@thetouchpointsolution.com. Please note, that if you exercise this right, you may have to then provide your consent on a case-by-case basis for the use by us or disclosure of certain Cookies if such use or disclosure is necessary to enable you to utilize some or all of the TouchPoint Services.
Some web browsers allow you to reject Cookies or to alert you when a Cookie is placed on your computer, tablet or mobile device. You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept TouchPoint’s Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the TouchPoint Services.
- You may opt out of receiving certain Cookies and certain trackers by visiting the Network Advertising Initiative (NAI) opt out page or the Digital Advertising Alliance (DAA) opt out page, or by installing the DAA’s AppChoice app (for iOS; for Android) on your mobile computing device. When you use these opt-out features, an “opt-out” Cookie will be placed on your computer, tablet or mobile computing device indicating that you do not want to receive interest-based advertising from NAI or DAA member companies. If you delete Cookies on your computer, tablet or mobile computing device, you may need to opt out again. For information about how to opt out of interest-based advertising on mobile devices, please visit http://www.applicationprivacy.org/expressing-your-behavioral-advertising-choices-on-a-mobile-device. You will need to opt out of each browser and device for which you desire to apply these opt-out features.
- Even after opting out of Behavioral Advertising, you may still see TouchPoint advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that TouchPoint is no longer using Tracking Tools — TouchPoint still may collect information about your use of the TouchPoint Services even after you have opted out of Behavioral Advertising and may still serve advertisements to you via the TouchPoint Services based on information it collects via the TouchPoint Services.
This Privacy Policy does not cover the use of Cookies and other Tracking Tools by any third parties, and we are not responsible for their privacy policies and practices. Please be aware that some Cookies placed by third parties can continue to track your activities online even after you have left the TouchPoint Services.
4.4. How TouchPoint Responds to Browser “Do Not Track” (DNT) Signals
Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to web services that a visitor does not want to have their online activity and behavior tracked. If a web service operator elects to respond to a particular DNT signal, the web service operator may refrain from collecting certain personal information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many web service operators, including TouchPoint, do not proactively respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.
- How We Use Your Information
We do not engage in automated decision making using personal information. We use information, including personal information, to provide the TouchPoint Services and to help improve the TouchPoint Services, to develop new services, and to advertise (for example, to display TouchPoint ads on other web services). Specifically, such use may include:
- Providing you with the products, services and information you request;
- Providing, maintaining, administering or expanding the TouchPoint Services, performing business analyses, or for other internal purposes to support, improve or enhance our business, the TouchPoint Services, and other products and services we offer;
- Notifying you about certain resources or services we think you may be interested in learning more about;
- Combining information received from third parties, including Health App Data, with information that we have from or about you and using the combined information for any of the purposes described in this Privacy Policy;
- Including your de-identified information in population level data we produce to make population level learning and gains;
- Showing you advertisements, including interest-based or online behavioral advertising;
- Using statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts;
- Fulfilling our legally required obligations, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities;
- Enforcing our Privacy Policy and other agreements.
The information you provide to a Health App is governed by that service provider’s (e.g., Apple, Google) terms and conditions and privacy policy, and TouchPoint has no control over and is not responsible for such service provider’s compliance with the same. TouchPoint may use your Health App Data for any use permitted by this Privacy Policy but will not use your Health App Data for marketing or advertising purposes.
By providing your e-mail and/or phone number and checking a box, clicking the “complete” button, or some other affirmative act, you are consenting to receive e-mails and/or calls and text messages, including live, prerecorded, and/or automated calls and text messages and alerts, to that phone number. After signing up, you will receive a confirmation e-mail or text message from TouchPoint on your mobile number. This agreement is not entered into as a term or requirement of any purchase or promotion. Normal message and data rates may apply. Message frequency may vary. Neither we nor the participating carriers guarantee that messages will be delivered. We may discontinue these programs at any time without notice.
- How We Share Your
In certain circumstances, and in order to perform the TouchPoint Services, we may share certain information that we collect from you, as described in this section:
- We do not sell your personal information to third parties. We may share your personal information with our partners to customize or display our advertising and connect you with our franchises closest to you.
- We may share your personal information and/or Traffic Data with our partners who perform operational services (such as hosting, billing, fulfillment, data storage, security, insurance verification, web service analytics, or ad serving) and/or who make certain services, features or functionality available to our users.
- We may transfer your personal information to another company in connection with a proposed merger, sale, acquisition or other change of ownership or control by or of TouchPoint (whether in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
- We also may need to disclose your personal information or any other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with or fulfill our obligations under applicable law, regulation, court order or other legal process; (2) protect the rights, property or safety of you, TouchPoint or another party; (3) enforce this Privacy Policy or other agreements with you; or (4) respond to claims that any posting or other content violates third-party rights.
- Storage and Security of Information
Please note that any information you send to us electronically, while using the TouchPoint Services or otherwise interacting with us, may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you send us through any means is transmitted at your own risk.
- Your Choices
8.1 Information You Provide
You can always choose whether or not to provide personal information through the TouchPoint Services. However, if you choose not to disclose certain personal information, you may not be able to register as a user of the TouchPoint Services, which may limit your access to certain portions of the TouchPoint Services. We will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services.
8.2 California Privacy Rights
In the preceding 12 months, we collected and disclosed for a business purpose the following categories of personal information about California consumers:
|
Category |
Examples |
Collected? |
Categories of |
|
Identifiers |
Name, address, e-mail address, IP address |
Yes |
· IT service management providers · Email marketing website vendors · Data analytics providers · Security vendors · Background check vendors |
|
Personal information categories listed in the California Customer Records statute |
Name, professional-related information; and employment-related information
|
Yes |
· IT service management providers · Email marketing website vendors · Data analytics providers · Security vendors · Background check vendors |
|
Protected classification characteristics under California or federal law |
Name, age, citizenship, nationality, ancestry, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, proof of eligibility to work
|
Yes |
· IT service management providers · Background check vendors |
|
Internet or other similar network activity |
Browsing history, search history, information on a consumer’s interaction with the Website
|
Yes |
No |
|
Geolocation data |
IP address data |
Yes |
TouchPoint franchise partners |
|
Professional or employment-related information |
Proof of eligibility to work, resumé, other professional-related information and employment-related information
|
Yes |
· Data analytics providers · Background check vendors · Employment agencies or recruiting vendors |
|
Biometric information |
None |
No |
No
|
|
Education Information |
None |
No |
No |
|
Inferences from the foregoing |
None |
No |
No |
Purposes for Collection, Use, and Sharing. We use and disclose the personal information we collect for our commercial purposes, as further described in this Privacy Policy, including for our business purposes with our partners and service providers as follows:
- Auditing related to our interactions with you;
- Legal compliance;
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and exercising our related rights;
- Performing services (for us or our service provider);
- Internal research for technological improvement;
- Internal operations;
- Activities to maintain and improve our services; and
- Other one-time or short-term uses.
Your Rights. Where applicable, if you are a California resident you may have the following rights under the CCPA in relation to personal information we have collected about you, to the extent required by the CCPA and subject to verification and any applicable exceptions:
Right to Know/Access: You have the right to request that we disclose certain information to you about our collection and use of certain personal information about you as described below:
- The specific pieces of personal information collected;
- The categories of personal information collected;
- The categories of sources from whom the personal information is collected;
- The purpose for collecting the personal information; and
- The categories of third parties with whom we have shared the personal information.
Right to Delete: You have the right to request that we delete your personal information.
Freedom from Discrimination: You have the right to be free from unlawful discrimination for exercising any of the rights above.
To make a request in relation to the above rights, please contact us using the information in Section 13 below. To fulfil your request, we will need to verify your identity.
Only you, or someone legally authorized to act on your behalf, may make a request related to personal information collected about you. To designate an authorized agent, the authorized agent must provide sufficient information that allows us to reasonably verify that they have been authorized by you to act on their behalf.
8.3 Canada, European Union and United Kingdom Privacy Rights
If our processing of your personal information is subject to the GDPR, UK GDPR, and/or PIPEDA, and unless subject to an exemption, you may have the following rights with respect to your personal data as applicable:
- The right to request a copy of your personal data which we hold about you and where possible, to transmit that data directly to another data controller;
- The right to request that we correct any personal data about you;
- The right to request your personal data be erased where it is no longer necessary for us to retain such data;
- The right to withdraw your consent at any time to the processing of personal data to which you provided consent for processing;
- The right to request that we provide you with a copy of your personal data;
- The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction be placed on further processing;
- The right to object to the processing of personal data (where applicable); and
- The right to lodge a complaint with a data supervisory authority.
Please note that we will need to verify your identity before we are able to process any of the requests described in this Section 8, and in our discretion, may deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required.
If you are a resident of the European Economic Area (“EEA”), when we process your personal data, we will only do so in the following situations:
- We need to use your personal data to perform our responsibilities under our agreement with you;
- We have a legitimate interest in processing your personal data. For example, we may process your personal data to send you marketing communications, to communicate with you about changes to the TouchPoint Services, and to provide, secure, and improve the TouchPoint Services.
- We have your consent to do so.
If your personal data is subject to the GDPR or UK GDPR, we will transfer personal data from the EEA to a location outside the EEA only when there has been a documented adequacy determination, or where we have confirmed adequate privacy protections. If we transfer personal data to a third party acting as our agent, we will also obligate the third party to have adequate privacy protections in place.
If your personal data is subject to PIPEDA, we will transfer personal data from Canada to locations outside of Canada only where we have confirmed adequate privacy protections. If we transfer personal data to a third party acting as our agent, we will also obligate the third party to have adequate privacy protections in place.
- How Long We Retain Your Information
We retain personal information about you for as long as necessary to provide you the TouchPoint Services. In some cases, we retain personal information for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, prevent fraud, enforce this Privacy Policy, or as otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a de-identified and/or aggregated form but not in a way that would identify you personally.
- Information Provided on Behalf of Children and Others
The TouchPoint Services is not intended for use by children and individuals under the age of 13are prohibited from using the TouchPoint Services. TouchPoint does not knowingly collect any information from children, nor is the TouchPoint Services directed to children. If you are under 13 , please do not attempt to register for the TouchPoint Services or send any personal information about yourself to us. By accessing, using and/or submitting information to or through the TouchPoint Services, you represent that you are not younger than age 13. If you are between age 13 and the age of majority in your place of residence, you may use the TouchPoint Services only with the consent of or under the supervision of your parent or legal guardian. If you are a parent or legal guardian of a minor child, you may, in compliance with this Privacy Policy, use the TouchPoint Services on behalf of such minor child. Any information that you provide us while using the TouchPoint Services on behalf of your minor child will be treated as personal information as otherwise provided herein. If you use the TouchPoint Services on behalf of another person, regardless of age, you represent and warrant that you have authority to do so.
- Third Party Web Services
The TouchPoint Services contain links to or embedded content from third party web services. A link to or embedded content from a non-TouchPoint web service does not mean that we endorse that web service, the quality or accuracy of information presented on the non-TouchPoint web service or the persons or entities associated with the non-TouchPoint web service. If you decide to visit a third party web service, you are subject to the privacy policy of the third party web service as applicable and we are not responsible for the policies and practices of the third party web service. We encourage you to ask questions before you disclose your information to others.
- Updates and Changes to Privacy Policy
The effective date of this Privacy Policy is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the TouchPoint Services after the effective date constitutes your acceptance of the amended Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices. Any amended Privacy Policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE CLIENT SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.
- Contact Us
If you have any comments, concerns or questions about this Privacy Policy, please contact us at hello@thetouchpointsolution.com or at:
The TouchPoint Solution
Attn: Data Protection Officer
13430 N. Black Canyon Hwy, Suite 250
Phoenix, AZ 85029