Thank you for visiting TONALITY (www.shoptonality.com). This Site is owned and operated in the United States by TONALITY LLC. TONALITY values its customers and respects their privacy. Any information we collect about you is held with the utmost care and security. Your visit to the Site and your use of any of the services or features we provide is subject to our terms and conditions of which this privacy policy is part. This privacy policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal information we collect from you, or that you provide to us, will be used, shared or processed by us. This includes personal information we collect online when you visit the site and in our stores in the United States. When we use the term "personal information" we are referring to information that is connected to your name. This may include things like your e-mail address, mailing address, birthday, or telephone number, when those pieces of data are stored with your name. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it. By visiting the site you are accepting and consenting to the practices described in this policy.

This privacy policy does not cover information that you submit on other websites, even if we communicate with you on those sites. For example, if you post something on Facebook, Twitter, Instagram or YouTube, that information is governed by the privacy policies on those websites, and is not governed by this privacy policy.

1. Information we collect

1.1 We collect the following general categories of personal information:

  • Personal identifiers such as name, phone number, email address, alias, mailing address, bank account name

  • We also collect information about your use of our Services, such as the pages you visit and the products you purchase

  • Internet or other electronic network activity information

  • Geolocation information

  • Inferences for use in creating a consumer profile

1.2 Information you give us. You may give us information by filling in forms on our site www.shoptonality.com or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you:

  • register to use our Site

  • subscribe to our services,

  • place an order on our Site,

  • post content to the Site through reviews or comments, and

  • visit our social media platforms (which would include your name, profile picture, likes, location, friend list and other information described in the social media application sign-up page).

This information may include your name, date of birth, gender, cultural interests address, telephone number, email address and debit or credit card information (if you wish to place an order on our website). When you register with us, you can view your personal information in 'My Account'. You can access 'My Account' directly to change any personal details, for example, if you move and want to change your address. If you forget your password, simply click on the 'forgotten password' link on the register or login page and an email containing your decrypted password will be sent to the email address you originally provided.

1.3 Information we collect about you. With regard to each of your visits to our site we use the following various technologies to automatically collect information about you:

  • Cookies: these are small bits of information that are placed on the hard drive of your computer. Cookies remember information about your activities on the Site to make your visits to our Site more enjoyable and valuable to you by providing a customized experience and recognizing your preferences when you visit our Site. If you've chosen to disable cookies on your browser, some of the functionality of our Site may be lost. Certain of our web pages, particularly those that require a login and password, require that cookies be enabled in your browser and cannot be used when you have disabled cookies in your browser.

  • Flash Cookies (also called Local Shared Objects or "LSOs"): these are data files similar to cookies, except that they can store more complex data. Flash cookies are used to remember settings, preferences, and usage, particularly for video, interactive gaming, and other similar services.

  • Web beacons, clear pixels, or pixel tags: these are small graphic images on a Web page or in an e-mail that can be used for such things as recording the pages and advertisements clicked on by users, or tracking the performance of e-mail marketing campaigns.

  • Web server logs: these are records of activity created by the computer that delivers the webpages you request to your browser. For example, a web server log may record the search term you entered or the link you clicked to bring you to a webpage on our Site. The Web server log also may record information about your browser, such as your IP address and the cookies set on your browser by the server.

  • Geo-location technologies: this refers to technologies that permit us to determine your location. We may ask you to manually provide location information on our Site, or to enable your mobile device to send us precise location information. We may also automatically collect general location information from your web browser.

1.4 Information we receive from other sources. We may receive information about you if you use any of the other websites we (or any member or brand within our group) operate or other services we provide. In this case, we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closing 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) and may receive information about you from them.

2. What we do with the information

We use information collected from you in the following ways:

2.1 Information you give to us. We will use this information in relation to:

(a) Administration of our Site: The information you give us is necessary to enable us to (i) fulfill your order (whether through purchase or promotion, including acknowledging your order and communicating with you if there is any issue regarding the fulfillment of your order), (ii) to make sure your order is delivered correctly and (iii) to maintain your account.

(b) Customer service: We ask for your contact details, such as your email address and telephone number, to enable us to answer any questions you have about using our Site and to notify you about the status of your orders.

(c) Direct Marketing: We want to keep you up to date on our latest products, promotional offers, and events.

Electronic Marketing. If you are an existing customer, we will only contact you by electronic means (email or text) about goods and services similar to those which were the subject of a previous sale or negotiations for a sale. If you are a new customer, and where we permit selected third parties to use your personal information, we (or they) will contact you by electronic means only if you have expressly consented to this.

Other Marketing. We will only contact you by mail or telephone if you have expressly consented to this contact.

(d) Our service: To notify you about changes to our service.

(e) Our Site: To ensure that content from our Site is presented in the most effective manner for you and for your computer, and so that we can enhance your experience of using our site.

2.2 Information we collect about you. We will use this information in relation to:

(a) Administration of our Site: To administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.

(b) Site improvement: To improve our Site to ensure that content is presented in the most effective manner for you and your computer.

(c) Customer service: The information we collect from you will allow us to (i) let you to participate in interactive features of our service, when you choose to do so, (ii) measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you, and (iii) make suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them.

(d) Security of our site: As part of our efforts to keep our site safe and secure.

2.3 Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

3. Disclosure of your information

We do not sell or rent your personal information to third parties for their marketing purposes. However, we may share your information with third parties for the following purposes: -To process your transactions, such as with our payment processors and shipping companies; -To comply with legal requirements, such as a subpoena or court order; -To enforce our terms of service and other agreements; -To protect the rights, property, or safety of TONALITY, our customers or others.

3.1 We disclose for business purposes the following general categories of personal information:

  • Personal identifiers such as name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, bank account name,

  • Commercial information

  • Internet or other electronic network activity information

  • Inferences for use in creating a consumer profile

3.2 From time to time we retain the services of third party companies and individuals to perform functions on our behalf in connection with the successful operation and continuous improvement of this Site. We may share your information with selected third parties including:

(a) Business partners, suppliers, and sub-contractors for the performance of any contract we enter into with them or you (e.g. in order to process your order and maintain your account, including the authorization and validation of credit or debit card transactions, the provision of delivery services, the analysis of data, etc. These companies or individuals may be provided with access to your personal details in order to fulfill their function but may not use such information for any other purpose).

(b) Advertisers and advertising networks that require the data to select and serve relevant advertisements to you and others.

(c) Analytics and search engine providers that assist us in the improvement and optimization of our site.

3.3 Other than as set forth above with respect to our parent company and any member or brand within our group, we do not rent, sell or otherwise provide your personal details to third party companies or individuals for their marketing purposes.

3.4 We have not sold your personal information within the past 12 months.

3.5We may disclose your personal information to third parties:

(a) In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

(b) If TONALITY LLC (or its ultimate parent company) or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

(c) If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect our rights, property, or safety (or the rights, property, safety of our customers, or others). This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

4. Where we store your personal data

We take the security of your personal information very seriously. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.

4.1 We use the latest encryption technology to ensure that all transactional information you provide to us is protected to the highest standard. Transactional information includes any credit or debit card details, your personal contact information, together with any other names and addresses you provide when you place an order for delivery to another address, and your purchasing history. If you have given your consent prior to entering the details required for the ordering process, our web site will retain your TONALITY account details such as your name, address, email address and purchasing history. Each time you log into your TONALITY account to create a new order you must re-enter your credit card details. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

4.2 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

4.3 We will retain the information we collect from you until you elect to no longer receive communications from us.

5. Third-party websites

Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

6. Email and SMS Opt-Out

You can at any time tell us not to send you marketing communications (i) by mail by following the instructions that are included in a particular promotion, (ii) by email by clicking on the unsubscribe link within the marketing emails you receive from us or (iii) by SMS by following the "STOP" instructions provided with the message. If you have registered with us, you also may opt out of receiving marketing materials (by mail, email and/or SMS) by logging into your account and changing your preferences.

7. SMS Privacy Policy

(a) Information Collection

When you opt into our SMS marketing services, we collect certain information, including your mobile phone number, for the purpose of sending you promotional messages, order updates, and other business-related communications. We may also collect details regarding the frequency and duration of interactions through SMS.

(b) Use of Information

The mobile phone number you provide will be used solely for sending SMS marketing communications, transactional messages (such as order confirmations and shipping updates), and occasional surveys or feedback requests. You agree to receive these messages as part of our SMS marketing program by opting in.

(c) Opt-In & Consent

By providing your mobile phone number and opting into SMS marketing, you consent to receive text messages from TONALITY, including promotional messages and account-related updates. Consent to receive these messages is not a condition of purchase.

(d) Opting Out

You may opt out of our SMS marketing program at any time by texting "STOP" to the number from which you received our SMS messages. Upon receiving your "STOP" request, we will remove your mobile number from our SMS marketing list, and you will no longer receive promotional messages. To re-subscribe, text "START" to the same number.

(e) Data Security

We take your privacy seriously and employ appropriate security measures to protect your information from unauthorized access, disclosure, or misuse. Your mobile number will not be shared with third parties for their marketing purposes without your explicit consent.

(f) Third-Party Service Providers

We may use third-party service providers (e.g., Klaviyo) to facilitate SMS messaging services. These providers are contractually obligated to maintain the confidentiality of your information and are not permitted to use your data for any purposes other than providing SMS services on our behalf.

(g) Message & Data Rates

Message and data rates may apply based on your mobile service provider. Frequency of messages will vary depending on your interactions with TONALITY and the nature of your engagement with our SMS program.

(h) Your Rights

You have the right to access, correct, or delete any personal information we have collected as part of our SMS marketing program. To exercise these rights, contact us at info@shoptonality.com.

(i) Changes to SMS Privacy Policy

We may update or change this SMS Privacy Policy from time to time to reflect changes in our practices or for regulatory reasons. Any updates will be posted on this page.

8. Cookies

Cookies are small text files that websites place on your Internet-connected device to uniquely identify your browser or to store information or settings in your browser which allows us to remember you when you come back to our websites and provide you with personalized experiences and advertisements. We use different types of cookies on our websites, which may include strictly necessary cookies, performance cookies, functional cookies and targeting cookies.

You can edit your preferences by accessing the “Manage Cookies” or “Do Not Sell or Share My Personal Information / Target Ads” link at the bottom of each of our Brand websites or by editing your browser settings.  When editing your cookie preferences, please note that your settings only apply to the browser you use to submit your opt-out request, so if you use multiple browsers or devices, you must opt-out on each browser, on each device. Your opt-out is enabled using cookies so once you opt-out, if you delete your browser’s saved cookies on a device, you will need to opt-out again on that browser on that device.

Our websites are not designed to respond to “do not track” signals from browsers.

9. Changes to our Privacy Policy

We reserve the right to make changes to our privacy policy from time to time. Any changes we may make to our privacy policy in the future will be posted on this page. Please check back frequently to see any updates or changes to our privacy policy.