Welcome to the TM38 website, operated by TM38, Inc. ("TM38") and located at www.tm38.co
("Site"). We respect the privacy rights of our users and are committed to protecting the
information collected. This Privacy Policy addresses TM38's practices regarding information
collected from visitors of the Site and only addresses information collected directly through or
from the Site - it does not address or govern any information-gathering, use, or dissemination
practices related to information collected from a visitor (sometimes referred to as "you") other
than directly through or from the Site, such as from telephone, facsimile, postal mail, personal
delivery, or other or additional offline means or media.
This Privacy Policy is incorporated into TM38's Terms and Conditions for the Site, which must
be reviewed and accepted by you.
The Site is not intended for children under the age of 18. It does not knowingly collect personal
information online from visitors in this age group.
If you have any questions concerning this Privacy Policy, please contact us.
1. Collection of Personal Information from Site Visitors. Except as specifically set forth
herein, TM38 may collect: (a) the email addresses of users that communicate with TM38 via
email; and (b) information knowingly provided by the user through the Site. TM38 may also use
Internet cookies and other identifiers or methods of web analysis (such as Google Analytics) to
gather, store, and track certain information related to your visit to and activity on the Site. If you
are uncomfortable with the idea of your information being used in this way, most computer
systems and web browsers offer privacy settings and options, such as disabling cookies or
opting for "Do Not Track" features. TM38 does not override these settings or options and
encourages you to use them to enhance your choices and personalize your experiences.
However, in order to access certain content, features, services, products or benefits on the Site,
you may be required to provide TM38 with certain information, including some types of
personally identifying information such as your email, your address, and your phone number. If
you do not wish to provide such information through the Site or if you opt to utilize the
aforementioned privacy features of your computer system or web browser, you may be unable
to obtain certain content, features, services, products or benefits of the Site.
2. Use of Personal Information Collected. Personal information collected by TM38 may be
used by TM38 for limited purposes, including recordkeeping, editorial and feedback purposes,
content improvement, or to customize the content and layout of the Site. Personally identifying
information, such as names, postal and email addresses, phone numbers, and other personal
information voluntarily provided to TM38 may be added to TM38's databases and used for
future contact regarding updates to the Site or new services provided by TM38. From time to
time, TM38 may need to contact you regarding information that you submitted to TM38. You
agree that TM38 may use your personal information for such contact with you. TM38 may also
desire to contact you for market research purposes or to provide you with marketing information
that TM38 believes would be of particular interest. Please contact us if you do not want to be
contacted by TM38 as described above.
3. Disclosure of Personal Information to Third Parties. Except as specifically set forth
herein, any personally identifying information that you provide to TM38 through the Site will not
be disclosed to other third party entities not affiliated with TM38. Your personal information and
data, whether personally identifying or not, may be disclosed or distributed: (a) to another party
with which TM38 enters or reasonably may enter into a corporate transaction, such as, for
example, a merger, consolidation, acquisition, or asset purchase; (b) to a third party pursuant to
a subpoena, court order, or other form of legal process, in response to a request by or on behalf
of any local, state, federal, or other government agency, department, or body, whether or not
pursuant to a subpoena, court order, or other form of legal process; or (c) if determined by
TM38 in its sole judgment that such disclosure or distribution is appropriate to protect the life,
health, or property of TM38 or any other person or entity. Your personal information and data,
whether personally identifying or not, may also be provided to third parties that contract with
TM38 to provide products, information, or other services that TM38 believes that visitors to the
Site may be interested in obtaining. While TM38 may undertake efforts to see that any third
party to which TM38 discloses personal information is under an obligation to use that personal
information solely for the purposes for which the information was disclosed, such third parties
are independent third parties over which TM38 exercises no control. TM38 is not responsible
for, and will not be liable for, the conduct, actions, omissions, or information handling or
dissemination practices of third parties.
4. Links to Other Sites. The Site may also contain links to third party websites, for the
convenience of users in locating information, products, or services that may be of interest. If you
access a third party website from a link on this Site, any information you disclose on that
website is not subject to this Privacy Policy. It is possible that these links themselves may be
used by third parties or others to collect personal or other information about you. TM38 is not
responsible for the privacy practices of third parties or for the content of their websites. TM38
does not control third parties' use of cookies, collection of information, or how they manage
such information. It is your sole obligation to review and understand the privacy practices and
policies of all third parties, including those who operate websites accessible through the Site.
5. Security Measures and Communications. The confidentiality of any communication or
material transmitted to or from TM38 via the Site or via email cannot be, and is not, guaranteed.
You acknowledge that the technical processing and transmission of the Site's content may be
transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices. Accordingly,
TM38 is not responsible for the security of information transmitted via the Internet.
6. Access to and Ability to Correct Personal Information; Opt-Out Right. Upon your
request, TM38 will provide you with a summary of any personal information retained by TM38
that has been voluntarily provided by you to TM38 through email, contact forms, or other online
avenues. You may modify, correct, change or update your personal information by contacting
us. Except as necessary to obtain the services or information requested, you may opt out of
having your personal information, which has been voluntarily provided by you to TM38 through
email, contact forms, or other online avenues, prospectively retained by TM38 or used by TM38
for secondary purposes, by contacting TM38. This provision does not apply to collection of the
type of web browser used to visit the Site or to information provided or collected that does not
meet the description hereunder.
7. California Residents. California Civil Code Section 1798.83 (also known as the "Shine The
Light" law) permits users who are California residents to request and obtain (once a year; free of
charge) information about the personal information (if any) we disclosed to third parties for direct
marketing purposes in the preceding calendar year. If applicable, this information would include
a list of the categories of personal information that was shared and the names and addresses of
all third parties with which we shared information in the immediately preceding calendar year. If
you are a California resident and would like to make such a request, please contact us.
8. Right to Change Privacy Policy. TM38 reserves the right at any time to modify, alter or
update this Privacy Policy. Your use of the Site following any changes means that you agree to
follow and be bound by the Privacy Policy as changed. Any change to this Privacy Policy shall
be effective as to any visitor who has visited the Site before the change was made. It is the
obligation of users visiting the Site before the change to learn of changes to the Privacy Policy
since their last visit.