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Privacy Notice

Effective Date: July 14, 2024

Toolio, Inc. (“Toolio,” the “Company,” or “we/us/our”) respects the privacy of your Personal Information and is committed to protecting it through our compliance with this Privacy Notice (“Notice”). This Notice applies to our mobile application (“App”), website, www.toolio.us (the “Website”), and our associated services (the App, Website, and associated services, collectively, the “Services”), and describes:

  • The types of Personal Information we collect about you or you may provide when you download, register with, or access the App and otherwise use the Services.
  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Notice applies only to Personal Information we collect in this App and Website and in electronic communications sent through or in connection with the Services.

This Notice does not apply to information that:

  • We collect offline or on any other Company apps or websites, including websites you may access through the App and/or Website.
  • You provide to or is collected by any third party.

Third parties, have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this Notice, and our Terms of Use for the Services, which together form the “User Agreement” and govern your use of the Services. By downloading the App and registering for an account and otherwise using the Services, you agree to be bound by the User Agreement. If you do not agree, do not download or register with the App, or otherwise use the Services.

1. What Is Personal Information?

“Personal Information” is information that relates to an identified or identifiable individual. It does not include de-identified, publicly-available, or aggregated information. As used in this Notice, “Personal Information” is limited to information that we collect through the App or when you otherwise use the Services.

2. Personal Information We Collect, And How We Collect It

We collect Personal Information about you (1) from you, when you directly provide it to us; (2) automatically, when you use the Services; and (3) from third parties, as described in this Notice.

2.1 Personal Information You Directly Provide To Us

When you register for a user account for the Services (“Account”), we will ask you for your:

  • Full name;
  • Login credentials that you create (username and password);
  • Payment information;
  • Email address;
  • Telephone number; and
  • Address.
2.2 Personal Information We Collect Through Automatic Data Collection Technologies

When you use the Services, it may use technology to automatically collect:

  • Details of your access to and use of the Services, including communication data and the resources you access or use on or through the Services.
  • Information about the mobile or other device you use to access the Services (your “Device”) and internet connection, including IP address or other unique identifier, operating system, browser type, mobile network information, and telephone number.

The Services may collect real-time information about the location of your Device.

We do not collect Personal Information about your online activities over time and across third-party websites or online services.

The technologies we use for automatic collection may include “cookies.” A cookie is a small file placed on your Device. You can modify your browser settings to reject some or all cookies by activating the appropriate setting on your smartphone or browser, except those that are strictly necessary. You should be aware that some features are only available through the use of cookies and if you choose to reject cookies, you may be unable to access certain parts of our Service.

For more information about cookies and how to control them, you can visit https://aboutcookies.org/. This website is not affiliated with us.

2.3 Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Service are served by third-parties. These third parties may use cookies, alone or together with web beacons or other tracking technologies, to collect information about you or your device when you use the Service. The information they collect may be associated with your Personal Information, or they may collect information—including Personal Information—about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control those Cookies and we are not responsible for them. You acknowledge and accept that you may to potentially encounter third-party Cookies in connection with use of the Service and accept that our statements under this Notice do not apply to the Cookies or practices of such third parties. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

2.4 Personal Information We Collect From Third Parties

We receive information about you from a third party such as Google and Meta when you register for an account by linking your Google® account or Meta® account. Additionally, we may, from time to time, supplement the information we collect directly from you on the Service with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content and ads to you and to offer you opportunities that may be of interest to you. To the extent we combine information we receive from those sources with your Personal Information we collect on the Service, it will be treated as Personal Information and we will apply this Notice to such combined information, unless we have disclosed otherwise. In no other circumstances do our statements under this Notice apply to information we receive about you from third parties.

3. How We Use The Personal Information We Collect

We use information that we collect about you or that you provide to us, including any Personal Information for the following purposes:

  • For our business/operational purposes
    • Helping to ensure security and integrity;
    • Debugging to identify and repair errors that impair existing intended functionality;
    • Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on our behalf;
    • Providing advertising and marketing services to you;
    • To send administrative and marketing emails;
    • For use in our marketing;
    • To measure and analyze audience traffic and to improve the overall experience at the Service;
    • Internal research for technological development and demonstration; and
    • Verifying or maintaining the quality or safety of—or improving, upgrading, or enhancing—a service or device owned by, manufactured by, manufactured for, or controlled by us.
  • To provide and maintain our content, services and products to you, such as:
    • To process Service account registration;
    • Deliver content and products you request;
    • Confirm your rental orders;
    • Delivery coordination;
    • Sending system notifications and activity notifications via push notifications on the App;
    • Provide you with customer support and respond to your requests;
    • Complete your requests;
    • Communicate with you about the Services;
    • To answer your questions and response to and process inquiries; and
    • Verifying and validating your identity, or otherwise preventing, investigating, or providing notice of fraud, unlawful or criminal activity, or unauthorized access to or use of Personal Information and our Services.
  • To create broader findings with aggregate and deidentified data
    • Aggregate or deidentify information so that it can no longer identify you, as defined under applicable laws, to develop aggregated data and statistics; and
    • Better understand and represent our users using deidentified data, such as to measure ad performance, create advertising interest-based segments, or compile survey results.
  • To ensure legal compliance, such as:
    • Comply with legal requirements;
    • Assist law enforcement;
    • Resolve disputes; and
    • Investigate and enforce our agreements.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, in which Personal Information held by us is among the assets transferred.
  • For data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Website, App, products, services, marketing, and your experience.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

4. How We Disclose Your Personal Information

We may disclose aggregated and/or de-identified information about our users to third parties without restriction.

We may disclose your Personal Information to third parties:

  • For the purposes for which you provided it;
  • To the delivery driver;
  • To contractors, service providers, and other third parties we use to support our business;
  • To our affiliates;
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information is among the assets transferred;
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • As we believe necessary or appropriate to protect the rights, property, or safety of us, our customers, or others;
  • For any other purpose we disclose when you provide it; and
  • With your consent.

5. Are There Other Ways My Personal Information Can Be Shared?

You may choose to share information (including Personal Information) with people other than us, or with the public, through your use of the Service. For example, the Service provides links that allow you to publicly share information through social media. You, and you alone, control whether and what to share. When you choose to share any information online with anyone—including friends, public officials, or the public at large—that information is no longer private and may be shared more broadly than you intended. You may be harmed as a result.

Always be careful when choosing to share information in this way through the Services. If you decide to do so, you understand and agree that we are not responsible for any harm that may result from your decision to share information through and beyond the Website. We do not control Meta, X (formerly Twitter), TikTok, or any other third party's website, and we are not responsible for their privacy policies and practices. When you leave our Services, we encourage you to read and understand the privacy policy of every website you visit.

6. How You Can Access Your Personal Information

You can review and change your Personal Information by logging into your account and visiting your Account profile page. You may also contact us using the methods in Section 17 to request access to the Personal Information we have collected about you over the past twelve (12) months.

At your verifiable request, and as permitted or required by and consistent with applicable law, we will confirm whether we are processing Personal Information about you, and provide copies of the Personal Information we have collected about you over the past twelve (12) months. We may limit your access requests to a reasonable number per year. Unless prohibited by applicable law, we may charge a fee for responding to access requests. We will notify you in advance of any fee.

We may refuse or delay an access request under certain circumstances, such as to protect legal privilege, to safeguard proprietary information, to protect the privacy rights of others, at the request of law enforcement, or to prevent undue burden or expense. If we determine that we cannot fully and promptly respond to an access request, we will tell you why and, if possible, work with you to modify the request so we can respond.

7. How You Can Correct Your Personal Information

You are responsible for the accuracy and completeness of the Personal Information you provide to us. You can review and change your Personal Information by logging into your account and visiting your Account profile page. You may also contact us using the methods in Section 17 to request correction. We will take reasonable and appropriate steps to minimize inaccuracies in your Personal Information, and will correct inaccurate Personal Information at your verifiable request.

8. How Long We Keep Your Personal Information

We will keep your Personal Information as long as your Account is active, as necessary to provide you with the Services. We will also keep and use this information as necessary for the purposes set out in this Notice and to the extent necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and protect our legal rights.

We may also collect and/or create aggregated, anonymized, or pseudonymized information, which we may keep indefinitely.

9. Data Minimization

We will take reasonable and appropriate steps to limit the Personal Information we collect, use, and disclose to the type and amount necessary, adequate, and relevant for the purposes for which we process it.

10. Children’s Privacy

We do not knowingly collect personal information from individuals younger than 18. If you are a parent or guardian and you are aware that your minor child has provided us with personal information, please contact us so that we can take necessary action to delete it.

11. Social Media

The Service includes social media features, such as the Meta, X (formerly Twitter), TikTok, Snapchat, and WhatsApp buttons that run on the Service. These features may collect your IP address or log which page you are visiting on the Service, and/or may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Service. Your interactions with these features are governed by the privacy policy of the organization providing them.

12. Links To Other Websites

The Service and this Notice may contain links to third party websites. We have no control over these websites and they are not subject to this Notice. Please check the privacy policies of these websites to determine how your Personal Information will be collected, stored, used, and disclosed.

13. Security of Your Personal Information

We have implemented measures to help protect your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.

Unfortunately, no method of transmitting information over the internet or storing it electronically is 100% secure. Neither we nor anyone else can—and we do not—guarantee the confidentiality, security, integrity, or availability of any Personal Information transmitted to or from us over the Internet and/or stored electronically. In all situations, you should carefully consider whether and how to provide Personal Information to someone else (including us). All transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Access to Personal Information at Toolio is limited to workforce members who need it to do their job.

14. Unauthorized Uses and Disclosures of Personal Information, and Security Incidents

If we discover an unauthorized use or disclosure, or a security incident, involving your Personal Information, we will promptly assess our responsibilities under applicable law and take all required actions.

15. Disputes

You agree that law of the State of Massachusetts (without regard to conflict of laws) applies to all disputes arising out of or based on the User Agreement and your use of the Services. All such disputes are subject to binding arbitration by a United States Arbitration & Mediation (“USA&M”) neutral according to the USA&M Rules of Arbitration. The arbitrator’s decision shall be final and binding, and judgment may be entered on it. If a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.

16. Changes to This Notice

We may update this Notice from time to time. If we make material changes to how we treat users’ Personal Information, we will notify you by email to the email address specified in your Account. The date the Notice was last revised appears at the top of the page. You are responsible for ensuring we have a current and deliverable email address for you, and for periodically visiting this Notice to check for any changes. Continuing to use the Services after a change means you accept the change.

17. Contact Us

If you would like to receive further information about the User Agreement or any of our information privacy practices, please contact us at [email protected].