Privacy Policy
Tonka Beans (aka Athena’s Tryst LLC) (“we”, “us” or “Tonka Beans”) owns and operates the web site and services available through www.tonkabeans.com, www.tonkabeanz.com and www.tonkabeans.tv and related mobile sites (collectively, the “Site”). We care about the privacy of each user of the Site (“you” or a “user”). This Privacy Policy gives you specific information about how we protect your privacy, how we treat information that identifies an individual user, including both registered users and un-registered users (referred to as “Personal Information”) as well as aggregate information, and the choices you have.
BY USING AND/OR REGISTERING FOR THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU CANNOT USE THE SITE.
1. COLLECTION OF PERSONAL INFORMATION
We collect Personal Information and other information to create or enhance our relationship with you. We collect Personal Information from you when you voluntarily submit the information to us in order to participate in certain activities, including (i) registration for certain features of the Site such as uploading content, email newsletters, message boards, chat rooms or other community services; (ii) refer to a friend service; (iii) user surveys; and (v) events, sweepstakes, contests or promotions. The Personal Information we collect may include your first and last name, your email address, birthday and gender, as well as other information. We may obtain Personal Information about you from other sources and add it to the information you provided to us.
Registration
To use some features on the Site, a user must first complete and submit a registration form. During registration we collect certain Personal Information such as first and last name, email address and zip code. Certain features of the Site may require additional Personal Information, such as age, profession and other demographic information, which helps us provide you with a more personalized experience on the Site.
Refer to a Friend
If you elect to use our referral service to inform a friend about a part of the Site, you will be asked to provide the friend's name and email address in order to email the information you requested to the friend. We do not store this information and the information is used only to send the one-time referral email.
Surveys & Contests
From time-to-time we may offer our users the ability to participate in surveys, contests or other promotions which may require you to provide Personal Information in order to enter. Participation in these surveys, contests or promotions is completely voluntary and you have a choice whether or not to provide us with such information.
User Content
Content or information may be posted on the Site by you or another user (referred to as “User Content”) which may include Personal Information. User Content may be posted in connection with video uploads, discussions, suggestions, or other features of the Site. Be aware that that whenever you disclose Personal Information in public areas of the Site, such as in User Content you post, your personal Information can be viewed and possibly used by others. Users should be careful in all public areas about disclosing Personal Information, such as full name, home address, phone number, or any other information which can be used to personally identify you, and you do so at your own risk. The User Content you post can be seen, disclosed to or collected by third parties and may be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes.
2. COLLECTION OF NON-PERSONAL INFORMATION
In addition to any Personal Information you may provide to us, we collect information that cannot be used to identify an individual (“Non-Personal Information”) about your use of the Site.
Cookies
When a user accesses the Site the user is assigned a “cookie”. A cookie is a text file stored on the user's hard drive containing information about the user. Use of cookies is common on the Internet. Tonka Beans uses cookies to recognize users who have already registered for the Site, allowing those users to speed up future activities on the Site. Cookies also enable us to measure aggregate usage and traffic to areas of the Site and specific offerings, which assists Tonka Beans in providing content that best meets users’ preferences. Your browser is probably set to accept cookies. You can reconfigure your browser to refuse cookies, however, if you do so, some areas of the Site may not function properly. Tonka Beans may use Non-Personal Information from your cookies together with to your Personal Information in order to evaluate and improve the Site and for other business purposes. The advertisements that appear on the Site are delivered to you by third-party Internet advertising companies. Those companies use technologies to deliver advertisements and marketing messages and to collect anonymous information about your visit to the Site, including information about the ads displayed, via a cookie placed on your computer that reads (or approximates) your IP address. We may also use information derived from your visits to the Site to provide you with targeted advertising on the Site. To “opt-out” of the third party advertiser data collection, please click here. http://www.networkadvertising.org/consumer/opt_out.asp
Web Beacons
The Site (including our newsletters) may contain electronic images known as web beacons, also called single-pixel gifs, clear gifs or web bugs. Web beacons collect Non-Personal Information about your use of the Site, and your use of newsletters, and may also be used to place a cookie on a users' browser. Information collected by web beacons allows us to (i) statistically monitor how many people are using the Site, (ii) determine whether e-mail messages or newsletters we send have been opened or acted upon, and (iii) for what purposes these actions are being taken. They may be used to assist in delivering or accessing cookies on the Site and allow us to count users who have visited those pages. We do not use web beacons to track your activity outside of the Site. We may use Web beacons, provided by third-party advertising companies, to help manage and optimize our online advertising. Web beacons enable us to recognize a browser’s cookie when a browser visits this site, and to learn which banner ads bring users to our Web site. To “opt-out” of the third party advertiser data collection, please click here. http://www.networkadvertising.org/consumer/opt_out.asp
Log Files
Like most standard web sites, we use log files to store Non-Personal Information regarding IP (internet protocol) addresses, browser type, ISP (internet service provider), referring/exit pages, platform type, date/time stamp, and number of clicks. We use this information to analyze trends, administer the Site, track how users use the Site in the aggregate, and gather broad demographic information. Log file information is not linked to Personal Information.
3. USE OF INFORMATION
We use the Personal Information and the Non-Personal Information we collect (i) to provide you with the products and services you elect to receive through the Site, including email newsletters; (ii) to deliver any prizes you may win in contests or sweepstakes you choose to enter; (iii) to notify you about new features and services on the Site or other products and services from third parties that we think you will find interesting; (iv) in connection with the marketing efforts of Tonka Beans and/or our business partners; and (v) for analytical purposes to help us to improve the Site and for our business generally. Information about your activities on the Site (including both Personal and Non-Personal Information) may also be used to tailor the online ads you may encounter on the Site and/or the newsletter or other promotional emails you may receive to those we believe are consistent with your interests.
4. SHARING INFORMATION
Tonka Beans does not rent, sell or share your Personal Information with third parties except to provide products or services that you have requested, with your permission, or under the following circumstances:
- We partner with third parties to provide specific services which are available on the Site. When a user signs up for these services, we will share the user's name or other Personal Information necessary for the third party to provide these services to the user. The third parties have agreed not to use that Personal Information for any purpose other than providing the requested services.
- Third party vendors we engage to provide services on our behalf, such as hosting, are given access to Personal Information for use only to provide such services
- If Tonka Beans is merged or sold to a third party (including a sale of substantially all of its assets or the Site), such third party will be entitled to use the Personal Information, but only in accordance with the terms of this Privacy Policy.
- When we have a good faith belief that disclosure is required by law, such as when Tonka Beans responds to subpoenas, court orders or legal process.
- When Tonka Beans believes it necessary in order to investigate, prevent, or take action regarding illegal or improper activities, suspected fraud, potential threats to the rights, property or safety of Tonka Beans, its users or others, or violations of Tonka Beans’ Terms of Service or other policies.
- Tonka Beans may aggregate Personal Information and may disclose such aggregated information in a non-personally identifiable manner to content providers and other third parties for marketing, promotional and other purposes, including to customize the advertising and marketing messages you receive on the Site.
- We may send promotions to our users on behalf of selected third parties, or provide selected third parties with the means to send promotions to our users through a third party vendor, but we will not disclose your Personal Information with that third party without your consent.
- Tonka Beans may present you with opportunities on the Site to register for services offered by third parties. The registration may effected in a variety of forms, including through an opt-in button. If you click on a third party opt-in button Tonka Beans will provide that third party with your Personal Information so that the third party can register you for the service you have selected.
If we are legally compelled to disclose information about you to a third party, we will attempt to notify you by sending an email to the email address in our records unless doing so would violate the law or unless you have not provided your email address to us. Users will be notified if, in connection with the use of a particular service on the Site, their Personal Information will be collected by any outside third-party so that the user can determine whether they wish to proceed with a service that will involve an outside party having access to their information.
The Site contains links to third party web sites, which may include advertising. When you click on such links you will go to a third-party web site where you will be subject to that third-party's privacy policies. Please be aware that Tonka Beans is not responsible for the privacy practices of such other web sites and we expressly disclaim any and all liability for the actions of third-parties, including, without limitation, actions relating to the use and/or disclosure of personal information by such third-parties. We encourage our users to be aware of when they leave our web site and enter a third-party web site and to read the privacy statements of each and every web site that collects their personal information. This Privacy Policy applies solely to information collected by the Site and does not apply to any information (Personal Information or otherwise) collected from any third party site.
5. SECURITY
The security of your Personal Information is important to us. Tonka Beans uses reasonable security measures to protect against loss, theft, misuse, alteration or improper disclosure of Personal Information of our users. However, no computer system or information can ever be fully protected against all possible risks and it is not possible to guarantee the security or integrity of the Personal Information you provide online. Notwithstanding Tonka Beans’ security measures, you should be aware that when you submit Personal Information to the Site over the Internet, the information may travel over many systems that are not under Tonka Beans’ control and may not be secure. It is your responsibility to keep your password for the Site confidential as anyone who has access to your password will have access to the Personal Information you have submitted.
6. UPDATING/CORRECTING PERSONAL INFORMATION
If your Personal Information changes or if you no longer desire to use the Site, you may correct or update your Personal Information or unsubscribe from newsletters or other services by going to My Dashboard’s Edit tab on the Site.
7. CHOICE/OPT OUT
Users are required to provide Personal Information as part of the Site’s registration process. However, after registration, users may modify their privacy settings as described in Section 6 above to opt-out of receiving various categories of email from Tonka Beans and its third party partners, including allowing users to elect to have their email address removed from the Tonka Beans marketing and promotional address lists. If a user does not opt-out, then that user is agreeing that Tonka Beans has the right to use its Personal Information in any manner as permitted by this Privacy Policy. Occasionally, Tonka Beans may send out service-related announcements regarding the Site. For instance, if the Site is temporarily suspended for maintenance, we might send you an email informing you of such service interruption. Users may not opt-out of receiving these service-related communications.
8. CHILDREN UNDER THE AGE OF 13
The Site is not directed to children under the age of 13 and children under the age of 13 should not use or register for the Site. Tonka Beans will not knowingly collect Personal Information on or through the Site from anyone under 13. Please be aware that certain areas on the Site may contain mature content and you may be exposed to Content on the Site that you find upsetting, indecent or objectionable. The Site is available to people at least 13 years of age, but if you are between 13 and 18 years of age, you agree that you have received parental permission to register for the Site. By using the Site you assume all risk associated with its use. Parents are responsible for supervising their children's use of the Site (which should be permitted by parents only for those 13 and older) and we encourage parents to maintain open communication regarding appropriate materials for use and viewing by their children. Each parent assumes full responsibility for ensuring that their under age 13 children do not use the Site and that the registration information of any of their children 13 or older is kept secure and that the information submitted is accurate, as well as for the interpretation and use of any information or suggestions provided through the Site to the child.
9. CALIFORNIA PRIVACY RIGHTS
Users of the Site who are residents of California may request certain information regarding our disclosure, if any, of Personal Information to third parties for purposes of their direct marketing. If you want to make this request, you may contact us at the address and email listed below.
10. CHANGES TO PRIVACY POLICY
Tonka Beans may revise this Privacy Policy from time to time to reflect changes in the law or the industry, our information collection and use practices, features of the Site, technology or for other reasons. Changes to this Privacy Policy will be posted on the Site along with the “effective” date of the change which will be noted at the beginning of this Policy. Your continued use of the Site following the posting of changes will signify your acceptance of those changes. You are responsible for reviewing the Privacy Policy posted on the Site periodically so that you stay current on the Privacy Policy in effect for the Site.
If you have any questions or concerns about this Privacy Policy, please contact us by email at questions@tonkabeans.com or by regular mail at: Tonka Beans, 455 Central Park West, Suite 17A, NY, NY 10025.
