And now… For the fun fine print!
Information TMS Collects
User Provided Information:
You provide certain personally identifiable information (such as your name and email address) to TMS when creating an account or choosing to participate in various activities on the Website, such as interacting with the budgeting tools, entering contests or sweepstakes, participating in promotions, responding to surveys, or subscribing to newsletters or other mailing lists.
TMS receives your personally identifiable information when you use TMS software applications that are available on third party websites and you are invited to register and create a personal account with such third party websites in order to save any items created using the TMS software applications available on such website.
TMS collects and stores information required to conduct business transactions requested by our customers (such as the purchase of any items for sale on the Website) and to properly conduct communications with our customers. Such information may include personally identifiable information. Personally identifiable information is information that tells us specifics about you, such as your name, address, IP address, e-mail address, phone number, credit card number, bank account number and other similar information. Except as provided below, TMS will not divulge personally identifiable information about you to any third party, unless you give us express consent to do so. Not unless you say the word, sister. TMS may share non-identifying aggregated demographic information with our affiliates, partners and advertisers.
Log File Information:
When you use the Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser. That’s right; we keep old-school cyber “logs” just like any other business. But don’t worry—your info is safe with us!
The Way TMS Uses Information
If you submit personally identifiable information to us through the Website, then we use this information to operate, maintain, and provide to you the features and functionality of the Website. So help us help you: we want you to love what we’ve got going on!
Any personally identifiable information including, without limitation, any text, image, photo, drawing, video or other content that you voluntarily save and publish online (each a “User Submission,” or those stories we talked about before) on the Website becomes publicly available and can be collected and used by others. Any User Submissions that you submit to the Website may be redistributed through the internet and other media channels, and may be viewed by the general public.
We may use your email address or other personally identifiable information to send commercial or marketing messages. We may use your email address for non-marketing or administrative purposes (such as notifying you of major Website changes or for customer service purposes). We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends. In short, the info you give us helps us to give you an even more awesome experience. So…thanks!
If you are using this Website to purchase any goods or services, TMS may need for you to provide us with certain financial information so that TMS may effect the payment transaction. As part of our payment system, TMS or third parties performing sales processing services on our behalf, will collect, store and use non-public personally identifiable information, such as your name, address, credit card number, bank routing number and bank account number, your account number with us and your e-mail address. In addition, the payment system will also collect information regarding the actual bill payment transaction, including the date and amount paid. TMS will store and protect this information in the same manner that TMS stores and protects other personal information. That is, safely under cyber lock and key.
If you begin but fail to complete the registration or purchase process for any products available on the Website, we may contact you in an effort to help or send you other emails with details about TMS products or other services that may be of interest. You can opt-out of receiving these emails by clicking on the opt-out link included in the email you receive.
When TMS Discloses Information
We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law) or respond to a court order, subpoena, or search warrant. This is serious stuff, folks; we’ll comply accordingly.
You hereby grant TMS and its representatives the right to access your account and records as necessary to investigate any use of the Website or Services including, but not limited to, copyright infringement, abuse, and/or harassment. Again, it’s in your benefit to just act like reasonably responsible adults while you’re here so we won’t have any issues.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times. And change those passwords frequently for optimum security! (Yes, Mom…).
Any personally identifiable information that TMS may collect about you is saved in a profile that is kept on our server. The profile includes your contact information and billing information where applicable. You can help us maintain the accuracy of your profile by updating the information in your profile when you change your address, phone number or e-mail address. If you wish to update your contact or billing information, you can do so when you log in to our customer section. Otherwise, you can let us know of any changes to your information by contacting us. Please include your current contact information so that TMS can make the appropriate corrections.
Third-party Advertisers, Links to Other Sites
TMS does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks TMS to show an advertisement to a certain audience (for example, women ages 18-34) or audience segment (for example, women ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Website, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
Our Commitment To Data Security
TMS will use commercially reasonable physical, electronic and procedural safeguards to protect the security, integrity and privacy of information under our control. (AKA, we will protect this house!) These security measures include IP address validation, SSL (secure socket layer) encryption and password protection. Although TMS will exercise reasonable care in providing secure transmission of information between your computer and our servers, due to the inherent insecurity of the internet, TMS cannot ensure or warrant the security, integrity or privacy of any information or data transmitted to us over the Internet and TMS accepts no liability for any breach of security or any unintentional disclosure, loss or misuse of any such information or data or for the actions of any third parties that may obtain any such information or data.
If TMS learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. TMS may post a notice on the Website if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Our Commitment To Minors’ Privacy
Protecting the privacy of children is especially important to TMS. For that reason, TMS does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Website from persons under 13 years of age without parental consent. If TMS learns that personally identifiable information of persons under 13 years of age has been collected on the Website without verified parental consent, then TMS will take the appropriate steps to delete this information.
If a minor under the age of 13 attempts to register for the Website, the Website will instruct such minor to obtain parental consent for registration. The Website will instruct any such minor to provide a parent’s email address for parental permission, verification and confirmation of the minor’s attempt to create and account. A subsequent email will be sent from TMS to the parent seeking verifiable confirmation that the parent consents to their child’s use of the Website and creation of an account, and identifying the types of information that TMS collects about users under the age of 13. It’s like a permission slip to the coolest financial field trip they’ve ever been on. But they need permission first.
Only upon TMS’s receipt of an email from a parent indicating that such parent has provided permission for his or her child under the age of 13 to register for the Website and create an account, will such child under the age of 13 be able to register and create an account in connection with the Website.
TMS collects the first and last name, email address, IP address, age, parent’s email address and county of residence from Users under the age of 13. TMS uses this information to develop mechanisms to enhance an end-user’s experience and to tailor advertisements for goods and services.
TMS does not share the personal information of minors under the age of 13 with third parties. However, to the extent that certain third party links available on the Website require individuals accessing such sites to register for such sites, Users under the age of 13 will need to separately register with such third party sites and may not be able to access the services available on such sites without registration.
Special Note to Users Outside of the United States
In the Event of Merger, Sale, or Bankruptcy
In the event that TMS is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of TMS’s bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used. But of course we don’t plan on that happening…after all, we’re Rich Bitches!
You also agree that, in the event any dispute or claim arises out of or relating to your use of the Website, you and TMS will attempt in good faith to negotiate a written resolution of the matter. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, you and TMS shall join in mediation services in Los Angeles, California with a mutually agreed upon mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them. So let’s be civil, and work it out between us. We may not know what the issue is but are sure that we can help make it better!