TOSCA PRIVACY POLICY

Last Updated: August, 2021

In order to ensure transparency and give you more control over your Personal Information, this privacy policy (“Privacy Policy”) governs how we, Tosca Services, LLC, its affiliates and subsidiaries (“Tosca” “we”, “our” or “us”) use, collect and store Personal Data we collect or receive from or about you (“you”) such as in the following use cases:

We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices and your rights in relation to personal data. “Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals. Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement.

Table of contents: What information we collect, why we collect it, and how it is used

  1. What information we collect, why we collect it, and how it is used
  2. How we protect and retain your Personal Data
  3. How we share your Personal Data
  4. Additional information regarding transfers of Personal Data
  5. Your privacy rights
  6. Use by children
  7. Interaction with third party products
  8. Log files
  9. Analytic tools
  10. Specific provisions applicable under California privacy law
  11. Contact us

This Privacy Policy can be updated from time to time and, therefore, we ask you to check back periodically for the latest version of this Privacy Policy. We will mention the date of the most recent amendment of this Privacy Policy at the bottom of this page and each amended version will be in force as from its publication. If we implement significant changes to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you either by sending you a notification to the email address provided during registration, or by posting a notice on our Website or by other means. We encourage you to check this Privacy Policy from time to time, in order to become acquainted with the most recent version.

  1. WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT AND HOW IT IS USED
Specific Personal Data we collectWhy is the Personal Data collected and for what purposes?Legal basis (GDPR only, if applicable)Third parties with whom we share your Personal DataConsequences of not providing the Personal Data    
When you browse or visit our Website
Cookies, analytic tools and log files   For more information, please read our cookies policy https://www.toscaltd.com/cookies-policy/
 
To analyze and support our Website (e.g., to understand the date and time you access our Website)To measure your interest in our services and our Website so we can improve it (e.g., to capture the internet address of the site from which you linked to our Website)To enable you to visit and use our Website, to ensure the Website is working properlyTo personalize the Websiteand to help us make the Website more usefulTo determine the number of visitors to different sections of our WebsiteTo see where leads are generated from in an attempt to better optimize our ongoing internet marketing efforts.Consent   Legitimate interest (e.g. essential cookies)For more information, please read our cookies policy https://www.toscaltd.com/cookies-policy/     Certain non-essential Website features may not be available   Read more about the purposes of each cookie here https://www.toscaltd.com/cookies-policy/
When you make use of, or interact with, our Website
When you create an account, log in and make use of our Platforms
Full nameEmail addressPhone numberCountryUser name and password Company name and other relevant details related to the shipping information, to the extent that contains Personal Data Any other information that you decide to provide or supply us with, to the extent that includes Personal Data  To create your account and to allow you to perform the registration and management of your account. If you have registered yourself as the owner of, or provider of, services, we will send you emails to the email address you have provided us with for contract-related purposes. To process the order of the productTo allow you to log inTo be able to enjoy features available to registered users onlyTo allow you to monitor order status, invoicing, and reporting with our real-time logistics software.To give you visibility to and command of your entire operation. To improve your use of our products and servicesTo perform/execute the purchase To customize your experienceProcessing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract   Legitimate interest (e.g. to create your account)3rd party platforms such as for the following purposes:   Pool-IT (Bexter)Datawarehouse (Arxus)Master Data Hub (Dell Boomi)Microsoft Dynamics 365 CRM Netsuite (Oracle)iLog (Microsoft Azure Hosted) Salesforce CRMAWS (cloud) Microsoft Azure (cloud)  Cannot create an account and to allow you to perform the registration and management of your account   Cannot process the order of the product   Cannot allow you to log in   Cannot be able to enjoy features available to registered users only   Cannot allow you to monitor order status, invoicing, and reporting with our real-time logistics software   Cannot give you visibility to and command of your entire operation   Cannot improve your use of our products and services   Cannot perform the agreement   Cannot customize your experience  
First nameLast NameTo send you marketing communicationsConsent3rd party platforms such as for the following purposes: Pardot (Marketing automation system)Salesforce (CRM tool)Wordpress (Content management systems)Cannot send you marketing communications
When you request to obtain additional information about Tosca’s products and services
First nameLast Name Business email addressCompany nameBusiness addressAny other Personal Data that you decided to provide or supply us with  To send you additional information regarding Tosca’s products and servicesTo ship you a sample for you to consider our products and servicesProcessing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract   Legitimate interest (e.g. to send you additional information requested by you)3rd party platforms such as for the following purposes:   Pardot (Marketing automation system)Salesforce (CRM tool)Cannot send you additional information regarding Tosca’s products and services   Cannot ship you a sample for you to consider our products and services
First nameLast NameTo send you marketing communicationsConsent3rd party platforms such as for the following purposes: Pardot (Marketing automation system)Salesforce (CRM tool)Wordpress (Content management systems)Cannot send you marketing communications
When you subscribe to receive notification of our blog and/or newsletter
Email addressFull namePhone numberCountry  To add you to our blog mailing listTo send you marketing communications    Consent  3rd party platforms such as for the following purposes:   Pardot (Marketing automation system)Salesforce (CRM tool)Wordpress (Content management systems)Cannot add you to our mailing list   Cannot send you marketing communications
When we process your job application
Full nameEmail addressPhone numberCV and cover letterLinkedIn detailsAny other data that you decide to provide/supply us with  To process your job application   To assess the candidate   Note: For the avoidance of doubt, this use case shall apply to the CVs submitted by the Website or by any other methods (e.g., HR and recruitment agencies (Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract   Legitimate interest (e.g. to assess a candidate)3rd party platforms such as for the following purposes:   Success Factors (HR tool)  Cannot process your job application   Cannot assess your suitability as a candidate  
When you contact us (e.g. customer support, need help, submit a request)
Full nameEmail addressCompany nameRole/TitleMessage, descriptions of your interests and any other information that you decide to provide supply us with, to the extent that includes Personal DataPhone numberLocation (country) Any other data you decide to provide/supply us withTo process and answer your questions and remarks, including, to provide you with information on ToscaTo provide support (e.g., to solve problems or other issues)To customize your experience  Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.   Legitimate interest (e.g. respond to a query sent by you)3rd party platforms such as for the following purposes:   Pardot (Marketing automation system)Salesforce (CRM tool)Wordpress (Content management systems)  Cannot assist you and respond your query   Cannot provide support   Cannot customize your experience
Full nameEmail address  To send you marketing communicationsConsent3rd party platforms such as for the following purposes:   Pardot (Marketing automation system)Salesforce (CRM tool)Wordpress (Content management systems)Cannot send you marketing communications
When you attend a marketing event and/or we exchange business cards and you provide us with your Personal Data
Full NameEmail AddressCompany nameJob titlePhone numberAny other information that you decide to provide or supply us with, to the extent that includes Personal DataTo establish a business connectionTo send you marketing communications  Depending on the context, legitimate interest (e.g. showing you certain services that you have shown an interest in in a B2B situation) pre-contractual discussions or consent  3rd party platforms such as for the following purposes:   Pardot (Marketing automation system)Salesforce (CRM tool)  Cannot establish a business connection   Cannot send you marketing communications

When we acquire your Personal Data from third-party sources (such as lead-generation companies)
Contact detailsTo establish a business connectionDepending on the context, legitimate interest (B2B marketing), pre-contractual discussions or consent  3rd party platforms such as for the following purposes:   Pardot (Marketing automation system)Salesforce (CRM tool)Cannot establish a business connection
When we use the Personal Data of our customers (e.g. contact details)
Company detailsPayment informationCustomer number and sales tax identification numberFull name, email address and phone number, fax number of the contact person in the companyAny other information that you decide to provide or supply us with, to the extent that includes Personal DataTo provide our products and services   To perform the applicable agreement   To communicate with you (e.g. Information concerning products which can be purchased from Tosca)    Processing is necessary for the performance of a contract to which our customer is a party.   Compliance with a legal obligation (e.g. tax laws, bookkeeping laws, etc.).   Legitimate interest (e.g. send you contract-related communications)  3rd party platforms such as for the following purposes:   Pardot (Marketing automation system)Salesforce (CRM tool)MSFT Dynamics CRM 365  Cannot provide the services and/or our products   Cannot perform the agreement   Cannot communicate with you  
Full name Email address  To send you marketing communicationsConsent3rd party platforms such as for the following purposes:   Pardot (Marketing automation system)Salesforce (CRM tool)Cannot send you marketing communications
When we use the Personal Data of our service providers (e.g. contact details)
Full name Email address Company namePayment informationPhone numberJob positionAddressAny other information that you decide to provide or supply us with, to the extent that includes Personal DataTo contact our service providers   To perform the applicable agreement To send contract-related communications      Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.   Compliance with a legal obligation (e.g. tax laws, bookkeeping laws, etc.).   Legitimate interest (e.g. perform the contract, send contract-related communications)3rd party platforms such as for the following purposes:   Salesforce (CRM tool)AWS (cloud)Microsoft Azure (cloud)  Cannot communicate with you   Cannot perform the applicable agreement   Cannot send contract-related communications
When you interact with us on our social media profiles
Full name Email address Company nameAny other Personal Data you decide to provide/supply us with    To reply and/or respond to your request or questionTo send you additional information (when requested by you)Depending on the context, consent or legitimate interest (e.g. send you more information about Tosca in certain B2B situations)3rd party platforms such as for the following purposes:   Pardot (Marketing automation system)Salesforce (CRM tool)Social media channelsCannot reply or respond to your request   Cannot send you additional information (when requested by you)  

Finally, please note that some of the abovementioned Personal Data will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes. Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize or de-identify your Personal Data and further use it for internal and external purposes, including, without limitation, to improve the services and for research purposes. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).

2. HOW WE PROTECT AND RETAIN YOUR INFORMATION

2.1 Security. We have implemented appropriate technical, organizational and security measures designed to protect your Personal Data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

2.2 Retention of your Personal Data. Your Personal Data will be stored until we delete the record and we proactively delete it or you send a valid deletion request, in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings. We have an internal data retention policy to ensure that we do not retain your Personal Data perpetually. Regarding retention of cookies, you can read more in our cookie policy https://www.toscaltd.com/cookies-policy/

3. HOW WE SHARE YOUR PERSONAL DATA

In addition to the recipients described above, we may share the abovementioned categories of the Personal Data as follows:

3.1 With our business partners with whom we jointly offer products or services. We may also share Personal Data with our affiliated companies about you. They may combine this Personal Data with other details they hold about you. Unless they provide you with their own privacy policy, they may use your Personal Data for the purposes explained in this Privacy Policy. We are part of the Tosca group, which is a global organization. For the purposes explained in this Privacy Policy, we may transfer your Personal Data to Tosca group companies (including service providers operating on their behalf) and other third parties in countries which do not have the same level of data protection laws as those in the country where you are located. Tosca uses several legal mechanisms, including EU Standard Contractual Clauses, to help ensure that your rights and protections travel with your Personal Data. Each Tosca group company will comply with the key data protection principles of fair handling of Personal Data and ensuring adequate level of protection of Personal Data.   

3.2 To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;

3.3 If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events;

3.4 In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company; and/or

3.5 Where you have provided your consent to us sharing or transferring your Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).

If you want to receive the list of the current recipients of your Personal Data, please make your request by contacting us to info@toscaltd.com.

4. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

4.1 Storage:

4.1.1 AWS with servers located in North Virginia and Microsoft Azure with servers located in Virginia and Amsterdam

4.1.2 Bexter (product name Pool-IT), hosted in Azure Microsoft with servers located in the Netherlands

4.1.3 Arxus  (product name Datawarehouse), with servers located in Belgium

4.1.4 Oracle (product name Netsuite), with servers located in the Netherlands

4.1.5 Dell Boomi (product name Master Data Hub), hosted in AWS with servers located in the Netherlands

4.1.6 Microsoft Azure (CRM) with servers located in the US

4.2 Transfers: When Tosca engages in such transfers of personal information, it relies on i) Adequacy Decisions as adopted by European Commission on the basis of Article 45 of Regulation (EU) 2016/679 (GDPR) (for example, when we access from Israel), or ii) Standard Contractual Clauses issued by the European Commission. Tosca also continually monitors the circumstances surrounding such transfers in order to ensure that these maintain, in practice, a level of protection that is essentially equivalent to the one guaranteed by the GDPR.

4.2.1 Internal transfers: Transfers within the Tosca group will be covered by an internal processing agreement entered into by members of the Toscagroup (an intra-group agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to.

4.2.2 External transfers: Where we transfer your Personal Data outside of EU/EEA (for example to third parties who provide us with services), we will obtain contractual commitments from them to protect your Personal Data. Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

5. YOUR PRIVACY RIGHTS. HOW TO DELETE YOUR ACCOUNT

5.1 Rights: The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the GDPR):

5.2 You can exercise your rights by contacting us at info@toscaltd.com. You may use an authorized agent to submit a request on your behalf if you provide the authorized agent written permission signed by you. To protect your privacy, we may take steps to verify your identity before fulfilling your request. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

5.3 Deleting your account: Should you ever decide to delete your account, you may do so by emailing info@toscaltd.com. If you terminate your account, any association between your account and Personal Data we store will no longer be accessible through your account. However, given the nature of sharing on certain services, any public activity on your account prior to deletion will remain stored on our servers and will remain accessible to the public.

6. USE BY CHILDREN

We do not offer our products or services for use by children and, therefore, we do not knowingly collect Personal Data from, and/or about children under the age of eighteen (18). If you are under the age of eighteen (18), do not provide any Personal Data to us without involvement of a parent or a guardian. For the purposes of the GDPR, we do not intend to offer information society services directly to children. In the event that we become aware that you provide Personal Data in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at info@toscaltd.com.

7. INTERACTION WITH THIRD PARTY PRODUCTS


We enable you to interact with third party websites, mobile software applications and products or services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party Service.

8. LOG FILES

We use log files. We use such information to analyze trends, administer the Website, track users’ movement around the Website, and gather demographic information.

9. ANALYTIC TOOLS

We reserve the right to remove or add new analytic tools.

10. SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA PRIVACY LAW

10.1 California Privacy Rights: This Section 10.1 applies only to “consumers” (as defined under the California Consumer Privacy Act (“CCPA”)) who reside in California and whose Personal Information, as processed by Tosca, is subject to the CCPA’s individual privacy rights provisions. 

You have the right to request that businesses that are subject to the CCPA disclose certain information (what Personal Information the business collects, uses, and discloses) to you about their collection and use of your Personal Information and to disclose to you specific pieces of your Personal Information that a business has collected.  In addition, you have the right to ask such businesses to delete personal information collected from you, subject to certain exceptions. You may exercise such access and deletion rights through an agent.

If the CCPA applies to our processing of your Personal Information and you make one of the rights requests described above, please contact us as provided below. We will seek to verify your identity and your agent’s authority when we receive an individual rights request from you or on your behalf to ensure the security of your Personal Information. To do so, we will seek to match information we ask you to provide with information that we have already collected from you.

If a business sells personal information, you have a right to opt-out of that sale. Businesses may not discriminate against you for exercising any CCPA rights, such as the access and deletion rights described above.

10.2 Our California Do Not Track Notice (Shine the Light): Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers.  Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers, but we may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Services.

10.3 Deletion of Content from California Residents: If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Information you have publicly posted.  If you wish to remove such content or Personal Information and you specify which content or Personal Information you wish to be removed, we will do so in accordance with applicable law.  Please be aware that after removal you may not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

10.4 California Privacy Rights: California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to info@toscaltd.com. Please note that we will respond to one request per customer each year, unless otherwise required by law.

11. CONTACT US

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at info@toscaltd.com or by post at 1175 Peachtree Street, Suite 1900, 1175 Peachtree Street, Suite 1900, Atlanta, GA 30361.

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