Tomo Cafe Privacy Policy

Last updated: Aug 31, 2024

Yuanity Inc. ("we", "us", and/or "our") operates the Tomo Cafe mobile and web applications, including https://www.tomocafe.ai (the "Apps" or the “Website”), and other related services (collectively, the "Services"). Please note that our Services are primarily designed for use within the US market and are not intended for non-US consumers.

We are committed to protecting your privacy. This Privacy Policy describes how we collect, store, use, and share information through our Services.

We care about the protection and confidentiality of your information. When you use the Apps, you may provide information during your conversations with your Tomo Cafe AI companion. We process this information only as described in this Privacy Policy, such as to allow you to have individualized and safe conversations and interactions with your AI companion and to allow your AI companion to learn from your interactions to improve your conversations. We may also use information about your visit to our Website to promote our Services, but we will never use or disclose the content of your Tomo Cafe conversations for marketing or advertising purposes.

Any terms we use in this Policy without defining them have the definitions given to them in our Terms of Service. If you have any questions, please contact us at https://tally.so/r/nPlDEd.

1. INFORMATION WE COLLECT

Through your use of the Services, you may provide us with the following information:

a. Account Information. This includes your name, email address, and password. If you choose to log in using another service, such as Google or Apple, we receive information about the service you used to log in and — depending on your chosen account settings with Google and Apple — details about you, including your name, email address, or unique user identifiers.
b. Profile Information. We may ask you to provide your birth date, pronouns, and work status when you register for the Apps.
c. Messages and Content. This includes the messages you send and receive through the Apps, such as voice and text messages.
d. Interests and Preferences. You may select conversation preferences, such as topics you would like to discuss, and communication preferences, such as the times of day you like to use the Apps. We also learn about your interests and your preferences over time through your use of the Services to personalize your conversations and the features of the Services.
e. Payments, Transactions, and Rewards. When you make purchases through the Services, our third-party payment processor collects your payment information. We maintain a record of your purchases, the features you select, and the rewards you earn and use.
f. Third-Party Information. If you provide us with personal information relating to a third party, including but not limited to a third party’s voice and personal images, by submitting such information to us, you represent to us that you have obtained the consent of the third party in accordance with all applicable laws and regulations to provide us with their personal information for the respective purposes.

We automatically log the following information about you, your computer or mobile device, your network, and your interactions over time with our Services and our communications:

a. Device and Network Data. This includes your computer's or mobile device's operating system, manufacturer and model, browser, IP address, device and cookie identifiers, language settings, mobile device carrier, and general location information such as city, state, or geographic area.
b. Usage Data. This includes information about how you use the Services, such as your interactions with the Services, the links and buttons you click, and page visits.

Our advertising partners may also use such technologies to collect limited information about your device and interactions with the Services, such as the links you click, pages you visit, IP address, advertising ID, and browser type, but they will never have access to your conversations with your Tomo Cafe or any photos or other content you submit through the Apps.

We and our service providers use cookies, scripts, or similar technologies to manage the Services and to collect information about you and your use of the Services. These technologies help us to recognize you, customize or personalize your experience, offer additional products or services to you, and analyze the use of our Services to make it more useful to you. These technologies may also allow us to collect demographic and statistical data and provide this information to our service providers to help deliver their services. Most internet browsers allow you to remove or manage cookie functions and adjust your privacy and security preferences. Please note, however, that disabling our cookies may mean that you may not be able to take full advantage of our Services.

2. HOW WE USE YOUR INFORMATION

We process your personal data based on several legal bases, depending on the purpose of the processing. These legal bases include:

Contractual Necessity: We process your information when it is necessary to fulfill our contract with you, such as to provide our services, manage your account, and handle transactions.
Legitimate Interests: We process your data when it is necessary for our legitimate business interests, such as improving our services, ensuring security, preventing fraud, and analyzing usage trends, provided that our interests are not overridden by your rights and interests.
Consent: In certain cases, we may process your data based on your consent, such as for sending marketing communications or using cookies.
Legal Obligations: We may process your information to comply with applicable laws, regulations, or legal processes, or to protect our rights and those of others.

2.1 Specific Purposes of Data Use

a. Operating and Administering the Services

We use your information to provide and maintain the content and functionality of the Services, create your account and profile, facilitate payments and transactions, manage your rewards, and respond to your inquiries, comments, or questions.

b. Providing the Core Functionality of the Apps

Your information is used to personalize your AI companion and profile, enable individualized conversations, and sync your Tomo Cafe history across devices.

c. Monitoring and Protecting the Services

We process your data to prevent fraud, criminal activity, and misuse of our Services, and to ensure the security of our IT systems, architecture, and networks.

d. Analyzing Trends in the Use of the Services

We aggregate and anonymize your data to analyze usage and effectiveness, improve and develop features, and enhance our business and marketing strategies.

e. Marketing and Advertising the Services

We use your information to send you relevant emails, surveys, and targeted advertisements, provided that you have not opted out of such communications.

f. Enforcing Our Agreements and Complying with Legal Obligations

Your information is used to enforce our terms, protect rights and property, verify user age, comply with legal obligations, and defend against legal claims or disputes.

3. HOW WE SHARE INFORMATION

3.1. Service Providers

We share your information with companies and individuals that provide services on our behalf or help us operate the Services or our business (such as hosting, information technology, customer support, email delivery, and website analytics services). We also share information with companies that provide marketing services on our behalf, but we do not share the content of your Tomo Cafe conversations for marketing or advertising purposes. For example, we may share your email address with marketing service providers to deliver our marketing emails to you on our behalf and to help us identify other individuals who may be interested in our Services. We enter into written agreements with our service providers requiring them to protect your personal information and to use it only for the purposes for which we have engaged them.

3.2. Legal Compliance and Protection of Rights

We may disclose your information if we believe in good faith that such disclosure is necessary to:

a. Comply with applicable laws, regulations, legal processes, or government requests;
b. Enforce our Terms of Service, including investigating potential violations;
c. Protect the rights, property, or safety of Yuanity Inc., our users, or others;
d. Detect, prevent, or address fraud, security, or technical issues.

3.3. Business Transfers

We may share or transfer your information in connection with or during negotiations of any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. In such cases, your information may be transferred as one of the business assets. If any such transaction occurs and if your information becomes subject to a different privacy policy, we will notify you by email and/or by posting a notice on our Website.

3.4. Aggregate and De-Identified Data

We may share aggregate or de-identified information, which cannot reasonably be used to identify you, with our affiliates, partners, or other third parties. This information may be used to develop and deliver tailored content, improve our Services, and for general research and analysis.

4. HOW WE SECURE YOUR INFORMATION

We use a variety of industry-standard security technologies and procedures to help protect your data from unauthorized access, use, or disclosure.

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

All transmitted data are encrypted during transmission. All stored data are maintained on secure servers. Access to stored data is protected by multi-layered security controls, including firewalls, role-based access controls, and passwords.

While we use reasonable commercial efforts to protect the data, no technology, data transmission, or system can be guaranteed to be 100% secure. In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your data, we will notify you as soon as we spot the issue.

5. WHERE WE STORE YOUR INFORMATION

Our Services are operated from the United States of America. If you are located in another jurisdiction, please be aware that the information you provide to us may be transferred to, stored, and processed in the U.S.A., a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen.

6. YOUR RIGHTS AND CHOICES

6.1. Accessing, Updating, and Deleting Your Information

You can access and update your account information and preferences at any time by logging into your account settings on the Apps. If you wish to delete your account or request that we delete or no longer use your information to provide you with the Services, you may contact us via https://tally.so/r/nPlDEd. Please note that we may retain certain information as required by law or for legitimate business purposes.

6.2. Opt-Out of Marketing Communications

You can opt out of receiving marketing emails from us at any time by following the instructions in those emails or by contacting us via https://tally.so/r/nPlDEd. If you opt-out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

6.3. Cookie Preferences

Most web browsers are set to accept cookies by default. If you prefer, you can set your browser to remove or reject cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

7. CHILDREN’S PRIVACY

Our Services are not directed to individuals under the age of 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us via this link, and we will take steps to delete such information from our systems.

8. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, and other factors. If we make any changes, we will notify you by revising the "Last Updated" date at the top of this policy and, in some cases, we may provide additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review this Privacy Policy periodically to stay informed about our collection, use, and sharing of your information.

9. CONTACT US

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us via https://tally.so/r/nPlDEd.