This Agreement describes what information we gather from you, how we use that information, and what we do to protect it. By using the Site, you expressly consent to the information handling practices described in this Agreement. If you do not want information about you to be used in the manner set forth in this Agreement, please do not use the Site.
You may withdraw your consent to the use and disclosure of your personal information at any time, unless the personal information is necessary for us to fulfill our legal obligations. We will respect your decision, but we may not be able to provide you with certain products and services if we do not have the necessary personal information. To withdraw consent, please see the contact information and the bottom of this Agreement.
This Agreement is incorporated into and is subject to Tommy Gun’s Terms of Service. Your use of the Site and any personal information you provide on the Site are subject to the terms of this Agreement and the Terms of Service. Any capitalized terms used but not defined herein shall have the meaning set forth in the Terms of Service.
This Agreement and the Terms of Service constitute the entire and only agreement between us and Users and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.
The Information We Collect
- User-provided Information: When you use the Site, personally identifiable information is obtained which may include your name, email, mailing address, location, financial information, etc. All information obtained, including information from third party sources, is treated in accordance with this Agreement. This collection on our behalf is with the assumption that you are over the age of 18. We do not knowingly collection information from children under the age of 18.
- Third Party Web Beacons: We may also implement third party content, such as advertising, on the Site that uses “clear gifs,” “web beacons,” or other similar techniques, which allow the third party content provider to read and write cookies to your browser, or implement similar tracking mechanisms, in connection with your viewing of that third party content displayed on the Site. This may include retargeting ads via social sites and for such sites as Google Analytics to track user clicks, pages visited, target demographics and campaign success metrics. This information is collected directly by the third party, and Tommy Gun’s does not participate in that data transmission. Information collected by third parties in this manner is subject to that third party’s own data collection, use, and disclosure policies.
The Way Tommy Gun’s Uses Information
- Tommy Gun’s generally uses the information you provide or that we collect to operate, maintain, enhance, provide all of the features and services found on the Site, to efficiently perform transactions, to perform quality assurance, sales analyses, to enhance our relationship with you including such as “He Time”, to “check in for your next service,” and other business analyses. If you have provided consent, we may use your personally identifiable information to provide you with information about Tommy Gun’s features, services and other offerings that may be of interest to you. We may also send information or offers to groups of users on behalf of other businesses. Under certain circumstances (for example if you win a contest) we may post your personally identifiable information on the Site. However, we will notify you of this possibility when collecting personally identifiable information or we will obtain your consent. We may share your personally identifiable information with certain other Sites that we link to (and that you click on) in order to enhance your experience in connection with the Site.
- Tommy Gun’s may use “cookies” information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) provide customized third-party advertisements, content, and information; (c) monitor the effectiveness of third-party marketing campaigns; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities.
When Tommy Gun’s Discloses Information
- Required by Law: Tommy Gun’s may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with provincial and federal laws (such as Canadian Copyright law) or respond to a court order, judicial or other government subpoena, or warrant. In some cases, we may make such disclosures without first providing notice to Users.
- Merger or Acquisition: In the event that Tommy Gun’s 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 that we have collected from Users as part of such merger, acquisition, sale, or other change of control.
- Other Purposes: Tommy Gun’s also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Tommy Gun’s from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Site; or to protect the rights, property, or personal safety of Tommy Gun’s, our Users, or others.
- Payments. You represent and warrant that if you are purchasing something from us or from merchants that (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by you or your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
- Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, which are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents, if any.
- Links to Other Web Sites. The Site may contain links to other Web sites from time to time. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
- Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted material that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Information and Press Releases. The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
- Submissions. All remarks, suggestions, ideas, graphics, or other information that you communicate to us through this site become and remain our property, even if this Agreement is later terminated. This means that:
- We do not have to treat any such submission as confidential;
- You cannot sue us for using the ideas you submit (including, but not limited to, product or advertising ideas);
- If we use them, or anything like them, we do not have to pay you or anyone else for them, and
- We will have exclusive ownership of all present and future rights to submissions of every kind.
- We can use them for any purpose, without compensating you or anyone else for them. You acknowledge that you are responsible for any submission you make, in other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
- Miscellaneous. This Agreement shall be treated as though it were consummated and performed in Kelowna, British Columbia, Canada, and shall be governed by and construed in accordance with the laws of the Province of British Columbia (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth herein or in any Terms and Conditions. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Kelowna, British Columbia, Canada. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
If you register as a member of Tommy Gun’s, you may update, correct, or delete your profile information and preferences at any time by going to your account settings page.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Third Party Applications
Tommy Gun’s endeavors to make the educational videos and content available through Site as broadly available as possible. To encourage this, Tommy Gun’s makes available to third party application developers and service providers (“App Developers”) an application programming interface (“API”) for use in creating complementary or additional services for users (such as creating mobile applications that provide access to Tommy Gun’s content). Through the API, Tommy Gun’s may allow App Developers to access a variety of personal information related to your use of the Site and related services, including your username or other unique identifier, messages, comments, browsing history on the Site, exercise history and other information related to your use of the Site. When you use, download or access an application or service from such App Developers, we may give them access to such personal information you have provided or we have collected. The first time an App Developer wishes to access your information through the API for a particular service or application, you will first be given the option to approve such access to your information by such service or application. You understand that you may not have access to certain features or services if you choose to not provide such access to your information to App Developers.
You understand and agree that such App Developers may use this information for its internal business purposes in operating its services and may also disclose such information to its other customers and users. You should consult the respective privacy policies of these third-party services and application. This Agreement does not apply to, and we cannot control the activities of, such App Developers.
Access to records containing personal information
You have a right of access your own personal information in a record that is in our custody or under our control, subject to some exceptions. For example, organizations are required under the Personal Information Protection Act to refuse to provide access to information that would reveal personal information about another individual. Organizations are authorized under the Act to refuse access to personal information if disclosure would reveal confidential business information. Access may also be refused if the information is privileged.
If we refuse a request in whole or in part, we will provide the reasons for the refusal. In some cases where exceptions to access apply, we may withhold that information and provide you with the remainder of the record. Please note the contact information at the bottom of this Agreement.
Our Commitment to Data Security
Tommy Gun’s uses certain physical, managerial, and technical safeguards designed to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Tommy Gun’s, and you do so at your own risk. No data transmission over the Internet, any wireless network, or telecommunication network can be guaranteed 100% secure. Once we receive your transmission of information, Tommy Gun’s makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
This Agreement does not apply to any content or other information that you submit for use in publicly available areas.
If Tommy Gun’s learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Tommy Gun’s may post a notice on the Site 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.
The Site is intended solely for visitors located within the Canada. If you nonetheless choose to use the Site from the European Union or other regions of the world with laws governing data collection and use that may differ from Canadian law, then please note that you are transferring your personally identifiable information outside of those regions to the Canada and by providing your personally identifiable information on the Site you consent to that transfer.
Changes and Updates to this Agreement
Questions and complaints
If you have a question or concern about any collection, use or disclosure of personal information by Tommy Gun’s, or about a request for access to your own personal information, please contact in the first instance, at the following:
TG Corporate Holdings Limited
#100, 565 Bernard Ave.
Kelowna, BC V1Y 8R4
By phone: 250-869-1639 ext. 108
By fax: 250-869-1638