Privacy Policy

Last modified: July 7, 2022

TABLE OF CONTENTS:

1. Privacy policy for the USA
2. Privacy policy for the EU

Introduction

Tergo, LLC (“Company”, “our”, or “we”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website <tergo.io> (our ‘Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:

On this Website.
In email, text, and other electronic messages between you and this Website.
Through mobile and desktop applications you download from this Website or from dedicated app stores, which provide dedicated non-browser-based interaction between you and this Website.

It does not apply to information collected by:

Us offline or through any other means, including on any other website operated by Company or any third party; or
Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 18

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at hello@tergo.io.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
That is about you but individually does not identify you, such as age, gender, birthday, automatically recorded dates and times of visits to the Website, or other information that we may collect to assess demographic engagement; and/or
About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details,
IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Website may include:

Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, purchasing products or services, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes. Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

You also may provide information to be published or displayed (hereinafter, ‘posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”), such as reviews or user experiences. Your User Contributions are posted on and transmitted to others at your own risk.
Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable.
Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual
interests
Speed up your purchases or interactions.
Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account or subscription, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
To allow you to participate in interactive features on our Website.
In any other way we may describe when you provide the information.
For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:

To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Tergo, LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Tergo, LLC about our Website users is among the assets transferred.
To fulfill the purpose for which you provide it. For example, if you give us an email address to make a purchase through our Website, we will transmit the a confirmation of that purchase to the email address.
For any other purpose disclosed by us when you provide the information.
With your consent.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our terms of use <tergo.io/tou> or terms of sale <tergo.io/tos> and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Tergo, LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Promotional Offers from the Company. If you do not wish to have your contact information used by the company to promote our own or third parties products or services, you can opt-out by loggina into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes. This opt out does not apply to information provided to the Company as a result of a product purchase, product service experience, or other transactions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way.
You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NA|”) on the NAI’s website.

Your State Privacy Rights

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

Confirm whether we process their personal information.
Access and delete certain personal information.
Data portability.
Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights please send an email to admin@tergo.io.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password
contidential. we ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures of the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact

To ask questions or comment about this privacy policy and our privacy practices, contact us at:
admin@tergo.io.

The Privacy Policy has been adopted in order to establish clear and transparent rules for the protection of personal data and to provide information on the use of personal data, in compliance with the requirements of Regulation (EU) 2016/679 EU of the European Parliament and of the Council of 27 April 2016. (hereinafter: the “Regulation”).

1. Administrator of the data

The Controller of the personal data collected via the websites: tergo.io and pl.tergo.io and the Online Shop shall be the limited liability company TERRA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Poland (the office address and correspondence address: Piastowska 7/120, 80-332 Gdańsk, Poland), registered in the register of entrepreneurs of National Court Registry under the number: 0000857732; register court which holds the company’s documentation: District Court Gdańsk – Północ in Gdańsk, VIII Commercial Department of National Court Registry; share capital in the amount of: 500 000,00 PLN; tax ID no. NIP: 5862359150, National Economy Register No. REGON 386466110, e-mail address: hello@tergo.io – here in after referred to as “Controller”. TerGo LLC is a Personal Data Processor of company Terra and being simultaneously the Service Provider of the Online Shop and the Seller. In any matters related to the processing of personal data, you can contact the Administrator by writing to the following address: admin@tergo.io.

2. Glossary

The following glossary explains the content of the phrases used in this Policy:

2.1 “Privacy Policy” – means this document, which constitutes a set of rules related to the protection of personal data of the users of the Website and the use of Cookies.

2.2 “Website” – the website operating at: www.tergoscope.io , through which the Administrator publishes information about its business, as well as provides the Newsletter information service and other services by electronic means, the scope of which is described in the terms and conditions of use of the Website.

2.3 “User” – a natural person using the Website, regardless of whether that person uses only publicly available content or whether the Administrator provides any paid or unpaid services to that person electronically.

2.4 “Personal data” – information about an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person;

2.5 “Processing” – an operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

2.6 “Personal data profiling” – means any form of automated processing of personal data which involves the use of personal data to evaluate certain personal factors of an individual, in particular to analyse or predict aspects relating to that individual’s performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movement;

2.7 “Cookies” or “Cookies” – means text files that are stored on the device of the person using the web portal. These files are sent by the Website to the user’s browser. Each file has an anonymous identifier and allows you to identify the device in whose memory it has been stored for a specific period of time (the time after which the cookie is deleted). Cookies are stored in order to recognise your device, learn about your preferences and collect information about your previous activities on the Website.

3. Purposes and legal basis for data processing

In the course of using the Website and providing services electronically by the Administrator, the Administrator will process, inter alia, the following personal data, the provision of which is necessary in order to provide services electronically: (1) first and last name; (2) telephone number; (3) electronic mail (email) address; (4) mailing address.

Personal data may be processed by the Administrator on the basis of:

3.1 necessity (necessity) of data processing for the conclusion and performance of a contract or for taking steps prior to its conclusion (pursuant to Article 6(1)(b) of the Regulation), with regard to the following purposes: (1) to provide the service of sending information electronically (newsletter); (2) to enable access to materials related to the subject matter of the Website;

3.2 expressed consent (pursuant to Article 6(1)(a) of the Regulation), for the following purposes: (1) marketing of entities cooperating with the Administrator; (2) enabling the creation and operation of an Internet account on the Website, enabling the conclusion and execution of an agreement for the provision of services by electronic means with the Administrator; (3) the provision of services by electronic means by the Administrator, including the transmission of data directly related to the provision of services by electronic means.

3.3 the Administrator’s legitimate interest (pursuant to Article 6(1)(f) of the Regulation), for the following purposes: (1) the use of contact forms provided by the Administrator on the website, where the Administrator’s legitimate interest is to take care of the users of the website and to provide answers to the questions asked; (2) the defense against claims or the assertion of claims by the Administrator; (3) the settlement of payments made through the website, including the performance of obligations arising from tax law and the Act of 1 March 2018 on the prevention of money laundering and terrorist financing (Journal of Laws 2022, item 593, as amended).

In the case of certain services provided by the Administrator, providing personal data is a condition for concluding a contract. Refusal to provide personal data may prevent the conclusion and implementation of the agreement for the provision of electronic services and use of the full functionality of the Website.

4. Transfer of personal data

Personal data may be transferred to the Processors (within the meaning of the Regulation). Processors process personal data on behalf of the Administrator, on the basis of contracts concluded between them and the Administrator. Processing shall only take place to the extent necessary to achieve the purposes of the processing.

Personal data may be transferred, among others, to the following entities: (1) an accounting firm providing accounting services to the Administrator; (2) a law firm providing legal advice to the Administrator; (3) IT entities providing services necessary or support for the proper operation of the web portals operated by the Administrator.

Personal data will only be transferred to entities located in the United States and within the European Economic Area. All processors with whom the Controller works are required by law or by the provisions of data processing agreements to maintain the highest standards of personal data protection and to implement procedures with which an adequate standard of security is associated. In addition, each of the processors commissioned by the Controller will be required to implement and maintain technical and organizational measures, such as encryption or access control, to protect the personal data provided by the Controller from any processing for national security or other governmental purposes that goes beyond these purposes which is necessary and proportionate in a democratic society, taking into account the nature of the processing and the circumstances.

5. Period of retention of personal data

We process your personal data:

5.1 for such time as may be required by law, in particular until any claims have become time-barred or the obligation to archive such data, including the obligation to retain accounting or tax documents, has expired; or

5.2 for the period of time required to fulfill the purpose of their processing (legitimate interest), in particular until the performance of the contract concluded through the web portal, or until the cancellation of the services, in particular with regard to the newsletter service.

5.3 until it withdraws your consent to the processing of personal data, in the case of services provided on the basis of consent. The possibility to withdraw your consent exists at any time, but the withdrawal of consent does not affect the lawfulness of the processing of your personal data and related activities prior to the withdrawal of consent.

In the case of processing of personal data on the basis of a legitimate interest, the Controller will cease to process the data upon receipt of an objection to processing. However, in the case of certain services provided through the web portals belonging to the Administrator, the withdrawal of consent may result in the inability to provide the services and, consequently, the lodging of an objection to the processing of data will be tantamount to the immediate cessation of the services.

6. Rights in relation to the processing of personal data

6. 1 Right of access to data

Any person whose personal data is processed has the right to obtain full information regarding the personal data held about them, including a copy of the personal data processed by the Controller.

6.2 Right of rectification

Any person whose personal data is processed may request the rectification of his or her personal data that he or she considers to be incorrect. Completion of incomplete personal data may also be requested.

6.3 Right of erasure

Any person whose personal data is processed may request the erasure of his/her personal data in, inter alia, the following cases: (1) if the data are no longer necessary for the purposes for which they were collected; (2) if the person has withdrawn his or her consent to the processing and there is no other legal basis for the processing; (3) if the person has objected to the processing and there is no legitimate basis for the processing; (4) if the personal data have been processed unlawfully; (5) if the personal data must be erased in order to comply with a legal obligation provided by law, including the Regulation.

6.4 Right to data portability

Any person whose personal data is processed has the right to receive in a structured, commonly used machine-readable format the personal data relating to you that you have provided to us, where the processing of that data is based on consent or contract and by automated means. A request to send your personal data to another controller will only be fulfilled if it is possible to transfer the data in a secure and confidential manner.

6.5 Right to restrict data processing

Any person whose personal data is being processed may request that the processing of their personal data be restricted in the following cases where (1) the person disputes the accuracy of the personal data – for a period of time to allow for verification; (2) the processing is unlawful and the data subject objects to the erasure of the personal data, requesting instead a restriction of the use of the personal data; (3) the personal data are relevant for establishing, asserting or defending claims; (4) the data subject has objected to the processing – until it is established whether the legitimate grounds on the part of the Controller override the grounds for the objection.

6.6 Right to object to the processing

Any person whose personal data is processed on the basis of a legitimate interest of the Administrator may object at any time to the processing. The objection shall have effect from the moment it is received by the Administrator. The lodging of an objection may result in the inability to use the website and the provision of services by the Administrator, in which case, the mere lodging of an objection to the processing will be tantamount to an immediate suspension of the provision of services.

6.7 Right to withdraw consent to processing

Any person whose personal data is processed has the right to withdraw their consent to the processing of personal data at any time. The withdrawal of consent to processing will not affect the lawfulness of the processing carried out before its withdrawal. The withdrawal of consent may result in the inability to provide services and, consequently, the lodging of an objection to the processing will be tantamount to the immediate cessation of services.

6.8 Right of action

If we consider that our actions violate the principles of personal data protection, any person whose personal data is processed has the right to lodge a complaint with the President of the Office for Personal Data Protection, Stawki 2, 00-193 Warszawa, tel. (22) 531-03-00, email: kancelaria@uodo.gov.pl.

7. Automated decision-making and profiling

The controller does not envisage using personal data for automated decision-making, including profiling.

8. Cookies

The activities of the websites belonging to the Administrator are based on the use of cookies. The rules related to the use of cookies by the website operated by the Administrator are presented below:

8.1 Data collected by cookies

With the help of cookie technology, we collect anonymous statistical data, which is used in particular to optimise the Website, personalise the content, improve the user experience and minimise the nuisance of advertisements. The cookies do not contain any data identifying the user. The only information about the user, which, however, without being combined with other data, does not allow the user to be identified, is the IP address from which the person using the Website connects.

8.2 Use of cookies

In order to ensure the proper functioning of the Websites operated by the Administrator, as well as to ensure the highest quality of the services provided electronically, we may use the following types of cookies:

8.2.1 session cookies – these are information stored in the memory of your browser until you close it. These cookies are necessary for certain functionalities of the Website to work properly, recording your current activities.

8.2.2 permanent – they make using the Website easier. These cookies can be used for various purposes, including remembering your preferences and choices when using the Website. These cookies remain in your browser’s memory for an extended period of time.

8.2.3 own (first party cookies) – are stored by the website to improve the quality and comfort of the website’s functionality;

8.2.4 third party cookies – are used by third parties, including social networks, to track links and visits to other websites.

8.3 The cookies used by the Portal can be divided into the following categories:

8.3.1 Cookies necessary for the operation of the Website and the provision of services (“Necessary cookies”) – these cookies enable the use of the functionality of the Website. The processing of the data contained in these files is based on Article 6 (1) (f) of the Regulation (legitimate interest of the Administrator). You may object to such processing of your personal data, but in practice this may prevent you from using our Website.

8.3.2 Performance cookies for the Website (“Performance cookies”) – used to improve the performance of the Website. These cookies may be activated only with the consent of the person using the Website, expressed by clicking on the appropriate checkbox, which may be withdrawn at any time.

8.3.3 Personalisation cookies (“Functional cookies”) – these cookies store information about the Website user’s choices, enabling the presentation of personalised content. These cookies may only be activated with the user’s consent, expressed by clicking on the appropriate checkbox, which can be withdrawn at any time.

8.3.4 Cookies that make it possible to analyse the functionality of the Website (“Analytical cookies”) – these cookies make it possible to improve the functioning of the Website and to measure the effectiveness of marketing activities undertaken without identifying individual persons using the Website. Using analytical cookies, the Administrator creates aggregate statistics and analyses that help us understand how the Website is used. These activities allow us to continuously improve the structure and content of the Website in order to make it as responsive as possible to the needs of current and potential users. For these types of cookies, the Administrator may use, among other things, the Google Analytics tool, which is a web audience analysis service provided by Google, Inc. (“Google”). Google Analytics uses cookies to enable the website to analyse how users use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. These cookies may only be activated with your consent by clicking on the appropriate checkbox, which can be withdrawn at any time.

8.4 Storage of cookies

Permanent cookies will be stored on your device for a maximum of 12 months or until you withdraw your consent. Session cookies remain on the device of the person using the Website until they leave the Website or the software (web browser) is switched off.

8.5 Cookie management

By giving your consent to cookies, you can make full use of all the functions of the Website run by the Administrator and the provision of electronic services by the Administrator. Depending on the extent of the restriction

In order to restrict the use of cookies, please remember to configure your web browsers appropriately on the various devices belonging to you. Please refer to the “Help” section of the browser you are using for complete information on how to configure the various web browsers. Information on how to change the settings of the most common web browsers regarding cookies is presented below:

8.5.1 Google Chrome: Menu > Settings > Show advanced settings > Privacy > Content settings > Cookies – select the relevant option.

8.5.2 Internet Explorer: Menu > Tools > Internet options > Privacy – select the appropriate option.

8.5.3 Mozilla Firefox: Menu > Options > Privacy > History – select the appropriate option.

8.5.4 Opera: Menu > Preferences > Advanced > Cookies – select the appropriate option.

8.5.5 Safari: Menu > Preferences > Privacy > Cookies – select the appropriate option.

9. Amendments to the Privacy Policy

The Administrator of the Website may change the applicable Privacy Policy at any time by notifying persons using the services provided through the Website.

This Privacy Policy comes into force on October 28, 2023.

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