Information Collection
Tocara Inc. (referred to herein as “Tocara”, “our”, “us” or “we”) is the sole owner of the information collected on our web sites and on the replicated Tocara web sites that we provide for use by Tocara Independent Consultants (hereafter the “web sites”). We collect information from Independent Tocara Consultants and customers at different points on the web sites.
Tocara controls and operates the Tocara websites from its offices located in the Province of Quebec, Canada and the Tocara websites are not intended to subject Tocara to the laws or jurisdiction of any state, country or territory other than those of Canada. Tocara makes no representation or warranty that any Tocara website, in whole or in part, is appropriate or available for use in other locations. Those who choose to access the Tocara websites from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
Personally Identifiable Information
Through your use of our web sites, you may be required or requested to provide personally identifiable information to us. Personally identifiable information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person including names, addresses, email addresses, telephone numbers, social security and tax identification numbers, and credit card information.
Tocara Consultant and Customer Registration
In order to become a Tocara Consultant, an applicant must provide biographical and contact information (such as name, mailing address, telephone numbers, and email address) to us. We also require US applicant’s Social Security Number or Federal Tax ID Number so that we may prepare and file necessary non-employee compensation forms for the IRS. Certain customers may be required to register in order to purchase products directly from us (“Registered Customers”). Registered Customers will be required to provide contact information (such as name, mailing address, telephone number (s), and email address) and payment information (such as credit card or checking account information). We use this information to maintain contact with the customer and to process the Registered Customer’s orders.
Down line Genealogy Reports
As a direct sales company, Tocara provides certain information to Tocara Consultants regarding the other Tocara Consultants and Registered Customers enrolled in a Tocara Consultant’s down line marketing organization. If you enroll as a Tocara Consultant or Registered Customer with Tocara, your name, address, email address, and telephone number will be provided to your Sponsor and the four Tocara Consultants immediately above your Sponsor. No other personally identifiable information will be shared with other Tocara Consultants. Such information is made available to Tocara Consultants subject to a confidentiality and non-disclosure covenant in the Tocara Policies and Procedures.
Product Ordering
When you order products from us through any of our websites, you must provide us with mailing and contact information as well as payment information. This information is used for billing and payment purposes and to fill orders.
INFORMATION USE
Personally Identifiable Information
Personally identifiable information that is collected from Tocara Consultants and customers through Tocara Consultant and Customer Registration, Product Ordering and/or Surveys is used as described above. Tocara DOES NOT share personally identifiable information except as may be necessary to fill an order. Tocara may share aggregated information from time to time with its partners, vendors or other third parties. When such aggregate information is shared by Tocara, no personally identifiable information is shared.
Profile Information
Tocara stores information that it collects through cookies, log files, clear gifs, and/or third parties to create a profile of visitors to our web sites (“users”). A profile is stored information that Tocara keeps on individual users, including Tocara Consultants and customers, that details their viewing preferences. Profile information is tied to the user’s personally identifiable information to provide offers and improve the content of the site for the user. Tocara does not share profile information with other third parties.
Cookies
A cookie is a piece of data stored on a user’s computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on the web sites. Tocara uses both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.
By setting a cookie on a user’s computer, users do not have to log in a password more than once, thereby saving time while at the web sites. If a user rejects the cookie, the user will still be able to use the site. The only drawback to this is that the user may need to enter his or her password every time he or she accesses the site.
Log Files
Like most standard web site servers Tocara’s web sites use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. IP addresses are tied to personally identifiable information to enable our web-based service. We use a tracking utility that uses log files to analyze user movement.
Clear Gifs (Web Beacons/Web Bugs)
Tocara employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help Tocara to better manage content on the web sites by informing it what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users. The main difference between the two is that clear gifs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear gifs are not tied to users’ personally identifiable information.
In addition, Tocara uses clear gifs in its HTML-based emails to let it know which emails have been opened by the recipients. This allows Tocara to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
COMMUNICATIONS FROM US
Special Offers and Updates
Tocara sends all new Tocara Consultants and Registered Customers a welcoming email to verify password, username, and acceptance of the Tocara Consultant Agreement or Customer Agreement. All Tocara Consultants and Registered Customers will occasionally receive information on products, services, special deals, and a newsletter. Customers who have not registered with Tocara and who grant permission will also receive occasional information on products, services, special deals, and the like.
Service Announcements
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send Tocara Consultants and/or customers an email. Generally, Tocara Consultants may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
Tocara Consultant and Customer Service
Tocara communicates with Tocara Consultants via email, regular mail and telephone on a regular basis to provide requested services and in regards to issues relating to their Tocara business.
SHARING
Legal Disclaimer
Though Tocara makes every effort to preserve user privacy, Tocara may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on Tocara.
Aggregate Information (non-personally identifiable)
Tocara shares aggregated demographic information with our partners and advertisers. This is not linked to any personally identifiable information.
Tocara DOES NOT Share Personally Identifiable Information about users with any Third Parties.
Service Providers
Tocara partners with other third parties to provide specific services. When necessary to provide services or products to Tocara Consultants and customers, we share names and/or other contact information with service providers and vendors. Such third parties are not allowed to use personally identifiable information except for the purpose of providing these services.
Choice
Users are always notified when their information is being collected by any outside parties. We do this so users can make an informed choice as to whether or not they should proceed with services that require an outside party.
Third party links
The Tocara websites may contain links to websites operated by third parties, or may embed services operated by third parties (“Third Party Sites/Services”), and those third parties may have privacy practices that are different from ours. If you provide information through any Third Party Site/Service, such information will be collected by, and may be used and disclosed by such third parties, in accordance with the privacy practices and policies of such third parties. Tocara website users should consult such third parties’ privacy policies when using Third Party Sites/Services, as we have no control over the use or disclosure of information by third parties. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
Security
Tocara takes every precaution to protect all users’ information. When users submit sensitive information via Tocara’s web sites, their information is protected both online and off-line.
When the Tocara Consultant Application, Customer Registration, and/or online order forms ask users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry – SSL. While on a secure page, such as the Tocara Consultant Application and Agreement and online order forms, the lock icon on the bottom of web browsers such as Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just ‘surfing’.
You are ultimately responsible for maintaining the secrecy of your user name, passwords and/or any account information. You are not permitted by Tocara to, and we recommend that you do not, disclose your username and password to any other person. If you have reason to believe that your interaction with a Tocara website is no longer secure (for example, if you feel that the security of your Tocara website username or password has been compromised), you must immediately notify us of the problem by contacting us in accordance with the section entitled “CONTACTING US,” below. (Note that contacting us by physical mail will delay the time it takes for us to respond to your communication.)
While Tocara uses SSL encryption to protect sensitive information online, the Company also does everything in our power to protect user information off-line. All user information, not just the sensitive information mentioned above, is restricted in Tocara’s offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. ALL employees are kept up-to-date on Company security and privacy practices. Finally, the servers that store personally identifiable information are in a secure environment.
MISCELLANEOUS
Your consent
By using our site, you consent to our privacy policy.
Changes to this Privacy Policy
Tocara reserves the right to amend or change this Privacy Policy at any time at its sole discretion. It is your responsibility to periodically access this Privacy Policy by clicking on the Privacy Policy link at our home page. When material changes or amendments are made to the Privacy Policy, we will announce the same at our home page for a period of 30 days following implementation of the amended Privacy Policy.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.
Making Changes to Your Personally Identifiable Information
Tocara Consultants and Registered Customers may update your personal information as necessary by going to their Sales Force Back Office, which allows them to access and edit their registration account information. In addition, you may contact us at [email protected] to update your profile.
Protecting Children
Tocara is committed to the safety of our children. Persons under the age of 18 may not enroll as Tocara Consultants or register as customers. Children under the age of 13 may not purchase products through any of our web sites. We do not knowingly collect any personal information from such children at this site or any of its other sites.
Contact Us
Questions regarding this Privacy Policy should be directed to [email protected], or by mail to:
Canada: Tocara, 3461 Ashby, Ville Saint-Laurent, Quebec H4R 2K3
US: Tocara, PO BOX 6097, Plymouth, MA 02362
Effective Date
The effective date of this Privacy Policy is July 1, 2010.