Tone3D Entire Privacy Policy

TONE3D

FULL PRIVACY POLICY

     1. INTRODUCTION

TONE3D as a subsidiary of Aemass, Inc. and including its wholly-owned subsidiaries, collectively herein as “TONE3D” “us,” “we,” or “our”, is a leading provider of patented 3D scanning innovation, products, and technology services. At TONE3D our mission is to connect 3D data with human performance and health. We operate to provide motivational data and landmarks that work to improve and enhance your quality of life, and not invade or interfere with your needs. We take your privacy seriously and want you to understand how we use, collect, and share Personal Data and the efforts that we take to protect your Personal Data. “Personal Data” means any information that identifies you or can be reasonably linked to you, or information which is otherwise considered to be “personal information” or “personal data” under applicable laws.
 

We remain committed to protecting the privacy of your personal information and are providing this Privacy Policy (this “Policy”) to describe how we collect, use, and disclose personal information through our digital services either through our website at www.tone3d.com (our “Public Site”), other sites that refer to this Privacy Policy (collectively, our “Websites”), or through specific TONE3D branded technologies, products and services provided by TONE3D to its customers. This includes TONE3D specific 3D scanner applications, hosted web products, digital mobile products, server data products and general services (collectively, the “Services”). This Policy does not apply to all Aemass, Inc. products and only the TONE3D suite of application services.

     2. ROLES OF PROCESSOR VS. CONTROLLER

This Privacy Policy does not cover the practices of companies or people that we do not own, control or manage. We are not responsible for the policies and practices of any third parties, and we do not control, operate, or endorse any information, products, or services that may be offered by third parties or accessible on or through the Services. For clarity, we are responsible for the data protection practices of our data processors (i.e., those processing Personal Data of which we are the controllers in relation to the Services) in accordance with the data protection laws applicable to the jurisdiction in which you reside.

We have relationships with various independent consumers, businesses, researchers, and other entities ( “Customers”) which may require us to collect and process personal information on their behalf. This may happen, for example, if a Customer licenses our technology or uses our scanners in its business, or integrates our technology into its own website or mobile app. In these cases, we will comply with the privacy-related instructions given to us by the Customer and you should review that Customer’s privacy policy to determine how it uses your information. In these situations, we consider the third-party Customer to be the “controller” of the personal information, and us to be the “processor” unless we and the Customer otherwise agree.

If you ask us to provide Personal Information to a Customer, then that Customer’s use of personal information will be governed by that Customer’s privacy policy and our use will be governed by this Policy. When this happens, then both TONE3D and the Customer will be considered to be “controllers” of the personal information.

In all other cases, such as in the direct relationship between you and the TONE3D mobile or web service applications, we are acting as the “controller” of personal information (such as when an individual sings up or in to the TONE3D mobile application).
 

We have provided supplemental notices below for residents of certain U.S. states and individuals located in Taiwan.

     3. HOW WE COLLECT PERSONAL DATA

We collect Personal Data about you from the following sources:

• Yourself, when you provide such information directly to us, such as when completing your profile or responding to a questionnaire (From Data);
• TONE3D 3D Scans and 3D Scan Reconstruction Models, built from provided Scan Input Data (images, video and depth data) and including but not limited to 3D models, digital avatars, motion analysis, measurements, algorithmic relationships, point clouds, related values, etc.;
• TONE3D Assist training when you interact with and receive responses from the TONE3D Assist Technician as described in Section 8 below;
• Automatic data collection, such as Cookies, local storage objects, web beacons, and other similar technologies in connection with your use of the Services;
• Customers and partners, such as employers, insurance companies, coaches, teams, or other organizations that engage with our Services;
• Marketing and advertising partners, such as companies that have entered in joint marketing relationships with us or assist us with marketing or promotional services, which may provide us with data related to how you interact with our Services, advertisements, or communications;
• Social media, other third-party platforms, and linked accounts, devices, or features, if you interact with our pages on social media sites, post content to their sites using the Services, sign into the Services through a third-party site or service, or otherwise link accounts, devices, or features to your TONE3D account; and
• Data providers, such as information services and data licensors, when we supplement your data.

     4. PERSONAL DATA WE COLLECT

We collect personal information when you register for or use our Services, or when you fill out our contact form on our web or application endpoints requesting additional information about our Services. This personal information may include (as further described below) among other things, your name, contact information, body measurements, age, etc. If you contact our technical support team for questions about our Services, TONE3D will obtain information about you in order to confirm that you are a lawful user of our Services with a right to receive support, and in order to provide the requested support.

For certain Services, you may undergo a body scanning process which uses imaging cameras and infrared sensors, and/or other technologies to map out the shape and contours of your body and body data may be both gathered and created through the form of photographs which are processed to create body data, enhanced imagery, and hybrid digitally enhanced and observed body data. The body data and other data relating to you may be processed for the purpose of supplying goods or services to you, keeping proper records of those transactions, improving training model accuracy and assisting us in the development, debugging and testing of our mobile app and our Services. Body data and Scan Data Input may be viewed or handled by our designated access technicians to provide support. The legal basis for this processing is the performance of a user contract between you and us (or between you and one of our Customers), taking steps (at your request) to enter into such a contract, and/or your specific consent to use such information for these purposes.

If you supply any other person's personal data to us, you must do so only if that person has authorized you to do so. Note that providing body data or imagery of any other person’s personal data, willingly or accidentally, may void the Terms of Service and inhibit or corrupt your own data information.
 

Specifically, to perform such Services, we may collect the following types of Personal Data as follows:
 

• Contact details, such as your first and last name, email and mailing address, phone number, gender, height, weight, measurements, age and birthday;
• Profile data, such as username and password that you may establish to create a TONE3D account, as well as any photographs or information you choose to include in your TONE3D profile;
• Communications that we exchange with you, including when you contact us via email, web app, or mobile app with questions, support needs, feedback, or reviews;
• Scan Input Data, when you provide imagery to us, such as photos, video or depth imagery;
• Wellness Data, including but not limited to metrics such as resting heart rate, heart rate variability, respiratory rate; acceleration; metadata on workouts and sleep; the type of physical activity you engage in and the duration of your activity; data reflecting strain and recovery; your physiological profile, including birthday, gender identity, weight, height, fitness/athlete level (e.g., professional or recreational); and details you choose to submit about your habits, diet, medications, and other health metrics tracking. We may use certain of this information to customize your experience with us as part of our Services;
• Conversations that you participate in with the TONE3D Assist or Support team, as described in Section 8 below;
• Payment and transactional data needed to complete your orders on the website or through the Services (including name, email address, payment card information, bank account number, billing information) and your transaction history, although TONE3D does not have access to payment card numbers. TONE3D uses third-party processing. Our payment processors will collect the financial information necessary to process your payments in accordance with the payment processor’s respective services agreement and privacy policy;
• Marketing data, such as your preferences for receiving our marketing communications, and details about your engagement with them (e.g., the marketing emails that you open and the links within them that you click);
• Device data, such as your computer or mobile device operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP Address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state, or geographic area;
• Geolocation data, such as GPS (precise geolocation), IP Address, and movement on certain exercise types if and only if you give permission for TONE3D to do so; and
• Online activity data, TONE3D may collect at occasion such information as pages or screens you view, how long you spent on a page or screen, the website you visited before visiting our website, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.
  

     5. COOKIES AND SIMILAR TECHNOLOGIES

TONE3D may use cookies and similar technologies such as pixel tags, beacons, GIFs and JavaScript (collectively “Cookies”) to inform us how and when on our Websites and Services and for user session management in order to operate, improve our Services and provide improved costumer user experiences. Cookies are small pieces of data included on or within the Services (such as on a website or in an email) or placed on your computer, tablet, phone, or similar device when you use that device to visit our Services. A cookie can be text data that a website transfers to the individual's browser from a web server that is stored on the individual's computer hard drive. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). If you live in Europe, we will obtain your (opt-in) consent prior to deploying any cookies other than cookies which are regarded under European laws as being “strictly necessary” (i.e., Essential Cookies, as described below). We may use such data to create reports about the use of our Websites. For example Google, Inc. (“Google”) or Google Ads may also store this data. For more information about how Google stores and use your personal information, please see Google’s Privacy Policy. We may also use pixel tags, web beacons, and other similar technologies to record information about how individuals access our Services. This information is typically not personally identifiable and may include internet protocol (IP) addresses (or the DNS name associated with it) of the individual's computer, the website from which the individual linked to our Services, and the browser software the individual is using to access our Services.
 

Cookie Usage and Type. TONE3D may uses the following Cookies:

• Essential Cookies: Essential Cookies are required for providing you with features or Services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies would make certain primary account privacy non-operational or may render other features and Services unavailable.
• Functionality Cookies: Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time, and recognize you when you return to our Services. These Cookies help us to personalize our content for you, create app greetings, and remember or store your preferences (e.g., your region).
• Performance/Analytical Cookies: Performance/Analytical Cookies allow us to understand how users use our Services by collecting information on how often a user engages with a particular feature of the Services. We use these aggregated statistics internally to improve the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. Google may use Cookies in connection with its Google Analytics services.
• Marketing Cookies: Marketing Cookies collect data about your online activity and identify your interests so that we and our advertising partners can provide marketing that we believe is relevant to you. For more information, please see the section below titled “Interest-based advertisements.”

General online tracking opt-outs. There are a number of ways you can opt out of certain interest-based advertising and other online tracking activities, which we have summarized below.

• Blocking Cookies in your browser. Most browsers let you remove or reject Cookies, including Cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept Cookies by default until you change your settings. For more information about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
• Blocking advertising ID use in your mobile device settings. Your mobile devices may offer settings that enable you to make choices about the collection, use, or transfer of your advertising ID associated with your mobile device for interest-based advertising purposes.
• Using privacy plug-ins or browsers. You can block our websites from setting Cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third party Cookies/trackers. You can also opt out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.
• Visiting our OneTrust Privacy Preference Center. You can click here to customize your Cookie consent preferences.
• Platform opt-out.
  • Google (AdWords): adsettings.google.com;
  • Microsoft (Bing): about.ads.microsoft.com/en-us/resources/policies/personalized-ads; and
  • Facebook: www.facebook.com/about/ads.
• Some third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors, and research firms, allow you to opt-out directly by using their opt-out tools. 

Advertising industry opt-out tools.

• Digital Advertising Alliance for Websites: https://optout.aboutads.info;
• Digital Advertising Alliance for Mobile Apps: https://youradchoices.com/appchoices; and
• Network Advertising Initiative: https://optout.networkadvertising.org/.
   

Note that some opt-out features are Cookie-based, meaning that when you use these opt-out features, an “opt-out” Cookie will be placed on your computer or other device indicating that you do not want to receive interest-based advertising from certain companies. If you delete your Cookies, use a different browser, or use a different device, you will need to renew your opt-out choice.
 

Opting out of interest-based advertising does not mean that you will no longer receive online ads. It only means that such ads will no longer be tailored to your specific viewing habits or interests. You may continue to see ads on and about the Services.
 

     6. HOW WE USE PERSONAL DATA

We may process and use Personal Data for the following purposes:

Service delivery, including to:

• Provide, operate, improve, develop, understand, and personalize the Services and our business, including testing, research, analysis, and product development;
• Satisfy the reason you provided the information to us, including for delivery of the Services and responding to and fulfilling requests;
• Communicate with you about the Services, including Service announcements, updates, or offers;
• Provide support and assistance for the Services;
• Create and manage your account or other user profiles;
• Customize website content and communications based on your preferences; and
• Process orders, memberships, or other transactions.
   

Research and development. We may create and use Aggregated Data, De-Identified Data, or other anonymous data from Personal Data we collect, including health and body data, for our business purposes, including to analyze the effectiveness of the Services, to improve and add features to the Services, and to analyze the general behavior and characteristics of users of the Services. We also use anonymous data for research purposes to help us answer important questions about human body health and create improved upon experiences for our members by identifying newly developed insights, providing new content, improving accuracy of outputs, processing, innovations and product features.
 

Direct marketing and advertising. We may use data from the Personal Data we collect, including health, fitness, diet and body data and other certain data collected when you browse our website, to send you direct offers or other TONE3D specific marketing messages or to advertise the Services or other TONE3D product offerings.

Interest-based advertising. We engage our advertising partners, including third party advertising companies and social media companies, to advertise our Services. We and our advertising partners may use Cookies and similar technologies to collect information about your interaction over time across the web, our communications, and other online services, and may use that information to serve online ads. We comply with the Digital Advertising Alliance Self-Regulatory Principles for Online Behavioral Advertising. To learn more about the industry self-regulatory programs and other information and choices about interest-based ads, please see the section above entitled “Online tracking opt-outs.”

Compliance and protection. Including to:

• Protect against or deter fraudulent, illegal, or harmful actions and maintain the safety, security, and integrity of our Services;
• Comply with or enforce our legal or contractual obligations, resolve disputes, and enforce our Terms of Use and our Terms of Sale.
• Audit our internal processes for compliance with legal and contractual requirements and internal policies;
• Protect our, your, or others’ rights, privacy, safety, or property (including by making and defending legal claims); and
• Respond to law enforcement requests and as required or permitted by applicable law, court order, or governmental regulations.
   

     7. HOW WE SHARE PERSONAL DATA

We may share a portion or all, as may be required, of your Personal Data with:

• Service providers, such as payment processors, vendors who advertise our Services or other TONE3D products, security and fraud prevention consultants, hosting and other technology and communications providers, our third-party Large Language Model (“LLM”) partner that powers TONE3D Assist (as described in Section 8 below), analytics providers, and staff augmentation and contract personnel, that provide services to us or on our behalf;
• Advertising partners that may collect information on our website through Cookies and other automated technologies, including for the interest-based advertising purposes described above. We do not share your Wellness Data with advertising partners;
• Professional services, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services they render to us;
• Authorities and others, including law enforcement, government authorities, and private parties we believe in good faith to be necessary or appropriate to comply with the law or legal process;
• Business transferees, such as acquirers and other relevant participants in business transactions (or diligence or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale, or other disposition of all or any portion of the business or assets of, or equity interests in, TONE3D or our affiliates (including, in connection with a bankruptcy or similar proceedings);
• Distributors and retailers of our Services or other TONE3D products; and
• Direct Affiliates of TONE3D.
   

     8. HOW YOU MAY SHARE PERSONAL DATA THROUGH THE SERVICES

Depending on how you use the Services, you may share Personal Data with:

• Other users of the Services or the general public, such as through our TONE3D social features, which allow you to choose to share information and content with other users of the Services, and users are by default searchable by other users. When you make Personal Data visible to other users of the Services, including through the TONE3D social features it may become publicly available and can be collected, viewed, and used by anyone;
• Third-party social media platforms, or linked accounts, devices, or features, when you choose to connect your account on those services with your TONE3D account or post content to social media;
• Managing entities. If your use of the Services is on behalf of or managed by a managing entity, such as a coach, team, organizing body, gym, or other entity with which you are affiliated, your account information and Personal Data may be shared with the managing entity subject to your consent, and you hereby consent to that managing entity allowing that information to be publicly shared, subject to any features of the Services that expressly override that control. The managing entity will determine how the relevant information and content is shared; and
• Corporate wellness programs. If you use the Services in connection with an employer or organizational corporate wellness program, we may share your information with that organization subject to your consent. Typically, we share only aggregated data with these organizations.
   

     9. TONE3D SUBSCRIPTION SERVICES AI & THIRD-PARTY AI TECHNOLOGY

TONE3D utilizes generative Artificial Intelligence ("AI") features, such as TONE3D Assist, that are intended to help you understand and make progress to your goals, decipher TONE3D data and concepts, provide educational and motivational guidance, and integrate with the rest of your TONE3D experience. TONE3D Assist creates a narrative or chat experience by combining your unique anonymized TONE3D metrics with the science of TONE3D data to help you optimize your health, fitness, and performance.

If you decide to use TONE3D Assist note that TONE3D may leverage third-party AI technology provided by our LLM partner, by our own LLM development, or by a combination of third party and self hosted LLM technology. This technology is trained on real-world data to generate intelligent and personalized responses in conversations with users. Responses from TONE3D Assist are based on your inputs, your requests and relevant information collected through your TONE3D metrics.

We require any LLM partner to use your anonymized TONE3D metrics only for the purpose of allowing TONE3D to generate content for you. We have ensured that our LLM partner has a “Zero-Retention/Zero Training Policy” with respect to your TONE3D metrics, meaning that our LLM partner will not store or retain any of the anonymized TONE3D metrics they receive through your use of TONE3D, and our LLM partner will not use any of the anonymized TONE3D metrics they receive for training any algorithms or LLM technology.
 

We will only share anonymized TONE3D metrics with our direct LLM partner. We ask that you refrain from providing any identifying information, such as your full name, in conversations with TONE3D Assist. TONE3D may retain the history of your conversations with TONE3D Assist to ensure you continue to have access to previous conversations while using the feature. When you revisit any topics from previous interactions, TONE3D may share the context of your previous inputs with new TONE3D Assist sessions to create a tailored experience for you. You may delete your TONE3D chat data at any time by either accessing the chat icon in TONE3D Assist or TONE3D Settings to view your conversation history.
 

If you choose to use TONE3D Assist please note that, consistent with our privacy principles, TONE3D employees will only ever access member Personal Data when required to provide services and support, which may include collected information about your experience with TONE3D to assess the performance of and improve TONE3D Assist and other product offerings. In the case that TONE3D Assist suggests connecting to Membership Services, you can opt in and have your support request automatically filed with our team. In this case, they will only have access to that specific conversation to provide you with the best support.
 

Membership Services Intelligence. TONE3D Membership Service also may utilize generative AI features that are intended to assist you in receiving member support. Membership Services thus may use third-party AI technology provided by our LLM partner. This technology is trained on real-world data to generate intelligent and personalized responses in conversations with users. Responses from Membership Services are based on your requests and relevant information collected through your TONE3D membership. For example, if you ask Membership Services a question regarding your order, Membership Services will draw on your purchase records. We require our LLM partner to use your anonymized TONE3D metrics only for the purpose of allowing Membership Services and AI to generate content for you. We have ensured that our LLM partner has a “Zero-Retention/Zero Training Policy” with respect to your TONE3D metrics, meaning that our LLM partner will not store or retain any of the anonymized TONE3D metrics they receive through your use of Membership Services, and our LLM partner will not use any of the anonymized TONE3D metrics they receive for training any algorithms or LLM technology. We will only share anonymized TONE3D metrics with our direct LLM partner(s). 

TONE3D may retain the history of your conversations with Membership Services to ensure you continue to have access to previous conversations while using the feature. When you revisit any topics from previous chats, TONE3D may share the context of your previous conversations with Membership Services to create a better experience for you. Consistent with our privacy principles, TONE3D employees will only access member Personal Data when required to provide services and support, which may include collecting information about your experience with Membership Services to assess the performance of and improve Membership Services AI and other product offerings.
 

     10. YOUR CHOICES

Access, update, or delete. When you log in to your account, you may access, and, in some cases, edit or delete certain information you’ve provided to us, such as first and last name, username and password, email and mailing address, and other information in your profile. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request access to or a full deletion of your account and corresponding data by contacting privacy@tone3d.com or via Data Management features available in the TONE3D Services. You may be asked to complete a verification form in connection with such access or deletion request in order to ensure that you have the authority to access or delete your account. We may need to retain certain Personal Data in our records, as well as aggregated data or de-identified data derived from or incorporating your Personal Data that does not identify you after you update or delete it.
 

Privacy settings. You can review and in some cases may be able to change certain privacy settings or opt-out requests via Settings, located on the Main Menu page of the TONE3D mobile application.
 

Push notifications and device permissions. You can change your settings related to push notifications and device permissions through the settings on your mobile device.
 

Geolocation data. You may allow or disallow TONE3D to collect geolocation data by enabling or disabling location services on your mobile device. If you decline to grant TONE3D access to this data, we may not be able to provide certain Services, capabilities, or features to you.
 

TONE3D Assist and general support. You can choose whether or not to enable and interact with TONE3D Assist. We will only share your anonymized TONE3D metrics with our LLM partner that powers TONE3D Assist if you enable and engage with the feature. If you wish to update your data preferences, you can visit the “Assisting Mode” section of your TONE3D Assist settings. If you no longer wish to use TONE3D Assist, you can simply not interact with the feature, or you can disable the feature entirely from your TONE3D mobile application settings at any time.

Marketing communications. You can opt-out of marketing-related emails and other communications by contacting privacy@tone3d.com or by following the opt-out or unsubscribe instructions contained in the marketing-related message. You cannot opt-out of receiving certain non-marketing emails regarding the Services or access to your account.
 

Online tracking opt-outs. There are a number of ways you can opt-out of certain interest-based advertising and other online tracking activities, which we summarize in the “Online tracking opt-outs” section above.
 

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to online services. The Services may not currently support all “Do Not Track” requests or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

    11. OTHER SITES AND SERVICES

The Services may contain links to websites and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control mobile applications, websites, or online services offered or operated by third parties, and we are not responsible for their actions. You can learn about and control how these third parties use and share Personal Data, including with TONE3D, by reviewing their privacy notices and exercising the privacy choices the third party may offer.       

     12. DATA SECURITY AND RETENTION OF PERSONAL DATA

We employ a number of physical, technical, organizational, and administrative security measures designed to protect the Personal Data we collect. While we endeavor to protect the privacy of your account and other Personal Data we hold in our records, no security measures are failsafe, and we cannot guarantee the security of your Personal Data.We retain Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a business need to do so, or as required by law (e.g., for tax, legal, accounting, or other purposes), whichever is longer.       

     13. PERSONAL DATA OF CHILDREN

TONE3D Services are intended only for users 15 years of age and over. Furthermore, if you are under the age to consent to data sharing, as applicable based on your jurisdiction, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that our services have collected Personal Data from a child under the age to consent in data sharing, as applicable to a given jurisdiction, we will delete that information as quickly as possible. If you believe that a child under the age to consent in data sharing may have provided Personal Data, please contact us at privacy@tone3d.com.   

     14. U.S. STATE-SPECIFIC PRIVACY NOTICE

If you are a resident of California, Colorado, Connecticut, Delaware (as of January 1, 2025), Iowa (as of January 1, 2025), Maryland (as of October 1, 2025), Minnesota (as of July 31, 2025), Montana, Nebraska (as of January 1, 2025), New Hampshire (as of January 1, 2025), New Jersey (as of January 15, 2025), Oregon, Tennessee (as of July 1, 2025), Texas, Utah, and Virginia, the law in your state may provide you with the following rights:

• Information. The Privacy Policy describes the types of Personal Data (including “Personal Information” as defined in applicable laws) we collect in the “Personal Data We Collect ” section above and the sources through which we collect Personal Data in the “How We Collect Personal Data” section above. We describe the purposes for which we use and share this data in the “How We Use Personal Data” section above and the “How We Share Personal Data” section above.
• Access. You can request a copy of log of the Personal Data and the Personal Data that we maintain about you.
• Deletion. You can ask to delete the Personal Data that we have collected from you.
• Correction. You can ask to correct inaccuracies in your Personal Data.
• Opt-out of sale and sharing of your Personal Data. You can ask to opt out of the selling or sharing of your Personal Data, the processing of your Personal Data for purposes of targeted advertising, and/or profiling in furtherance of decisions that produce legal or similarly significant effects, which you can exercise according to the instructions in the “Online tracking opt-outs” section of the Privacy Policy.
• Appeal. You may be permitted to appeal our decision, if for any reason we deny your request.  

In addition, and as set forth below, California law requires us to identify, for the 12-month period prior to the date of this Privacy Policy, what information we may have “sold” or “shared” about you. For the 12-month period prior to the date of this Privacy Policy, TONE3D has not sold ANY Personal Data. TONE3D does not sell Personal Data. For the 12-month period prior to the date of this Privacy Policy, TONE3D has only shared Personal Data as described above. As we explain in this Privacy Policy, we use Cookies and other tracking technologies to analyze website and application traffic and use, and to facilitate advertising. To limit use of Cookies and other tracking technologies, please review the instructions provided in the “Online tracking opt-outs” section. You may also direct us to share your data, as described in the “How You Share Personal Data Through the Services” section of the Privacy Policy.You are entitled to exercise the rights described above free from discrimination.

Exercising Your Rights. To exercise these rights, you can submit requests as follows:

• To request access to, correction of, or deletion of Personal Data collected via your use of the Services, please either (i) use the “Settings” or “Contact Us” feature available on the TONE3D Services or as described at www.tone3d.com/privacy; or (ii) email us at privacy@tone3d.com.
• To learn how to opt-out of interest-based ads and other online tracking, see the “Online tracking opt-outs” section of the Privacy Policy.
• To properly and securely verify your identity prior to responding to your requests, we may ask you to confirm information that we have on file about you or your interactions with us. Where we ask for additional Personal Data to verify your identity, we will only use it to verify your identity or your authority to make the request on behalf of another consumer.
• You can empower an “Authorized Agent” to submit requests on your behalf. Your authorized agent may submit requests in the same manner, although we may require the agent to present signed written permission to act on your behalf, and you may also be required to independently verify your identity with us and confirm that you have provided the agent permission to submit the request.

Please note that we are only required to honor ‘requests to know’ twice in a 12-month period.

California Shine the Light. This Privacy Policy describes how TONE3D may share your Personal Data for marketing purposes. If you are a California resident, the Shine the Light law permits you to request and obtain from us once per calendar year information about any of your Personal Information as shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. To request this information and for any other questions about our privacy practices and compliance with California law, please contact us through the contact form on our website.      

     15. NEW TRANS-ATLANTIC DATA PRIVACY FRAMEWORK

The judgment in the Schrems II case issued by the European Court of Justice in 2020 found that Privacy Shield framework no longer provides adequate safeguards for the transfer of personal data to the United States from the EEA.The US and the European Commission announced in 2022 an “agreement in principle” to develop a new Trans-Atlantic Data Privacy Framework (“ TADP Framework”). The TADP Framework is intended to re-establish a legal mechanism for transfers of EU personal data to the U.S. after the Court of Justice of the European Union invalidated the EU-US Privacy Shield. In the interim, to ensure that transfers of personal data from the EU to the US can occur in line with European data protection laws, TONE3D will enter into the Standard Contractual Clauses with our vendors who process personal data, and with our customers upon request. These Standard Contractual Clauses legitimize the transfer of personal data from the EU to the US.

     16. PRIVACY NOTICE FOR EUROPEAN RESIDENTS 

If you are a resident of Europe, you may have additional rights under the General Data Protection Regulation (the “GDPR”) and other European data protection and e-privacy laws. To the extent of any conflict between the provisions set out in this Section 16 and Section 17 and any other provision in this Privacy Policy, the former shall control to the extent of such conflict.Controller and European Representatives. TONE3D will be the controller of your Personal Data processed in connection with the Services. TONE3D may utilize professional representatives for Data Protection Services within Europe.You may contact us to receive information on any one of our EU representatives at: privacy@tone3d.com.The “How We Use Personal Data” section above explains how we use your Personal Data. We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others but will depend on the type of Personal Data and the specific context in which we process it. However, the legal bases we typically rely on for each category of processing activity are set out below.

Service delivery. Processing is necessary to perform our contract, or to take steps that you request in engaging our Services. Where we cannot process your Personal Data as required to operate the Services on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the products or Services you access and request.  

Research and development. These activities constitute our legitimate interests.Marketing and advertising: Processing is based on your consent where that consent is required by applicable law. Where such consent is not required by applicable law, we process your personal information for these purposes based on our legitimate interests in promoting our business.  

Compliance and protection. From time to time, we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.  

Consent. To the extent that wellness data that we collect is considered consumer health data or another special category of Personal Data subject to the GDPR, we will ask for your explicit consent to process this data. You can use your account settings and tools to withdraw your consent at any time, including by installing the TONE3D mobile application, stopping use of a feature or subscription tier, removing our access to a Third-Party service, or deleting your data or your account. In addition, in some cases, such as when you direct us to share it, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, you have the right to withdraw it any time in the manner indicated at the time you give consent or in as listed in our Services.We may use your Personal Data for reasons not described in this Privacy Policy where permitted by law and where the reason is compatible with the purpose for which we collected it. If we need to use your Personal Data for an unrelated purpose, we will notify you and explain the applicable legal basis.

Retention. To determine the appropriate retention period for your Personal Data, we consider the amount, nature, and sensitivity of the information, the value and request of a user to retain such information regarding the Services to be performed, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Solely automated decision-making. We do make decisions based on automated processing that may invole personal data, including profiling, which produce legal effects or similarly significantly affects you, including in connection with the personal data processing activities described under this Privacy Policy and Section 8 and Section 9 above.

Data Subject Rights. You have certain rights with respect to your Personal Data, including:

• Access. You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by logging into your account or via the “Settings” or “My Data” feature available in the TONE3D application.
• Rectification. If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging into your account.
• Erasure. You can request that we erase your Personal Data from our systems.
• Withdrawal of consent. If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
• Portability. You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible and with sufficient verification of your such consent to do so.
• Objection. You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
• Restriction of processing. You can ask us to restrict further processing of your Personal Data.
• Right to file a complaint. You have the right to lodge a complaint about our practices with respect to your Personal Data with the supervisory authority in the relevant European Economic Area member state, UK or Switzerland, as applicable, where you reside.

     17. PRIVACY NOTICE FOR TAIWAN RESIDENTS

How We Share Personal Data. Personal Data that we collect may be stored, processed in, or transferred between parties located outside your jurisdiction, including the United States, Germany, Japan, United Kingdom, France, Canada, and India. We take reasonable steps to ensure that the parties responsible for the storage of Personal Data on overseas servers adhere to this Privacy Policy.

The duration for which the Personal Data is to be used, stored, processed, transferred, and engaged in any other acts as set forth in this Privacy Policy is the entire duration required by applicable laws, or necessary for the purposes provided herein, including but not limited to Section 5 or Section 6, or pursuant to your authorization and purposes as listed in Section 8 and Section 10.

The methods of which the Personal Data is to be used, stored, processed, transferred, and engaged in any other acts as set forth in this Privacy Policy include but not limited in writing, through electronic document, telephone, facsimile, or other automated or non-automated means.
 

Your Choices to access, update, or delete. In addition to the right to request access to or a full deletion of your account and corresponding data, you may request a copy of Personal Data and that TONE3D ceases processing or use of Personal Data by contacting privacy@tone3d.com or via the “Settings” feature available in the TONE3D application.

In addition to your choices as set forth in Section 10 above and relevant rights to opt-out in accordance with Section 5 above you are entitled to exercise the following rights under Personal Data Protection Act of Taiwan, unless otherwise provided by the laws or if it is necessary for TONE3D and the categories of entities as described in Section 5 or Section 6 to provide services:

• the right to make an inquiry of and to review your Personal Data
• the right to request a copy of your Personal Data
• the right to supplement or correct your Personal Data
• the right to demand the cessation of the collection, processing or use of your Personal Data
• the right to have your Personal Data deleted

You are entitled to exercise any of the aforementioned rights from time to time at your discretion, however, please be advised that the provision of relevant services would therefore be precluded in circumstances where the necessary and accurate Personal Data is not available for TONE3D and the entities as listed herein.

By using the TONE3D Services you fully understand that this Policy is consistent with the requirements of Personal Data Protection Act and other relevant legislation in Taiwan, and that your acts in using any of TONE3D’s services, registering for or participating in any of TONE3D’s activities, whether online or offline, via TONE3D’s applications, software, website, platform, center, or other access means, or providing Personal Data for any other transactions between TONE3D and you, constitutes your consent for TONE3D to collect, process, use, transfer, and otherwise engage your Personal Data as set forth in this Policy.

     18. SELECT DEFINITIONS

We use some specifically defined terms in our Privacy Policy and when we communicate about our Privacy Policy. We want to be clear on how the terms we use are defined to help you better understand our policies.
 

Aggregated Data: Aggregated Data is data that has undergone a process whereby raw data is gathered and expressed in a summary form for statistical analysis. Raw data can be aggregated over a given time period, across individuals, or both, to provide statistics such as average, minimum, maximum, sum, and count. After the data is aggregated analysis can be performed to gain insights about particular data sets or across sub-sets of particular data. When data is aggregated across a number of individuals, the resulting aggregation is considered anonymized such that it is no longer Personal Data.
 

Cookies: Cookies are small files which are stored on a user’s computer. They are designed to hold a modest amount of data specific to a particular user and website and can be accessed either by the web server or the user computer. This allows the server to deliver a page tailored to a particular user, or the page itself can contain some script which is aware of the data in the cookie and is therefore able to carry information from one visit to the website (or related site) to the next.
 

De-Identified Data: De-Identified Data is data where all the personally identifiable information has been removed, rendering the data anonymous by stripping out information that would allow an individual’s identity to be determined from the remaining data. Data is “de-identified” to protect the privacy and identity of individuals associated with the data. De-identified Data is no longer Personal Data.
 

     19. CHANGES TO THIS PRIVACY POLICY

We strive to constantly and consistently improve our Services and may need to change this Privacy Policy from time to time. Changes will be posted on the TONE3D website and available on other TONE3D Services. We will alert you to material changes by placing update notices on the TONE3D website, by sending you an email, and/or by some other means. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

     20. CONTACTING TONE3D

If you have any questions or concerns regarding our privacy policy or policies or wish to exercise your rights please send us a detailed message at the mailing address or email contact below.
 

TONE3D c/o Aemass, Inc. Attn: Privacy and Legal Department
711 Calle Artis
San Jose, California, USA 95131
 

privacy@tone3d.com
support@tone3d.com
www.tone3d.com

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