PRIVACY POLICY

Introduction

This privacy policy (this “Privacy Policy”) describes how Tuten Agency, Inc., a/k/a tutenagency and its affiliates (collectively, “Company,” “we,” “our,” and “us”) collect, secure, use, retain, disclose, and otherwise process your personal information when you access and use our website located at https://210agency.com/ and associated websites, subdomains, mobile versions, and applications and when you otherwise engage with us (for example, by applying for our services or contacting our customer service team) (collectively, our “Services”). 

This Privacy Policy also describes the choices you can make with respect to the personal information we collect and process about you. In this Privacy Policy, we use “customer” and “you” to refer to anyone who accesses and uses our Services.

Company is strongly committed to your right to privacy and to taking steps designed to secure your personal information. The intent of this policy is to fully disclose our privacy practices to you. We will use your information only in accordance with this Privacy Policy.

By using the Services, you are accepting and consenting to the practices described in this Privacy Policy, which may be amended in our sole discretion from time to time.  If you use the Services after we have published such changes, you will be agreeing to be bound by those changes.  If you do not agree to be bound by this Privacy Policy at any time, you should not use the Services.

Minors

Users must be the age of Majority or older (18 in most states of the United States; older in some jurisdictions) to register with us. While individuals under the age of 18 (but not younger than 13) may use the Services, they must do so only with the consent and involvement of a parent or legal guardian, under such person’s account and otherwise subject to our Terms and Conditions. Company does not seek through its Services to gather personal information from or about persons under the age of 13 .  NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.

Table Of Contents

This Privacy Policy covers and explains the following information:

1. What information we collect about you and why;
2. What Personal Information Do We Collect?
3. What Non-Personal Information Do We Collect?
4. Cookies and our analysis tools;
5. Information over the Internet and other websites;
6. Links;
7. How we use information about you;
8. How your information may be shared;
9. How we store and process information about you;
10. How long we will hold Personal Information about you;
11. How you can opt-out from receiving communications from us;
12. SMS Policy;
13. Legal disclaimer; 
14. Your Data Protection and Privacy Rights
    1. California Privacy Rights and Shine the Light law;
    2. Privacy rights under other U.S. state laws (excluding California)
    3. Exercising your rights over your data
15. Changes to this Privacy Policy
16. How to contact us.

1. What information we collect about you and why

We may collect two types of information: information by which you may be personally identified, such as your name, email address, and telephone number (“Personal Information”), and information that is about you but individually does not identify you (“Non-Personal Information”). 

We collect this information directly from you when you provide it to us, or automatically as you navigate through the Services. Please note that we do not sell your Personal Information to anyone.

1. What Personal Information Do We Collect?

Customer Service Inquiries. We may capture Personal Information when you send us questions or comments regarding the Services and other inquiries. Information collected in this manner will only be used to contact you and/or respond to your inquiry/issue. 

Third-Parties. We may also obtain Personal Information about you through third-party sources such as public databases, social media platforms and or affiliates.

When you use Company’s services. We collect Personal Information such as your name, email address, postal code, billing information and other information provided to Company when you create an account with us. We also acquire your Internet Protocol address (“IP address”) and/or mobile device identification, cookies and related tracking technologies, and website usage details, which certain jurisdictions consider to be Personal Information because this information could be used to identify an individual or device if combined with other identifying information.  This information helps us to improve our Services and deliver a better and more personalized service.

Press and Media. We may capture your Personal Information when you contact us about press inquiries or opportunities to collaborate with us.

Careers and Internship Opportunities. When you submit your resume via email, we may keep a record of your contact information and resume. We may use such information to respond to you.

Payment Information. All transactions are facilitated by a third-party payment processor. We do not collect or store financial or billing information and we are not responsible for the collection or storage of such information by third-parties.

Additional Discussion Regarding Collection of Personal Information

We do not request on or through the Services other information that is often considered “highly sensitive,” such as other financial account information (e.g., credit report information, bank account numbers), or government-issued identification (e.g., your social security card, drivers’ license, or passport), although we reserve the right to do so when such information is necessary to verify your billing information.

We take reasonable precautions to protect the confidentiality and security of your Personal Information by using industry-recognized security safeguards such as site monitoring, secured networks and servers, firewalls and/or encryption. Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your Personal Information within industry standards, we cannot guarantee its absolute security.

1. What Non-Personal Information Do We Collect?

Some of the information that we acquire cannot identify, distinguish or trace you or your device, even if combined with other identifying information, and some information that could be considered Personal Information when combined with other identifying information is not used in a way that identifies, distinguishes or traces you or your device, but is instead used in an anonymous way, often aggregated with other anonymous information about other users.

If your Personal Information changes, or if you no longer choose to use the Services, you can contact us via email at support@210agency.com to assist you with changes to your account. To the extent your account closes or becomes inactive, we will continue to protect your information as described in this Privacy Policy.

1. Cookies and our analysis tools

We may use cookies, log files, clear gifs, and/or similar devices to identify you, to keep track of the user’s interactions with the Services, and to and enhance certain activities available via the Services. These devices are small text or other electronic files that are used for user-identification purposes, record-keeping purposes, and to increase the ease of use of the Services. We may use persistent or not-persistent cookies. Users can remove or reject persistent cookies by following the directions provided in their Internet browser’s “help” file. If a user removes a persistent cookie or rejects persistent cookies, the functionality of the Services, or any part thereof, may be impaired or unavailable.

We use one or more third-party analytics services to evaluate your use of the Services, compile reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections you visit, number of links clicked, search terms and other similar usage data), and to analyze performance metrics.

1. Information over the Internet and other websites

The Internet is a global network and, therefore, there are times when information about you travels globally and may not always be completely secure.  If you provide us with information over the Internet, this will be at your own risk.  By using the Services, you agree and authorize us to process information in this way.  However, please be assured that we use commercially reasonable procedures and security features to prevent unauthorized access to information about you.

1. Links 

The Services may contain links to third-party websites or pages, such as Facebook, Google, Pinterest, Twitter/X, TikTok, LinkedIn, Instagram and/or YouTube. Such third-party websites and pages do not operate under this Privacy Policy. We do not exercise control over or take any responsibility for third-party websites and therefore recommend that you examine the privacy policies posted on these other websites and pages to understand their policies and practices relating to the collection, use, and disclosure of Personal Information. 

1. How we use information about you

We may use the Personal Information we collect in the following ways:

• to provide our Services;
• to respond to or satisfy legal requirements, such as a court order, a subpoena or a law enforcement agency’s or other public agency’s request;
• to access third-party services if you connect your account with such third-party services;
• to provide you with updates and relevant information about the Services, offers, promotions, news, events and other relevant information. Such direct marketing shall be sent in response to a request from you to receive marketing emails or similar communications. If you would no longer like to receive promotional emails or other communications from us, please refer to the “How you can opt-out from receiving communications from us” Section below;
• to quickly process your requests for information and to allow us to respond efficiently to user questions;
• to provide information to service providers or such companies who provide support for the operations of the Services and who do not use or disclose the information for any other purpose;
• to allow us to disclose your information to the extent permitted by law.
• to monitor the statistics in connection with the Services; and
• to help prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using the Services, to help protect the security or integrity of the Services, or to enable us to take precautions against liability.

1. How your information may be shared:

Except as set forth below, we do not sell, trade, or otherwise transfer to third parties our users’ Personal Information unless we receive their consent. 

Notwithstanding the foregoing, in the following situations, we may share Personal Information with outside parties:

• Your Express Consent.  With your express consent.
• Reorganization or Sale. In the event that we merge with or become a part of another organization, or in the event that we are sold, we sell all or substantially all of our assets, or we are otherwise reorganized, the information you provide will be one of the transferred assets to the acquiring or reorganized entity;
• To Help Protect Minor Users of the Services. In the event that the safety of our users is threatened, and we are able to do something about that by sharing Personal Information with third parties, we reserve the right to do so. This may be done to prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using the Services, to help protect the security or integrity of the Services, or to enable us to take precautions against liability;
• Partners, Consultants and Service Providers. We may disclose Personal Information to our partners, third-party consultants and service providers to the extent that they require access to our databases, or the information contained in our databases, to service us;
• Aggregated Information. We may aggregate information that you provide with information provided by other individuals in such a manner that the information is not personally identifiable to you, and we may transfer that aggregated information to third parties;
• Third-Party Service Providers. Functionalities (called plugins) of different social networks operated by third-party providers (ie. Facebook, Google, Pinterest, Twitter/X, TikTok, LinkedIn, Instagram and/or YouTube) are integrated with our Services and allow you to connect your accounts with the Services. Should you connect your social network account(s) with the Services, Personal Information may be communicated to the third-party providers. Company has no control over the transmission of Personal Information to the third-party providers and takes no responsibility for any processing of your Personal Information by these third-party providers. Please refer to the privacy policies of these third-party services before connecting your social network accounts with the Services.
• Enforcement of Rights/Security. We reserve the right to release Personal Information (i) when we are under legal compulsion to do so (e.g. we have received a subpoena) or we otherwise believe that the law requires us to do so, (ii) when we believe it is necessary to protect and/or enforce the rights, property interests, or our safety, the safety of our users, or the safety of others, or (iii) as we deem necessary to resolve disputes, troubleshoot problems, prevent fraud and otherwise enforce the Privacy Policy and other user agreements; and
• Other.  For any other purpose disclosed by us when you provide the information;

In the event that we merge with or become a part of another organization, or in the event that we are sold, we sell all or substantially all of our assets, or we are otherwise reorganized, the information you provide will be one of the transferred assets to the acquiring or reorganized entity.

In addition, Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes.

1. How we store and process information about you

The Services are provided in the United States. To communicate with you about offers and opportunities, the information that we collect from you may be transferred to, stored, used and processed by Company in the United States or one of our service providers based in the United States or outside of the United States.  Such entities may be engaged in, among other things: (i) preparing and sending notifications; (ii) the processing of payment details; and (iii) the provision of support services.

If you are visiting from the European Union or other regions with laws governing information collection and use that may differ from United States law, please note that you are transferring your Personal Information to the United States. The laws of some countries may not provide the same levels of protection of Personal Information as your home country, particularly if you are resident in the European Union.  By submitting information, you agree to the collection, transfer, storage, use and processing of information about you for the purposes described in this Privacy Policy.  When you provide Personal Information to us or our service providers or vendors, you consent to the processing of your information in the United States as the Services are offered from the United States.  We will take reasonable steps to ensure that information about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers.

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF OUR SERVICES.

TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISIDICTION OTHER THAN THE UNITED STATES.  HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION.  TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.

1. How long we will hold Personal Information about you

We will hold Personal Information about you on our systems for as long as is necessary for the relevant service, subject to any applicable laws and/or regulations. In the case that you wish to cancel your registration, once an account is deleted, we will not use the Personal Information about you other than for administrative purposes.

1. How you can opt-out from receiving communications from us

If you do not wish to have your information used by Company to promote our products or Services or share other relevant information, you can opt-out by clicking on the “Unsubscribe” link located on the bottom of any Company marketing newsletter and following the instructions found on the page to which the link takes you, or by sending us an email stating your request support@210agency.com. We will endeavor to comply with your request as soon as reasonably practicable. This opt out does not apply to information provided to us as a result of a product purchase.

1. SMS Policy

If you opt-in to receive SMS messaging, please note the following:

• You may cancel the SMS service at any time by texting “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again;
• If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@210agency.com;
• Carriers are not liable for delayed or undelivered messages;
• As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

1. Legal disclaimer

We are not responsible nor will be liable to you in any way for events beyond our direct control with respect to the terms herein. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee, nor do we represent that our Services will be error-free, and to the maximum extent permitted by law we will not be liable for any direct, indirect, incidental, consequential or punitive damages or other loss suffered by you and relating to the use or release of your Personal Information.

1. Your Data Protection and Privacy Rights

1. California privacy rights

If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), then you have certain rights with respect to that information.

In general, the CCPA broadly protects personal information that businesses collect from California consumers. 

Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purpose for which such information is collected or used, whether such information is sold or shared and how long such information is retained.  You can find those details in this Privacy Policy.

Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this Privacy Policy. You may make such a “request to know” by emailing us at support@210agency.com 

Rights to Request Correction or Deletion. You also have rights to request that we correct inaccurate personal information and that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to correct or delete, please email us at support@210agency.com

Right to Opt-Out / “Do Not Sell or Share My Personal Information”. You have a right to opt-out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA.

Note that the CCPA defines “sell,” “share” and “personal information” very broadly, and some of our data sharing described in this Privacy Policy may be considered a “sale” or “sharing” under those definitions.

In the past 12 months, we have “sold” or “shared” the following categories of personal information: Internet or other electronic network activity. This privacy policy details the information about the purposes for which this personal information is used and the categories of recipients with whom this data is shared,.

To opt-out from “sharing” of personal information, please review the options within this Privacy Policy.

Other than the “sale” or “sharing” of personal information described above, we do not “sell” or “share” personal information as defined by the CCPA and have not done so in the past 12 months. Additionally, we do not knowingly sell or share the personal information of minors under 16 years of age.

Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services you request or as otherwise permitted by law.

Note that we do not use or disclose sensitive personal information for any such additional purposes.

Non-discrimination. Finally, you have a right to not be discriminated against for exercising these rights set out in the CCPA.

To exercise your rights, please follow the directions in this privacy policy. California Customers may request further information about our compliance with this law by emailing support@210agency.com. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated email address.

Shine the Light law

A California privacy law that went into effect on January 1, 2005, the “Shine the Light” law, which allows California residents to obtain a list of third parties to whom a business has disclosed Personal Information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and by providing a cost-free means to exercise that right.

As stated earlier in this Privacy Policy, Personal Information submitted at the time of registration or submission will not be shared with third parties. If our policy changes, Personal Information will only be used for marketing and promotional purposes with your permission; and whenever a user agrees to allow us to collect Personal Information, we provide the user with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by sending an email to support@210agency.com. 

Because we include a comprehensive privacy policy and provide you with details on how you may opt-in or opt-out of the use of your Personal Information by third parties for direct marketing purposes, we are not required to provide you with the third-party list.

1. Privacy rights under other U.S. state laws (excluding California)

If you are a U.S. resident, you may have certain rights with respect to your personal information under applicable state privacy laws (e.g. Colorado, Connecticut, Utah (effective December 31, 2023) and Virginia). Such rights may include (in each case subject to applicable law):

• Right to confirm we are processing personal information about you and request access to such personal information
• Right to correct inaccurate information
• Right to delete personal information provided by or obtained about you
• Right to obtain a copy of personal information provided by you in a portable (and to the extent technically feasible) format

• To opt out of the processing of the personal information for purposes of (i) targeted advertising, (ii) the sale of personal information, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer, in each case as further detailed by the underlying U.S. state law
• Right to appeal a decision we make with respect to your privacy rights by submitting your request to support@210agency.com 

To exercise your rights, please follow the directions in this Privacy Policy.

1. Exercising your rights over your data

In order to process your request, we will need to verify or authenticate your identity to the degree of certainty required by law. We will verify your request by asking you to send it from the email address associated with your account or requiring you to provide other information necessary to verify your account.

Except for the automated controls described in this Privacy Policy, if you send us a request to exercise your rights, then to the extent permitted by applicable law, we may charge a fee or decline requests in certain cases.

For example, we may decline requests where granting the request would be prohibited by law, could adversely affect the privacy or other rights of another person, would reveal a trade secret or other confidential information, or would interfere with a legal, regulatory or business obligation that requires retention or use of the data.

We may decline a request where we are unable to authenticate you as the person to whom the data relates, the request is unreasonable or excessive, or where otherwise permitted by applicable law.

Where permitted by applicable law, you may also designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.

Where permitted by applicable law, if you receive a response from us informing you that we have declined your request, in whole or in part, you may appeal that decision by submitting your appeal using the contact method described at the bottom of this Privacy Policy.

1. Changes to this Privacy Policy

This Privacy Policy will be updated from time to time when necessary to reflect changes in our Services, how we collect, use, or otherwise process personal information, or the applicable law. When we publish such changes, we will revise the “Effective Date” above. To stay informed of our privacy practices, we recommend you review this Privacy Policy on a regular basis as you continue to use our Services. If we make material changes to the Privacy Policy, we will provide additional notice and/or obtain consent regarding such changes where required by law.

1. How to contact us

For all general, customer service, legal, or press-related inquiries, or if you have any questions about this Privacy Policy, please contact us at support@210agency.com.