MEMBERSHIP TERMS

These Membership Terms, together with our Terms of Use, Privacy Policy, Cookie Policy and Acceptable Use Policy, set out the entire agreement between you and us relating to the provision by us to you of the Services made available through the Site.

If you wish to receive the full range of Services provided by us, you must be a Member.

The Services provided by us include the provision of a membership account to you and enabling you to access a range of paid member-only content hosted on the Members area of the Site. This allows you: (i) to communicate with other Members either via the Site or via email; (ii)   access to and use a variety of resources, including download areas communication forums; and (iii) access to other products and services, including information on upcoming events. Please note that attendance at such events will be subject to separate terms and conditions. More details on the Services can be found in the emails or links you receive relating to the events.

APPLICATION FOR MEMBERSHIP

To apply to become a Member of Tomouh, you must be referred by an existing member, including those from the TCL board, membership committee, or other affiliated bodies. Please submit your biography ("Application") by filling out the membership application form (or by any other agreed method). Following our receipt of your Application, we will review your Application. If we, in our absolute discretion, decide that the information you have provided in your Application satisfies our membership criteria, we will consider approving your Application for membership, but we do not guarantee you membership.

We reserve the right to approve or refuse any Application for membership for any reason (provided the reason is permitted by law). By submitting an Application, you agree to us verifying any information that you provide in that Application with relevant third parties or by any other means to help us decide whether to approve your Application. Such processing of your personal data is necessary for the performance of the services you wish to subscribe to (or steps taken on your request prior to entering into an agreement for the performance of services).

If we approve your Application, we will send you a welcome email. The welcome email will request that you (i) complete the registration form sent in the welcome email; and (ii) pay the membership fee, either through our Paypal or Stripe account, by clicking on the links provided in the welcome email and following the instructions provided or by bank transfer to our nominated bank account (see welcome email for details of the nominated bank account).

Please note that you must complete the registration form and pay the membership within 60 (sixty) days from the date that we send you the welcome email, failing which we will deem your Application for membership as abandoned. Please do not make any payment after this period of time. We will not be responsible for any loss suffered by you as a result of making payment after this 60 (sixty) day period. In these circumstances, if you still wish to be a Member, you will need to submit your Application again in accordance with the application procedure set out above in this section. You acknowledge that we do not guarantee that we will approve your re-submitted Application.

We will use reasonable endeavours to activate your membership account within the five-day period immediately following, the later of, (i) completion of your online registration; or (ii) receipt (in cleared funds) of your membership fee in our nominated account. We will notify you that your membership account has been activated by sending you an email, at which point a contract for the provision of our Services will come into existence between you and us ("Contract"), and you will be bound by these Membership Terms (as well as our Terms of Use, Privacy Policy, Cookie Policy and Acceptable Use Policy).

You will be entitled to access our Services, using the login details you have filled in the application form, meaning your membership with us will commence on the day that we send you an email notifying you that your membership account has been activated (the " Effective Date ").

Please note we reserve the right to change or adjust our membership criteria at any time.

PROVISIONAL MEMBERSHIP

Provisional Memberships may be granted to applicants based on the following criteria:

1. Applicants who meet the eligibility requirements but do not fulfil all criteria for Full Membership may be granted Provisional Memberships.

2. Provisional Memberships are subject to an annual review.

3. The renewal of Provisional Memberships is reliant on the assessment conducted by the committee.

Please note that the acceptance of membership applications and the granting of Provisional Memberships are at the discretion of the committee and are subject to change without prior notice.

Applicants acknowledge and agree to adhere to the terms and conditions outlined herein when applying for membership.

Tomouh reserves the right to modify, update, or terminate Provisional Membership terms at any time.

PRICE AND PAYMENT

Our membership fees are set out in the frequently asked questions on our website unless agreed otherwise and are payable in US dollars. We reserve the right to change the membership fee at any time, and for existing Members we will notify you of this by email. However, for existing members such changes will only come into effect on the next annual payment due date. If the membership fee has increased and you do not want to pay it then you must promptly notify us of this at info@tomouh.net. In such circumstances, your membership will automatically terminate on the next payment due date and on that date, we will disable your login details and if payment has been processed, we will refund this to you.

To continue to receive the Services, you must pay the applicable annual membership fee to us on each anniversary of the Effective Date. Payment must be made in accordance with the instructions set out in the welcome email. Payment for the Services must be made in advance in cleared funds.

In addition to payment of the applicable membership fee, you will be liable to pay any and all foreign exchange fees or differences in prices based on location (e.g. exchange rates) that may be applied by your bank or any other financial institution.

We accept payment through our payment processing service providers, Paypal, Inc. & Stripe, Inc. The collection and processing by Paypal, Inc. & Stripe, Inc. of your credit and debit card details and other personal data are governed by its terms and conditions.

If you opted for an automatic recurring payment method, you are deemed to authorise our designated payment processor to store your payment details and automatically charge your payment method (e.g. debit or credit card) the membership fee as and when payable, even after it has expired.

In the event that we (or our payment processor) are unable to process your membership fee for any reason whatsoever, your membership will be suspended for a period of thirty (30) days from the date that payment was due. If, after that 30-day suspension period, we still have not received or been able to process your membership fee, your Tomouh membership shall automatically terminate and your login details will be disabled, and we will not incur any liability for such action.

YOU MUST KEEP YOUR MEMBERSHIP ACCOUNT DETAILS SAFE

You must treat your login details (user name and password) as confidential. You must not disclose it to any third party, including any other Members or do anything that is likely to jeopardise the security of your account. We have the right, at any time, to disable any user login details, whether chosen by you or allocated by us and/or suspend and/or terminate your membership if, in our reasonable opinion (i) you have failed to comply with any of the provisions of these Terms; (ii) we need to safeguard your account; or (iii) we need to protect our Site from security threats.

If you knowingly provide your login details to another person, your membership may be suspended or terminated.

If you know or suspect that anyone other than you knows your user name and/or password (or you have any other reason to believe that your account is no longer secure), you must promptly notify us at info@tomouh.net.

If you fail to notify us promptly, you will be liable for any losses incurred by Tomouh or any other Member due to any unauthorised use of your account.

CONDITIONS OF MEMBERSHIP

To use our Services, you warrant and agree that:

• you are the "Minimum Age" (defined below) or older;
• at all times, you will have a maximum of one Tomouh membership account, which must be in your real name;
• you are not and have never been prohibited or otherwise restricted by Tomouh from using the Services;
• you are a consumer and will use the Services for domestic and private use and not for any commercial or business purposes;
• you are not a registered sex offender or terrorist and you do not have any unspent criminal convictions;
• you are not a competitor of Tomouh and you are not acting directly or indirectly in competition with us;
• you are acting on your own behalf and not on behalf of any other person;
• all information provided to us on your Application, on the registration form located at http://www.tomouh.com/signup, and at any other time, is true, accurate and complete;
• at all times, if any information that you provided on your Application and/or on the registration form located at http://www.tomouh.com/signup, or at any other time changes, you must promptly notify us of this by email and provide us with your up to date information;
• you have full authority and capacity to enter into the Contract; and
• you are not party to any agreement, arrangement or understanding with any third party that would prevent or hinder you from complying with these Terms.

"Minimum Age" means 18 years old for the United Kingdom. However, if the law requires that you must be older for Tomouh to lawfully provide the Services to you (including the collection, storage and use of your information, in accordance with our privacy policy set out at Part 3) then the Minimum Age is such older age.

By submitting any information to us at any time, you authorise us to verify that information at any time, if required, to ensure such information is true, accurate and complete.

We provide a platform and environment for connecting Members with other Members and for sharing information with Members. You acknowledge that if you enter into any agreement, arrangement or understanding with any other Member or Members, we have no liability or responsibility in relation to such agreement(s), arrangement(s) or understanding(s). You are responsible for any interaction you have with another Member, whether through the Site or otherwise.

We reserve the right, at any time, to amend, change, add to, remove or cancel all or any part of the Services. In such circumstances, you may be entitled to cancel the Contract and receive a refund, see the "Cancellation and Refund" section of these terms below. This will be the limit to the extent of our liability to you in such circumstances.

We have no liability for any actions or omissions of any Member, unless such actions or omissions are directly attributable to us or our employees, our subcontractors or agents.

You agree to indemnify us against all liabilities, costs, expenses, claims, damages and losses and all other reasonable professional costs and expenses suffered or incurred by us arising directly out of or in connection with:

• any claim made against us by a third party, or another Member, arising out of or in connection with any materials or information that you post on our Site or any use or misuse of our Services by you, including any claim made against us for infringement of a third party's intellectual property rights; or
• your breach of any of the provisions in these Terms.

MEMBERSHIP RULES

As a Member, you shall, at all times (including while using the Site, when sending direct messages or emails to other Members and when attending any events, meetings or other gatherings organised or facilitated by us), conduct yourself with integrity and in a professional manner and comply with certain rules, in particular you shall:

1. use reasonable endeavours to reply, in timely manner, to any and all direct messages and direct emails sent to you from other Members. If you are busy, unable to help or otherwise unavailable, please let that other Member know;
2. not make any statements or post any material that we consider to be hate speech, threatening, pornographic, defamatory, scandalous, abusive, obscene, discriminatory, unlawful, inciting violence, containing nudity or graphic or gratuitous violence;
3. not post content or initiate any communications that we consider to contain any of the types of statements described in (ii) above through any account or group hosted by a third party website, such as Facebook, Twitter or Linkedin;
4. not, without prior written consent from a Member, disclose that Member’s personal or professional data to any other person;
5. respect all other Members and not interact with Members in a manner that we deem to be inappropriate or annoying;
6. not, without our written permission, make requests for jobs or recruit or market for other organisations, events or groups;
7. not make requests for capital investment, funding, financial support or references, or to initiate introductions to non-Tomouh contacts without appropriate prior networking or establishing a relationship with them;
8. not post offers to Members on behalf of someone else; and
9. comply with all applicable laws including privacy laws and intellectual property laws.

From time to time we may notify you of upcoming events, including (without limitation) Members' dinners and other services or offers specifically targeted at Members, on our Site or via email notification. If you purchase such services or offers, separate terms and conditions will apply and we will notify you of these prior to your purchase either via the relevant webpage or by email communication.

RISK

Although we try to ensure that the Tomouh network is a safe and professional environment in which to interact with other Members, you do so at your own risk.

If you decide to meet another Member, or any individual introduced to you by another Member or encountered at a Tomouh event, please take all necessary precautions.

CANCELLATION AND REFUNDS

A.   Your right to change your mind and cancel the Contract under the Consumer Contracts Regulations 2013 (the "Regulations"):

Under the Regulations, consumers have certain rights to cancel contracts concluded at a distance. The Contract between you and us is such a contract and you have the right to cancel it within 14 days after the date the Contract is entered into (i.e.14 days after the date we send you the email notifying you that your membership has been activated, so if you enter into the Contract on 1 October, you may cancel at any time before the end of 15 October) (the “Cancellation Period”). Because our Services are subscription-based, you acknowledge and accept that they will be made available to you immediately on formation of the Contract and during the Cancellation Period.   If you (i) change your mind after making payment but before you have entered into a Contract with us; or (ii) cancel the Contract during the Cancellation Period, we will provide you with a refund. We may deduct from that refund an amount for the supply of the Service for the period for which it was supplied to you, ending with the time when you told us you wanted to cancel the Contract. The amount of any deduction will be in proportion to what has been supplied, in comparison with the full annual membership fee.

You may cancel the Contract by notifying us at info@tomouh.net before the end of the Cancellation Period. You do not have to give us any reason for your cancellation, but should inform us that you are exercising your right to cancel by a clear statement. The Regulations require us to provide the model cancellation form to you, which you may print or copy and complete, but you do not have to use the model form. The model cancellation form can be found at the bottom of this page. We will make the reimbursement without undue delay, and not later than 14 days after the date on which you inform us of your cancellation of the Contract. We will make the reimbursement using the same means of payment as you used for the initial transaction and will not charge you any additional fees for making the reimbursement.

If you change your mind about becoming a Member after making payment but before you have entered into a Contract with us, let us know by notifying us at info@tomouh.net and we will provide you with a full refund.

B. Your right to cancel the Contract in other circumstances:

You may cancel the Contract:

• (a)  immediately, by written notice if: (i) we commit a material breach of any of the terms in these Terms, which breach is irremediable, or (if such breach is remediable) we fail to remedy that breach within a period of 30 days after being notified in writing to do so; (ii) we have suspended, withdrawn or substantially restricted availability of, or to, our Site or our Services for technical, business or operational reasons (please note that this does not include suspension of your account for reasons of non-payment), or notified you that we are going to do that, each for a period of 30 days or more; or (i) we make a change to these Terms and such change is to your detriment; or
• (b)  on 30 days prior written notice for any other reason, where the Cancellation Period has ended.

If you cancel the Contract for the reasons set out in section (a) (i), (ii) or (iii) of this paragraph B, we will provide you with a refund of any membership fees paid to us for that membership year but we will make a deduction, such deduction will be in proportion to what has been supplied, in comparison with the full annual membership fee.

If you cancel the Contract for the reason set out in (b) of this paragraph B, and the Cancellation Period has ended, you will not receive a refund of the membership fee for the membership year in which you cancel.

If you wish to cancel for any reason set out in this paragraph B, please notify us of this by emailing us at info@tomouh.net.

C. Our Right to Cancel the Contract:

We may cancel the Contract immediately, by written notice: (i) if you commit a material breach of any of the terms in these Terms, which breach is irremediable, or (if such breach is remediable) you fail to remedy that breach within a period of 14 days after being notified in writing to do so; or (ii) for any other reason.

If we cancel the Contract for the reason set out in (i) of paragraph C, we will not refund you any of your membership fee for that membership year. If we cancel the Contract for reasons set out in (ii) of paragraph C, we will provide you with a refund of the membership fee for that membership year but we will make a deduction, such deduction will be in proportion to what has been supplied, in comparison with the full annual membership fee.

Any refunds to be made under paragraph B or C will be made as soon as practicable and using the same means of payment that you used for the initial transaction. Please be advised that processing a request for cancellation and refunding you any amount due under these Terms may take up to 30 days (unless you are cancelling under paragraph A, in which case you will receive any refund from us not later than 14 days after the date on which you inform us of your cancellation of the Contract)

D. Reapplying for Membership

Should you wish to receive our Services again after cancelling your membership, you must submit a fresh application according to the application procedure set out in these Membership Terms.  

We do not guarantee that your re-application will be successful. Returning as a Member to Tomouh after having your membership cancelled or terminated (for any reason) is subject to our absolute discretion.

You acknowledge that if your Contract is terminated or cancelled (for any reason) or expires, your membership automatically terminates. In addition, if your membership is terminated under these Terms, the Contract will automatically terminate. In each of these circumstances we will disable your login details.

TERM

The Contract shall commence on the Effective Date and shall continue, unless terminated earlier in accordance with this Contract, for 12 months (Initial Term), when it shall terminate automatically without notice unless, no later than 30 days prior to the end of the Initial Term (or any Extended Term agreed under this paragraph), we receive payment from you of the annual membership fee, in which case the term shall be extended for a further 12 months (Extended Term). Unless it is further extended under this paragraph or terminated earlier in accordance with this Contract, the Contract shall terminate automatically without notice at the end of an Extended Term.

If you wish to cancel the Contract or do not wish to extend the term of the Contract, you are responsible for deactivating your payment subscription account, or otherwise cancelling any automatic recurring payment for the annual renewal of your membership. If, following cancellation of the Contract or expiry of the Contract, payment for the next membership year is processed, we will refund this amount to you:

(i)      in full if you are cancelling for reasons set out in (a) (i), (ii) or (iii) of paragraph B above; or

(ii)     if you are cancelling for reasons set out in (b) of paragraph B above or you do not want to renew the term of the Contract, we will refund the amount paid less any amount reasonably incurred by us as a result of returning the payment.

EVENTS OUTSIDE OUR CONTROL

We will not be liable for any failure to perform, or delay performance of, any of our obligations under a Contract that is caused by events outside our reasonable control including natural disasters, failures of telecommunications networks, power failure, failure of our suppliers, failure by any third party hosts or third party equipment that you use to access the Site and the Services, data loss and the acts of any government.

TRANSFER OF RIGHTS AND OBLIGATIONS

You may not transfer, assign or otherwise dispose of any Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time.

PRIVACY POLICY

Your privacy is very important to us. This privacy policy (together with our Terms of Use) sets out how we collect any personal information from you, how we use it, the conditions under which we may disclose it to others and how we keep it secure. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. By accessing and using our Site you are accepting and consenting to the practices described in this policy and to our use of cookies in accordance with the terms of this policy and our cookies policy.  

This privacy policy is provided in a layered format so you can easily refer and navigate to the specific areas set out below. Please also refer to the Key terms to understand the meaning of some terms in this privacy policy.

1. Important Information And Who We Are 
2. The Information We Collect About You
3. How Is Your Personal Information Collected
4. How And Why We Use Your Personal Information
5. Use Of Your Information For Marketing 
6. Who We Share Your Personal Information With
7. How Long Your Personal Information Will Be Kept
8. Where We Store Your Information and Transferring Your Personal Information Out Of The EEA
9. Keeping Your Personal Information Secure
10. Your Legal Rights
11. How To Complain
12. Status of This Policy, Your Consent and Changes To Our Privacy Policy

1. IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this privacy notice

This privacy policy aims to give you information on how Tomouh Limited collects and processes your personal information through your use of this Site, either as a Visitor or as a Member, or when you register with us as a Member or for the provision of any services.

Key terms

It would be helpful to start explaining some key terms used in this policy:

Controller

Tomouh Limited (collectively referred to as "Tomouh", "we", "us" or "our" in this privacy policy) is the controller for  purposes of the personal information you have provided to us or we have collected from you through your use of this Site, either as a Visitor or as a Member, or when you register with us as a Member or for the provision of any services to you by us.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.

Tomouh Limited

Merchants Court,

2-12 Lord Street,

Liverpool,

England L2 1TS

Email: info@tomouh.net

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Third-party links

Please note that our Site contains links to information on other web sites and clicking on links and banner advertisements may result in your transferral to another website. Links to and from other websites may include links to and from our partner networks, suppliers, contractors, volunteers, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Those sites are not governed by the Tomouh Limited privacy policy, and if you have questions about how a site uses your information, you will need to check that site’s privacy statement.  Please check these policies before you submit any personal data to these websites.

2. THE INFORMATION WE COLLECT ABOUT YOU

In this section we set out, the different types of personal information we may collect and process about you. Personal data includes any information that directly or indirectly identifies you. Personal data does not include data where the identity has been removed (anonymous data).

The personal information you give us may include (but not limited to) the following types of data which we have grouped together in the below data categories:

• Identity Data includes your first name, maiden name, last name, username or similar identity identifiers (including reference numbers we have allocated to identify you) marital status, title, date of birth, gender, job title, country of birth, nationality, location, occupation, schools/universities attended, employment history and certifications earned and other data which you upload or enter into your profile.
• Contact Data includes postal address, email address, telephone numbers, mobile number.
• Enquiry Data – includes Identity, Contact and Financial Data contained in any enquiry you submit to us regarding your registration to become a Member, subscription to our Services, you completing a profile, participating in discussion boards or engaging in other functions on our Site or you reporting a problem with our Site.
• Financial Data includes bank accounts details, payment card details, other payment details or income details.
• Transaction Data includes details about payments to and from you and other transactional details when you register to become a Member, subscribe to our Services, complete a profile.
• Third Party Data includes information we may receive about you from third parties we work closely with (including, for example, business partners, sub-contractors in technical, payment and delivery services, analytics providers). We will notify you when we receive information about you from these third parties and the purposes for which we intend to use that information.
• Technical Data (which we will automatically collect when you visit our Site) includes the Internet protocol (IP) address used to connect your computer to the Internet, your Internet Service Provider (ISP), your login data and frequency, browser or device type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Site and the online services provided by us. 
• Profile Data includes your username and password, transactions made by you, your interests and preferences and other data you upload or enter into your profile with us.
• Usage Data includes (i) information about how you use our Site when you visit the Site, collected using google analytics tools which may include any or all of the following: the full Uniform Resource Locators (URL), clickstream to, through and from our Site (including date and time), page response times, download errors, pages visited, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page; (ii) information about the services we provide to you and your profile, including but not limited to, traffic data, location data, web logs and other communications data, whether this is required for our own purposes or otherwise and the resources that you access.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communications preferences.
• Correspondence Data includes all of the above category groups of personal data which are contained in or relating to any communication with you (by phone, email or otherwise)), which may also include the communication content and metadata associated with the communication.

This personal information is required for your registration to become a Member, subscription to our Services, completion of your profile, participation in discussion boards or WhatsApp Groups or engagement in other functions on our Site and to provide services to you.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

COOKIES

Our Site uses cookies to distinguish you from other users of our Site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.

3. HOW IS YOUR PERSONAL INFORMATION COLLECTED

In this section, we set out how your personal data may be collected and the methods of such collection.

We may collect, use, share, store and transfer different types of personal information about you or that you give us when:

• You fill in forms on our Site,
• You correspond with us by phone, e-mail or otherwise,
• You register to become a Member, subscribe to our Services,
• You complete a profile, participate in discussion boards or engage in other functions on our Site,
• You report a problem with our Site,
• We receive information about you from:

• • third parties, such as business partners, sub-contractors in technical, payment services (e.g. PayPal), delivery services, analytics providers, or
  • publicly available sources such as social media sites and government registers,

• We receive information that you provide us with on social media webpages we may link to, including (but not limited to) Twitter, LinkedIn, YouTube and Instagram.
• You elect to join the WhatsApp group established for members or any temporary WhatsApp group established for a specific purpose (such as groups created to connect members registered for a particular event and to shared event-related updates (WhatsApp Groups).
• Automated technologies or interactions are used; for example as you interact with our Site, we may automatically collect technical data about your equipment, browsing actions and patterns. We may collect this personal data by using cookies, and other similar technologies. Please see our cookies policy  for more information, and
• We analyse and manage services provided to you (such as your profile, your participation in discussion boards or other functions on our Site).

We collect most of the personal information directly from you – in person, by telephone or email and via our Site.

4. HOW AND WHY WE USE YOUR PERSONAL INFORMATION

We have set out below, in a table format, a description of the ways we use your information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

In order to process and use your personal information, we generally rely on the following legal bases:

1. processing is necessary for the performance of the services we provide to you and/or you wish to subscribe for; or
2. processing is necessary for the purposes of the legitimate business interests pursued by Tomouh Limited; or
3. you have given explicit consent to the processing of your personal information for one or more specified purposes.

5. USE OF YOUR INFORMATION FOR MARKETING

Promotional communications

We may use your personal information to send you updates by email, telephone or post about our products and services, including exclusive offers, promotions or new products and services.

We have a legitimate interest in processing your personal information for promotional purposes (see above ‘How and why we use your personal information’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

Third-party marketing

We will always treat your personal information with the utmost respect and never sell or share it with other organisations for marketing purposes without your consent.

We will get your express opt-in consent before we share your personal data with any companies for marketing purposes.

Opting-out

You have the right to opt out of receiving promotional communications at any time by:

1. contacting us at Tomouh Limited, Merchants Court, 2-12 Lord Street, Liverpool, L2 1TS, UK
2. using the ‘unsubscribe’ link in emails

We may ask you to confirm or update your marketing preferences in the future, or if there are changes in the law, regulation, or the structure of our business.

6.  WHO WE SHARE YOUR PERSONAL INFORMATION WITH

Your profile and the personal data contained within that profile will be visible to all other Tomouh members.

Please note that members are given the opportunity to join the WhatsApp Groups if they wish. Due to the limitations of the app itself and the nature of WhatsApp, participants retain access to your contact number and profile photo (if you have one) when you leave the group because either you no longer wish to be part of it or in circumstances where your membership is suspended for any reason (please refer to Part 2 of this document (Membership Terms) for details of when this may happen).

In addition, we may share your personal information with selected third parties including:

• if applicable, any future member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, insofar as is reasonably necessary for the purposes set out in this privacy policy;
• our service providers including payment service providers such as PayPal and Stripe, and providers of IT services such as Dropbox for our file management, The Endurance International Group, Inc. for our Site hosting, Divtechnosoft for our Site development and maintenance, Zoho Group for our client relationship management software platform, business partners, suppliers, contractors, sub-contractors, volunteers, or any other related parties for the performance of any contract we enter into with them for the performance of services and products to you (Please note that the collection and processing by Paypal, Inc and Stripe, Inc of your credit and debit card details and other personal data are governed by its terms and conditions);
• if required, advertisers and advertising networks that require the data to select and serve relevant adverts to you and others (subject to your express consent for such purposes);
• analytics and search engine providers that assist us in the improvement and optimisation of our Site;
• with our social media management company, which creates posts about our members’ job status information and achievements (which information our members have shared with us or shared as public information on social media platforms); and
• third parties we use to process your information on our behalf, for example, third parties used to host or maintain the Site (Divtechnosoft and The Endurance International Group, Inc.) and to maintain our IT systems (such as Dropbox for our file management). Where we use third parties to process your information on our behalf we will ensure that they have provided appropriate safeguards required in relation to your personal information.

We may also disclose your information to third parties: 

• In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
• If Tomouh or substantially all of its assets are acquired by a third party, in which case personal data held by it about its Members and Visitors will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use or Membership Terms and other agreements; or to protect the rights, property, or safety of Tomouh, our Members and Visitors, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction, insurance purposes or legal advice.

We shall not be responsible for unauthorised use or disclosure of your personal data by any Member or third party which is due to your breach of our Terms of Use or this Privacy Policy.

7. HOW LONG YOUR PERSONAL INFORMATION WILL BE KEPT

We will keep your personal information while you have a membership with us or we are providing products and services to you. For our third party provider's personal information, we will keep that personal information while we have an account with the third party provider or they are providing services to us.

Thereafter, we will keep your personal information for as long as is necessary:

• to respond to any questions, complaints or claims made by you or on your behalf;
• to show that we treated you fairly;
• to keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this privacy policy.

Please note that different retention periods may apply for different types of personal information. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised 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.

We generally keep personal information about members who have ceased their membership or for whom we are no longer providing products and services for up to 1 year after cessation of membership or provision of products and services. Thereafter, we generally keep in our records the names only of members that have ceased their membership for a period of 7 years to ensure we do not approach such members with any new membership enquiries.

We typically keep third party provider's personal information for 6 years after the third party provider is no longer engaged by us but a longer period may be required dependent on the circumstances and the types of personal data as mentioned above.

When it is no longer necessary to retain your personal information, we will delete or anonymise it.

Please note, however, that due to the nature of WhatsApp, if you have joined the WhatsApp Groups and you subsequently decide to no longer be part of it or your membership is discontinued for any reason, your contact number (and profile photo, if applicable) will continue to be visible to participants.

8. WHERE WE STORE YOUR INFORMATION AND transferring your personal INFORMATION OUT of the UK

All information you provide to us (save for any financial or payment information) is stored on Dropbox, on our website, hosted and maintained by our website providers (The Endurance International Group, Inc and Divtechnosoft) or on the client relationship management software platform we use, provided by Zoho Group.

The information that we collect from you may be transferred to, processed and stored at a destination outside the UK. It will also be processed by staff operating worldwide who work for us or for one of our service providers. This includes staff engaged in, among other things, the fulfilment of your Contract with us, the processing of your payment details (such as PayPal and Stripe) and the provision of support services. We are not the controller of any personal information you provide to PayPal  and you need to refer to their privacy policy (https://www.paypal.com/uk/webapps/mpp/ua/privacy-full). We are not the controller of any personal information you provide to Stripe and you need to refer to their privacy policy (Privacy Policy (stripe.com)

In respect of our website providers, the personal data you provide is processed as per their privacy policy, which can be found at https://www.divtechnosoft.com/privacy-policy and https://www.endurance.com/privacy/privacy.

In respect of Dropbox, the personal data is processed in accordance with their privacy policy, which can be found at https://www.dropbox.com/en_GB/privacy. 

In respect of Zoho Group, the personal data is processed in accordance with their privacy policy, which can be found at https://www.zoho.eu/privacy.html. 

In relation to Dropbox and our website providers, the following data processing terms apply respectively:

• Dropbox - https://www.dropbox.com/en_GB/privacy#business_agreement and https://assets.dropbox.com/documents/en/legal/data-processing-agreement-dfb-013118.pdf
• The Endurance International Group, Inc. - https://www.bluehost.com/terms/user-agreement and https://www.bluehost.com/terms/data-processing-agreement

The personal information Dropbox, our client relationship management software provider and our website provider collect will be transferred to, and stored at and/or processed in the United States and is also processed by staff operating outside the UK, such as in Pakistan and the Philippines.

To deliver services to you and for the fulfilment of your Contract with us, it is necessary for us to transfer, process, store and share your personal information outside the UK, e.g:

• with our staff operating outside the UK who are engaged in, among other things, the fulfilment of your Contract with us;
• with your and our service providers located outside the UK;
• with you  if you are based outside the UK;
• as there is an international dimension to the services we are providing to you.

By submitting your information to us, you agree to this transfer, processing and/or storing. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this Privacy Policy.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the UK.
• Where we or our service providers use certain service providers, we may or they may use specific contracts approved by the UK which give personal data the same protection it has in the UK.
• Where we or our service providers use other providers based in the US, we or they may transfer data to these other service providers using specific contracts approved by the UK which give personal data the same protection it has in the UK.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

You acknowledge that personal data that you submit for publication through our Site or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

9. KEEPING YOUR PERSONAL INFORMATION SECURE

All information you provide to us (save for any financial or payment information) is stored on Dropbox, on our website, hosted and maintained by our website providers (Divetchnosoft) or on the client relationship management software platform we use, provided by Zoho Group. We utilise the security measures provided by these service providers. In addition, we our team members and staff from are restricted from downloading or viewing any documents or information related to our business and containing personal information outside Dropbox. 

We do not store bank card information for our members. We use PayPal and Stripe as payment solutions and direct our members to PayPal and Stripe for processing payments to be made to us.

We have appropriate security measures to prevent personal information from being accidentally lost, or used or accessed unlawfully. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Where you use a password which enables you to access certain parts of our Site, you are responsible for keeping that password and any other login details confidential. You must not share these details with anyone, or store them in a way that may allow a third party to access them. You must not allow anyone else to access or operate your account.

In addition, in order to protect your personal data, you should:

• use a unique password and change your password periodically;
• only use browser options or features such as “save password”, “remember me” and “keep me logged in” if you access our Site from your personal device and provided that no other person can access that device.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. We take all reasonable steps to ensure your personal data remains secure.

10. YOUR LEGAL RIGHTS

 You have the following rights, which you can exercise free of charge:

For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation at https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.

If you would like to exercise any of those rights, please:

• write to us at our registered address at Merchants Court, 2-12 Lord Street, Liverpool L2 1TS, United Kingdom, or email us at info@tomouh.net
• let us have enough information to identify you (e.g. your full name, address and/or member reference number);
• let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
• let us know what right you want to exercise and the information to which your request relates.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

ACCURACY OF YOUR INFORMATION

You shall at all times keep your information accurate and up-to-date. You can control the information you post of our Site through editing your profile or by emailing us at info@tomouh.net. We will aim to rectify any inaccuracies as soon as possible, but shall not be liable for any delay in complying with your request.

11. HOW TO COMPLAIN

We hope that we can resolve any query or concern you may raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone: 0303 123 1113.

12. STATUS OF THIS POLICY, YOUR CONSENT AND CHANGES TO OUR PRIVACY POLICY

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Where consent is required for our use of your personal information, we will seek your consent.

We may change this Privacy Policy from time to time by updating this page and, where appropriate, notifying you by email.  Please check this page regularly to see any updates or changes to our policy.  Any change will take effect immediately the revised policy is available online. This version was last updated on 21 March 2023.

How to Contact Us

Please contact us by post or email if you have any questions about this privacy policy or the information we hold about you.

You can write to Tomouh Limited at its registered address: Merchants Court, 2-12 Lord Street, Liverpool L2 1TS, United Kingdom or email us at info@tomouh.net.

COOKIE POLICY

We use cookies, and other technologies, on the Site to recognize you and uniquely identify your browser. This helps us to provide you with a good experience when you use the Site and also allows us to improve the Site, applications and Tomouh in general. By continuing to use the Site, applications and Tomouh in general, you agree to our use of cookies.

What are cookies?

A cookie is a small text file which is placed onto your computer (or other electronic device) when you access our Site. We use cookies on this Site to:

• recognise you whenever you visit this Site (this speeds up your access to the Site as you do not have to log in each time);
• obtain information about your preferences, online movements and use of the internet;
• carry out research and statistical analysis to help improve our content, products and services and to help us better understand our customer requirements and interests;
• target our marketing and advertising campaigns and those of our partners more effectively by providing interest-based advertisements that are personalised to your interests; and
• make your online experience more efficient and enjoyable.

There are two main types of cookie:

• Session cookies—these are deleted when you finish browsing a website and are not stored on your computer longer than this; and
• Persistent cookies—these are stored on your computer after you have finished using a website so that the website provider can remember your preferences the next time you use it

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org

The information we obtain from our use of cookies will not usually contain your personal data. Although we may obtain information about your computer or other electronic device such as your IP address, your browser and/or other internet log information, this will not usually identify you personally. In certain circumstances we may collect personal information about you—but only where you voluntarily provide it e.g. by completing an online form/application and/or where you subscribe for services from us. For further details, please refer to our privacy policy.

THIRD PARTY COOKIES

Please note that third parties (including advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies

How do we use cookies?

The table below shows what cookies we use and why.

CONSENT

There is a notice on our home page which describes how we use cookies and which also provides a link to our terms and conditions (including privacy policy). By clicking the “Consent” option on this notice you are agreeing to the use of cookies. If you use the Site after this notification has been displayed to you, we will assume that you consent to our use of cookies for the purposes described in this cookie policy and our privacy policy.

There is a notice on our home page which describes how we use cookies and which also provides a link to our Site’s privacy policy. By clicking the “Consent” option on this notice you are agreeing to the use of cookies. If you continue to use our Site after this notification has been displayed to you, we will assume that you are happy to receive all cookies from our Site for the purposes described in this Site cookie policy and our Site privacy policy.

HOW TO TURN OFF COOKIES

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or indicate when a cookie is being sent. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Site. For further information about cookies and how to disable them please go to the Information Commissioner’s webpage on cookies: https://ico.org.uk/for-the-public/online/cookies/.

Tomouh Limited 2018 All rights reserved