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Our Standards of Business Conduct

TMGcore is committed to maintaining the highest level of professional and ethical standards when conducting business. Our continued growth, profitability, and prosperity is directly tied to our ability to act in a manner consistent with TMGcore’s mission and values.

Our Mission: To develop and enable the evolution of the world’s most advanced High-Performance Computing Solutions and by doing so build the foundation upon which all of humanity prospers.

Our Values: Aligning to our mission, our values serve as guiding principles in how we do business and engage stakeholders.

Respect – We base all interactions on the foundation of respect. Innovation – We are passionate about creating new possibilities, implementing change, and seeking continuous improvement.

Integrity – We are honest and trustworthy in all we do.

Transparency – We encourage transparency in our communications and ways of working.

Accountability – We fulfill our commitments. Every employee plays an important role in achieving our mission.

Empowerment – We are committed to creating an environment where employees can thrive and pursue personal and professional growth.

Community – We value people and are dedicated to fostering an environment of diversity and inclusion and supporting our community through social responsibility initiatives.

The TMGcore Standards of Business Conduct embodies what we want to be known for and our beliefs as an organization. All employees, officers and directors are required to comply with TMGcore’s Standards of Business Conduct. Each of us has a personal responsibility and obligation to conduct the Company’s business activities ethically and in compliance with all applicable laws. Your conduct should reflect positively on our reputation in the industry and in the community.

Our company and its employees approach their stewardship with a focus on the Six T’s for Success: Talent, Team, Training, Tools, Time, and Tenacity. We employ superior talent, unite as a team, provide role-based training, supply the right tools, provide adequate time to accomplish our tasks and goals, and demonstrate group grit and individual tenacity.

Our Standards of Business Conduct follow the categories of our seven values, as set forth below.

RESPECT


Workplace Conduct TMGcore endeavors to maintain a safe and positive work environment. We each play a role in fostering this environment. Accordingly, we all must abide by certain rules of conduct, based on honesty, common sense, and fair play, including the framework outlined in the TMGcore Employee Handbook. We exhibit empathy and enthusiasm in the workplace. We are building a community of people who are obsessed with our business offerings and the impact they make on the world.

Pivot to Positive We recognize our people are our best asset and true competitive advantage. Our company values and culture focus on building a positive and productive work environment to allow each employee the opportunity to be their best personal self and achieve success. Words have meaning and we chose our words (whether spoken or written) to pivot to the positive in efforts to cultivate authentic relationships. We seek to see the strengths in each other. We provide encouragement and direct support when others are in need. When we say, “Happy Monday!”, “Have a great weekend!”, or “What can be done to help?”, we do so because we genuinely mean it.

Human Rights & Equal Opportunity TMGcore complies with all employment laws in the countries and jurisdictions where it operates. All employment applicants are assessed based on their skills, experience, and overall fit for the job in question. With respect to our vendors, business partners, and supply chain, we support the fundamental human rights of all people and will not do business with any person or entity that uses forced or child labor.

INTEGRITY


Anti-Bribery and Anti-Corruption Laws TMGcore strictly prohibits bribery or other improper payments in any of its business operations. This includes bribes, kickbacks, excessive gifts or entertainment, or any other payment made or offered in order to obtain any business advantage, such as the avoidance of taxes, relaxed governmental requirements, or overlooked regulations. This prohibition applies to all business activities, anywhere in the world including, without limitation, business dealings with government officials. A bribe or other improper payment to secure a business advantage is never acceptable and can expose the participating individuals to personal liability. Such improper conduct can also expose TMGcore to possible criminal prosecution, reputational harm, and other serious consequences.

Avoid Conflict of Interest TMGcore employees should not have, or appear to have, personal interests or relationships that actually or potentially conflict with the best interests of TMGcore. Employees who may influence a decision may not hold an interest in, or accept free or discounted goods from, any organization that does, or is seeking to do, business with TMGcore. This includes profiting personally, e.g., through commissions, loans, expense reimbursements, or other payments, from any organization seeking to do business with TMGcore. Employees may not hold an interest in any organization that competes directly with TMGcore. Additionally, a familial relationship among employees can create an actual or potential conflict of interest in the employment setting, especially where one relative supervises another. Familial relationships include people to whom the employee is related and anyone else who has a similarly close personal relationship.

Related Party Transactions Because certain transactions present a heightened risk of conflicts of interest, TMGcore’s Board of Directors has adopted a Related Party Transaction policy, which requires the notification and review of any transaction that falls into this category. A Related Party Transaction is any agreement, arrangement or understanding between TMGcore and any member, director, or officer of the Company (or an immediate family member), any affiliate of a member, director or officer of the Company, or any officer thereof, that includes the sale, lease, transfer or other disposition of any property or assets, any service agreement or arrangement, any employment or other agreement involving compensation, or a loan, advance or guaranty to, with, or for any of their benefit. Seek guidance if an action is questionable.

Gifts and Business Courtesies We limit our receipt of gifts or business courtesies, such as a coffee or lunch with a supplier, in order to maintain our objectivity when selecting suppliers. We share holiday gift baskets from suppliers with our department to spread the cheer. We also discuss with the business representatives of our customers what their company policies are related to gifts, holiday presents, or business courtesies to ensure our actions are consistent with the recipient’s own restrictions. We neither offer nor receive gifts or business courtesies from any government official.

Accuracy of Business Records Business records are to be maintained in accordance with company policies and retention schedules, whether hard copy, archival, or soft copy. Because TMGcore has a responsibility to preserve information relating to litigation, audits, and investigations, we each have an obligation to contact appropriate leadership of potential or actual litigation or investigation involving TMGcore that may have an impact on record retention protocols. Certain business or personnel records that contain personally identifiable information and/or health information must be handled in accordance with applicable laws and regulations.

Use of Computer Systems & Company Assets TMGcore's communication and computer systems are intended primarily for business purposes. Equipment and supplies are assets of the company which should remain on its premises. Employees have no reasonable expectation of privacy with respect to their use of TMGcore supplied equipment or systems. TMGcore has the right to review any and all such usage for any lawful purpose. Also, we seek to limit wasting company assets by our thoughtful use. We respect careful spending and ask only for what we need, and we take care of what we have, just like we do in our own households.

INNOVATION


Confidential Information We protect our competitive advantage. During the course of work, employees may become aware of confidential information about TMGcore's business, including but not limited to information regarding TMGcore finances, pricing, products and new product development, software and computer programs, marketing strategies, suppliers, customers, and potential customers. Employees also may become aware of similar confidential information belonging to TMGcore's clients or business partners. It is extremely important that all such information remain confidential, and particularly not be disclosed to TMGcore's competitors or other customers. We also must adhere to the non-disclosure agreements TMGcore has with others to protect the business relationship. TMGcore will assert its rights against any employee who fails to adhere to these obligations or any other employment-related obligations.

Patents, Trademarks and Copyrights We seek out the novel and unique, with an “anything is possible” approach to our work. We share new ideas openly and collaboratively. Most of all, we identify the new and novel for potential intellectual property protection as a patent, a trademark, or a copyright. Similarly, we respect the protected rights of others by only engaging in authorized use of anyone’s intellectual property, including that of TMGcore, such as designs, audio and video, white papers, and printed materials. Because TMGcore is a provider of software, we are very aware of the laws that prohibit unauthorized duplication of copyrighted computer software.

Safeguarding Trade Secrets We protect our innovations through trade secret protection, which requires each of us to carefully monitor the proprietary information we access or manage. Trade secrets are considered protected when we carefully manage, monitor, and maintain the secrecy of those innovations that may not be patented or are in the process of being patented. Employees whose work requires development of or access to trade secrets are required to maintain their secrecy by prohibiting any unauthorized access.

TRANSPARENCY


Open and Honest in Communications One sign of a strong company culture is the open exchange of ideas and information. We are truthful in our dealings and are honest in our business, including our communications. We are transparent with our audience and share the full picture. We give credit to others for their work. Prior to communicating, we evaluate and anticipate what questions may be raised, in order to proactively integrate those in the initial communication. Thorough and thoughtful communication keeps us from being inefficient in our work. Self-awareness is a key component to open and honest communications.

Communicate Clearly in Business We communicate ethically in business through leveraging the following core principals of business communications: audience awareness, conciseness, objectivity, clarity, consistency, relevance and completeness. Our business communications are timely, sent via a proper medium, and establish a call to action for the recipient. Success in business is a direct reflection of everyone who runs and participates in its operations, which is why effective communication is a critical part of our work environment.

Inclusivity Our employees demonstrate commitment to our culture and our diversity of thought by considering who should be included, based upon the subject scope, individual acumen on the subject or accountability to deliver. We want to build an environment free of cliques or silos through the thoughtful inclusion of others. We demonstrate being an ally to colleagues when we see the need. Our actions speak loudly. Therefore, it is incumbent upon each employee to reflect on how to demonstrate inclusivity.

Publicity and Social Media It is necessary to preserve TMGcore's good will in the marketplace. All media inquiries must be referred solely to the CEO. All rules regarding confidential and proprietary business information apply to blogs, web pages, and social networking platforms. Personal social media posts must include a disclaimer stating the opinions expressed are his/her personal opinion and not TMGcore's position. Posted material that is discriminatory, obscene, defamatory, libelous, or violent is strictly prohibited.

EMPOWERMENT


Diversity We value the differences and uniqueness each of us brings to our organization. Such diversity can be found across all categories: geographic, ethnic, development abilities, learning style, gender expression, culture heritage, behavior styles, political affiliation, physical abilities, educational background, and military experience, to name a few. We are committed to embracing diversity and uniqueness in our daily office interactions and shared work experiences. We demonstrate our commitment to ensuring our colleagues have equality of opportunity and experiences without impediment or unfair advantage due to individual diversity and/or uniqueness. Our common denominator is execution of results.

Continuous Improvements Each of us is engaged in regularly examining our work to identify areas for improvement. We also seek feedback from others proactively. We are generous with recognizing the courage it can take to share feedback. We listen with an open mind. We have permission to improve the efficiency of working processes and the duty to effectively communicate change to others. We encourage our colleagues who have less expertise to say, “I don’t understand,” or to answer “I don’t know. I’ll find out.” We share our success and give recognition to those involved.

Well-Being Our lives are often complex. Each of us has an obligation to manage our well-being and needs. Some of us are also caretakers of the health needs of family members. Some are managing the care of aging parents. Several are tending to the educational needs of children. Many are caretakers for beloved pets. We respect the process of consulting with our supervisors when such needs arise to coordinate responsibilities, while maintaining accountability to ensure the progress of our daily work.

ACCOUNTABLITY


Keep Commitments We go the extra mile in all that we do. Success is achieved for each of us when individual commitments are kept. We also achieve collective success for the company and our stakeholders when we honor our promises. Each of us upholds the obligations to be on time, with a job done right the first time, with high client satisfaction, whether the role is client-facing or behind the scenes.

Health and Safety Each of us is required to be conscientious about workplace safety, including proper operating methods, and recognizing dangerous conditions or hazards. We comply with all safety rules and procedures. Any unsafe conditions or potential hazards, or suspicion of a concealed danger, on TMGcore's premises, or in a product, facility, piece of equipment, process, or business practice should be brought to the attention of management immediately for handling and remediation. Any workplace injury, accident, or illness must be reported to the employee's supervisor as soon as possible, regardless of the severity of the injury or accident. Please also note that domestic disputes have the potential to spill over into the workplace and know that such issues can be raised confidentially with Human Resources to help mitigate the risk of workplace violence.

Protection and Proper Use of Company Assets Equipment essential in accomplishing job duties is often expensive and may be difficult to replace. When using company property, we are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines. Prompt reporting of loss, damages, defects, and the need for repairs could prevent deterioration of equipment and possible injury to employees or others.

COMMUNITY


Corporate Social Responsibility We contribute to our community through volunteer activities and service to others. We encourage individual participation in the election process, providing flexibility in the workday to allow for voting.

Sustainability We use resources wisely and promote the design of products that drive improved sustainability. Through careful design, our product stewardship supports our customers’ goals of water and energy conservation.

Responsible Sourcing We seek out suppliers who foster diversity and source raw materials responsibly, while upholding labor laws. We initiate supplier audits when necessary.

REPORTING & CERTIFICATION


Reporting Illegal or Unethical Behavior Our company maintains an anonymous compliance and ethics hotline for reporting complaints regarding perceived or actual illegal behavior, fraud, a violation of the Employee Handbook, a violation of these Standards of Business Conduct, or any other company policy. Good faith concerns or complaints may be submitted on a confidential basis in writing using the anonymous online portal managed by a third-party solution, or by calling a toll-free number. Details on this compliance and ethics reporting hotline are posted on our internal SharePoint and in company breakrooms. All concerns and complaints are investigated by the company and escalated as appropriate. TMGcore prohibits retaliation against any employee for cooperating in an investigation or for making a complaint.

Certification Each employee is required to certify compliance with these Standards of Business Conduct on an annual basis.

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) is entered into between You (“You,” “Your”) and TMGcore, Inc. (“Company”) and You agree to be bound by this Agreement as indicated by your use of the Company website. Please read this Agreement carefully because it contains a limitation of liability and release of claims against Company and other important information about Your legal rights. This Agreement applies to Your use of the Company’s website (“Services”). You acknowledge access to the Company’ Privacy Policy. If You are accessing the website on behalf of Your employer or another entity, You represent and warrant that (i) You have full legal authority to bind Your employer or such legal entity to this Agreement, (ii) You have read and understand this Agreement and (iii) You agree on behalf of Your employer or other entity, to this Agreement.

  1. Termination. You agree that Company may terminate this Agreement with You at any time and terminate or suspend Your access to the website at any time and for any reason.
  2. Company’s Intellectual Property. Company’s Services and its other pre-existing intellectual property shall remain its sole and exclusive property. Company shall own all right, title and interest to any intellectual property created, in whole or in part, by Company in connection with this Agreement.
  3. Confidential Information. As used in this Agreement, You agree “Confidential Information” means the information about the Services, the features of the Services, any trade secrets, data, information about pricing, forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if (A) the disclosing Party has taken reasonable measures to keep such information confidential; and (B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information. Confidential Information shall not include any information which (A) was publicly known prior to the time of disclosure by the disclosing Party, or becomes publicly known after disclosure by the disclosing Party through no action or inaction of the receiving Party in violation of this Agreement; (B) is already in the possession of the receiving Party at the time of disclosure by the disclosing Party; (C) is obtained by the receiving Party from a third party without a breach of such third party's obligations of confidentiality; or (D) is independently developed by the receiving Party without use of or reference to the disclosing Party's Confidential Information.
  4. Restrictions on Use. You agree that You will not: (i) create derivate works based on the Services or copy any features, functions or graphics of the Services, (ii) copy any part or content of the Services (iii) reverse-engineer the Services, or (iv) access the Services in order to (a) build a competitive product or Services, or (b) copy any features, functions or graphics of the Services. You agree to use Company’s Confidential Information only as reasonably necessary to use the Services for its intended purpose. Any other use or disclosure to a third-party is prohibited unless expressly permitted in writing by Company. You agree to hold Company’s Confidential Information in strict confidence and use reasonable measures to protect it as confidential. You shall be permitted to disclose Confidential Information to third-parties only to the extent required by law, provided that You give Company prompt written notice of such requirement and upon the request of the Company, and You cooperate in good faith and at the expense of Company in any reasonable and lawful actions which Company takes to resist such disclosure or limit the information to be disclosed. Upon written request by Company, You will promptly return or destroy all of Company’s Confidential Information.
  5. WARRANTY. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR THAT IT WILL WORK WITHOUT INTERRUPTIONS.
  6. LIMITATIONS OF LIABILITY. YOU WAIVE AND RELEASE COMPANY, ITS OWNERS, OFFICERS, OR EMPLOYEES FROM LIABILITY FOR ANY PAST, PRESENT, OR FUTURE INCIDENTAL, CONSEQUENTIAL, NOMINAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING ATTORNEYS FEES, INDEMNIFICATION, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. YOU AGREE THAT THE ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS BROUGHT AGAINST COMPANY, ITS OWNERS, OFFICERS, OR EMPLOYEES RELATING TO THE SERVICES AND/OR THIS AGREEMENT, INCLUDING ATTORNEYS’ FEES, SHALL NOT EXCEED $500. THIS SECTION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT.
  7. Indemnification. Subject to the limitation of liability provisions in this Agreement, You agree to indemnify, defend and hold Company and its affiliates and their respective officers, directors, employees and agents harmless from and against all third-party claims, losses, liabilities, damages, expenses and costs, including attorney’s fees and court costs, arising from or relating to this Agreement or Your use of the Services.
  8. Governing Law and Venue. This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of law of such state. The Parties hereby agree that any action arising out of this Agreement will be brought solely in Plano, Texas. Both Parties hereby submit to the exclusive jurisdiction and venue of arbitration in Texas.
  9. Arbitration. Any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the Parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof in Plano, Texas. The arbitration shall take place before a panel of one (1) arbitrator sitting in Plano, Texas. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes between the Parties relating to the Services in accordance with the laws of the State of Texas, including whether the dispute is subject to this arbitration provision or is otherwise required to be arbitrated by either Party. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the Parties. Each Party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. The arbitrators shall determine whether a given dispute between the Parties is required to be arbitrated subject to this section. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement, except that a Party may seek a preliminary injunction or other injunctive relief in any court of competent jurisdiction in Plano, Texas if in its reasonable judgment such action is necessary to avoid irreparable harm.
  10. Severability / Rights/Waiver. If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. The rights and remedies of the Parties herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.
  11. Survival. Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement, expressly including but not limited to Sections 2 (Company’s Intellectual Property), 3 (Confidential Information), 6 (Limitations of Liability), 7 (Indemnification), 8 (Governing Law and Venue), and 9 (Arbitration).
  12. Entire Agreement; Modification. This Agreement shall be the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic or otherwise. This Agreement may be modified from time to time by Company, said modifications or amendments becoming effective immediately upon use of Services by You.

Version Date: 2/22/2022

Under Construction

TMGcore Patents

One of the seven company-wide values at TMGcore is “Innovation”. TMGcore has a passion for innovation, having its origin in the creation of our company where we design problem-solving technology for HPC. Persistent innovation has enabled us to become the Home of Immersion.TM

We have a strong commitment to our research and development activities and to the achievements of its team members. One of our business goals is to protect the innovations by submitting for patent protection.

Our patented technology is covered by at least one of the US patents listed below in addition to international patent protection, newly-issued patents and other pending patent applications. Patented articles may be sold in combination as a part of a system or unit, or as components. TMGcore, Inc. does not mark all of its patents. This webpage is intended to serve as notice under the virtual patent marking provisions of the United States Code, 35 USC § 287(a).

U.S. Patents

11,129,298     PROCESS FOR LIQUID IMMERSION COOLING 

10,653,043     VAPOR MANAGEMENT SYSTEM FOR A LIQUID IMMERSION COOLING SYSTEM 

10,624,237     LIQUID IMMERSION COOLING VESSEL AND COMPONENTS THEREOF 

11,013,144     ABSORPTION/DESORPTION PROCESSES AND SYSTEMS FOR LIQUID IMMERSION COOLING 

10,617,032     ROBOT FOR A LIQUID IMMERSION COOLING SYSTEM 

11,224,144     TESTING METHODS AND APPARATUSES USING SIMULATED SERVERS 

11,064,634     TESTING METHODS AND APPARATUSES USING SIMULATED SERVERS 

11,134,586     EXTERNAL ROBOTIC SYSTEM FOR LIQUID IMMERSION COOLING PLATFORM 

10,694,643     BALLAST BLOCKS FOR A LIQUID IMMERSION COOLING SYSTEM 

11,102,912     LIQUID IMMERSION COOLING PLATFORM 

10,477,726     LIQUID IMMERSION COOLING PLATFORM 

10,969,842     CHASSIS FOR A LIQUID IMMERSION COOLING SYSTEM 

By listing patents here, TMGcore makes no admission that other relevant patents do not exist. 

TMGcore, Inc. (“Company” or ”We”) respects your privacy and is committed to protecting it through our compliance with this privacy policy.  

This policy describes the types of information we may collect from you or that you may provide when you visit the website at the following URL: https://www.tmgcore.com (our “Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.  

This policy applies to information we collect:  

  • on the Website.  
  • in email, text, and other electronic messages between you and the Website.  
  • when you provide information to third parties that may perform services on behalf of the Company.  

This policy does not apply to information that we collect offline or through (i) any other means, including on any other website operated by Company or any third party; or (ii) any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from the Website.  

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

We collect, use and are responsible for certain personal information about you. When we do so, we are subject to various laws in the United States and the General Data Protection Regulation which applies across the European Union (including in the United Kingdom), and we are responsible as “controller” of that personal information for the purposes of those laws. 

  1. Personal Information We Collect About You. We may collect and use information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”), as shown below: 
     
Category  Examples  Collected 
A. Identifiers.   A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.   YES  
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).   A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.   Some personal information included in this category may overlap with other categories.   YES  
C. Protected classification characteristics under California or federal law.   Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).   NO  
D. Commercial information.   Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.   NO  
E. Biometric information.   Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.   NO  
F. Internet or other similar network activity.   Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.   YES  
G. Geolocation data.   Physical location or movements.    NO  
H. Sensory data.   Audio, electronic, visual, thermal, olfactory, or similar information.   NO  
I. Professional or employment-related information.   Current or past job history or performance evaluations.   NO  
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).   Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.    NO  
K. Inferences drawn from other personal information.   Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.   NO  

This personal information may be required to provide our products and services to you. If you do not provide personal information we ask for, it may delay or prevent us from providing our products and services to you. 

2) How and Why We Use Your Personal Information. We may use your personal information for the following purposes: 

  • To comply with our legal and regulatory obligations; 
  • To present our Website and its contents to you; 
  • To provide you with information, products, or services that you request from us; 
  • To notify you about changes to our Website or any products or services we offer or provide though it. 
  • For the performance of our contract with you or to take steps at your request before entering into a contract; 
  • For our legitimate interests or those of a third party; or 
  • Where you have given consent. 

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. 

The table below explains what we may use (process) your personal information for and our reasons for doing so:

Our use of your personal information   Our reasons 
To provide our products and services to you, or information that you request  For the performance of our contract with you or to take steps at your request before entering into a contract 
To prevent and detect fraud against you    For our legitimate interests or those of a third party, i.e., to minimize fraud that could be damaging for us and for you 
Conducting checks to identify our customers and verify their identity    To comply with our legal and regulatory obligations 
Ensuring business policies are adhered to, e.g., policies covering security and internet use  For our legitimate interests or those of a third party, i.e., to make sure we are following our own internal procedures so we can deliver the best service to you 
Operational reasons, such as improving efficiency, training and quality control  For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you  
Statistical analyses to help us manage our business  For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you  
Preventing unauthorized access and modifications to systems  For our legitimate interests or those of a third party, i.e., to prevent and detect criminal activity that could be damaging for us and for you 
Updating customer or vendor records  For the performance of our contract with you or to take steps at your request before entering into a contract  For our legitimate interests or those of a third party, i.e., making sure that we can keep in touch with our customers about existing orders and new products 
Marketing our services and those of selected third parties to: 
  • existing and former customers; 
  • third parties  
For our legitimate interests or those of a third party, i.e., to market and promote our business  
Credit reference checks via external credit reference agencies  For our legitimate interests or those of a third party, i.e., to ensure our customers are likely to be able to pay for our products and services 

3) Promotional Communications. We may use your personal information to send you updates (by email, telephone or posting on the Website) 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. 

We will always treat your personal information with the utmost respect and never sell or share it with third parties, other than third parties that we have contracted to provide services on our behalf. 

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

  • using the “unsubscribe” link in emails that you receive from us; or 
  • updating your marketing preferences by clicking on the communications preferences link in the bottom of an email that you receive from us to manage your communication preferences. 

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products and services in the future, or if there are changes in the law, regulation, or the structure of our business. 

4) Who We Share Your Personal Information With. We may share your personal information with: 
  • Our affiliate companies 
  • Service providers we use to help deliver our products and/or services to you, such as payment service providers, warehouses and delivery companies 
  • Other third parties we use to help us run our business, such as marketing agencies or website hosts 
We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers which provide that they can only use your personal information to provide services to us and to you. We may also share personal information with external auditors at our discretion.  We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.  We may also need to share personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.  5) Personal Information We Sold or Disclosed for a Business Purpose.  We have not in the preceding 12 months, sold any of your personal information to third parties.   In the preceding 12 months, we have disclosed or may have disclosed (for a business purpose) the categories of personal information identified in Section 1 above to one or more third parties.   6) Where Your Personal Information is Held. Information may be held at our offices and those of our third party agencies, service providers, representatives and agents as described above (see above: “Who We Share Your Personal Information with”).  Some of these third parties may be based inside or outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring Your Personal Information Out of the EEA”.  7) How Long Your Personal Information Will Be Kept. We will keep your personal information while you have an account with us or while we are providing products and services to you. 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; or 
  • To keep records required by law. 
We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods may apply for different types of personal information.  8) Transferring Your Personal Information Out of the EEA. To deliver services to you within the European Economic Area (EEA), it is sometimes necessary for us to share your personal information outside the EEA, such as: 
  • With our offices outside the EEA; 
  • With your and our service providers located outside the EEA; 
  • If you are based outside the EEA; or 
  • Where there is an international dimension to the services we are providing to you. 
These transfers are subject to special rules under applicable data protection laws.  The following countries to which we may transfer personal information have been assessed by the European Commission as providing an adequate level of protection for personal information: Canada, United Kingdom, and Switzerland.    Our standard practice is to use standard data protection contract clauses that have been approved by the European Commission. To obtain a copy of those clauses, please refer to: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en.  If you would like further information, please contact our Data Protection Manager (see “How To Contact Us” below). 9) Your Rights Under the GDPR. 
Right to Access  The right to be provided with a copy of your personal information  
Right to Rectification  The right to require us to correct any mistakes in your personal information 
Right to be Forgotten  The right to require us to delete your personal information (in certain situations) 
Right to Restriction of Processing  The right to require us to restrict processing of your personal information in certain circumstances, e.g., if you contest the accuracy of the data 
Right to Data Portability  The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party (in certain situations) 
Right to Object  The right to object: 
  • at any time to your personal information being processed for direct marketing (including profiling); 
  • in certain other situations to our continued processing of your personal information, e.g., processing carried out for the purpose of our legitimate interests. 
Right Not to be Subject to Automated Individual Decision-Making  The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you 
For further information on each of those rights, including the circumstances in which they apply, see the guidance on individual rights under the General Data Protection Regulation, available here: https://gdpr.eu/.  10) Your Rights Under the CCPA. You have the right under the California Consumer Privacy Act of 2018 (CCPA) to exercise free of charge: 
Disclosure of Personal Information We Collect About You  You have the right to know: 
  • The categories of personal information we have collected about you; 
  • The categories of sources from which the personal information is collected; 
  • Our business or commercial purpose for collecting or selling personal information; 
  • The categories of third parties with whom we share personal information, if any; and 
  • The specific pieces of personal information we have collected about you. 
  • Please note that we are not required to: 
  • Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; 
  • Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or 
  • Provide the personal information to you more than twice in a 12-month period. 
Personal Information Sold or Used for a Business Purpose  In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:  The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and  The categories of personal information that we disclosed about you for a business purpose.  You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your personal information. If you exercise your right to opt-out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale or disclosure of your personal information, please send an e-mail to [email protected]   
Right to Deletion  Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: 
  • Delete your personal information from our records; and 
  • Direct any service providers to delete your personal information from their records. 
  • Please note that we may not delete your personal information if it is necessary to: 
  • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a product or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; 
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; 
  • Debug to identify and repair errors that impair existing intended functionality; 
  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; 
  • Comply with the California Electronic Communications Privacy Act; 
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; 
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; 
  • Comply with an existing legal obligation; or 
  • Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information. 
Protection Against Discrimination  You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things: 
  • Deny goods or services to you; 
  • Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; 
  • Provide a different level or quality of goods or services to you; or 
  • Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services. 
Please note that we may charge a different price or rate or provide a different level or quality of goods and services to you, if that difference is reasonably related to the value provided to our business by your personal information. 

11) Keeping Your Personal Information Secure. We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. 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 authorized manner and are subject to a duty of confidentiality. We follow industry standards for information security. 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.

12) How to Exercise Your Rights. If you would like to exercise any of your rights as described in this Privacy Policy, please: 

Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period. 

If you choose to contact us directly, you will need to provide us with: 

  • Enough information to identify you (e.g., your full name, address and customer or matter reference number); 
  • Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and 
  • A description of what right you want to exercise and the information to which your request relates. 

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected personal information, or is someone authorized to act on such person’s behalf. 

Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification. 

13) Changes to This Privacy Notice. This privacy notice was published on May [___], 2022. 

We may change this privacy notice from time to time–when we do, we will inform you via our Website.  

How to Contact Us. Please contact us (see contact information below) if you have any questions about this privacy policy or the personal information we hold about you. 

Our contact details are shown below: 

TMGcore, Inc. 

Attn:  _____________, Security Officer 

6815 Communications Parkway 

Plano, Texas 75024 

[email protected] 

(469) 541-1337