privacy and security (the "protecting you" stuff)

At Tonic, your privacy and security are critical to us. We guard it with our lives. See below for details.

Tonic Privacy Policy & Statement of Security

Last updated: 2/1/09

This Privacy Policy applies to information that we obtain in connection with your use of the Tonic site www.tonic.com and other related owned and operated sites (the "Sites"). We may update this Privacy Policy from time to time.

We will notify you of any material changes by posting the new policy on our website. Please consult this policy regularly to stay informed of any changes. Your use of the Site will constitute your consent to our collection, storage, use, and disclosure of information as described in the version of this Privacy Policy then in effect, and is also subject to our Terms of Use. This Privacy Policy was last revised on the date above.

Information We May Collect

You can browse the Sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information to our servers located in the United States. We may collect and store the following personal information:

• email address, physical contact information, and financial information, such as credit card numbers;
• computer sign-on data, statistics on page views, traffic to and from the site, and ad data;
• other information, including IP address and standard web log information.

Where we have designed our Sites to let you send personal data to Tonic, your transmission will be protected by Secure Socket Layer (SSL). SSL is a technology that encrypts your information during transmission.

The mailing address information you provide us will only be used to provide the products or services you request. Credit card information will be used only to process payments for your orders.

Use

Our primary purposes in collecting personal information are to provide you with a safe, smooth, efficient, and customized online experience. You agree that we may use your personal information to:

• provide the products, services, and customer support you request;
• process payments, collect fees, resolve disputes, and troubleshoot problems;
• manage your activities on the site including voting for causes, suggesting causes, sharing content, and creating and managing events;
• prevent potentially prohibited or illegal activities, and enforce our Terms of Use;
• customize, measure, and improve our services and our website's content and layout; and
• communicate with you regarding Tonic products and services and issues of interest to the Tonic customer community (unless you opt out of these communications, which we will enable you to do).

Our Disclosure of Your Information

It is Tonic's policy not to trade, sell, lease or distribute any of your personal information, except as needed to provide you with the products and services you elect to receive from us or our business partners. We may also disclose personal information to respond to legal requirements, enforce our policies, or protect anyone's rights, property, or safety.

Cookies

We use "cookies" (small files placed on your hard drive) on certain pages of our website to help analyze our web page flow, customize our services, and measure promotional effectiveness. A few important things you should know about cookies are that:

• We offer certain features that are only available through the use of cookies.
• We use cookies to help identify you and maintain your signed-in status.
• Most cookies are "session cookies", meaning that they are automatically deleted from your hard drive at the end of a session.
• You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of the site.

Accessing, Reviewing and Changing Your Personal Information

You can see, review and change most of your personal information by logging into your account on the site. You must promptly update your personal information if it changes or is inaccurate. To opt out of receiving promotional communications or newsletters from Tonic, please follow the unsubscribe instructions included with the communication, check the opt-out box on your logged-in account page or contact us at customerservice@tonic.com for help. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.

Security

Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and industry standard tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from our site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

All personal and credit card information is protected by the Secure Sockets Layer (SSL) protocol with a minimum 128 bit encryption. SSL creates a secure communication channel by encrypting all communication between the user and server. As long as you see the padlock in your browser window you are secure.

Payments are processed through Authorize.net, a payment network that is trusted by more than 220,000 merchants nationwide. Additionally, all of your sensitive information is encrypted on our systems. It is our policy to take all reasonable steps to ensure that your personal data is securely maintained with access limited to only those who need such access to serve you.

Links to Other Sites

Our Sites may contain links to other websites (some of which may be in the form of banner ads, partner products and other advertisements). We are not responsible for the privacy practices or the content of these other websites, and our linking to these websites does not indicate any endorsement of these websites or any affiliation with their providers. These other websites may place their own cookies or other files on your computer, collect data, and/or solicit personal information from you. You must check the privacy statements of these other websites to understand their policies for collecting and using such information.

Our Policy Towards Children

This Sites is not directed towards children. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at privacy@tonic.com, and we will delete such information from our files.

Business Transfers

Tonic, Inc. may sell, transfer or otherwise share some or all of its assets, including your personal information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. We will use our reasonable efforts to require our successor to continue to protect your information as set forth in this Privacy Policy.

Privacy Errors

We strive to update and improve our website and associated services on an ongoing basis. Because certain elements of our Sites or services may be in testing phase at any particular time, we may not always catch an unintended privacy issue, despite our efforts to do so. We therefore welcome feedback on any privacy concerns you may have, and on how to improve our services generally. We do not guarantee error-free performance under this Privacy Policy. We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when we learn of any failure to comply. We will not be liable for any incidental, consequential or punitive damages relating to this Privacy Policy. This Privacy Policy is governed by the laws of the United States.

Questions

If you have any questions regarding this policy, please write us at privacy@tonic.com.