Privacy Policy

Last Updated: 2025-02-19

Introduction

At https://tomato.funliving.com ("https://tomato.funliving.com", "Company", "We", or "Us") we respect your privacy and are committed to protecting it through our compliance with this policy.

Thank you for taking the time to read this privacy policy ("privacy policy" or "this policy"). This policy describes the types of information we may collect from our users or information our registered users and you, as a guest user, may provide when you visit the website https://tomato.funliving.com (our "Website") or use our mobile application https://tomato.funliving.com (our "App"), how we collect those data, as well as our practices for using, maintaining, protecting, and disclosing that information. The term "registered user" refers to a natural person who has registered for a user account on our platform or otherwise enjoys our service using an account registered on that individual's behalf. "Guest user" refers to a natural person visiting our Website and App without registering for an account or visiting while not logged in to an account. Any legal persons or employees of the legal person using our services do not fall within the definition of users.

This policy applies to the information we collect:

  • On our Website.
  • In emails, texts, and other electronic messages between you and our Website or App.
  • When you interact with our advertising page.

It does not apply to information collected by any third parties, us offline or through any other means, including on any other website operated by including through any application or content (including advertising) that may link to or be accessible from or through the Website or App.

We are committed to protecting your privacy and data, and compliance with our policies is essential for a mutually beneficial user experience. By using our services, you acknowledge that you have read, understood, and agreed to the terms outlined in our Privacy Policy. If you do not agree with any part of this policy or our Terms of Service, we strongly urge you to refrain from using our services. Your continued use of our services constitutes your acceptance of our Privacy Policy and Terms of Service. This policy may change from time to time. Your continued use of this Website or App after we make changes is deemed to be acceptance of those changes. If you have any questions or concerns about any of our policies, please contact us before using our services.

For clarification purposes, any terms not specifically defined here shall have the same meaning as provided in our Terms and Condition.

Information we Collect About You

We collect several types of information from and about users of our Website or App, including:

  • Information linked to your profile: login credentials including email address, username and password, contact information, preference settings, and any other personal information you may choose to provide to us;
  • Technical information including user ID, IP address, location, device language settings, and IMEI number;
  • Information necessary for the provision of our service: including your legal name, contact details, personal information and contact details of the guarantor, personal information and contact details of your emergency contact, and any information necessary or otherwise required by law to facilitate the rental process;
  • Information automatically generated based on the use of our services including automatically generated ID, logs, and crash reports.

As detailed in the following sections, the information is either obtained directly from you or automatically generated as you navigate through our Website or App. While certain information is necessary, some are optional. Please note that the provision of optional information is purely voluntary and the provision or refusal to provide optional information will not in any way affect the use of our services.

How We Collect Your Information

Information You Provide to Us

The information we collect on or through our Website or App may include:

  • Information that you provide by filling in forms on our Website or App. This includes, but is not limited to information provided at the time of registering for an account, information provided to complete the rental request and application form, any information uploaded to our platform, and any other information you entered or otherwise provided during the normal use of our service.
  • We will collect your contact information when you post property listings on our platforms.
  • We may also ask you for information when you enter a contest, promotion, or special program directly provided by us or otherwise sponsored by us.
  • When you report a problem or provide any other feedback communicated to us, including any details you may choose to include in the communications.
  • Records, copies, and all information contained in your correspondence, including email addresses and phone number or any other method used to communicate with us, as well as any personal information you may choose to provide.
  • Your responses to surveys we may ask you to complete for research, product development, and service quality control purposes.
  • Your search queries on our Website and App.
  • Any other type of information you voluntarily provide to us.

Information Provided by the User (Guarantor & Emergency Contact)

The rental process requires the provision of information on a guarantor and emergency contact of the user. If you have been designated as a guarantor or an emergency contact, the user will provide certain required personal information about you to us. The information we collect may include:

  • Your basic information: including name and date of birth. Some of the information is required to verify your identity and that you are qualified to act as a guarantor or an emergency contact.
  • Your relationship with the user.
  • Your contact information: email, phone number, and address.
  • Any other information as may be required to comply with applicable laws.

In case you were unaware that you have been designated as the guarantor or emergency contact beforehand and wish to have your information deleted, please contact us at china@funliving.com.

Information We Collect From Third Parties

Certain international education agencies and consulting companies work with us to provide users with a seamless transition to their lives abroad. Where you may require, or as otherwise agreed between you and the agencies, these companies will share your information with us so we may assist you in your house-hunting journey. The information these companies may provide to us include:

  • Your basic information: name, the city you will be moving to, school, anticipated move-in date, and other preferences;
  • Your contact information: email, phone number, and contact information on any other conventional communication platforms you may opt to provide.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website or App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website or App, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website or App.
  • Information about your computer and Internet connection, including your IP address, operating system, and browser type.
  • Information related to your account, including the user identification code automatically generated by our system ("User ID").

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website or App and its contents to you.
  • To enable interactive features on our Website or App.
  • To provide you with information, products, or services that you request from us, including requests made to customer supports and other correspondences.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To provide you with notice about your subscription, including order information, expiration, renewal, and any other status information.
  • To notify you about changes to our Website, App, or any products or services we offer or provide through it.
  • To fulfill any other specified purposes with your consent.

We may use the collected information to display advertisements and promotional offers for our services that may interest you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile.

Third-Party Use of Cookies and Other Tracking Technologies

Third-party content and features on our Website or App may use tracking technologies like cookies and web beacons. They might collect and combine your information, potentially linked to personal details, to create profiles

How We Share Your Information

We may disclose or share personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors and other third-party service providers we engage with to support our services and facilitate the rental process. These parties are bound by contractual or legal obligation to use it only for the purposes for which we disclose it to them.
  • To fulfill the purpose for which you provide it, such as posting information from our platform to your social media account. For any other purpose disclosed by us when you provide the information.
  • With your consent.

For additional details regarding third-party cookie providers, please visit our Cookie Policy.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including responding to any government or regulatory request.
  • To enforce or apply other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of https://tomato.funliving.com, our users, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

For EU/EEA Users

The General Data Protection Regulation (GDPR) distinguishes between a "controller" and a "processor" (or similar terms). We note that we are a "controller" for those Services where we make decisions on how personal information is used in connection with our Services, and we are a "processor" for those Services where we only use personal information as allowed by our users.

Purposes For Which We Will Use Your Personal Data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, 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. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
For account registration Contact information
User account credentials
Performance of a contract with you
To process and manage your account User ID
Name
Contact Information
Date of birth
Gender
Performance of a contract with you
Necessary for our legitimate interests (to improve users experience)
To facilitate rental process User ID
User's Name
User's Contact information
User's Date of birth
User's Gender
User's Nationality
Information including the User's School and grade
Information of the guarantor
Information of the emergency contact
Order number (automatically generated)
Performance of a contract with you
Necessary for our legitimate interests (for the purpose of facilitating the rental process)
To manage our relationship with you which will include:
• Notifying you about changes to our terms or Privacy Policy
• Processing your inquiries and complaints
User ID
Contact Information
Order history
Any information you may provide in the correspondence
Performance of a contract with you
Necessary to comply with a legal obligation
Necessary for our legitimate interests (to improve users experience)
To enable you to participate in a survey or protect review Contact information
Demographic information
Profile information (personal preferences and user behavior analytics)
With your consent
To administer and protect our business and this Website or App (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) User account information
Usage logs
Crash reports
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)

Your GDPR Rights and Choices

The GDPR provides consumers (EU/EEA residents) with specific rights regarding their personal information. This section describes your GDPR rights. To exercise any of these rights, please contact us through one of the methods listed in the "Contact Information" section located towards the end of this policy.

  • Right of Access to Personal Information — You have the right to obtain confirmation from us that we process your personal information and, if so, you may have the right to request access to your personal information.
  • Right to Rectification of Personal Information — You have the right to request that we rectify inaccurate personal information concerning you and, depending on the purposes of the processing, you may have the right to have incomplete personal information completed.
  • Right to Erasure/Deletion — You have the right to request us to erase some or all of the personal information concerning you.
  • Right to Restriction of Processing — You have the right to request us to restrict the further processing of your personal information. In such cases, the respective information will be marked as restricted, and may only be processed by us for certain purposes.
  • Right to Object to Processing — You have the right to object, on grounds relating to your particular situation, to the processing of your personal information by us, and we may be required to no longer process some or all of your personal information.
  • Right to Object to Direct Marketing — You have the right to object to the processing
  • Right to Object to Decision Based Solely on Automated Processing — You have the right not to be subject to a decision based solely on automated processing where the decision has a significant legal impact on you.
  • Right to Data Portability — You have the right to receive a copy of your personal information which you have provided to us, in a structured, commonly used, and machine-readable format, and you have the right to request the transfer of that personal information to another entity without hindrance from us.
  • Right to Withdraw Consent — You have the right to withdraw consent you have provided to us where we rely solely on your consent to process your personal information. You can always provide your consent to us again at a later time. Please note that the withdrawal will not affect the processing of data based on prior consent.
  • The Right to Lodge a Complaint — You have the right to lodge a complaint to an applicable supervisory authority or other regulators if you are not satisfied with our responses to your requests or how we manage your personal information. A list of and more information about the EU/EEA Data Protection Authorities can be found here. We encourage you to first or also reach out to us at china@funliving.com, so we have an opportunity to address your concerns directly.

Your Rights and Choices for Certain US Users

If you are residing in California, Colorado, Connecticut, or Virginia, your state's law provide you with specific rights regarding their personal information. To exercise any of these rights please contact us through one of the methods listed in the "Contact Information" section located towards the end of this policy. To appeal a decision regarding a consumer rights request please contact us via email at china@funliving.com.

Right to Access to Specific Information and Data Portability

You have the right to request that the Company disclose certain information to you about our collection and use of your personal information over the past 12 months.

Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or sharing that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we disclose your personal information for a business purpose, we will identify the personal information categories that each category of recipient obtained.

Right to Deletion

You have the right to request that the Company delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

Right to Opt-Out of the Sale of Personal Information

We do not knowingly sell your personal information, yet our use of tracking technologies may be considered a "sale"/ "sharing" under California law. You can click on the "Do Not Sell or Share My Personal Information" link located at the bottom of our Website or App for information to opt-out of sale of information collected on this Website or App.

Right to Opt-Out of the Processing of Sensitive Personal Information

We do not knowingly process your sensitive personal data for purposes other than those listed in this Privacy Policy and part of the provision of our services, which you have authorized.

Other California Privacy Rights

Non-Discrimination

For California users, we will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for like-goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you with a different level or quality of like-goods or services.
  • Suggest that you may receive a different price or rate for like-goods or services or a different level or quality of like-goods or services.

"Shine the Light"

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website, App, other products, services and platforms that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

Consent to Processing and Transfer of Information about You

By default, We will not transfer your personal information to any company, organization or individual unless we obtain your express consent.

However, we may transfer your data to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of https://tomato.funliving.com's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by https://tomato.funliving.com about its Website and App users is among the assets transferred.

Data Retention and Security

We will retain your personal data, including any correspondence you have with us, only for as long as necessary for the purpose of this policy, including retaining personal data in order to comply with our legal obligations, to resolve disputes, for information security purposes, and to enforce our legal rights, terms and policies.

We have implemented measures such as utilizing encrypted transmission protocol designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depend on you. Where you have chosen a password for access to certain parts of our Website or App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website or App, like message boards. The information you share in public areas may be viewed by any user of the Website or App.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or App.

Children's Personal Information

Our Website and App are not intended for children (we define "children" as individuals under 16 for EEA/EU residents, under 13 for users residing outside of the EEA/EU region, or any age as specified by the applicable law) and we do not knowingly collect personal information from children. If you are a child under the definition of applicable data privacy law, please do not use or provide any information on this Website or App until we have obtained verified consent from your legal guardians. If we learn we have collected or received personal information from a child without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child, please notify us through one of the methods specified in the "Contact Information" section.

Changes to Our Privacy Policy

Our policy may be updated from time to time. We kindly ask you to visit our Website and App to check for any changes in the Privacy Policy. The date the privacy policy was last revised is identified at the top of the page.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

china@funliving.com