Privacy Policy

TOA, Inc. Effective: April 2026

This Privacy Policy describes how TOA, Inc. ("TOA," "we," "us," or "our") collects, uses, discloses, and protects information when you visit our website at toa.energy, contact us, or interact with our communications, including telephone calls, text messages, and email (collectively, the "Services"). By using the Services, you agree to the practices described in this Privacy Policy.

This Privacy Policy applies to information collected through our website and direct communications. It does not apply to information processed by TOA on behalf of our software platform customers; that information is governed by the agreements between TOA and those customers, and by our Data Policy and Data Usage document.

1. Information We Collect

We collect information you provide directly to us and information we automatically collect when you use the Services.

a. Information You Provide

  • Contact information — name, business name, email address, telephone number, and mobile number, when you submit a contact form, request a demo, subscribe to communications, or otherwise reach out to us.
  • Communication content — the contents of any messages you send to us, including emails, text messages, voicemails, and chat messages.
  • Business and professional information — details about your company, role, operational needs, and inquiries.
  • Account information — if you create an account or are invited as an authorized user, account credentials and profile information.

b. Information We Collect Automatically

  • Device and usage data — IP address, browser type, operating system, referring URLs, pages viewed, time spent on pages, and similar usage data.
  • Cookies and similar technologies — cookies, pixels, and similar technologies to operate the website, remember preferences, and measure engagement. You can control cookies through your browser settings.

c. Information from Third Parties

We may receive information about you from third parties, including business partners, service providers, and publicly available sources, where lawful and consistent with the purposes described in this Privacy Policy.

2. How We Use Information

We use the information we collect to:

  • Provide, operate, and improve the Services and our website;
  • Respond to inquiries, provide customer support, and communicate with you about products, services, and events that may be of interest;
  • Send transactional and operational messages, including those described in Section 4 (SMS/Text Messaging Communications);
  • Measure and analyze website usage and engagement;
  • Protect against fraud, abuse, and security incidents; and
  • Comply with applicable law and enforce our terms.

3. How We Share Information

We share information only as described in this Privacy Policy.

a. Service Providers

We share information with third-party service providers who perform services on our behalf, such as hosting, analytics, email delivery, and customer relationship management. These providers are bound by contractual obligations to use the information only as necessary to provide their services.

b. Legal Requirements

We may disclose information where required by law, valid legal process, or lawful request by a governmental authority, and to protect the rights, property, or safety of TOA, our customers, or others.

c. Corporate Transactions

In the event of a merger, acquisition, financing, reorganization, bankruptcy, or sale of assets, information may be transferred to the successor entity, subject to commitments consistent with this Privacy Policy.

d. With Your Consent

We may share information with your consent or at your direction.

e. No Sale of Personal Information

We do not sell your personal information. We do not share your personal information for cross-context behavioral advertising, as those terms are defined under applicable law.

Mobile Number Non-Sharing. Mobile phone numbers collected for SMS/text messaging purposes are not shared, sold, rented, leased, or otherwise disclosed to any third party or affiliate for marketing, promotional, or any other purposes. This restriction applies regardless of the legal basis on which the number was originally collected. The only exceptions are (i) disclosure to subprocessors strictly necessary to deliver the message you requested (such as our SMS delivery provider), and (ii) disclosure required by applicable law or valid legal process.

4. SMS and Text Messaging Communications

If you provide your mobile telephone number and opt in to receive text messages from TOA, the following terms apply to those communications.

a. Consent and Opt-In

By providing your mobile number and opting in (such as by checking a consent box, replying to a confirmation message, or submitting a form that clearly indicates SMS opt-in), you agree to receive recurring automated text messages from TOA at the number you provided. Consent to receive text messages is not a condition of any purchase or service.

b. Types of Messages

  • Transactional and operational messages — appointment confirmations, scheduling updates, service notifications, account alerts, and similar communications related to your interactions with TOA.
  • Informational and marketing messages — product updates, announcements, event invitations, and promotional content, only where you have opted in to such messages.

c. Message Frequency

Message frequency varies based on your interactions with TOA and the types of messages you have opted in to receive. Operational messages are sent as needed (typically up to several messages per week during active engagements). Marketing messages, where opted in, are sent at a frequency not to exceed four (4) messages per month.

d. Message and Data Rates

Message and data rates may apply. TOA does not charge for sending or receiving text messages, but your mobile carrier may charge you for sending or receiving messages, depending on your mobile plan. Please consult your wireless service provider for details.

e. How to Opt Out (STOP)

You may opt out of receiving text messages from TOA at any time by replying STOP, UNSUBSCRIBE, CANCEL, END, or QUIT to any message you receive from us. After you send a STOP message, we will send you a confirmation message acknowledging your opt-out. You will not receive further marketing or informational messages from us, although you may continue to receive transactional messages strictly necessary to complete an active transaction or interaction.

f. How to Get Help (HELP)

For help, reply HELP to any message you receive from us, or contact us using the information in Section 11 (Contact). You will receive a response with information on how to get assistance.

g. Mobile Number Non-Sharing

As stated in Section 3(e), TOA does not share, sell, rent, lease, or otherwise disclose mobile phone numbers collected for SMS purposes to any third party or affiliate for marketing, promotional, or any other purposes, except to subprocessors strictly necessary to deliver the messages you have requested or as required by law.

h. Supported Carriers and Compatibility

TOA's SMS messaging is compatible with major U.S. mobile carriers. Carriers are not liable for delayed or undelivered messages. If you change your mobile number or carrier, you should update your information with us promptly or opt out and re-opt-in from your new number.

i. Eligibility

You must be at least eighteen (18) years of age or the age of majority in your jurisdiction to opt in to receive text messages from TOA. By opting in, you represent that you are the account holder of, or have the authority to consent on behalf of the account holder of, the mobile number you provided.

5. Cookies and Tracking Technologies

We use cookies and similar technologies to operate our website, remember your preferences, and measure engagement. Cookies are small text files stored on your device by your browser. You can control cookies through your browser settings; however, disabling certain cookies may affect your ability to use parts of our website. We do not respond to "Do Not Track" signals at this time, but we honor opt-outs as described in this Privacy Policy.

6. Your Privacy Rights

Depending on your jurisdiction, you may have certain rights regarding your personal information, including:

  • The right to access the personal information we hold about you;
  • The right to correct inaccurate personal information;
  • The right to delete personal information, subject to legal exceptions;
  • The right to opt out of certain processing, including text messages (see Section 4(e)) and marketing emails (via the unsubscribe link in those emails);
  • The right to data portability, where applicable; and
  • The right to non-discrimination for exercising your privacy rights.

To exercise any of these rights, contact us using the information in Section 11. We will respond consistent with applicable law. We may verify your identity before fulfilling a request.

a. California Residents

If you are a California resident, the California Consumer Privacy Act, as amended by the California Privacy Rights Act ("CCPA/CPRA"), provides specific rights regarding your personal information, including the rights described above. TOA does not sell personal information and does not share personal information for cross-context behavioral advertising, as those terms are defined under the CCPA/CPRA.

b. European and United Kingdom Residents

If you are located in the European Economic Area, the United Kingdom, or Switzerland, the EU General Data Protection Regulation and the UK General Data Protection Regulation provide rights regarding your personal data. Where TOA processes your personal data, our legal bases include consent, contract, legitimate interests, and compliance with legal obligations. You may have the right to lodge a complaint with your local data protection authority.

7. Data Security

TOA implements commercially reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, disclosure, alteration, or destruction. These safeguards include encryption of data in transit and at rest, role-based access controls, multi-factor authentication for privileged access, logging and monitoring, and periodic third-party security assessments. No method of transmission or storage is completely secure, however, and we cannot guarantee absolute security.

8. Data Retention

We retain personal information only for as long as necessary to fulfill the purposes described in this Privacy Policy, comply with our legal obligations, resolve disputes, and enforce our agreements. When personal information is no longer needed, we delete or anonymize it.

9. Children's Privacy

The Services are not directed to children under 13 (or under 16 in the European Economic Area and the United Kingdom). We do not knowingly collect personal information from children. If we learn that we have collected personal information from a child without verified parental consent, we will delete it promptly.

10. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, the Services, or applicable law. We will post the updated Privacy Policy on this page and update the "Effective" date above. Material changes will be communicated through reasonable means, such as a notice on our website or by email to subscribers. Your continued use of the Services after the effective date of an updated Privacy Policy constitutes your acceptance of the changes.

11. Contact

Questions, requests, or concerns regarding this Privacy Policy may be directed to:

TOA, Inc. 352 E. 1690 N. Midway, Utah 84049 Attn: Privacy Email: privacy@toa.energy