Privacy Policy of Top Echelon Software, LLC

Last Updated: December 4, 2024

Top Echelon Software, LLC and its affiliates or related entities (individually and collectively, “Top Echelon,” “we,” “us,” or “our”) respect your privacy. Accordingly, we have developed this Privacy Policy in order for you to understand how we and our suppliers collect information through the (“Collected Information”) through this website and other websites on which this Privacy Policy is posted (“Site(s)”), our mobile application(s) on which this Privacy Policy is posted (“App(s)”), and the services made available to you through our Sites and Apps (collectively, the Sites, Apps, and the services offered therein are referred to as our “Services”). and use, communicate and disclose and make use of Collected Information. This Privacy Policy also describes how we use, communicate, and disclose and make use of Collected Information, as well as your choices regarding the use of your Collected Information and how we communicate changes to this Privacy Policy.

By accessing or using the Services, by accepting the Terms and Conditions , or by entering into any other agreement with Top Echelon that governs access to or use of the Services, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand this Privacy Policy. If you do not agree with this Privacy Policy, do not access or use the Services.

This Privacy Policy is incorporated into and made a part of our Terms and Conditions , and any other agreement that references this Privacy Policy or that governs access to or use of the Services.

The Services may include functionality and features that allow you to share information with third parties and other users of the Services. This Privacy Policy does not govern such third parties’ or other users’ collection or use of the information you provide to, or make available to, them. You understand and acknowledge that Top Echelon is not responsible or liable for such third parties’ or other users’ collection or use of the information you provide to, or make available to, them. We encourage you to review such third parties’ and users’ applicable privacy policies.

TABLE OF CONTENTS

1. Changes to this Privacy Policy
2. Information You Submit
3. Other Information Collected
4. How We Use and Share Collected Information
5. Additional Information for Individuals Located in the EEA
6. Additional Information for Certain U.S. Residents
7. Additional Information for Canadian Residents
8. Exercise Your Rights
9. Accuracy & Security
10. Children
11. Third Party Websites
12. Cross Border Transfer
13. Contact Us

CHANGES TO THIS PRIVACY POLICY

We reserve the right to update this Privacy Policy at any time. All updates will be effective immediately upon posting of the updated Privacy Policy on the Services. Material changes will be clearly posted on the Services or otherwise communicated to you.

INFORMATION YOU SUBMIT

Personal Information. You can visit the Services without submitting your personal information to us but you will be required to provide your personal information in order to sign up for an account on the Services (where that option is available), to order or purchase products or services using the Services (where that option is available), and to use certain other tools and features of the Services. We will collect any personal information from or about you that you choose to provide to us, which may include, without limitation, your first and last name, physical address, telephone number, email address, and payment information. To sign up for an account on the Services, where that option is available, you may be required or given the opportunity to provide additional types of information (as described below). Any such information that you choose to submit will be collected by Top Echelon. We will use your personal information as described below in this Privacy Policy, including to set up and administer your account and to communicate with you. Additionally, if you provide a mobile or other telephone number to us, you consent to receiving text messages and telephone calls from us at that telephone number as described below, but only to the extent permitted by applicable law.

User Profile. Where available through the Services, you can create and populate a user profile. Through such functionality, where available, you can include and update (i) your contact information (including, without limitation, your first and last name, physical address, email address, and telephone number); (ii) your company or personal website; (iii) your profile image; (iv) recruiting information and your professional specializations; and (v) a description of your employer or the job you have at your employer.

Registration and Logins. To sign up for an account, you must provide specific information, including without limitation, personal information, such as your first and last name, email address, state of residence, and the name of your employer. Once you are registered (where that option is available), when you login to your account, we will collect your login username, password, and email address (if applicable).

Order & Payment Information. We request information from you when you fill out an order form or otherwise purchase products or services through the Services. To purchase products or Services using the Services, where that option is available, you must provide your contact information (e.g., name and shipping address) and the applicable payment information. All purchase made using the Services must be made by credit or debit card, or where available and as specified in the Terms and Conditions, through Automated Clearing House (“ACH”). Top Echelon does not directly access, handle, or store credit or debit card information submitted through the Services. To make a purchase using the Services, you will need to provide your name and your credit or debit card type, number, expiration date, security code, and billing address. This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we may use this information to contact.

User-Generated Content. You are responsible for any data, information, images (including your profile image), messages, documents, and other content that you enter, submit, create, post, upload, transmit, or otherwise provide through or using the Services, including by participating in forums or discussion boards, by uploading or providing photographs, by submitting product reviews or testimonials, by commenting on blog posts, or by populating a user account or profile. All user-generated content is provided at your own risk. We cannot guarantee that user-generated content you provide will not be viewed by unauthorized persons. You understand that, even after removal, copies of user-generated content you have provided may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other Service users. We will make user-generated content available, including publicly available, to other Service users and to the public, as applicable and at its sole discretion, and will use and disclose user-generated content for the purpose for which it was provided as indicated at the point of collection. For more information on user-generated content, please review our Terms and Conditions .

Job Applications to Top Echelon. If you submit a resume, job application, or related materials or other information to us, we may use that information to evaluate your qualifications and consider or respond to your inquiry or application. Your submission of a resume, job application, or related information does not in any way require Top Echelon to review that information or consider you for employment. To view career opportunities at Top Echelon or to submit a job application, you may be redirected to an online career portal operated by a third party. We encourage you to review any terms and privacy policies posted on that portal (if applicable).

Job Applications to Other Users. The Services may allow you to submit a resume, job application, or other related materials or other information to other users of the Services. Your submission of a resume, job application, or related information does not in any way require Top Echelon or such other user of the Services to review that information or consider you for employment. Any other user of the Services’ use of the information you provide them is not governed by this Privacy Policy and we are not responsible for such third party’s use of the information. We encourage you to read the applicable privacy policies for each third party you interact with on the Services.

Contact Form, Quotes, Requests for Support or Demos. To contact us for more information, quotes for our applicable products and services, or to request support via the Services, you will need to provide your contact information (including, without limitation, your email address, first and last name, the state you reside in, and your telephone number) as applicable, details of the products or services, the company you work for, and the subject matter in which you are interested.

Live Chat. If you use the chat or messaging feature on the Services, we will collect all text and other information and content that you may provide or input using those features. If you use a chat or messaging feature while signed into your account, we may link that information to your account.

Marketing Communications. If you sign up or otherwise opt in to receive blog updates, promotions, or other communications from us, you will need to provide your email address. We will use this information to send you Top Echelon updates and promotional and other electronic communications. You may opt out of receiving updates and other emails from us at any time by following the unsubscribe instructions in the applicable email. We may use third-party email provides to deliver these communications to you.

Some of our mailing lists are managed by ActiveCampaign, LLC. ActiveCampaign may use your information and share it with third parties, including, for example, for purposes of promoting its services, communicating with you, to comply with legal requirements, and to protect its rights. We encourage you to review ActiveCampaign’s Privacy Policy.

OTHER INFORMATION COLLECTED

As you navigate and use the Services, certain information can be passively collected—that is, gathered without the user actively providing the information or being concurrently made aware of the collection of information—using various technologies. We passively collect a variety of types of information in a variety of ways, including:

IP Addresses and Related Data. The servers used to operate and provide the Services may collect data pertaining to you and the equipment, software, and communication methods you use to access the Internet and the Services, including Internet protocol (“IP”) addresses assigned to the computers and other devices from where you access the Internet, your Internet service provider (ISP), device ID numbers and unique identifiers, your media access control (MAC) address, your operating system, your computer screen resolution, your web browser type, the pages you access on the Services, the websites you access before and after visiting the Services, the length of time you spend on the Services, date and time stamps, clickstream data, your approximate geographic location, performance statistics, and usage data. Top Echelon may use this information to administer the Services and its servers, to generate statistical information, to monitor and analyze Services traffic and usage patterns, to monitor and help prevent fraud, to investigate complaints and violations of our policies, and to improve the Services.

We may combine this information with other Collected Information (including personal information) and information obtained from third parties for security reasons and to protect our rights or the rights of others. The suppliers that we use to provide the Services may collect information about your visits to the Services and other websites. Some of this information may be collected using cookies and similar tracking technologies as explained below under “Cookies and Tracking Technologies.”

Analytics. The Services uses third-party analytics tools (e.g., Google Analytics and Hotjar) to collect and process data about your use of the Services, including when you visit the Site(s), URLs of the websites that you visit prior to visiting the Services and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this data and your web browser will automatically send data collected by those cookies to our analytics providers. Our analytics providers use this data to provide us with reports that we will use to improve the Service’s structure and content.

For more information on how Google uses this data, visit Google’s Privacy Policy and Google’s page on How Google uses data when you use our partners’ sites or apps. To prevent this data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each browser you use. Using the Google Analytics Opt-out Browser Add-on will not prevent Top Echelon from using other analytics tools and will not prevent data from being sent to the Services itself or to Google. For more information about how Google Analytics uses cookies to measure user interactions on websites, visit Google Analytics Cookie Usage on Websites. You may disable cookies as discussed below, but that may impact your use and enjoyment of the Site. You may opt out to Hotjar’s creation of a user profile, Hotjar’s storing of data about your usage of the Site, and Hotjar’s use of tracking cookies on other websites by opting out here.

Advertising Networks, Personalized Advertising, Remarketing, & Retargeting. From time to time the Services may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms, including Google Ads and advertising services provided by Facebook (sometimes referred to the Facebook “tracking pixel”). These services collect information about your visits to and interactions with the Services and other websites and will use that information to target advertisements for goods and services and to display those advertisements on other websites. The information collected may be associated with your personal information.

Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of web browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Services and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website.

Through Google Ads, Google uses your Internet searches, cookies, and similar identifiers (e.g., pixel tags) to collect information about your visits to the Services and your interaction with our products and services to generate targeted advertisements to you on other websites that you visit across the Internet.

We may also enable and implement the following Google Analytics Advertising Features on the Site: Remarketing with Analytics, Demographics and Interest reporting, Campaign Manager integration, Display & Video 360 integration, Google Display Network (“GDN”) Impression Reporting, and Segments. Remarketing with Analytics uses Google Analytics cookies to serve advertisements to you across the Internet based on your visits to the Site. Demographics and Interest reporting uses a third-party cookie to collect information about our Site traffic by tracking users across websites and across time, which generates a report for us to better understand Site users. Campaign Manager integration allow us to view, analyze, and create remarketing lists using our Campaign Manager data in Google Analytics. Display & Video 360 integration allows us to create remarketing lists in Google Analytics and have those lists available in Display & Video 360. GDN Impression Reporting allows us to measure the impact of unclicked GDN Display ad impressions on website behavior and conversions. Segments allows us to isolate and analyze subsets of Site users by sorting our Google Analytics data.

To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Site.

If you have a Facebook account but do not wish Facebook to collect data relating to you via the Site, we suggest that you take the steps outlined below under “Social Media.”

To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, please visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Please remember that changing your settings with individual web browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads from time to time. Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.

Facebook. For certain Facebook advertising services that we may use, Facebook Ireland is a Joint Controller (as defined in the GDPR) and that information required under the GDPR related to such processing can be found at https://www.facebook.com/about/privacy. We may work with Facebook and may use their advertising services to measure and improve our ads and marketing efforts, as well as to display more relevant advertising to you. For further information on how Facebook Ireland processes your personal information, including the legal basis, and the ways to exercise your rights, please visit https://www.facebook.com/about/privacy.

Social Media. The Services may allow you to connect to and share information with social media platforms and we may be required to implement cookies, plug-ins, and APIs provided by those social media platforms in order to facilitate those communications and features. We may share information that you provide us or that we may collect about your use of the Services with those platforms and that information will be subject to their privacy policies. We encourage you to review the privacy policy of any social media platform that you use in connection with the Services. In addition, by choosing to use any third-party social media platform or choosing to share content or communications with any social media platform, you allow us to share information with the designated social media platform. We cannot control any policies or terms of such third party platform. As a result, we cannot be responsible for any use or disclosure of your information or content by third-party platforms, which you use at your own risk.

Top Echelon is active on social media. You may have the opportunity to comment on those social media platforms regarding Top Echelon and the products we offer and/or to submit or upload related photographs and other materials. Top Echelon reserves the right to post on the Services, other websites, and social media pages any comments, photographs, or content that you post on our social media pages or provide to us through social media.

Cookies and Tracking Technologies. We use “cookies” on the Services. A cookie is a piece of data stored on a Services visitor’s hard drive by the visitor’s web browser. We use cookies to help us improve your access to the Services (for example, by remembering your contact and other information when you access or use the Services), to identify repeat visitors to the Services, to track how you access and use the Services, to learn when and how users visit the Services, to learn how popular Services pages are and aren’t, to learn which search terms are used to find the Services, to learn which websites direct you to the Services, to help display certain information on the Services, and to improve your enjoyment of the Services.

The Services may use both cookies that we implement, and cookies implemented by our suppliers and other third parties. “First-party” cookies allow your browser to talk to the actual website that you are visiting, whereas “third-party” cookies allow your browser to talk to third-party websites, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider.

Most browsers automatically accept cookies. Browsers generally also allow users to manage cookies in the browser’s settings. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete cookies stored previously. Some browsers also give you the option of being notified every time a cookie is sent to your browser by a website. You can disable or limit cookies but doing so may impact your use and enjoyment of the Services and other websites. For example, the Services may not be able to be personalized for you, may no longer capture or remember your preferences or other choices you have made on the Services in the past, and may not remember your name or contact information.

Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new computer, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file.

Our suppliers may use cookies and tracking technologies, such as pixel tags, to track Services visitors across the Internet to understand how you get to the Services and for the analytics purposes disclosed in this Privacy Policy. We do not have access or control over these cookies and this Privacy Policy does not cover the use of third-party cookies.

The types of information collected by a cookie and the purposes for which that information is used depends on the type of cookie. By way of illustration, the types of cookies used, the types of information collected by those cookies, and the purposes for which that information are used are described below. We may combine information collected by cookies with other Collected Information.

 

• Operationally necessary cookies (also called essential cookies). These are cookies that are required for the operation of the Services. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Services to make use of its functions. Without these cookies, features and services you have requested will not be able to be provided.
• Functional cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Services. This may include to remembering choices you make, for example, remembering your preferences or settings, remembering if you reacted to something on or through the Services so that you are not asked to react to it again, remembering if you have used any feature of the Services before, remembering your username or preferences, remembering if you have used any feature of the Services before, restricting the number of times you are shown a particular advertisement, and enabling social media components. If functional cookies are disabled, various functions of the Services may be unavailable to you or may not work the way you want them to.
• Performance cookies (also called analytical cookies). These cookies assess the performance of the Services, including as part of our analytic practices to help us understand how visitors use and interact with the Services, for example, which pages on our websites users visit most often. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way our websites work and provide a better, personalized user experience.

• Advertising or targeted cookies. These cookies record your visits to the Services, the pages you visit on our websites, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a particular website. Top Echelon and its third-party advertising platforms or networks may use this information to make the Services and its content more relevant to your interests (this is sometimes called “behavioral” or “targeted” advertising and is further discussed above). These cookies are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. To find out more about interest-based ads and your choices, please visit the Digital Advertising Alliance, the Network Advertising Initiative, the Interactive Advertising Bureau (IAB) Europe, https://www.optout.aboutads.info, and https://www.youronlinechoices.com.

A cookie can either be a “session” cookie or a “persistent” cookie. Session cookies exist only for so long as you are visiting the applicable website. Session cookies are typically deleted or removed when you exit or quit your browser application. Persistent cookies exist for a set period of time, for example, six months or one year. Each time you visit a website that has implemented a persistent cookie, that cookie will remain active until its predetermined expiration date. You can also manually delete persistent cookies as discussed above.

 

The Services may also use the following types of tracking technologies: web beacons (also called clear GIFs), flash cookies, and pixels (also called pixel tags). Web beacons are tiny graphics with unique identifiers that functions similar to how cookies function but, in contrast to cookies, web beacons are embedded invisibly on websites. Flash cookies collect and store information about your use of a website and are commonly used for advertisements and videos. Pixel tags can be placed on websites or within emails to track your interactions with those websites and when emails are opened.

 

How We Respond to Do-Not-Track Signals. Due to the automatic collection of data using cookies as described above, we do not honor “do not track” requests. For this reason, your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of information using cookies and other tracking technologies.

 

Embedded Content. The Services incorporates content, including feeds, scripts embedded in the Services’ code, and visible content (e.g., videos), provided by third parties. In some cases, those third parties collect data about how you interact with their content. This Privacy Policy does not apply to or govern such third party’s collection and use of your information. You are responsible for reviewing the terms and privacy policies applicable to such third-party provided content. We encourage you to review all such applicable terms and policies. For example, YouTube may collect or otherwise have access to usage data on videos embedded on the Site as described in YouTube’s Privacy Policy.

Our Services may use YouTube to make content in video format available to you. By accessing a part of the Services where videos are available, watching an embedded video, or otherwise interacting with any content made available through YouTube, you signify your agreement with YouTube’s terms and conditions. YouTube collects and otherwise has access to usage data (e.g., what videos you accessed and watched) through videos embedded in the Services as further described in YouTube’s Privacy Policy. YouTube adheres to Google’s privacy policies and principles, part of which allow you to control certain privacy settings and which data are collected. For more information, please visit https://www.youtube.com/howyoutubeworks/user-settings/privacy/.

 

Our Services may also include Google Maps features and content. Google Maps features and content is subject to the then-current versions of Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.

Information from Other Sources. We may obtain data about Services users from various third-party companies and public sources, whether offline or online (such as publicly available social media profiles), and we may combine that data with Collected Information. This enhances our existing information about our users and customers and improves our ability to contact you and our marketing’s relevancy.

 

HOW WE USE AND SHARE COLLECTED INFORMATION

 

In addition to the uses and sharing described above, Top Echelon and its suppliers may use and disclose Collected Information as described below:

 

Purpose Collected and Communication with You. We will use and share your personal information and other Collected Information for the purpose for which it was collected—including, without limitation, for the performance of a contract or agreement entered or requested by you with Top Echelon—and as otherwise set forth in the “Information You Submit” and “Other Information Collected” sections above. For example, we will use Collected Information to process and communicate with you in connection with your requests for information, to administer your Partner account and Top Echelon business activities, to provide customer support to Services users, and to provide you with information and communications that you request. If you provide us with your telephone number, we may call you in response to your questions or comments. We may also use Collected Information to notify you of changes made to the Services (e.g., changes to this Privacy Policy or to our Terms and Conditions).

 

Artificial Intelligence. Our Services may include artificial intelligence or machine learning components. If you provide us Collected Information to use in our provision of Services to you—depending on which Services you interact with—such Collected Information may be used in conjunction with that artificial intelligence or machine learning component. As noted below, we may use your Collected Information to improve or enhance our Services, which may include, for example, training and enhancing the artificial intelligence or machine learning components of our Services.

 

Promotional Communications. We may use Collected Information to send you promotional communications about Top Echelon and our Services to the extent permitted by applicable law and in accordance with your preferences. In order to provide you with a personalized experience these communications may be tailored to your preferences based on, for example, inferences we make using your visits to the Services or the links you click on in our emails. We will only send you promotional or marketing email communications where you have opt-in or otherwise consented to or accepted such communications. You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions contained in the email, where applicable, or by contacting us using the contact information provided below under “Contact Us.” Note that, even if you opt out of receiving promotional communications from Top Echelon, you may still receive administrative communications from us with respect to your use of the Services.

 

Text Messages. If you opt in to receiving text messages (SMS and MMS) on when prompted, Company may send you autodialed and other text messages at the telephone number you provide relating to your use of the Services. Consenting to receiving text messages is not required to buy goods or services or to otherwise do business with us. Message and data rates may apply. You can opt out from receiving such text messages by responding STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message you receive in our text messaging program, or just texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to the number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed. If you do not receive this confirmatory text message, please contact sales@topechelon.com for help. You may also opt out by emailing us at sales@topechelon.com. We will not share your opt-in status to a text message campaign with any third party for purposes unrelated to providing you with the services of the campaign. We may share your opt-in or consent status with third parties that provide us fraud prevention purposes and that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages. We also use and disclose your information pursuant to a subpoena, court order or other legal process, to establish or exercise our legal rights, or defend against legal claims. Mobile information will not be shared with third parties/affiliates for purposes not described in this Privacy Policy. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties other than as required by law.

 

Sharing with our Suppliers. We may disclose Collected Information to our suppliers and service providers as necessary for us to provide the Services and our products and services to you, to engage in the use and sharing of Collected Information as permitted by this Privacy Policy, the Terms and Conditions, and as may be otherwise required or permitted by applicable law. These third parties include, without limitation, our website and software management and hosting suppliers, support service providers, cloud storage providers, information technology security providers, marketing and public relations service providers, data analytics providers, and email service suppliers. Our suppliers are authorized to and may use and disclose Collected Information as necessary for them to provide the applicable products and services to us and as provided by their own privacy policies.

 

Evaluation and Improvement of the Services. We may use and disclose Collected Information to analyze, develop, and improve the Services, content, materials, and products we provide; to inform marketing and communication plans and strategies; to understand use demographics and preferences; to analyze the effectiveness of the Services; and to evaluate user needs and customize Services content and the user experience. To better understand how users access and use our Services, both on an aggregated an individualized basis, including monitoring, evaluating, and analyzing which features and portions of the Services are most popular; for troubleshooting, for statistical purposes, including, for example, identifying geographic regions of visitors to our Services; evaluating frequently asked questions from visitors; and for other statistical purposes.

 

Data Aggregation. To the extent permitted by applicable law, we may aggregate personal information, user-generated content, and other Collected Information and use that aggregate data for our business purposes. We may use aggregate data to understand Services users’ needs and usage patterns, to determine what kinds of products and Services we can provide, and to improve and enrich our products and Services. We may provide aggregate information to our affiliates, suppliers, and other third parties for these purposes. We may also combine Collected Information with other information in our possession for purposes of using information as described in this Privacy Policy.

 

Lawful Processes, Security & Protection of Rights. We may use and share Collected Information as required or permitted in accordance with subpoenas, court orders, valid law enforcement requests, governmental agency requests, and other legal processes. We may use Collected Information and share it with third parties if we believe doing so is necessary or appropriate to protect our rights or the rights of others, including disclosing information as necessary to protect our operations, to enforce or bring legal action in the event of a violation of our agreements or policies, or to pursue remedies or limit damages that we may sustain.

 

Business Transactions. If Top Echelon undergoes a change in control, acquisition, merger, reorganization, or asset sale (in whole or in part), we may transfer, sell, share, or otherwise disclose Collected Information to the subsequent owner(s) or successor(s) of those transactions. We may also disclose Collected Information in connection with the evaluation of those transactions. Those owner(s), successor(s), and other recipients, as applicable, will be bound by this Privacy Policy as it applies to the information disclosed. Also, if Top Echelon or any of its assets are acquired or if Top Echelon goes out of business, enters bankruptcy, or goes through some other change in control or reorganization, Collected Information may be one of the assets transferred to or acquired by a third party.

 

With Your Consent. With your consent, we may use and share your personal information and other Collected Information in ways not specifically described in this Privacy Policy.

 

Automated Processing. Other than as described in this Privacy Policy, you will not be subject to decisions based on automated information processing without your prior consent.

 

Retention. Top Echelon will retain personal information for as long as it is needed for or otherwise serves the purposes outlined in this Privacy Policy, subject to applicable law. Further, personal information is retained in accordance with our policies and practices, applicable law, and contractual obligations.

 

Personal information collected for the purposes related to the performance of a contract or agreement between you and Top Echelon will be retained until such contract or agreement has been fully performed. We may be required to retain personal information for a longer period of time where required to do so under applicable law or government order.

 

ADDITIONAL INFORMATION FOR INDIVIDUALS LOCATED IN THE EEA

 

Rights. To the extent the European Union’s General Data Protection Regulation or other law granting particular rights to data subjects applies to you (including, without limitation, those located in the United Kingdom) and subject to all applicable exceptions and exemptions granted under such applicable laws, you may have the following rights with regard to our processing of your personal information:

 

• Right to Access, Correct and Delete Your Personal Information: We will use reasonable measures designed to ensure that all personal information is accurate and up to date. You also have a responsibility to ensure that changes in your personal information are notified to Top Echelon so we can ensure your personal information is up to date. You have the right to request access to any of your personal information that we hold and to request correction of any inaccurate personal information relating to you that we hold. You furthermore have the right to request deletion of personal information we hold about you.
• Right to Withdraw Consent: In the event your personal information is processed on the basis of your consent, you have the right to withdraw consent at any time with effect for the future.
• Data Portability: To the extent that we use your personal information on the basis of consent or for the performance of a contract, and that personal information is processed by automatic means, you have the right to receive all such personal information about you from Top Echelon in a structured, commonly used and machine-readable format, and also to require us to transmit it to another data controller where this is technically feasible.
• Right to Restrict Personal Information Use and Right to Object: You have the right to restrict our use of your personal information where (i) you contest the accuracy of the personal information; (ii) the use is unlawful but you do not want us to erase the personal information; (iii) we no longer need the personal information for the relevant purposes, but you require it for the establishment, exercise or defense of legal claims; or (iv) you have objected to our personal information use justified on our legitimate interests pending verification as to whether Top Echelon has compelling interests to continue the relevant personal information use.
• Lodge a Complaint: You also have the right to lodge a complaint with a supervisory authority, in particular in your country of residence, if you consider that the collection and use of your personal information violates this Privacy Policy or applicable law.

Legal Bases We Rely on When Processing Personal Information. To the extent the European Union’s General Data Protection Regulation or other similar law applies to you (including, without limitation, those located in the United Kingdom) and is applicable to Top Echelon, we process your personal information for the purposes set forth in this Privacy Policy under the following legal bases (as applicable):

 

• Our Contract With You: Our processing is necessary to perform our obligations under a contract with you or to perform steps requested by you prior to entering into a contract with you: (e.g., to verify the information you have provided to us).
• Our Legitimate Interests: Our processing is necessary for our legitimate interests, including to protect the security of our Services; to protect the health and safety of you or others; to establish, protect and defend our legal rights and interests; to prevent fraud and verify identity and authorization of clients; to understand and analyze usage trends; and to improve our products and Services.
• Legal Compliance: Where our processing is required to comply with applicable law (for example, to maintain your payment transaction history for tax reporting purposes) e.g., in response to subpoenas, court orders and other lawful requests by regulators, courts and law enforcement agencies, or related to national security requests.
• Your Consent: When we have your express consent as defined by applicable law.

ADDITIONAL INFORMATION FOR CERTAIN U.S. RESIDENTS

Certain U.S. states require additional disclosures and provide users residing in such U.S. states with additional choices and rights. This section of the Privacy Policy only applies to individuals located in such U.S. states and where such U.S. state data protection laws apply to our processing of your personal information.

Collection. Consistent with, and in addition to, the “Information You Submit” and “Other Information Collected” sections of the Privacy Policy above, we collect the following types of categories of personal information:

Personal Information	We collect the following subcategories of personal information:	We collect such personal information for the following purposes (consistent with and in addition to the purposes set forth in “How We Use and Share Collected Information” section above):
Identifiers	Consistent with and in addition to the information set forth in the “Information You Submit” section above:   First and last name, physical address, telephone number, cellphone number, email address, login credentials.	Performing the Services, including, without limitation, providing customer services, verifying user information, facilitating access to the Services, processing payments.   Communicating with users who have requested support, information, or services.   To send you promotional communications about Top Echelon and our Services, to the extent permitted by law.
Characteristics of protected classifications under California or federal law	N/A	N/A
Internet or other electronic network activity information	Consistent with and in addition to the “Other Information Collected” section above: IP addresses, log files, login information, and cookies and device information (e.g. online activity such as date and time of accessing our websites, website addresses accessed, the length of website visit).	Analytical purposes, including, without limitation, to help us improve your access to the Services (for example, by remembering your contact and other information when you access or use the Services), to identify repeat visitors to the Services, to track how you access and use the Services, to learn when and how users visit the Services, to learn how popular Services pages are and aren’t, to learn which search terms are used to find the Services, to learn which websites direct you to the Services, to help display certain information on the Services, and to improve your enjoyment of the Services.   To administer the Services and its servers, to generate statistical information, to monitor and analyze Services traffic and usage patterns, to monitor and help prevent fraud, to investigate complaints and violations of our policies, and to improve the Services.
Approximate Geolocation	Physical address; work / business address, state, region, etc.	To communicate with you and send you information about the Services or to respond to your request for information or Services.   To send you promotional communications about Top Echelon and our Services, to the extent permitted by law.
Professional or employment-related information	Business contact information, including, but not limited to, job title, place of employment, business phone number, business address, etc.	Performing the Services, including, without limitation, providing customer services, verifying user information, facilitating access to the Services, processing payments.   Communicating with users who have requested support, information, or services.   To send you promotional communications about Top Echelon and our Services, to the extent permitted by law.
Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information	Photos and videos you upload to the Services	Performing the Services.
Inferences	Preferences, behaviors, characteristics, and similar information inferred from the above categories of information.	Performing the Services, including, without limitation, providing customer services, verifying user information, facilitating access to the Services, processing payments.   Communicating with users who have requested support, information, or services.   To send you promotional communications about Top Echelon and our Services, to the extent permitted by law.

We do not collect sensitive personal information (as that term may be defined under applicable law). If that changes and we do being to collect and otherwise process sensitive personal information, we will (1) update this Privacy Policy to reflect that fact; and (2) where required under applicable law, obtain your prior consent and/or provide you the right to limit our processing of sensitive personal data.

Purposes. We collect personal information for the business and commercial purposes set forth under the “How We Use and Share Collected Information” section above as further expanded on in the above table.

Sources. Consistent with the Privacy Policy above, we collect certain categories of personal data directly from you and, in some circumstances, third parties. The categories of sources that we collect personal data from in the prior 12 months includes the following:

 

• Top Echelon’s third party service, support, and marketing providers;
• Online advertising networks;
• Third party websites and mobile applicable (e.g., websites that share information with us or our advertising partners);
• Social media companies;
• Our Sites; and
• Your communications with us.

Disclosures to Third Parties. We do not sell your personal information to third parties, nor do we share your information for purposes of cross-contextual behavioral advertising as each may be defined under applicable law. Further, we do not use your personal information to profile you in furtherance of decisions that produce legal or significantly similar effects (as may be defined under applicable law). In the event we do undertake the foregoing activities, this Privacy Policy will be updated to reflect that fact.

 

Pursuant to and consistent with the purposes for collecting your information as set forth in this Privacy Policy we disclose certain categories of personal data to third parties who are considered “service providers” or “processors” under applicable law. The categories of personal information we disclose include, include without limitation:

 

• Identifiers: including but not limited to name, telephone number, address, age, email address, or date of birth;
• Commercial Information: including but not limited to financial account information, payment card information, your employer, and your billing information;
• Internet or other electronic network activity information: including but not limited to computer and connection information, IP address, and cookies and other tracking technologies described further above; and
• Inferences: drawn from the above categories of personal information.

As described in this Privacy Policy above, applicable business purposes for such disclosures include, without limitation, product and service fulfillment, internal operations, prevention of fraud and other harm, and legal compliance.

 

The categories of third party service providers to which we may share the above categories of information, include, without limitation, payment processing companies, data analytics providers, fraud prevention providers, cloud storage providers, IT service providers, delivery partners, and marketing companies.

Rights. Applicable laws in your jurisdiction may grant you certain rights—subject to all applicable limitations, exemptions, or exceptions—regarding our collection and use of your personal information. These rights include, to the extent applicable and to the extent granted under applicable law:

 

• The right to confirm whether personal information about you is processed and to access such personal information;
• The right to request the disclosures of (1) what personal information has been collected; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for collection or selling personal information; (4) the categories of third parties with whom we share personal information; and (5) the specific pieces of personal information we have collected about you;
• The right to request the deletion of your personal information that we have collected;
• The right to request the correction of your personal information that we collected;
• The right to not be discriminated against due to your exercise of your rights under applicable law. We do not discriminate against users for exercising the rights granted to them under applicable law.

 

The above rights are only exercisable by you where applicable law in the jurisdiction in which you reside actually grant you the right being exerted. You may also have a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. To exercise the rights described herein (only to the extent applicable), you may submit a verifiable request to us by through the methods set forth under the “Exercise Your Rights” section below.

We do not sell your personal information to third parties, nor do we share your information for purposes of cross-contextual behavioral advertising as each may be defined under applicable law. Further, we do not use your personal information to profile you in furtherance of decisions that produce legal or significantly similar effects (as may be defined under applicable law). In the event we do undertake the foregoing activities, this Privacy Policy will be updated to reflect that fact.

ADDITIONAL INFORMATION REQUIRED FOR CANADIAN RESIDENTS:

 

The following section of this Privacy Policy only applies to Canadian residents. Under various Canadian laws and regulations, you have certain rights in regard to our collection of personal information. These rights include:

 

• The right to request access to your personal information;
• The right to request corrections to your personal information;
• The right to lodge a complaint with the Office of the Privacy Commissioner of Canada and/or the applicable Canadian provincial regulatory body if you consider that the collection and use of your personal information violates this Privacy Policy or applicable law.

 

The above rights are only exercisable by you where applicable law in the jurisdiction in which you reside actually grant you the right being exerted.

 

EXERCISE YOUR RIGHTS

If this Privacy Policy expressly stated above that you have certain rights or applicable law grants you certain rights as it relates to this Privacy Policy and Collected Information, you may submit a verifiable request to us by either contacting us via the methods provided in the “Contact Us” section below or by emailing security@topechelon.com or calling 888.627.3678 or by visiting https://docs.google.com/forms/d/e/1FAIpQLSdq_K2EWgu1pAHuIMitnaB3eEVNJKN0yT4ojLhQTkxPIT2qMA/viewform.

Only you or a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. Top Echelon has the right to verify any request and to confirm that applicable law grants you the right(s) requested, regardless of if the request is submitted by you or your registered agent. Without limiting the foregoing, the verifiable consumer request must:

 

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will respond to your request within the applicable timeframe required under applicable law. If we deny your request, you can appeal such denial by contacting use at the information provided in the “Contact Us” section below.

 

ACCURACY AND SECURITY

Personal data you provide to us should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up to date.

 

We have in place reasonable and appropriate technical, physical, and organizational procedures and security measures designed to safeguard and secure personal information from unauthorized loss, alteration, access, disclosure, and processing, taking into account the cost of implementing such measures commensurate with the risks posed by the particular type of processing, the nature of the personal information, and in accordance with applicable law. We value your trust in providing us your information; however, no method of transmission over the Internet, or method of electronic storage is 100% secure and reliable. We cannot guarantee the security of Collected Information.

 

We limit access to our systems that hold personal information to authorized personnel and such access is limited to those personnel who have a need to know such information for the purpose of performing their job function or as otherwise permitted under this Privacy Policy.

 

CHILDREN

The Services is not directed at children under 16 years of age. Top Echelon does not knowingly collect or use information from children under 16 through the Services.

 

THIRD PARTY WEBSITES

The Services may link to, or be linked to, websites, or services not maintained or controlled by Top Echelon. Top Echelon is not responsible for the privacy policies or practices of any third parties or any third-party websites, applications, or services. This Privacy Policy does not apply to any third-party websites, applications, or services or to any personal or other information that you may provide to third parties. You encourage you to read the privacy policy for each website, application, and service that you visit or use.

 

CROSS-BORDER TRANSFER

Due to the fact our business is international, we have centralized elements of our business and our processing of Collected Information, including, without limitation, personal information. Accordingly, where we are permitted to do so under applicable law, we may transfer your personal information outside of the nation where you reside. Where required by applicable law, your prior consent will be obtained for such transfers, or we have ensured that your personal information included in such a transfer is adequately protect through the use of contractual clauses or other adequate measures allowed under such applicable law.

 

CONTACT US

If you have any questions about this Privacy Policy or our collection, use, or disclosure of information, please contact us via telephone at 888.627.3678, via mail at 4565 Dressler Rd. NW, Suite 213, Canton, OH 44718, or via email at support@topechelon.com.