Privacy Policy
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 your 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 [insert email contact] for help. You may also opt out
by emailing us at [insert email contact]. 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 First and last name, physical address, telephone number, cellphone number, email |
Performing the Services, including, without limitation, providing Communicating with users who have requested support, information, or services. To send you promotional communications about Top Echelon and our Services, to |
| 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 To administer the Services and its servers, to generate statistical information, |
| Approximate Geolocation | Physical address; work / business address, state, region, etc. |
To communicate with you and send you information about the Services or to To send you promotional communications about Top Echelon and our Services, to |
| 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 Communicating with users who have requested support, information, or services. To send you promotional communications about Top Echelon and our Services, to |
| 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 Communicating with users who have requested support, information, or services. To send you promotional communications about Top Echelon and our Services, to |
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 4883 Dressler Rd. NW, Ste. 100, Canton, OH 44718, or via email at
support@topechelon.com.