Welcome to www.toptech.com (the “Site”), a website provided by Toptech Systems, Inc., a global company dedicated to streamlining data management and bringing efficiencies from the load rack to the back office through presets and automation software, (“Toptech”). Toptech respects your privacy, and this policy covers Toptech’s handling, use and disclosure of information collected from you through the Site, your use of software products licensed from Toptech (“Software”) or other sources in the ordinary course of Toptech’s business.
2. Privacy Shield
Some of the information collected by Toptech may originate in the European Union or Switzerland. The Unites States, the European Union and Switzerland have adopted requirements for the protection of certain information, and in order to satisfy such requirements, Toptech complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland, as applicable, to the United States. Toptech has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. For purposes of enforcing compliance with the Privacy Shield, Toptech is subject to the investigatory and enforcement authority of the U.S. FederalTrade Commission, which can impose sanctions consisting of administrative orders and civil penalties. For more information regarding the Privacy Shield, please see the U.S. Department of Commerce’s website at http://privacyshield.gov and Toptech’s self-certification at https://www.privacyshield.gov/list .
In this policy:
(b) “Collected Information” means all Personal Information (including, but not limited to, name, e-mail address, home address, phone number, opinions, social security number, employer’s name, occupation, title and driver’s license number), and Non-Personal Information (including, but not limited to, analytical and commercial information), collected by Toptech, whether electronically or manually, through (i) the Site, (ii) any Software, (iii) e-mail messages and other electronic communications that you may send to Toptech and (iv) other sources in the ordinary course of Toptech’s business;
(c) “Non-Personal Information” means all information that is not Personal Information;
(d) “Personal Information” means all information that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, any such information relating to employees of Toptech residing in the United States);
(e) “Sensitive Information” means all Shield Information of an individual that specifies (i) medical or health conditions, (ii) racial or ethnic origins, (iii) political opinions, (iv) religious or philosophical beliefs, (v) trade union membership or (vi) the sex life of such individual; and
(f) “Shield Information” means all Personal Information collected by Toptech that originates in the European Union or Switzerland and that is covered by the Privacy Shield.
4. Collected Information
No Collected Information is obtained from you, unless it is voluntarily provided, except for any Collected Information obtained automatically through the Site as set forth in this policy or any Software in connection with its intended functionality. Regardless of the method used to obtain Collected Information, Toptech will retain such Collected Information in its primary and backup files only to an extent that is consistent with the purposes for which it was provided, and except for Shield Information, for Toptech’s other legitimate business purposes (including, but not limited to, marketing). You are responsible for obtaining any approvals, authorizations, consents and permissions that are required in connection with your providing Toptech with any information (including, but not limited to, any information relating to a third party). Toptech does not collect any human resource data that is Shield Information.
You may refuse to provide any information to Toptech at any time by terminating your use of the Site and all Software, or in all other cases not involving use of the Site or any Software, by notifying Toptech as set forth in Section 20. If you refuse to provide any information when requested to do so by Toptech, the Site or any Software, you may not be able to access, or otherwise enjoy the benefits of, certain services from Toptech, features of the Site or functionality of such Software.
6. Electronic Communications
Whether or not you have previously sent Toptech an e-mail message, you consent to Toptech’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site or any Software, (b) in the ordinary course of business or (c) for any other legitimate business purpose (including, but not limited to, marketing). Since Toptech endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting Toptech as set forth in Section 21 or by following the directions contained in such e-mail messages or other electronic communications.
7. Analytical Information
When you access the Site or use any Software that is licensed as “software as a service” or otherwise hosted by Toptech, Toptech will collect Analytical Information. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing, cookies, you may not be able to enjoy some features of the Site or functionality of any Software.
Analytical Information will only be used by Toptech (a) to record your use of the Site or any Software, (b) to diagnose problems with the Site or any Software, (c) to improve the Site or any Software and make the Site or such Software, as applicable, more useful to you and other users, and (d) for other legitimate business purposes of Toptech (including, but not limited to, marketing). Toptech will collect Analytical Information either directly or by third parties acting on its behalf.
8. Sensitive Information
Any provision of this policy to the contrary notwithstanding, if Toptech collects any Sensitive Information from you, Toptech will obtain your affirmative express consent (i.e. you must “opt in”) before such Sensitive Information is (a) disclosed to a third party or (b) used for a purpose other than the purposes for which such Sensitive Information was originally collected or subsequently authorized by such individual through the exercise of an “opt-in” choice. Toptech will also treat as Sensitive Information any Personal Information of an individual received from a third party if the third party identifies it in writing to Toptech, and treats it, as sensitive.
All Collected Information is controlled by Toptech at 1124 Florida Central Parkway, Longwood, Florida 32750, and on servers located at an off-site data center in Northern Virginia. Toptech may transfer Collected Information to a third-party controller so long as, in the case of Shield Information only, (a) Toptech provides you with notice of such transfer or this Section is amended to reflect such transfer pursuant to Section 19 and Toptech complies with the choice principles of the Privacy Shield, and (b) Toptech enters into an agreement with such third party that provides that (i) Shield Information may only be processed for limited specified purposes consistent with the consent provided by you, (ii) any such third party will provide the same level of protection as the Privacy Shield, (iii) such third party will notify Toptech if it makes a determination that it can no longer meet its obligation to do so and (iv) when such a determination is made, such third party must cease processing Shield Information or takes other commercially reasonable steps to remediate such third party’s inability to meet such obligation.
Except as provided in the immediately following sentence, Toptech will use commercially reasonable efforts to protect Collected Information from loss, misuse and unauthorized access, alteration, destruction and disclosure. Certain Collected Information posted by you on the Site may be accessible to the general public, and Toptech is not responsible for protecting such Collected Information from loss, misuse or unauthorized access, alteration, destruction or disclosure. For example, if you participate in a public forum on the Site, any information disclosed by you when doing so will be available to the general public. Also, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost, misused or accessed, altered, destroyed or disclosed without authorization, even if Toptech uses such reasonable efforts. In providing information to Toptech, you must assume the risk that Collected Information could be lost, misused or accessed, altered, destroyed or disclosed without authorization.
11. Use and Transfer of Collected Information
All Collected Information may be used by Toptech for any legitimate business purpose (including, but not limited to, creating statistical benchmarks and marketing) so long as, in the case of Shield Information only, such purpose (a) is not incompatible with the purpose for which Shield Information has been collected or (b) has been subsequently authorized by you. If Toptech expressly states in this policy or in a writing that any Collected Information will only be used for a specific purpose, Toptech will only use it for such purpose, unless you subsequently consent to its being used for another purpose.
Any Collected Information obtained by Toptech, whether or not for a specific purpose, may be disclosed to third parties retained by Toptech (including, but not limited to, any distributors, sub-contractors or vendors of Toptech) for any purposes for which Toptech could use such Collected Information if, in the case of Shield Information only, (a) such third party’s right to use Shield Information is limited to such purposes, (b) such third party is obligated to provide at least the same level of privacy protection as is required by the Privacy Shield, (c) Toptech takes commercially reasonable steps to ensure that such third party effectively processes Shield Information in a manner consistent with Toptech’s obligations under the Privacy Shield, (d) such third party is required to notify Toptech if such third party makes a determination that it can no longer meet its obligation to provide the same level of privacy protection as is required under the Privacy Shield, (e) upon such notice, Toptech must take commercially reasonable steps to stop and remediate unauthorized processing of Shield Information, and (f) upon the request of the U.S. Department of Commerce (or its designee), Toptech must provide a summary or representative copy of the relevant privacy provisions of its agreements with such third party. In cases of onward transfers to third parties of Shield Information, Toptech is potentially liable for the failure of such third party to comply with the Privacy Shield.
Certain Collected Information that is obtained by Toptech through any Software and that is not Personal Information may be (a) disclosed to clients or customers of Toptech and (b) used by such clients or customers for their business purposes. Toptech has no control over how such clients or customers use any such Collected Information received from Toptech and is not responsible for such use.
Toptech may also at any time, in its sole discretion, disclose and use any Collected Information (including, but not limited to, a computer’s Internet protocol addresses), whether or not you furnished such Collected Information for a specific purpose, to (a) comply with, or as permitted by, any applicable law or government request, including to meet national security and law enforcement requirements (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (c) protect the rights, property or legitimate business interests of Toptech or a third party, or (d) transfer such Collected Information to a third party purchasing all, or substantially all, of Toptech’s assets. If Collected Information is so transferred, Toptech will have no responsibility for any action of the third party to whom or which such Collected Information is transferred.
12. Third-Party Sites
Toptech does not warrant or represent that any Collected Information will be accurate or errorfree. Upon your request, you will be granted access to your Shield Information in the possession, or under the control, of Toptech solely for the purpose of correcting or deleting any Shield Information that is inaccurate or has been processed in violation of the Privacy Shield, except where the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. If you desire access to any Shield Information, you must contact Toptech in writing as set forth in Section 21.
14. Applicable Law
This policy shall be governed by, and construed and interpreted in accordance with, (a) the laws of the state of Florida, without regard to principles of conflict of laws, and in the case of Shield Information, (b) the Privacy Shield. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law or the Privacy Shield, the latter shall control.
Any complaint by you regarding any Collected Information, or otherwise relating to this policy, except for any complaint regarding Shield Information, must first be submitted to Toptech as set forth in Section 21, and Toptech must be given a reasonable opportunity of not less than 30 days to investigate and respond to your complaint. Upon Toptech’s completing such investigation and so responding, Toptech and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 30 days, (a) you may commence litigation against Toptech in connection with the unresolved portion of your complaint only in a court located in Seminole County, Florida, and having subject matter jurisdiction over your complaint, and (b) you consent to any such court’s being, and waive any objection (including, but not limited to, any such objection based on inconvenience) to such court’s not being, a proper venue for your complaint.
16. Independent Recourse Mechanism
If you have a complaint that relates to any Shield Information, Toptech offers an independent recourse mechanism to resolve your complaint, which is more fully described at http://privacyshield.gov. Any complaint regarding Shield Information must first be submitted to Toptech as set forth in Section 21. Toptech must be given a reasonable opportunity (up to 45 days) to investigate and respond to your complaint. If any aspect of your complaint remains unresolved after this time, Toptech has committed to refer unresolved Privacy Shield complaints to the BBB EU Privacy Shield, an alternative dispute resolution provider operating in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint within the above time frame, please contact or visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information or to file a complaint. The services of the BBB EU Privacy Shield will be provided at no cost to you. If all other options available to you for resolving a Privacy Shield complaint are unsuccessful, and upon satisfaction of certain other conditions, you can lodge your complaint with the Privacy Shield Panel, which is an “arbitration mechanism” of three neutral arbitrators. Any decision of the Privacy Shield Panel is binding and enforceable in courts of the United States.
17. Entire Agreement
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
Toptech may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with the Privacy Shield. Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by Toptech after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy.
Except as provided in this policy or in the Privacy Shield or other applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with your enforcing your rights under this policy.
21. Additional Information
If you have any questions or complaints, or desire additional information, regarding Toptech’s handling of any Collected Information or otherwise relating to this policy, please promptly contact:
Toptech Systems, Inc.
Attn: Director of Finance
1124 Florida Central Parkway
Longwood, Florida 32750
Effective Date: September 22, 2017