Welcome to www.toptech.com (the “Site”), a website provided by Toptech Systems, Inc. (“Toptech”). Toptech respects your privacy, and this policy covers Toptech’s handling 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.
1. Personal Information
In this policy, (a) “personal information” means any 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), and (b) “non-personal information” means any information that is not personal information. 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 personal information or non-personal information of a third party).
You should review this policy carefully, and be sure you understand it, prior to using the Site or any Software, or otherwise providing any information to Toptech. Your use of the Site or any Software, or your otherwise providing any information to Toptech, is deemed to be irrevocable acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, the Site or such Software, as applicable, and not otherwise provide any information to Toptech. For purposes of this policy, accessing the Site only to review this policy is not deemed to be use of the Site.
In connection with collecting, disclosing, using and retaining certain personal information, Toptech has certified to its compliance with (a) the U.S.-E.U. Safe Harbor Framework, including its safe harbor privacy principles and 15 “frequently asked questions,” regarding personal information from European Union member countries (the “E.U. Framework”) and (b) the U.S.-Swiss Safe Harbor Framework, including its safe harbor privacy principles and 15 “frequently asked questions,” regarding personal information from Switzerland (the “Swiss Framework”). The safe harbor privacy principles of both the E.U. Framework and the Swiss Framework cover, with respect to all applicable personal information, notice, choice, onward transfer, security, data integrity, access and enforcement. Toptech’s certifications of compliance with the E.U. Framework and the Swiss Framework can be found at https://safeharbor.export.gov/list.aspx. For more information regarding the E.U. Framework and the Swiss Framework, please see the U.S. Department of Commerce’s website at http://export.gov/safeharbor/.
Toptech may collect from you 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, commercial data), electronically and manually, through the Site, any Software and other sources in the ordinary course of Toptech’s business (collectively “Collected Data”). For example, Collected Data may include personal information and non-personal information collected by Toptech through (a) the Site when you complete an on-line survey or a form in connection with your making a request of Toptech, or (b) any Software in connection with its intended functionality. No Collected Data is obtained from you, unless it is voluntarily provided, except for any Collected Data 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 Data, Toptech will retain such Collected Data in its primary and backup files only to an extent that is consistent with the purposes for which it was provided and for Toptech’s other legitimate business purposes (including, but not limited to, marketing).
You may refuse to provide personal information or non-personal 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 19. If you refuse to provide personal information or non-personal information when requested to do so by Toptech, any Software or the Site, you may not be able to access, or otherwise enjoy the benefits of, certain services from Toptech, functionality of such Software or features of the Site.
All Collected Data is controlled by Toptech at 1124 Florida Central Parkway, Longwood, Florida 32750, and on servers located at an off-site data center in Kissimmee, Florida. All complaints, questions and requests for additional information regarding Toptech’s handling of such information, or otherwise relating to this policy, should be promptly sent to Toptech as set forth in Section 19.
Toptech will comply with all laws relating to Collected Data (including, but not limited to, the Children’s Online Privacy Protection Act) that are applicable to Toptech. Without limiting the generality of the immediately preceding sentence, while the Site is not intended for children, if a parent or guardian of a minor who is under 13 years of age discovers that the minor’s personal information has been submitted to Toptech through the Site without the parent’s or guardian’s consent, Toptech will use commercially reasonable efforts to remove such personal information from the Site and Toptech’s servers at the parent’s or guardian’s request. To request the removal of personal information of a minor who is under 13 years of age, a parent or guardian must contact Toptech as set forth in Section 19, and provide all information requested by Toptech to assist it in identifying the information to be so removed.
Except as provided in the immediately following sentence, Toptech will use commercially reasonable efforts to protect Collected Data from unauthorized access, disclosure and use. Certain Collected Data posted by you on the Site may be accessible to the general public, and Toptech is not responsible for protecting such Collected Data from unauthorized access, disclosure or use. For example, if you participate in any public forum on the Site, any personal information or non-personal 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 Data could be accessed, disclosed or used without authorization, even if Toptech uses such reasonable efforts. In providing personal information or non-personal information to Toptech, you must assume the risk that unauthorized access, disclosure and use of such information could occur.
8. Use and Disclosure
All Collected Data may be used by Toptech for any legitimate business purpose (including, but not limited to, creating statistical benchmarks and marketing), unless expressly stated otherwise in this policy. If Toptech expressly states in writing that any Collected Data 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 Data 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 Data. While any Collected Data is in the possession of such third parties, Toptech will be responsible for such third parties’ disclosing and using such Collected Data information in accordance with this policy. At the same time, certain Collected Data that is obtained by Toptech through any Software and that is not personal information may be (a) disclosed to clients of Toptech and (b) used by such clients for their business purposes. Toptech has no control over how such clients use any such Collected Data 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 Data (including, but not limited to, a computer’s Internet protocol addresses), whether or not you furnished such Collected Data for a specific purpose, to (a) comply with, or as permitted by, any applicable law or government request, (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 Data to a third party purchasing all, or substantially all, of Toptech’s assets.
9. Analytical Data
Analytical Data will only be used by Toptech (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make it 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 Data either directly or by third parties acting on its behalf.
10. Third-Party Sites
11. Electronic Communications
You may from time to time send Toptech an e-mail message in connection with your use of the Site or any Software, or in the ordinary course of business. If you do, Collected Data includes your e-mail address and the contents of your message. Your e-mail address and the contents of your message will be used by Toptech to respond to you, to send you follow-up messages, and for other legitimate business purposes (including, but not limited to, marketing).
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 19 or by following the directions contained in such e-mail messages or other electronic communications.
Toptech does not warrant or represent that any Collected Data will be accurate or error-free. Upon your request, you will be granted access to your personal information in the possession, or under the control, of Toptech solely for the purpose of correcting or deleting any such information that is inaccurate, except where the burden of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. You must contact Toptech in writing for this purpose as set forth in Section 19.
13. 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, (b) the E.U. Framework and (c) the Swiss Framework. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the E.U. Framework or the Swiss Framework, the latter shall control.
Any complaint by you regarding any Collected Data or otherwise relating to this policy, whether or not covered by the E.U. Framework or the Swiss Framework, must first be submitted to Toptech as set forth in Section 19, and Toptech must be given a reasonable opportunity 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. Subject to the last sentence of this Section, if any aspect of your complaint remains unresolved after a reasonable period of time, (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. If any aspect of your complaint remains unresolved after a reasonable period of time, and your complaint relates to personal information covered by the E.U. Framework or the Swiss Framework, you may follow the procedure set forth in Section 15 in lieu of such litigation.
15. Independent Recourse Mechanism
If Toptech and you are unsuccessful at resolving your complaint pursuant to Section 14, and your complaint relates to personal information covered by the E.U. Framework or the Swiss Framework, Toptech offers an additional independent recourse mechanism to resolve your complaint. In order toaccess the independent recourse mechanism,you must file a complaint with the BBB EU Safe Harbor, which is operated by the Council of Better Business Bureaus, Inc., (“BBB”) at http://www.bbb.org/us/european-dispute-resolution/consumer/. After receiving your complaint, BBB will resolve the dispute between you and Toptech by following the BBB EU Safe Harbor Rules, which are located at http://www.bbb.org/us/european-dispute-resolution/rules/. Also, to the extent any aspect of your complaint relates to any “organization human resource data” that is covered by the E.U. Framework or the Swiss Framework, Toptech will cooperate and comply with the data protection authorities of the European Union and Switzerland, as applicable, in connection with the resolution of such aspect of your complaint.
Toptech may also be subject to the jurisdiction of the Federal Trade Commission, which can impose sanctions consisting of administrative orders and civil penalties, for non-compliance with the E.U. Framework or the Swiss Framework.
16. 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. Any such revision will take effect immediately upon such posting, and will apply to all Collected Data obtained by Toptech after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy.
19. Additional Information
If you have any questions or complaints, or desire additional information, regarding Toptech’s handling of any Collected Data or otherwise relating to this policy, please promptly contact:
Toptech Systems, Inc.
Attn: Director of Finance
1124 Florida Central Parkway
Longwood, Florida 32750