Effective on 25 May 2018
Your Privacy Matters
The mission of TDA is to provide a transparent and open way for organizations and digital agencies to meet. Central to this mission is our commitment to be transparent about the data we collect about you, how it is used and with whom it is shared.
Our registered users (“Members”) share information about their professional businesses and services, engage with other Members, exchange knowledge and professional insights, post and view relevant content and find business opportunities. Content and data on some of our Services is viewable to non-members (“Visitors”).
We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.
Data Controller and Contracting Parties
Top Digital Agency INC (“TDA Corporation”) will be the controller of your personal data provided to, or collected by or for, or processed in connection with, our Services.
Top Digital j.d.o.o (“TDA Croatia”) will be the main processor of your personal data provided to, or collected by or for, or processed in connection with our Services.
You are entering into the User Agreement with TDA Corporation and TDA Croatia.
1. Data We Collect
1.1 Data You Provide To Us
You provide data to create an account with us.
To create an account you need to provide data including your business name, contact email address and a password. If you register for a premium Service, you will need to provide payment and billing information.
You create your TDA profile (a complete profile helps you get the most from our Services).
You have choices about the information on your profile, such as your business experience, case studies, skills, photos, locations and reviews. You don’t have to provide additional information on your profile; however, profile information helps you to get more from our Services, including helping other organizations and business opportunities find you. It’s your choice whether to include sensitive information on your profile and to make that sensitive information public. Please do not post or add personal data to your profile that you would not want to be publicly available.
You give other data to us.
Posting and Uploading
We collect data from you when you provide, post or upload it to our Services, such as when you fill out a form, pitch to a TDA RFP, or submit a case study review.
You don’t have to post or upload data; though if you don’t, it may limit your ability to grow and use our Services.
1.2 Data From Others
Others may post or write about you.
Content and News
You and others may post content that includes information about you (as part of articles, case studies or blogs) on our Services. We also receive data about you when you create or respond to TDA RFPs on our system. We also receive data about you when you submit case study or reference reviews from your clients.
1.3 Service Use
We log your visits and use of our Services.
We log usage data when you visit or otherwise use our Services, including our sites and platform technology (e.g., our off-site plugins), such as when you view or click on content or ads (on or off our sites), perform a search or create or respond to a TDA RFP. We use log-ins, cookies and internet protocol (“IP”) addresses to identify you and log your use.
1.4 Cookies, Web Beacons and Other Similar Technologies
We collect data through cookies and similar technologies.
1.5 Your Device and Location
We receive data from your devices, including location data.
When you visit or leave our Services (including our plugins or cookies or similar technology on the sites of others), we receive the URL of both the site you came from and the one you go to next. We also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or your mobile carrier.
1.6 TDA RFPs
If you communicate through our Services, we learn about that.
We collect information about you when you send, receive, or engage with messages in connection with our Services. For example, if you create or respond to a TDA RFP, we track whether you have acted on it and will send you reminders.
1.7 Sites and Services of Others
We get data when you visit sites that include our plugins, ads or cookies or log-in to others’ services with your TDA account.
We receive information about your visits and interaction with services provided by others when you log-in with TDA or visit others’ services that include our plugins, ads, cookies or similar technologies.
We are improving our Services, which means we get new data and create new ways to use data.
2. How We Use Your Data
We use your data to provide, support, personalize and develop our Services.
How we use your personal data will depend on which Services you use, how you use those Services and the choices you make in your settings. We use the data that we have about you to provide and personalize, including with the help of automated systems and inferences we make, our Services (including ads) so that they can be more relevant and useful to you and others.
Our Services help you connect with other businesses, find and be found for business opportunities and stay informed. We use your data to authorize access to our Services.
Find Business Partners
Our Services allow you to find business partners, clients, and other professional contacts. We will use data about you (such as your profile) to help others find your profile, suggest TDA RFPs for you and other Services.
It is your choice whether to approach an organization found through our Services or to create or apply for a TDA RFP. When you make or respond to a TDA Pitch, this action will include such information as you provide.
Our Services allow you to stay informed about news, events and ideas regarding professional topics you care about, and from professionals you respect. We use the data we have about you (e.g., data you provide, data we collect from your engagement with our Services and inferences we make from the data we have about you), to provide relevant content on our Services and to make suggestions about how to find the best partner for your business on our platform.
2.2 Premium Services
Our premium Services allow paying users to build out their profiles, display TDA Badges, search for other Members through our Services, and create or respond to TDA RFPs.
We sell premium Services that provide our customers and subscribers customized-search functionality and tools (including access to TDA RFP) as part of our business solutions. Customers can export limited information from your profile, such as organization name, website, location, languages, and areas of expertise. A premium Services customer can store information he/she has about you in our premium Services, such as a TDA RFP materials or contact information.
We contact you and enable communications between Members through TDA RFPs. We offer settings to control what messages you receive and how often you receive some types of messages.
We will contact you through email, notices posted on our websites and other ways through our Services, including push notifications. We will send you messages about the availability of our Services, security, or other service-related issues. We also send messages about how to use the Services, network updates, reminders, and promotional messages from us and our partners. You may change your [communication preferences] at any time. Please be aware that you cannot opt-out of receiving service messages from us, including security and legal notices.
We do not serve you tailored ads as part of our Services. But you cannot opt-out of seeing other ads.
We measure the performance of ads to Members, Visitors and others both on and off our Services directly or through a variety of partners, using the following data, whether separately or combined:
- Data from advertising technologies on and off our Services, like pixels, ad tags, cookies, and device identifiers;
- Member-provided information (e.g., profile, contact information and industry);
- Data from your use of our Services (e.g., search history, content you read, who you reads your content, TDA RFP creations or pitches, page visits, videos you watch, clicking on an ad, etc.), including as described in Section 1.3;
- Information from advertising partners and publishers; and
- Information inferred from data described above.
Info to Ad Providers
We do not share your personal data with any third-party advertisers or ad networks for their advertising except for: (i) hashed or device identifiers (to the extent they are personal data in some countries); (ii) with your separate permission or (iii) data already visible to any users of the Services (e.g. your profile). However, if you view or click on an ad on or off our site, the ad provider will get a signal that someone visited the page that displayed the ad, and they may through the use of mechanisms such as cookies determine it is you.
Advertising partners can associate personal data collected by the advertiser directly from you with our cookies and similar technologies. In such instances, we seek to contractually require such advertising partners to obtain your explicit, opt-in consent before doing so.
We promote our Services to you and others.
We use data and content about Members for invitations and communications promoting membership and network growth, engagement and our Services.
2.6 Developing Services and Research
We develop our Services and conduct research.
We use data, including public feedback, to conduct research and development for the further development of our Services in order to provide you and others with a better, more intuitive experience, drive membership growth and engagement on our Services, and help connect organizations and digital agencies to each other and to economic opportunity.
We seek to create economic opportunity for Members of the global economy and to help them be more productive and successful. We use the data available to us to research industry trends and policies that help bridge the gap in various industries and geographic areas.
Polls and surveys are conducted by us and others through our Services. You are not obligated to respond to polls or surveys, and you have choices about the information you provide.
2.7 Customer Support
We use data to help you and fix problems.
We use the data (which can include your communications) to investigate, respond to and resolve complaints and Service issues (e.g., bugs).
2.8 Aggregate Insights
We use data to generate aggregate insights.
We use your data to produce and share aggregated insights that do not identify you. For example we may use your data to generate statistics about our members, their industry or location, to calculate ad impressions served or clicked on, or to publish visitor demographics for a Service or industry insights.
2.9 Security and Investigations
We use data for security, fraud prevention and investigations.
3. How We Share Information
3.1 Our Services
Any data that you include on your profile and any content you post or action you take on our Services will be seen by others.
Your profile is fully visible to all Members and customers of our Services. It can also be visible to others on or off of our Services (e.g., Visitors to our Services or users of third- party search engines).
Posts and TDA RFPs
Our Services allow viewing and sharing information including through posts and TDA RFPs.
- When you share an article or a post (e.g., an update, image, video or article) publicly it can be viewed by everyone and re-shared anywhere. Members, Visitors and others will be able to find and see your publicly-shared content, including your organizations name (and photo if you have provided one).
- When you create a TDA RFP, Members that satisfy the criterion you have selected will see the TDA RFP and all details that you publish in the TDA RFP.
- When you respond to a TDA RFP, the TDA RFP creator will see all details that you provide them in your response.
3.2 Communication Archival
Regulated Members may need to store communications outside of our Service.
Some Members (or their employers) need, for legal or professional compliance, to archive their communications (for example, creation or responses to TDA RFPs) and other activity, and will use services of others to provide these archival services.
3.3 Related Services
We share your data across our different Services and TDA-affiliated entities.
3.4 Service Providers
We may use others to help us with our Services.
We use others to help us provide our Services (e.g., maintenance, analysis, audit, payments, fraud detection, marketing and development). They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.
3.5 Legal Disclosures
We may need to share your data when we believe it’s required by law or to help protect the rights and safety of you, us or others.
It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Service (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of TDA, our Members, personnel, or others. We attempt to notify Members about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand. To learn more see our Data Request Guidelines.
3.7 Change in Control or Sale
4. Your Choices & Obligations
4.1 Data Retention
We keep most of your data for as long as your account is open.
We retain your data while your account is in existence or as needed to provide you Services. This includes data you or others provided to us and data generated or inferred from your use of our Services. Even if you only use our Services every few years, we will retain your information and keep your free profile open until you decide to close your account. In some cases we choose to retain certain information (e.g., visits to sites carrying our plugins without clicking on the plugin) in a depersonalized or aggregated form.
4.2 Rights to Access and Control Your Personal Data
You can access or delete your data. You have many choices about how your data is collected, used and shared.
We provide many choices about the collection, use and sharing of your data, from deleting or correcting data you include in your profile to cookies [opt-outs] and other controls. We offer you settings to control and manage the personal data we have about you.
For data that we have about you:
- Delete Data: You can ask us to erase or delete all or some of your personal data (e.g., if it is no longer necessary to provide Services to you).
- Change or Correct Data: You can edit some of your personal data through your account. You can also ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate.
- Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your data is inaccurate or unlawfully held).
- Right to Access and/or Take Your Data: You can ask us for a copy of your personal data and can ask for a copy of personal data you provided in machine readable form.
Visitors can learn more about how to make these requests here. You may also contact us using the contact information below, and we will consider your request in accordance with applicable laws.
Residents in the Designated Countries may have additional rights under their laws.
4.3 Account Closure
We keep some of your data even after you close your account.
We retain your data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our User Agreement, or fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized information after your account has been closed.
Information you have shared with others (e.g., through profile or actions related to TDA RFPs) will remain visible after you closed your account or deleted the information from your own profile or mailbox, and we do not control data that other Members copied out of our Services. Your profile may continue to be displayed in the services of others (e.g., search engine results) until they refresh their cache.
5. Other Important Information
We monitor for and try to prevent security breaches. Please use the security features available through our Services.
We implement security safeguards designed to protect your data, such as HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
5.2. Cross-Border Data Transfers
We store and use your data outside your country.
We process data both inside and outside of the United States and the Republic of Croatia and rely on legally-provided mechanisms to lawfully transfer data across borders. Countries where we process data may have laws which are different, and potentially not as protective, as the laws of your own country.
5.3 Lawful Bases for Processing
We have lawful bases to collect, use and share data about you. You have choices about our use of your data. At any time, you can withdraw consent you have provided by going to settings.
We will only collect and process data about you where we have lawful bases. Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the TDA Services you have requested)) and “legitimate interests”.
Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object or submit a Data Request. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact our Data Protection Officer here.
5.4. Direct Marketing and Do Not Track Signals
Our statements regarding direct marketing and “do not track” signals.
We currently do not share personal data with third parties for their direct marketing purposes without your permission.
5.5. Contact Information
You can contact us or use other options to resolve any complaints.
If you have questions or complaints regarding this Policy, please first contact TDA online. If contacting us does not resolve your complaint, you may contact the relevant Data Protection Authority. Residents in the Designated Countries may also have the right to contact our Data Protection Officer here.