PRIVACY SHIELD PRIVACY POLICY
TWMP PRIVACY SHIELD PRIVACY POLICY
Top Web Marketing Platforms LLC (“TWMP”) has created this Privacy Shield Privacy Policy to help you learn about how we comply with the EU-U.S. Privacy Shield Framework, as set forth by the U.S. Department of Commerce, regarding the collection, use and retention of Personal Information that is collected by our customers located in the European Economic Area (the “EEA”) and transferred to TWMP in the U.S.
TWMP has subscribed to the Privacy Shield program, which covers the EU-U.S. Privacy Shield Framework, and, therefore, TWMP has certified that it adheres to the EU-U.S. Privacy Shield Principles, which include Supplemental Principles (collectively, the “EU-U.S. Privacy Shield Principles”) for Personal Information covered by the Policy. More information about the EU-U.S. Privacy Shield, including the list of certified organizations, can be found at https://www.privacyshield.gov. This Policy applies to TWMP. If there is any conflict between the terms in this Policy and the EU-U.S. Privacy Shield Principles, the EU-U.S. Privacy Shield Principles will govern.
Merchant Data uploaded to the Services including but not limited to names; contact details including email address, mailing address, street address and/or mobile number; gender; date of birth; demographic information, such as postcode; and any other personal information requested by us and/or provided by the Merchant or a third party. We may collect these types of personal information directly from the data subject or from third parties (such as the Merchant).
Personal Information that is transferred to TWMP from the EEA falls into two categories: 1) Personal Information regarding TWMP’s customers and personnel from TWMP’s customers in the EEA, such as name, email address, mailing address, mobile number, gender, date of birth; and 2) Personal Information from customers’ end users in the EEA that TWMP processes on behalf of its customers, such as end user name, email address, mailing address, mobile number, gender, date of birth, and transaction information. In the case of the latter category, TWMP acts as a data processor and processes such information only under the instructions of its customers. This information is controlled by TWMP’s customers in the EEA.
Because the requirements of the Privacy Shield program vary depending on whether TWMP is acting as a processor on behalf of its customers or as a data controller, meaning that TWMP makes independent decisions about how that information will be used, TWMP’s policies and practices are described separately below.
TWMP ACTING AS A DATA PROCESSOR ON BEHALF OF ITS CUSTOMERS
When TWMP acts as a processor on behalf of its customers, the following policies apply to all data processing operations concerning Personal Information that has been transferred from the EEA to the United States.
Use of Personal Information
TWMP will process the Personal Information only for the purposes requested by the customer.
Access and Correction
TWMP will assist the controller (the customer) in responding to individuals exercising their rights under the Principles.
Agents and Service Providers
TWMP will not transfer Personal Information to third parties except where permitted or required by the customer and then in accordance with the EU-U.S. Privacy Shield Principles.
Notice & Choice
Because the Personal Information is under the control of TWMP’s customers, appropriate notice and choice to the individual are provided by TWMP’s customers who act as data controllers. As the data processor, TWMP typically does not have a direct relationship with the customers’ end users. Therefore TWMP’s customers acting as data controllers remain directly liable for their own compliance with the Data Protection Legal Framework and for demonstating such compliance.
TWMP ACTING AS A DATA CONTROLLER
TWMP may receive information from customers in the EEA regarding owners, managers, employees, and/or their associates, namely Business Contact Information.
Use of Personal Information
Any Business Contact Information sent to us may be used by TWMP and its agents for the following purposes: communications, fulfilling transactions, fulfilling support requests, analytics, updates and promotions. If we intend to use your information for a purpose that is materially different from these purposes or if we intend to disclose it to a third party (a non-agent) not previously identified, we will notify you and offer you the opportunity to opt out of such uses and/or disclosures where it involves non-sensitive information or opt-in where sensitive information is involved.
DISCLOSURES TO AFFILIATES AND THIRD PARTIES
Your Personal Information may be disclosed to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
DISCLOSURES TO AGENTS AND SERVICE PROVIDERS
We sometimes contract with other companies and individuals to perform functions or services on our behalf such as website hosting, data analysis, payment processing, order fulfillment, software engineering and development, information technology and related infrastructure provision, and customer service, email delivery, auditing and other services. They may have access to Personal Information needed to perform their functions but are restricted from using the Personal Information for purposes other than providing services for us or to us. TWMP requires that its agents and service providers that have access to Personal Information received from the EEA provide the same level of protection as required by the EU-U.S. Privacy Shield Principles.
We are responsible for ensuring that our agents, service providers and other third parties to whom we disclose your Personal Information process the information in a manner consistent with our obligations under the EU-U.S. Privacy Shield Principles.
DATA SECURITY
We use reasonable physical, electronic, and administrative safeguards to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the nature of the Personal Information and the risks involved in the processing of that information.
DATA INTEGRITY AND PURPOSE LIMITATION
We limit the collection and use of Personal Information to the information that is relevant for the purposes of processing and will not process Personal Information in a way that is incompatible with the purposes for which the information has been collected or subsequently authorized by you. We take reasonable steps to ensure the personal information is reliable for its intended use, accurate, complete, and current to the extent necessary for the purposes for which we use the Personal Information.
ACCESS TO PERSONAL DATA
You can ask to access, review and correct Personal Information that we maintain about you by sending a written request to privacy@twmp.us.
ENFORCEMENT AND DISPUTE RESOLUTION
If you have any questions or concerns, please write to us at the address listed below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the EU-U.S. Privacy Shield Principles.
In the event we are unable to resolve your complaints or disputes, you may contact JAMS, an alternative dispute resolution provider located in the United States, for more information or to file a complaint. JAMS will investigate and assist you free of charge in resolving your complaint.
As further explained in the EU-U.S. Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means. TWMP is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
DISCLOSURES REQUIRED BY LAW
We may need to disclose Personal Information in response to lawful requests by public authorities for law enforcement or national security reasons or when such action is necessary to comply with a judicial proceeding or court order, or when otherwise required by law.
CONTACT INFORMATION
If you have any questions regarding this Privacy Shield Privacy Policy, please contact us by email at privacy@twmp.us, or please write to the following address:
Attention: Legal/Privacy question
Top Web Marketing Platforms LLC
3959 Van Dyke Rd., Suite 311, Tampa, FL 33558, USA
PRIVACY POLICY CHANGES
This policy may be changed from time to time, consistent with the requirements of the Privacy Shield program. You can determine when this Policy was last revised by referring to the “LAST UPDATED” legend at the top of this page. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site.
WE ADHERE TO THE PRIVACY SHIELD PRINCIPLES
Read full Privacy Shield Principles Adherence Statement here