User-Provided Information, including Personally Identifiable Information (PII): Due to the nature and scope of our Service, you may provide to Top Dog Test what is generally called “personally identifiable” information. This information may be provided during contests, sweepstakes, site registration, or use of public areas, such as a review. Our Site and third parties may collect personally identifiable information from you such as your name, e-mail address, username, and password and/or other information that may identify you as an individual or allow online contact with you so that we or other third parties can provide you with the products and services you request or have agreed to receive. We collect personal information from users when they register or create an account on our Site, or through other ways such as through such user’s activities, transactions, and or other similar types of canvassing and other online forms on our Site.

If you access our Services from a mobile or other device, we may collect a unique device identifier assigned to that device. We also collect information about your device’s precise location over time to provide you with more relevant deals, such as offering deals in real time for a store that you are visiting.

Our Site may also collect information that does not identify you by name when you visit Top Dog Test, such as your internet protocol (“IP”) address, geo-location, domain name, browser configuration, device type, unique device identifier, the type of operating system you are using, information about your Internet service provider, the time of your visit, whether you are a returning visitor, and any referring website.

If you log in via a third-party service like Facebook or Google, we will collect the information described in the third-party service’s request for authorization. This information may include your name, email address, gender, city, and state. You should review your privacy settings with these third-party services to be sure you are only sharing information you wish to share.

Overall, we may collect, use, store and transfer different kinds of Personal Data about you. We have grouped these into the following categories of “Personal Data”:

Contact Data: such as email addresses, first and last name, address, city, state, country, zip code.

Marketing and Communications Data: such as your preferences in receiving marketing from us and our third-parties and your communication preferences.

Profile Data: such as your username and password, feedback and survey responses.

Technical Data: such as Device IDs, your login data, access dates and times, browser type and version, device information, cookie data, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Service.

Usage Data: such as information about how you use our Website, products and services.

Cookies Information: When you access the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. Top Dog Test may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Top Dog Test site uses cookies to maintain active user sessions, However, persistent cookies can be removed. Please review your web browser “Help” file to learn the proper way to modify your cookie settings.

Our website also uses Google Analytics Cookies. Information collected by the Google Analytics cookies will be transmitted to and stored by Google on servers in the United States of America in accordance with its privacy practices. To see an overview of privacy at Google please click here. You may opt out of tracking by Google Analytics by clicking here. Otherwise, if you agree to our use of cookies, please continue to use our site.

IP Address and Clickstream Data. We automatically collect information from your browser when you visit our Site. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us and the referring website address.

Response to Do Not Track Signals: – Certain web browsers may provide an option by which you may have the browser inform websites or internet services you visit that you do not wish to have information (which may or may not contain PII) about your activities tracked by cookies or other persistent identifiers across time and across third-party Internet websites, online or cloud computing services, online applications, or mobile applications. These are commonly called “do not track” signals. Top Dog Test site requires cookies to maintain active user sessions, and therefore Top Dog Test does not act on Do Not Track requests.

Third Party Web Beacons: To bring you the best experience and product set possible, we may also implement and integrate third party content, such as advertising, on the Service that uses “clear gifs,” “web beacons,” or other similar techniques, and which may allow the third party content provider to read and write cookies to your browser, or implement similar tracking mechanisms, in connection with your viewing of that third party content displayed on or through the Service.

Other System Information Automatically Collected: When you access the Service or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This “automatically collected” information may include your Internet Protocol address, a unique device or user ID, the version of software installed, system type, the content and pages that you access on the Service, and the dates and times that you visit the Service.

2. The Way We Use Information

Top Dog Test uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Service.

We will use your email address and other provided contact information, without further consent, for administrative communications such as notifying you of major Service updates and for customer service Purposes.

Top Dog Test may use your email address or other personally identifiable information to send promotional messages related to the Service and the activities of third parties we work with. Generally, you have the ability to unsubscribe or “opt out” from further communications through links provided in the messages sent from us.

Top Dog Test uses all of the information that you provide or that we collect to understand the usage trends and preferences of our Users, to improve the way the Service works and looks, and to create new features and functionality.

Top Dog Test may use “Automatically Collected” information and “Cookies” information, alone or in combination with other information we have collected from you, to: (a) personalize the service, such as remembering your information so that you will not have to re-enter it during your visit or the next time you access the Service; (b) provide customized third party advertisements, content, and information, and (c) send you email communications and otherwise correspond with you about, products, services and offers that might interest you.

We rely on third party vendors to help deliver our products and services on our Site. Some of them use data about your use of our Site. Below is a list of third parties with links to more information on their use of your data. These third parties are not authorized by us to use your Personal Information in any other way.

3. When We Disclose Information

Top Dog Test does not share your personally identifiable information with other organizations for their marketing or promotional uses without your prior consent.

We may disclose User information to affiliated companies or other businesses or persons who: provide website hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist Top Dog Test in delivering or improving the Service and creating new features. These disclosures are generally made under terms comparable to this Privacy Policy, and the recipients are limited to using the information for the purposes for which the information was provided and only to the extent necessary to complete the intended work.

We use commercially reasonable physical, technical and administrative controls to protect the information we collect online. Please note that there is no method of transmission over the Internet, or method of electronic storage, that is completely secure.

Top Dog Test may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.

Top Dog Test also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary: to take precautions against liability; to protect Top Dog Test from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Service; or to protect the rights, property, or personal safety of Top Dog Test, our users, or others.

4. Your Choices, Rights and Responsibilities

Right Not To Share Information: You may, of course, decline to share your personally identifiable information with Top Dog Test, in which case Top Dog Test will not be able to provide to you some of the features and functionality found on the Service. You may update or correct your user information and preferences at any time by accessing your account preferences page through the Service or by contacting us via this online contact form. Please note that while changes to your Account are reflected promptly in active user databases, we may retain all information that we collect or that you provide for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

To protect your privacy and security, we take reasonable steps to verify your identity before granting your account access or making corrections to your information.

Right to Correct, Update, Delete Personal Information: You have the right to ask us to change, correct, or delete Personal Data. You may also ask us to delete and remove Personal Data where there is no good reason for us to continue to process it (for instructions see below). If you choose to ask us to delete and remove your Personal Data, Top Dog Test may not be able to provide to you some or all of the features and functionality found on the Service. Please note, we may not always be able to comply with your request for erasure and in such circumstances, will notify our reasons to you. If you choose to ask us to alter, remove or delete your Personal Information you may contact us in one of the following ways: a) contacting us via this online contact form, or sending us a letter addressed to: Privacy, 27732 Industrial Blvd, Hayward, CA 94545. In order to verify your request, we will ask you to provide your name, email address, and certain other pieces of identifying information. Once you have submitted this information and any necessary supporting documentation, we will confirm the information and then fulfill your request within the time frame required by the relevant law.

Marketing Communications: If you no longer wish to receive any marketing communications from us, you may request to be removed from our email list. You may contact us using this online contact form requesting removal from the Site’s email distribution list to opt-out from our marketing communication. You may also do this by unsubscribing to any email communication you receive from us.

Please understand that if you delete, block or otherwise restrict cookies, you may need to renew your opt-out choice.             

5. Our Commitment To Data Security

Your Responsibilities: You are responsible for maintaining the secrecy of your unique password and account information at all times.

Top Dog Test uses certain physical, managerial, and technical safeguards designed to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Top Dog Test, and you do so at your own risk. Top Dog Test cannot guarantee that information you provide or that we collect may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If Top Dog Test learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Top Dog Test may post a notice on the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us using this online contact form.

Third Party “Linked-To” Websites

When you are on our Site, you may be able to visit or link to other sites not operated by us. We do not control such sites and we are not responsible for the information practices of these sites. This Privacy Policy does not address the information practices of those other websites, and we encourage you to read the posted privacy policies of such sites.

6. Commitment To Children’s Privacy

If you are under 13 years of age, then you may not use or access the Service at any time or in any manner.

Protecting the privacy of young children is especially important. For that reason, Top Dog Test does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. If Top Dog Test learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the service, then Top Dog Test will take the appropriate steps to delete this information.

If you are the parent or legal guardian of a child under 13 who you believe has registered an Account on the Service, then please contact Top Dog Test using this online contact form to have that child’s Account terminated and information deleted.

7. International Visitors

For users visiting the service from the European Economic Area (EEA) or any other non-U.S. territories, please note that any data you enter into the Service will be transferred outside the European Economic Area or such other non-U.S. territory for use by Top Dog Test and its affiliates for any of the purposes described herein. In addition, because Top Dog Test operates globally, we may make information we gather available to worldwide business units and affiliates. By providing any data on the Service, you hereby expressly consent to such transfers of your data to the United States or other countries.

8. In The Event Of Merger Or Sale

In the event that Top Dog Test is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.

9. Changes And Updates To This Privacy Policy

This Privacy Policy may be revised periodically and this will be reflected by an updated publication date at the top of this Privacy Policy. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the privacy policy in effect when we received that personal information. Your continued use of the service constitutes your agreement to this Privacy Policy and any future revisions.

For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing revisions with respect to such information.

10. Your Rights To Access Data (For Data Subjects In The EEA).

Data subjects in the EEA have the following rights with respect to their Personal Data:

Right to Information: The right to know what Personal Data we hold about you and how we use it.

Right to Access: The right to be provided with a copy of your Personal Data (subject to certain restrictions).

Right of Rectification: The right to require us to correct any incomplete or inaccurate Personal Data we hold about you, though we may need to verify the accuracy of the new data you provide to us. If you have a user account with us, you also have the option of correcting your information directly in your account.

Right to erasure/be forgotten: This enables you to ask us to delete or remove Personal Data where there is no good reason for us to continue to process it. Note, however, that we may not always be able to comply with your request for erasure and in such circumstances, will notify our reasons to you.

Right to restrict processing: The right to require us to restrict processing of your Personal Data, i.e., you can request that we suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Right to request data portability: In certain circumstances, you have the right to request the transfer of your Personal Data to you or to a third party in a commonly used machine-readable format. Note, however, that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Right to object to processing: You have the right to object to the processing of your Personal Data in the following circumstances: (i) at any time to your Personal Data being processed for direct marketing (including profiling); or (ii) in certain other situations, to our continued processing of your Personal Data, e.g., our processing of your Personal Data when such processing is based on our legitimate interests. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Right to withdraw consent at any time: You have the right to withdraw your consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Right not to be subject to a decision based solely on automated decision-making: The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you. However, your right does not apply if: (i) you gave us your explicit consent to use your personal data to make our decision; (ii) we are allowed by law to make our decision; or (iii) our automated decision was necessary to enable us to enter into a contract with you.

Method for Requesting Information Pursuant to Your Rights

Upon request, Top Dog Test will provide you with information about whether we hold any of your personal information. If you would like to exercise any of the data subject access rights (each, an “Access Request”) please contact us using this online contact form, and we will send you a Data Subject Access Request Form. We will respond to your request within a reasonable timeframe.

No Fee Usually Required. You will not usually be required to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What We May Need from You. Once we receive your Access Request, we may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit to Respond. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

11. How To Complain

All Data Subjects. If you have any complaint about the treatment of your Personal Data, or inquiries regarding our data practices, please contact us as set forth in Section 12 so we may resolve any query or concern you have.

Data Subjects Based in the European Economic Area. The General Data Protection Regulation also gives you the right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) country where you work, normally live or where any alleged infringement of data protection laws occurred.

12. No Class Actions.

YOU AND TOPDOGTEST.NET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.