Policy Effective Date: January 1, 2020
TABLE OF CONTENTS
- THE INFORMATION WE COLLECT
- THE WAY WE USE INFORMATION
- WHEN WE DISCLOSE INFORMATION
- YOUR CHOICES, RIGHTS AND RESPONSIBILITIES
- .OUR COMMITMENT TO DATA SECURITY
- OUR COMMITMENT TO CHILDREN’S PRIVACY
- INTERNATIONAL VISITORS
- IN THE EVENT OF MERGER OR SALE
- YOUR RIGHTS TO ACCESS DATA
- HOW TO COMPLAIN
- CLASS ACTION WAIVER
1. The Information We Collect; Personal Data
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.
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 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
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.
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.
This statement of privacy (this “Statement”) explains our data collection through our website and related services and products (collectively the “Site”) and the use of such data, so please read the entire Statement. Use of the Site indicates a site user’s acceptance of this Statement.
We may change this Statement from time to time in our sole discretion. Accordingly, we encourage site users to review this Statement periodically. We reserve the right (but are not required) to send a notice via email or any other delivery method of any such change to this Statement. The most current version of this Statement will be linked on the Site. If a user continues to use the Site after we change this Statement, then user accepts all such changes.
Collecting Site User Information:
We collect information about site users in two ways: (1) when users give the information to us or when users give us permission to obtain the information and (2) when users access and/or use the Site. All information that we collect about a user is defined as “Collected Information.”
The following list, which is not meant to be exhaustive, provides examples of when we obtain Collected Information and the type of Collected Information obtained:
- When establishing and maintaining a user account, which may result in our obtaining user name, email address, and other registration and profile information;
- When establishing and maintaining user purchases, which may result in our obtaining user credit card information, billing address, and other financial records;
- When customizing the content users see, access, and/or use as part of the Site, which may result in our obtaining, with user permission, access to user information in or through other third party services;
- When providing user access to, and use of, the Site through a personal computer or other device, which may result in our obtaining the following automatically recorded information (collectively the “Log Data”): (1) user Internet Protocol address, (2) the address of the web page visited before user came to the Site, (3) user browser type and settings, (4) the date and time of any request user makes to the Site, (5) how user used the Site during user’s visit, (6) user type of personal computer or other device, (7) the operating system and other software on a user’s personal computer or other device, (8) the settings on a user’s personal computer or other device, (9) a user’s geo-coordinates and other location data and geo-targeting data, and (10) other information provided by tracking technologies, such as cookies (as described in more detail below);
- When contacting user regarding the Site, when reviewing or processing a questionnaire user submits for or through the Site, or when reviewing or processing a user request for a product or service offered by or through the Site, which, in any such case, may result in our obtaining information that user discloses or submits; or
- When user participates in any survey, sweepstakes, contest, or promotion by or through the Site, which may result in our obtaining user’s name, profile photo, email address, and other registration and profile information.
All Collected Information falls into one of two categories: (1) “Identifiable Information” or (2) “Unlimited-Use Information.” Identifiable Information is limited to information that can be used to specifically identify user as a unique person. Unlimited-Use Information is all Collected Information other than Identifiable Information.
- Examples of Identifiable Information include the following information: (1) user name, (2) user mailing addresses, (3) user phone numbers, (4) user email addresses, (5) user IP addresses, (6) user billing information, and (7) unique identifiers for a user’s personal computers and other devices.
- Examples of Unlimited-Use Information include the following information: (1) cookie information, pixel tag information, and other digital behavior about user, (2) the pages user requests or visits, (3) the frequency of user requests or visits, (4) user search terms, (5) user public profile and user public information associated with the Site (whether used on a general portion of the Site or used on a private portion of the Site), (6) user submissions, (7) user geo-coordinates and other location data, (8) user Log Data not included in (1) through (7) above, and (9) all Identifiable Information that has been de-identified (meaning that no single person can be identified by such de-identified information).
In order to make certain parts of the Site function correctly, cookies are utilized. A cookie is a small data file transferred by a website to user computer’s hard drive. The Site sends cookies when (among other occasions) user visits, makes a purchase, requests or personalizes information, or registers for the Site. A cookie cannot read personal data off a user’s hard disk or read cookie files created by other websites; the only Identifiable Information a cookie can contain is information a user supplies. Although user can still browse and search for products on the Site, user must have cookies enabled in order to add items to user’s shopping cart or to create/log in to the website.
Use and Sharing of user Identifiable Information:
We may use user Identifiable Information for several purposes, such as:
- To make the Site easier for user to use by not requiring a user to enter user Identifiable Information more than once.
- To help user quickly find services or information on the Site.
- We may use Identifiable Information (including user email addresses, phone numbers, and unique identifiers) to send user updates and promotional/advertising materials, including newsletters, relating to the Site and the products and services of our affiliates or business partners or to otherwise target specific services or offers to user. If user wants to stop receiving promotional/advertising materials from us, then user should update user’s account settings on the Site.
- We may use Identifiable Information to respond to user questions or comments.
- We may use Identifiable Information to develop, customize, and deliver content on the Site, to make the Site better, to improve the Site’s functionality, to support and maintain the Site, to develop and inform user of new products and updates, and to contact user when user has received an error while using our website so we can help user solve the problem.
- We may use Identifiable Information in combination with Unlimited-Use Information.
- We may use Identifiable Information when we have user consent.
- We may share user Identifiable Information for several purposes, such as:
- We may share Identifiable Information with our parents, subsidiaries, and sister companies.
- We may share Identifiable Information with third parties that assist with the Site. These third parties are not authorized to retain, share, store, or use Identifiable Information for any purposes other than as instructed by us.
- We may share Identifiable Information with credit reporting agencies.
- We may share Identifiable Information if we believe that sharing Identifiable Information is reasonably necessary in order to (1) protect or defend the legal rights, property, safety, or security of us, anyone else, or the public, (2) protect or defend against, or otherwise address, fraud, security, or technical issues, (3) risk management purposes, (4) comply with a law, regulation, legal request, legal process, legal requirement, judicial proceeding, or court order, (5) investigate a possible crime, such as fraud or identity theft, or (6) act in urgent circumstances. We may also share Identifiable Information in connection with the (actual or potential) sale, purchase, acquisition, merger, reorganization, bankruptcy, liquidation, dissolution, or similar transaction or proceeding of or involving us.
- When required to disclose “point of sale” (“POS”) information to the manufacturer for market research and payment of commission to the manufacturer’s sales force. POS information might also be used by us, to provide user with important information or to contact user about potential design activity.
We reserve the right to de-identify user Identifiable Information for any and all purposes.
Except as described in, or permitted by, this Statement, we will obtain user permission before we share user Identifiable Information with third parties.
We are permitted to use and share, without restriction or limitation, all Unlimited-Use Information (including Identifiable Information that has been de-identified) in our sole discretion. Without limiting the generality of the foregoing sentence, we reserve the right to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, repurpose, translate, aggregate, and create derivative works of the Unlimited-Use Information for any and all purposes. In addition, we may use Unlimited-Use Information (1) to monitor, maintain, and improve the functionality of the Site, (2) to make the Site more responsive to the needs of the visitors and users of the Site, (3) to improve user experience on the Site and with respect to the Site, (4) for historical, statistical, scientific, demographic, geographic, and other purposes, (5) responding to surveys or seeking responses to surveys, and (6) for informing others of the use of the Site.
We use a variety of security technologies to protect a user’s Identifiable Information, including secure servers, firewalls, and encryption of credit card information. Unfortunately, there is always a potential risk in sending information through any channel or retaining information on any storage device, and we cannot guarantee that communications between user and us or information stored on our resources, including Identifiable Information, will be free from unauthorized access by third parties. We will not be held responsible (1) for any unauthorized access or illegal or unauthorized use of information, including Identifiable Information, or (2) if user information, including Identifiable Information, is accessed through unauthorized or improper use of user account or login information or due to user failure to secure user username, password, or customer ID.
User consents to have user’s personal data, including user Identifiable Information, used and stored wherever we do business, including countries outside user’s own.