Privacy Policy

Last Modified: November 15, 2023

We at Top Digital Marketing and our affiliates are committed to protecting your privacy. This Privacy Policy applies to the personal information and data collected by Top Digital Marketing when you interact with our websites, products, and services. This includes when you:

Interact with us on our websites or through other channels (for example, by communicating with us or attending one of our events);
Use our products and services.

This Privacy Policy describes how we collect, receive, use, store, share, transfer, and process your Personal Data. It also outlines your choices and rights regarding your Personal Data, including your rights of access and correction. "Personal Data" refers to any information relating to an identified or identifiable individual. If you do not agree with this Privacy Policy, you should not use our websites, products, and services.

Top Digital Marketing may collect and manage Personal Data in connection with our products and services. When you use our services, we process Personal Data as a data controller. We are responsible for complying with regulations or laws that require notice, disclosure, and/or obtaining consent prior to collecting our customers’ Personal Data.

We update this Privacy Policy from time to time and encourage you to review it periodically. We will post any changes on this page and, if the changes are significant, we will provide a more prominent notice by sending you an email notification, or through the Notification app in your Top Digital Marketing account.

If you have any questions about this Privacy Policy or wish to exercise your privacy rights, please contact us as follows:

For inquiries related to our websites, products, or services, please email us at tova@topdigitalagency.com.au
For all other inquiries, write to us at Top Digital Marketing, 1 Alma Street, VIC, Australia, Attn: Privacy and Data Protection Officer.

1. What Information We Collect and Process

a. Information You Provide to Top Digital Marketing

When you interact with us via our websites or any sites or services that link to this Privacy Policy, we may collect Personal Data and other information from you, as further described below.

When You Visit Our Websites

We collect Personal Data from you when you submit web forms or interact with our websites, for example, by subscribing to a Top Digital Marketing blog, signing up for a webinar, subscribing to one of our services, or requesting customer support. We may ask for your email address, first and last name, job title, and other similar business information. You are free to explore some of our websites without providing any Personal Data about yourself.

Events and Webinars

When you register for our events or webinars, we collect information such as name, address, phone number, and email address. We use this information to communicate with you and facilitate your registration. Additionally, we may share your registration data with service providers of these events to provide information and improve your experience.

Account and User Information

We collect Personal Data when you sign up for a Top Digital Marketing account, create or modify user information, set preferences, or provide any other related information to access or utilize our services.

Payment Information

We collect payment and billing information when you register for paid products or services. For example, we may ask you to provide a billing address or a billing contact for your account. If you provide payment information, we use it solely as authorized by you in accordance with this Privacy Policy.

Customer Testimonials

We post customer testimonials and comments on our websites, which may contain Personal Data. We obtain each customer's consent prior to posting the customer's name and testimonial.

b. Information We Process on Behalf of Customers

Our services allow our customers to create and share marketing, sales, and customer service content. When customers use our services, they may collect Personal Data such as names, email addresses, physical addresses, phone numbers, or other information. We store our customers' information on our service providers' servers but process it as a processor under our customers’ instructions.

c. Information We Collect and Process When You Use Our Services

Usage Data

We collect usage data when you or your users interact with our services. This includes metrics and information regarding your use and interaction, such as product features used, and frequency of certain features.

Mobile

When you access or use our services via mobile applications, we automatically collect information such as your device model and version, operating system, and device identifiers.

Third Party Integrations

You may connect third-party integrations to your account. It is your responsibility to review any third-party integrations you authorize. We may collect information about what types of integrations you use.

d. Information We Collect From Other Sources

Partners

We may receive information about you from our network of partners, including through our partner co-marketing partnerships.

Third Parties

We may receive information from third-party service providers and from our business and solution partners.

Log Files

Like most websites, we automatically collect and store information about your computer hardware and software when you visit our websites. This information can include your IP address, browser type, domain names, internet service provider (ISP), and the files viewed on our websites.

Buttons, Tools, and Content from Other Companies

Our websites may include features and widgets from other companies. These features may collect your IP address and set a cookie to function properly. Your interactions with these features are governed by the privacy policy of the companies providing them.

Other Top Digital Marketing Companies

We may receive information about you from other companies that are owned or operated by Top Digital Marketing.

2. How We Use Personal Data

a. To Communicate with You About the Product and Services

We use the account information you provide to Top Digital Marketing when signing up for our services to send you transactional emails or in-app notifications about billing, account management, and other administrative matters. We may also send you updates regarding our Customer Terms of Service or other legal agreements, and communicate with you about security incidents via email or in-app notification.

We use your information to provide customer support, such as resolving technical issues you encounter and analyzing product outages or bugs.

If you use the Top Digital Marketing mobile applications, we may send you push notifications from time to time to update you about events and promotions. If you no longer wish to receive such communications, you may turn them off at the device level.

b. To Provide Our Services

We use your account information and Customer Data to provide our products and services to you. For example, we use the email address you provide when signing up to create your user account, and we use your payment information to process payments for paid use of our services. We also use this information to authenticate you when you log in and to provide customer support.

c. To Improve and Develop Our Product and Services

We collect usage data about how you or your users interact with our products and services. We use this data to develop and improve our offerings. For example, we use usage data to assess trends and usage across our products to help us determine what new features or integrations our users may be interested in.

We may publish data about how our products and services are being used across our customer base. When we share statistical information externally in this way, the data will be aggregated and we will not identify individual users or customers.

d. To Secure and Protect Our Product and Users

We use your account information to investigate and help prevent security incidents. We use your information to verify user accounts, new product sign-ups, and to detect and prevent product abuse. This includes enforcing our Acceptable Use Policy.

We use log files to provide general statistics regarding use of our websites by you, including how you use our websites, what country you are logging in from, and to help improve the navigation experience. Your IP addresses are also collected and logged for security and debugging purposes.

e. To Market and Promote Our Services

We use the information you provide to market and promote our products, services, and other offerings. For example, we use your email or physical address to send information or Top Digital Marketing content to you which we think may be of interest to you by post, email, or other means.

You may opt out of receiving this promotional content by following the instructions contained in each communication that we send to you. If you unsubscribe from our marketing lists, we will continue to contact you regarding administrative matters, and to respond to your requests.

Where required by law, we will only send marketing communications with your consent. Otherwise, we will market and advertise our products and services based on our legitimate business interests.

We receive information from third-party service providers and other sources such as third-party providers of business information and publicly available sources. We use this information in combination with other information we collect for the purposes of providing you with updates and an improved service, like personalized communications, event promotion, and tailoring the websites or product to improve user experience.

f. Other Purposes if We Obtain Your Consent

We share your data with third parties when you give us consent to do so.

g. Legal Basis for Processing Personal Data (EEA and UK visitors only)

If you are a website visitor located in the European Economic Area ("EEA") or United Kingdom ("UK"), Top Digital Marketing is the data controller of your Personal Data. Our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it. However, we will normally collect Personal Data from you only where we have your consent to do so, where we need the Personal Data to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Data from you.

If we ask you to provide Personal Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data). Similarly, if we collect and use your Personal Data in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.

3. How We Share Personal Data

a. Service Providers

We may share Personal Data with third-party service providers to support our websites, products, and services. For example, we use service providers for data hosting, application development, marketing, sales support, and customer support. We may need to share your information with these providers to offer you information about products or services. This includes tasks like removing repetitive information from prospect lists, analyzing data, providing marketing assistance, processing credit card payments, supplementing the information you provide to offer better service, and developing and improving our products and services. These service providers are prohibited from using your Personal Data for any purpose other than these, and they are required to maintain the confidentiality of your information. We explicitly require these third-party service providers to acknowledge and adhere to our privacy and data protection policies and standards.

b. Partners

We may share data with trusted Top Digital Marketing partners to contact you based on your request to receive such communications, help us perform statistical analysis, provide sales support, or offer customer support. Partners are prohibited from using your Personal Data for any purposes other than these, and they are required to maintain the confidentiality of your data.

We also partner with trusted third parties to provide you with co-marketing content that we think may be relevant to you. When you engage with these co-marketing partners, we will inform you about who we are sharing data with and provide a link to the co-marketing partner’s privacy policy so you can learn more about how to opt-out of their communications. These co-marketing partners are required to adhere to our privacy and data protection policies.

c. Corporate Events

If Top Digital Marketing (or our assets) are acquired by another company, whether by merger, acquisition, bankruptcy, or otherwise, that company would receive all information gathered by us on our websites and services. In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Data, and choices you may have regarding your Personal Data.

d. Public Forums

Our websites may offer publicly accessible message boards, blogs, and community forums. Please be aware that if you disclose any information through these public platforms, it may be read, collected, and used by anyone who accesses these sites. Your posts and certain profile information may remain even after you terminate your account. We encourage you to consider the sensitivity of any information you disclose in these public settings. We will correct or delete any information you have posted on the websites if you request it, as described in our "Your Privacy Rights and Choices" section. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to do so and why.

e. Compelled Disclosure

We reserve the right to use or disclose your Personal Data if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process. In the context of the Subscription Service, Customer Data is considered Confidential Information, and the confidentiality terms in our Customer Terms of Service provide more information. Top Digital Marketing shares data about requests for customer information, to learn more see our Data Disclosure and Transparency Report.

4. How We Transfer Personal Data Internationally

a. International Transfers within Top Digital Marketing Group

To facilitate our global operations, we may transfer information to other Top Digital Marketing Affiliates where we have operations for the purposes described in this policy. Please see our Customer Data Processing Agreement for a list of Top Digital Marketing Affiliates and their locations.

This Privacy Policy will apply even if we transfer Personal Data to other countries. We have taken appropriate safeguards to ensure that your Personal Data remains protected wherever it is transferred. When we share Personal Data of individuals in the European Economic Area ("EEA"), Switzerland, or the United Kingdom ("UK") within and among Top Digital Marketing’s Affiliates, we utilize various legal mechanisms, including the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework. We also implement the Standard Contractual Clauses and additional safeguards where appropriate, as detailed in our Data Privacy Framework.

b. International Transfers to Third Parties

Some third parties described in this Privacy Policy, providing services under contract, are based in countries with different privacy and data protection laws than your country of residence. When sharing Personal Data of individuals in the EEA, Switzerland, or UK with third parties, we use legal mechanisms like the European Commission-approved Standard Contractual Clauses, along with additional safeguards where necessary. For transfers to or from the UK, we use the UK Addendum. For transfers to or from Canada, we use standard contractual clauses. Top Digital Marketing is subject to the regulatory enforcement powers of the Office of the Privacy Commissioner of Canada. For more information about the legal mechanisms we rely on for transferring personal data outside the EEA, Switzerland, Canada, and UK, please contact us.

c. Data Privacy Framework Notice

Top Digital Marketing complies with the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework as set forth by the U.S. Department of Commerce.

We have certified adherence to the EU-US DPF Principles for processing Personal Data received from the European Union, the United Kingdom, and Gibraltar, and to the Swiss-US DPF Principles for processing Personal Data received from Switzerland. In case of any conflict between this Privacy Policy and the DPF Principles, the DPF Principles shall govern. For more information about the Data Privacy Framework, please visit the official website.

If you are located in the EU, UK, or Switzerland, you have the right to access the Personal Data we hold about you and request correction, amendment, or deletion if it is inaccurate or processed in violation of the DPF Principles. We will allow you to opt out where Personal Data we control is disclosed to a third party or used for a materially different purpose than stated in this Privacy Policy. To exercise any of your rights, please contact us.

In compliance with the DPF Principles, Top Digital Marketing commits to resolving complaints about our collection and use of your Personal Data. We will investigate and attempt to resolve complaints within 45 days. EU, UK, and Swiss individuals with inquiries or complaints regarding our handling of Personal Data should first contact Top Digital Marketing.

For unresolved DPF-related complaints, please contact our U.S.-based third-party dispute resolution provider. Under certain conditions, you may be entitled to invoke binding arbitration. The Federal Trade Commission has jurisdiction over Top Digital Marketing’s compliance with the DPF Principles.

In the context of an onward transfer, Top Digital Marketing is responsible for the processing of Personal Data it receives under the DPF Principles and subsequently transfers to a third party acting as an agent on our behalf. We shall remain liable under the DPF Principles if our agent processes your Personal Data inconsistently with the DPF Principles, unless we are not responsible for the event causing the damage.

Please note that under certain circumstances, we may be required to disclose your Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

5. How We Store and Secure Personal Data

a. Data Storage and Security

At Top Digital Marketing, we employ a range of security technologies and procedures to safeguard your Personal Data from unauthorized access, use, or disclosure. Your data is stored on secure computer servers in a controlled environment, shielded from unauthorized access, use, or disclosure. We ensure the protection of Personal Data through appropriate physical, technical, and organizational measures. For more information on security at Top Digital Marketing, please visit our security information page.

b. Retention of Personal Data

The duration for which we retain the information we collect about you depends on the type of information, as well as how it is collected and stored. After a reasonable period, we will either delete or anonymize your information, or, if this is not feasible, we will securely store your information and isolate it from further use until deletion is possible.

We retain Personal Data that you provide to us as long as we have an ongoing legitimate business need for it (for example, to comply with our legal obligations, resolve disputes, and enforce our agreements).

When there is no ongoing legitimate business need to process your Personal Data, we securely delete the information or anonymize it, or, if this is not possible, securely store your Personal Data and isolate it from any further processing until deletion is possible. Upon your request, as outlined in the "Privacy Rights and Choices" section below, we will delete this information at an earlier date.

If you opt to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period from the date you last showed interest in our content, products, or services, such as when you last opened an email from us or ceased using your Top Digital Marketing account. Information derived from cookies and other tracking technologies is retained for a reasonable period from the date it was created.

The data processed by our customers in connection with the Subscription Service is retained according to the Top Digital Marketing Customer Terms of Service and Customer Data Processing Agreement.

6. Cookies and Similar Technologies

When you visit our Top Digital Marketing websites, sign up for an account, attend one of our virtual events, or request more information about our services, we automatically collect information using tracking technologies like cookies and tracking pixels. For more details on this, including how to opt out, please refer to our Cookie Policies below.

Top Digital Marketing and our partners utilize cookies or similar technologies (such as web beacons and JavaScript) to analyze trends, manage the website, track visitors' movements around the website, and gather demographic information about our user base as a whole.

b. Advertising

We collaborate with third-party advertising networks to display advertising on our website or to manage our advertising on other sites. Our ad network partners use cookies and web beacons to collect information about your activities on this and other websites to provide you with targeted advertising based on your interests. If you prefer not to have this information used for the purpose of serving you targeted ads, you may opt out by using these services: https://optout.networkadvertising.org/ or https://optout.aboutads.info/ (or if located in the European Union, by clicking here: http://www.youronlinechoices.eu/). Please note that opting out does not prevent you from seeing advertising; you will continue to receive generic ads.

7. Your Privacy Rights and Choices

a. Personal Data Requests

At Top Digital Marketing, we respect your data protection rights and provide you with the following options:

Access, Correction, or Deletion: You can request access to, correction of, updates to, or deletion of your Personal Data.
Objection: You can object to our processing of your Personal Data, ask us to restrict processing, or request portability of your Personal Data.
Withdraw Consent: If we have processed your Personal Data with your consent, you can withdraw it at any time. Withdrawing consent will not affect the lawfulness of any processing conducted before your withdrawal, nor will it affect processing of your Personal Data conducted under lawful processing grounds other than consent.
Complaint: You have the right to complain to a data protection authority about our collection and use of your Personal Data.

We do not sell personal information.

To exercise any of these rights, please contact us at tova@topdigitalagency.com.au. Attn: Privacy and Data Protection Officer. We may verify your identity to protect your information and may require authorized agents to confirm their identity and authority. We will respond to your request within a reasonable timeframe.

b. Anti-Spam Policy

Our Acceptable Use Policy prohibits the use of our services to send unsolicited commercial email in violation of applicable laws. It requires the inclusion of an "opt-out" mechanism in every email sent using our services. Violations of this policy by a customer can result in immediate suspension or termination of service.

c. To Unsubscribe From Our Communications

You may unsubscribe from our marketing communications by:

Clicking on the "unsubscribe" link in our emails.
Updating your communication preferences.
Contacting us directly at tova@topdigitalagency.com.au.

8. California Privacy Rights

a. Applicability

This section is specifically for California consumers, in line with the California Consumer Privacy Act (“CCPA”). It outlines how Top Digital Agency, as a business using HubSpot, collects, uses, and shares Personal Information of California residents. Under the CCPA, "Personal Information" is defined as per the Act's stipulations. Top Digital Agency does not sell Personal Information. We may share Personal Information with authorized service providers or business partners in compliance with our contractual limitations regarding their use, retention, and disclosure of such information.

If you have difficulty accessing this Privacy Policy due to a disability or any physical or mental impairment, please contact us at tova@topdigitalagency.com.au or our physical address at 1 Alma St, VIC, Australia, and we will provide the information in an alternative format you can access.

b. Collection, Use, and Sharing of Personal Information

Over the past twelve months, Top Digital Agency has collected the following categories of Personal Information:

Identifiers: This includes names, email addresses, mailing addresses, and phone numbers, collected directly from you or third-party sources.
Commercial information: Such as subscription records, collected directly from you.
Internet or network information: Like browsing and search history, collected from your device.
Geolocation data: Such as IP addresses, collected from your device.
Financial information: Including payment information or financial account numbers, collected during subscription processes.
Inferences and other Personal Information: Gathered through interactions with our online platforms, customer surveys, contests, or through our Subscription Service.

The purposes for collecting this information are detailed in Section 2 of this Privacy Policy. The categories of third parties with whom this information is shared are described in Section 3. Information retention periods are outlined in Section 5.

c. Your California Rights

As a California resident, you have specific rights regarding your Personal Information:

Access: You can request disclosure of the Personal Information we've collected, used, and disclosed about you in the past 12 months.
Deletion: You can ask us to delete your Personal Information, subject to certain legal exceptions.
Correction: You can request correction of inaccurate Personal Information we hold about you.
Non-Discrimination: Exercising these rights won't result in discriminatory treatment.

Top Digital Agency does not sell or share Personal Information with third parties in ways that violate the CCPA.

d. Exercising Your California Rights

You can exercise these rights directly, or through an authorized agent. To protect your Personal Information, we will verify your identity appropriate to your request type. If using an authorized agent, we may require written permission from you and need to verify the agent's identity.

For requests, including accessing this policy in an alternative format, exercising your rights, or designating an authorized agent, please contact us at tova@topdigitalagency.com.au or write to Top Digital Agency, 1 Alma St, VIC, Australia.

9. Data Protection Officer

Contact Information for Privacy Policy Inquiries

If you have any questions regarding this Privacy Policy, our privacy practices, or if you require access to this notice in a different format due to a disability, please reach out to us through the following channels:

For Top Digital Agency-related inquiries: Please contact Tova Ekdahl via email at tova@topdigitalagency.com.au.
Postal Mail for Top Digital Agency:
- Attention: Tova Ekdahl
- Address: Top Digital Agency, 1 Alma St., VIC, Australia

We are committed to addressing your privacy-related concerns and ensuring accessibility to our policy for all individuals.

10. Other Important Privacy Information

a. We Never Sell Personal Data

We will never sell your Personal Data to any third party.

b. Information About Children

The websites, product, and services of Top Digital Agency are not intended for or targeted at children under 16, and we do not knowingly or intentionally collect Personal Data about children under 16. If you believe that we have collected Personal Data about a child under 16, please contact us at tova@topdigitalagency.com.au, so that we may delete the information.

c. Resolving Disputes

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please feel free to contact us directly at tova@topdigitalagency.com.au. We are committed to resolving any concerns regarding your privacy and our collection or use of your Personal Data.