This Privacy Statement (“Statement”) explains how personal data is collected, used and disclosed by Toptech Systems, Inc., its subsidiaries and affiliated companies such as Toptech Systems NV, (please see Annex https://www.idexcorp.com/affiliates-list/ for all legal entities), (collectively, “Toptech”, “Company”, “we”, “us” or “our”) when users access and use the services and features offered on our website (www.toptech.com) and any of our other websites that link to this policy (the “Sites”). Toptech respects your privacy, and this statement covers Toptech’s processing, protection, transfer and use of information collected from you through the Site.
This privacy statement refers only to the processing of personal data of visitors to our websites. It is supplemented by the Toptech Business Contact Privacy Notice, Toptech SaaS Privacy Notice and the Toptech Job Applicant Privacy Notice applicable to the European Toptech businesses which specifically relate to the processing of personal data of business contacts or applicants, respectively.
Users from different countries and states may visit the Sites. Sections 1 to 6 of this Statement applies to all users. Depending on your place of residence, further sections may apply to you which is then stated for the respective section.
We collect the following information on our website:
When you access or use our Sites, we automatically collect the following information, which is stored separate from other data that you may provide to us. We use this information to provide the Sites to you, deduce statistical and anonymous information about the users of the Sites and for the technical administration and the security of the Sites:
We also collect information you provide directly to us. For example, when you visit the Sites, we collect information when you send us an e-mail, subscribe to our newsletter, message us via LinkedIn, participate in any interactive features of the Sites (e.g. contact us through our website or provide general feedback). The types of information we may collect include your full name, company name, email address and any other information you choose to provide. We collect this information for offering the function that you use, respectively.
We may use information about you for various purposes, including:
We may share information about you as follows or as otherwise described in this Website Privacy Statement and in each case only in accordance with applicable law. Possible recipients or categories of recipients of your personal data are:
Toptech takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
As Toptech operates internationally, we may need to make your information available to companies and/or branches within our group, which may be located outside of the U.S., including in countries which may not provide the same level of protection of your information as in your home jurisdiction.
By accessing or using the Sites or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and to other countries.
You may at any time review or ask for the rectification or removal of your information by contacting us at privacy@IDEXcorp.com However, note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Most web browsers are set to accept cookies by default. You can block cookies by activating the setting on your web browser that allows you to refuse the setting of all or some cookies. These settings are usually found in the ‘options’ or ‘preferences’ menu of your web browser. In order to understand these settings or get further information, refer to the documentation provided by the provider of the web browser you are using. For further information about deleting or blocking cookies, please visit: www.allaboutcookies.org. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our Sites or perform certain functionalities of the Sites. For additional details about the cookies used in our Sites, please visit our Toptech Cookie Notice.
You may opt out of receiving promotional emails or messages from Toptech by following the instructions in those emails or messages or by using other tools we may make available or by emailing us at firstname.lastname@example.org. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing service relationship.
Toptech does not sell any California Information, and will, to the extent required by the California Laws, disclose, delete or take any other action with respect to any California Information. A resident of California may request (a “California Request”) pursuant to the California Laws, among other things, that Toptech:
(i) The categories of California Information relating to such resident that are collected by Toptech;
(ii) The categories of sources from whom or which California Information relating to such resident is collected by Toptech;
(iii) The purposes for Toptech’s collecting California Information relating to such resident;
(iv) The categories of third parties to whom or which Toptech transfers California Information relating to such resident;
(v) The specific pieces of California Information relating to such resident collected by Toptech; and
(vi) If California Information is disclosed for a business purpose to a third party, the categories of such California Information relating to such resident that are disclosed for a business purpose, and the categories of third parties to whom or which such California Information are disclosed for a business purpose; and
A California Request (a) can only be made twice in a 12-month period, (b) will require the collection of certain information by Toptech to verify the identity of such resident, and (c) must be submitted to Toptech as set forth in Section 8.10. Toptech will respond to any such request within 45 days after receiving such information.
The California Laws require certain additional disclosures that can be found at this link: California Privacy Disclosures. Toptech will not discriminate against a resident of California for exercising any right of such resident under the California Laws, except as permitted under the California Laws.
This policy shall be governed by, and construed and interpreted in accordance with, (a) in the case of Shield Information, and solely to the extent required by the Privacy Shield Principles, the Privacy Shield Principles, (b) in the case of California Information, and solely to the extent required by the California Laws, the California Laws, (c) any other applicable privacy law solely to the extent required by such law, and (d) in all other cases, the laws of the state of Florida, without regard to its principles of conflict of laws. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the latter shall control.
Except as set forth in Section 8.5, any complaint by you regarding any Collected Information, or otherwise relating to this policy, must first be submitted to Toptech as set forth in Section 8.10, and Toptech must be given a reasonable opportunity of not less than 30 days to investigate and respond to your complaint. Upon Toptech’s completing such investigation and so responding, Toptech and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 30 days, you may commence litigation against Toptech in connection with the unresolved portion of your complaint only in a court located in Seminole County, Florida, and having subject matter jurisdiction over your complaint. You consent to any such court’s being, and waive any objection (including, but not limited to, any such objection based on inconvenience) to such court’s not being, a proper venue for your complaint.
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
Toptech may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with the Privacy Shield Principles, the California Laws or any other applicable law. Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by Toptech after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy.
Except as provided in this policy, the Privacy Shield Principles or any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing your rights under this policy.
If you (a) desire to make a California Request, or (b) have any questions or complaints, desire additional information, or need to notify Toptech of anything, relating to this policy, please promptly contact Toptech using one of the methods set forth below:
Regular mail: Toptech Systems, Inc.
Attn: Director of Finance
1124 Florida Central Parkway
Longwood, Florida 32750
Toptech Systems NV
Nieuwe Weg 1 – Haven 1053
B-2070 Zwijndrecht / Belgium
Toll-free phone no.: 1-800-208-0547
This section 9 applies to residents of United Kingdom and the European Economic Area, i.e. the European Union plus Iceland, Norway and Lichtenstein.
The data controller pursuant to Art. 4 No. 7 General Data Protection Regulation (Regulation (EU) 2016/679 “GDPR”) is Toptech Systems, Inc., a company with its principal place of business at 1124 Florida Central Parkway, Longwood, Florida 32750
Toptech Systems, Inc.
1124 Florida Central Pkwy
Longwood, Florida 32750
+1 (407) 332-1774
Our Data Protection Officer can be contacted here:
As described in sections 2 and 3 of this Statement we process personal data for different purposes. The legal bases according to the GDPR for such processing are listed below (Please see our separate Toptech Cookie Notice for information about processing of data derived from cookies):
|Processing purposes||Lawful basis|
|· Learn about our Sites users’ browsing pattern and the performance of our website(s)||We only process this kind of cookie data if you have given us your prior consent (Art. 6 (1) (a) GDPR).|
|· Interaction with social media||These data are processed on the basis of statutory regulations, which allow us to process personal data to the extent necessary for the use of a service (i.e. Article 6 (1)(b) GDPR) or because we have a predominant legitimate interest in making the use of our website as easy and efficient as possible (e.g. Article 6 (1)(f) GDPR).|
|· Providing our Sites to our users
· Maintaining and improving our Sites
· Providing and improving our customer service, including responding to your comments, questions and requests (e.g. product queries or technical questions)
· Processing employment inquiries
· Learning about how our products and services may be used
|This data is processed on the basis of statutory provisions which allow us to process personal data to the extent necessary for the use of a service or the performance of a contract (Art. 6 (1) (b) GDPR), any processing for these purposes that is not necessary for the use of our website and the functions provided on the website is necessary for pursuing our or a third party’s legitimate interests which are not overridden by the interests or fundamental rights and freedoms of the users which require the protection of personal data (Art. 6 (1) (f) GDPR). Insofar as the processing is based on our legitimate interests, such interests are running a stable and efficient website, having a good customer service, employing people, making our business processes more efficient and improving our business and services.|
|· Analyzing and managing our business through site access or use of any Software that is licensed as “software as a service” or otherwise hosted by Toptech
· Improving our IT security
· Defending our legal interests, e.g. when claiming remedies of attacks on our website
· Establishing and managing our business relationship, e.g. when you as a customer contact us via one of the Sites and we connect this request to your business account
|The personal data is processed for pursuing our or a third party’s legitimate interests which are not overridden by the interests or fundamental rights and freedoms of the users which require the protection of personal data (Art. 6 (1) (f) GDPR). The legitimate interests are running a user-friendly website, improving our offers by tailoring our offers to the individual user, running a secure and stable website, making our business processes more efficient and pursuing our legal rights. Analytical Information will only be used by Toptech (a) to record your use of the Site or any Software, (b) to diagnose problems with the Site or any Software, (c) to improve the Site or any Software and make the Site or such Software, as applicable, more useful to you and other users. Toptech will collect Analytical In-formation either directly or by third par-ties acting on its behalf.|
|· Communicating with you about services, offers, promotions, rewards, and events offered by Toptech and others||Depending on the individual case, such communication can be based on different legal bases. We might provide you with certain information based on a declaration of consent (i.e. Art. 6 (1) (a) GDPR), we might also provide you the information because you have subscribed to a specific service in which case the processing is necessary for the performance of a contract with you (i.e. Art. 6 (1) (b) GDPR). Certain communication might also be based on our legitimate interest to provide tailored marketing information to the users of the Sites (i.e. Art. 6 (1) (f) GDPR)|
|· Carrying out any other purpose described to you at the time the information was collected||The legal basis will depend on the individual case.|
We delete or anonymize your personal data as soon as it is no longer required for the purpose for which we processed it.
In general, we store your personal data for the duration of the usage or the contractual relationship via the website plus a period of 90 days for IT security purposes. We store general web log files for a period of one year and for analytical information, we store the data for three years.
In the event that you have given us your consent to process your data (e.g. for marketing purposes including the associated profiling), we will store your data until you revoke your consent or the processing purpose does not apply anymore.
For the retention period of cookies and other tracking, please refer to the details in our Toptech Cookie Notice.
After these periods have expired, the data will be erased unless this data is required for a longer period due to legal retention periods, alternative purposes or for criminal prosecution. Beyond these retention periods, we may retain the data for the purposes of legal defense and law enforcement for as long as is necessary for the preparation or execution of a possible legal dispute (usually up to four years, whereby the legal dispute itself may inhibit the course of this period). If data can be stored for these reasons, it will be blocked. The data will then no longer be available for further use.
In general, all data collected on the Sites is processed by Toptech Systems, Inc or its parent company IDEX, i.e. a company located outside the EU/EEA. If and when transferring your personal data to which the GDPR applies onwards outside the EU/EEA, we will do so using one of the following safeguards:
International transfers within IDEX Group and Affiliates are governed by safeguards according to Art. 44 ff GDPR, namely EU Commission approved Standard Contractual Clauses for Controllers (as defined under the GDPR) and, where relevant, for Processors (as defined under the GDPR), extended by additional safeguards according to the European Court of Justice findings in Schrems-II. You may receive a copy of these data protection safeguards by contacting us at the contact details given above.
You may request a copy of the standard contractual clauses or other applicable safeguards by contacting privacy@IDEXcorp.com
The applicable data protection law, especially the GDPR, provides you with certain rights in relation to the processing of your personal data. These rights are subject to various conditions under applicable data protection and privacy legislation.
All such requests may be sent to privacy@IDEXcorp.com
Those rights include
RIGHT OF OBJECTION. YOU HAVE THE RIGHT; FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA ON THE BASIS OF ART. 6 (1) (e) OR (f) OF THE GDPR. WE WILL STOP PROCESSING YOUR PERSONAL DATA UNLESS WE CAN PROVE COMPELLING REASONS FOR PROCESSING WORTHY OF PROTECTION WHICH OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
You are under no contractual or statutory obligation to provide personal data. However, if you do not provide the personal data we require to process your request (e.g. when you contact us with questions about our products), we may not be able to respond to such request.
No automated decision-making as referred to in Art. 22 GDPR occurs on the Sites.