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.
This section 8 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.
California Privacy Addendum
Privacy Statement Addendum for California Residents
Effective Date: January 2, 2023
This Privacy Statement Addendum for California Residents (the “California Privacy Addendum”) supplements the information contained in our Privacy Statement and describes Toptech Systems’ collection and use of Personal Information (as defined below). This California Privacy Addendum applies solely to all visitors, users, and others who reside in the State of California (“Consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (collectively, the “CPRA”) and any terms defined in the CPRA have the same meaning when used in this notice.
This California Privacy Addendum applies to information that we collect on our Website that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your device (“Personal Information”). However, publicly available information that we collect from government records and deidentified or aggregated information (when deidentified or aggregated as described in the CPRA) are not considered Personal Information and this California Privacy Addendum does not apply to such information.
This California Privacy Addendum does not apply to employment-related Personal Information collected from our California-based employees, job applicants, contractors, or similar individuals (“Personnel”). Please contact your local human resources department if you are part of our California Personnel and would like additional information about how we process your Personal Information.
Toptech Systems collects, and over the prior twelve (12) months have collected, the following categories of Personal Information about Consumers:
|Category||Applicable Pieces of Personal Information Collected|
|A. Identifiers.||A real name; alias; postal address; unique personal identifier; online identifier; Internet Protocol address; email address; and other similar identifiers.|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name; address; and telephone number.
Some Personal Information included in this category may overlap with other categories.
|D. Commercial information.||Records of personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.|
|F. Internet or other similar network activity.||Log information, device information, and information collected by cookies and other tracking technologies described in our Privacy Statement.|
|G. Geolocation data.||IP-based physical location or movements that may only identify your location to a geographic region, such as a town, city, or state. This information may be used for network security purposes and cannot be used to locate your exact location.|
Toptech Systems will not collect additional categories of Personal Information without providing you notice. As further described in To Whom Do We Sell or Share Your Personal Information, we do not “sell” any categories of Personal Information for monetary or other valuable consideration and we do not “share” any categories of Personal Information for cross-context behavioral advertising.
We collect Personal Information about you from the sources described in our Privacy Statement.
We only use your Personal Information we collect, and over the prior twelve (12) months, have used the Personal Information we collected, for the purposes described in our Privacy Statement. Toptech Systems does not use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Toptech Systems may disclose your Personal Information to third parties for one or more business purposes. When we disclose Personal Information to non-affiliated third-parties for a business purpose, we enter a contract that describes the purpose, requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the specific business purposes for which the Personal Information was disclosed, and requires the recipient to otherwise comply with the requirements of the CPRA.
In the preceding twelve (12) months, Toptech Systems has disclosed the following categories of Personal Information for one or more of the business purposes described below to the following categories of third parties:
|Personal Information Category||Categories of Non-Service Provider and Non-Contractor Third Party Recipients|
|A. Identifiers.||Service Providers; affiliates, parents, and subsidiary organizations of IDEX; business partners; government entities (such as tax authorities); and other advisors (such as accounting and legal advisors).|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||Service Providers; affiliates, parents, and subsidiary organizations of IDEX; business partners; government entities (such as tax authorities); and other advisors (such as accounting and legal advisors).|
|D. Commercial information.||Service Providers; affiliates, parents, and subsidiary organizations of IDEX; business partners; government entities (such as tax authorities); and other advisors (such as accounting and legal advisors).|
|F. Internet or other similar network activity.||Service Providers; affiliates, parents, and subsidiary organizations of IDEX; advertisers and advertising networks; social media companies; Internet cookie information recipients, such as analytics and behavioral advertising services; and government entities.|
|G. Geolocation data.||Service Providers; affiliates, parents, and subsidiary organizations of IDEX; Internet cookie information recipients, such as analytics and behavioral advertising services; and government entities.|
We disclose your Personal Information to the categories of third parties listed above for the following business purposes:
In addition to the above, we may disclose any or all categories of Personal Information to any third-party (including government entities and/or law enforcement entities) as necessary to:
“Sale” of Your Personal Information for Monetary or Other Valuable Consideration
In the preceding twelve (12) months, Toptech Systems has not “sold” Personal Information (including any Personal Information for minors under the age of 16) for either monetary or other valuable consideration.
“Sharing” of Your Personal Information for Cross-Context Behavioral Advertising
In the preceding twelve (12) months, Toptech Systems has not “shared” Personal Information (including any Personal Information for minors under the age of 16) for the purpose of cross-context behavioral advertising.
The CPRA provides Consumers with specific rights regarding their Personal Information. This section describes your CPRA rights and explains how to exercise those rights. You may exercise these rights yourself or through your Authorized Agent. For more information on how you or your Authorized Agent can exercise your rights, please see Exercising Your CPRA Privacy Rights.
Exercising Your CPRA Privacy Rights
To exercise the rights described above, please submit a request (a “Consumer Request”) to us by either:
If you (or your Authorized Agent) submit a Consumer Request to delete your information online, we will use a two-step process in order to confirm that you want your Personal Information deleted. This process may include verifying your request through your email address on record, calling you on your phone number on record (which may include an automated dialer), sending you a text message and requesting that you text us a confirmation, sending you a confirmation through US mail. By making a Consumer Request, you consent to us contacting you in one or more of these ways.
If you fail to make your Consumer Request in accordance with the ways described above, we may either treat your request as if it had been submitted with our methods described above or provide you with information on how to submit the request or remedy any deficiencies with your request.
Only you, or your Authorized Agent that you authorize to act on your behalf, may make a Consumer Request related to your Personal Information. To designate an Authorized Agent, see Authorized Agents below.
All Consumer Requests must:
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm which Personal Information relates to you or the individual for whom you are making the request as their Authorized Agent.
Making a Consumer Request does not require you to create an account with us.
We will only use Personal Information provided in a Consumer Request to verify the requestor’s identity or authority to make the request.
You may authorize your agent to exercise your rights under the CPRA on your behalf by registering your agent with the California Secretary of State or by providing them with power of attorney to exercise your rights in accordance with applicable laws (an “Authorized Agent”). If you authorize an Agent, we may request that your Authorized Agent submit proof of identity and that they have been authorized exercise your rights on your behalf. We may deny a request from your Authorized Agent to exercise your rights on your behalf if they fail to submit adequate proof of identity or adequate proof that they have the authority to exercise your rights.
Response Timing and Format
We will confirm our receipt of your Consumer Request within ten (10) business days of its receipt. We will generally process these requests within forty-five (45) calendar days of its receipt. If we require more time (up to an additional 45 calendar days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
In response to a Right to Know or Data Portability Consumer Request, we will provide you with all relevant information we have collected or maintained about you on or after January 1, 2022, unless an exception applies. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability Consumer Request, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your Consumer Request unless it is excessive, repetitive, or manifestly unfounded. We reserve the right to consider more than two (2) total Right to Know or Data Portability Consumer Requests (or combination of the two) in a twelve (12) month period to be repetitive and/or excessive and require a fee. If we determine that your Consumer Request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We do not collect any Sensitive Personal Information as defined under the CPRA.
We delete or anonymize your Personal Information when no longer required for purpose or purposes for which we collected it.
In general, we store your Personal Information for the duration of the usage or contractual relationship via the Website plus a period of [15 days] for security purposes
In the event you have given us your consent to process your Personal Information (e.g., for marketing purposes including associated profiling), we will store your Personal Information until you revoke your consent or the processing purpose does not apply anymore. Other California Privacy Rights
For the retention period of cookies and other tracking technology, please refer to the details in our Toptech Systems cookie notice, available https://toptech.com/privacy-statement/cookie-notice/.
After the periods described above has expired, your Personal Information will be erased unless the Personal Data is required for a longer period of time, such as for legal retention periods, alternative purposes, or for criminal prosecution. Beyond these retention periods, we may also retain the Personal Data for the purposes of legal defense and law enforcement for as long as 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 Personal Data is stored for these reasons, it will be blocked for all other uses.
Toptech Systems reserves the right to amend this California Privacy Addendum at our discretion and at any time. When we make changes to this California Privacy Addendum, we will post the updated addendum on the Website and update the addendum’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this California Privacy Addendum, the ways in which Toptech Systems collects and uses your information described above and in https://toptech.com/privacy-statement/, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
To Contact Toptech Systems:
Phone: +1 (407)332-1774
Postal Address: Toptech Systems
1124 Florida Central Pkwy.
Longwood, FL 32750
To Contact IDEX:
Postal Address: IDEX Corporation
Attn: Legal Department: Compliance/Privacy
3100 Sanders Road, Suite 301
Northbrook, IL 60062, USA