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Please view our terms of service & privacy policy below.

Privacy Policy

 

This Privacy Policy describes how we – Tier One Professionals b.v. (together with its affiliates companies – “Top Tree”, “we”, “our” or “us”) collect, store, use and disclose personal data regarding individuals (“you”) who: (i) visit or otherwise interact with our websites (“Visitors”), available at www.Top Tree.com, or any other website, webpage, e-mail, text message or online ad under our control (collectively – “Sites”); (ii) use our cloud-based visual work management platform, via the Sites, or the Top Tree desktop or mobile applications, addons or extensions (the “Users”; and together with the Sites – the “Service”).

 

Additional Notices

Your privacy is important to us, and we are strongly committed to making our practices regarding your personal data more transparent and fairer. Please read this Privacy Policy carefully and make sure that you fully understand and agree to it.

 

You are not legally required to provide us with any Personal Data (defined below) and may do so (or avoid doing so) at your own free will.

 

If you do not wish to provide us with such Personal Data, or to have it processed by us or any of our Service Providers (defined below), please simply do not enter our Sites or use our Service. You may also choose not to provide us with “optional” Personal Data, but please keep in mind that without it we may not be able to provide you with the full range of our services or with the best user experience when using our Service.

 

This Privacy Policy forms part of our Terms of Service (“Terms”). Any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Terms.

 

  1. Data Collection

 

We do not collect, use or share User data with third parties, or via service integration or via Analytics tools.

 

We only store and use data provided by our users for the usage of the Top Tree services and not for other purposes. To be able to send push notifications we retrieve the unique device number via a specific software plugin. This id is only used for this functionality.

 

 

User Data received from you: When you contact us or sign up to the Service and create your individual profile (“User Profile”), you may provide us with Personal Data. This includes your name, workplace and position, contact details (such as e-mail, phone and address), account login details (e-mail address and passwords which are automatically hashed), as well as any other data you choose to provide when you use our Service, contact us, or interact with others via our Service. For example, you may connect your Google account when you sign up or login to the Service, and thereby provide us with your name, e-mail address, image and other details listed on your profile there. You may also provide us with your profile photo, location, time-zone, skills, device, general location, and activity logs and data; as well as your preferences, characteristics and objectives for using the Service (collectively, “User Data”).

 

You may also send us a “Contact Us” or support requests, or provide us with feedback, reviews, or answers to surveys or promotions, including by submitting an online form on our Service or social media channels, by posting on any of our online public forums or communities, by sending an e-mail to any of our designated addresses, or any other form of communication. Such data may include details on a problem you are experiencing, contact information and any other documentation, screen recording, screenshots or other information.

 

Our Customers may provide us with additional User Data such as their billing details, business needs and preferences. To the extent that such data concerns a non-human entity (e.g. the bank account of a company or business), we will not regard it as “Personal Data” and this Privacy Policy will not apply to it.

 

Customer Data containing Personal Data: Users may choose to upload or submit to our Service certain content, materials and data on behalf of their Account owner (our Customer), which includes Personal Data (e.g., by uploading the Customer’s clients or employees’ directories) (collectively “Customer Data”). Personal Data which is included in Customer Data will only be processed by Top Tree on behalf of our Customer (who owns the Customer’s Account), in accordance with our Data Processing Addendum (to the extent applicable), other agreements with such Customer, and this Privacy Policy.

 

User Data received from our Customers and Users: Customers and Users may provide us with the contact details of their employees, team members and colleagues, in order for us to contact, invite or subscribe them as Users to our Service. Such data typically includes these individuals’ names, phone numbers and work e-mails, however additional data may be provided at the discretion of those providing it. For the purposes of this Privacy Policy, this data will also be regarded as “User Data”.

 

 

  1. Data Uses

 

We use Personal Data to provide, improve and secure our Service; for analytics, marketing and sales purposes; to comply with applicable laws; and to support our legitimate interests.

 

We use Personal Data as necessary for the performance of our Service; to comply with our legal and contractual obligations; and to support our legitimate interests in maintaining and improving our Service, e.g. in understanding how our Service are used and how our campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising and selling our Service to you and others; providing customer service and technical support; and protecting and securing our Users, Customers, Visitors, ourselves and our Service.

 

If you reside or are using the Service (i) in a territory governed by privacy laws which determine that “consent” is the only or most appropriate legal basis for processing Personal Data (in general, or specifically with respect to the types of Personal Data you choose to share via the Service), your acceptance of our Terms and of this Privacy Policy will be deemed as your consent to the processing of your Personal Data for all purposes detailed in this Privacy Policy. If you wish to revoke such consent, please contact us by email at support@Top Tree.com.

 

Specifically, we use Personal Data for the following purposes:

 

  1. To facilitate, operate, and provide our Service;
  2. To authenticate the identity of our Users, and to allow them to access our Service;
  3. To provide our Visitors, Users and Customers with assistance and support;
  4. To gain a better understanding on how Visitors and Users evaluate, use and interact with our Service, and how we could improve their and others’ user experience, and continue improving our products, offerings and the overall performance of our Service;
  5. To facilitate and optimize our marketing campaigns, ad management and sales operations, and to manage and deliver advertisements for our products and services more effectively, including on other websites and applications. Such activities allow us to highlight the benefits of using our Service, and thereby to increase your engagement and overall satisfaction with our Service. This includes contextual, behavioral and interests-based advertising based on the Visitor’s or User’s activity, preferences or other data available to us;
  6. To explore and pursue growth opportunities by facilitating a stronger local presence and tailored experiences, including through partnerships with local distributers, resellers and providers of professional services related to our Service;
  7. To contact our Visitors, Users and Customers (whether existing or prospective) with general or personalized service-related messages, as well as promotional messages that may be of specific interest to them (as further described in Section ‎6 below);
  8. To facilitate, sponsor and offer certain events, contests and promotions;
  9. To publish your feedback and submissions to our public forums and blogs;
  10. To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
  11. To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we may use to provide and improve our respective services, or for any other purpose; and
  12. To comply with applicable laws and regulations.

 

We do not sell your personal information for the intents and purposes of the California Consumer Privacy Act (CCPA).

 

  1. Data Location & Retention

 

We store your data on a hosting platform provided by our hosting provider in the Netherlands, for as long as necessary in accordance with our reasonable business needs (as necessary for the performance of our Service or for supporting and exercising our legitimate interests); and in accordance with our legal obligations.

 

Data Location: We (defined below) maintain, store and process Personal Data in the as reasonably necessary for the proper performance and delivery of our Service, or as may be required by law.

 

Tier One Professionals b.v is headquartered in the Netherlands, a jurisdiction which is considered by the European Commission to be offering an adequate level of protection for the Personal Data of EU Member State residents. While privacy laws may vary between jurisdictions, Top Tree, its affiliates are each committed to protect Personal Data in accordance with this Privacy Policy, customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction from which such data originated.

 

Notwithstanding the foregoing, Customer Data may only be processed in such locations as permitted in our Data Processing Addendum and other commercial agreements with such Customer.

 

Data Retention: We will retain your Personal Data for as long as it is reasonably necessary in order to maintain and expand our relationship and provide you with our Service and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy.

 

Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your Personal Data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by e-mail at support@Top-Tree.com.

 

  1. Data Sharing

 

We do not share your data (& feedback) with other companies; other customers; in accordance with legal compliance.

 

Legal Compliance: In exceptional circumstances, we may disclose or allow government and law enforcement officials access to your Personal Data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect the security or integrity of our products and services.

 

Sharing Personal Data with our Customers and other Users: As part of creating contacts between users, the first and last names will be visible next to the username, to other users you will be connected to.

User data, like tasks and subtasks, created within a theme are shared with all users authorized within the theme.

Other user data then specified above, is not visible to other users of the Top Tree services.

 

Community Forum: Our Sites include public blogs or forums, such as Top Tree Community. Any information you submit on these forums, blogs and communities – including profile information associated with the Account you use to post the information – may be read, collected, and used by others who access these Sites. Due to the nature of such public forums, your posts and certain profile information may remain visible to all even after you terminate your Account. To request removal of your information from publicly accessible Sites operated by us, please contact us as provided in Section ‎10 below. 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 and why.

 

Protecting Rights and Safety: We may share your Personal Data with others if we believe in good faith that this will help protect the rights, property or personal safety of Top Tree, any of our Users or Customers, or any members of the general public.

 

Top Tree Subsidiaries and Affiliated Companies: We may share Personal Data internally within our group, for the purposes described in this Privacy Policy. In addition, should Top Tree or any of its subsidiaries or affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Data may be shared with the parties involved in such an event. If we believe that such change in control might materially affect your Personal Data then stored with us, we will notify you of this event and the choices you may have via e-mail or prominent notice on our Service.

 

For the avoidance of doubt, Top Tree may share your Personal Data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal and anonymous. We may transfer, share or otherwise use non-personal data at our sole discretion and without the need for further approval.

 

  1. Cookies and Tracking Technologies

 

As our software is created build on HTML based software, we use the local browser to store specific temporary required data to ensure our services work properly. We never store passwords or other user data, except for your username. This information are not stored in cookies, but in the local browser cache. Deleting the browser cache removes all locally stored data. In principle this data is only accessible for our application, but is depending on the security of the operating system the Top Tree services is installed on.

 

 

  1. Communications

 

We engage in service and promotional communications, through e-mail, phone, SMS and notifications.

 

Service Communications: We may contact you with important information regarding our Service. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Service, billing issues, service changes, log-in attempts or password reset notices, etc. Our Customers, and other Users on the same Account, may also send you notifications, messages and other updates regarding their or your use of the Service. You can control your communications and notifications settings from your User Profile settings. However, please note that you will not be able to opt-out of receiving certain service communications which are integral to your use (like password resets or billing notices).

 

Promotional Communications: We may also notify you about new features, additional offerings, events and special opportunities or any other information we think our Users will find valuable. We may provide such notices through any of the contact means available to us (e.g. phone, mobile or e-mail), through the Service, or through our marketing campaigns on any other sites or platforms. If you do not wish to receive such promotional communications, you may notify Top Tree at any time by sending an e-mail to support@Top-Tree.com, changing your communications preferences in your User Profile settings, or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.

 

  1. Data Security

 

We secure your Personal Data using industry-standard physical, procedural and technical measures.

 

In order to protect your Personal Data held with us, we are using industry-standard physical, procedural and technical security measures, including encryption as appropriate. However, please be aware that regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us as described in Section 4 above.

 

  1. Data Subject Rights

 

Individuals have rights concerning their Personal Data. You may exercise your rights by contacting us.

 

If you wish to exercise your rights under any applicable law, including the EU General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), such as the right to request access to, and rectification or erasure of your Personal Data held with Top Tree, or to restrict or object to such Personal Data’s processing, or to port such Personal Data, or the right to equal services and prices (each to the extent available to you under the laws which apply to you) – please contact us by e-mail at support@Top-Tree.com.

 

Please note that once you contact us by e-mail, we may instruct you on how to fulfill your request independently through your User Profile settings; or may require additional information and documents, including certain Personal Data, in order to authenticate and validate your identity and to process your request. Such additional data will be then retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request), in accordance with Section 3 above.

 

If you would like to make any requests or queries regarding Personal Data we process on your Account owner’s (our Customer’s) behalf, please contact the Account’s Admin directly. For example, if you are a User who wishes to access, correct, or delete data processed by Top Tree on behalf of a Customer, please direct your request to the relevant Customer (who is the “Data Controller” of such data – see Section ‎9).

 

  1. Data Controller/Processor

 

We are the Controller of our Visitors’ and Customers’ Personal Data, and certain types of User Data; we are the Processor of any Personal Data contained in Customer Data, and of User Data processed on behalf of our Customer.

 

Certain data protection laws and regulations, such as the GDPR or the CCPA, typically distinguish between two main roles for parties processing Personal Data: the “Data Controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “Data Processor” (or under the CCPA, “service provider”), who processes the data on behalf of the Data Controller (or business). Below we explain how these roles apply to our Service, to the extent that such laws and regulations apply.

 

Top Tree is the “Data Controller” of its Visitors’ and Customers’ Personal Data, as well as User Data consisting of profile and contact details, as well as usage, preferences, engagement and analytics data. With respect to such data, we assume the responsibilities of Data Controller (solely to the extent applicable under law), as set forth in this Privacy Policy. In such instances, our Service Providers processing such data will assume the role of “Data Processor”.

 

If any of our Users upload or submit Customer Data or other content to our Service which includes Personal Data (e.g., by submitting their own clients’ contact details to one of their Boards), such data will only be processed by Top Tree on behalf of our Customer, which is the owner of the respective Account, along with all other User Data processed on such Customer’s behalf.

 

In such instances, our Customer shall be deemed the “Data Controller” of such data, and Top Tree will process such data on the Customer’s behalf, as its “Data Processor”, in accordance with its reasonable instructions, subject to our Terms, our Data Processing Addendum with such Customer (to the extent applicable) and other commercial agreements. Top Tree’s Service Providers shall act as designated Sub-Processors in these instances. The Customer will be responsible for meeting any legal requirements applicable to Data Controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).

 

  1. Additional Notices

 

We may update this policy from time to time; we are not responsible for other websites’ or services’ privacy practices.

 

Updates and Amendments: We may update and amend this Privacy Policy from time to time by posting an amended version on our Service. The amended version will be effective as of the date it is published. When we make material changes to this Privacy Policy, we’ll provide Users with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending an email. Your continued use of the Service after the changes have been implemented will constitute your acceptance of the changes.

 

External Links: While our Service may contain links to other websites or services, we are not responsible for their privacy practices. We encourage you to pay attention when you leave our Service for the website or application of such third parties, and to read the privacy policies of each and every website and service you visit. This Privacy Policy applies only to our Service.

 

Our Service is not designed to attract children under the age of 16: We do not knowingly collect Personal Data from children and do not wish to do so. If we learn that a person under the age of 16 is using the Service, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any Personal Data stored with us with regard to such child. If you believe that we might have any such data, please contact us by e-mail at support@Top-Tree.com.

 

 

Questions, concerns or complaints: If you have any comments or questions regarding our Privacy Policy, or if you have any concerns regarding your Personal Data held with us, please contact Top Tree’s support at support@Top-Tree.com.

 

Effective Date: March 13, 2021

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