WEBSITE PRIVACY POLICY

Welcome to www.TMDMalvern.com and other affiliated domains www.TMDMainStreet.com, www.TMDMainLine.com and www.BrightIdeasForWebsites.com (collectively the “Website”) owned and operated by TMD Services LLC, a Pennsylvania limited liability company (the “Company”). This Website Privacy Policy (this “Privacy Policy”) governs your use of the Website and the Company’s use of your private information.

Your privacy is important to us. It is the Company’s policy to respect your privacy regarding any information we may collect from you across our Website, and other sites we own and operate.

This policy is effective as of 23 May 2018, as revised 9 December 2019.

This Privacy Policy creates a binding legal agreement between you and the Company, and your access to the Website is subject to this Privacy Policy. By using the Website, you are accepting and agreeing to the terms of this Privacy Policy. The Company reserves the right to update and change this Privacy Policy by posting updates and changes to the Website. You are advised to check the Privacy Policy from time to time for any updates or changes.  Should any modifications be unacceptable to you, your sole recourse is to discontinue use of the Website.

The following describes the Privacy Policies on how we collect, use, and delete data:

European Union Resident Declaration
If you are a resident of the European Union (EU) you are expected to identify yourself as such when providing any personally identifiable information on the Website, our Marketing Automation software, or our Email Marketing software.

Blog Subscription Data Collection
The Website incorporates a Blog at Blog.TMDMalvern.com.  Visitors to the Website may, at their discretion, subscribe to the Blog by leaving their email address.  By subscribing, you are opting in to receive an email notification whenever a new Blog is posted to the Website.

Subscribers may unsubscribe by sending an email to tmdmalvern(at)tmdworldwide(dot)com and request to be unsubscribed.

Readers of the Blog may enter in a comment. Readers can request to see how others are commenting on the Blog. We do not track comments and do not use any contact information garnered from a comment. The comment option is provided only as a service to our readers.

Business Email Account and Contacts
If we elect to communicate with you via email, we will post your email address (and other personally identifiable information) into our email system operated by Gmail. You may request to be removed from our email system by sending an email to tmdmalvern(at)tmdworldwide(dot)com.

View Google’s Gmail Privacy Policy

Server Log, User Behavior and Tracking Mechanism

The Company uses certain generic visitor information to better understand how visitors use the Website.  When you visit the Website, the Company may send one or more cookies, beacons, tags, and scripts, which are small files containing a string of characters, to your hard drive or internet connected device, which uniquely identifies your browser and possibly other insights such as your location, IP address, etc.. Any use of such tracking mechanisms by the Company will be solely for the purpose of improving the quality of the Website by storing visitor preferences and tracking visitor trends. Most browsers initially default to accept cookies, but you can reset your browser to refuse all cookies, or to alert you when a cookie is being sent. Your ability to use some of the features of the Website may be limited by refusing such mechanisms.

When you visit our Website, the third-party servers used to host our Website, HubSpot Marketing Automation server and Google Analytics (if installed), may automatically log the standard data provided by your web browser. This data is considered “non-identifying information” as it does not personally identify you on its own. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.

We may also collect data about the device you are using to access our Website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

This data may be accessed and used by third parties to authenticate users and track their online behavior (e.g., Google Analytics, HubSpot Marketing Automation Software, or MailChimp Email Software’s built-in Analytics).  While we rely on these software products, we do not directly sell or offer any information to them, and as subscribers of their services, are subject to their independent Privacy Policies and Terms of Use.

Website and Email Contact Forms

When visitors contact us via Contact Us form or Lead form on our Website, the information is sent to us via email and may be stored on our email servers, Website database server, the servers used to operate our HubSpot Marketing Automation Software, or transferred to an email marketing platform, currently MailChimp. We retain user contact and other information submitted on the form only for the purpose of responding to users regarding their inquiry.

When you contact us through our contact form or lead form, we may collect different information depending on the purpose of the form.  Typically we receive your name, email address, phone number, and any other information you have filled in on the form relevant to the inquiry.

We use this information only for private communication with you for the purpose you have communicated with us. We do not sell this information to any third party.  We retain user contact and other information submitted on the form only for the purpose of responding to users regarding their inquiry. We do not use contact form submissions for marketing purposes except as noted below to communicate product or services information.  Sending us an email directly to our email address or through our Website form(s) means you consent to receiving email replies from us and other information about our company, products, or services.

This information is stored on our mail server, Website database server, or on the Marketing Automation Software server and is routinely purged at the Company’s discretion or upon the originator’s request.

If you enter into a business relationship with us, we retain your contact information for as long as is legally required for contract, accounting, billing, and support purposes, which may extend beyond the term of the contract activity.

View privacy policy: MailChimp and HubSpot

Embedded Content

Articles on this Website may include embedded content (e.g. videos, images, links to other articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

The Company does not monitor, evaluate, or provide any assurances regarding the privacy policies of these third-party websites of the embedded content, nor is the Company responsible for the collection of your data by such third-party websites.

Data Collection for Online Payment Processing
The Website does not incorporate or facilitate any form of online payment, and therefore does not collect any identifying information related to an online transaction to purchase goods and services.

Website and Database Backups
Our website, email files and database files may from time to time be backed-up to Drop Box, Google Drive cloud storage and/or to GoDaddy or other Website Hosting Servers to allow restoration of files to prevent disruption of service and maintain utilization.  The Company does not monitor, evaluate, or provide any assurances regarding the Privacy Policies of these third-party storage systems, nor is the Company responsible for any loss of information caused by such third-party storage systems.

View their privacy policies: Drop Box, Google Drive and GoDaddy

Secure Data Transmission
While there is no foolproof way to absolutely guarantee safe data transmission, the Website has been secured through the installation of an SSL Certificate to enable safe transmission of data over the internet, which is the current method recognized by browsers as the current state of the art for data transmission protection.

The Company does not own or operate any servers or internet communications devices.  The Company does not provide any express or implied warranty or guarantee that any personal identifying information submitted on the Website, Website forms residing on the HubSpot Marketing Automation Software, or through MailChimp Email Automation Software transmitted over the internet, is secure.  We rely on the host service providers (Gmail, MailChimp, GoDaddy, HubSpot, etc.) to manage the security of their respective servers and communications networks for data transmitted on the internet and between their respective servers.

The Company cautions Website visitors, customers, and prospects not to incorporate any personal information through an email communication with the Company, as email is generally recognized as not a secure form of communication.  Should you provide personal information through an email, you do so at your own risk.

Compliance with the Law

The Company is registered to do business in the Commonwealth of Pennsylvania and with the United Sates government, and is subject to its laws.  The government has the right to request information regarding our clients and users of the Website.  Any requests for personally identifying information may only be granted by due process by an agent of the government.

The Company’s Use of Data

1. The Company maintains and processes some personal information to provide access to its visitors and to effectively operate the Website, Marketing Automation Software, and Email Automation Software.
2. The Company uses your name, company name, and email address to notify you of updates that you have requested, as well as other information. There may also be instances where the Company provides your name, email address, or other information provided by you to its partners, affiliates, and independent contractors so they can provide you with the requested information or contracted services.
3. The Company operates as a marketing services company. We may, from time to time, allow limited access to our data to enable partners, affiliates, independent contractors to provide contracted services to us. All independent contractors are required to sign an Independent Contractor Agreement, which incorporates a Non-Disclosure Clause and are contractually obligated to protect the privacy of the data in accordance with the Non-Disclosure Clause as described in the Independent Contractor Agreement.
4. To operate the Website, the Company may make identifiable and anonymous information available to third parties in limited circumstances: (1) with your express consent; (2) for research purposes; (3) when the Company has a good faith belief that it is required by law; (4) when the Company has a good faith belief that it is necessary to protect the Company’s rights or property; or (5) to any successor or purchaser in a merger, acquisition, liquidation, dissolution, or sale of assets. Your consent will not be required for disclosure in these cases, but the Company will attempt to notify you, to the extent permitted by law to do so.
5. We do not sell or rent personal identifying information to any third party for any purpose.

What Rights You Have Over Your Data

If you request your personal information be deleted, or where your personal information becomes no longer relevant to our operations, we will, at our discretion or convenience, erase it from our system within a reasonable timeframe.

If you have subscribed to receive information on this Website, or submitted a form to request services, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can request we erase any personal data we hold about you. This does not include any data we are obligated to keep for administrative, legal, or security purposes.

Unaffiliated Third Parties
Visitors should be aware that what they share on the Website may be discovered by third parties without the involvement of the Company, including, without limitation, search engine crawlers and bots. Visitors should take this into consideration whenever sharing any information on the Website.

Unauthorized Minors
The Company does not knowingly collect personal information from individuals under the age of eighteen (18). If you believe that the Company has inadvertently collected such information, please contact the Company immediately, so the Company can promptly obtain parental consent or remove the information.

Security
Information collected by the Company may be stored or processed on computers located wherever the Company does business. The Company takes reasonable steps to secure your personally identifiable information against the unauthorized access, alteration, disclosure, or destruction of data. However, no security method can be guaranteed to protect information from hackers or human error. The Company uses reasonable efforts to comply with U.S.-E.U. and U.S.-Swiss Safe Harbor Privacy Principles regarding the collection, use, and retention of personally identifiable information from European Union member countries and Switzerland.

Proprietary Rights
All content on the Website, including but not limited to any intellectual property, text, graphics, images, audio, video, and data, is the property of the Company and shall remain the property of the Company.

Other Websites
This Privacy Policy applies to only the Website and any websites owned and operated by the Company. The Company does not exercise control over any other websites that you may visit from a link on the Website, and is not responsible for any actions or use of your personally identifiable information by such third-party websites.

Social Media Features
The Website may include links to various social media platforms, including but not limited to Facebook, LinkedIn, and Twitter. These links may also collect your IP address and may set a cookie to enable the link to function properly. Such social media links are generally hosted by third parties, and the Company does not exercise control over such third parties, and is therefore not responsible for any actions or use of your personally identifiable information by such third parties.

Update of Personal Information
If there is a change in your personally identifiable information and you would like to request that the Company edit or delete such information, you should contact the Company and specify what you would like changed. The Company will attempt to respond to your request and edit such information as soon as possible. In the event that the Company for some reason cannot edit or delete your personally identifiable information, the Company will provide you with notice. The Company will retain your personal information for as long as your account on the Website is active, or as it otherwise determines may be necessary to comply with the terms of this Privacy Policy or applicable law. Notwithstanding the foregoing, the Company will edit and/or delete your information from its records upon your request.

Sale of the Company
The Company may assign, sell, license, or otherwise transfer your name, company name, address, email address, or other personally identifiable information in the event of an assignment, sale, joint venture, or other transfer of the interests of the Company to another entity. The Company shall take reasonable steps to notify you of any such sale of the Company, including its effect on your personally identifiable information.

Miscellaneous

1. This Privacy Policy constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the subject matter hereof.
2. If any provision or part of this Privacy Policy shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect.
3. The provisions of this Privacy Policy are solely for the benefit of the parties hereto and not for the benefit of any third parties, except that the Company shall have the right to assign this Privacy Policy and/or any of the rights herein, and this Privacy Policy shall be binding upon and inure to the benefit of the Company’s assignee(s) hereto and their respective successors, assigns, and legal representatives.
4. No failure by either party to pursue any remedy resulting from a breach of any provision of this Privacy Policy by the other party shall be construed as a waiver of that breach or as a waiver of any subsequent or other breach unless such waiver is in writing and signed by an authorized representative of the non-breaching party.
5. Any notice, demand, or other communication which may be or is required to be given under this Privacy Policy must be in writing to the Company address listed on the Website, and must be: (i) personally delivered; (ii) transmitted by United States postage prepaid mail, registered, or certified mail, return receipt requested; (iii) transmitted by reputable overnight courier, such as Federal Express or UPS; (iv) transmitted by legible facsimile, with confirmation of receipt; or (v) transmitted by electronic mail, with confirmation of receipt.
6. This Privacy Policy shall be governed in accordance with the laws of the Commonwealth of Pennsylvania, in the United States of America, applicable to agreements to be wholly performed therein, without giving effect to its laws governing conflict of laws, with jurisdiction and venue exclusive to the federal and state courts located within the Commonwealth of Pennsylvania, in the United States of America.

EU General Data Protection Regulation

1. 1. The EU General Data Protection Regulation (“GDPR”) applies to companies that process and hold the personal data of data subjects located in the European Union. If you are a user located in the European Economic Area, then this section also applies to you.
   2. As a user located in the European Economic Area, you have the following rights under GDPR regarding access to your personal data collected by the Company:
      1. You may request that the Company transfer your personal data to you in a portable format, correct it, or delete it. You also retain the ability to update some of your personal data, such as your name and email address by sending a request to tmdmalvern(at)tmdworldwide(dot)com.
      2. You can request that the Company stop using your personal data, and can withdraw your consent at any time by clicking the “unsubscribe” link in emails from the Company.
      3. However, these rights are not absolute, and because the Company may be required by law to process your personal data in certain instances, the Company may retain such data even if you withdraw your consent.
      4. In instances where the Company requires your personal data to comply with legal or contractual obligations, then the Company’s retention of such personal data is mandatory, and if such personal data is not provided, then the Company will not be able to meet its contractual obligations. Except for these specific instances, provision of requested personal data is optional.
      5. If you have concerns about the Company’s use of your personal data, you have the right to complain to the relevant data protection authority, which is the data protection authority of the country of either your habitual residence, your place of work, or where the alleged infringement occurred.

If you wish to be removed from our database or have any questions regarding this Privacy Policy, you may direct your requests or questions to tmdmalvern(at)tmdworldwide(dot)com.