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.
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.
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.
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.
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.
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.
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
- 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.
- 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.
- 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.
- 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.
- 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.
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
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.
EU General Data Protection Regulation
- 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.
- 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:
- 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 firstname.lastname@example.org.
- 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.
iii. 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.
- 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.
- 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.