Updated June 2019
3. Information Collection
c. Non-Personally Identifiable Information In addition to information you voluntarily provide to us, Top may collect on behalf of our clients and/or on our own behalf non-personally identifiable information (e.g., Internet Protocol (IP) addresses, device identifiers, “cookies,” browser information, Internet tags, and navigational data). We do not attempt to associate such non-personally identifiable information with PII or with specific individuals.
4. Sharing, Storage, and Retention of Personally Identifiable Information
a. Sharing. Top does not sell or rent PII to third parties, and shares PII with our clients only when the client has been identified to you. Top does not otherwise disclose your PII to unaffiliated third parties, unless you have consented to such disclosure, Top in its sole discretion determines disclosure is necessary to protect Top, its clients, or other users of our website, apps, and services, or such disclosure is required by law. Notwithstanding, Top does share PII with its corporate affiliates.
b. Storage. Top has measures in place to ensure that PII is safeguarded against loss and unauthorized access, use, modification, disclosure or other misuse. Top stores all PII in a secured environment behind its “firewall.” Only those employees whose job responsibilities require them to use the PII are permitted access to such data. All employees sign confidentiality agreements and are not permitted to disclose any PII.
c. Retention. Top will retain your PII for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws.
6. Sharing and Use of Non-Personally Identifiable Information. We use the non-personally identifiable and aggregated information we collect to better understand how visitors to our website/apps engage with the content we are involved with, and to assess, improve, and quantify the response to such content. We may share aggregated, non-personally identifiable information with our clients and affiliates.
7. Collection of Information by Third Parties and Links to Third-Party Websites. Our website may serve ads from and/or link to the websites of third-parties. Such third-parties may use automated methods to collect information about visitors to our websites.
8. Special Note About Children Unless otherwise specifically indicated, Top’s programs are not available to anyone under the age of thirteen (13). We do not solicit PII from children, and no one under the age of thirteen (13) should submit PII to us. If we discover that PII submitted to us pertains to a child under the age of thirteen (13), we will delete it.
9. California Privacy Rights
a. Rights of Minors. If you are a resident of the State of California and between the ages of thirteen (13) and eighteen (18), and have registered as a user of one or more of our website or apps, you may request the removal of content or information you have posted that can be accessed by other users, by updating your profile and/or preferences, if you have created a Member account or otherwise registered in our app or any of our platforms, or by contacting us at [email protected] Please note, however, that removal of content or information you have posted from our websites or services does not ensure complete or comprehensive removal of the content or information, particularly if the content or information you posted has been copied and/or reposted by a third party.
b. California Customers Pursuant to California Civil Code Section 1798.83, a California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes, unless the business adopts and discloses to the public a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes if the customer “opts out” of such communications. In that case, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost-free means to exercise that right. Our cost-free “opt-out” procedure is described in Section 5, above. If you use our “opt out” procedure, we will not disclose your personal information to third parties for the third parties’ direct marketing purposes.
c. Do Not Track Signals. California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn’t an industry or legal standard for recognizing or honoring DNT signals, we don’t respond to them at this time.
10. GDPR. Top processes Personal Data both as a Processor and as a Controller, as defined in the EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (the “Directive”) and the GDPR.
Top adheres to the Directive and the GDPR. Consequently, Top processes all data provided by its Users with accounts in its United States and the European Data Region, in the European Economic Area (EEA) or the United States only.
All data collected by Top will be stored in secure hosting facilities provided by Google Cloud. Top has a data processing agreement in place with its provider, ensuring compliance with the Directive. All hosting is performed in accordance with the highest security regulations. All transfers of data internally in the EEA and the United States is done in accordance with this data processing agreement.
12. Top Data Protection. Top Data Protection inquiries can be reached at [email protected]
Terms and Conditions
BY SIGNING UP TO TOPVOTE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USE:
1. The Company. Topvote (the “Application”) is owned and operated by Top Inc. (the “Company”), a Delaware Corporation with a mailing address of 401 E. Las Olas Blvd. Suite 130-665 Ft. Lauderdale, FL 33301
2. Binding Agreement. These terms and conditions constitute the Official Rules (the “Rules”) for (i) use of the Application and (ii) all contests operated through the Application (the “Contest(s)”). Download and/or use of the Application and/or participation in any such Contests constitutes acceptance of these Rules. The Rules form a binding legal agreement between any user of the Application (“User(s)”) and any entrant in any Contest (“Entrant(s)”) and the Company.
3. Amendments. The Company reserves the right to amend the Rules at any time without notice to Users and/or Entrants by posting changes on the __________ website (the “Website”) or by updating the Application to incorporate the new Rules. Users and Entrants are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Continued use of the Application after changes are posted constitutes acceptance of the amended Rules.
4. Age. User hereby warrants that he or she is at least 13 years of age.
5. Eligibility. Entrants must be individual citizens or lawful residents of the United States, or one of its territories. Entrants who are not citizens or residents of the United States, or one of its territories, hereby forfeit any and all prizes for which they otherwise may have been eligible.
6. How to Enter. Each Contest shall have a limited period for entry (the “Entry Period”), determined in the sole and absolute discretion of the Company. Users may enter Contests by uploading a photograph or photographs (“Entry(ies)”) to the platform within the Application for the respective Contest during the Entry Period. All Entries must be uploaded by 11:59:59 p.m. Eastern Standard Time on the final day of the Entry Period. Team entries and entries on behalf of legal entities or organizations are void. Entries are void if they are, in whole or in part, late, illegible, incomplete, damaged, counterfeit, obtained through fraud, derogatory, disparaging, discriminatory, offensive, indecent, sexual, profane, tortious, threatening, defamatory, libelous, slanderous, or unlawful in any way and the Company reserves the right, in its sole and absolute discretion, to remove any such Entry from the Application at any time.
7. Representations of Entrants. Entrants, by uploading any Entry, warrant and represent that (i) the Entry does not reference any person, group or organization without their express permission, and (ii) the Entry does not contain any content, element or material that violates a third party’s intellectual property rights, including, but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights or any other intellectual property rights, and (iii) the Entry is not counterfeit, obtained through fraud, derogatory, disparaging, discriminatory, offensive, indecent, sexual, profane, tortious, threatening, defamatory, libelous, slanderous, or unlawful in any way.
8. Intellectual Property. Entrants, by uploading any Entry, further warrant that such Entry is Entrant’s own original work and, as such, Entrant is the sole and exclusive owner and rights holder of the Entry and that Entrant has the right, without the consent of any other person, to submit the Entry in the Contest and transfer any and all rights in the Entry to the Company. Entrants, by uploading any Entry, transfer to the Company all intellectual property rights in such Entry, including, but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights or any other intellectual property rights.
9. Indemnification. To the maximum extent permitted by law, User agrees to defend, indemnify and hold harmless the Company, its agents, representatives, and affiliates, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages costs and expenses (including reasonable attorneys’ fees) arising out of, related to, or accruing from (i) User’s use of the Application, and/or (ii) any breach of any warranty set forth in these Rules by User, and/or (ii) any Entry uploaded by User or by any other person through User’s account on the Application.
10. Winning Entrants. The winning Entrant with respect to any Contest (“Winning Entrant(s)”) will be chosen based on votes cast by other Users. Each User shall be entitled to vote not more than one time with respect to any single Contest. Duplicate votes by a single User shall cause all votes of such User in the respective Contest to be void. Failure to comply with any of these Rules shall constitute an absolute and immediate forfeiture of any prize to which a Winning Entrant may otherwise be entitled. The determination of the Company of the Winning Entrant with respect to each Contest shall be final. The Company will advise Winning Entrants, including instructions on how to claim the respective prize, that they have won a Contest by sending a message to the electronic mail account associated with the Winning Entrant’s User account for the Application. The Company reserves the right, in its sole and absolute discretion and without further notice, to deem any prize that is not claimed within thirty (30) days of such notice to be forfeit, and upon such forfeiture the Company shall have no further obligation to such Winning Entrant, or to any other person, with respect to such prize. Entrants are responsible for maintaining current electronic mail addresses with the Company by updating their User accounts. The Company reserves the right to require reasonable proof of identification as the Winning Entrant.
11. Prizes. Odds of winning any prize depend on the number of eligible Entries for the respective Contest. No transfer, substitution or cash equivalent for prizes is allowed except upon the written consent of the Company, which consent shall be given in the sole and absolute discretion of the Company. The Company reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. The prize may be subject to restrictions and/or licenses. The Company does not make, and is not responsible in any manner whatsoever, for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prizes, regarding the use, value or enjoyment of the prizes, including, without limitation, quality, mechanical condition, merchantability, or fitness for a particular purpose.
12. Taxes. PAYMENTS TO WINNING ENTRANTS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO THE COMPANY ALL DOCUMENTATION REQUESTED BY THE COMPANY TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES THAT THE COMPANY IS REQUIRED TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF WINNING ENTRANTS. In order to receive a prize, winning entrants must promptly (and in no case more than thirty (30) days after any request) submit all tax documentation requested by the Company or otherwise required by applicable law, to the Company or the relevant tax authority, all as determined by applicable law. Winning Entrants are responsible for ensuring that they comply with all applicable tax laws and filing requirements. If a Winning Entrant fails to provide such documentation or comply with such laws, the prize may, in the sole and absolute discretion of the Company, be forfeited.
13. Malfunction. The Company is not responsible for any malfunction of the Application or any late, lost, damages, misdirected, incomplete, illegible, undeliverable, or destroyed Entries due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunctions of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or on the Application, or any combination thereof, including other telecommunication, cable digital or satellite malfunctions which may limit an Entrant’s ability to participate. The Company does not warrant that the Application will be compatible with any particular hardware or software which Users may use or attempt to use.
14. LIMITATION ON LIABILITY. USER ASSUMES ALL RESPONSIBILITY AND RISK WITH RESPECT TO USE OF THE APPLICATION. THE APPLICATION IS AVAILABLE “AS IS” AND “AS AVAILABLE.” USERS ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT THE COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE APPLICATION INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SHALL NOT BE LIABLE FOR DAMAGE TO, OR VIRUSES OR OTHER CODE THAT MAY AFFECT, ANY EQUIPMENT (INCLUDING, BUT NOT LIMITED TO, YOUR MOBILE DEVICE), SOFTWARE, DATA OR OTHER PROPERTY AS A RESULT OF DOWNLOAD, INSTALLATION, ACCESS TO OR USE OF THE APPLICATION. IN THE EVENT THAT THE COMPANY, ITS AGENTS, REPRESENTATIVES OR ASSIGNS ARE HELD LIABLE TO USER IN A COURT OF COMPETENT JURISDICTION RELATING IN ANY WAY TO THE APPLICATION, SUCH LIABILITY SHALL BE LIMITED, TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TO A REFUND OF ANY PURCHASE PRICE THAT MAY HAVE BEEN PAID FOR THE APPLICATION.
15. Limitations on Entry. Under no circumstances shall the submission of an Entry, the award of a prize or anything else provided for in these Rules be construed as an offer or contract for employment or a joint venture with the Company or any of its sponsors or affiliates. Entrants acknowledge, by uploading any Entry, that they have submitted the Entry voluntarily and not in confidence or in trust. Entrants further acknowledge, by uploading any Entry, that no confidential, fiduciary, agency or other relationship or implied-in-fact contract exists between Entrants and the Company or any of its sponsors or affiliates as a result of such submission.
16. Limitation on Rights Conferred. The Company hereby grants User a non-transferrable limited license to use the Application in accordance with the terms, conditions and limitations of these Rules and User acknowledges and agrees that the Company has not transferred, conferred or granted any further rights in the Application through this agreement or otherwise. User agrees not to reproduce, duplicate, copy or re-sell the Application or any part of the Application except as may be expressly permitted by these Rules. User further agrees not to access without authority, interfere with, damage or disrupt (i) any part of the Application, or (ii) any equipment or network on which the Application is stored, or (iii) any software used in the provision of the Application.
17. Login Information. All Entries are deemed made by the User for the account used to submit the Entry. User is responsible to protect the privacy of his or her login information for the Application and hereby agree to take full and final responsibility for any activity conducted under such login information including, but not limited to, a breach of any warranty or representation contained in these Rules.
18. Privacy. User agrees that personal data entered during the registration for and use of this Application, including name, electronic mail address, and data relating to User’s use of the Application may be processed, stored, shared and otherwise used for the purposes and within the context of the Application. Such data may also be shared, with affiliated and non-affiliated entities, for promotional and/or marketing purposes and User hereby consents to such use.
19. Data Charges. Use of the Application does not include the provision of a mobile device or other necessary equipment or services to access the Application. User acknowledges that use of the Application will require connectivity to the internet and may incur data charges and that the Company shall not, under any circumstances, be responsible for any such costs or charges that may be incurred by User.
20. Forum and Legal Recourse. These Rules, use of the Application, all Contests and every aspect of the relationship between User and the Company shall be governed by, subject to, and construed in accordance with the laws of the State of Florida, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
21. Arbitration. User agrees that exclusive jurisdiction for any dispute, claim or demand related in any way to the Application or to any Contest will be decided by binding arbitration. All disputes between User and the Company of whatsoever kind or nature arising out of or related to these Rules, use of the Application, any Contest or any other aspect of the relationship between User and the Company, shall be submitted to the _______________________________ for binding arbitration under its rules before one arbitrator to be mutually agreed upon by both parties. Such arbitration shall be conducted in Hillsborough County, Florida. The prevailing party in such arbitration shall be entitled to costs and fees (including reasonable attorneys’ fees) from the non-prevailing party. To the extent permitted by law, User expressly waives the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the use of the Application or participation in any Contest. TO THE EXTENT THAT THIS WAIVER AND/OR USER’S AGREEMENT TO ARBITRATE IS DEEMED INEFFECTIVE, USER HEREBY WAIVES ANY RIGHT THAT USER MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE RULES, USE OF THE APPLICATION, ANY CONTEST OR ANY OTHER ASPECT OF THE RELATIONSHIP BETWEEN USER AND THE COMPANY.
22. Whole Agreement. These Rules constitute the entire agreement between User and the Company relating, in any way, to (i) the use of the Application, and (ii) participation in any Contest. These Rules supersede and exclude any prior terms and conditions, understanding or agreements between User and the Company, whether oral or in writing. These Rules may only be modified by a written amendment that is posted on the Website or updated in the Application by an authorized representative of the Company.