Welcome to www.tbwa.com (the “Site”), a website provided by TBWA Worldwide Inc. ("Company"). Company recognizes the importance of protecting your privacy, and this policy covers Company’s handling of information collected by it through the Site or from other sources in the ordinary course of business (including, but not limited to, employees of Company who supply information to Company during the course of their employment).
1. Swiss Safe-Harbor and EU-U.S. Privacy Shield Frameworks
In collecting, using and retaining certain personal information through the Site and from other sources in the ordinary course of business, Company has certified to its compliance with the U.S.–Swiss Safe-Harbor Framework, including its safe harbor privacy principles and 15 “frequently asked questions,” regarding personal information from Switzerland (the “Swiss Safe-Harbor Framework”). The safe harbor privacy principles of the Swiss Safe-Harbor Framework cover, with respect to applicable personal information, notice, choice, onward transfer, security, data integrity, access and enforcement. Company’s certifications of compliance with the Swiss Safe-Harbor Framework can be found at https://safeharbor.export.gov/list.aspx. For more information regarding the Swiss Safe-Harbor Framework, please see the U.S. Department of Commerce’s website at http://export.gov/safeharbor/.
Any personal information collected by Company is controlled by Company at 488 Madison Avenue, New York, New York 10022. Questions and other requests for additional information regarding Company’s handling of personal information or otherwise relating to this policy should be promptly sent to Company as set forth in Section 18.
3. Service Terms
If you intend to use the Site, your use of the Site is at all times subject to the service terms contained on the Site, and this policy. You should review this policy carefully, and be sure you understand it, prior to using the Site. Using the Site is deemed to be irrevocable acceptance of this policy. If you do not agree to this policy, you should not use, but should immediately exit, the Site. For purposes of this policy, accessing the Site only to review this policy is not deemed to be use of the Site.
4. Personal Information Collected
Company may collect your personal information through the Site and from other sources in the ordinary course of business. It does not, however, collect any personal information from you thorough the Site, unless it is provided voluntarily. If you decide to provide your personal information, Company will only retain personal information that is appropriate to fulfill your requests or for Company's other legitimate business purposes (including, but not limited to, marketing). If you refuse to provide your personal information when requested to do so on the Site, you may not be able to access, or otherwise enjoy the benefits of, certain features of the Site.
Company complies with all applicable laws relating to your personal information (including, but not limited to, the Children's Online Privacy Protection Act, if applicable to the Site). While the Site is not intended for children under 13 years of age, if the parent or guardian of a user who is a minor discovers that the minor’s personal information has been submitted to Company without the parent’s or guardian's consent, Company will use commercially reasonable efforts to remove such personal information from the Site and Company's servers at the parent’s or guardian's request. To request the removal of personal information of a minor, the parent or guardian must contact Company as set forth in Section 18, and provide, along with the request, the minor’s user name and legal name.
6. Protection of Personal Information
Except as provided in the immediately following sentence, Company will use commercially reasonable efforts to protect your personal information from unauthorized disclosure or destruction, loss and misuse. Certain personal information posted by you on the Site may be accessible to the general public, and Company is not responsible for protecting such information from unauthorized disclosure or destruction, loss or misuse. Since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that your personal information could be disclosed or destroyed without authorization, lost or misused, even if Company uses such efforts. In providing personal information to Company, you must assume the risk that any such disclosure, destruction, loss or misuse could occur.
7. Use of Personal Information
Any personal information collected by Company may be used by it for any legitimate business purpose (including, but not limited to, marketing), unless expressly stated otherwise in this Section. Personal information that Company expressly states is collected for a specific purpose will only be retained and used for such purpose, unless you subsequently consent to its being used for another purpose. When you provide personal information to Company, whether or not for a specific purpose, Company may disclose such information to third parties (including, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third-party service providers) that Company has engaged to assist it in fulfilling your request or for other purposes permitted under this policy. Company may at any time, in its sole discretion, disclose and use any information (including, but not limited to, IP addresses), whether or not you furnished such information for a specific purpose, as appropriate to (a) comply with any applicable law or government request, (b) cooperate with law enforcement and other third parties in investigating a claim of fraud, illegal activity, or infringement of intellectual property rights, or (c) protect the rights, property or legitimate business interests of Company or a third party.
8. Analytical Information Collected
Company may collect through the use of “cookies” certain analytical information (including, but not limited to, IP address and its location, access date and time, connection speed, language, browser, operating system and computer used, and other analytical information), which is generally not personally identifiable, from you when you access the Site (collectively “Analytical Information”). Cookies are code placed on your computer by the Site that enable the Site to, among other things, recognize you as a prior user of the Site, provide the Site with details of your prior use and otherwise assist Company in making the Site more useful to you. Company may use permanent cookies that are saved on your computer until you delete them, and session cookies that are automatically deleted when your browser is closed. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse or delete cookies from the Site, you may not be able to take full advantage of some of the features on the Site.
9. Use of Analytical Information
Analytical Information will only be used by Company (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make it more useful to users, and (d) for other legitimate business purposes of Company (including, but not limited to, marketing). However, Analytical Information will not be used by Company to examine other websites visited by you before or after your using the Site.
10. Third-Party Sites
You may from time to time send Company an e-mail message in connection with your use of the Site or in the ordinary course of business. If you do, Company may collect and store your e-mail address and the contents of your message. Your e-mail address and the contents of your message will be used by Company to respond to you or for other legitimate business purposes.
Upon your written request, you will be granted access to your personal information retained by Company for the purpose of correcting, amending or deleting it, except where the burden of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. You should contact Company for this purpose as set forth in Section 18.
13. Applicable Law
This policy will be governed by, and construed in accordance with, the laws of the state of New York, without regard to principles of conflict of laws, the E.U. Safe-Harbor Framework and the Swiss Safe-Harbor Framework.
Unless the E.U. Safe-Harbor Framework or the Swiss Safe-Harbor Framework require otherwise, you and Company (a) will submit any dispute relating to this policy exclusively to a federal, state or local court located in the county of New York, New York and having subject matter jurisdiction over such dispute, and (b) consent to any such court being a proper venue, and waive any objection to its not being a proper venue (including, but not limited to, any such objection based on convenience), for such dispute. For any dispute relating to personal information covered by the E.U. Safe-Harbor Framework or the Swiss Safe-Harbor Framework, an independent recourse mechanism may be available to you to investigate any unresolved complaints regarding Company’s compliance with the E.U. Safe-Harbor Framework or the Swiss Safe-Harbor Framework, as applicable. If you have a complaint, or desire additional information, regarding Company’s handling of personal information or otherwise relating to this policy, you should promptly contact Company as set forth in Section 18.
15. Entire Agreement
This policy, plus the service terms contained on the Site, if applicable, contain the entire agreement, and supersedes all prior oral and written proposals, understandings and agreements, between you and Company with respect to your personal information collected by Company.
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
Company may revise any provision of this policy from time to time by posting the revised provision on the Site, with the revised provision taking effect as of the date of such posting. It is your responsibility to periodically check this policy on the Site for such revisions. Your use of the Site following the posting of any revision to this policy on the Site will be deemed an irrevocable acceptance by you of such revision so far as it relates to any personal information collected by Company through the Site.
18. Additional Information
If you have any questions, complaints or desire additional information regarding Company’s handling of personal information or otherwise relating to this policy, please promptly contact:
Elaine F. Stein, Esq.
General Counsel and Secretary
TBWA Worldwide Inc.
488 Madison Avenue
New York, NY 10022
Effective Date: September 30, 2016