Subject to the terms and conditions of the Master Services Agreement (the “MSA”) between the Parties to which this Service Level Agreement is attached, TD Web Services will provide Customer with a level of service consistent with the principles expressed in this Service Level Agreement. To the extent that TD Web Services does not provide the Services at the levels set forth in this Service Level Agreement, and Customer is in compliance with all terms and conditions of the Master Services Agreement (including the Acceptable Use Policy), TD Web Services will credit Customer’s account in an amount as provided in this SLA, reflecting percentages of the monthly fees Customer pays to TD Web Services for the affected Services (each an “SLA Credit”).
In connection with serving content and providing analytics and advertising services, third parties may collect certain information about your visits to this and other websites and we may receive information regarding the use of the Site and the effectiveness of our advertisements. These advertising networks, advertisers, advertising agencies, analytics service providers, and other vendors may set and access their own tracking technologies (including cookies and web beacons) and they may otherwise collect or have access to information about you and your online browsing activities.
The Site is operated in the Liechtenstein. If you are located outside the Liechtenstein and use the Site or provide us with any information, you consent to the transfer, processing, and storage of your information in the Liechtenstein, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen TD Web Services complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the European Unoin regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. TD Web Services has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view TD Web Services’s certification, please visit www.export.gov/safeharbor/
INFORMATION WE COLLECT THROUGH THE SITE
Information You Provide to the Site
The Site is a general audience web site. The Site does not knowingly collect any Personal Information from children younger than the age of thirteen (13), and TD Web Services will delete any information later determined by us to be collected from a user younger than age thirteen (13).
The Site may provide you the opportunity to participate and post content publicly through interactive features. You may choose, through such features or otherwise, to submit or post reviews, comments, suggestions related to TD Web Services’s services, or post free-form comments on its blog (collectively, “User Content”). Please note that certain information, such as your name and state of residence, and a link to any website URL you provide may be publicly displayed on the Site along with your User Content. However, TD Web Services will not publish your e-mail address with these comments.
Information Third Parties Provide About You
We may also receive information about you from third parties. For example, if you are on another website that provides information about hosting service providers like TD Web Services and you request to receive information from TD Web Services, that website will forward your contact and other information to us so that we may contact you as requested. Third parties may also provide information about you in connection with a marketing arrangement we may have with those third parties.
Information We Collect Automatically; Cookies and Similar Technologies
In addition to any Personal Information or other information that you choose to submit to the Site, we and our third-party service providers, including any third-party content, advertising, and analytics providers, may use a variety of technologies that automatically or passively collect certain information about your use of the Site whenever you visit or interact with the Site (“Site Usage Information”). Site Usage Information may include the browser and operating system you are using, the URL or advertisement that referred you to our Site, the search terms you entered into a search engine that led you to our Site (if applicable), actions you take on the Site and all of the areas within our Site that you visit, and the time of day you visited the Site, among other information. Site Usage Information may also include the unique IP address or other unique identifiers (“Device Identifier”) for any computer, mobile phone, or other device (any, a “Device”) used to access the Site. A Device Identifier is a unique value that is automatically assigned to your Device, so that our servers can identify your Device by its Device Identifier.
We may use Site Usage Information for a variety of purposes, including enhancing or otherwise improving the Site and our products and services. We may associate Site Usage Information with you as a specific and identifiable person. When we do so, we treat the combined information as Personal Information.
The methods used to collect Site Usage Information may include the following:
- Cookies: A cookie is a data file placed on a Device when it is used to visit the Site or otherwise access our online content. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. A Flash cookie is a data file placed on a Device via the Adobe Flash plugin that may be built in to or downloaded by you to your Device. Flash cookies may be used for various purposes, including, without limitation, enabling a Flash feature and remembering your preferences. For more information about Flash and the privacy choices Adobe offers, visit www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you choose to disable cookies or to adjust your Flash privacy settings on your Device, some features of the Site may not function properly.
- Web Beacons or Pixels: Web programming codes called web beacons (also known as “1×1 GIFs”, “clear images,” “pixels,” “tracking pixels,” or “tracking tags”) may be included in our web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Site, to monitor how users navigate the Site, to count how many e-mails that were sent were actually opened, or to count how many particular articles or links were actually viewed.
In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.
HOW WE USE THE INFORMATION COLLECTED
HOW AND WHEN WE DISCLOSE INFORMATION TO THIRD PARTIES
TD Web Services may use information collected through the Site, including Personal Information and Site Usage Information, to:
- Allow you to use the Site and to provide related service, including responding to your questions and comments;
- Fulfill transactions and process your registration, orders and payments, including verifying the information you provide is accurate and active;
- Administer and develop our business relationship with you and the company you represent;
- Tailor content, recommendations and offers we display to you on the Site and elsewhere online;
- Provide you with information, products or services that you have requested or agreed to receive or that we otherwise believe will interest you, including, information and special offers from us, our advertisers, and our third party business partners;
- Conduct internal analyses, such as surveys and market research;
- Improve the Site, our products and services and for internal business purposes;
- Assess your employment application for a position with TD Web Services and prepare related governmental and internal statistics reports;
- Contact you with administrative communications and, in our discretion, changes to Site policies; and
- To remember and restore your preferences when you return to the website; or
- Otherwise with your consent.
When You Agree to Receive Information from Third Parties or Request That We Share Your Information.
Sweepstakes, Contests, and Promotions:
We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
Administrative and Legal Reasons:
We may transfer and disclose information, including your Personal Information, Usage Information, and your Device Identifier, to third parties: (i) to respond to subpoenas or other legal process or if in our opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; or (iii) to enforce applicable Site terms and policies; (iv) to respond to an emergency or otherwise to protect the safety, rights, property, or security of TD Web Services, third parties, Site visitors, or the public. We may also use Device Identifiers to identify users, and may do so in cooperation with a court order or law enforcement agencies when legally compelled to do so.
Business Transfers:TD Web Services may share information, including Personal Information, with its parent, subsidiaries, and affiliates, primarily for business and operational purposes. TD Web Services may also disclose and transfer your information, including Personal Information: (i) to a subsequent owner, co-owner or operator of the Site or applicable database; or (ii) if TD Web Services (or any of its affiliated, parent, or subsidiary companies) assigns its rights regarding any of your information to a third party; or (iii) in connection with a corporate merger, consolidation, restructuring, the sale of certain of our ownership interests, assets, or both, or other corporate change, including, without limitation, during the course of any due diligence process.
THIRD-PARTY ANALYTICS PROVIDERS AND AD SERVERS
The Site may contain content served by third parties and we work with vendors (including network advertisers, ad agencies, and analytics companies) to provide us with information regarding traffic on the Site, to serve advertisements, including our advertisements elsewhere online, and to provide us with information regarding the use of the Site and the effectiveness of our advertisements. For example, if you clicked on one of our advertisements that led you to the Site, our service provider(s) may be able to tell us information about your interaction, such as, but not limited to: which advertisement you clicked on, where you were viewing the advertisement, how often you viewed or clicked on it, and so forth. In connection with serving content and providing analytics and advertisement services, third parties may collect certain information about your visits to the Site or other websites. Some of these parties may collect Personal Information when you visit the Site or other websites or services. These third parties may set and access their own tracking technologies (including cookies and web beacons) and may otherwise collect or have access to your Device Identifier, Site Usage Information, and related information about you. Cookies and web beacons, including those set by third-party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times, and to conduct research regarding the usefulness of certain advertisements to you. We may share Device Identifier and Site Usage Information about visitors with third-party advertising companies, analytics providers, and other vendors for similar purposes.
While we may use a variety of service providers to perform advertising and analytics services, some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You may want to visit www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You may also want to visit or www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program. Please note opting out through these mechanisms does not opt you out of being served advertising and not all online advertisers participate in these programs. You will continue to receive generic ads while visiting the Site and elsewhere online.
CHANGING YOUR INFORMATION, PREFERENCES, AND SUBSCRIPTIONS
THIRD-PARTY CONTENT, LINKS TO OTHER SITES, AND SITE CONTENT FOUND OUTSIDE OF THE SITE
Certain content on the Site may be hosted and served by third parties and the Site may contain links to third-party websites that TD Web Services does not control. The Site may also contain certain third-party content or applications. These links and applications may use a TD Web Services logo as part of a co-branding agreement. In addition, TD Web Services widgets or other TD Web Services content may be included on web pages and websites that are not associated with TD Web Services and over which we have no control. These third parties may collect Site Usage Information through the use of their own cookies and web beacons, independently collect data or solicit Personal Information, and may have the ability to track your use of their sites and services. TD Web Services is not responsible for the privacy practices employed by any third party.
APPLYING FOR A JOB THROUGH OUR SITE
If you apply for a job through the Site, we, or a human resources company assisting us, may ask you to provide self-identifying information (such as veteran status, gender, and ethnicity) in conjunction with laws and regulations enforced by Principality of Lichtenstein, and similar state and local regulatory agencies. Providing self-identifying information is voluntary, but if you do provide us with that information, we may submit it to the state and local regulatory agencies for business-related purposes, including responding to information requests, fulfilling regulatory reporting requirements, and defending against employment related complaints.
USERS RESIDING OUTSIDE OF THE UNITED STATES AND CONSENT TO TRANSFER
The Site is operated in the United States. If you are located in the European Union, Canada, or elsewhere outside of the United States, please be aware that any information you provide to us may be transferred to and processed in the United States. By using the Site, or providing us with any information, you consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be different than those in the country where you reside or are a citizen.
TD Web Services has certified that it adheres to the EU Safe Harbor framework and the U.S. – Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Economic Area and Switzerland. To learn more about the Safe Harbor program, and to view our certification, please visit: www.export.gov/safeharbor/.
TD Web Services has committed to refer unresolved privacy complaints under the Safe Harbor program to an independent dispute resolution mechanism, the BBB EU Safe Harbor Program, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by us, you may contact the BBB EU Safe Harbor Program as described at: www.bbb.org/us/consumer/european-dispute-resolution/complaint-info/.
CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: email@example.com or write to us at the following mailing address:
TD Web Services Legal Department,
A-3, Modern Row House,