Last Modified July 23, 2020
Top Side Finder LLC (“Top Side”) provides certain services to connect individuals and businesses who seek to sell or purchase certain livestock or livestock-related materials. Collectively, all users of the website may be referred to as “Users” in this Privacy Policy. Unless otherwise noted, each section and provision of this Privacy Policy applies to all Users. Within this Privacy Policy, “you” are a User of the Website (as defined below), and “we”, “us”, “our” or “Top Side” refers to Top Side Finder LLC, an Indiana limited liability company.
The below terms and conditions govern your access to and use of [web address] and Top Side branded applications, including any content, functionality, and services offered on or through the same (collectively, the “Website”). The services provided by Top Side to its Users through the Website may be collectively referred to as “Services” hereunder.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Services. By accessing or using the Services, you agree to this privacy policy. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept the terms herein. If you do not want to agree to these terms, you must not access or use the Website.
We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means of posting a notification on this site or by other means. It is your responsibility to review this site and this Privacy Policy periodically and to be aware of any modifications. Your continued use of the site after such modifications will constitute your acknowledgment of the modified Privacy Policy and you agree to be bound by the modified Privacy Policy.
Users of the Service may view the Website and certain information on the Website without registering and creating an account. This Privacy Policy applies to you whether you create an account via the Website or use the Website as a guest. However, certain Services will be restricted to those Users who register and create an account (“Registered Users”). Users who are not Registered Users are “Guest Users” hereunder. A public profile is required in association with a Registered User (“Public Profile”).
1. The Information We Collect. We may collect certain information from you described in the categories below (collectively referred to herein as “Information”):
1.1. Information by which you may be personally identified, such as your name, age, email address, personal website address, telephone number, address, and zip code (collectively “Personal Information”);
1.2. Information regarding how the Services are accessed and used by you, including but not limited to your internet protocol address, browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, the content and advertisements you have accessed or seen, and other diagnostic data (“Usage Data”); and/or
1.3. Tracking technologies to track the activity on the Services, including but not limited to session cookies, preference cookies, security cookies, web beacons, tags, and scripts to collect and track information and to improve and analyze the Services, which may be collected directly through the Services or via third-parties providing analytic services to us (“Tracking Data”).
Usage Data and Tracking Data is collected for every User of the website. Personal Information is intended to be collected only for Registered Users; however, if any Information is provided to Top Side in any manner by any User, this Privacy Policy will apply to such Information.
2. Collection of Information. We collect Information directly from you when you provide it to us through the use of any of our Services; automatically as you navigate through the Website and Services; and from certain third parties as more fully set forth below. Without limiting the generality of the foregoing, we may collect Information from you as set forth below:
2.1. Any information Registered Users choose to include in a Public Profile will be available to any person or entity having access to the Website as a Registered User or Guest User. This Information must include your real name (individual or business name as applicable), and may include photographs, a website link, an email address, and other information that you choose to make public. This information, along with any information or materials you contribute to the Website, including via status updates, message boards, forums, bulletin boards, or other interactive features, will be collectively known herein as “Contributions.” Any Contribution to a Public Profile will be considered non-confidential, non-proprietary, and public. You should not post any Contribution or provide any information on your Public Profile that you do not desire to be made public.
2.2. When you interact with any page or account on a social media platform, such as Facebook, Twitter, Google+, Tumblr, LinkedIn, YouTube, or Pinterest, we may collect the Personal Information that you make available on that page or account, including your account ID or “handle” and that the social media platform permits us to collect, in compliance with their privacy policy.
2.3. We may work with third parties to monitor and provide analyses of the Usage Data and Tracking Data, including browsing patterns of visitors to our Website by tracking non-personally identifiable information about our visitors. Such third parties may include, for example, but are not limited to Google Analytics, Google AdWords, and Facebook. We may also work with third parties to provide us with additional opportunities to engage with you, such as social media providers who may collect your data on our behalf or provide advertisements to you based on your interests. Each third party may also set forth its own privacy policy.
2.4. Information may be obtained through the use of cookies, which are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device that can later be retrieved to identify you to us. To give you the best online experience possible we may use cookies or similar technologies; cookies make your use of the site easier, make the site run more smoothly, and help us to maintain a secure site. Cookies do not contain personally identifiable information; however, once you choose to enter our site with personally identifiable information that information may be linked to the data stored in the cookie. You expressly consent to the installation of cookies. However, you may be able to change your privacy preferences regarding the use of cookies and similar technologies through your browser. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case. If you do not accept cookies, you may not be able to use some portions of the Services.
3. How We Use Information.
3.1. We may use the Information you provide about yourself to operate our Website, perform or fulfill Services requested by you, deliver information to you about our products and services, improve and tailor our products and services to better fit our Users, inform you of changes to our Website or this Privacy Policy, and to solicit additional information from you. When you become a Registered User or use certain Services, you are opting to receive certain messages from Top Side and will use your Information for such purposes. We may also use your Information to fulfill any other purpose for which you provide it, in any way we may describe when requesting the information, and for any other purpose with your consent. We may ask for your permission to share certain Personal Information with other Users of the Services. If you consent to the sharing of that Information then we may share such Information, as applicable, unless and until you revoke such permission. We may use Tracking Data and Usage Data collected from you through the Services to optimize or improve the Services, to perform statistical, demographic, and marketing analyses of users of the Services, and for such other purposes as it may deem necessary or beneficial to it from time to time. We will also use your Information to enhance the operation of our Website or Services, such as to improve our marketing and promotional efforts, statistically analyze site use, and improve our service offerings. We may also use your information to resolve disputes, troubleshoot problems and enforce our agreements with you, including sales terms and conditions and this Privacy Policy.
3.2. Top Side will not sell or rent your Personal Information. We may use and share your Personal Information with affiliated and non-affiliated organizations as necessary to perform business purposes as follows:
A. To our subsidiaries and affiliates, and to contractors, service providers, and other third parties affiliated with us in order to continue to develop our Website, improve our Services, and provide the Services to you.
B. As part of a transfer or assignment if we are acquired by, sold to, or merged with another entity, or otherwise reorganized or liquidated.
C. In response to legal process, court order, or government or regulatory request; to enforce other agreements with you, including for billing and collection purposes; and if we believe disclosure is necessary or appropriate to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, to verify or enforce compliance with the policies governing our sites and applicable laws or as otherwise required or permitted by law or consistent with legal requirements.
D. With credit card issuers and financial institutions in order to obtain payment from you, such that they may process payments and refunds, verify the absence of fraud, or assist in debt collection, in the course of the performance of a contract or on the basis of other legitimate interests.
E. With IT service providers (including IT platform provides and website analytic service providers) in order to provide the Services to you and to analyze your use of the Services, such that they may support our IT systems, provide hosting, processing and analyzing services with respect to information and data collected, and provide maintenance of such systems, in the course of the performance of a contract or on the basis of other legitimate interests.
F. With our agents and other service providers, in order for the same to perform function on our behalf, such as hosting, billing, notification, storage, content management, analytics, customer service, fraud protection, etc., in the course of the performance of a contract, on the basis of other legitimate interests, by legal obligation, or through your consent.
4. Children. The Website and Services are not directed to children under 16. We do not knowingly collect Personal Information from children under 16. If you become aware that a child under 16 has provided us with Personal Information without parental consent, please contact us. If we become aware that a child under 16 has provided us with Personal Information without parental consent, we will take steps to terminate the child’s account and delete any Personal Information provided to us.
5. Terminating your Account. If you are a Registered User, you can close your account by visiting [link]. We will remove your Public Profile from our Website, but we may retain Information for the purposes authorized under this Privacy Policy, and may also maintain residual copies of your Information in our backup systems, unless prohibited by law, or unless you opt out pursuant to the terms of this Privacy Policy.
6. California Consumer Privacy Act. The following provisions apply to you if you are a California resident or use our Services in California.
6.1. You have the right to request that we disclose to you (i) the categories and specific pieces of personal information that we has collected about you; (ii) the categories of sources from which the personal information was collected; (iii) the business or commercial purpose for collecting such data; and (iv) if any, the categories of third parties with whom we has shared personal information.
6.2. You have the right to request that we delete any personal information about you which we have collected from you, unless that information is necessary for us to retain pursuant to Cal. Civ. Code § 1798.105(d), which for instance, allows retention of such information for completing the transaction for which the personal information was collected, detecting security incidents, or complying with a legal obligation.
6.3. We will not discriminate against you in violation of Cal. Civ. Code § 1798.125 for exercising your rights set forth in this Section 8.
6.4. To submit requests for information or deletion pursuant to this Section 8, you may reach out via email to [email] or use the following form on our website to submit your request: [form link]. We will endeavor to disclose and deliver requested information to you without charge within 45 days of receiving your request, and if an extension of such timeframe is reasonably necessary, we will provide you notice of such extension. We not required to provide such information more than twice in a 12-month period. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
6.5. We have collected certain information from the following categories of “Personal Information,” as set forth in CA Code 1798.140(o)(1), from our users in the past 12 months: (i) identifiers, such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers; (ii) internet or other similar network activity information, including, but not limited to, as browsing history, search history, information on a consumer's interaction with a website, application, or advertisement; (iii) geolocation data; (iv) inferences drawn from other personal information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; and (v) commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
7. Opt-Out. If at any time you do not wish to receive certain communications stated herein from us, you may “opt-out” by writing to us by emailing [email] or submitting a request through our online form [here]. It may take up to 15 days for the change to be fully effective. Please note that in order to remain a Registered User, you may be unable to opt out of all communications from us, such as legal notices.
8. Security of Your Information. We have put in place industry-standard procedures to safeguard and help prevent unauthorized access, to maintain data security, and to use correctly the information we collect online, such as dedicated virtual private servers, a web application firewall, an encrypted database, and no third party access to the server. Unfortunately, we cannot guarantee that 100% of the data transmissions are secure. Therefore, while we strive to protect your personally identifiable information, you acknowledge that: (a) there are limitations to security and privacy of the Internet that are beyond our control; (b) the security, integrity and privacy of your personally identifiable information exchanged between you and us cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. For Registered User accounts that are paid, as defined in our Terms of Use, we may use a third-party payment processor to better ensure the security of your payment information. Such third-party processor may have its own Terms of Use and Privacy Policy. We recommend that you review such third-party policies when making a payment to us to understand the security measures such third-party has taken regarding your payment information.
9. Privacy Policies of Third-Party Sites. Except as otherwise discussed in this Agreement, this document only addresses the use and disclosure of Information we collect from you. Other sites accessible through our Website (including those linked by Registered Users, third-party payment processors used to process Registered Users’ payments as set forth in the Terms of Use, and third-party advertisements on the Website) have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy and terms of use. We are not responsible for the policies or practices of third parties. Additionally, other companies which may place advertising on our Website may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact those advertisers directly if you have any questions about their use of the information that they collect.
For questions or suggestions regarding this Privacy Policy, please contact us at [email].