Privacy policy.

Last Updated: December 10, 2020

Top Down 360, LLC (“Top Down” and/or “Top Down Photography & Imaging” and/or “Company” and/or “we” and/or “us“) provides this Privacy & Data Protection Policy (“Policy“) with respect to the collection, use and disclosure of personal information we receive from users of www.TopDownPhotos.com (“Site“) and our application for mobile devices (“App“)

This Policy may be updated from time to time. Material changes we will notified by means of a notice on the Site/App prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

The terms “using” and “processing” with respect to information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the State of Texas or internationally.

Transfer

YOUR INFORMATION MAY BE TRANSFERRED TO – AND MAINTAINED ON – COMPUTERS LOCATED OUTSIDE THE STATE OF TEXAS IN OTHER GOVERNMENTAL JURISDICTIONS WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN TEXAS. YOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.

Collection and Use

We collect information mainly to provide and improve our Site/App, services, features and content, provide the Service, complete your transactions, administer your inquiries and to administer your use of the Site and App (collectively, the “Service“).

Identifiable Information

Upon registration we ask for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Identity Information“) such as name, phone number, email address, home postal address. Identifiable Information does not include credit card number or billing information.

In order to process transactions through the Site and/or App, we ask for credit card number and other billing information (“Billing Information“) (Identity Information and Billing Information together, “Personal Information“). If the address you post matches that of your credit card billing address, that address would be considered Identity Information.

You can also register to join by logging into online accounts you may have with third party service providers; each such account, a “Third Party Account“, via our Site or App as described below. As part of the functionality of the Site, Service and App, you may link your Company account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Company through the Site, Service or App; or (ii) allowing Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations. If you decide to register by logging into a Third Party Account via our Site or App, we will obtain the Personal Information you have provided such as name, email address, profile picture, names of friends, names of groups to which you belong, other information you make publicly available and/or other information you authorize Company to access from your Third Party Accounts and use that information to create your Company account and Company account profile page. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store the information in your Third Party Accounts so that it is available on and through your Company Account on the Site, Service and App. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings such people have.

We collect other information (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) (“Non-Identifying Information“).

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

We also use your Personal Information to contact you with Company newsletters, marketing or promotional materials and other information that may be of interest to you. You may decide at any time to unsubscribe. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.

LOG DATA

Our servers automatically record information that your browser sends whenever you visit a website (“Log Data“). Log Data may include information such as your computer’s Internet Protocol (“IP“) address, browser type or the webpage you were visiting before you came to our Site and App, pages of our Site and App that you visit, the time spent on those pages, information you search for on our Site and App, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, App and the Service and for the Site and App’s technical administration, to increase our Site and App’s functionality and user-friendliness, and to better tailor our Site and App to our visitors’ needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Cookies

A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We utilize persistent cookies to save your login information for future logins to the Site and Application. We utilize session ID cookies to enable certain features of the Site and App, to better understand how you interact with the Site and App and to monitor aggregate usage by Company Users and web traffic routing on the Site and App. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site, App and Service and then close your browser. Third party advertisers on the Site and App may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or App or all functionality of the Service.

Web Beacons

Our Site and App may contain electronic images known as web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and App are used and may be used in some of our emails to let us know which emails and links have been opened by recipients.

Company Members and Users

When you create a Company account, your personal profile will be created automatically at the time you select "submit".

AGGREGATE INFORMATION AND NON-IDENTIFYING INFORMATION

We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

SERVICE PROVIDERS

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and App-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of users and improvement of the Site and App’s features) or to assist us in analyzing how our Site, App and Service are used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications.

COMPLIANCE WITH LAWS AND LAW ENFORCEMENT

We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Company or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

BUSINESS TRANSFERS

Company may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

CHANGING OR DELETING YOUR INFORMATION

All members may review, update, correct or delete the Personal Information in their registration profile by contacting us at info@topdownphotos.com or editing the relevant part of their profile. If you would like us to cancel your account, please contact us or select the feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your account.

Security

Company is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number and/or ID number) on our registration or order forms, we encrypt all credit card information via Swipe, a certified Level 1 PCI DSS compliant. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. We cannot guarantee its absolute security.

Our Policy Towards Minors

We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.