Last Updated: March 6, 2019
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Information We Obtain
In connection with your use of the Site, you provide personal information to us in various ways. The types of personal information we obtain include personal information contained in content you submit, such as when you email us by clicking on TBWA email address hyperlinks on the Site. You are not required to provide this information but, if you choose not to do so, we may not be able to offer you certain of our services and features of the Site.
How We Use the Information We Obtain
We use the information we obtain on the Site on the basis of our legitimate interests, which we would be glad to describe further upon request, including to:
- provide our services to you;
- market our services to you;
- respond to your requests and inquiries;
- send you newsletters and other communications if you sign up to receive them;
- operate, evaluate and improve our business (including developing new services; enhancing and improving our services; managing our communications; and performing accounting, auditing and other internal functions);
- protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
We may also use the personal information we obtain on the Site to analyze our services, personalize your experience on the Site and perform data analytics and market research. As required by applicable law, we will obtain your consent to process personal information for these purposes. We also may use the information we obtain in other ways for which we provide specific notice at the time of collection.
Automated Collection of Data
When you use the Site, we obtain certain information by automated means, such as browser cookies and pixel tags. The information we obtain in this manner includes your device IP address, domain name, identifiers associated with your devices, device and operating system type and characteristics, web browser characteristics, language preferences, clickstream data, your interactions with the Site (such as the web pages you visit, links you click and features you use), the pages that led or referred you to the Site, dates and times of access to the Site, and other information about your use of the Site.
A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. This technology helps us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with the Site; (3) tailor the Site around your preferences; (4) measure the usability of the Site; (5) understand the effectiveness of our communications; and (6) otherwise manage and enhance the Site.
To the extent required by applicable law, we will obtain your consent before placing non-essential cookies or similar technologies on your computer. You can stop certain types of cookies from being downloaded on your computer by selecting the appropriate settings on your web browser. Most web browsers will tell you how to stop accepting new browser cookies, how to be notified when you receive a new browser cookie and how to disable existing cookies. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu or by visiting www.allaboutcookies.org. The Site is not designed to respond to “do not track” signals received from browsers. Please note that, without cookies or other automated tools, you may not be able to use all of the features of the Site.
We do not obtain personal information about your online activities over time or across third-party websites, devices or other online services. On the Site, we use third-party online analytics services, such as those of Google Analytics. To the extent required by applicable law, we will obtain your consent before using third-party analytics cookies. The service providers that administer these analytics services use automated technologies to collect data (such as email address, IP addresses, cookies and other device identifiers) to evaluate, for example, use of the Site and to diagnose technical issues. To learn more about Google Analytics and how to manage your preferences, please visit https://support.google.com/analytics/answer/6004245.
We also may disclose information about you (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; (6) in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); or (7) otherwise with your consent.
Your Rights and Choices
To the extent provided by applicable law, you have the right to (1) request access to the personal information we maintain about you; (2) request that we update, correct, amend, erase or restrict the information; or (3) exercise your right to data portability, by contacting us as indicated below. Depending on your location, you may have the right to file a complaint with a government regulator if you are not satisfied with our response. If you are located in the EEA and are not satisfied with our responses, you may lodge a complaint with the data protection authority in your country of residence, place of work or place of the alleged infringement of the GDPR. Where provided by law, you may withdraw any consent you previously provided to us or object at any time to the processing of your personal information on legitimate grounds relating to your particular situation, and we will apply your preferences going forward. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to your information. To the extent permitted by applicable law, a charge may apply before we provide you with a copy of any of your personal information that we maintain.
Other Online Services and Third-Party Features
The Site may provide links to other online services and websites for your convenience and information (e.g., Facebook, Vimeo Instagram, LinkedIn and Twitter buttons). These services, websites, and third-party features may operate independently from us. The privacy practices of these third parties, including details on the information they may collect about you, are subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by us, TBWA is not responsible for these third parties’ information practices.
Retention of Personal Information
To the extent permitted by applicable law, we retain personal information we obtain about you for the duration of our relationship with you, plus a reasonable period to be able to run regular deletion routines, to take into account the applicable statute of limitations period or to comply with mandatory applicable law.
How We Protect Personal Information
We maintain administrative, technical and physical safeguards designed to protect personal information we obtain through the Site against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Children’s Personal Information
The Site is designed for a general audience and is not directed to children under the age of 16. TBWA does not knowingly collect or solicit personal information from children under the age of 16 through the Site. If we learn that we have collected personal information from a child under the age of 16, we will promptly delete that information from our records. If you believe that a child under the age of 16 may have provided us with personal information, please contact us as specified in the How to Contact Us section below.
General Counsel and Secretary
TBWA Worldwide Inc.
488 Madison Avenue
New York, NY 10022
Residents of the EEA may contact us at: email@example.com.
If you are located in the EEA, the entity responsible for the processing of your personal information in the EEA is TBWA Worldwide Inc.
Privacy Shield Policy
Last Updated: November 13, 2017
TBWA Worldwide Inc. (“TBWA”) respects your concerns about privacy. TBWA participates in the EU-U.S. and Swiss-U.S. Privacy Shield (collectively, the “Privacy Shield”) frameworks issued by the U.S. Department of Commerce. TBWA commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the company receives from the EU and Switzerland in reliance on the Privacy Shield. This Policy describes how TBWA implements the Privacy Shield Principles for Consumer Personal Data.
For purposes of this Policy:
“Client” means any entity that purchases or otherwise obtains products or services from TBWA.
“Consumer” means any natural person who is located in the EU or Switzerland, but excludes any individual acting in his or her capacity as an Employee.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“Employee” means any current, former or prospective employee of TBWA, or any of its European or Swiss affiliates, who is located in the EU or Switzerland.
“EU” means the European Union and Iceland, Liechtenstein and Norway.
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by TBWA in the U.S. from the EU or Switzerland, and (iii) recorded in any form.
“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (including trade union-related views or activities), sex life (including personal sexuality), information on social security measures, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings (including administrative proceedings and criminal sanctions).
Types of Personal Data TBWA Collects
As a Processor, TBWA receives Personal Data about its Clients’ Consumers located in the EU and Switzerland. TBWA’s Clients provide the Personal Data to TBWA in connection with TBWA’s provision of services to its Clients. In this capacity, TBWA acts pursuant to its Clients’ instructions. The types of Personal Data TBWA’s Clients provide include names, postal addresses, email addresses, phone numbers and social media interactions. TBWA processes Consumer Personal Data in the U.S. to provide products and services to its Clients.
TBWA’s privacy practices regarding the processing of Consumer Personal Data comply, as appropriate, with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.
When TBWA acts as a Processor and Consumer Personal Data is transferred to TBWA in the U.S. on behalf of a Client, the Client is responsible for providing appropriate notice to its Consumers and obtaining the requisite consent.
Privacy notices pertaining to specific data processing activities also may contain relevant information.
When TBWA maintains Personal Data about Consumers with whom TBWA does not have a direct relationship because TBWA obtained or maintains the Consumers’ data as a Processor, TBWA’s Clients are responsible for providing the relevant Consumers with certain choices with respect to the Clients’ use or disclosure of the Consumers’ Personal Data.
TBWA shares Consumer Personal Data with its affiliates and subsidiaries. TBWA may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. TBWA also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
Accountability for Onward Transfer of Personal Data
To the extent TBWA acts as a Controller, except as permitted or required by applicable law, TBWA provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. TBWA requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify TBWA and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.
With respect to transfers of Consumer Personal Data to third-party Processors, TBWA (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with TBWA’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify TBWA if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. TBWA remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless TBWA proves that it is not responsible for the event giving rise to the damage.
TBWA takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
Data Integrity and Purpose Limitation
TBWA limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. TBWA does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes and consistent with its role as a Controller or Processor, TBWA takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, TBWA relies on its Consumers and Clients (with respect to Personal Data of Consumers with whom TBWA does not have a direct relationship) to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers (and Clients, as appropriate) may contact TBWA as indicated below to request that TBWA update or correct relevant Personal Data.
Subject to applicable law, TBWA retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer or Client, as appropriate.
Consumers generally have the right to access their Personal Data. Accordingly, to the extent TBWA acts as a Controller, where appropriate, TBWA provides Consumers with reasonable access to the Personal Data TBWA maintains about them. TBWA also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. TBWA may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting TBWA as indicated below.
When TBWA maintains Personal Data about Consumers with whom TBWA does not have a direct relationship because TBWA maintains the Consumers’ data as a Processor for its Clients, TBWA’s Clients are responsible for providing Consumers with access to the Personal Data and the right to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. In such circumstances, Consumers should direct their questions to the appropriate TBWA Client. When a Consumer is unable to contact the appropriate Client, or does not obtain a response from the Client, TBWA will provide reasonable assistance in forwarding the Consumer’s request to the Client.
Recourse, Enforcement and Liability
TBWA has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. TBWA conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions the company makes about its Privacy Shield privacy practices are true and that the company’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.
Consumers may file a complaint concerning TBWA’s processing of their Personal Data. TBWA will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact TBWA as specified below about complaints regarding the company’s Consumer Personal Data practices.
If a Consumer’s complaint cannot be resolved through TBWA's internal processes, TBWA will cooperate with JAMS pursuant to the JAMS International Mediation Rules, available on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield. JAMS mediation may be commenced as provided for in the relevant JAMS rules. Following the dispute resolution process, JAMS or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over TBWA. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about TBWA’s compliance with the Privacy Shield Principles.
When TBWA maintains Personal Data about Consumers with whom TBWA does not have a direct relationship because TBWA obtained or maintains the Consumers’ data as a Processor for its Clients, Consumers may submit complaints concerning the processing of their Personal Data to the relevant Client, in accordance with the Client’s dispute resolution process. TBWA will participate in this process at the request of the Client or the Consumer.
How to Contact TBWA
To contact TBWA with questions or concerns about this Policy or TBWA’s Consumer Personal Data practices:
TBWA Worldwide Inc.
Attn: General Counsel
488 Madison Avenue
New York, NY 10022