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Privacy Policy

Last Updated: June 18, 2018

TBWA Worldwide Inc. (“TBWA”) respects your concerns about privacy. This privacy policy (“Privacy Policy”) describes the types of personal information we collect about individuals on www.tbwa.com (the “Site”), how we may use the information, with whom we may share it, your rights and the choices available regarding our use of the information. The Privacy Policy also describes the measures we take to safeguard the personal information, how long we retain it and how individuals can contact us about our privacy practices and to exercise their rights.

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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:

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 www.google.com/analytics/learn/privacy.html.

Information Sharing

We do not disclose personal information we obtain about you, except as described in this Privacy Policy. We share your personal information with our (1) subsidiaries and affiliates and (2) service providers who perform services on our behalf, including data analytics providers, for the purposes described in this Privacy Policy. We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

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.

Data Transfers

We transfer the personal information we collect about you to recipients (including our subsidiaries and affiliates, and third-party service providers) in countries other than the country in which the information originally was collected, including the U.S. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to recipients in these countries, we will protect that information as described in this Privacy Policy and will comply with applicable legal requirements to provide adequate protection for the transfer of personal information to recipients in countries other than the one in which you provided the information.

If you are located in the European Economic Area (“EEA”) or Switzerland, we will comply with applicable legal requirements providing adequate protection for the transfer of personal information to recipients in countries outside of the EEA and Switzerland. With respect to transfers of personal information to the U.S., TBWA Worldwide Inc. is certified under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks developed by the U.S. Department of Commerce and the European Commission and Swiss Federal Data Protection and Information Commissioner, respectively, regarding the transfer of personal information from the EEA or Switzerland to the U.S. Click here to view our EU-U.S. and Swiss-U.S. Privacy Shield Privacy Policy. Your information will also be transferred to our third party service providers in the U.S. We have implemented appropriate safeguards designed to ensure an adequate level of data protection, including by concluding data transfer agreements incorporating the European Commission’s Standard Contractual Clauses under Article 46 of the EU General Data Protection Regulation (GDPR), or by selecting U.S. service providers that are certified to the Privacy Shield frameworks. You may obtain a copy of these data transfer mechanisms by contacting us as indicated below.

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.

Updates to Our Privacy Policy

This Privacy Policy may be updated periodically to reflect changes in our personal information practices. We will indicate at the top of the notice when it was most recently updated.

How to Contact Us

To update your preferences, update or correct your information, submit a request, ask us questions about this Privacy Policy, or exercise other applicable privacy rights, please contact us by email at privacy@tbwa.com or write to us at:

U.S:
General Counsel and Secretary
TBWA Worldwide Inc.
488 Madison Avenue
New York, NY 10022


EEA:
Residents of the EEA may contact us at: privacy@tbwa.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.

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/.

If you are located in the European Economic Area (“EEA”), with respect to transfers of personal information to the U.S., TBWA is certified under the EU-U.S. Privacy Shield framework developed by the U.S. Department of Commerce and the European Commission regarding the transfer of personal information from the EEA to the U.S. Click here to view our EU-U.S. Privacy Shield Privacy Policy.

2. Controller

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.

5. Compliance

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.

We may transfer the personal information we collect about you to recipients in countries other than the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to recipients in other countries (such as the U.S.), we will protect that information as described in this Privacy Policy.

If you are located in the European Economic Area (“EEA”), we will comply with applicable legal requirements providing adequate protection for the transfer of personal information to recipients in countries outside of the EEA. With respect to transfers of personal information to the U.S., TBWA Worldwide Inc. is certified under the EU-U.S. Privacy Shield framework developed by the U.S. Department of Commerce and the European Commission regarding the transfer of personal information from the EEA to the U.S. Click here to view our EU-U.S. Privacy Shield Privacy Policy.

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

The Site may contain links to websites provided by third parties (individually a “Third-Party Site”). Your use of a Third-Party Site will be subject to its terms of use and other provisions, for which you are responsible if you proceed to such Third-Party Site. This policy does not cover the privacy policies or practices of any Third-Party Site, and Company is not responsible for any information you submit to, or otherwise collected by, any Third-Party Site. Company is only responsible for personal information it collects from you in connection with your authorized use of the Site or from other sources in the ordinary course of business. You should consult each Third-Party Site for its privacy policy or practice before submitting any personal information to, or otherwise using, such Third-Party Site.

11. E-Mail

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.

12. Access

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.

14. Disputes

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.

16. Severability

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.

17. Revisions

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
privacy@tbwa.com

Effective Date: September 30, 2016