Privacy Policy

1. Preamble

Thank you for using our platform and services that link to this Privacy Policy, including topithub.com (the “Sites”). TopITHub (“TopITHub,” “we,” “us,” and/or “our”) operates these Platform to provide our users (“you” and “your”) with tools and information about us and our services.

TopITHUb recruits, selects and matches the best available and qualified IT talents in a variety of fields with clients who need the IT Talent’s skills and expertise (“Clients”).

We respect your privacy rights, and we take our responsibilities and obligations about it. We want you to know that TopITHub is not in the business of selling your information. This privacy policy (“Privacy Policy”) explains our data practices in depth, so that you know how and why we collect and use your information in compliance with applicable data regulations.

2. Range

This Privacy Policy explains how we collect, retain, and use information, including personal data ("Personal Data"), about Individuals, Job seekers, Freelancers, IT Contractors, Talents, Clients, potential Clients, Site visitors, vendors, agencies, and others in accordance with applicable data protection laws and Collection and Use of Personal Data.

The information we receive and how we use it varies based on our relationship with you. The sections below explain our data practices based on our different relationships with users.

2.1 Individuals, Job Seekers, IT Contractors, Tech Teams, Freelancers, Including Talents

2.1.a. Information We Collect

2.1.a.1. Information That You Provide to Us

We collect information from applicants and during our screening process we need to evaluate your qualifications such as your language skills, personality, domain-specific knowledge, competence, professionalism, and technical skills. If we admit you as a Talent, we may also collect this information throughout your time in the Hub. We may ask you to provide information about yourself, which could include your: Name; Contact information; Address; Location; Work experience; Education; References; Photo; Government-issued identification; Social network information; Salary expectations

2.2. Background Checks

Based on your potential role as a Talent, we may request a background check that will collect additional data about you through a third-party service provider. If applicable to you, your express written consent to the collection of such additional data by the third-party service provider will be solicited at such time, pursuant to applicable laws.

2.3. Profile Creation

If we invite you to be a Talent, we may use some of your Personal Data to enable you to create a profile for us to display within the Services, which may be viewed by Clients seeking Talents.

2.4. Client Feedback

If you become a Talent, Clients you engage with may provide us information about your performance.

2.5. Information Obtained from Third Parties

We may collect information, such as your name, contact information, address, work experience, and education from publicly available sources, third-party data providers, or services. This includes sources such as professional job boards or social media websites, like LinkedIn, GitHub, Facebook, etc.

2.6. Automatically Collected Data

When you interact with us through the platform or services, we may automatically collect certain information. Please read the “Site Visitors” section below for more information.

2.7. How We Use the Information

2.7.a. To Provide the Service and Respond to Requests

We use your Personal Data to process your request to become a Talent.

2.7.b. For Certain Legitimate Interests

We also may use your Personal Data for certain business interests deemed legitimate under applicable law, including:

• • To send you administrative information, for example, information regarding the Platform and changes to our terms, conditions, and policies.
• • To conduct analytics on how you use the Platform and our Service for our internal purposes and to better understand your needs and interests to personalize your experience with our Services.
• • To maintain our Services
• • To develop and market our Services and showcase the platform and the individuals, open to work to actual and potential Clients.
• • If you ask us to delete your data and we are required to fulfill your request, we will keep basic data to identify you to prevent fraud or further unwanted processing.

2.8. Activities With Your Consent

We may also ask for your consent to use your Personal Data for a purpose that is not listed on this Privacy Policy, and we will use your Personal Data for that purpose to the extent that you freely provide your informed consent.

For individuals in the EU and the UK, please see the EU and UK Individuals section below for information on your rights. For individuals that reside in California, please see the California section below for information on your rights.

3. Clients and Prospective Clients

3.1. Information We Collect

3.1.a. Information That You Provide to Us

We collect Personal Data from Clients and Prospective Clients (collectively “Clients”) when a Client visits our Platform and begins to use our Services. This information may include, among other kinds of data: Names; Contact information; Job titles; Location; and Company information, including the type of candidates or collaboration the Client is looking to engage and other information related to the Client’s needs.

3.1.b. Information Obtained from Third Parties

We may collect additional information about you and your company from publicly available or from third-party databases or services that provide information about business contacts and companies (including individuals’ names, job titles, business contact information, and company information).

3.2. Automatically Collected Data

When you interact with us through the Platform or Services, we automatically collect certain information. Please read the “Site Visitors” section below for more information.

3.3. How We Use the Information

3.3.a. To Provide the Services and Respond to Requests

We use the Personal Data you provide consistent with this Privacy Policy. If you provide Personal Data for a certain reason, if we use the Personal Data, we will do so in connection with the reason for which you provided it.

3.3.b. For Marketing Purposes

We may use your contact details to tell you about Services, upcoming events, and other promotions that we believe you will be interested in. In addition, if at any time you wish not to receive any future marketing communications or you wish for us to delete your contact information from our mailing lists, please contact us at contact@topithub.com or at our mailing address below.

Where required by applicable law, we will only send you marketing information by email if you consented to our use of your Personal Data for such communications.

3.3.c. For Certain Legitimate Interests

We may use your Personal Data for the certain business interests deemed legitimate under applicable law, including:

• • To send you administrative information, for example, information regarding the Site and changes to our terms, conditions, and policies.
• • To respond to your inquiries and fulfill your requests, such as to send you requested materials, newsletters and information and materials regarding our products and Services.
• • To prevent fraud, criminal activity, and misuses of our products or services and to ensure the security of our IT systems, architecture, and networks.
• • For legal reasons, including to comply with legal obligations and legal process, respond to requests from public and government authorities including public and government authorities outside your country of residence, enforce our agreements with you, protect our operations, protect our rights, privacy, safety or property, and/or that of you or others, and allow us to pursue available remedies or limit the damages that we may sustain.
• • If you ask us to delete your data and we are required to fulfill your request, to keep basic data to identify you and to prevent future fraud or further unwanted processing.

3.3.d. Activities With Your Consent

We may also ask for your consent to use your Personal Data for a purpose that is not listed on this Privacy Policy, and we will use your Personal Data for that purpose to the extent that you freely provide your informed consent.

For individuals in the EU and the UK, please see the “EU and UK Individuals” section below for information on our legitimate interests and your rights. For individuals that reside in California, please see the California section below for information on your rights.

4. Site Visitors

When you interact with us through the Platform or the Services, we and service providers acting on our behalf will automatically collect information about you through cookies and other technologies. Please review the toptal.com Cookie Policy or relevant cookie policy for one of our other websites to learn more about how we use cookies and other technologies on the specific Site you are using.

As a Site Visitor, our servers record information (“log data”), including information that your browser automatically sends whenever you visit the Site. This log data includes your Internet Protocol (“IP”) address from which we understand the country you are connecting from at the time you visit the Site, browser type and settings, and the date and time of your request.

We use this automatically collected data for our legitimate interests in maintaining the safe operation of our Site, maintaining our legal obligations and our legitimate interest in learning how Site visitors interact with our Site to improve your use of the Site.

4.1. Disclosing Your Personal Data

We are not in the business of selling your information. We regard your privacy.

There are, however, certain circumstances in which we may share your Personal Data with certain third parties, as explained below:

4.1.a. Agents, Consultants and Other Service Providers

third parties to perform certain business-related functions. These third parties include website analytics companies, providers of digital advertising services, our hosting and cloud computing service providers, providers of customer relationship management software, marketing and sales software solutions, providers of billing and processing payments functions and providers of background check services. When we engage another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. Pursuant to our instructions, these parties may access, process, or store Personal Data in the course of performing their duties to us and solely in order to perform the services we hired them to provide.

4.1.b. Data Retention

Our policy is to keep your Personal Data only for as long as is reasonably necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. If you elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.

To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.

5. Region Specific Information

You may be able to exercise certain rights and access certain information depending on your location. Please review the following sections for more details. You can reach out to contact@topithub.com with questions about your information.

5.1. EU and UK Individuals

5.1.a. Range

This section applies solely to individuals in the United Kingdom and European Union, provided however that reference to the EU also includes certain non-EU countries including, where applicable, Switzerland and the European Economic Area countries of Iceland, Liechtenstein, and Norway. Our Privacy Policy describes why and how we collects, use, and store your Personal Data, the lawful basis on which your Personal Data is processed, and what your rights and our obligations are in relation to such processing (please see “Your Rights” section below).

5.1.b. Data Controller

TopITHub is the data controller for processing your Personal Data. The data controller is responsible for deciding how Personal Data about you is used. Please contact us with any questions at contact@topithub.com or at the address provided in the Contacting section.

5.2. Your Rights

Subject to applicable EU and UK law and where possible, you have the following rights in relation to your Personal Data:

• • Right of access. You may ask us to confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. This may include the purposes of the processing, the categories of Personal Data, the recipients of the Personal Data, the right to lodge a complaint, and available information on the source of the Personal Data. If you require additional copies, we may charge a reasonable fee.
• • Right to rectification. If your Personal Data is inaccurate or incomplete, you may ask that we erase, amend, or rectify it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, we will also tell you with whom we shared your Personal Data so you can contact them directly.
• • Right to erasure. You may ask us to delete or remove your Personal Data in certain circumstances, such as where our processing is based on your consent. We may retain certain information consistent with applicable law, such as to prevent fraud, or where we have a compelling legitimate ground to do so. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, we will also tell you with whom we shared your Personal Data with so you can contact them directly.
• • Right to restrict processing. You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances. We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, we will also tell you with whom we shared your Personal Data so you can contact them directly.
• • Right to data portability. You may ask to obtain the Personal Data that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Data in a structured, commonly used, and machine-readable format.
• • Right to object. You may ask us at any time to stop processing your Personal Data, and we will do so unless we have a compelling legitimate ground for the processing. We will comply with requests to stop processing your Personal Data as your requests apply to direct marketing.
• • Rights in relation to automated decision-making and profiling. You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, which produce a significant legal effect on you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us, or with your explicit consent. We use automated decision-making to ensure that we comply with various laws and regulations restricting what regions, individuals, and entities we are able to work with.
• • Right to withdraw consent. If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time, but this will not affect any data that we already processed.
• • Right to lodge a complaint with the data protection authority. If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

You may exercise your rights by contacting us as indicated under the Contacting section below.

5.3. Legitimate Interest

“Legitimate interests” means our interests in conducting and managing our organization and delivering the best Services to you. This Privacy Policy describes when we process your Personal Data for our legitimate interests, what these interests are and your rights. We will not use your Personal Data for activities where the impact on you outweighs our interests unless we have your consent or those activities are otherwise required or permitted by law. You have the right to object to processing that is based on our legitimate interests. For more information on your rights, please see the “Your Rights” section above.

5.4. Data Transfers

We are based in Switzerland. When you apply to use our Services, or otherwise, as a Client you use our Platform, your Personal Data will be transmitted to servers in Europe (most common Germany) as necessary to provide you with the Services that you requested, administer our contract with you or to respond to your requests as described in this Privacy Policy, and your Personal Data may be transmitted to our service providers supporting our business operations.

5.5. California

Our Privacy Policy describes above why and how we collect, use, and store your Personal Data, the lawful basis on which your Personal Data is processed, and what your rights and our obligations are in relation to such processing.

If you are a California resident, you, or a person verifiably authorized to act on your behalf, have certain rights under the California Consumer Privacy Act and its successor legislation, the California Privacy Rights Act, collectively the “CCPA.” For the purpose of this section, certain words, including “sale,” “share,” “business purpose,” and “personal information” have the meanings defined in the CCPA. For the purpose of this Privacy Policy, we use “Personal Data” to cover “personal information” as defined in the CCPA.

We update our Privacy Policy based on our current practices. As required by the CCPA, the information in this section is relevant for the last twelve-month time period. During that time, we collected the categories of Personal Data listed in the relevant sections above from the sources listed in those sections (i.e., from you, third parties, or automatically). During the last twelve-month period, we have not sold Personal Data.

Your rights under the CCPA include the following, which you may execute by contacting us at contact@topithub.com where possible and allowed by law:

• • Right to request deletion of your Personal Data. You may ask us to delete or remove your Personal Data. If we shared your Personal Data with others, we will tell them about the deletion where possible. If you ask us, we will also tell you with whom we shared your Personal Data with so you can contact them directly.
• • Right to request us to correct inaccurate Personal Data. If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, we will also tell you with whom we shared your Personal Data so you can contact them directly.
• • Right to know what Personal Data is sold or shared and with whom. We do not sale your Personal Data. You may ask us to clarify what Personal Data, if any, is shared and with whom we share it, along with certain additional details.
• • Right to opt out of sale or sharing of Personal Data for behavioural advertising and right to not be retaliated against for opting out. If you would like to opt out of TopITHub sharing your Personal Data with third parties for cross-context behavioural advertising, you have the right to do so. To opt out mail your request to contact@topithub.com; and disable the use of analytics/advertising cookies as we describe in our Cookie Policy. You must complete this step on each of our websites from each browser and on each device that you use.

If you block cookies, we may be unable to comply with your opt out request with respect to device data that we automatically collect and disclose to third parties online using cookies, pixels, and other tracking technologies. If you clear your cookies, you may need to disable the use of all advertising cookies again.

• • Right to access your Personal Data. If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may charge a reasonable fee.
• • Shine the Light Requests. You may also request that we provide you with a list of the categories of Personal Data, if any, that we disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and the identity of those third parties.
• • Right to Non-Discrimination. TopITHub will not discriminate against you if you exercise any of your rights under the CCPA.

If you would like to exercise your rights or have questions about your rights or information, please contact us at contact@topithub.com or at the addresses included in the Contacts section.

5.5.a. Your Choices

You can use the Sites without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.

6. Exclusions

This Privacy Policy does not apply to any Personal Data collected by us other than Personal Data collected through the Platform, Services, events, third parties or as otherwise stated in this Privacy Policy. This Privacy Policy shall not apply to any unsolicited information you provide to TopITHub through this Platform or through any other means (without prejudice to your rights under the applicable law). This includes, but is not limited to, information posted to any public areas of the Sites, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions. All Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, distribute, and exploit such Unsolicited Information without limitation or attribution.

7. Children

Our Platform, TopITHub, does not knowingly collect Personal Data from children under the age of 16. If you are under the age of 16, please do not submit any Personal Data through the Platform. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on these Sites without their permission. If you have reason to believe that a child under the age of 16 provided Personal Data to us through this Platform, please contact us, and we will delete that information from our databases.

8. Links to Other Websites

The Sites may contain links to other websites not operated or controlled by us (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third-Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or review the Third-Party Sites. We suggest contacting those sites directly for information on their privacy practices and policies.

9. Security

We take steps to protect the Personal Data provided via the Platform or the services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.

10. Other Terms and Conditions

Your access to and use of topithub.com is subject to our Website Terms & Conditions. Your access to and use of other Sites may be subject to different terms and conditions. Please review those Sites for more information.

11. Changes to TopITHub´s Privacy Policy

The Platform and our business may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice, unless otherwise required by the applicable law. Please review this policy periodically, and especially before you provide any Personal Data. Your continued use of the Platform after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy, without prejudice to your rights under the applicable law.

12. Contacting Us

Please contact us if you have any questions about our Privacy Policy, the information practices of the Platform, or if you have questions about your rights

You may contact us as follows: by email at contact@topithub.com, or by mail at:

TopITHub

Reinacherstr. 6

4053 Basel, Switzerland

TopITHub

66 Vitosha Blvd, 4th Floor

1000 Sofia, Bulgaria

Thank you!