CDI Privacy Policy

Effective Date: 2021-10-05

This Privacy Policy describes how Cogent Design, Inc. d/b/a tops Software (“CDI,” “we,” “our” or “us”) collects, uses, processes, maintains, and shares information that we may collect or that you provide when you visit our website or use our products or services. This Policy applies to visitors, customers, and users (individually, “you”) of CDI’s website, social media webpages, and in connection with your use of certain of our products or services (collectively, our “Services”). This Privacy Policy does not apply to information collected by us offline or through any other means not specified in this Policy, including information collected through any third-party website that may link to or be accessible from or on our website.

Please read this Privacy 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 our Services. By accessing or using our Services you agree to this Privacy Policy. This Policy may change from time to time. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

1. Information We Receive or Collect From You

To provide you with our products and services, we collect several types of information from and about you when you visit our Website or use our Services, including, but not limited to, Personal Information that identifies, relates to, describes, or can be used to contact, or could reasonably be linked directly or indirectly to you. Examples of the categories of Personal Information we collect directly from you as you visit or interact with our Services include, but are not limited to, the following types information:

  • Contact Information: When you contact us via email or through our website, you may provide us, and we may collect, certain contact information, including your name, email address, practice and location, and telephone number (Contact Information). We may also collect and keep records or copies of your correspondence, if you contact us.
  • Community and Social Media Posting: You have the ability to send us testimonials or reviews, post comments, images, and information using any community networking features available on or accessible through the Service and our social networking pages (“User Contributions”). You should be aware that any User Contributions you submit in the course of these community activities can be read, collected, or used by us or other users and visitors to our websites or social networking pages. Your User Contributions are posted and transmitted to others at your own risk. We are not responsible for the information you choose to make public in any of our community networking features available on or through the Service.
  • Payment and Transaction Information: If you choose to purchase any of our Services, you will be asked to provide (at a minimum) your name and payment information (Payment Information). We may also collect and keep records of the transactions that you carryout through our Services and the fulfillment of your orders.
  • Information Generated By Us: When you use our Services, we may also collect the information relating to your use of our websites and your device(s), including information about:
    • Your device model
    • Operating System
    • Browser type
    • Unique device identifier
    • IP address
    • Your browsing history

We collect this information automatically when you use our Services. We use this information to make our Services easier to navigate as well as to personalize the content provided on our Services. For more information about this information collection practice please see Section 2.

Children Under the Age of 13: CDI’s Services are for individuals 18 years old or older. Our website and Services are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the website. We do not knowingly collect information from children under 13. If you are under 13, do not use or provide any information on our website or through any of its features, make any purchases through the website, or make any of the User Contributions. If we learn we have collected or received information from a child under 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us at support@topsortho.com.

2. Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details about your visits to our website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the website.
  • Information about your computer or device’s Internet connection, including your IP address, operating system, and browser type.

Collecting this information helps us to improve our website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our website according to your interests.
  • Speed up your searches.
  • Recognize you when you return to our website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website.
  • Web Beacons. Pages of our website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

3. Collection of Information by Third-Party Websites

Third-party websites linked to or from this website may have information practices different from ours. You

should consult the other websites’ privacy policies because we have no control over information that is submitted to, or collected by, these third parties. The inclusion of a link to a third-party website does not imply an endorsement of the website by CDI or any association with the third-party website’s operators.

4. Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on the website are served by third parties, including content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. We do not control these third parties’ tracking technologies (if any) or how they may be used. If you have any questions about an application or other targeted content, you should contact the responsible provider directly.

5. How We Use Information We Receive or Collect

We value your privacy and do not sell or share your Personal Information with unaffiliated third parties for their own uses or marketing purposes. We use the information that we collect about you or that you provide to us, including any Contact Information:

  • To present our website and its contents to you.
  • To provide and improve our Services, and to develop new Services.
  • To fulfill your requests for certain Services, such as distributing electronic newsletters and enabling youto participate in surveys and our community and social networking pages.
  • To communicate with you about your use of our Services and to send you information that you requestedor agreed to receive.
  • To send you marketing communications about offers, promotions, upcoming events, and other newsabout Services offered by CDI or those offered by third parties that we believe you would be interestedin, as permitted by law.
  • To alert you to the latest developments and features on our Services and to notify you of administrativeinformation, such as security or support and maintenance advisories.
  • To notify you about changes to our website or any Services we offer.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between youand us, including for billing and collection.

For any other purpose with your consent.

Email Address: We do not sell or give your email address to other companies for their own marketing purposes without your permission. However, we may use your email address or other Contact Information to provide you with technical support and/or to send you notices about our Services and/or other promotional offers that you have elected to receive.

Contact Information: We do not sell or give your Contact Information to other third party companies for their own marketing purposes without your permission. We do use your Contact Information, however, to contact you, and to provide you with any information you requested and to provide you with special offers or other information. For more information about managing our marketing communications, see Section 7 Managing Your Information.

Job Applications: We receive information that you submit to us as part of a job application and collect it for the purpose of processing your job application with us. We do not sell or share any employment application information with third parties without your permission.

Anonymized, Aggregate Data: To enhance the effectiveness of our Services and for industry research and analysis, benchmarking, and other similar purposes, we may aggregate and use non-directly identifying user or organizational information.

6. How We Share Information We Receive or Collect with Others

We may disclose information that we collected about you or that you provided us as described in this Privacy Policy as follows:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who perform services or functions on our behalf (collectively, “Service Providers”).
  • To fulfill the purpose for which you provided it to us. For example, if you purchase any products or services from us, we will transmit your Payment Information to our payment processors to fulfill your service order.
  • With your consent.

Related Companies: We may share your information with a buyer or our successor in interest in the event of a corporate reorganization, restructuring, merger, divestiture, dissolution, or sale of all or substantially all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or other similar proceeding, in which information held by us about our Services and users is among the assets transferred.

Legal and Security Purposes: We may also share your information in order to (i) comply with any court order, law, or legal process, including to respond to any government or regulatory request; (ii) protect or defend the legal rights or property of CDI, or the legal rights of our business partners, employees, agents, and contractors (including enforcement of our agreements); (iii) protect the safety and security of CDI users or members of the public including acting in urgent circumstances; or to (iv) protect against fraud or to conduct risk management.

Information You Disclose in a Public Profile or our Social Media Pages: CDI offers publicly accessible and available profiles on social media platforms that you may access and post User Contributions. You should be aware that any information you provide or post in these areas may be read, collected, and used by us and others who access them. If your social media account is public, any information you place in your account, including biographical information, may be read, collected, and used by others who access them. We do not control third parties’ collection or use of any information you make available through your social media account and/or any User Contributions you post on our social media webpages or platforms. Any such information is subject to the privacy polices of such social media companies and the methods available, if any, for changing privacy settings and removal of content. If you provide us with a testimonial, review, or any other User Contribution, you authorize us to publish it on all our Services under the name or username you provided and to aggregate it with other User Contributions.

Data Sharing: If your information is transferred or shared with our Service Providers, as described in this Policy, we will seek assurance from the recipients of such information (prior to the transfer) that they will safeguard the information in a manner consistent with this Policy. We ask recipients of such information to enter into a contractual relationship with us that includes confidentiality and non-disclosure clauses, and provides the same level of commitment to and protections of information as provided in this Privacy Policy.

7. Managing Your Information

Modification of Your Contact Information: You may contact us to access, correct, or modify your Contact

Information or any other information that you provide to us. We generally respond to such requests within 48 hours of receiving a request, but it may take up to 30 days depending on the volume of requests we receive. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Retention of Your Contact Information and Other Information: We will retain and use your Contact Information and any other information we receive or collect about you as long as needed to provide you Services. We will retain and use this information for the purposes for which it was collected (as specified in this Privacy Policy or as CDI discloses to its customers outside of this Policy), including to provide Services to you, comply with our legal obligations, resolve disputes, and enforce our agreements. Your information may persist in copies made for backup and business continuity purposes for additional time.

We do not control the privacy practices of third-party platforms. We cannot control the privacy or security of any User Contributions you choose to make public or share with others through our social networking pages. If you delete User Contributions from any of our social media pages, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other website users.

Promotional, Marketing Communications: If you do not wish to have your email address used by us to promote our own or third parties’ products or services, you can opt-out by clicking the unsubscribe function located at the bottom of the email or by sending us an email stating your request to support@topsortho.com.

We will continue to send you transaction confirmation emails and other Services-related announcements when it is necessary to do so. For instance, if any of our Services are temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature.

You may also modify your contact preferences regarding any marketing communications sent by us using automated or manually dialed calls, text messages, or pre-recorded messages by texting STOP in response to any marketing-related text messages.

8. Data Security

We have implemented measures designed to secure your information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of your information that is transmitted to us through our website. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our website.

9. Your Privacy Rights Under State Laws

California Residents: CDI is not subject to the California Consumer Privacy Act. However, pursuant to California Civil Code Section 1798.83, this Privacy Policy sets forth that we do not share your information with third parties for their direct marketing purposes.

California Business & Professions Code Section 22575(b)(5) provides that California residents are entitled to know how we respond to “Do Not Track” browser settings. Like many other websites and online services, we do not currently alter our practices when we receive Do Not Track signals as there is no consensus among industry participants as to what “Do Not Track” means in this context. To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com/.

Nevada Residents: If you are a resident of Nevada, you may apply limits to the sale of certain personal information to third parties for resale or licensing purposes, subject to applicable law. CDI does not sell your information for such use. However, you are entitled to submit your preference for limits on such sales in the future by sending an email to support@topsOrtho.com, with the subject line, “Nevada Do Not Sell Request” along with your first and last name, zip code, and whether you are a former or current CDI customer.

10. Transfer of Information of International Customers

If CDI’s Services are offered to you outside of the United States, the information you submit to us may be transferred to the United States to be processed by us or our service providers in order to provide Services to you or for such other purposes as set forth in this Policy. If you are not a resident of the United States, you hereby consent and agree that we may collect, process, use, and store your information, as discussed in this Policy, outside your resident jurisdiction, including in the United States, subject to applicable law. Please be aware that United States law and the laws of other countries where we may store and process your information may offer different levels of protection for information than may be available in your country.

11. European Union Residents

If you are a resident of the European Union (“EEA”), the EU General Data Protection Regulation (“GDPR”) may provide you with additional rights regarding our use of your information.

Controller: Cogent Design, Inc. d/b/a tops Software, 3101 Towercreek Parkway SE, Ste 680, Atlanta, GA 30339-3206, is the data controller of certain personal information collected or processed through this website and the Services.

Processor: CDI also acts as a data processor for its customers who purchase our Services and who may engage us to provide certain processing services related to patient and practice information owned or controlled by the customers. We do not retain and/or use for our own purposes such Personal Information, unless it is anonymized and aggregated in compliance with applicable law. We seek assurances from such customers that they will process such information in accordance with applicable laws, but we are not responsible for any customer’s use of information for which it is an owner or controller. To learn more about how a customer may use such information, you should review its privacy notice.

Personal Information: As defined by the GDPR, is any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

Processing: When we process your Personal Information, we do so under one or more of the following legal bases: with your consent, and/or as necessary to provide the Services, operate our business, fulfill our contractual obligations, protect the security of our systems and our customers, or fulfill other legitimate interests. If the processing of your Personal Information is based on your consent, you have a right to withdraw consent at any time for future processing.

Your Rights: Subject to applicable law, you have the following rights:

  • Right of Confirmation: You have the right to obtain from us confirmation as to whether or not your personal information is being processed.
  • Right of Access: You have the right to request and obtain copies of your personal information and how it is being processed, including whether your personal information are transferred to a third country or to an international organization.
  • Right to Rectification: You have the right to request that inaccurate personal information be corrected. If your information is incomplete or inaccurate, you can update your information directly by contacting support@topsOrtho.com.
  • Right to be Forgotten: You have the right to request deletion of certain personal information that is no longer necessary for the purposes underlying the processing, processed based on withdrawn consent, or processed in non-compliance with applicable legal requirements.
  • Right of Restriction of Processing: You have the right to restrict the processing of personal information where the processing is inappropriate.
  • Right of Data Portability: You have the right to request portability of your personal information that you have provided to us in a structured, commonly used, and machine-readable format.
  • Right to Object: You have the right to object at any time to the processing of your personal data.
  • Automated Decision-Making: You have the right not to be subject to a decision based solely on automated processing, including profiling, when applicable. CDI does not process personal information for automatic decision-making or profiling.

Right to File Complaint with a Supervisory Authority: You have the right to file a complaint with the Supervisory Authority. The relevant Supervisory Authority depends on the jurisdiction in which you are located.

If you want to exercise one or more of the above rights, you can contact us using the contact information listed below.

Transfers outside of the EEA: Data from EEA customers is stored and processed in Ireland. If we are required to transfer your personal information outside the EEA, we will do so in accordance with the terms of this Privacy Policy and applicable data protection law. This may include the transfer of data pursuant to data transfer agreements that incorporate the Standard Contractual Clauses approved by the EU Commission.

12. Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on our website’s homepage. If we make material changes to how we treat our users’ information, we will notify you by email to the primary email address that you have specified or through a notice on our website’s homepage. You are responsible for periodically visiting our website and this Privacy Policy to check any changes. Continued use of our Services following notice of any changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

13. Contact Information

To ask questions or comment about this Privacy Policy or our privacy practices, contact us at:

page7image3582656 page7image3582464 page7image3582272 page7image3582080 page7image3581312 page7image3581120 page7image3580544 page7image3581888 page7image3580352 page7image3580160

3101 Towercreek Parkway SE, Suite 680 Atlanta, GA 30339-3206 USA

Phone: +1 770.627.2527 Fax: +1 770.726.7832 Email: info@topsOrtho.com