Terms of Service

Welcome to www.tbwa.com (the "Site"), a website provided by TBWA Worldwide Inc. ("Company"). Your use of the Site is at all times subject to the following terms and conditions, and you are deemed to have accepted these terms and conditions upon using the Site. You should review these terms and conditions carefully, and be sure you understand them, prior to using the Site. If you do not agree to these terms and conditions, you must immediately exit the Site.

1. Scope of Use

The Site is provided for promotional and informational purposes only, and Company does not provide any client services through the Site. You may only use the Site if you are a current or prospective customer of Company, or otherwise interested in learning more about Company for a legitimate business purpose. The Site may not be used for any unlawful, fraudulent, harassing, objectionable or other non-legitimate business purpose.

2. Site Content

The Site and all content on the Site (collectively "Content"), plus all copyrights, trademarks, service marks and other intellectual property rights in the Site and such Content, are owned or licensed by Company. You may access, use and copy Content only as expressly permitted herein. No provision of these terms and conditions, and nothing contained on the Site, grants to you, whether expressly, implicitly or otherwise, any license or other right to copy, disclose, distribute, retransmit, use or create derivative works of any Content without the written permission of Company or its licensee (as the case may be), and any such copying, disclosure, distribution, retransmission, use or creation of derivative works is strictly prohibited, except as expressly set forth herein.

3. Third-Party Websites

The Site may contain links to websites maintained by third parties (individually a "Third-Party Site"). Company is not responsible for any content on a Third-Party Site (including, but not limited to, any opinions contained on a Third-Party Site), and does not necessarily endorse or otherwise approve of such content. No link from the Site to a Third-Party Site, or from a Third-Party Site to the Site, is an endorsement, sponsorship or recommendation by Company of such Third-Party Site, and the link is provided only for your convenience. In addition, 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.

4. Privacy Policy

Company may collect certain personal and analytical information from you, among other ways, through the Site, and will handle such information in accordance with its privacy policy, which is contained on the Site, (the "Privacy Policy"). You should contact Company as set forth in the Privacy Policy with all complaints, questions and requests for additional information relating to Company's handling of such information.

5. DMCA Notice

If you believe that any content posted by you on the Site has been copied or otherwise used in a manner that constitutes copyright infringement, you may notify Company's designated agent pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA"). The name and contact information for Company's designated agent for purposes of DMCA are set forth in Section 15. For your notice to be valid under DMCA, you must provide the following with respect to your claim of copyright infringement:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Company to locate the material;
• Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and if available, an e- mail address;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, COMPANY DOES NOT WARRANT OR REPRESENT THAT THE SITE OR ANY CONTENT (A) WILL ALWAYS BE AVAILABLE FOR USE, (B) ARE FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS OR OTHER MALICIOUS CODE, (C) WILL MEET YOUR REQUIREMENTS, (D) DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, OR (E) ARE ERROR-FREE OR THAT ANY DEFECTS THEREIN WILL BE CORRECTED.

7. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT HAVE ANY LIABILITY FOR (A) ANY PERSONAL INJURY, OR (B) ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR COMPUTER CRASHES OR OTHER DENIALS OF SERVICES) ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, OR ANY CONTENT THEREON, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR OTHER), AND EVEN IF COMPANY KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnification

You must indemnify, defend and hold harmless Company, its subsidiaries and other affiliates, and its officers, employees and other agents, from all costs, expenses, damages, liabilities, losses and other monetary payments (including, but not limited to, attorneys' fees and disbursements) in connection with (a) your access to, and use of, the Site, (b) your failure to perform any obligation pursuant to these terms and conditions, (c) your violation of any rights of a third party (including, but not limited to, infringement of a third party's intellectual property rights, or rights of privacy and publicity, and claims of defamation), and (d) any information or other content submitted by you to Company through the Site.

9. Information Provided by You

You grant to Company a non-exclusive, perpetual and fully-paid license to copy, distribute, modify, and create derivative works of all information and other content submitted by you to Company through the Site. All information provided to you through the Site must be accurate and complete in all respects, unless by its nature such information is not intended to be accurate or complete. In addition, you must at all times immediately update any such information to maintain its accuracy and completeness.

10. Applicable Law

These terms and conditions 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.

11. Disputes

Except for any dispute covered by the Privacy Policy, you and Company (a) will submit any dispute relating to the Site, any Content or these terms and conditions 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.

12. Entire Agreement

These terms and conditions contain the entire agreement, and supersede all prior oral and written proposals, understandings and agreements, between you and Company with respect to the Site and any Content.

13. Severability

Whenever possible, each provision of these terms and conditions 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 these terms and conditions, being prohibited or invalid.

14. Revisions

Company may revise these terms and conditions from time to time by posting the revised terms and conditions on the Site, with the revised terms and conditions taking effect as of the date of such posting. It is your responsibility to periodically check these terms and conditions on the Site for such revisions. Your use of the Site following the posting of any revisions to these terms and conditions on the Site will be deemed an irrevocable acceptance by you of such revisions.

15. Additional Information

If you have any questions or desire additional information regarding the Site, any Content or these terms and conditions, or if you would desire to contact Company for any other reason, please write to:

Elaine F. Stein, Esq.
General Counsel and Secretary
TBWA Worldwide Inc.
488 Madison Avenue
New York, NY 10022
elaine.stein@tbwaworld.com

Effective Date: April 11, 2013

Privacy Policy

Last Updated: March 6, 2019

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.

Click on one of the links below to jump to the listed section:

• Information We Obtain
• How We Use the Information We Obtain
• Automated Collection of Data
• Information Sharing
• Data Transfers
• Your Rights and Choices
• Other Online Services and Third-Party Features
• Retention of Personal Information
• How We Protect Personal Information
• Children’s Personal Information
• Updates to Our Privacy Policy
• How to Contact Us

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
• comply with and enforce applicable legal requirements, relevant industry standards and our policies, including this Privacy Policy, TBWA’s Privacy Shield Policy, and TBWA’s Terms of Service.

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. To learn more about the use of cookies and how you can manage your cookie preferences, please visit our Cookie Policy.

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.

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

We offer you certain choices in connection with the personal information we obtain about you. To update your preferences, update or correct your information, limit the communications you receive from us, or submit a request, please contact us as specified in the How to Contact Us section of this Privacy Policy. You also can unsubscribe from our marketing mailing lists by following the “Unsubscribe” link in our emails.

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.

Privacy Shield Policy

EU/Swiss-U.S. Privacy Shield: Consumer Privacy 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).

TBWA’s EU-U.S. and Swiss-U.S. Privacy Shield certifications can be found at https://www.privacyshield.gov/. For more information about TBWA’s processing of Personal Data obtained from Consumers on its website, please visit TBWA’s Privacy Policy.

Types of Personal Data TBWA Collects

TBWA collects Personal Data directly from Consumers. This collection occurs, for example, when a Consumer visits TBWA’s website and provides Personal Data to TBWA. Click here for information on the types of Personal Data TBWA receives through its website. In addition, TBWA obtains Consumer Personal Data, such as contact information, in connection with maintaining its Client relationships and providing its products and services to Clients. TBWA also obtains Personal Data, such as contact information, of its vendors’ representatives. TBWA uses this information to manage its relationships with its vendors.

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.

Notice

TBWA provides information in this Policy and the company’s Privacy Policy at http://www.tbwa.com/privacy-policy/ about its Consumer Personal Data practices, including the types of Personal Data TBWA collects, the types of third parties to which TBWA discloses the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Personal Data, and how to contact TBWA about its practices concerning Personal Data.

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.

Choice

When TBWA collects Personal Data directly from Consumers, the company generally offers those Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers, or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. To the extent required by the Privacy Shield Principles, TBWA obtains opt-in consent for certain uses and disclosures of Sensitive Data. Consumers may contact TBWA as indicated below regarding the company’s use or disclosure of their Personal Data. Unless TBWA offers Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy or the company’s Privacy Policy.

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

This Policy and TBWA’s Privacy Policy describe TBWA’s sharing of Consumer 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.

Security

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.

Access

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:

Write to:
TBWA Worldwide Inc.
Attn: General Counsel
488 Madison Avenue
New York, NY 10022

E-mail: privacy@tbwa.com