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If you use the Ontop Platform as a Worker, the B2C General Terms and Conditions will apply to you. If you engage any additional services from within the Ontop Platform, the specific terms for those services will apply.
🛣️ Embarking on the journey to accessing payroll and financial services for your international remote workers as our Client requires some ground rules to ensure that we are Ontop of the important details. We are committed to making your path as simple and transparent as possible.
These B2B General Terms and Conditions (“B2B T&Cs” or “Terms”) form the basis of the legally binding contract between you and us.
THESE B2B T&CS WILL REPLACE THE ONTOP PLATFORM TERMS OF SERVICE IN RELATION TO THE CLIENT EXPERIENCE OF THE ONTOP PLATFORM AND ONTOP B2B SERVICES FROM FEBRUARY 9, 2024 ONWARDS.
🧐 PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORM AND/OR B2B SERVICES. THESE TERMS ARE NON-NEGOTIABLE.
1. Let’s Begin! Overview of the Ontop Platform 🪂💻
We believe in a world without borders. A world where companies can hire the global talent they need, whenever they need to, and pay them hassle-free.
The Ontop Platform empowers businesses to contract, onboard, make payments to and manage relationships with local and international remote workers. Giving businesses the freedom to hire talent worldwide is something that Ontop cares a lot about. Hire and pay your rockstars, no matter where in the world they are and on time. Promoting your global workforce expansion has never been easier.
2. Who or What is That? 🙋 AKA Key Definitions
🏢🛎️ “B2B Services” or the “Services” are the suite of payroll and payment management services available to Clients on the Ontop Platform, including but not limited to contracting, onboarding, making payments to and/or managing relationships with Workers.
🏢 “Client” means any individual or legal entity that engages Ontop to contract, onboard, make payments to and/or manage its relationships with Workers.
🏢🚪 “Client Account” or “Account” is the user account that a Client can create on the Ontop Platform and use for the purposes of engaging B2B Services.
👷 “Contractor” is an individual or legal entity that performs services for Clients as an independent contractor.
🏭🎥 “Employer of Record” or “EOR” is the payroll service under which Ontop manages and administers personnel hired and paid by Ontop as Employees, processing salaries or wages for them, and managing extralegal benefits.
⏱️👔 “Employee”, “Full-Time Employee” or “FTE” is an individual that is hired by Ontop or its partners in accordance with local labor laws to provide services to Clients.
🦾💺“Flex Seats” is the invoicing model for B2B Services that charges recurring fees based on the number of active Worker contracts created by Clients.
🌎💺“Global Seats” is the Software-as-a-Service (“SaaS”) subscription model through which Clients can access the Platform and B2B Services to onboard and pay Contractors, paying a fixed subscription fee per Global Seat.
🔛🔝 “Ontop”, “us”, “our” and “we” means Ontop Holdings Inc., a US corporation organized under the laws of the State of Delaware, as well as its affiliates and/or subsidiaries, collectively the “Ontop Group”.
💻 “Ontop Platform” or the “Platform” means the proprietary SaaS platform available via login through the Ontop Website and through mobile apps available on Apple iOS and Android, among others.
🌐 “Ontop Website” or the “Website” means the website located at www.getontop.com.
🏋️💵“Ontop Worker Wallet” or “Worker Wallet” means means the electronic or digital wallet account available to Workers from within the Ontop Platform that allows them to receive compensation payments from Clients and make electronic transactions to their own personal account(s) or to third-party accounts.
👉 “User”, “you” and “your”, within the context of these Terms, means any person with authorization to access an Ontop Client Account, which includes Clients and their representatives, among others.
🏋️ “Worker” can mean a Contractor or Employee, as an individual or legal entity. In cases where the context permits it, Worker will be used as a general term and when specifically required we will use the terms Contractor or Employee.
3. Overview of our B2B Services 🏢🛎️
The suite of B2B Services that we provide to Clients through our Platform can be divided into two main segments: (i) payroll services; and (ii) payment management services.
Our payroll services aim to enable our Clients to contract, onboard, make payments to and/or manage relationships with international Workers (“Payroll Services”). Depending on the type of relationship, Ontop acts as a payment agent, a contracting party, or both. The business models covered by our Payroll Services include: (i) You Sign; (ii) Ontop Signs; and (iii) Employer of Record (EOR). Payroll Services can be offered under a SaaS subscription model (Global Seats), recurring service fee (Flexible Seats) or a transactional service fee (membership) and may not be available in certain locations, depending on the countries and/or jurisdictions involved.
Under the You Sign business model, Clients engage Contractors directly. We act as a payment agent of the Contractor (payee) to make payments of compensation for services received from a Client (payor) to Contractors in their Ontop Wallet. We may assist Clients in generating independent contractor agreements, if they do not have their own standard contract templates. We have no involvement in the relationship between Contractor and Client under You Sign, nor the work agreed to by them.
Under the Ontop Signs business model, we subcontract Contractors on your behalf. We take care of generating the legal agreements necessary to enable us to provide the Ontop Signs Payroll Service. We make compensation payments to Contractors directly in their Ontop Worker Wallet, in our capacity as a contracting party.
Under the EOR business model, we (or our partners) will hire and register Employees in the country where they reside, according to local labor laws and regulations. We may make compensation payments to Employees to accepted local bank accounts or to the Ontop Worker Wallet, subject to the limitations of local authorities and the express authorization of the Employees.
We reserve the right to update, modify, and otherwise alter, at our sole discretion, the Payroll Services and business models we offer, their respective fees and pricing, and the countries in which they are offered. In the event of any such updates or modifications, we will provide you with five (5) days’ written notice, outlining the changes in business models, fees, or any other pertinent details.
As a Client engaging our Payroll Services, you may be able to top-up funds in the Ontop Platform for future payments of Ontop invoices that will be reflected on your Client Account, to ensure smooth and uninterrupted payments to your Workers.
We may provide you with an application programming interface (API) to allow for custom integration between the Ontop Platform and associated data (“Ontop API”) with your own platforms and systems (“Client Platform(s)”). We will provide you with the necessary tools and documentation to integrate the Ontop Platform with Client Platform(s). In order for Ontop API to work, you will need to provide all of the data fields normally required by the Ontop Platform for creating and modifying contracts, making payments, among others. Such information may include contracts & Worker information, financial data (wallet, payments, invoices, bank accounts, etc.), among others.
You are responsible for correctly implementing Ontop API with your own platforms and systems. You are fully liable for any incorrect data from Client Platforms that are synchronized with the Ontop Platform, or that result in unintended actions, payments, or any other event that may cause harm or damages to you, Ontop, or any third party. You assume all responsibility for the accurateness of the data stored on Client Platforms. You represent and warrant that any data processed on Client Platforms was done in compliance with all applicable laws and in accordance with the provisions of our Privacy Policy.
We may offer native API integrations with industry-standard payroll and accounting platforms and systems to you (“Ontop Integrations”). You assume all responsibility for the accurateness of the data stored on third-party platforms that use Ontop Integrations. You represent and warrant that any data processed on third-party platforms and/or through Ontop Integrations was done in compliance with all applicable laws and in accordance with the provisions of our Privacy Policy.
Through Ontop API or normal use of Payroll Services on the Ontop Platform, you may be able to make payments to Contractors hired under the You Sign business model by providing mandatory contract data, without the use of our contract automation tool or uploading a signed contract based on your own template to the Ontop Platform (“DirectPay”). Nonetheless, you represent and warrant that you have written contractual agreements executed with all Workers you onboard on the Ontop Platform. We reserve the right to establish conditions for Workers eligible for use of DirectPay, including, but not limited to monthly compensation, results of background checks, or any other criteria we establish at our sole discretion. In the event that an authority or relevant third party requests proof of contract between you and any Workers from us, you undertake to provide us with the signed contract within twenty-four (24 hours), under penalty of material breach of these Terms and cause for termination under Section 9.2 - Term and Termination below.
You acknowledge and accept that we (or our affiliates) act as the duly authorized payment agent of Workers (“Payment Agent”). As a Payment Agent, we will receive all payments due to Workers, in their capacity as a payee, from Clients, in your capacity as payor, and ensure the timely and accurate delivery of these funds to Workers. As mentioned in Section 7 of the B2C T&Cs, all Workers must expressly accept the Payment Agent Terms. Your obligation as a payor will be satisfied at the moment that payment is received and available to us as the Payment Agent, unless such payment is disputed by you.
From time to time, we may invite you to try certain services, features or functionalities that we may make available to you for evaluation or testing purposes only (and not for production use), which are designated as beta, test, pre-release, limited release, developer preview, non-production, or any other similar description (“Beta Test Services”). You may accept or decline to engage Beta Test Services at your sole discretion. Beta Test Services are provided for evaluation purposes and not for production use, may contain bugs or errors, and may be subject to additional terms. BETA TEST SERVICES ARE NOT CONSIDERED “SERVICES” UNDER THESE TERMS AND ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY. We reserve the right to modify, update, or discontinue Beta Test Services at any time and at our sole discretion, with or without prior notice.
4. B2B Onboarding 🏢🔛🛹
Important information on procedures for opening a new Client Account:
To help the US Federal Government fight the funding of terrorism and money laundering activities, US Federal law requires us to obtain, verify, and record information that identifies each person who opens an Ontop Client Account.
To use our Platform, you need to register for a Client Account and provide certain information about yourself upon registration. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.
In order to engage B2B Services, you will need to sign up for a Client Account and fill out all the required information. If the Client is a legal entity, we will request the company's legal name, DBA name, type of company, tax ID, name of the individual creating the Client Account, country of incorporation, beneficial owners and controlling persons, tax information, among other information. The individual creating the Client Account will be asked to perform an ID verification process. If the Client is an individual, we will request their name, country of residence, nationality, type of document, ID document number, tax ID, among other information.
(i) After completing the KYB process and receiving final approval, you will be able to create contracts on our Platform, as explained further below.
(ii) In certain cases, you will receive a form to provide more information to conduct our Enhanced Due Diligence (“EDD”), as part of our Know Your Business (“KYB”) process.
We may suspend or terminate your Client Account as per Section 9.2 - Term and Termination below.
You may delete your Client Account at any time, for any reason, by following the instructions available from within our Platform.
You are fully responsible for maintaining the confidentiality of your login and Client Account information and the activities that you carry out on your Account. You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.
We reserve the right to modify the information required for you to provide in order to create and/or maintain an Account and/or for the purposes of conducting periodic KYB and/or due diligence processes, from time to time and at our sole discretion. We may request additional tax information depending on the country of incorporation or principal place of business of the Client company. When required under our B2B Services, we may share your data with third parties, in accordance with our Privacy Policy.
5. I have a Client Account! Now, how do the Payroll Services work? 🤔🧾🛎️
Payroll Services can be offered under a number of different fee models, namely: (i) a SaaS subscription model (Global Seats); (ii) recurring service fee based on active contracts (Flex Seats); or (iii) a transactional service fee (membership). If you engaged Ontop as a Client under our former Ontop Platform Terms of Service, you may have been offered a membership pricing scheme in which monthly Ontop Fees were charged to you whenever you made compensation payments to Workers.
Global Seats is a Software-as-a-Service (SaaS) subscription plan through which we provide you with a license to access the Ontop Platform and use B2B Payroll Services. Through Global Seats, we grant you and your Workers the license referenced in Section 6.1 - License below. Each Global Seat allows you to hire, onboard, and pay an individual Worker under a single contract through our Platform. Each additional contract with the same Worker will require a separate Global Seat. If a contractual relationship with the Worker ends, a Global Seat with an active subscription can be used for new Workers. Global Seats are available for the You Sign and Ontop Signs Payroll Services only.
Clients can acquire a number of Global Seats and pay the subscription fees applicable to the respective Payroll Service business models (“Global Seats Subscription Fee(s)” or “Subscription Fee(s)”). We may provide list prices for Global Seats Subscription Fees and offer you discounted rates, depending on certain factors such as Global Seat volumes, subscription periods, among others. Subscription Fees are payable regardless of whether you use the Global Seats to hire Workers during any particular month or other designated period.
You will have access to a certain number of Global Seats for the period of time agreed upon with us (“Subscription Period”). You are bound by the term of the Subscription Period to pay for the Subscription Fees. If you choose to cancel your Global Seats subscription before the Subscription Period has ended, you will (i) not be eligible for a refund of Subscription Fees paid in advance or (ii) all future unpaid Subscription Fees for the remainder of the Subscription Period will become due and payable immediately, unless you have agreed otherwise in writing with us.
We may bill the Subscription Fees on a monthly or yearly basis, or another billing cycle as agreed upon otherwise in writing with us.
Flex Seats is the comprehensive Payroll Service and invoicing model designed for B2B Services. Under Flex Seats, you only pay for the active contracts you have in place with Workers, allowing you to dynamically manage your Worker contracts and associated costs.
You can create contracts on our Platform and pay the fees applicable to active contracts under the respective Payroll Service business models (“Flex Seats Fee(s)”). An “Active Contract” means a contract that has been created by you on our Platform and executed between you and your Worker(s), whether the start date is within the specific billing cycle or not. We may provide list prices for Flex Seats Fees and offer you discounted rates, depending on certain factors such as Flex Seat volumes, among others. Flex Seats Fees will be calculated on the base monthly compensation of a Worker under the Active Contract; any additional payments to the Workers will be subject to additional Ontop Fees. Flex Seats Fees are payable regardless of whether you make payments to Workers during any particular month, so long as you have an Active Contract with the Worker.
Clients will be invoiced Flex Seats Fees based on the given number of existing or created active contracts within a given month on the Ontop Platform. Each Client will have a unique monthly invoice issuance date, which is set once and can range from the 1st to the 28th day of every month, as agreed upon between Ontop and the Client (“Cutoff Date”). If you create a new contract or end an existing one after the Cutoff Date, we will bill you Flex Seats on a prorated basis with respect to the active contracts in question. Any changes to the Cutoff Date must be mutually agreed upon in writing by both Client and Ontop and may be subject to adjustments in the invoicing process.
Clients are responsible for ensuring compliance with the Active Contract termination process and for addressing any outstanding contractual matters accordingly. Failure to terminate Active Contracts through our Platform will result in continued charges of Flex Seat Fees. Under Ontop Signs, both the monthly compensation to the Workers and associated Flex Seats Fees will continue to be charged by us until the contract is properly terminated through our Platform.
At our sole discretion, any You Sign traditional contracts that have not been paid for more than ninety (90) days may be deactivated. This action may be taken without prior notice to you.
Under the You Sign Payroll Service, you can set contract terms by selecting from pre-set parameters using our contract generation tool, if you don’t already have your own standard contract templates. You can also use our Platform to upload and manage agreements that you have created and executed with your Contractors outside of our Platform. This contract automation is provided as a convenience to you. These parameters may include: Client and Contractor names and addresses; contract type; payment type; payment frequency; special clauses and jurisdiction; among others. As a Client, you can enter into three types of You Sign contracts on our Platform:
(i) Traditional: contracts that allow you to set recurring fixed payments (regular weekly/monthly payments) for Workers services;
(ii) Pay-Per-Task: contracts that allow you to pay Workers for a specific amount of time of services rendered or for completion of a specific task ; and
(iii) Results-Driven: contracts that allow you to assign projects to Workers with a specific amount payable per project completion.
Once a contract is active on our Platform, you will be able to view all of the respective details in the contract summary.
We have no responsibility or liability with respect to the content, validity, or enforceability of any document created and/or executed by you and your Contractors outside our Platform, nor are we responsible or liable for any matters or disputes arising from any such document. Similarly, we will not be responsible or liable for documents uploaded to the Platform by you. You will assume full responsibility and liability for these documents and their content. It is your responsibility to consult with an attorney on any contract template available on and created from within our Platform or on any document created outside of and/or uploaded to the Platform. None of the clauses in any templates provided by us will be considered as imposed by us or restricting the freedom of contract and/or party autonomy of Clients or Contractors.
Under the Ontop Signs Payroll Service, you and your Contractors will be bound by our contract terms. We will act as the contracting party so there will be no contract between you and the Contractor. Same as the You Sign Payroll Service, you can enter into three types of Ontop Signs contracts on our Platform:
(i) Traditional;
(ii) Pay-Per-Task; and
(iii) Results-Driven.
Similar to the You Sign Payroll Service, you will be able to set certain contract parameters by filling out a form on our Platform, which will be populated in our contract templates for signature by the relevant parties.
Under the EOR Payroll Service, we (or our partners) will draft employment agreements according to local labor laws and regulations of the country where the Employee resides and handle the signature process offline through an electronic signature platform. Once the employment agreement is signed it may be uploaded to our Platform for viewing by the Employee, if they have a Worker Account created under our B2C Terms. Since we (or our partners) are the contracting party no changes will be applied to our employment agreement templates other than certain contract parameters such as duration, salaries, and others.
Within the scope of the EOR Payroll Service, we (or our partners and/or affiliates) act as the official employer of any hired Employees. You may receive services provided by Employees but they are not considered your direct employees in any capacity. All legal and payroll management of Employees is handled directly by us or through our partners and/or affiliates.
Once a contract is active on our Platform, you will be able to view all of the respective details in the contract summary. You can securely store and manage multiple contracts in your Client Account organized by type, counterparty, and completion status. You can limit access to contracts and contract information to specific persons, companies, or groups within your Account. You can track each contract according to Client approval status and payment status.
In addition to the base compensation that you agree to pay to Workers, our Platform also allows you to make extra payments for things like variable compensation and reimbursement of expenses (“Extra Payments”). We only allow for extra payments if they are related to: (i) variable compensation such as commissions, bonuses and bonifications; or (ii) reimbursement of expenses that are directly related to the provision of services. Due to the nature of certain Payroll Services (especially those that involve an independent contractor relationship), no other extra payments are allowed. For the avoidance of doubt, the prohibition on unauthorized extra payments extends to payments to cover tax expenses, social security contributions, insurance fees and premiums, and any reimbursement or advance payment for products or services purchased by the Worker are not permitted. As a general rule, depending on the monthly Worker compensation and other criteria defined at our sole discretion, total extra payments in a given month will be limited on the Ontop Platform and may require additional approval from Ontop.
You will be able to make amendments and terminate contracts from within our Platform. For Ontop Signs Contractors, you may request that we modify or terminate our contracts with them, and these contractual modifications may be automated by us through our Platform. For EOR Employees, you will be able to request modifications and termination of EOR Payroll Services by contacting your Ontop point of contact.
As a Client, you can use our Platform to set up your preferred payment method for settling Ontop Invoices and payments to Workers. We accept the following methods of payment, among others: (i) wire transfer (US or international); (ii) automated clearing house (ACH) transfer; (iii) credit card; and (iv) crypto. Certain payment methods may not be available to all Clients. A detailed guide on How to set up a payment method can be found on our Website.
In exchange for providing B2B Services, we charge our Clients fees for the provision of B2B Services, as detailed in our Platform (“Ontop Fees” or “Fees”). Unless stated otherwise, we inform you of our standard fees for B2B Services through our sales team, which are updated from time to time. If we have offered you rates that are different from our standard pricing, they will be included in our commercial proposal, order form, service order or similar document. As stated in Section 3.1.4 above, our Fees are subject to change and we will inform you about related changes. Fee readjustments may be caused by various factors, including but not limited to changes in legislation of the countries involved, industry standards, or market conditions. Furthermore, any additional operations generated by the B2B Services, such as increased demand or enhanced scope, may also result in Fee adjustments.
Through our Platform, we generate and submit invoices to our Clients for our Fees (“Invoice”) and a payment summary on behalf of Workers when their compensation is due (“Payment Summary”). If there are Extra Payments to be made to Workers by a Client, these will be included in the respective Invoice, Payment Summary, or both. The due date for payment will be the one indicated on the respective Invoice.
In the event that you fail to make payment of an Invoice by the due date (“Late Payment”), you will be liable to pay us a late penalty based on the outstanding overdue balance (“Late Penalty”). Late Payments are subject to the Late Penalty and interest, whose calculation commences from the day following the due date until the actual payment date. The applicable interest rate for Late Payments will be the maximum rate allowed under the governing law and does not waive our rights to seek other remedies available under these Terms or applicable law for late payment or non-payment.
You are solely responsible to provide us with accurate information about your payments. We will be indemnified, held harmless and will not be liable for losses, claims, damages or expenses incurred by you arising from any incorrect payment made by us to a Worker as a result of inaccurate information provided to us by you. We will have no liability for unauthorized or incorrectly authorized and executed payment Client transactions made by us unless you notify us: (a) within a reasonable time period upon becoming aware of the unauthorized or incorrectly executed payment transaction; and (b) in any event, no later than thirty (30) days after the date of the payment transaction. You are solely liable for all the associated fees and losses tied to erroneous payment transactions caused by you, in addition to any fees or losses incurred to rectify such transactions. Under no circumstances will we assume financial liability related from any inaccuracies, unauthorized, or incorrectly authorized payment transactions caused by your error or mistake. In the event that a payment transaction is executed incorrectly due to our exclusive fault, we will take steps to rectify the error within thirty (30) days or to reimburse yo8 for any losses incurred.
You are solely responsible for overdraft fees, insufficient funds fees, wire transfer fees and any other bank or payment institution fees that you may incur in making payments to us. In addition, you are responsible for making accurate payments of Ontop Invoices. In the event that a payment transaction is executed incorrectly due to our exclusive fault, we will take steps to rectify the error within thirty (30) days, whether such error would result in a payment amount received which can be above or below the amount to be paid stated by the Client.
You are solely responsible for withholding taxes in the jurisdiction where your legal entity is incorporated. Ontop, as a US-based group of companies, has no responsibility to withhold taxes and will in no way accept that Clients withhold taxes for B2B Services.
The amount of any Invoice, and any Fees you owe us for B2B Services, are net of direct or indirect taxes, levies, withholding taxes or deductions.
We will in no way be liable to you, any taxation authority and/or third party for any losses or penalties, monetary or otherwise, arising from your failure to adhere to tax compliance obligations.
6. Access to our Platform 🎟💻
We grant you a non-transferable, non-exclusive, revocable, worldwide, non-sublicensable, limited license to use and access our Platform solely for the purposes of engaging our B2B Services.
We reserve the right, at any time, to modify, suspend, or discontinue our Platform with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuation of our Platform or any part of it.
We will make all reasonable efforts to provide you with support and assistance when using our Platform. We provide support on a case-by-case basis under these Terms, subject to Section 9.5 - Disclaimer of Warranty below.
Your access to our Platform and B2B Services is subject to our Acceptable Use Policy.
If we determine that the content of a contract violates these Terms or our Acceptable Use Policy, we may remove the contract from our Platform without prior notice. We may also suspend or close a Client Account, depending on the severity of the violation(s). Contracts removed from a Client Account may not be edited or restored.
Workers are subject to our B2C T&Cs. To the extent that these B2B T&Cs cover topics such as B2C Services, Worker Accounts and Financial Services available to Workers that use our Platform, the terms of the B2C T&Cs will apply.
Your access to our Platform and the data and information you provide when creating or maintaining your Client Account are also governed by our Privacy Policy, which is incorporated in these Terms by reference.
By using our Platform and B2B Services, you acknowledge and agree that you have read and are aware of our legal disclaimers: (i) General Disclaimer; (ii) Solicitation and Promotion Rule Disclaimer.
Your access to and use of our Platform and B2B Services are subject to our AML/BSA Policy.
7. How does PrePay work? ⏩💰
If PrePay is enabled, you may be able to transfer funds to us for future payments of Ontop Invoices, which will be reflected in your Client Account on our Platform as a positive balance (“Prepaid Funds”). Prepaid Funds transferred to your Client Account are not interest-bearing and can only be used to cover Ontop Fees and pay Workers through the Ontop Platform.
You will be allowed to top-up Prepaid Funds in accordance with our internal policies, which will be subject to a predefined cap per top-up and/or total Prepaid Funds, which we can modify at our sole discretion and at any time.
Prepaid Funds may be held on the Ontop Platform for a period no longer than ninety (90) calendar days.
Prepaid Funds top-up transfers will be conducted exclusively via wire transfer. Automated Clearing House (ACH) transfers and credit card payments are prohibited for top-up transfers.
We reserve the right to approve or deny any Client request to enable PrePay at our sole discretion, in accordance with our compliance and risk management criteria.
Prepaid Funds are designated for the following purposes only: (i) compensating Workers in relation to Payroll Services, whether in relation to base compensation or additional payments for variable income or reimbursement of expenses; and (ii) covering Ontop Fees for B2B Services.
You can use the Prepaid Funds to settle any invoices within the Ontop Platform. If the Prepaid Funds are insufficient to cover the invoices selected by you, the Platform will decline the transaction, and you will be required to modify the payment transaction or transfer additional Prepaid Funds to Ontop.
Prepaid Funds are not considered deposits, as defined under financial regulations in the United States. Thus, they are not subject to any form of FDIC (Federal Deposit Insurance Corporation) insurance.
You are responsible for ensuring the availability of sufficient Prepaid Funds to meet your payment obligations to Workers and us. We may deduct our Fees from the Prepaid Funds prior to settling Worker compensation payments. We will not be liable for any consequences arising from insufficient Prepaid Funds to settle any payment obligations.
Prepaid Funds will be recorded by us as a liability (unearned revenue) until they are used by you to settle any outstanding Ontop Invoices or the Prepaid Funds are returned to your bank account of origin. You should consult with their financial advisors about the proper accounting treatment of Prepaid Funds. For the avoidance of doubt, the Prepaid Funds belong to you until you use the Prepaid Funds to settle outstanding Ontop Invoices or compensation payments to Workers.
You may request a refund of Prepaid Funds back to your bank account of origin. We cannot refund Prepaid Funds to any other account than the one that we received it from. Refund requests will be subject to the deduction of any applicable transfer fees; we may also charge administrative Fees at our sole discretion. We will not be responsible for any costs or charges associated with your refund request. Notwithstanding the above, in order to mitigate fraud risk, withdrawals within ten (10) days of our receipt of Prepaid Funds are prohibited unless previously approved in writing by our compliance team.
8. Changes 🔀
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Website/Platform. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective immediately. Continued use of our Platform and B2B Services following notice of such changes will indicate your acknowledgement and agreement to be bound by the terms and conditions of such changes.
9. General Legal Terms 🪖⚖️
You agree that any signature, other electronic symbol, or process attached to, or associated with any type of document will have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted by all applicable law. You waive any objection to the contrary.
- You consent that we may provide notice electronically and you understand that this consent has the same legal effect as a physical signature.
- We may notify you of activity, alerts, payments, invoices, these Terms and others through your account, email, text, or SMS to the contact information you provide us with.
- You may choose not to receive certain notices via text or SMS, but this will limit the use of certain Services.
- These notifications will be considered received 24 hours after they are sent.
- You understand that you may not use our Services unless you consent to receive notices electronically. You may only withdraw consent to receive notices electronically by closing your Account.
- You must maintain an updated web browser and computer and mobile device operating systems to receive notices correctly.
- You are responsible for all costs imposed by Internet or mobile service providers for sending or receiving notices electronically.
You can use our secure e-sign tool to execute agreements and other documents. Under applicable US state and federal laws, electronic signatures are not enforceable on some documents. Because of this, we:
- have no responsibility or liability with respect to the content, validity, or enforceability of any document, nor are we responsible or liable for any matters or disputes arising from the documents; and
- make no representations or warranties regarding the validity or enforceability of electronic documents or electronic signatures.
It is your responsibility to consult with an attorney to determine whether a document will be enforceable if it is electronically signed via our e-sign tool.
Subject to this Section, these Terms will commence upon your acceptance of these Terms and will remain in full force and effect while you use our Platform and/or B2B Services, including when you have active contracts or a positive balance of funds within our Platform. We may suspend or terminate your rights to use our Platform and/or B2B Services (including your Client Account) at any time for any reason and at our sole discretion, including for any use of our Platform and/or B2B Services in violation of these Terms. Upon termination of your rights under these Terms, your Client Account and right to access and use our Platform and/or B2B Services will terminate immediately. You understand that the termination of your Client Account may involve deletion of the content associated with your Account from our live databases. We will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your content. Even after your rights under these Terms are terminated, any of the provisions under these Terms which by their nature are meant to survive expiration or early termination of these Terms for any reason will remain in effect.
We will not be held liable for failure or delay in the performance of our obligations under these Terms or any agreement entered by and between you and us, if such performance has been made impracticable by the occurrence of a contingency not reasonably within our control and not at our fault, including compliance with any applicable foreign or domestic governmental regulation or order, any interruption of our Platform and/or B2B Services due to any act of God; blockage, accidents, disturbance or encumbrance of telecommunications, transport or procurement networks for whatever reason; strike, equipment or transmission failure, shortage of materials, riots, disturbance or encumbrance of the telecommunications, internet or other service disruptions involving hardware, software or power system not within our possession or reasonable control; poor quality or interruptions of electrical current; epidemics, pandemics or outbreak of communicable disease; quarantines; international, national or regional emergencies; poor quality or interruptions of electrical current; virus or computer hacker attacks, insurrections or acts of a similar nature; state of war or embargo; acts of terrorism, total or partial strikes within or outside of Ontop; lock-out, social conflicts, sabotage or acts of vandalism; foul weather, earthquakes, explosion, fires, storms, flooding, other natural disasters; water damage, incapacity to obtain raw materials or supplies; legal or regulatory modifications applicable to supplying our Services, and any other case reasonably beyond our control preventing the normal provision of our Services to you.
Through acceptance of these Terms, you release and forever discharge Ontop (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly from, or that relates directly or indirectly to, our Platform and/or B2B Services (including any interactions with or act or omission of other Platform users or any other related third parties).
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THIS SECTION, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
OUR PLATFORM AND B2B SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND ONTOP (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT OUR PLATFORM AND/OR B2B SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, NOR THAT THEY WILL BE ACCURATE, COMPLETE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO OUR PLATFORM AND/OR B2B SERVICES, ANY AND ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any and all claims or demands made by any Worker or third party due to or arising from (a) your use of our Platform and/or B2B Services, (b) your violation of these Terms, (c) default in payment of any Ontop Fees, (d) your violation of applicable laws or regulations, and/or (e) the content or data you provide on our Platform. We reserve the right, at your expense, to take on the sole defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claims, actions and/or proceedings when we become aware of them.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE OUR PLATFORM AND/OR B2B SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF OUR PLATFORM AND/OR B2B SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA.
WE WILL IN NO EVENT BE LIABLE TO CLIENTS IN THE EVENT THAT YOU TREAT YOUR CONTRACTORS AS EMPLOYEES RATHER THAN INDEPENDENT CONTRACTORS, WHETHER CONTRACTED BY YOU OR DIRECTLY BY US FOR YOUR BENEFIT. WE ARE NOT RESPONSIBLE FOR THE OVERSIGHT OF OR FEE DETERMINATION RELATING TO YOUR RELATIONSHIP WITH YOUR CONTRACTOR(S). ANY AND ALL CLAIMS, LEGAL ACTION AND/OR LAWSUITS, RESULTING FROM THE CONTRACTORS’ MISCLASSIFICATION AND/OR YOUR IMPOSED WORKING CONDITIONS, WILL BE YOUR SOLE RESPONSIBILITY AND LIABILITY. YOU, YOUR SUBSIDIARIES AND YOUR AFFILIATE COMPANIES WILL UNDERTAKE TO ASSUME THE SOLE DEFENSE OF SUCH LAWSUITS AND FILE ANY AND ALL NECESSARY MOTIONS TO REQUEST THAT WE BE REMOVED AS A DEFENDANT IN SAID LAWSUITS. YOU WILL ALSO INDEMNIFY AND HOLD US HARMLESS FOR ANY AND ALL RELATED ATTORNEY’S FEES AND/OR COURT COSTS INCURRED AS A RESULT OF ANY LEGAL ACTIONS RESULTING FROM MISCLASSIFICATION OR CONDITIONS OF THE CONTRACTORS’ WORK IMPOSED BY YOU. THIS SECTION WILL NOT CAUSE PREJUDICE TO ANY RIGHT OF RECOURSE THAT WE ARE ENTITLED TO IN RELATION TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF TEN THOUSAND US DOLLARS (US $ 10,000.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We respect the Intellectual Property of others and ask that you do the same. “Intellectual Property” or “IP” means any intellectual property or similar proprietary rights in any jurisdiction, whether registered or unregistered, including such rights in and to:
(a) trademarks and pending trademark applications, trade dress, service marks, certification marks, logos, domain names, uniform resource locators (URLs), trade names and fictional business names, together with all translations, adaptations, derivations and combinations and like intellectual property rights, together with all associated goodwill;
(b) issued patents and pending patent applications, and any and all divisions, continuations, continuations-in-part, reissues, renewals, provisionals, continuing patent applications, reexaminations, and extensions of such patents or applications, any counterparts claiming patent priority, utility models, patents of importation/confirmation, certificates of invention, certificates of registration and similar rights, inventions, invention disclosures, discoveries and improvements, whether or not patentable;
(c) works of authorship, all copyrightable works (including software) and all copyrights, including all relevant applications, registrations, renewals, and corresponding rights;
(d) trade secrets (including those trade secrets defined in the US Uniform Trade Secrets Act promulgated by the National Conference of Commissioners on Uniform State Laws in 1979, as amended and under corresponding foreign statutory and common law), business and technical information, know-how, non-public information, and confidential information and rights to limit the use or disclosure by any person;
(e) mask works; and
(f) moral rights (droit moral).
Excluding any of your own content or data that you may provide, you acknowledge that all the Intellectual Property rights, including copyrights, patents, trademarks, and trade secrets on our Platform and its related content are owned by us, our affiliates and/or suppliers. Neither these Terms (nor your access to our Platform) transfers to you or any third party any rights, title or interest in or to such Intellectual Property rights, except for the limited access rights expressly set forth in Section 6.1 - License. We and our suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
If you submit, whether orally or in writing, or provide us with any feedback, suggestions, or recommended changes regarding our Platform, B2B Services or any other product offerings, including new features or functionalities, comments, questions, suggestions, or the like (“Feedback”), you assign to us any and all right, title, and interest to your Feedback, including any ideas, know-how, concepts, techniques, or other Intellectual Property rights contained in your Feedback, and agree that we will have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate without any attribution or compensation to you, for any purpose whatsoever. We will treat any and all Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not send us any information or ideas that you consider to be confidential or proprietary.
All trademarks, logos, and service marks (“Marks”) displayed on our Website and Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Marks.
You agree not to export, reexport, or transfer, directly or indirectly, any US technical data acquired from Ontop, or any products utilizing such data, in violation of export control administered by, among others:
- The US Department of Commerce’s Bureau of Industry and Security guidelines;
- The US Export Administration Regulations and trade and economic sanctions maintained by OFAC;
- Other applicable US Government restrictions to export controls;
- The EU Regulation (EC) No 428/2009 (as amended); and
- Other US, UK and foreign export or import regulations in other countries.
These Terms will be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will not govern these Terms or the rights or obligations of the parties under these Terms.
9.10.2.1 Agreement to Arbitrate. If informal attempts to resolve any dispute relating to your use of our B2B Services or Platform, including whether the claims asserted are arbitrable, are unsuccessful, you agree that the matter will be referred to and settled through final and binding arbitration in Miami/FL, United States of America, in the English language, before a single arbitrator (under the AAA Commercial Arbitration Rules, then in effect). The parties agree that the arbitrator is not empowered to award damages in excess of the limitations of liability specified under these Terms.
9.10.2.2 Enforcement. Judgment upon the award rendered by the arbitrator, including equitable relief, may be entered by any court that has jurisdiction. The arbitrator will have the power to enforce, to the fullest extent allowed under the law, any default judgment entered against you arising out of your non-payment of Invoices.
9.10.2.3 Injunctive Relief. Notwithstanding the above, in the event of your or others’ unauthorized access to or use of our B2B Services or Platform in violation of these Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
9.10.2.4 Class Action and Jury Waiver. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, THE PARTIES EACH WAIVE THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY DISPUTE ON A CLASS, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR SIMILAR BASIS. ONLY CONSENT TO THESE TERMS IF YOU UNDERSTAND AND AGREE TO THIS PROVISION.
These Terms represent the entire agreement between the parties. It cannot be changed except by written agreement signed by the parties.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Headings are for convenience only and do not affect the interpretation of these Terms.
Our failure to exercise or enforce any right or provision of these Terms will not be constituted as a waiver of such right or provision. A waiver granted by us on one occasion will not operate as a waiver on other occasions.
9.11.5.1 By You. These Terms and your rights and obligations under these Terms may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontracting, delegation or transfer in violation of these Terms will be null and void.
9.11.5.2 By Us. We may freely assign these Terms to other companies or affiliates of the Ontop Group, whose provisions will be binding upon assignees. In any other cases, Ontop will require your prior written consent to assign the rights under these Terms.
9.11.5.3 Ontop Signs Contract Assignment. All commercial agreements under the Ontop Signs model between you and Ontop Holdings Inc. are now assigned to Ontop IC Operations LLC with immediate effect. There will be no other modifications to the obligations agreed upon in any commercial agreement.
Mailing Address: 251 Little Falls Drive, Wilmington, New Castle County, Delaware, 19808
Support: https://www.getontop.com/contact
If you feel that anything in these Terms is unclear or difficult to understand, please let us know by sending us an email to legal@getontop.com. We are truly concerned in constantly improving your legal experience and welcome your feedback.
The following terms constitute our “Acceptable Use Policy” (this “Policy”).
Any capitalized terms used in this Policy will have the meanings ascribed to them in our B2B General Terms and Conditions (“B2B T&Cs”) and B2C General Terms and Conditions (“B2C T&Cs”), as applicable.
1. Acceptable Use Policy ✅
You agree not to use our Website and/or Platform to collect, upload, transmit, display or distribute any User content that would constitute uses and/or activities listed under Section 2.1 - Prohibited Uses and/or Section 3.1 - Prohibited Activities below.
In addition, you agree not to:
(i) upload, transmit, or distribute to or through our Website and/or Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise through our Website and/or Platform;
(iii) use our Website and/or Platform to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent;
(iv) interfere with, disrupt or create an undue burden on servers or networks connected to our Website and/or Platform, or violate the regulations, policies or procedures of such networks;
(v) attempt to gain unauthorized access to our Website and/or Platform (or to other computer systems or networks connected to or used together with the Website and/or Platform), whether through password mining or any other means;
(vi) harass or interfere with any other user’s use and enjoyment of our Website and/or Platform; or
(vi) use software or automated agents or scripts to produce multiple accounts on our Website and/or Platform, generate automated searches, requests or queries to strip, scrape, or mine data from our Website and/or Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from our Website and/or Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
2. Prohibited Uses; Prohibited or Restricted Countries/Jurisdictions 🚫⛔🗺️
2.1 Prohibited Uses. If we determine that a User of our Website, Platform and/or Services violates the prohibited uses under this Policy, we may suspend access and/or close an Account without prior notice to you. The list of prohibited uses is as follows:
2.2 Prohibited or Restricted Countries/Jurisdictions. The use of our Platform and/or Services is not permitted in sanctioned territories such as Cuba, Syria, North Korea, Iran and the Crimea region of Russia/Ukraine as well as further "Covered Regions" of the Ukraine. We reserve the right to further determine restricted regions for access and/or use of our Platform and/or Services, at our sole discretion and from time to time.
3. Prohibited and Restricted Activities 🚫🚦
3.1 Prohibited Activities. If we determine that the use of our Platform and/or Services (including the content of a contract) violates our B2B T&Cs, B2C T&Cs, or the Prohibited Activity List below, we may suspend or close your Account and/or remove the contract from our Platform without prior notice. Contracts removed from our Platform may not be edited or restored. The list of prohibited activities is as follows:
3.2 Restricted Activities. The following restricted activity list is subject to enhanced due diligence (“EDD”) and anti-money laundering (“AML”) compliance procedures, which may be permitted to engage our Services, depending on the outcome of our compliance assessment:
3.3 Updates to Prohibited and Restricted Activities. We reserve the right to update, modify and otherwise alter, at our sole discretion, the criteria we adopt in applying the prohibited and restricted activity lists above and making use of risk-based assessments in our KYB and KYC processes, as well as in carrying out EDD and AML compliance procedures. The activities that we consider to be prohibited and/or restricted include, but are not limited to the activities listed under Sections 3.1 and 3.2 above.
3.4 Prohibited Contract Terms. If by any means we determine that you may be engaging in or have engaged in conduct and/or activities in violation of this Policy, your access to our Platform and/or Services may be terminated immediately and/or your Account blocked, at our sole discretion. If your Account is terminated or blocked in such circumstances, we are under no obligation to refund any funds to you linked to your Account and you will not be able to access or modify contracts through our Platform.
4. Policy Enforcement 👮🚨
4.1 Enforcement. We reserve the right (but have no obligation) to review your use of our Platform, including the content of any contract, payments to Ontop, Clients, Workers and third parties, Ontop Wallet and Ontop Card transactions, results of background checks and regular due diligence, and to investigate and/or take appropriate action against you at our sole discretion if you violate this the Acceptable Use Policy or any other provision of our B2B T&Cs or B2C T&Cs (as applicable) or otherwise create liability for us or any other third party. Such action may include removing or modifying your content, terminating your Account in accordance with this Policy and/or reporting you to law enforcement authorities.
4.2 AML/BSA Policy. This Policy is subject to the terms of our Anti-Money Laundering and Bank Secrecy Act Policy (“AML/BSA Policy”). Any use of our Platform or services in violation of our AML/BSA Policy will be considered a violation of this Policy.
The information available on our Website or Platform will in no way be characterized as a legal opinion or legal concept for the purpose of hiring independent contractors, service providers or employees. We're not lawyers, and our team doesn't provide legal advice. The documents we offer are just examples, not substitutes for professional legal guidance. We can't offer legal services or create attorney-client relationships. While your communications with us are private, they aren't protected by attorney-client privilege.
We're not allowed to give advice on legal matters or recommend specific actions. Our Platform helps you generate agreements, but we don't check them for legal accuracy or offer personalized legal advice. It's important to consult a qualified attorney for legal help. While we strive to provide accurate information, laws change, and legal situations vary. We can't guarantee the information on our site is always up-to-date or applicable to your specific situation.
The information provided on our Website is provided to you for marketing and informational purposes only, and in no way constitutes legal or financial advice. Decisions regarding employment or legal strategies should be made with adequate financial, legal or human resources advisors. We make no representations regarding the accuracy or completeness of the information contained on its website, platform or software. Ontop advises that you consult with legal and financial counsel prior to any use of our Services, and you acknowledge and agree that you have been provided with adequate opportunity to consult with such counsel.
We disclaim any liability arising from your usage of any of the information contained in our Website or Platform. We are not liable for any losses, damages or claims of any nature whatsoever arising from your use of our Website or Platform. All materials and Services described on our Website or provided through our Platform, will be available "AS-IS" and with no warranties whatsoever. You will also hold us harmless from any claims arising from such materials.
Any capitalized terms that are not defined in this General Disclaimer will have the meanings ascribed to them in the B2B T&Cs.
🛣️ The protection of your personal data and information is something that we care a lot about here at Ontop. We are committed to making our data privacy practices as simple and transparent as possible. If you feel that anything in this Privacy Policy is unclear or difficult to understand, please let us know by sending us an email to 📥legal@getontop.com. We are truly concerned in constantly improving your legal experience and welcome your feedback.
You can read a brief summary of our Privacy Policy in our Privacy FAQ: www.getontop.com/legal/privacy-faq.
To make a Personal Data Request, please visit our Ontop Privacy Center.
1. Privacy Policy Overview 🪂🔐
We recognize the need for appropriate protection and management of the personal data and information you share with us. This privacy policy (“Privacy Policy”) will help you understand the personal data that we collect from you, what we use the data for and the choices you have regarding our use and collection of personal data and information.
2. Who or What is That? 🙋
🎮 “Controller” means a person or entity that, alone or jointly with others, determines the purposes (i.e. “why”) and means (i.e. “how”) of the Processing of Personal Data.
🍪 “Cookies” are small text files sent to your computer for record-keeping purposes and this information is stored in a file on your computer’s hard drive. A persistent cookie retains user preferences for a particular website allowing those preferences to be used in future browsing sessions and remains valid until its set expiry date (unless deleted by the user before the expiry date). A temporary cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
🏢 “Client” means any individual or legal entity that engages Ontop in order to contract, onboard, make payments to and/or manage its relationships with local and international independent contractors.
🔛🔝 “Ontop”, “us”, “our” and “we” means Ontop Holdings Inc., a US corporation organized under the laws of the State of Delaware, as well as its affiliates and/or subsidiaries, collectively the “Ontop Group”.
💻 “Ontop Platform” or the “Platform” means the software as a service (SaaS) platform available via login through the Ontop Website, as well as through mobile apps available on Apple iOS, Android, among others.
🛎️ “Ontop Services” or the “Services” are the services available to users of the Ontop Platform, including but not limited to contracting, onboarding, making payments to and/or managing relationships with local and international independent contractors.
🌐 “Ontop Website” or the “Website” means the website located at www.getontop.com.
📊 “Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”).
🔄 “Process” and “Processing” means any operation or set of operations which are performed on Personal Data, whether or not by automated means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure or dissemination, erasure, deletion or destruction. “Processor” means a person or organization that engages in Processing.
💼 “Representative” means an individual who (i) acts on behalf of, or is employed by, a Customer, including, a Customer’s employees, agents, and representatives, (ii) acts on behalf of a Service Provider (as defined below), including a Service Provider’s employees, agents, and representatives, (iii) acts on behalf of a business partner, including a business partner’s employees, agents and representatives or (iv) otherwise interacts with us in any manner, for example through our Website, Software Platform or uses our Services (all as defined below), in any manner whatsoever.
🛎️🫴 “Service Provider” means a supplier, subcontractor, vendor or other third party who provides services to us.
3. Scope of Application🔭
This Privacy Policy addresses the privacy rights of individuals who:
● visit our Website, use our Platform and/or engage our Services;
● interact with us on behalf of a Client in connection with the provision of our Services;
● interact with us on behalf of a Service Provider in connection with the products and services that our Service Provider provides to us;
● interact with us on behalf of a business partner in connection with our relationship with the business partner;
● apply to work with us;
● receive marketing communications from us; and/or
● interact with us by registering for, attending and/or otherwise taking part in our trade events, webinars, or conferences or who communicate with us via email, phone, or in-person.
By visiting our Website, using our Platform and/or engaging our Services, you are accepting and consenting to the practices described in this Privacy Policy.
4. Personal Data We Collect 🧺
We collect and Process the following categories of Personal Data from Customers, Service Providers, business partners, Representatives, Website Visitors, prospective employees, individuals that receive marketing communications from us and individuals that interact with us by registering for, attending and/or otherwise taking part in our webinars or conferences or who communicate with us via email, phone or in person, in each case to operate its business for the specific purposes identified below.
Contact and Account Data. The personal details provided when users sign up to our Service. This includes the user's name, e-mail address, telephone number, address, job title and password, organization (if a legal entity), and other ways for us to contact you.
Information about user transactions. Details about the transactions you carry out and the payments to and from your accounts with us.
Payment Information. If payment for our Services is made via credit card, this may include the card number, expiration date, security code and billing address. If payment is used via (international) wire transfer, this may include the name and bank code, branch name and number, account number, IBAN and/or SWIFT code, among others. If payment is made via eWallet services (e.g. PayPal, Payoneer, etc.), this may include the account username, e-mail address or any other information that identifies the relevant user account or digital wallet. If payments to us are made via third-party payment processing platforms, these third parties will collect your Personal Data related to such payments and we will not retain this information. In such cases, the third party’s privacy policy will apply.
Data and Information Provided in IM Chats. To serve our users better, we make instant messaging (IM) tools available to our users. Any Personal Data or information provided via this medium will be collected and stored.
Biographical Data. Details about you that are stored in documents in different formats, or copies of them. This could include things like (without limitation) data contained in your passport, national ID, social security or any other identification documents. For the purposes of background checks, third parties may collect selfie photos and/or videos that run facial recognition software for identity verification.
Personal Data Provided by Telephone. We have customer service agents available to speak with our Customers 24/7. Calls may be recorded and any Personal Data and/or information provided over the telephone, including payment information, will be collected and stored.
Other Data and/or Information. We collect any other Personal Data and/or information you choose to provide to us through any and all available channels, participating in user/customer surveys or otherwise visiting and interacting with our Website and/or Software Platform.
5. Non-Personal Information 📢
We may also collect information that is related to you but that does not personally identify you. Non-personal Information also includes data that could personally identify you in its original form, but that we have modified (e.g. by aggregating, anonymizing, or de-identifying such information) in order to remove or hide any characteristics that may lead to your identification.
6. How We Use Personal Data 📊
We use Personal Data in the following cases:
● For our business transactions, including but not limited to entering into contractual agreements with you, responding to your inquiries and fulfilling your requests, sending administrative information to you, such as information regarding the Service to complete any requests to enter into and manage customized contracts and international payroll, performing quality controls and customer satisfaction activities. This use is necessary for our performance of the Service to you.
● In order to communicate with you in connection with our marketing initiatives or user and/or customer surveys. We may use any information you choose to submit in response, and we will communicate with you, provided that you give us your consent to being contacted in this way at the time you provide us with the Personal Data.
● For security purposes, included but not limited to our protection, as well as that of our employees, suppliers, contractors, Customers or platforms.
● For legitimate business interests, including but not limited to addressing complaints you make, to manage our Website and Software Platform, to better understand how visitors interact with our Service and ensure that our Website and/or Software Platform is displayed in the most effective manner from your computer/device.
● For appropriate legal reasons, such as complying with legal and regulatory requirements, carrying out background checks (KYC processes), responding to requests from public and government authorities, regulators, including those outside your country of residence, enforcing our Terms of Service (http://34.205.69.217/terms-and-conditions/) and this Privacy Policy, protecting our operations, rights, privacy, safety or property, as well as in order to allow us to pursue available remedies or limit damages that we or other third parties may incur.
● For internal business reasons, we may anonymize, aggregate and de-identify the data that we collect and use such data for our own internal business purposes, including but not limited to sharing it with our current and prospective Customers, business partners, our affiliated businesses, agents and other third parties for commercial, statistical and/or market research purposes, for example to allow those parties to analyze patterns among groups of people, and conducting research on demographics, interests and behavior.
● For marketing and events-related communications, included but not limited to those related to our products and services, inviting you to participate in events, surveys or otherwise communicating with you for marketing purposes, pursuant to the requirements for consent under the applicable law: (i) when you consent to said communication; (ii) when it is in Ontop's legitimate interest; and (iii) increasing efficiency in the fulfillment of our legal and contractual duties.
● For reasons you have previously consented to.
7. With Whom We Share Collected Personal Data 📲
Vendors and Service Providers. We may disclose Personal Data about you and/or other information you provide us to vendors, suppliers and Service Providers we retain in connection with our business, including but not limited to website hosting, data hosting, data analysis, order fulfillment, information technology and related infrastructure services, customer service, email delivery, tax and financial advisers, legal advisers, accountants or auditors.
Merger or Acquisition. We may disclose Personal Data collected about you and/or other information you provide us to a third party who acquires any part of our business, whether such acquisition is by way of merger, consolidation, divestiture, spin-off, or purchase of all or a substantial portion of our assets.
Disclosure Permitted by Law. We may disclose Personal Data collected about you and/or other information you provide us to law enforcement authorities, government or public agencies or officials, regulators, and/or to any other person or entity having appropriate legal authority or justification for receipt of your Personal Data and/or other information, if required or permitted to do so by law or legal process, in order to respond to claims, protect our rights, interests, privacy, property or safety, as well as those of our shareholders, employees or contractors.
8. Communications 🗣️
We may contact you with newsletters and other marketing information that may be of interest to you. You may opt out of receiving any or all of these marketing communications from us at any time, by clicking on the unsubscribe link or instructions provided in any email we send or by contacting us. Please note that we may still send you transactional or administrative messages related to the Services even after you have opted out of receiving marketing communications.
9. Cookies + Other Web Technologies 🍪
Our Services may use persistent and temporary Cookies and similar technologies.
Information collected through the use of Cookies includes, but is not limited to user login information and time zone setting.
We use Cookies for several purposes, including but not limited to: (i) to improve the user experience, (ii) to collect anonymous and aggregated statistical data about users’ visits to our Website, Software Platform and/or use of our Services. We use this data to analyze how our Service is used and how to improve it, and we may use said data to advertise third-party products online.
Unless you set up your internet browser not to accept Cookies, it will accept the use of them. You can always disable Cookies in your browser’s preferences even if you have consented to the use of Cookies in the past. You may also delete Cookies stored on your computer at any given time. Please note that disabling Cookies may negatively impact your online experience with our Service and prevent you from logging in to our Website.
We use analytics tools to help us get a better understanding of how visitors use our Website and Platform. The information generated by these Cookies about users of our Service is transmitted to and stored by those analytics tools.
10. Information Security 🏰
The security of your Personal Data is extremely important to us. We take the appropriate steps to protect the information you provide us from loss, misuse, unauthorized access or disclosure, alteration and destruction, both against external and internal threats. Where we have given you (or where you have chosen) a password or other login information which enables you to access certain restricted parts of our Service, you are responsible for doing everything you reasonably can to keep this information secret. You must not share your password or login information with anyone else.
As no data transmission or security system can be guaranteed as 100% secure, we cannot ensure or warrant the security of any Personal Data and/or information that you transmit to us; nonetheless, we adopt all measures and make use of technology trusted by the industry to provide as much security as possible. As such, you transfer Personal Data and/or information to us at your own risk.
11. Personal Data and/or Information Collected from Other Sources ⛲
We may also collect Personal Data and/or information about you from other sources in order to help us correct or supplement our records, to improve the quality or personalization of our service to you, and to prevent or detect fraud. We work closely with third parties (e.g. business partners, Service Providers, sub-contractors, advertising networks, analytics providers, search information providers, fraud protection services) and may receive Personal Data and/or information about you from them.
In order to provide and improve our Services, we may engage with Service Providers. In the process of supplying services to us, these Service Providers may need to collect Personal Data about you.
12. Disclosure of Personal Data Via Links to Third-Party Websites, Services, and Applications 🔗
Using our Website or the Services may link to third-party websites, services and/or applications. We are not responsible for any Personal Data collected through these means. Personal Data collected in this manner is governed through the third-party website’s privacy policy. Any interactions you have with these websites, services and/or applications are beyond our control. We urge you to read the privacy and security policies of any external websites before providing any Personal Data while accessing those websites.
13. Minors 👶
Our Software Platform and Services are not directed to minors under the age of 18. We perform age verification on users that access our Software Platform, and if you are under the age of 18, you will be unable to contract our Services.
14. Modifications to this Privacy Policy 🔀
We may revise this Privacy Policy from time to time. The most current version of the Privacy Policy will govern our collection, use, and disclosure of Personal Data and/or information about you. If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on our Website and/or Software Platform prior to the effective date of the changes. By continuing to access or use the Service after those changes become effective, you acknowledge and agree to the revised Privacy Policy.
15. Contact us 📨
If you have more questions about Ontop’s Privacy Policy or privacy practices, would like to contact our Data Protection Officer, or would like to submit a complaint, you can contact us at privacy@getontop.com (please write "Privacy Policy Issue" on the subject line) or fill out the Personal Data Request Form at the Ontop Privacy Center. You can also reach out to us via snail mail at: Ontop Holdings Inc., 251 Little Falls Drive, Wilmington, New Castle County, Delaware, 19808.
Ontop takes your privacy questions seriously. A dedicated team reviews your inquiry to determine how best to respond to your question or concern, including those inquiries received in response to an access or download request. In most cases, all substantive contacts receive a response within 30 days. In other cases, we may require additional information or let you know that we need more time to respond.
IMPORTANT: Please check the table above to see if these apply to you.
APPENDIX A: CALIFORNIA RESIDENTS
Note: This section applies specifically to California Residents.
This appendix (“Appendix A” or “CCPA Privacy Terms”) addresses the specific disclosure requirements under the California Consumer Privacy Act of 2018 (“CCPA”). It applies to personal information about California residents using our Website and Services. For purposes of the CCPA, personal information means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household (“Personal Information”). In the event of a conflict between Appendix A and any of our other privacy policies and or terms, Appendix A shall control only with respect to the Personal Information of California residents.
Personal Information Categories
Appendix A covers our Personal Information collection and usage more fully. The chart below describes the categories of Personal Information we collect and the sources from which we collect the Personal Information, organized into the categories specified by the CCPA.
California Residents' Privacy Rights
California residents have rights to request access to or deletion of their Personal Information and may not be discriminated against because they exercise any of their rights under the California Consumer Privacy Act in violation of Cal. Civ. Code §1798.125. You can make requests by sending an email to us with details of your specific request. We may ask that you provide certain information to verify your identity, and the information we request from you will depend on your prior interactions with us and the sensitivity of the Personal Information in question. Once confirmed, we will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.
You may designate an authorized agent to make a request under the CCPA on your behalf if: (1) the authorized agent is a natural person or a business entity registered with the Secretary of State of California; and (2) you sign a written declaration that you authorize the authorized agent to act on your behalf. We may ask that you provide certain information to verify your identity and that you authorized the authorized agent to act on your behalf. If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA. If you have any questions regarding our Privacy Policy or specifically these CCPA Privacy Terms, or would like to change your preferences, you may contact us using the contact information contained in Section 12 of our Privacy Policy.}
APPENDIX B: GDPR PRIVACY TERMS
Note: This section applies specifically to EEA/EU/UK/Switzerland residents.
This appendix (“Appendix B” or “GDPR Privacy Terms”) applies to the Processing of Personal Data by us in our role as a Controller, or as otherwise covered by the European Union General Data Protection Regulation 2016/679 (“GDPR"), when individuals:
● visit or use our Website;
● interact with us either on your own behalf or on behalf of a Customer in connection with the provision of our Services;
● interact with us on behalf of a Service Provider in connection with the products and services our Service Provider provides to us;
● interact with us on behalf of a business partner in connection with our relationship with the business partner;
● apply to work with us;
● receive marketing communications from us; and/or
● interact with us by registering for, attending and/or otherwise taking part in our trade events, webinars, or conferences or communicate with us via email, phone, or in-person interactions.
These GDPR Privacy Terms do not apply to any Personal Data Processed, stored, or hosted by Customers using any of our Services or to the extent that we Process Personal Data in the role of a Processor on behalf of our Customers. Where we act as Processors on behalf of our Customers, that Processing is subject to the protections contained in our data processing agreements with Customers. We have no control over, and are not responsible for, any Personal Data that our Customers may store or host on their equipment or otherwise Process while using our Services. We are not responsible for the privacy or data security practices of our Customers, which may differ from those set forth in our Privacy Policy and/or these GDPR Privacy Terms. For information related to how our Customers Process Personal Data, please contact the respective Customer directly. Furthermore, these GDPR Privacy Terms do not apply to any third-party websites or services that may be linked to our Website or the Services unless that website or service is controlled by us and displays our Privacy Policy and/or these GDPR Privacy Terms. We have no control over, and are not responsible for, the data collection and/or handling practices of these third-party websites or services outside our Website or Services. We encourage you to read the privacy statements of any third-party websites or services linking to (or linked to via) the Website or Services.
In the event of a conflict and/or discrepancy between these GDPR Privacy Terms and our general Privacy Policy, these GDPR Privacy Terms will prevail.
Our Contact Details
If you have any questions or concerns as to how your Personal Data is Processed, please write to us using the contact information contained in Section 12 of our Privacy Policy.
Our Data Collection Practices
We collect and Process the following categories of Personal Data from Customers, Service Providers, business partners, Representatives, Website Visitors, prospective employees, individuals that receive marketing communications from us and individuals that interact with us by registering for, attending and/or otherwise taking part in our webinars or conferences or who communicate with us via email, phone or in person, in each case to operate its business for the specific purposes identified below.
● Personal Details include data such as names, titles, company names, departments, email addresses, physical street addresses, telephone numbers, and social media usernames of individuals.
● Login Credentials include data such as usernames and passwords of individuals needed to access our Services.
● Unique IDs include data that we obtain from (a) prospective employees, (b) Website Visitors, or (c) other individuals that interact with us.
● Customer Support Records include data such as call details and other similar data regarding customer support communications and chat sessions with Representatives.
● Website and Service Records include data related your interactions with our Website and Services and other online content such as log data (i.e. login information, preferences and settings, etc.).
● Employment Information includes details such as descriptions of roles performed and locations of employment.
Why do we collect Personal Data, what are the sources of Personal Data, what are the purposes for Processing and what is the lawful basis?
The table below sets out the types of Personal Data we Process, the purposes of Processing such Personal Data and our lawful basis for doing so. The lawful basis will vary with the type of Processing involved and will typically include Processing (i) necessary for us to pursue our legitimate business interests, (ii) based on your consent, where this is required by data protection laws, and (iii) necessary for us to comply with our legal obligations. Where we rely on our legitimate business interests, we have explained what the grounds are for that reliance.
Sharing Personal Data with Third Parties
Except as described below, we will not share or disclose Personal Data with or to outside third parties. Any and all Personal Data provided to us by a Customer, Website Visitor, business partner, or other third party is transferred only on a “need to know” basis in keeping with the purposes outlined in our Privacy Policy and/or these GDPR Privacy Terms.
Service Providers. We may share Personal Data with our Service Providers in connection with advertising, hosting, data analytics, information technology and infrastructure, order management and fulfillment, billing, contract management, email delivery, auditing, events and other related activities. We provide such Personal Data or authorize the Processing of such Personal Data only as necessary to enable our Service Providers to perform their designated functions. Our contractual agreements with them (1) require them to act only under our instruction and for the purpose(s) directed by us with respect to such Personal Data; and (2) prohibit them from sharing such Personal Data with any third parties without our authorization.
Business Partners. We may also share your Personal Data with trusted business partners pursuant to our contractual arrangements with them, which will include appropriate safeguards to protect any Personal Data that we share with these partners. These may include, but are not limited to third parties that organize trade shows, consultants, experts and auditors.
Affiliated Entities. We share Personal Data with our affiliates. Subject to local requirements, this Personal Data may be used to provide Services offered by our affiliates, for the affiliates to provide support to the affiliated entity that is sharing the Personal Data or for any other purposes described in our Privacy Policy and/or these GDPR Privacy Terms. For example, affiliates may share Personal Data about our Customers, Service Providers, business partners, representatives, prospective employees and Website Visitors for direct marketing purposes.
Fraud Prevention and Protection of Legal Rights. We may use and disclose Personal Data to the appropriate regulatory, legal, judicial or law enforcement authorities and our advisors and investigators when: (i) we believe, at our sole discretion, that such disclosure is necessary to investigate, prevent, or respond to suspected illegal or fraudulent activity or to protect our safety, rights and/or property or that of our group of companies and/or Customers, Service Providers, business partners, Representatives, Website Visitors, prospective employees, employees, contractors, among others; (ii) we suspect abuse of the Website, Software Platform and/or Services or unauthorized access to any system, spamming, denial of service attacks or any other similar attacks; (iii) exercising or protecting legal rights or defending against legal claims; or (iv) pursuing available remedies, as well as mitigating or limiting the damages that we may sustain. We may disclose Personal Data to our partners, Service Providers and law enforcement to secure our Website, Software Platform and/or Services, including to detect, prevent, and investigate security incidents or violations to our Terms of Service (https://www.getontop.com/legal/terms-of-service), Privacy Policy and/or applicable laws.
Law Enforcement. We may have to disclose the Personal Data of our Customers, Service Providers, business partners, representatives, applicants, Website Visitors or other third parties if a court, law enforcement or other public or government authority with appropriate jurisdiction requests that we provide said Personal Data and we believe, at our reasonable discretion, that such request was made in compliance with the applicable law.
Corporate Reorganization. We may transfer the Personal Data of our Customers, Service Providers, business partners, Representatives, Website Visitors or other third parties to another third party in the case of the reorganization, sale, merger, joint venture, assignment, transfer or other alienation of any or all of our business, assets and/or stocks, including in the event of bankruptcy or corporate restructuring. Except as otherwise provided by a bankruptcy or other court, the use and disclosure of all transferred Personal Data will be subject to compliance with applicable data protection laws. Any Personal Data that an individual submits or that is collected after the reorganization may be subject to a new privacy policy adopted by the successor entity, which will be informed to you as provided under Section 11 of our Privacy Policy.
Service Improvements. We may disclose Personal Data to our Service Providers in order to improve our Website, Software Platform and/or Services, such as to identify bugs, repair errors or ensure that services function as intended, or to conduct internal research and analysis in order to improve our technology.
Cross-Border Transfers of Personal Data
If we transfer EEA/EU/UK/Switzerland Personal Data to affiliates outside this EEA/EU/UK/Switzerland region, we will put in place appropriate intra-group agreements in accordance with the GDPR requirements, including use of the EU commission-approved standard contractual clauses (“SCC(s)”) for Controllers as appropriate. If we transfer EEA/EU/UK/Switzerland Personal Data to third parties, such as Service Providers or business partners in countries outside the EEA/EU/UK/Switzerland region, we will put in place the EU SCCs or other relevant international transfer documentation that complies with the GDPR requirements. We will also put in place a GDPR-compliant data processing agreement.
Data Retention
We will retain Personal Data that we collect and Process where we have a justifiable business need to do so and/or for as long as it is needed to fulfill the purposes outlined in our Privacy Policy and these GDPR Privacy Terms. We may retain Personal Data as required by law, such as for tax, legal and/or accounting purposes. When we have no justifiable business need to process your Personal Data (e.g. after all of our necessary interactions have ended, our internal record keeping policies no longer require us to continue to process your Personal Data and we have no other legal obligations to retain your Personal Data), we will either delete or anonymize your Personal Data, at our reasonable discretion.
Data Subject Rights under the GDPR
The GDPR grants individuals who are in the EU/EEA/UK the rights as detailed in the paragraphs below, with some limitations. Individuals may contact us through our contact information contained in Section 12 of our Privacy Policy to exercise any of these rights and we will respond with the requested action or information, as applicable, or we will let you know why such rights do not apply to you. These rights are not absolute and are subject to various conditions under the applicable data protection and privacy legislation, as well as the laws and regulations that apply to us. In some cases, the exercise of these rights (e.g. erasure, deletion, objection, restriction or the withholding or withdrawing of consent to Processing) may make it impossible for us to provide our Services.
Right to Not Provide Consent or to Withdraw Consent. We may seek to rely on your consent in order to Process certain Personal Data. Where we do so, you have the right to not provide your consent and the right to withdraw your consent at any time. If you withdraw your consent, this will not affect the lawfulness of the Processing conducted based on consent before its withdrawal.
Right of Access. You have the right to obtain confirmation as to whether or not we collect or Process Personal Data concerning you and, if this is the case, you have the right to request a copy of such Personal Data in digital format.
Right of Rectification. You have the right to require that we correct any inaccurate Personal Data concerning you and that we supplement incomplete Personal Data.
Right of Erasure. Under certain circumstances, you have the right to request that we erase Personal Data concerning you; e.g. if it is no longer necessary for the purposes for which it was originally collected and we do not otherwise have a legitimate reason to retain the Personal Data. We may need to retain certain Personal Data when legally required for internal, record keeping purposes and/or in order to complete any transactions initiated prior to your request to remove or delete your Personal Data. When we are unable to delete Personal Data from our systems, we will anonymize it so it will no longer be directly or indirectly linked to your identity or identifiable.
Right to Restrict Processing. Under certain circumstances, you have the right to request that we restrict the Processing of your Personal Data that we have collected; e.g. when you believe that your Personal Data that we retain is not accurate or unlawfully held.
Right to Data Portability. Under certain circumstances, you have the right to receive the Personal Data concerning you that you have provided to us in a structured, commonly used, machine readable format, and for us to transmit the data to another entity where technically feasible.
Right to Object to the Processing. Under certain circumstances, you have the right to request that we stop Processing your Personal Data, including when we rely on legitimate interests as a legal basis set forth in Table 1 above. If you receive commercial electronic communications from us, you can unsubscribe from the receipt of future commercial electronic communications from us by clicking on the “unsubscribe” link provided in such communications. Please also note that if you do opt out of receiving commercial electronic communications from us, we may still send you important administrative messages (such as updates about your account or changes to the Services) and you cannot opt out from receiving these messages, unless you stop engaging our Services.
Right to Not be Subject to Decisions Based Solely on Automated Processing that Produce Legal Effects. We do not make decisions based solely on automated Processing - including profiling - that produces legal effects or similarly affects you.
Right to Complaint before a Supervisory Authority. You have the right to lodge a complaint with a Supervisory Authority if you believe that our Processing of Personal Data relating to you is inconsistent with our obligations under the GDPR. In this situation, we ask you please consider contacting us first, so that we can try and assist with your query or address your concern.
In order to exercise any of your rights as set forth herein, please contact us in writing, via email or postal mail as indicated in Section 12 of our Privacy Policy, so that we may consider your request under the applicable law. We may ask that you provide the following Personal Data for us to promptly address your request:
● The name, user ID, pseudonym, email address or other identifier you have provided to us or, if you have not otherwise previously interacted with us, your first and last name and an address where we can contact you;
● The country in which you are located;
● A clear description of the Personal Data or content that you wish to receive or to be deleted or corrected and/or the action you wish to be taken; and
● Sufficient information to allow us to locate the content or Personal Data to be deleted, removed and/or corrected.
For your protection, we may only respond to requests with respect to the Personal Data that is associated with the particular email address that is registered under your user account. In addition, please note that, depending on the nature of your inquiry, request and/or complaint, we may need to verify your identity before implementing your request and require documentary proof of identity, such as in the form of a government issued ID and proof of your physical address. We will make all efforts to comply with your request as soon as reasonably practicable and in any case within the timelines prescribed by the applicable law. However, we reserve the right to refuse to act on a request that is manifestly unfounded or excessive (e.g. because it is repetitive) and/or to charge a fee that takes into account the administrative costs for providing the information or the communication or taking the action requested, in the cases where such action is justified.
APPENDIX C: LGPD Privacy Terms (Portuguese)
Note: This section applies specifically to Brazil residents.
ANEXO C: Termos de Privacidade LGPD (português)
Obs.: Esta seção aplica-se especificamente aos residentes do Brasil.
Os presentes termos e condições de privacidade relativos à Lei Geral de Proteção de Dados (“Termos LGPD”) aplicam-se a atividades de processamento de Dados Pessoais sob a lei brasileira e complementa a nossa Política de Privacidade (General Privacy Policy - https://www.getontop.com/privacy-policy/).
Seus direitos
Nos termos da Lei Geral de Proteção de Dados (Lei nº 13.709/2018, ou simplesmente “LGPD”), você terá os seguintes direitos:
● Confirmação da existência de tratamento dos seus dados;
● Acesso aos dados;
● Correção de dados incompletos, inexatos ou desatualizados;
● Anonimização, bloqueio ou eliminação de dados desnecessários, excessivos ou tratados em desconformidade com a lei;
● Portabilidade dos dados a outro fornecedor de serviço ou produto, mediante requisição expressa;
● Eliminação dos dados tratados mediante requisição expressa;
● Obtenção de informações sobre as entidades públicas ou privadas com as quais a Ontop compartilha os seus dados;
● Informação sobre a possibilidade de não fornecer o seu consentimento, bem como de ser informado pela Ontop sobre as consequências em caso de negativa; e
● Revogação do consentimento.
Dados Pessoais que coletamos
Podemos coletar e processar Dados Pessoais de clientes, prestadores de serviço, parceiros comerciais, representantes, visitantes ao nosso site, potenciais empregados futuros, indivíduos que recebem comunicações de marketing de nós e indivíduos que se engajam conosco em se registrando, comparecendo e/ou de outra forma participando em nossos webinars ou conferências ou aqueles que se comunicam conosco via e-mail, telefone ou presencialmente, em cada caso e para conduzir o nosso negócio nos propósitos específicos detalhados abaixo:
a. Dados de contato e de contas. Os dados e informações pessoais fornecidos quando usuários se inscrevem para contratar o nosso Serviço. Isso incluirá o nome, e-mail, número de telefone, endereço, cargo e senha, organização (se pessoa jurídica), e outras formas para que possamos entrar em contato com o cliente e usuário.
b. Informações sobre transações financeiras de usuários. Informações sobre as transações financeiras que você executa, pagamentos e informações de contas da Ontop.
c. Informações de pagamento. Se o pagamento pelos nossos Serviços for realizado via cartão de crédito, os dados coletados poderão incluir o número do cartão, data de vencimento, código de segurança e endereço de cobrança. Se o pagamento for realizado por meio de transferência bancária (internacional), os dados coletados poderão incluir o seu nome e dados bancários, como número de agência, número da conta, código IBAN e/ou SWIFT, entre outros. Caso o pagamento seja realizado via serviços eWallet (p.ex. PayPal, Payoneer, etc.), os dados coletados poderão incluir o nome e usuário da conta, endereço de e-mail e quaisquer outras informações que identifiquem a conta do usuário ou carteira digital aplicável. Caso os pagamentos sejam realizados via plataformas de processamento de pagamentos de terceiros, estes coletarão os seus Dados Pessoais referentes a tais pagamentos, não sendo a Ontop a empresa responsável por tais informações. Nestes casos, a política de privacidade da empresa terceira será a aplicável.
d. Dados e informações fornecidos em chat de mensagens instantâneas. Para melhor atender aos nossos usuários, disponibilizamos em nosso site ferramentas de mensagens instantâneas (IM). Quaisquer Dados Pessoais ou informações fornecidas por este meio serão coletados e armazenados.
e. Dados biométricos. Informações sobre o usuário que são armazenadas em documentos de diferentes formatos ou cópias destes, com o devido consentimento para uso da plataforma e/ou serviços da Ontop. Referem-se aos dados contidos no seu passaporte, documento de identidade, seguridade social ou quaisquer outros documentos de identificação pessoal. Para fins de verificação de usuário, algumas empresas terceiras que utilizamos poderão coletar fotos e/ou vídeos estilo selfie que executem softwares de reconhecimento facial para verificação de identidade.
f. Dados Pessoais fornecidos por telefone. Nós possuímos agentes de atendimento disponíveis para atender os nossos Clientes 24/7. Ligações poderão ser gravadas e quaisquer Dados Pessoais e/ou informações fornecidas pelo telefone, inclusive informações de pagamento, serão coletados e armazenados.
g. Outros Dados e/ou informações. Podemos solicitar que Clientes e Usuários forneçam informações gerais e outros Dados Pessoais através de nossos canais de atendimento e com o devido consentimento, com o objetivo de participar em pesquisas para a constante melhoria de nosso site, software ou Serviços.
Controladora e Encarregado (DPO)
A controladora de dados responsável por seus dados pessoais é a Ontop Holdings Inc. e/ou quaisquer de suas empresas afiliadas (“Controladora”). Você pode entrar em contato com o encarregado pelo tratamento de Dados Pessoais (“DPO” ou “Encarregado”) através dos canais de contato disponíveis abaixo e na Cláusula 12 da nossa Política de Privacidade, com o assunto “Política de Privacidade”:
Encarregado pelo tratamento de Dados Pessoais - DPO
E-mail: privacy@getontop.com
Endereço: Ontop Holdings Inc., 251 Little Falls Drive, Wilmington, New Castle County, Delaware, 19808.
APPENDIX D: COLOMBIA PRIVACY TERMS (SPANISH)
Note: This section only applies to Colombian residents.
ANEXO D: TÉRMINOS DE PRIVACIDAD PARA COLOMBIA (ESPAÑOL)
Obs.: Esta sección sólo aplica a residentes en el territorio de la República de Colombia.
1. GENERALIDADES
De conformidad con el artículo 15 de la Constitución Política, relativo al derecho que tienen todas las persona a conocer, actualizar y rectificar las informaciones que se hayan recogido sobre ellas en bases de datos; el artículo 20 de la Constitución Política, sobre el derecho a la información; la Ley Estatutaria 1581 de 2012 “Por la cual se dictan disposiciones generales para la protección de datos personales”, el Decreto 1377 de 2013, “Por el cual se reglamenta parcialmente la Ley 1581 de 2012” y demás normas reglamentarias; Ontop, teniendo en cuenta su responsabilidad en el tratamiento de datos personales de otros, en cumplimiento de las normas señaladas, adopta este Anexo con temas complementarios para Colombia a su Política de Privacidad sombrilla (General Privacy Policy – https://www.getontop.com/legal/privacy-policy/).
2. CAMPO DE APLICACIÓN
El Anexo D se aplica a clientes, contratistas, empleados, proveedores o, de cualquier otra persona que por algún motivo suministre información a Ontop, mientras se encuentren en el territorio de la República de Colombia.
3. PRINCIPIOS PARA EL TRATAMIENTO DE DATOS PERSONALES
El Anexo D se aplica a clientes, contratistas, empleados, proveedores o, de cualquier otra persona que por algún motivo suministre información a Ontop, mientras se encuentren en el territorio de la República de Colombia.
Ontop como Responsable del Tratamiento, aplicará, de manera armónica e integral, los siguientes principios rectores en la recolección, manejo, uso, tratamiento, almacenamiento e intercambio de datos personales:
1. Principio de legalidad en materia de Tratamiento de datos: En el Tratamiento de datos personales, Ontop dará aplicación al artículo 15 de la Constitución Política; al artículo 20 de la Constitución Política; a la Ley Estatutaria 1581 de 2012; al Decreto 1377 de 2013; al Decreto 1074/15 y a las demás normas vigentes y aplicables y demás disposiciones que la desarrollen, que rigen el tratamiento de datos personales y demás derechos fundamentales conexos.
2. Principio de finalidad: El Tratamiento de datos personales que sean acopiados o recogidos por Ontop o a los que esta tenga acceso, obedecerá a una finalidad legítima de acuerdo con la Constitución y las Leyes, la cual debe ser informada al Titular.
3. Principio de libertad: El Tratamiento de datos personales sólo puede ejercerse con el consentimiento, previo, expreso e informado del Titular. Los datos personales no podrán ser obtenidos o divulgados sin previa autorización, o en ausencia de mandato legal o judicial que releve el consentimiento.
4. Principio de veracidad o calidad: La información sujeta a captura, recolección, uso y tratamiento de datos personales debe ser veraz, completa, exacta, actualizada, comprobable y comprensible. Se prohíbe el Tratamiento de datos parciales, incompletos, fraccionados o que induzcan a error.
5. Principio de transparencia: En el Tratamiento de datos personales debe garantizarse el derecho del Titular a obtener de Ontop o del Encargado del Tratamiento, en cualquier momento y sin restricciones, información acerca de la existencia de datos que le conciernan.
6. Principio de acceso y circulación restringida: El Tratamiento de datos personales se sujeta a los límites que se derivan de la naturaleza de los datos personales y, a las normas vigentes y aplicables que rigen el tratamiento de datos personales y demás derechos fundamentales conexos. En este sentido, los datos personales sólo podrán ser objeto de Tratamiento por personas autorizadas por el Titular, y salvo la información pública, no podrán estar disponibles en Internet u otros medios de divulgación o comunicación masiva, salvo que el acceso sea técnicamente controlable para brindar un conocimiento restringido sólo a los Titulares o terceros autorizados conforme a la ley.
7. Principio de seguridad:La información sujeta a Tratamiento por parte de Ontop, se manejará con las medidas técnicas, humanas y administrativas existentes que sean necesarias para otorgar seguridad a los registros, evitando su adulteración, pérdida, consulta, uso o acceso no autorizado o fraudulento.
8. Principio de confidencialidad: Todas las personas que intervengan en el Tratamiento de datos personales o que tengan acceso a informaciones que se encuentren en Bases de Datos y que no tengan la naturaleza de públicos, están obligadas a garantizar la reserva de la información, inclusive después de finalizada su relación con alguna de las labores que comprende el Tratamiento de la información, pudiendo sólo realizar suministro o comunicación de datos personales cuando ello corresponda al desarrollo de las actividades autorizadas en las normas vigentes y aplicables que rigen el tratamiento de datos personales, y demás derechos fundamentales conexos.
Todas las personas que trabajen actualmente o sean vinculadas a futuro para tal efecto, en la administración y manejo de bases de datos, deberán suscribir otro sí a su contrato laboral o de prestación de servicios para efectos de asegurar tal obligación.
4. DERECHOS DE LOS TITULARES DE DATOS PERSONALES
Todo proceso que conlleve el Tratamiento de datos personales por parte de cualquier área de la compañía, tanto de visitantes, clientes, contratistas, trabajadores, proveedores y, en general, cualquier tercero con el cual Ontop sostenga relaciones comerciales y laborales, deberá tener en cuenta los derechos que le asisten a ese Titular de los datos, los cuáles se enuncian a continuación:
1. Conocer, actualizar, consultar o rectificar sus datos personales, en cualquier momento, frente a Ontop, respecto a aquellos datos que considere parciales, inexactos, incompletos, fraccionados y/o que induzcan a error.
2. Solicitar en cualquier momento una prueba de la autorización otorgada a Ontop para el Tratamiento de sus datos personales.
3. Ser informado por Ontop, previa solicitud del Titular de los datos, respecto del uso que le ha dado a los mismos.
4. Presentar ante la Superintendencia de Industria y Comercio las quejas que considere pertinentes para hacer valer su derecho al Habeas Data frente a Ontop.
5. Revocar la autorización y/o solicitar la supresión de algún dato, cuando considere que la Ontop no ha respetado sus derechos y garantías constitucionales.
6. Acceder, en forma gratuita, a los datos personales que voluntariamente decida compartir con Ontop, para lo cual la compañía se encargará de conservar y archivar de forma segura y confiable los formatos de autorización de cada uno de los Titulares de datos personales debidamente otorgadas.
5. TRATAMIENTO DE LOS DATOS SENSIBLES
Dato sensible: Aquellos que afectan la intimidad del Titular o cuyo uso indebido puede generar su discriminación, tales como los relacionados con el origen racial o étnico, la pertenencia a sindicatos, organizaciones sociales o de derechos humanos, convicciones políticas, religiosas, de la vida sexual, biométricos o datos de la salud y, los datos biométricos, como huellas digitales, fotografías, iris, reconocimiento de voz, facial o de palma de mano. Esta información podrá no ser otorgada por el Titular de estos datos.
Ontop podrá hacer la captura, recolección, uso y tratamiento de los datos catalogados como sensibles cuando:
a) El Titular haya dado su autorización previa y explícita a dicho Tratamiento, salvo en los casos que por ley no sea requerido el otorgamiento de dicha autorización.
b) El Tratamiento sea necesario para salvaguardar el interés vital del Titular y este se encuentre física o jurídicamente incapacitado. En estos eventos, los representantes legales deberán otorgar su autorización.
c) El Tratamiento sea efectuado en el curso de las actividades legítimas y con las debidas garantías por parte de una fundación, ONG, asociación o cualquier otro organismo sin ánimo de lucro, cuya finalidad sea política, filosófica, religiosa o sindical, siempre que se refieran exclusivamente a sus miembros o a las personas que mantengan contactos regulares por razón de su finalidad. En estos eventos, los datos no se podrán suministrar a terceros sin la autorización del Titular.
d) El Tratamiento se refiera a datos que sean necesarios para el reconocimiento, ejercicio o defensa de un derecho en un proceso judicial. El Tratamiento tenga una finalidad histórica, estadística o científica. En este evento deberán adoptarse las medidas conducentes a la supresión de identidad de los Titulares.
6. TRANSFERENCIA DE DATOS
Si Ontop transfiere los Datos Personales a su casa matriz o a otras sucursales, se aplicará la Política de Privacidad Sombrilla. Si Ontop transfiere los Datos Personales a terceros, tales como proveedores de servicios o socios de negocios, mediará un acuerdo de procesamiento de datos que cumpla con la legislación aplicable vigente.
7. OTROS DATOS PERSONALES QUE RECOLECTAMOS
Además de los datos personales mencionados en la Política de Privacidad sombrilla (General Privacy Policy – https://www.getontop.com/legal/privacy-policy/), en Colombia Ontop recolecta y administra datos como tipo de documento de identificación, número de documento de identificación, lugar de expedición de documento de identificación, género, RH, fotografía, huella digital, fecha y lugar de nacimiento, edad, grado de escolaridad (títulos obtenidos), compañía para la cual labora y/o que representa, cargo u ocupación, estado civil, nombre del cónyuge o compañero permanente, nombre de personas a cargo, parentesco de personas a cargo, edad de personas a cargo, fecha de nacimiento, ocupación de personas a cargo, dirección/domicilio, teléfono fijo personal, teléfono fijo de la compañía, teléfono celular personal, teléfono celular de la compañía, correo electrónico personal, correo electrónico de la compañía, nombre, parentesco y teléfono de persona a contactar en caso de emergencia, entidad promotora de salud (EPS), Caja de compensación, administradora de riesgos profesionales (ARL), administradora de fondo de pensiones, administradora de fondo de cesantías y, datos sensibles relacionados con la salud, en cuanto a órdenes y relación de pruebas, así como los resultados de éstas (por ejemplo y según corresponda, Perfil lipídico, Glicemia, PSA –Antígeno específico de próstata para hombres mayores de 40 años–, Audiometría, Espirometría, Optometría, Citología –para mujeres–, Pruebas de función renal y hepática –AST-ALT-FA-creatinina-Parcial de orina-hemograma–, KOH-coprocultivo y cultivo nasofaringe y, RX de tórax –PA Y lateral–).
Dichos datos son recolectados por Ontop con el propósito de gestionar la relación comercial existente entre Ontop y sus clientes, gestionar los procesos de nómina y realizar todas aquellas actuaciones relacionadas con la relación laboral existente entre Ontop y sus trabajadores o contratistas directos, y gestionar la relación comercial existente entre Ontop y sus proveedores.
8. PROCEDIMIENTOS PARA EL EJERCICIO DE LOS DERECHOS DEL TITULAR DE LOS DATOS PERSONALES
El usuario podrá ejercer su derecho a conocer, actualizar, rectificar y suprimir los datos personales que haya suministrado a Ontop, enviando una comunicación, en cualquier momento y de manera gratuita, a través del siguiente correo electrónico: privacy@getontop.com.
De conformidad con lo dispuesto en el Artículo 20 del Decreto 1377 de 2013, los derechos de los Titulares establecidos en la Ley, podrán ejercerse por:
a) El Titular, quien deberá acreditar su identidad en forma suficiente por los distintos medios que le ponga a disposición el Responsable.
b) Por sus causahabientes, quienes deberán acreditar tal calidad.
c) Por el representante y/o apoderado del Titular, previa acreditación de la representación o apoderamiento.
La petición o derecho que ejercita el Titular de los datos personales deberá contener, como mínimo:
1. Identificación del Titular.
2. Los datos de contacto para recibir notificaciones.
3. Los documentos que acrediten en debida forma la personería o mandato para actuar, si fuera el caso.
4. La descripción clara y precisa de los datos personales respecto de los cuales el Titular busca ejercer alguno de los derechos.
Estos derechos se podrán ejercer, entre otros, frente a datos parciales, inexactos, incompletos, fraccionados, que induzcan a error o, aquellos cuyo tratamiento esté expresamente prohibido o no haya sido autorizado por su Titular.
9. CONSULTAS
Los Titulares, sus causahabientes o representantes podrán consultar la información personal del Titular que repose en cualquier base de datos de Ontop, suministrando a estos toda la información contenida en el registro individual o que esté vinculada con la identificación del Titular. La consulta se formulará por escrito, a través del medio indicado en el numeral 8, siempre y cuando sea el Titular de los datos o su representante.
10. RECTIFICACIÓN O ACTUALIZACIÓN DE DATOS
Los Titulares, sus causahabientes o representantes que consideren que la información contenida en una base de datos de Ontop debe ser objeto de rectificación o actualización, podrán presentar un reclamo ante Ontop, el cual será tramitado bajo las siguientes reglas:
El reclamo se formulará mediante solicitud dirigida a Ontop, a través del medio indicado en el numeral 8, con la siguiente información:
1. Identificación del Titular.
2. Los datos de contacto para recibir notificaciones.
3. Los documentos que acrediten en debida forma la personería o mandato para actuar, si fuere necesario.
4. La descripción de los hechos que dan lugar al reclamo.
5. La descripción clara y precisa de los datos personales respecto de los cuales el Titular busca la rectificación o actualización.
6. Los documentos que se quieran hacer valer.
11. SUPRESIÓN DE DATOS
Los Titulares, sus causahabientes o representantes podrán solicitar, en todo momento y de forma gratuita, a Ontop, la supresión de sus datos personales cuando:
a) Consideren que los mismos no están siendo tratados conforme a los principios, deberes y obligaciones previstas en la normatividad vigente y en la presente Política.
b) Hayan dejado de ser necesarios o pertinentes para la finalidad para la cual fueron recabados.
c) Se haya superado el periodo necesario para el cumplimiento de los fines para los que fueron recabados.
Esta supresión implica la eliminación total o parcial de la información personal de acuerdo con lo solicitado por los Titulares, sus causahabientes o representantes, en los registros, archivos y bases de datos administrados por Ontop.
El reclamo se formulará mediante solicitud dirigida a Ontop, a través del medio indicado en el numeral 8, con la siguiente información:
1) Identificación del Titular.
2) Los datos de contacto para recibir notificaciones.
3) Los documentos que acrediten en debida forma la personería o mandato para actuar, si fuere necesario.
4) La descripción de los hechos que dan lugar al reclamo.
5) La descripción clara y precisa de los datos personales respecto de los cuales el Titular busca la rectificación o actualización.
6) Los documentos que se quieran hacer valer.
Ahora bien, es importante tener en cuenta que el derecho de cancelación no es absoluto y el Responsable puede negar el ejercicio del mismo cuando:
1) El Titular tenga un deber legal o contractual de permanecer en la base de datos.
2) La eliminación de datos obstaculice actuaciones judiciales o administrativas vinculadas a obligaciones fiscales, la investigación y persecución de delitos o la actualización de sanciones administrativas.
3) Los datos sean necesarios para proteger los intereses jurídicamente tutelados del Titular; para realizar una acción en función del interés público, o para cumplir con una obligación legalmente adquirida por el Titular.
12. REVOCATORIA DE LA AUTORIZACIÓN
Los Titulares, sus causahabientes o sus representantes podrán, en todo momento y de forma gratuita, revocar el consentimiento al Tratamiento de sus datos personales, siempre y cuando no lo impida una disposición legal o contractual.
Para ello, el Titular podrá revocar su consentimiento mediante el mismo medio por el que lo otorgó.
Al respecto, se debe tener en cuenta que existen dos modalidades de revocación del consentimiento: Una de ellas se da sobre la totalidad de las finalidades consentidas y, la otra, se da sobre algunos tipos de tratamiento determinados.
13. DEBERES COMO ENCARGADO DEL TRATAMIENTO
Ontop se encarga directamente del tratamiento y custodia de los Datos Personales captados y almacenados. Sin embargo, se reserva el derecho a delegar en un tercero tal Tratamiento, para lo cual exigirá al Encargado la atención e implementación de las Políticas y procedimientos idóneos para la protección de los datos personales y la estricta confidencialidad de los mismos, de acuerdo con la normatividad vigente.
14. MEDIDAS DE SEGURIDAD ADOPTADAS CON RELACIÓN AL TRATAMIENTO DE DATOS PERSONALES
Ontop adoptará las medidas técnicas, humanas y administrativas necesarias para garantizar la seguridad y confidencialidad de los datos y para evitar su alteración, pérdida, consulta, uso o acceso no autorizado. Los datos personales que el Titular de la información suministre a Ontop bajo cualquier medio, serán administrados de forma confidencial, con las debidas garantías constitucionales, legales y demás normas aplicables a la protección de datos personales.
15. RESPONSABLE DEL TRATAMIENTO DE DATOS PERSONALES
El responsable de la captura, recolección, uso y tratamiento de sus datos personales es la sociedad Ontop Digital Colombia SAS, identificada con el NIT 901.456.887-1, con domicilio en Cr 18 No. 93 A 57, Bogotá, D.C., Colombia, correo electrónico privacy@getontop.com.