Toptal sources and matches the world’s top freelancers (“Freelancers”) in a variety of fields with clients who need the Freelancer’s skills and expertise (“Clients”). Toptal also operates tools across our Sites that support Freelancers and Clients, such as our time tracking tool, TopTracker. Our tools, sourcing and matching service, and other offerings, such as matching Clients with groups of Talent or providing outcomes-based deliverables, are referred as the “Services” for this policy.
Toptal screens Freelancers with skills in areas such as software development, design, finance, product management, and project management to curate a proprietary network of highly skilled Freelancers (the “Network”). We call Freelancers in the Network “Talent” or Top Talent, which is the origin of the name Toptal.
3) Collection and Use of Personal Data
The information we receive and how we use it varies based on our relationship with you. The sections below explain our data practices based on our different relationships with users. Use these links to quickly navigate to the section relevant to you:
- Clients and Prospective Clients;
- Job Applicants;
- Site Visitors;
- Software Users; and
- Event Attendees.
a) Freelancers, Including Talents
i) Information We Collect
1. Information That You Provide to Us
We collect information from applicants and during our screening process we need to evaluate your qualifications such as your language skills, personality, domain-specific knowledge, competence, professionalism, and technical skills. If we admit you as a Talent, we may also collect this information throughout your time in the Network. We may ask you to provide information about yourself, which could include your:
- Contact information;
- Work experience;
- Government-issued identification;
- Social network information; and
- Billing information.
During the screening process or your time as a Talent, we may also record your audio and video calls with us or with Clients to help document your skills or to be used for our quality assurance or training purposes. Toptal provides Talent and our internal team members the use of a toptal.com email address. Toptal stores and processes information sent to and from all toptal.com email addresses.
2. Biometric Data and Retention
We may request that you provide information to verify and confirm your identity. As part of this identity verification, we may ask you to take a photo of yourself and of your government-issued identification through an application on your mobile phone (the “Verification Data”). The Verification Data is provided to our biometric technology service provider (currently, Mitek Systems, Inc. – “Mitek”), who uses facial recognition technology to analyze the geometry of your face through the photographs you provide and extract biometric information or biometric identifiers relating to you (collectively, “Biometric Data”), as well as validate the legitimacy of your government-issued identification to confirm your identity. Mitek sends us scores that indicate whether Mitek was able to verify your identity, a copy of the photo you submitted, and your name from your government-issued identification for reference and fraud investigation purposes pursuant to our legitimate interests. Mitek deletes the copy of your government-issued identification 180 days after Mitek sends us the results of the verification in accordance with our agreement with Mitek.
Mitek also uses the Verification Data to improve the accuracy, reliability, usability, and functionality of its identity verification technology, for fraud prevention and incident investigation efforts.
Mitek does not sell or retain and permanently deletes your Biometric Data after sending us the information on whether your identity and government-issued identification have been verified. As noted above, Toptal does not receive the Biometric Data. In no event does Mitek retain Biometric Data for longer than the purpose described above, or three years from your last interaction with Toptal, whichever is earlier unless required by law.
3. Sharing Your Biometric Data
4. Background Checks
Based on your potential role as a Talent, we may request a background check that will collect additional data about you through a third-party service provider. If applicable to you, your express written consent to the collection of such additional data by the third-party service provider will be solicited at such time, pursuant to applicable laws.
5. Profile Creation
If we select you to be a Talent, we may use some of your Personal Data to enable you to create a profile for us to display within the Services, which may be viewed by Clients seeking Talent. We may also display some of your information on public sections of Toptal.com, marketing materials, and presentations to showcase your skill sets or to demonstrate the value in the Network.
6. Client Feedback
If you become a Talent, Clients you engage with may provide us information about your performance.
7. Information Obtained from Third Parties
We may collect information, such as your name, contact information, address, work experience, and education from publicly available sources, third-party data providers, or services. This includes sources such as professional job boards or social media websites, like LinkedIn. We use this information to supplement the information that you provide us or to assess if you may be a good fit for the Network. We also collect information about you that you provide to our affiliates, such as TopTracker LLC, in relation to the TopTracker application.
8. Automatically Collected Data
When you interact with Toptal through the Site or services, we may automatically collect certain information. Please read the “Site Visitors” section below for more information.
ii) How We Use the Information
1. To Provide the Service and Respond to Requests
We use your Personal Data to process your request to become a Talent and administer our contracts with you and your engagements if you become a member of the Network.
2. For Certain Legitimate Interests
We also may use your Personal Data for certain business interests deemed legitimate under applicable law, including:
- To send you administrative information, for example, information regarding the Site and changes to our terms, conditions, and policies.
- To conduct analytics on how you use the Site and our Service for our internal purposes and to better understand your needs and interests to personalize your experience with our Services.
- To maintain our Services, including our standards of integrity and excellence in our Network.
- To market our Services and showcase Talent to actual and potential Clients.
- To help prevent fraud, criminal activity, and misuses of our products or Services and to ensure the security of our IT systems, architecture, and networks.
- For legal reasons, including to comply with legal obligations and legal processes, such as our compliance with sanctions about specific regions or specifically designated individuals, respond to requests from public and governmental authorities, enforce our agreements, protect our operations, protect our rights, privacy, safety or property, and/or that of you or others, and allow us to pursue available remedies or limit the damages that we may sustain.
- If you ask us to delete your data and we are required to fulfill your request, we will keep basic data to identify you to prevent fraud or further unwanted processing.
3. With Your Consent
We may monitor, record, and transcribe audio or video calls with you during the application process or your time as a Talent. Consenting is voluntary, and you may withdraw your consent at any time. These recordings allow Toptal team members to review applications to the Network, to better review your suitability for a Client engagement, or for internal quality assurance and training purposes. Additionally, we may provide your interviews with Clients for specific engagements to Client stakeholders to review the call.
We may collect your voice, image, in-meeting messages, and any other Personal Data you choose to share during such calls. In addition, other participants in a video conference may be able to view your display name, email address and profile picture. Any third-party software we use for these audio or video calls may also collect and use your Personal Data. Please review the terms of any third-party site for their specific privacy practices.
For individuals in the EU and the UK, please see the EU and UK Individuals section below for information on our legitimate interests and your rights. For individuals that reside in California, please see the California section below for information on your rights.
b) Clients and Prospective Clients
i) Information We Collect
1. Information That You Provide to Us
We collect Personal Data from Clients and Prospective Clients (collectively “Clients”) when a Client visits our Sites and begins to use our Services as well as through requests from a Client to engage our Talent. This information may include, among other kinds of data:
- Contact information;
- Job titles;
- Payment information;
- Location; and
- Company information, including the type of freelancer(s) the Client is looking to engage and other information related to the Client’s needs.
Toptal provides Talent and our internal team members the use of a toptal.com email address. Toptal stores and processes information sent to and from all toptal.com email addresses.
2. Information Obtained from Third Parties
We may collect additional information about you and your company from publicly available or from third-party databases or services that provide information about business contacts and companies (including individuals’ names, job titles, business contact information, and company information).
3. Automatically Collected Data
When you interact with Toptal through the Site or Services, we automatically collect certain information. Please read the “Site Visitors” section below for more information.
ii) How We Use the Information
1. To Provide the Services and Respond to Requests
2. For Marketing Purposes
We may use your contact details to tell you about Services, upcoming events, and other promotions that we believe you will be interested in. If we do so, each marketing communication we send you will contain instructions permitting you to “opt out” of receiving future marketing communications. You cannot opt out of some administrative communications that are reasonably necessary to the Services, such as billing or Service notifications, as those are not considered marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish for us to delete your contact information from our mailing lists, please contact us at email@example.com or at our mailing address in the Contacting Toptal section below.
Where required by applicable law, we will only send you marketing information by email if you consented to our use of your Personal Data for such communications.
3. For Certain Legitimate Interests
We may use your Personal Data for the certain business interests deemed legitimate under applicable law, including:
- To send you administrative information, for example, information regarding the Site and changes to our terms, conditions, and policies.
- To respond to your inquiries and fulfill your requests, such as to send you requested materials, newsletters and information and materials regarding our products and Services.
- To conduct analytics on how you use the Site and our Services for our internal purposes, for example, for maintaining, benchmarking, and improving our offerings, identifying usage trends, and determining the effectiveness of our promotional campaigns, and to inform our marketing strategy and personalize our communications with you.
- To supplement the information that we collected from you with information obtained from third parties (described above) to update, expand, and analyze our records, identify new Clients, and provide products and services that may be of interest to you.
- To prevent fraud, criminal activity, and misuses of our products or services and to ensure the security of our IT systems, architecture, and networks.
- For legal reasons, including to comply with legal obligations and legal process, respond to requests from public and government authorities including public and government authorities outside your country of residence, enforce our agreements with you, protect our operations, protect our rights, privacy, safety or property, and/or that of you or others, and allow us to pursue available remedies or limit the damages that we may sustain.
- If you ask us to delete your data and we are required to fulfill your request, to keep basic data to identify you and to prevent future fraud or further unwanted processing.
4. With Your Consent
We may monitor, record, and transcribe audio or video calls with you during your time as a Client. Consenting is voluntary, and you may withdraw it at any time. These actions allow multiple Toptal team members to review your requirements for sourcing or matching Talent, specifics about a particular engagement, or for internal quality assurance and training purposes. Additionally, your interviews with Talent for specific engagements may be recorded for internal purposes and, upon request, provided to you to review the call.
For individuals in the EU and the UK, please see the “EU and UK Individuals” section below for information on our legitimate interests and your rights. For individuals that reside in California, please see the California section below for information on your rights.
5. Credit Checks
We may request a credit check through a third-party service prior to providing a Client our Service, which will collect additional data about the Client.
c) Job Applicants
i) Information We Collect
1. Application and Assessment Process
When you apply for a position with Toptal, you will provide Personal Data in your application, resume, cover letter, or in other formats. While you may decide what information to include, for instance most applications include your:
- Contact information;
- Recommendation information;
- Employment history;
- Salary history; and
- Salary expectations.
If we invite you to undertake further assessments in connection with your application and you participate in such assessments, we will collect the additional Personal Data that you provide to us as part of that process. If you do not provide us with certain information when requested, it may impact our ability to assess your suitability for a role with us or we may not be able to offer you a position with Toptal. With your prior consent, we may record your audio or video interview(s) to better evaluate your candidacy and for training purposes. Your consent is voluntary, and you may withdraw your consent at any time, including during the interview. If you withdraw your consent or do not consent, it will not impact your candidacy.
Throughout the recruitment process, we may create Personal Data in connection with the assessment of your application, such as through your interviewer’s evaluation of your suitability for the role(s) that you applied for.
2. If Your Application is Successful
If your application is successful, we may collect further Personal Data about you in connection with conducting reference and background checks where required and permitted by applicable law, including, if applicable to you, special categories of Personal Data, which we will solicit your consent to collect at the time. We may also collect copies of relevant identification documents from you, such as your passport or driving license, proof of address, a copy of your work permit, a photograph, and a copy of your signature through your executed acceptance.
Please see the “Region Specific Information” section below for information on your rights in relation to the Personal Data we hold about you.
3. Automatically Collected Data
When you interact with Toptal through our Site in relation to your application, we automatically collect certain information. Please read the “Site Visitors” section below for more information.
ii) How We Use Your Information
We have a legitimate interest in:
- Facilitating the interview process with you;
- Offering you roles to work for us;
- Making informed recruitment decisions;
- Selecting suitable candidates for roles with us;
- Improving our recruiting and hiring processes;
- Informing you of current and future career opportunities;
- Complying with immigration requirements;
- Verifying your identity for our own internal security purposes; and
- Complying with our legal obligations and for the performance of your contract with us.
If you are engaged to work for Toptal, your Personal Data will be used as part of your team member record under our team member privacy policies and may be shared with third-party service providers assisting us in completing our obligations to you, such as payroll providers.
d) Site Visitors
As a Site Visitor, our servers record information (“log data”), including information that your browser automatically sends whenever you visit the Site. This log data includes your Internet Protocol (“IP”) address from which we understand the country you are connecting from at the time you visit the Site, browser type and settings, and the date and time of your request.
We use this automatically collected data for our legitimate interests in maintaining the safe operation of our Site, maintaining our legal obligations and our legitimate interest in learning how Site visitors interact with our Site to improve your use of the Site.
e) Software Users
Toptal offers and maintains a variety of software for Freelancers and Clients to use, including:
When you use Toptal software, we collect account level data, including your name, email, and password, to facilitate your access, storage of historical data, and operation of software. If you create an account by using credentials from a third-party service or sign-in services such as your Google account, these services will authenticate your identity and provide you with the option to share certain Personal Data, such as name and email address(es), with us. Use of account level data is necessary to perform a contract with us in relation to your use of the software or it is in our legitimate interest to respond to your requests and ensure we provide our Services in the best way that we can.
When you use Toptal software, we may collect usage statistics for analytics and to support and troubleshoot the software to provide a better user experience. We have a legitimate interest in conducting usage statistics to ensure our software is working as intended and to make improvements to our Services. We use service providers to assist in authentication of users and cloud hosting the storage and retrieval of screenshots.
f) Event Attendees
We may collect Personal Data from you when you attend one of our events, for instance at business conferences and trade shows. The data we collect includes information that you voluntarily give to us directly or through granting access to your Personal Data through the event, such as contact details on a business card. We will use this information to develop a potential business relationship with you including marketing our Services to you consistent with the purpose for which you gave the information.
Where required by applicable law, we will ask your consent before or when sending you marketing information by email. When you provide us with your consent to be contacted for marketing purposes, you have the right to withdraw your consent at any time by following the instructions to “opt-out” of receiving marketing communication in each marketing email we send you or by contacting us at firstname.lastname@example.org or by mail at the address in the Contacting Toptal section below.
4) Disclosing Your Personal Data
Toptal is not in the business of selling your information. We consider information about you and our interactions to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties, as explained below:
1. Business Transfers
As we develop our business, we might acquire businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
2. Agents, Consultants and Other Service Providers
Toptal, like many businesses, hires third parties to perform certain business-related functions. These third parties include website analytics companies, providers of digital advertising services, our hosting and cloud computing service providers, providers of customer relationship management software, marketing and sales software solutions, providers of billing and processing payments functions and providers of background check services. When we engage another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. Pursuant to our instructions, these parties may access, process, or store Personal Data in the course of performing their duties to us and solely in order to perform the services we hired them to provide.
3. Legal Requirements
Toptal may disclose your Personal Data if required to do so by law, for example, as part of our compliance with sanctions about specific regions and specifically designated individuals, or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Toptal, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
5) Data Retention
Our policy is to keep your Personal Data only for as long as is reasonably necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. If you elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.
To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.
6) Region Specific Information
You may be able to exercise certain rights and access certain information depending on your location. Please review the following sections for more details. You can reach out to email@example.com with questions about your information.
a) EU and UK Individuals
(2) Data Controller
Toptal is the data controller for processing your Personal Data. The data controller is responsible for deciding how Personal Data about you is used. Please contact us with any questions at firstname.lastname@example.org or at the address provided in the Contacting Toptal section below, which also provides the contact details of our representative in the EU and the UK for purposes of the General Data Protection Regulation and the United Kingdom’s Data Protection Act 2018.
(3) Your Rights
Subject to applicable EU and UK law and where possible, you have the following rights in relation to your Personal Data:
- Right of access. You may ask us to confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. This may include the purposes of the processing, the categories of Personal Data, the recipients of the Personal Data, the right to lodge a complaint, and available information on the source of the Personal Data. If you require additional copies, we may charge a reasonable fee.
- Right to rectification. If your Personal Data is inaccurate or incomplete, you may ask that we erase, amend, or rectify it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, we will also tell you with whom we shared your Personal Data so you can contact them directly.
- Right to erasure. You may ask us to delete or remove your Personal Data in certain circumstances, such as where our processing is based on your consent. We may retain certain information consistent with applicable law, such as to prevent fraud, or where we have a compelling legitimate ground to do so. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, we will also tell you with whom we shared your Personal Data with so you can contact them directly.
- Right to restrict processing. You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances. We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, we will also tell you with whom we shared your Personal Data so you can contact them directly.
- Right to data portability. You may ask to obtain the Personal Data that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Data in a structured, commonly used, and machine-readable format.
- Right to object. You may ask us at any time to stop processing your Personal Data, and we will do so unless we have a compelling legitimate ground for the processing. We will comply with requests to stop processing your Personal Data as your requests apply to direct marketing.
- Rights in relation to automated decision-making and profiling. You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, which produce a significant legal effect on you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us, or with your explicit consent. We use automated decision-making to ensure that we comply with various laws and regulations restricting what regions, individuals, and entities we are able to work with. We also use automated decision-making to ensure applications from Freelancers and Job Applicants meet our minimum necessary requirements. You may contact us at email@example.com to obtain an explanation of the decision or for a personal review, if possible.
- Right to withdraw consent. If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time, but this will not affect any data that we already processed.
- Right to lodge a complaint with the data protection authority. If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.
You may exercise your rights by contacting us as indicated under the “Contacting Toptal” section below.
(4) Legitimate Interest
(5) Data Transfers
During the last twelve-month period, we disclosed for business purposes the following categories of Personal Data:
- Identifiers (i.e., names, email addresses, or online identifiers and IP addresses).
- Biometric information (i.e., video and voice recordings).
- Internet activity (i.e., information regarding your interaction with our websites or advertisements).
- Geolocation data (i.e., information regarding where you access our site from).
- Professional or employment information (i.e., job title, employer, or prior titles and employers).
For information about who we may share or disclose your Personal Data to, please review the relevant information in the above Freelancers, Clients, Job Applicants, or Site Visitors sections.
Your rights under the CCPA include the following, which you may execute by contacting us at firstname.lastname@example.org where possible and allowed by law:
- Right to request deletion of your Personal Data. You may ask us to delete or remove your Personal Data. If we shared your Personal Data with others, we will tell them about the deletion where possible. If you ask us, we will also tell you with whom we shared your Personal Data with so you can contact them directly.
- Right to request Toptal correct inaccurate Personal Data. If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, we will also tell you with whom we shared your Personal Data so you can contact them directly.
- Right to know what Personal Data is sold or shared and with whom. Toptal is not in the business of selling your Personal Data. You may ask us to clarify what Personal Data, if any, is shared and with whom we share it, along with certain additional details.
Right to opt out of sale or sharing of Personal Data for behavioral advertising and right to not be retaliated against for opting out. If you would like to opt out of Toptal sharing your Personal Data with third parties for cross-context behavioral advertising, you have the right to do so. To opt out:
- Email your request to email@example.com; and
- If you block cookies, we may be unable to comply with your opt out request with respect to device data that we automatically collect and disclose to third parties online using cookies, pixels, and other tracking technologies. If you clear your cookies, you may need to disable the use of all advertising cookies again.
- Right to access your Personal Data. If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may charge a reasonable fee.
- Shine the Light Requests. You may also request that we provide you with a list of the categories of Personal Data, if any, that we disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and the identity of those third parties.
- Right to Non-Discrimination. Toptal will not discriminate against you if you exercise any of your rights under the CCPA.
If you would like to exercise your rights or have questions about your rights or information, please contact us at firstname.lastname@example.org or at the post addresses included in the Contacting Toptal section below.
7) Your Choices
You can use the Sites without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.
10) Links to Other Websites
Toptal takes reasonable and appropriate steps to protect the Personal Data provided via the Sites or the services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.
12) Other Terms and Conditions
Your access to and use of toptal.com is subject to our Website Terms & Conditions. Your access to and use of other Sites may be subject to different terms and conditions. Please review those Sites for more information.
14) Contacting Toptal
2810 N. Church St #36879
Wilmington, DE 19802-4447
If you are an individual in the EU or UK, you can also contact VeraSafe, who we appointed as Toptal’s representative in the EU and UK for data protection matters, pursuant to Article 27 of the EU General Data Protection Regulation and the UK General Data Protection Regulation. You may contact VeraSafe directly about the processing of your Personal Data by using this contact form. Alternatively, you can contact VeraSafe at:
VeraSafe Ireland Ltd
Unit 3D North Point House
North Point Business Park
New Mallow Road
VeraSafe United Kingdom Ltd.
37 Albert Embankment
London SE1 7TL
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