Terms, privacy and cookies

1. Who we are

The website topofmind.me is operated by TOM BUREAU S.R.L. (brand: Top of Mind), a Romanian company with its registered office at Str. Principală nr. 533, sat Bogata, jud. Mureș, România, tax ID (CUI) 54043345, trade register no. J2026012046007. The company is not registered for VAT. We work from Cluj-Napoca.

Contact: iulian@topofmind.me, phone/WhatsApp 0756 883 206.

2. Purpose of the site

The site presents Top of Mind, a research-first marketing studio for small and medium businesses (Meta Ads, Google Ads, websites, tracking and analytics, Research Sprint). It is for information only. Nothing on the site is a binding offer, a quote or professional advice for your specific situation.

We work with businesses (B2B). Any collaboration starts only with a written proposal and a signed contract. If something on the site differs from the proposal or the contract, the proposal and the contract prevail.

The site does not sell anything online, has no user accounts, no payments and no contact form.

3. The free 30-minute call

You can book a free 30-minute call through Calendly. The call is non-binding for both sides: it does not create a contract, an exclusivity or any obligation to buy. We may decline a booking or reschedule it for good reason. Personal data processed for the booking is described in the Privacy policy.

4. Intellectual property

The texts, design, graphics, logo, code and other content of the site belong to TOM BUREAU S.R.L. or are used with permission of their owners. Third-party names and logos (for example Meta, Google, Calendly) belong to their respective owners.

You may view the site and share links to it. You may not copy, republish, sell or adapt its content without our prior written consent, except where the law allows it (for example short quotations with the source indicated).

5. Acceptable use

When you use the site, you agree not to:

• attempt to gain unauthorised access to the site, its servers or other users' data;
• overload, scrape at scale or otherwise disrupt the site;
• introduce malware or any harmful code;
• use the site for unlawful purposes or to harass or mislead others, including by impersonating us.

6. External links

The site links to third-party services such as Calendly, WhatsApp, Facebook and Instagram. We do not control these services and are not responsible for their content, availability or data practices. Their own terms and privacy policies apply once you leave our site.

7. No guarantee of results

Marketing results depend on many factors outside our control: the market, competition, your offer, budget, seasonality, platform rules and algorithm changes (Meta, Google and others). Examples, figures or approaches shown on the site are illustrative and are not a promise of any specific number of leads, sales, rankings or return on investment.

What we commit to for paying clients is set out in the proposal and contract.

8. Limitation of liability

We try to keep the site accurate and available, but we provide it as is, without a guarantee that it is error-free or uninterrupted. To the extent permitted by law, TOM BUREAU S.R.L. is not liable for indirect or consequential losses (such as lost profit or lost opportunities) arising from the use of the site or from decisions taken solely on the basis of its content.

Nothing in these terms limits liability that cannot be limited by law, such as liability for intent or gross negligence, or your mandatory rights as a consumer.

9. Governing law and disputes

These terms are governed by Romanian law. If a disagreement arises, we will first try to solve it amicably: write to iulian@topofmind.me and we will answer within a reasonable time. If that fails, the competent courts of Cluj-Napoca have jurisdiction, unless mandatory law gives you the right to go to another court.

Information for consumers: our services are aimed at businesses, but if you act as a consumer you may use alternative dispute resolution (SAL) through ANPC: https://anpc.ro/ce-este-sal/. The EU Online Dispute Resolution (ODR) platform was closed on 20 July 2025 under Regulation (EU) 2024/3228, so it is no longer available.

10. Changes to these terms

We may update these terms, for example when the site or the law changes. The current version is always on this page, with the date of the last update at the top. By continuing to use the site after an update you accept the new version. Contracts already signed are not affected by changes to these terms.

1. Data controller

The controller is TOM BUREAU S.R.L., CUI 54043345, trade register no. J2026012046007, registered office at Str. Principală nr. 533, sat Bogata, jud. Mureș, România. Contact for any privacy matter: iulian@topofmind.me or 0756 883 206. We have not appointed a Data Protection Officer, as the law does not require it for our activity.

2. What data we process and why

The table below describes each situation in which we may handle your data.

• Booking a call (Calendly): name, email address, any answers or notes you type in the booking form, time zone and the chosen slot, plus UTM parameters in the link that show which page or button you came from. Purpose: to arrange and hold the call. Legal basis: steps taken at your request before a contract (art. 6(1)(b) GDPR) and our legitimate interest in answering enquiries (art. 6(1)(f)).
• Quiz on the /landing page: your answers stay in your browser and are not sent to us. The quiz ends with a link to Calendly, where the booking rules above apply.
• Email and WhatsApp: if you write to us, we process your contact details, the content of your messages and any information you choose to share (WhatsApp is operated by Meta). Purpose: to reply and, where relevant, prepare a proposal. Legal basis: art. 6(1)(b) and (f) GDPR.
• Hosting and security (Vercel): server logs such as IP address, browser/user agent, requested page and time, and anonymous performance metrics from Vercel Speed Insights (no cookies). Purpose: to deliver the site, keep it secure and measure speed. Legal basis: legitimate interest (art. 6(1)(f) GDPR).
• Meta Pixel (Meta Platforms Ireland Ltd.): only if you consent to the Marketing category. It records events (PageView, ViewContent, Lead when you click WhatsApp or email on the contact page, Schedule when you book via Calendly) and uses cookies such as _fbp. Purpose: measuring and optimising our own advertising. Legal basis: consent (art. 6(1)(a) GDPR; art. 4 of Law 506/2004).
• Microsoft Clarity (Microsoft): only if you consent to the Statistics category. It creates session recordings and heatmaps (clicks, scrolling, navigation) to show us how the site is used. Your consent is passed on to Clarity through its consent API. Purpose: improving the site. Legal basis: consent (art. 6(1)(a) GDPR).
• Your cookie choices: we store your choice locally (see the Cookie policy) so we do not ask you again. Legal basis: legal obligation and legitimate interest in proving that consent was handled correctly.
• Contracts and accounting: if you become a client, we process the data needed for the contract, invoicing and tax obligations. This is governed by the separate contract and, for accounting records, by art. 6(1)(b) and (c) GDPR.

We do not use your data for automated decisions with legal effects and we do not sell personal data.

3. Who receives your data

We share data only with providers that help us run the site and the business, and with authorities when the law requires it:

• Calendly LLC (USA), scheduling;
• Vercel Inc. (USA), hosting and Speed Insights;
• Meta Platforms Ireland Ltd. (Meta Pixel, WhatsApp, Facebook and Instagram), only as described above;
• Microsoft (Clarity), only after consent;
• our email provider Zoho Mail (Zoho Corporation B.V., EU data centre), accountant and legal advisers, where needed.

Some of these providers act as our processors; others (for example Meta for its own purposes) act as independent controllers under their own policies.

4. Transfers outside the EEA

Calendly, Vercel, Microsoft and, in part, Meta are based in or use infrastructure in the United States. Transfers rely on the EU-US Data Privacy Framework where the provider is certified, or on the European Commission's Standard Contractual Clauses together with additional safeguards. You can ask us for details on the safeguards used.

5. How long we keep data

• Correspondence and booking details of prospects (no contract): up to 2 years from the last contact, then deleted.
• Contracts, invoices and accounting documents: 10 years, as required by Romanian accounting law.
• Record of your cookie choice: until you change or withdraw it, or until you clear your browser storage.
• Server logs at Vercel: for a short period (at most 30 days), according to the provider's settings.
• Meta Pixel and Clarity data: for the periods set by those providers and the cookie durations in the Cookie policy; Clarity recordings are kept for 30 days (recordings we mark as favourites and heatmaps: up to 13 months).
• Calendly data: while our Calendly account is active, and at most 2 years after the call, and according to Calendly's policy.

We may keep data longer where needed to defend a legal claim or comply with a legal obligation.

6. Your rights

Under articles 15 to 22 GDPR you have the right to:

• access your data and get a copy (art. 15);
• have inaccurate data corrected (art. 16);
• have your data erased, where the conditions are met (art. 17);
• restrict processing (art. 18);
• receive your data in a portable format (art. 20);
• object to processing based on legitimate interest (art. 21);
• not be subject to purely automated decisions with significant effects (art. 22);
• withdraw consent at any time, without affecting the processing done before (art. 7(3)).

To exercise your rights, write to iulian@topofmind.me. We answer within one month, and we may ask you to confirm your identity. You can withdraw cookie consent yourself from the Cookie settings link in the footer.

7. Complaints

If you think we handle your data unlawfully, please contact us first so we can fix it. You also have the right to lodge a complaint with the Romanian data protection authority (ANSPDCP): www.dataprotection.ro, B-dul G-ral. Gheorghe Magheru 28-30, Sector 1, București, or to go to court.

8. Security

We use reasonable technical and organisational measures: encrypted connections (HTTPS), access limited to the people who need it, reputable providers, and no unnecessary data collection. No system is completely risk-free. In case of a breach that affects your rights we will notify ANSPDCP and, where required, you, as the GDPR provides.

9. Children

The site is aimed at businesses and is not intended for persons under 16. We do not knowingly collect data from children. If you believe a child has sent us data, write to us and we will delete it.

10. Changes

We update this policy when our practices or the law change. The current version is always on this page, with the date of the last update at the top.

1. What are cookies

Cookies are small text files stored on your device by the websites you visit. We also use similar technologies, such as the browser's localStorage and sessionStorage. For simplicity, we call all of them cookies in this policy.

2. Categories we use

• Necessary: needed for the site to work and to remember your choices (language, cookie consent). They do not require consent.
• Statistics: Microsoft Clarity, which shows us how visitors use the site. Only with your consent.
• Marketing: Meta Pixel, which helps us measure and optimise our advertising. Only with your consent.

3. List of cookies and storage items

Format: name | provider | purpose | duration | category.

• tom-consent | topofmind.me (localStorage) | stores your cookie choice | until you change it or clear browser data | Necessary
• lang | topofmind.me (cookie) | remembers your language choice (English or Romanian) | 1 year | Necessary / functional
• scroll position key | topofmind.me (sessionStorage) | keeps your place on the page when you switch language | until you close the tab | Necessary
• _fbp (and related Meta cookies) | Meta Platforms Ireland Ltd. | identifies the browser to measure ad performance | up to 90 days | Marketing (only after consent)
• _clck | Microsoft Clarity | stores the Clarity user ID and settings | up to 1 year | Statistics (only after consent)
• _clsk | Microsoft Clarity | links page views into one session recording | 1 day | Statistics (only after consent)
• CLID | Microsoft Clarity | identifies the first Clarity session of the browser | up to 1 year | Statistics (only after consent)

Durations for third-party cookies are set by the providers and may change; check their policies for the latest values. Vercel Speed Insights collects anonymous performance metrics and does not use cookies. Calendly may set its own cookies inside its booking popup or on its website; they are governed by Calendly's own cookie policy (calendly.com/legal/cookie-notice).

4. Your consent

When you first visit, a banner lets you choose Accept all, Necessary only, or Customise by category. Meta Pixel and Microsoft Clarity do not run until you agree to their category. Your choice is saved in the tom-consent item. Not agreeing has no effect on your access to the site.

5. Change or withdraw your consent

You can reopen the banner at any time with the Cookie settings link in the footer and change or withdraw your choice. Withdrawal is as easy as giving consent. When you withdraw, we stop the related tools; cookies already stored may remain on your device until they expire, and you can delete them in your browser.

6. Managing cookies in your browser

You can also block or delete cookies in your browser settings (Chrome, Firefox, Safari, Edge). If you block necessary cookies, the site may not remember your language or your consent choice, so the banner may appear again.

7. Third-party tools

Meta Pixel (Meta Platforms Ireland Ltd.) records the events PageView, ViewContent, Lead (when you click WhatsApp or email on the contact page) and Schedule (when you book through Calendly). Microsoft Clarity records sessions and heatmaps and receives your consent signal through its consent API. These providers may process data in the United States; see the Privacy policy, section on transfers. Their policies: https://www.facebook.com/privacy/policy and https://privacy.microsoft.com/privacystatement.

8. Changes and contact

If we add or remove cookies, we update this page and, where needed, ask for your consent again. Questions: iulian@topofmind.me. More about how we handle personal data is in the Privacy policy.