Berkshire Receptionists, a Berkshire USA LLC (“BUSA,” “we,” “us,” “our”) company, values privacy, and we want you (“user,” “you”) to have the information you need to make your own decisions about your privacy.
Please note that the website, Berkshirereceptionists.com (referred to herein as the “site”), contains links to other sites. Unless otherwise stated, the collection and use of your Personal Information, as defined below, on other sites, not owned or controlled by BUSA, even if linked to berkshirereceptionists.com, are not governed by this Notice. Your use of a third-party website is governed by that site’s privacy notice and BUSA has no control over those privacy practices. In addition, the BUSA site is not intended for children under the age of 16, and BUSA does not knowingly collect or use Personal Information from children under the age of 16. If you are under 16 years old, you may not use the site.
Please also note that BUSA complies with the California Consumer Privacy Act of 2018 (“CCPA”), data privacy laws enacted in the states of Nevada and Virginia, the European Union’s General Data Protection Regulations (“GDPR”) and Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”).
In addition, this Notice only applies to information that can be used to identify a specific individual (“Personal Information”) and which we collect through various channels, both online and offline, in the context of our sales and marketing activities and our service offerings (“Service Offerings”). This Notice also tells you how we verify the accuracy of your Personal Information and how you can request that we delete or update it. More specifically, and as used in this Privacy Notice, Personal Information means information that can, or is likely to identify a particular individual because it relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, to that particular individual consumer, including, among other things:
- Identifiers (e.g., name, address, telephone number, email address, username);
- Sensitive Personal Information (e.g., state identification number, financial information);
- Classification information (e.g., race, citizenship, marital status, medical condition, sex, sexual orientation, veteran or military status);
- Internet or other similar activity (e.g., geolocation, browsing history);
- Employment-related information (e.g., current or past employment); and
- Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies).
Personal Information does not include (i) publicly available information (ii) aggregate information, meaning data about a group or category of services or users from which individual identities and other Personal Information has been removed; or (iii) de-identified information that cannot be easily linked back to an individual or that does not identify any specific individual; (iv) information that does not identify a particular individual; or (v) any information for which you expressly waive the right to maintain the personal information as private.
By visiting the site, interacting with us online or at events, or downloading or using any of our Service Offerings, you consent to this Privacy Notice and the collection and use of information as described herein. If you do not agree with this Privacy Notice, do not access or use the site or our Service Offerings. We follow privacy laws and regulations that are applicable to our company and our services in the areas where we do business.
Please read the following to learn more about our privacy practices before providing us with any Personal Information. If you have questions about this Notice, please e-mail us at email@example.com.
TYPES OF PERSONAL INFORMATION WE COLLECT
1. BUSA Website
There are two ways in which we collect your Personal Information for uses related to our marketing activities.
Information You Provide
When you access, use and/or interact with us through any of the channels detailed below, or in connection with activities that require sign-in or subscription, we collect business information and Personal Information you voluntarily provide us. This includes but is not limited to:
- information about you in the context of your professional activities, such as your name, professional business address, professional email address, and professional telephone number;
- information about your company such as the name, size and location, as well as your role within the company; and
- your login credentials for the site.
Providing this information is completely voluntary. Though you will still have access, to the site without providing the requested Personal Information, you may not be able to use certain services or features that require such information to function.
Below is a list of the ways in which you may interact with us. This list contains examples only and is not unlimited.
- accessing and use of our site;
- completion and submission of online (registration) forms (such as events, webinars, webinar recordings, asset downloads) as part of joint marketing activities with business partners;
- completion of lead sheets or other similar forms at events (either in paper format or electronically);
- providing us with your business card or badge in attendance at an BUSA hosted event or visiting an BUSA booth at a trade show, industry or association event;
- sales inquiries which you initiate (online chat, or dedicated online “contact-us” form);
- sales (cold or warm calls) and information you provide during phone calls with sales representatives;
- subscription to any of our marketing communications;
- completion of BUSA questionnaires and surveys;
- participation in any BUSA sweepstakes and contests; and
- other conversation data triggered by, or resulting from the above direct interactions (such as follow-up calls and emails, thank-you emails, confirmation emails and the like).
Information We Automatically Collect
Collecting this information enables us to better understand the visitors who come to our site, where they come from, and what content on our site is, or may be, of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our site and our Service Offerings to our visitors.
Information Collected Through Third Party Sources
We also obtain Personal Information about you from third party sources as permitted by applicable law, such as:
- information collected by our marketing service providers on our behalf, which include a variety of marketing lead generation and content syndication service providers, marketing opt-out lists and/or professional event organizers;
- information shared with us by our business partners as part of their referral activities; and
- public databases or other data you may have made publicly available, such as social media posts on professional networks and social media platforms.
2. BUSA Service Offerings
BUSA facilitates the transfer of information for our customers in connection with our Service Offerings. All BUSA customers have individual users and/or individual employees and/or customers. BUSA has no direct relationship with the individual users and/or individual employees of our customers. As a result, the type of information that is received and processed by BUSA’s Service Offerings is at the sole discretion of our customers. BUSA customers may or will request, require or encourage their individual users and/or individual employees and/or customers information to provide BUSA with the user, employee or customer (of the customers) Personal Information. In all such cases, the individual users and/or individual employees and/or customers of BUSAs customer’s are voluntarily providing their Personal Information to BUSA. BUSA will then use this Personal Information in providing our Service Offerings.
By way of example, BUSA’s customers may create and/or add individual profiles within BUSA’s Service Offerings. In such cases, BUSA’s customer will voluntarily provide that employees Personal Information to BUSA and that Personal Information may be stored or maintained by BUSA as part of the Service Offerings. While BUSA may store the employee’s personal information, the BUSA customer have the control to access, modify or remove such Personal Information. BUSA will only utilize such Personal Information as permitted by this Notice.
Service Offerings that you use may allow you to store Personal Information owned by you or owned by your individual users, employees and/or customers. These Service Offering may also allow you to set up an account and/or an individual profile. While BUSA may store with one or more of its Service Offerings Personal Information and other data that you and/or your individual users, employees and/or customers provide either directly to you or provide to BUSA, all such Personal Information and data is owned by you or by your individual users, employees and/or customers. BUSA will not provide any of your or your individual users, employees and/or customers’ Personal Information or data to any third party absent a subpoena or court order requiring disclosure of same. BUSA may disclose your Personal Information or your individual users, employees and/or customers’ Personal Information pursuant to a subpoena, an order from a court of competent jurisdiction or formal request from a law enforcement or a governmental agency.
Personal Information may also be collected by us if you participate in a phone call or online chat with a member of our technical support and/or sales teams. We may record the call and/or otherwise preserve the communication. We engage in call recording and communication preservation for purposes of quality monitoring, troubleshooting, training, to improve our Service Offerings, and for other internal business purposes. You will be notified if your call is being recorded. By staying on the line after receiving the notification, you consent to the call recording. If you do not consent to call recording, you may end the call.
HOW WE USE PERSONAL INFORMATION & THE BASIS FOR PROCESSING
Unless otherwise provided, we will only use and share your Personal Information as described in this Notice. For Personal Information that you are asked to provide, the reasons why you are asked to provide it will be made clear to you at the time of request.
1. We Will Use and Process Personal Information:
- Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with: the terms of service of our website which you accept by browsing the site; and/or our contract to provide any of our Service Offerings to you;
- Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our site, products, or applications; operate our business and provide our Service Offerings; ensure safe environments for our staff and other users; make and receive payments; comply with legal requirements and defend our legal rights; prevent fraud; and generally enhance and improve the Service Offerings;
- Where you have consented to our processing and/or use of your Personal Information for a particular purpose; and
- Where we are required or permitted to process or use your Personal Information under applicable EEA Member State law.
More generally, we only collect your Personal Information (i) when applicable, with your consent, (ii) in our role as a service provider, (iii) if we have a legitimate interest in doing so, or (iv) as authorized or required by law. The types of Personal Information we collect about you and the manner of collection depends on how you interact with us. However, we only collect Personal Information as in our view is reasonable and necessary for the above stated purposes.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us via firstname.lastname@example.org.
2. Purposes of Processing
The processing of your Personal Information is based on the country’s and/or state’s law where you reside (as determined by your country and/or state selection at the time of registration) and your underlying preferences are stored and exchanged between BUSA’s group entities as necessary to ensure compliance.
We use and process Personal Information for the following business purposes:
Customer Service & Marketing:
- Based upon the information you provide us at the time of account registration or purchase, we will send you a confirmation email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your BUSA account. We will communicate with you by email or telephone, in accordance with your preferences;
- To accommodate your special requirements: In connection with the registration for and providing access to an event, conference or seminar we may ask for information about your health for the purpose of identifying and being considerate of individuals with disabilities or special dietary requirements throughout the event. Any such use of information is based on your consent which shall be collected upon your registration to the event, conference or seminar.
- To provide you with requested marketing related products. Specifically, if you engage in marketing activities with us, we will use the Personal Information you provide us to allow you access to the requested marketing products, such as through a registration to an event or access to webinars, newsletters or other marketing assets. We may also engage with you through other channels such as chat-functionalities or other web appearances. We may also confirm your preferences via email or through our preference center and send you information about new products, events and services. For example, we may inform you, where permitted in accordance with applicable laws, about marketing products or services (including webinars, seminars, conferences or events) which are similar or relate to such products and services you have already engaged in with BUSA.
- We use your Personal Information collected through marketing channels to (i) keep you up to date on the latest product announcements, product updates, unique offers, and other information regarding BUSA products and services (including marketing-related information or newsletters) as well as events of BUSA and partners’ offer and (ii) display relevant content on our channels and provide a personalized experience and implement the preferences you request.
- We will occasionally send you information on products, services, special promotions, contests, customer satisfaction surveys, events, and opportunities to interact with BUSA. We will ask for your consent before sending these communications if your local laws require this. You can sign up to receive these emails and social media campaigns. You have the option to opt-out of these types of communications at any time. Out of respect for your privacy, we present the option NOT to receive these types of communications. Please see the “Your Choices” section below for more details on how to unsubscribe or opt out of these communications.
Service Improvement & Business Operations:
- We use the Personal Information we collect for various business operations such as: detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; maintaining your accounts; and debugging to identify and repair errors that impair the site and any of our Service Offerings;
- To operate and improve our marketing channels and services, to keep you up to date on such channels and services, and to follow-up on a referral or request your feedback. These activities may include inviting you to participate in questionnaires and surveys. If Personal Information is included in questionnaires and surveys, we may use such Personal Information for marketing research and to improve our products and services;
- Collection of Personal Information enables us to better understand the users who utilize our Service Offerings. We use this information for our internal analytics purposes and to improve the quality of our Service Offerings.
- Recording of calls and chats for quality improvement purposes: in case of telephone calls or chat sessions, we may record such calls (after informing you accordingly during that call and before the recording starts) or chat sessions to improve the quality of our services. For example,
- when you have attended a webinar, seminar or event of BUSA, we may contact you for feedback regarding the improvement of the relevant webinar, seminar, event, good or service.
- We will send you service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email, push notification, or an in application or web-based communication. Generally, you may not opt out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account by emailing us. Please note that even if you unsubscribe from promotional email messages, we may still need to contact you with transactional information related to the products and services you have ordered or specifically requested via any of the channels.
3. How We Share Your Personal Information
BUSA Service Providers: We rely on service providers to perform a variety of services on our behalf. In so doing, we may need to share your Personal Information with them. Please note that we only provide our service providers with the Personal Information they need to perform their services and we require that they protect this information and not use it for any other purpose. These service providers are also not permitted to use your Personal Information for their own promotional or business purposes.
Business Partners: We may share your business contact information with our trusted business partners with whom we have a strategic partnership, or our investors. We do not otherwise sell or rent information about you or your use of this site to other companies.
Third-Party Sponsors: Please also note that our sponsors, co-sponsors and/or exhibitors may directly request your information at their conference booths or presentations. You should review their privacy policies to learn how they use Personal Information.
Business Transactions: Your information may also be transferred to another company in connection with a corporate transaction, such as a divestiture, merger, acquisition, consolidation, or asset sale (or the negotiation thereof) of a substantial amount or all of the assets of BUSA, or in the unlikely event of bankruptcy. We may assign or transfer your information as part of the transaction.
Affiliates. We disclose the information we collect from you to our affiliates or subsidiaries. If we do disclose your Personal Information to our affiliates or subsidiaries, their use and disclosure of your Personal Information will be subject to this Privacy Notice.
Legal Compliance: In addition, BUSA may use or disclose any information available to it, if required to do so by law, or if necessary to conform with the requirements of the law or to comply with legal process served upon us, to protect or defend our legal rights, or to investigate, prevent, or take legal action regarding suspected fraud, threats to physical safety, or other illegal activity.
Aggregated and Deidentified Information. We reserve the right to share aggregated, anonymized, or deidentified information about any individuals with nonaffiliated entities for marketing, advertising, research or other purposes, without restriction.
4. International Data Transfers
BUSA operates primarily in the United States and as a result, we, and/or our service providers that perform services on our behalf, may collect, process, and store your information in the United States and in other locations, including locations outside of the United States. By using the services, you acknowledge this, and understand that you may provide information, including Personal Information to BUSA employees, agents or representatives located in countries other than the U.S. Provided it is not otherwise prohibited by law, your Personal Information might be received in, transferred to, and processed in, countries other than the country in which you are resident. By providing Personal Information to BUSA or its employees, agents or representatives you consent to the above. If your individual users, employees and/or customers provide Personal Information to BUSA or its employees, agents or representatives each such individual also consents to the above.
If you or your individual users, employees and/or customers visit the site or use our Service Offerings from outside of the United States, Personal Information we collect about you or your individual users, employees and/or customers will be transferred to our servers in the United States and maintained there indefinitely. This may require the transfer of your Personal Information or the Personal Information of your individual users, employees and/or customers, out of your country of origin with laws governing data collection and use that may differ from or be more restrictive than U.S. law, or may result in governments, courts, law enforcement or regulatory agencies having access to or obtaining disclosure of your Personal Information or the Personal Information of your individual users, employees and/or customers pursuant to the laws of the applicable foreign jurisdiction. By allowing us to collect Personal Information about you and/or about your individual users, employees and/or customers, you and each of them consents to the transfer and processing of the Personal Information as described in this paragraph.
BUSA shares data with other entities, such as Shooster Holdings Corporation, within the BUSA group. We have steps to comply with all with European Union data protection laws requiring all groups of companies to protect Personal Information they process from the EEA, including appropriate safeguards to require that your Personal Information will remain protected in accordance with this Notice when we share your Personal Information with third parties (as detailed above under “Sharing Your Personal Information”). These safeguards include transferring your Personal Information to third parties who are located in a country which the European Commission has determined has data protection laws that are at least as protective as those in Europe in order to ensure that your Personal Information is subject to a level of data protection which applies in Europe. For more information about these safeguards, please contact us at email@example.com.
You agree to indemnify, defend and hold harmless BUSA, our affiliates and our licensors, as well as the respective officers, directors, affiliates, employees, representatives or agents of ours or any such entities, from and against all losses, expenses, damages and costs, including reasonable attorneys’ and experts’ fees, arising from or related any claims made related to your use of the site or the Service Offerings or the use of the site or the Service Offerings by any of your individual users, employees and/or customers unless BUSA has failed to comply with this Notice. These indemnity obligations will survive termination of your relationship with us or your cessation of use of the site or the Service Offerings and survive termination of your individual users, employees and/or customers use of the site or the Service Offerings. BUSA reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. If asked to do so, you agree that you will not attempt to access the site or the Service Offerings. Your obligation of indemnification herein shall survive termination or expiration of this Notice.
CUSTOMER SERVICE AND RECOURSE
If you have concerns about this Notice, its implementation, or other related inquiries or concerns, please contact us at firstname.lastname@example.org. Any improper collection or misuse of information in violation of this Notice should be reported by e-mail to email@example.com. BUSA takes seriously any reported violations, and will investigate such violations and correct any misinformation.
If you are a resident of the EEA, you have the right to complain to a relevant data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA and certain non-European countries (including the US and Canada) are available here.
CHANGES IN THIS NOTICE
We reserve the right to modify this Notice at any time, so please review it frequently. If we decide to change our Notice, we will post the changes to the Notice here and other places we deem appropriate. We will obtain your consent to any material changes if required by applicable law.
CONFIDENTIALITY AND SECURITY OF YOUR PERSONAL INFORMATION
BUSA uses reasonable and appropriate technical and organizational measures to ensure the security of the Personal Information users provide to us. We have implemented commercially reasonable information security policies, rules and technical measures to protect the Personal Information we have under our control from unauthorized access, improper use or disclosure, unauthorized modification, and unlawful destruction or accidental loss.
Among other things, any employees, contractors and/or data processors who have access to, and are associated with, the processing of your Personal Information are obligated to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for us.
We retain Personal Information we collect from you only where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
With regard to Personal Information processed as part of our Service Offerings, the BUSA retention periods are as follows:
- Message/Activity Details – up to one hundred and eighty (180) days
- Call Recordings – up to thirty (30) days
- Telephony Records (CDRs) – up to three (3) years.
For the avoidance of any doubt, these timelines shall not apply once you have (1) objected to BUSA’s use of your Personal Information in a situation where our use of your Personal Information is based on a legitimate interest; or (2) withdrawn your consent in a situation where our use of your Personal Information is based on your consent. In these cases, BUSA will retain and use the Personal Information only for so long as is necessary to provide our services, comply with our legal obligations, resolve disputes, and/or enforce our agreements.
In connection with our Service Offerings, the controller of your Personal Information is the customer providing the service to you. Otherwise, the controller of your personal information is BUSA. Please note, however, that in light of our GDPR obligations, we have appointed a Data Protection Officer (DPO) who can be contacted using the contact details listed below.
CLIENT TO INSERT NAME AND CONTACT INFORMATION FOR DATA PROTECTION OFFICER
If you have questions specifically about this Notice, or to legal issues pertaining to the practices of the site or your use of the site, please contact us using the following details:
E-mail Address: firstname.lastname@example.org
Berkshire USA LLC
541 S State Road 7, Suite 8
Margate, FL 33068
Recommended Additions/Revisions to Specific Legislation Language This section provides residents of the State of California (“California Consumers”) with the disclosures and notices required under the California Consumer Privacy Act of 2018 (“CCPA”). The following paragraphs apply solely to California Consumers and describe the specific rights afforded under the CCPA. Employee Data Exception. In many cases, the Personal Information we collect about you is in a business-to-business context when you are acting as an employee to a Customer or potential in the performance of your job duties. Please note that Personal Information collected and used in this context is not protected Personal Information under the CCPA. Without limiting the foregoing, California Consumers may exercise the following rights over their Personal Information, subject to our receipt of a verifiable Consumer Privacy Request, as well as any exceptions and limitations that may apply.
- Right to Disclosure. You have the right to request that we disclose information to you about our collection and use of your Personal Information over the past 12 months, such as (i) the categories of Personal Information we have collected about you; (ii) the categories of sources for the Personal Information we have collected about you; (iii) our business purpose for collecting or selling that Personal Information; (iv) the categories of third parties with whom we share that Personal Information; and (v) if we sold or disclosed your Personal Information for a business purpose, two separate lists stating (a) sales, identifying the Personal Information categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. BUSA is only required to respond to two disclosure requests within a 12-month period.
- Right to Access. You have the right to request that we provide you with access to specific pieces of Personal Information we have collected about you over the past 12 months (also called a data portability request). If you submit a right to access request, we will provide you with copies of the requested pieces of Personal Information in a portable and readily usable format. Please note that BUSA is prohibited by law from disclosing copies of certain pieces of Personal Information (e.g., government identification numbers, financial account information, and passwords or security questions and answers) because the disclosure would create a substantial, articulable, and unreasonable risk to the security of the information, our business systems, or your account. BUSA is only required by law to respond to two access requests within a 12-month period.
- Right to Deletion. You have the right to request that we delete any of your Personal Information that we collected from you and retained, with certain exceptions. BUSA may permanently delete, deidentify, or aggregate the Personal Information in response to a request for deletion. If you submit a right to deletion request, we will confirm the Personal Information to be deleted prior to its deletion, and we will notify you when your request is complete.
- Right to Nondiscrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by law, we will not (i) deny you goods or services, (ii) charge you different prices or rates for goods or services, (iii) provide you a different level or quality of goods or services, or (iv) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under the CCPA.
- Right to Disclosure of Marketing Information. California’s Shine the Light Act (Civil Code sections 1798.83-1798.84) entitles California residents to request certain disclosures regarding Personal Information sharing with affiliates and/or third parties for marketing purposes.
- The CCPA provides a right to opt-out of the sale of Personal Information as that sale is defined in the statute. However, we do not sell California consumer Personal Information for monetary or other valuable consideration. To the extent we share California consumer Personal Information with our trusted business partners or investors, we do so only when you have directed us to do so. We do not sell the Personal Information of minors under 16 years of age.
We endeavor to respond to a verifiable Consumer Privacy Request from a California Consumer within 45 days of receipt. If we require more time, we will notify you in writing of the reason and extension period. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding receipt of the verifiable consumer request. If we cannot comply with part or all of your requests, we will explain the reasons in our response.
To exercise your rights, please submit a verifiable consumer request to us by emailing email@example.com or in writing to:
Berkshire USA LLC
PO Box 2531
Pittsfield MA 01202-2531
Privacy Information for Nevada Residents
Under Nevada law, certain Nevada consumers may opt-out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident and you have purchased products or services from us, you may submit a request to opt-out of any potential future sales under Nevada law by contacting us at firstname.lastname@example.org. Please note we may take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
Privacy Information for Virginia Residents
This section provides residents of the State of Virginia (“Virginia Consumers”) with the disclosures and notices required under the Consumer Data Privacy Act (“CDPA”). The following paragraphs apply solely to Virginia Consumers and describe the specific rights afforded under the CDPA. Without limiting the foregoing, Virginia Consumers may exercise the following rights over their Personal Information, subject to our receipt of a verifiable Consumer Privacy, as well as any exceptions and limitations that may apply.
- Right to access. You have the right to confirm whether a controller (as the term is defined under Virginia law) is processing your personal data (as this term is defined under Virginia law) and obtain access to such data.
- Right to correct. You have the right to correct inaccuracies in your personal data.
- Right to delete. You have the right to delete personal data provided by or obtained about You.
- Right to data portability. You have the right to obtain a copy of your personal data in a portable and readily usable format.
- Right to opt-out of certain data processing. You have the right to opt-out of the processing of your personal data for purposes of: (i) targeted advertising; (ii) the sale of personal data; or (iii) profiling in further decisions that produce legal or similarly significant effects concerning the You.
We adopted this section to comply with the European Union’s General Data Protection Regulations (“GDPR”). This section applies solely to residents of the European Union (“EU Residents”). BUSA provides the Service Offerings to individuals located in the EU in our capacity as a data processor to our Customers. However, if an EU resident interacts with BUSA as a Customer or potential Customer, BUSA collects and processes their Personal Information as a data controller. If you are an EU resident, you have the following rights in relation to the Personal Information we hold about you:
- Right to know how we process your Personal Information. We have set the required notices in this Privacy Notice. We may provide you with additional notices about other ways we process your Personal Information, such as by sending you a notice via email or by other means of communication.
- Right to access your Personal Information. You can request to access your Personal Information. Upon request, we will provide you with a copy of your Personal Information, along with details about the types of Personal Information we process, why we process it, and any third parties we work with to collect Personal Information on our behalf. We may have one or more legally valid reasons to refuse your request in whole or in part, for example in order to protect the rights of other individuals.
- Right to restrict processing of your Personal Information. You can request that we restrict the processing of your Personal Information if (i) the data is inaccurate, (ii) the processing is unlawful, (iii) we no longer need the Personal Information, or (iv) you exercise your right to object.
- Right to rectify your Personal Information. If you become aware that the Personal Information that we hold about you is incorrect, or if your situation changes (e.g., you change address), please inform us and we will update our records.
- Right to data portability. In some circumstances, we are required to provide your Personal Information to another organization at your request and in a structured, commonly used machine-readable format, so that the other organization can read and use it.
- Right to erasure(a.k.a. the “right to be forgotten”). Upon your request, and in certain circumstances and where we are required to do so by law, we are required to delete your Personal Information. This right is not absolute, and we may be entitled to retain and process your Personal Information despite your request. If you make this request, we balance certain legal, contractual, and business interests against your right to request the deletion of your Personal Information.
- Right to object to certain processing of your Personal Information. Upon your request, and in certain circumstances and where we are required to do so by law, we will limit our processing of your Personal Information as you request.
- Right to Withdraw Consent: If we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. This means that we will not process the Personal Information subject to this consent any longer unless legally required to do so. In case we are required to retain your Personal Information for legal reasons, such data will be restricted from further processing and only retained for the term required by law. Furthermore, if your use of BUSA’s Service Offerings requires your prior consent, we will not be (any longer) able to provide the relevant Service Offerings to you after withdrawal of your consent.
EU Residents may exercise these rights over their Personal Information, subject to our receipt of a verifiable Consumer Privacy Request, as well as any exceptions and limitations that may apply.
We adopted this section to provide supplemental information in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”). This section applies solely to residents of Canada where PIPEDA applies (“Canadian Consumers”). PIPEDA gives Canadian Consumers specific rights regarding Personal Information offering details on an identifiable person without the inclusion of name, title, telephone number and business address of an employee of a business or organization. The following paragraphs describe PIPEDA rights and explain how to exercise those rights.
- Right to know why we collect, use and distribute the Personal Information we process. We have set the required notices in this Privacy Notice. We may provide you with additional notices about other ways we process your Personal Data, such as by sending you a notice via email or by other means of communication.
- Right to expect us to collect, use or disclose Personal Information responsibly and not for any other purpose other than which you consented. We set your expectations in this Privacy Notice and collect express or implied consent at various stages of collection or processing. If we collect or use your Personal Information based on your consent, we will also notify you of any changes and will request your further consent as needed. You may withdraw your consent at any time with reasonable notice by contacting us.
- Right to the accuracy of your Personal Information. We take steps to reasonably ensure that your Personal Information we are using is accurate. In most cases, we rely on you to ensure that your information is current, complete, and accurate. We provide methods for you to correct, update, and delete inaccurate Personal Information in your account, and we will provide you with reasonable assistance to ensure that your Personal Information is accurate in our systems and with our service providers.
- Right to access your Personal Information. Upon written request and identity authentication, we will provide you with your Personal Information under our control, information about the ways in which that information is being used, and a description of the individuals and organizations to whom that information has been disclosed. We will make the information available within 30 days or provide written notice where additional time is required to fulfill the request. If limited by law or potential infringement on another’s privacy rights, we may not be able to provide access to some or all of the Personal Information you request. If we must refuse an access request, we will notify you in writing, document the reasons for refusal, and outline further steps that are available to you.
Canadian Consumers may exercise the above rights over their Personal Information, subject to our receipt of a verifiable Consumer Privacy Request as well as any exceptions and limitations that may apply.
 BUSA does not sell your personal information and this language tracks the CCPA.