Brierley & Partners, Inc. (“Brierley”, “we”, “us” or “our”) provides loyalty and customer relationship management (“CRM”) services to our clients (our “Clients”). These services include data collection and bulk e-mail services.
How We Collect Information
The Information We Collect
Brierley collects the following personal information from you: (i) your name; (ii) your email address; (iii) your mailing address; (iv) your phone number; (v) company information; and (vi) any other information you send directly to us, including through our Site. Personal information is information that identifies you as an individual. We do not consider information that has been anonymized or aggregated to be personal information because it can no longer be used to identify a specific person.
As you navigate through this Site, we will automatically collect anonymous information about you and your activities during your visit. This information includes navigational data and web server logs, and may include (but is not limited to) information such as your IP address, the version of both your browser and operating system, and the URL of the website you just came from (“Usage Data”).
How We Use the Information We Collect
We use the information we collect to respond to your requests for information and send you commercial communications (if you so choose). To the extent that you provide information in connection with an inquiry to join the Brierley team, we may use such information for our recruiting purposes.
We may also disclose your personal information to protect your safety or the safety of others, investigate fraud, or to any other third party with your prior consent to do so. If Brierley is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Legal Basis for Use of Your Information; Your Additional Rights
To use the information that we collect about you, we rely on the following legal basis for processing:
With respect to Usage Data, we rely on the legitimate interests basis. Our interest is in ensuring that our Site provides relevant, useful content and performs in a way that makes it easy for you to use. Your interests are protected in this case due to the anonymous nature of the Usage Data, and the fact that we use this data only for this limited purpose.
Under certain circumstances, you have specific, additional rights with respect to personal information that you have provided to us:
to access personal information held about you,
to have your personal information corrected,
to have your personal information erased (i) where there is no good reason for us continuing to process it; (ii) where you have exercised your right to object to processing and there is no compelling legitimate grounds to for us to process your personal information which override your interests (see below); (iii) where we may have processed your personal information unlawfully; (iv) or where we are required to erase your personal information to comply with local law. (We may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.)
to restrict the processing of your personal information (i) if you want us to establish the accuracy of your personal information; (ii) where our use of your personal information is unlawful but you do not want us to erase it; (iii) where you need us to hold your personal information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (iv) where you have objected to our use of your personal information but we need to verify whether we have overriding legitimate grounds to use it,
to object to processing of your personal information (i) where we are relying on a legitimate interest basis (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts your interests (though we may demonstrate that we have compelling legitimate grounds to process your information which override your interests); or (ii) where we are processing your personal information for direct marketing purposes,
to receive personal information about you that was automatically collected with your consent or used to perform a contract with you and transfer it to another data controller (in which case we will provide your personal information in a structured, commonly-used, machine-readable format), and
to lodge a complaint with the relevant data protection authority.
As explained above, your consent to processing of your personal information may sometimes form the legal basis for our processing of your personal information. Where this is the case, you can withdraw your consent at any time (without affecting the lawfulness of processing based on consent before your withdrawal of consent).
Upon request, we will provide you with information about whether we hold any of your personal information. To exercise any of these rights, contact us at https://app.onetrust.com/app/#/webform/1c22609a-1047-4cb1-8c80-ccc5d20aa45c. We will respond to your request within a reasonable timeframe.
Technologies such as: cookies, tags and scripts may be used by Brierley and our marketing partners, affiliates, or analytics or service providers. These technologies are used in analyzing trends, administering the Site, tracking users’ movements around the Site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
Strictly necessary cookies: These cookies are necessary for our Site to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of our Site will not then work. These cookies do not store any personally identifiable information.
Performance and analytics cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Site. They help us to know which pages are the most and least popular and see how visitors move around our Site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our Site, and will not be able to monitor its performance.
Functionality cookies: These cookies enable our Site to provide enhanced functionality and personalization, such as remembering choices you make on our Site. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Targeting and advertising cookies: We partner with a third party to either display advertising on our Site or to manage our advertising on other sites. Our third party partner may use technologies such as these cookies to gather information about your activities on this Site and other sites in order to provide you advertising based upon your browsing activities and interests. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here, then click on your location and then click the “Your ad choices” link). Please note this does not opt you out of being served ads. You will continue to receive generic ads.
As is true of most websites, we gather certain Usage Data automatically and store it in log files (see “The Information We Collect” above). We do not link this automatically collected data to other information we collect about you.
How We Protect Your Personal Information
Information collected through www.brierley.com is done via a secure (SSL) web interface and maintained within a secure operating environment. Our team of infrastructure and security professionals continually monitors our web interfaces and ensures technology updates are made regularly to deter any attempts for unwanted intrusion.
We follow generally accepted standards and take steps to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at firstname.lastname@example.org.
You may choose not to send us information.
In addition, we receive certain information from our Clients or through our CRM service in connection with providing the services for which such Clients have engaged us, and in these cases we process such information only as instructed by such Clients and have no direct relationship with the individuals such as yourself whose personal information we process. We do not use or process this information for any other purpose. We will still use various safeguards to protect any of your information that we receive from our Clients.
Brierley acknowledges that you have the right to access your personal information. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. If you are a Client and would like to update your account please contact us at email@example.com. We will respond to your request within a reasonable timeframe.
We do not supplement/append the data we collect with additional data received from third party sources.
The Site may include links to other Internet sites that are not operated or controlled by Brierley. If you submit personal information to any of those sites, your information is governed by their privacy policies. We cannot control and are not responsible for the privacy practices or the content of such websites. This may additionally be true for websites hosted by Brierley on behalf of our Clients.
Social Media (Features) and Widgets:
Transferring Your Information
We are based in the United States, but also have operations and offices throughout the world. As a result, we may transfer your personal information to, or access it in, jurisdictions (including the United States) that may not provide the same levels of data protection as your home jurisdiction. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it. By providing us any personal information, you acknowledge that it is being sent by you to the United States.
Privacy Shield Certified
Brierley participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. Brierley is committed to subjecting all personal information received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.
Brierley is responsible for the processing of personal information it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Brierley complies with the Privacy Shield principles for all onward transfers of personal information from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal information received or transferred under the Privacy Shield Frameworks, Brierley is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Brierley may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to the option of binding arbitration when other dispute resolution procedures have been exhausted.
Brierley & Partners, Inc.
6160 Warren Parkway, Suite 700
Frisco, Texas 75034
Supplemental Notice for California Residents
This notice for California residents is intended to supplement, and for such residents be made an express part of, the above notices.
We do not sell your personal information. We have not provided the related opt-out mechanisms, as there is no need.
As a resident of California, you have certain rights with respect to your information, as follows:
Right to know what is collected
You have the right to request that we disclose the categories of personal information that we have collected from you in the last 12 months, as well as the sources and purposes of such collection. You have the right to do this up to twice per year. To make any such request, see the “contact us” section below.
Right to know what is sold or disclosed
You have the right to request that we disclose the categories of personal information that we have sold or disclosed for a business purpose during the last 12 months. As stated above, we do not sell your personal information. For information on what personal information has been disclosed, see the “contact us” section below.
Right to require that your personal information not be sold
We do not sell your personal information.
Right of non-discrimination
Under California law, we are not permitted to discriminate against any California resident as a result of their exercise of their rights. We do not do so. In our role as provider of CRM and loyalty service to our Clients, we serve in the role of a service provider, and act in accordance with their instructions.
Right to deletion
You have the right to request that we delete the personal information that we have collected about you, subject to certain exceptions provided under applicable law. In order to exercise these rights, see the “contact us” section below.
To exercise any of the foregoing rights relating to your residency in California, please contact us as follows:
Email us at firstname.lastname@example.org mentioning California in the subject
Call us at 833-570-0410
Last Updated: August 10, 2020