• Brierley Privacy Policy

    Brierley & Partners, Inc. (“Brierley”, “we”, “us” or “our”) — a Capillary Services Company — provides loyalty and customer relationship consultations and services for our clients (our “Clients”). These services include data collection and bulk e-mail services.

    Protecting your privacy is important to us. This privacy policy (this “Privacy Policy”) covers our collection, use, and disclosure of information we collect through our website www.brierley.com. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

    This privacy policy applies to our corporate website, www.brierley.com, owned and operated by Brierley (the “Site”), regardless of how you access such Site (e.g., desktop or through mobile devices). Brierley also adheres to the Privacy Policy of our Clients when collecting, storing, and transmitting data on their behalf for the purposes of loyalty and CRM services.

    How We Collect Information

    We collect information directly from you, including any information you send to us, and automatically through your use of our Site (see “Use of Cookies and Other Tracking Technologies” below).

    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.

    As you navigate through this Site, we will automatically collect 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.

    Sharing

    We will share your personal information with third parties only in the ways that are described in this Privacy Policy. We do not sell your personal information to third parties.

    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 personal information that you provide to us via this Site, we rely on the affirmative consent that you provided at the time that you provided us that information. By indicating your consent in connection with providing that information, you consent to our collection, use and disclosure of your information as described in this Privacy Policy.

    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 limited 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.

    Use of Cookies and Other Tracking Technologies

    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.

    We use cookies to maintain browser session information. No data is stored physically in the cookie. You can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Site, but your ability to use some features or areas of our Site may be limited. We use the following types of cookies on our Site:

    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. The information that is collected by these cookies cannot be used to identify you. 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 using the Brierley contact page.

    Choice

    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 using the Brierley contact page. We will respond to your request within a reasonable timeframe.

    Retention

    Brierley will retain information we process on your behalf for as long as needed to provide you services or to fulfill the purposes outlined in this Privacy Policy. Brierley will retain your personal information for as long as necessary for the purposes for which the personal information is processed. Brierley may retain personal information for longer periods if such personal information will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes.

    Appended Information

    We do not supplement/append the data we collect with additional data received from third party sources.

    Links

    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.

    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.

    Data Privacy Framework (DPF)

    Brierley complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Brierley has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF.

    Brierley has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

    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.

    Notification of Changes to our Privacy Policy

    If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy hosted at www.brierley.com. We may additionally post these changes in other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

    We reserve the right to change or update this Privacy Policy at any time. If we make any material changes we may notify you by email or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

    Contact Us

    Brierley is firmly committed to protecting your privacy and the privacy of our clients' customers. If you have questions about this Privacy Policy or an unresolved privacy or data use concern that we have not addressed, you may contact us using the Brierley contact page. Brierley will attempt to respond to all reasonable concerns and inquiries expeditiously.

    Supplemental Notice for California Residents

    This notice for California residents is intended to supplement, and for such residents to 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 they are unnecessary.

    As a resident of California, you have certain rights concerning your information, as follows:

    1. 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.

    1. 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.

    1. Right to require that your personal information not be sold

    We do not sell your personal information.

    1. 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.

    1. 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. To exercise any of the foregoing rights relating to your residency in California, please contact us using the Brierley contact page.

    Updated: March 18, 2024

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