At or before the time of collection of your Personal Information, you have a right to receive notice of our privacy practices. We provide this information through our Privacy Policy and within our California Privacy Notice. This Notice includes information concerning the categories of Personal Information and Sensitive Personal Information we may collect, the purposes for which such information is collected or used, whether such information is “sold or shared” as defined under California law and how long such information is retained. There are links to our Privacy Notices appearing at the bottom of our website pages.
Certain states, including California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Montana, Nebraska, Nevada, New Hampshire, Rhode Island, Texas, Utah, Virginia, and Washington have enacted consumer privacy laws that grant their residents certain rights and require additional disclosures. This U.S. Multi-State Privacy Notice addresses these state-specific requirements as described in the below Privacy Notice for California Residents. This section applies only to personal information we collect that is subject to any of the applicable U.S. state privacy laws.
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the PRIVACY STATEMENT of BerkOne, Inc. (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who meet the definition of a “resident” of the State of California (“consumers” or “you”) as provided in (Section 17014 of Title 18 of the California Code of Regulations). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.
The California Consumer Privacy Act of 2018 (“CCPA”) passed the California Legislature and Governor Jerry Brown signed it into law on June 28, 2018. (Reference: CALIFORNIA CONSUMER PRIVACY ACT, 2018 Cal. Legis. Serv. Ch. 55 (A.B. 375) (WEST). All citations to the CCPA are to Section 3, Title 1.81.5 of the CCPA, added to Part 4 of Division 3 of the California Civil Code.)
The provisions of the CCPA became effective on January 1, 2020, and was amended by the California Privacy Rights Act (CPRA) effective January 1, 2023. The California Attorney General may commence enforcement actions on July 1, 2020 or six months after the publication of final regulations.
The intent of the California Legislature is to further California residents’ right to privacy by giving consumers an effective way to control their personal information, by ensuring the following rights:
On behalf of our clients and for our own marketing purposes, BerkOne collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). We collected the following categories of personal information from consumers within the last twelve (12) months:
| Category (defined in 1798.80(e) of California Civil Code) | Examples (“Yes” indication in the “Collected” column means that BerkOne was provided with 1 or more of the example data types.) | Collected |
| A. Identifiers. | Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. | Yes |
| B. Personal information categories listed in the California Customer Records statute. | Signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. | Yes |
| C. Protected classification characteristics under California or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | Yes |
| D. Commercial information. | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | No |
| E. Biometric information. | DNA. Imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health or exercise data that may contain identifying information. | No |
| F. Internet or other similar network activity. | Browsing history, search history, information regarding a consumer’s interaction with a website, application, or advertisement. | Yes |
| G. Geolocation data. | Physical location or movements. | No |
| H. Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | No |
| I. Professional or employment-related information. | Current or past job history or performance evaluations. | Yes |
| J. Non-public education information (per the Family Educational Rights & Privacy Act) (20 U.S.C. Section 1232g, 34 C.F.R. Part 99). | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | Yes |
| K. Inferences drawn from other personal information. | Profile reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | No |
BerkOne uses personal identifiable information provided on our website for the purposes identified on our website. BerkOne uses personal identifiable information provided in the course of marketing operations only for marketing purposes.
We will not collect additional categories of personal information or use the personal information provided to us for materially different, unrelated, or incompatible purposes without providing you notice.
BerkOne policies prohibit the sale, sharing, or unauthorized distribution of personally identifiable information to third parties, unless explicitly authorized by that person. In the preceding 12 months, we have not sold any personal information.
We may disclose your personal information for a business purpose to the following categories of third parties:
When we disclose personal information for a business purpose, we enter an agreement that describes the purpose, and requires the third party to keep that personal information confidential and to not use it for any purpose except to perform the business purpose.
In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category F: Internet or other similar network activity.
Category I: Professional or employment-related information.
Category J: Non-Public education information.
The CCPA provides California resident consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. If you are a customer of one of our clients, BerkOne will turn your request over to that client and your response will come from them, as BerkOne is considered a “service provider” under the CCPA.
If you are a direct-to-consumer client of BerkOne, i.e. we bill you directly, then once we receive and confirm your verifiable consumer request, we will disclose to you:
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. If you are a customer of one of our clients, BerkOne will turn your request over to that client and your response will come from them, as BerkOne is considered a “service provider” under the CCPA.
If you are a direct-to-consumer client of BerkOne, i.e. we bill you directly, then once we receive and confirm your verifiable consumer request, we will delete, and direct our service providers to delete, your personal information from our records, unless an exception applies.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request by either:
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows our client or us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Neither we nor our client(s) can respond to your request or provide you with personal information unless the following can be confirmed: your identity or authority to make the request and that the personal information relates to you. Making a verifiable consumer request does not require you to create an account with BerkOne, but our client may require it. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
If you are a customer of one of our clients and submit a request to BerkOne which in our determination should be handled by that client, then we will forward to that client within 5 business days. Once we forward to our client, the client will be responsible for replying to you.
If you are a direct-to-consumer client of BerkOne, i.e. we bill you directly, we will confirm receipt within 10 business days and respond to a verifiable consumer request within 45 days of its receipt. If we require more time to respond, an extension shall be required and BerkOne will have an additional 45 days to respond, totaling 90 days from the date of the initial request. We will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically. Any disclosures we provide will only cover the 12-month period preceding receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights.
We reserve the right to amend this notice at our discretion and at any time. When we make changes to this notice, we will notify you through a notice on our website.
If you have any questions or comments about this notice, our PRIVACY Notice, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please contact us.
For more information on CCPA, please visit this California Legislative Information website.
