At Bierce & Kenerson, P.C. (“Bierce & Kenerson, P.C.” or “we” or “us”), we are committed to protecting your privacy. We firmly believe that electronic security and privacy are necessary for the continued success of the Internet. In support of this, we only use the personally identifiable information (“Personal Information”) that you provide in accordance with the terms outlined below.

This Privacy Policy covers any Personal Information we obtain when you visit us, use our services, or access the features on the websites that Bierce & Kenerson, P.C. owns or controls (today or in the future), including https://www.biercekenerson.com/, www.outsourcing-law.com/ and www.smarterbusinessexits.com (collectively, the “Sites”). You can access the Sites in many ways, including from a computer or mobile phone, and this Privacy Policy will apply regardless of the means of access. This Privacy Policy also governs the use of Personal Information we obtain from you from any third party site or application where we post content or invite your feedback or participation, including, but not limited to, Twitter and LinkedIn. Bierce & Kenerson, P.C. cannot control the privacy policies or practices of such sites or of companies Bierce & Kenerson, P.C. does not own or control, and cannot control the actions of people Bierce & Kenerson, P.C. does not employ or manage. You should always check the privacy policies of these sites and your privacy settings.

Personal Information

When you use our Sites, you may choose to provide certain information directly to us to request more information or services, including the following Personal Information:

• first name, last name
• email address
• work address
• phone number
• job title
• job role
• department
• company name
• company size
• company industry
• professional interests
• company URL, and
• other related business/professional information.

You may, however, visit our Sites anonymously. We will collect personal identification information from you only if you voluntarily submit such information to us. You can always refuse to supply personally identification information, except that it may prevent you from engaging in certain Site-related activities.

Usage Information

We may also use cookies and other technologies to automatically gather information about how you use the Sites, including:

• new or returning visitor;
• time of visit;
• duration of visit;
• pages viewed;
• where you found the Sites (search, direct, social media, etc.);
• country you’re visiting from;
• technology you’re using (browser, screen resolution, etc.); and
• gender and age range.

We only use, share, and store Personal Information consistent with this Privacy Policy.

2. How We Collect Information

We collect Personal Information when you:

• visit our sites
• request information;
• fill out a form;
• apply for a job; and
• participate in surveys or promotions.

We also collect information in several ways by your use of the Sites. When you access the Sites, our servers log your IP address, the URL of your request and other information that is provided in the HTTP header. When you conduct searches on the Sites, we may log the search terms that you use. Also, our third-party service providers may ask you voluntarily to provide Personal Information on their websites and may share such Personal Information with us, as governed by their respective privacy policies. Our use of information received from a service provider will be dictated by the service provider’s privacy policies and not this Privacy Policy. Bierce & Kenerson, P.C. collects this information in order to provide information about our products and services that will meet the expectations of our users.

Cookies

A “cookie” is a small data file stored on your web browser or on your mobile device that allows us to recognize your computer or mobile device when you visit the Sites by associating identification numbers with other user information you have provided us. Some cookies will remain on the hard drive of your computer or mobile device for the duration of your browser or user session, while others will remain until deleted by you. You may also be able to configure your computer or mobile device to limit the collection of these “cookies,” but that limitation may also limit our ability to provide all the services or functionality of the Sites. Some third party service providers may use “flash cookies,” which are saved on your computer, but cannot be rejected, disabled, turned off, opted out of, or deleted in the same way as regular cookies. To learn how to manage your flash cookie settings, visit the Flash player settings page on Adobe’s website.

Google Analytics

These Sites use Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Google, Inc. (“Google”), to better assist Bierce & Kenerson, P.C. in understanding how the Sites are used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Sites, including your computer’s IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of the Sites, compiling reports on Sites’ activity for Bierce & Kenerson, P.C.’s use, and providing other services relating to Site activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Sites. The use of cookies by Google Analytics is covered by Google’s privacy policy.

You can learn more about Google’s practices at https://www.google.com/policies/privacy/partners and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.

3. How We Use Collected Information

Bierce & Kenerson, P.C. collects and uses your Personal Information for the following purposes:

• to personalize user experience;
• we may use information in the aggregate to understand how users as a group use the services and resources provided on our Sites;
• to improve our Sites;
• to improve customer service;
• to more effectively respond to your customer service requests and support needs;
• to share your information with third parties;
• to administer a content, promotion, survey or other Site feature;
• to send you information you have agreed to receive about topics we think will be of interest to you; and
• if you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or you may contact us via our Sites.

4. How We Protect Your Information

We and our service providers adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Information, username, password, transaction information and data stored on our Sites.
Sensitive and private data exchange between the Sites and their users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

5. Sharing Your Personal Information

Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our Sites.

Bierce & Kenerson, P.C. also may disclose your Personal Information:

• in situations where sharing or disclosing your information is required in order to offer you products or services you desire;
• to third parties for marketing or any other legally permissible purpose at our sole discretion (if you are a known user from the European Union, we will ask your consent before doing this);
• to our subsidiaries and affiliates with assurances they will treat your Personal Information consistent with this Privacy Policy;
• to a third party or parties, with your consent and where disclosure is required or permitted by law;
• if, in the reasonable judgment of Bierce & Kenerson, P.C., it is necessary enforce compliance with our internal policies or to protect our Sites, customers, or others; and
• to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of Bierce & Kenerson, P.C.’s assets.

Bierce & Kenerson, P.C. may also be required to use or disclose your information in connection with a legal action or other proceeding, including without limitation, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.
Bierce & Kenerson, P.C. may disclose Personal Information in response to lawful requests by public authorities, and to meet national security or law enforcement requirements.

6. Third party websites

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. Notably, we may use third party providers to facilitate our email communications.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
Once you leave our Sites or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Sites’ terms.

Social Media Sites

We may work with third parties, including third-party network sites like Amazon, Twitter and LinkedIn. Such companies operate Social Media Sites. We may provide access to our Sites by third parties and business partners so we can generate interest in our products among members of your social networks and to allow you to share product interests with friends in your network. If you do not want us to be able to access information about you from Social Media Sites, you must instruct Social Media Sites not to share the information. Bierce & Kenerson, P.C. is not responsible for how these third parties may use information collected from or about you so be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing. If you do not want a Social Media Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt out of sharing such information.

Links

The Sites may list or link to third party products or services. Bierce & Kenerson, P.C. does not have any control over the quality, safety or legality of any items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. For these reasons, Bierce & Kenerson, P.C. and its affiliates cannot ensure that a buyer or supplier will actually complete a transaction. Bierce & Kenerson, P.C. will not be a party to any transactions between you and such third parties and any correspondence concerning such transactions should be conducted between you and the third party.

7. Children’s Information

The Sites are not directed to children under the age of 13. Children under the age of 13 are prohibited from submitting any personally identifiable information to Bierce & Kenerson, P.C. through the Sites. If you believe a child has provided us with information, contact us at privacy@biercekenerson.com.

8. California Privacy Rights

If you are a California resident and we are notified of your residence there, you have the right to request information from us regarding the manner in which Bierce & Kenerson, P.C. shares certain categories of Personal Information with third parties for their direct marketing purposes, in addition to the rights set forth above. Under California law, you have the right to send us a request at the designated address listed below to receive the following information:

• The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
• the names and addresses of the third parties that received the information; and
• if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.
  This information may be provided in a standardized format that is not specific to you. The designated email address for these requests is: privacy@biercekenerson.com.

Also, please note that we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.

9. European Users’ Rights

Legal Basis for Processing Information

If you are located in the EU or Switzerland and you have notified us of such location, we rely on several legal bases to process your Personal Information. These legal bases include where:

• The processing is necessary to perform our contractual obligations, such as to provide you with our services;
• You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);
• The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims;
• The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing, and developing our services, marketing new features or products that may be of interest, and promoting safety and security as described above.

If you have any questions about or would like further information concerning the legal basis on which we collect and use your Personal Information, please contact us by emailing privacy@biercekenerson.com.

Data Retention

If you are a Bierce & Kenerson, P.C. client, we will retain your Personal Information as long as we are providing the services to you. We retain Personal Information after we cease providing services to you, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. We also retain Personal Information to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

Rights Under the General Data Protection Regulation

If you are located in the EU or Switzerland and you have notified us in writing that you are located there, you have the following rights in respect of your Personal Information that we hold:

• Right of access. The right to obtain access to your Personal Information.
• Right to rectification. The right to obtain rectification of your Personal Information without undue delay where that Personal Information is inaccurate or incomplete.
• Right to erasure. The right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the Personal Information is no longer necessary in relation to the purposes for which it was collected or processed.
• Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the Personal Information is contested by you, for a period enabling us to verify the accuracy of that Personal Information.
• Right to portability. The right to portability allows you to move, copy or transfer Personal Information easily from one organization to another.
• Right to object. You have a right to object to processing based on legitimate interests and direct marketing.

If you wish to exercise one of these rights, please email us at privacy@biercekenerson.com. You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Obligations to Data Protection Officers (DPAs)

We will respond diligently and appropriately to requests from DPAs about this policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of Personal Information, we will (1) cooperate with inquiries from the DPA responsible for the entity exporting the data and (2) respect its decisions, consistent with our rights under all applicable laws and due process rights. With regard to transfers of data to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.

Contacting Our Data Protection Officer

To contact our designated Data Protection Officer, please send an email to: privacy@biercekenerson.com.

10. Your Consent and Updates to this Policy

You acknowledge that this Privacy Policy is part of the Terms and Conditions for your use of the Sites, and you agree that using the Sites signifies your assent to Bierce & Kenerson, P.C.’s Privacy Policy. Bierce & Kenerson, P.C. reserves the right to change this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. As we may make changes from time to time without notifying you, we suggest that you periodically consult this Policy. Your continued use of the Sites after the effective date of any modification to the Policy will be deemed to be your agreement to the changed terms.

If you have any questions about your privacy or security on our Sites, please contact us using the following information:

https://www.biercekenerson.com
Bierce & Kenerson, P.C.
420 Lexington Ave., Suite 2920
New York, NY 10170
privacy@biercekenerson.com