- What personally identifiable information we collect from you through the Website,
- how the information is used,
- with whom the information may be shared,
- what choices are available to you regarding collection, use, and distribution of the information,
- the kind of procedures we employ in an effort to hinder the unauthorized access, use, or disclosure of information you provide to us,
- information related to third-party websites,
- how you can learn about changes to our privacy policies, practices, and procedures.
Personal Information You Provide and How It Is Used
When you visit our Website, you may provide us with personally-identifying information (such as name, address, email address, telephone number, and/or credit/debit card information) and other information on a voluntary basis, as more particularly described below. We do not knowingly collect sensitive information, such as Social Security numbers. Please do not send sensitive, personal, or confidential information directly through the Website or by email to any of the contact email addresses listed on the Website.
When you complete any form on the Website or take certain other actions on the Website, you will have the option of joining our mailing list. You may also sign up independently to join our mailing list, and we will ask you to provide your email address and your name. If at any time you would like to unsubscribe from our email list, you may do so by clicking on the “unsubscribe” link located at the bottom of all our mass emails or by emailing email@example.com with “unsubscribe” in the subject heading, and we will remove your email address and name from our lists. We will act quickly to implement such requests, but please note there may be time lags of up to a month to remove names from our database.
We provide the ability for you to comment on our blogs and on other portions of the Website. In order to leave a comment on one of our blogs or on other portions of the Website, you will be required to provide your name and email address, and you will have the option to provide additional personally-identifying information. We also provide the option for you to connect with us through various social media outlets and platforms, and we may promote your activities on social media by “retweeting” or “sharing” content that you choose to make available to us.
Personal and Non-Personal Information We Collect By Automated Means and How We Use It
Berger Schatz and third parties with whom we have contracted to provide services for us collect certain personal and non-personal information by automated means when you visit the Website, including when you access the Website via a mobile device. We collect this information through various means such as “cookies,” “web beacons,” and IP addresses, as further explained below.
Personal information collected may include your device’s phone number and your location information, such as the real-time geographic location of the device you use to access the Website.
Non-personal information we collect may include the numbers and frequency of visitors to the Website, pages visited, and similar data, information about the devices our visitors use to access the Internet (such as the IP address and the device, browser, and operating system type), URLs that refer users to our Website, dates and times of visits to our Website, actions taken on our Website (such as page views and site navigation patterns), general geographic locations (such as country and city) of our visitors, and the search terms that visitors use to reach our Website. If gathered, this data is used in the aggregate and not in a manner that is intended to identify you personally. This type of aggregate information may be shared with third parties at any time.
We may use information collected by automated means to tailor our products and services to suit your personal interests and the manner in which visitors use our Website, to operate, evaluate, and improve our business and the products and services we offer, to analyze and enhance our marketing communications and strategies (including by identifying when emails sent to you have been received and read), to analyze trends and statistics regarding visitors’ use of our sites, mobile applications and social media assets, and the contributions or purchases visitors make on our sites, to protect against and prevent fraud, unauthorized transactions, claims, and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users, and to enforce the User Agreement for our Website.
Certain pages on the Website contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. Web beacons may also be used to track whether you have opened an HTML email. When the email is opened, a part of the code that makes up the HTML page calls a web server to load the web beacon that then generates a record showing that the email has been viewed. Web beacons may also recognize when the email was opened, how many times it was forwarded and which URLs (links within the email) were clicked.
When you visit and interact with the Website, Berger Schatz and third parties with whom we have contracted to provide services for us may collect Internet Protocol addresses (each an “IP Address”), as well as browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and page navigation. An IP Address is a unique identifier number that certain electronic devices use to identify and communicate with each other on the Internet; your Internet Service Provider automatically assigns an IP Address to the computer that you are using. We gather this information to track web site visitor movement in the aggregate, and to gather broad demographic information for aggregate use. Our goal in gathering this information is to learn how our customers and the public are using our service. We may use this information to enhance our Website or for other lawful purposes.
How We May Share Your Information
Unless otherwise stated herein, we do not reveal personally identifiable information about you to third parties for their independent use unless: (1) you expressly authorize Berger Schatz to do so, (2) it is necessary to allow Berger Schatz and its service providers or agents, including but not limited to, our third-party payment processors, to provide services on Berger Schatz’s behalf, (3) it is necessary in order to provide products or services to you, (4) the information is disclosed to entities that perform marketing or data aggregation services for Berger Schatz, (5) it is necessary in connection with a sale of all or substantially all of the assets of Berger Schatz or the merger of Berger Schatz into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which Berger Schatz is not the survivor, (6) Berger Schatz is required or permitted to do so for any or all of the following reasons: (i) to comply with a subpoena, legal process, government request or any other legal obligation, (ii) to prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of the Website or our network, and/or (iii) to protect the rights, privacy, property, business, or safety of Berger Schatz, its affiliates, subsidiaries, partners, directors, officers, employees, or members, visitors to the Website, or the general public.
How We Attempt to Safeguard Your Information
We do not knowingly collect, use, or disclose personally identifiable information about visitors younger than 13 years of age. If you are under the age of 13, you are expressly prohibited from accessing/viewing the Website. If you are the parent or guardian of a child under 13 years of age and believe that they have disclosed personally identifiable information to us, please contact us at firstname.lastname@example.org so we may delete your child’s information.
Third Party Websites
We may provide links to third-party websites as a service to you or in order to provide you additional information related to the transactions and activities that occur on the Website. Please be aware that we cannot control and are not responsible for the information collection, use, and disclosure practices of such websites. We encourage you to review and understand the privacy practices and policies, if any, of these websites before providing any personally-identifying information to them. We are not responsible for the content or information of these websites, any products or services that may be offered through these websites, or any other use of the linked websites.
Notice to California Residents
California Civil Code Section 1798.83 permits Website users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to request this information, please contact us or write to us at email@example.com.
Do Not Track Notice
Some web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. How browsers communicate and respond to the Do Not Track signal is not yet uniform. For this reason, like many web websites, the Website do not currently respond to or alter their practices in response to a Do Not Track signal. Please note that third parties may collect personal information about your online activities over time and across different websites when you visit our Website or other online websites and services. To find out more about “Do Not Track,” you may wish to visit http://www.allaboutdnt.com.
Berger Schatz shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of Berger Schatz, including a delay in services from its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
Any notices to you from Berger Schatz regarding the Website or this Agreement will be posted on the Website or made by email or regular mail.
By visiting the Site or using the Services, you agree that the laws of the State of Illinois and of the United States of America, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Berger Schatz or any of our affiliates.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in Chicago, Illinois, and administered by the American Arbitration Association (“AAA”) or similar arbitration body and conducted by a sole arbitrator in accordance with the AAA’s Commercial Arbitration Rules or the arbitration rules of a similar arbitration body. The arbitration shall be governed by the Federal Arbitration Act, codified in chapter 1 of Title 9 of the United States Code, as amended, to the exclusion of state laws inconsistent therewith or that would produce a different result, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Except as may be required by law or to the extent necessary in connection with judicial challenge, or enforcement of an award, neither a party nor the arbitrator may disclose the existence, content, record or results of an arbitration.
This Agreement constitutes the entire agreement between you and Berger Schatz regarding the use of the Website, superseding any prior agreements between you and Berger Schatz relating to your use of the Website. The failure of Berger Schatz to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
How to Contact Us
If you have any questions or comments about this Agreement or the Website, please contact:
Brian J. Blitz, Executive Committee Liaison
161 North Clark Street – Suite 2800
Chicago, Illinois 60601
Date this Agreement was last updated: 04 September 2020.