Privacy Policy

Last modified on December 13, 2019

We provide the BurtKempner.com website (the “Site”) and take your privacy and security seriously. This Privacy Policy explains how we collect, use, share and protect personal data (“Information”) we receive from users.

We collect Information from users when they view, access, use or register through the Site or use any of our other services (collectively, “Services”). Your provision of such Information may be contractually required, and the extent of such information collected may vary based on your elected use of the Services. This Privacy Policy applies to persons and businesses anywhere in the world that may access the Site. If you do not wish for us to process your Information, you must not use the Site.

We reserve the right to modify, change, or replace this Privacy Policy at any time by updating this document on the Site. You hereby agree to be bound by the most recent version of the Privacy Policy available on the Site. The date of the last modification will be displayed near the top of the page containing the Privacy Policy.

1. Information Collected

(a) Our legal basis for collecting and processing Information is (i) your explicit consent when accessing the Site and/or the Services and (ii) a legitimate interest and need in order to provide the Services offered. and such interests may vary based upon your election of use of the Services. We may collect the following Information from users:

  • (i) Anything you submit through the Site. We will collect any Information you transmit through any form on the Site (including any user account or newsletter functionality, to the extent provided). This may include your name, email address, or anything else you submit. You are the source of this Information.
  • (ii) Information we automatically collect. We may use cookies, log files, clear gifs, and other analytics tools to track your site usage, which helps us analyze and improve the Services, and assists us in enhancing your overall experience with the Site. You may be able to disable cookies in your web browser or mobile device. However, please note that disabling cookies may prevent you from taking full advantage of the Site or its Services. You or your device is the source of this information. For more information about the use of cookies and how to block or disable them, you may visit allaboutcookies.org or youronlinechoices.eu.
  • (iii) Information you send us. If you contact us for customer or technical support, regardless of the method of contact, we may collect such Information you provide to us. You are the source of this Information.

2. Sharing and Use of Information

(a) We may use such Information in the following ways:

  • (i) To provide the Services elected by you.
  • (ii) To offer you the opportunity to partake in available third-party services, including links to products and services.
  • (iii) To verify your account and user identity and to comply with any applicable laws or regulations to which we are subject.
  • (iv) To contact you about the Services or anything else we offer.
  • (v) To provide customer or technical support.
  • (vi) To analyze and improve the features and performance of the Services and to analyze usage patterns, to assist in the overall enhancement of your experience and the experience of others in using the Services.
  • (vii) To inform you about offers from us.
  • (viii) We may disclose such Information if required to do so by a request or requirement of law.

(b) We care about your privacy. We will not sell or share such Information with third parties other than as expressly provided for in this Privacy Policy.

3. Third-Party Links

(a) You may encounter links to third party websites, videos, pictures, and applications, including social media profiles and third-party resellers of our products (collectively, “Third-Party Links”) when using the Services. Because of the fact that these links are not offered by us, we cannot control the content on these Third-Party Links and we can therefore make no guarantees as to the protection and privacy of any information which you submit to these Third-Party Links. We ask that you please exercise caution when accessing any Third-Party Links. Please use common sense and do not provide any personal information to any website or anyone therefrom requesting such information, whereby you do not feel comfortable doing so. 

4. Children

(a) We do not knowingly collect such Information from any child under the age of 13. If you believe we have collected such Information from a child under the age of 13, please contact us immediately.

5. Security

(a) We use commercially reasonable methods of protecting your Information. Nevertheless, with increasing accessibility to harmful technology, it is impossible for anyone to guarantee the safety or security of any information transmitted online, and as such, we cannot fully guarantee the safety of such Information. Further, transmission of such Information cannot be made completely secure. For that reason, you agree to transmit such Information to us solely at your own riska.

6. International Privacy Practices

(a) The Site is primarily operated and managed on servers located and operated within the United States. In order to provide our products and services to you, we may send and store your Information outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your Information may be transferred outside of the country where you reside or are located, including countries that may not or do not provide the same level of protection for your Information. We are committed to protecting the privacy and confidentiality of such Information when it is transferred. If you reside or are located within the European Economic Area and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the European Economic Area to the extent feasible under applicable law. By using and accessing our Services, users who reside or are located in countries outside of the United States hereby agree and consent to the transfer to and processing of such Information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.

7. Retention, Correction, and Deletion of Information

(a) Information that we process shall not be kept for longer than is necessary for the relevant purpose. We will retain your Information as follows:

  • (i) Information will be retained for as long as you have a user Account (as described in our Terms of Use) or as required by any applicable laws or regulations, or pursuant to our own backup and security policies.

(b) We will comply with any user’s requests regarding access, correction, and/or deletion of the Information we store in accordance with applicable law, including the EU General Data Protection Regulation (GDPR). To request that we correct, delete, or export any Information, please contact us via email at BK @ BurtKempner.com.

8. Information will be Sent to the United States

(a) We are based in the United States and your Information will be processed in the United States. The hosting facilities for your Information are in the United States. Please understand that the United States laws may be less strict than those of your own country, and please conduct yourself accordingly.

9. Users in the State of California

(a) California Civil Code Section 1798.83 entitles California customers to request information concerning whether a business has disclosed Personal Information to any third parties for their direct marketing purposes. California residents may 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 within the immediately 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 within the immediately preceding calendar year.

(b)  If you are a California resident and would like to make such a request, please submit your request as described in Section 12.

10. Your Rights Under the EU General Data Protection Regulation (GDPR)

(a) Your principal rights under the EU General Data Protection Regulation (GDPR) are as follows:

  • (i) Right of Access: you have the right to be informed of, and request access to, the Information we process about you.
  • (ii) Right to Rectification: you have the right to request that we amend or update your personal data where it is inaccurate or incomplete.
  • (iii) Right to Erasure: you the right to have us delete your Information.
  • (iv) Right to Restrict: you have the right to request that we temporarily or permanently stop processing your Information.
  • (v) Right to Object: you have the right to object to us processing your Information on grounds relating to your particular situation or for direct marketing purposes.
  • (vi) Right to Data Portability: you have the right to request a copy of your Information in electronic format and the right to transmit that personal data for use in another party’s service.
  • (vii) Right not to be Subject to Automated Decision Making: you have the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

11. Cookie Policy

(a) We use cookies on this Site and Service. By using the Service, you consent to the use of cookies.

(b) Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.

(c) What are cookies?

  • Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.
  • Cookies can be “persistent” or “session” cookies.

(d) How do we use cookies?

  • When you use and access the Service, we may place a number of cookies files in your web browser.
  • We use cookies for the following purposes: to enable certain functions of the Service, to provide analytics, to store your preferences, to enable advertisements delivery, including behavioral advertising.
  • We use variations of both session and persistent cookies on the Site and Service and we use different types of cookies to assist in running the Service.
  • Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

(e) What are third-party cookies?

  • In addition to our own cookies, we may also use various third-parties’ cookies to report usage statistics of the Service, deliver advertisements on and through the Site and Service, and so on.

(f) What are your choices regarding cookies?

  • If you would like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

12. Data Controller and Contact Information

(a) The Information we collect and process is controlled by Burt Kempner in the United States. You may contact us by email at BK @ BurtKempner.com.

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