BERA Brand Management Privacy Policy

Last modified:   July 19, 2021

Introduction

BERA Brand Management, Inc. (“Company,” “Us,” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you, receive from third parties, or that you may provide when you visit the website bera.ai or apps.bera.ai (our “Websites”) or provide responses to consumer surveys conducted by unaffiliated third parties on our behalf, including certain personally identifiable 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 device (“Personal Information”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we receive and collect:

• From unaffiliated third parties who conduct surveys of consumers located in the United States on our behalf, who are compensated for responding to the surveys and informed that the responses that they provide are owned by BERA Brand Management, Inc. and subject to the terms of this Privacy Policy. 
• From our clients and visitors to our Websites.
• In email, text, and other electronic messages between you and the Company.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party; or 
• Any other third party, including through any application or third party that may link to or be accessible from or on our Websites.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites. By accessing or using these Websites, you agree to this Privacy Policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of these Websites after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates. 

Children Under the Age of 13

Our Websites are not intended for children under 13 years of age. No one under age 13 may provide any Personal Information to the Websites or the Company. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on the Websites or provide any Personal Information  or other information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@bera.ai.

Information We Receive And Collect From Unaffiliated Third Parties Who Conduct Consumer Surveys Of United States Consumers On Our Behalf And How We Collect It

We receive and collect information and data through online and offline surveys of United States consumers that unaffiliated third parties conduct on our behalf (the "Surveys").  The Surveys are optional and consumers can choose not to participate in the Surveys. Consumers are compensated for participating in the Surveys, are provided with this Privacy Policy, and informed that the responses that they provide to the Surveys are subject to the terms of this Privacy Policy.  

The Surveys may ask for basic contact information. Whether you provide that type of Personal Information is entirely optional. But in all cases, the information you provide belongs to BERA Brand Management Inc.  The data received and collected from the Surveys may include Personal Information, including:  name, email addresses, mailing address, and phone number, only if you choose to provide such Personal Information.  The data may also include the following categories of demographic information:  age, gender, income bracket, education level and ethnicity, race, and other consumer information, including self-reported data on products or services purchased or planned to be purchased or opinions about such products and services.  Personal Information does not include aggregated and/or anonymous or anonymized data or information.  We do not receive Personal Information from the Surveys.

We do not have the ability to pair demographic information with Personal Information such as contact information. When we process demographic information, such information is de-identified and aggregated. Any individual who wishes to obtain access to his or her information should contact the consumer panel that directed them to the Surveys.

Information We Collect From Clients and Visitors And How We Collect It

We do not actively collect data from visitors to the Websites.  We actively collect several types of information from clients, including Personal Information, and passively collect data from visitors to the Websites.

• We collect Personal Information from clients by which they may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which clients may be contacted online or offline.
• For visitors to the Websites, we may passively collect data that is about you but individually does not identify you, such as information about your Internet connection, the equipment you use to access our Websites and usage details.

We collect information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

Information You Provide to Us.

The information we collect on or through our Websites may include:

• Information that you provide by filling in forms on our Websites.
• Records and copies of your correspondence (including email addresses), if you contact us. 

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Websites, including traffic data, location data, logs, and other communication data and the resources that you access and use on our Websites.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Read below for information on how you can turn off cookies on your browser and opt out of behavioral tracking on these websites and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically is statistical data and does not include Personal Information but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). When you visit our Websites, we may send one or more cookies—small text files containing a string of alphanumeric characters—to your device. The Websites use both session cookies and performance cookies, which are persistent. A session cookie disappears after you close your browser.  A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Websites.  Specifically, performance cookies are in place so that traffic patterns and uses on the Websites may be measured and optimized.

BERA Brand Management Inc. collects cookies on our Websites to capture information about page visits. This information is anonymous and we use this information only internally to deliver the most effective content to our visitors. Information from the cookies is used to gauge page popularity, analyze traffic patterns on our site and guide development of other improvements to our site.  BERA Brand Management Inc. does not require that you accept cookies, however, some functionality on our Websites may be disabled if you decline to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. You may also change your cookie settings through preferences options in our products and/or services, where applicable. We never give away information about visitors to our Websites. If you choose to e-mail us and provide Personal Information, we will use this information only to respond to your inquiry.  We will not sell, rent or otherwise disclose that Personal Information to third parties unless such disclosure is necessary for the purposes set forth in this Policy, by law or a policy or notice contained or associated with a specific BERA Brand Management Inc. service.

• Google Analytics. We also may use Google Analytics and similar tools to help analyze how users use our Service. Google Analytics uses cookies to collect standard Internet log-in information and visitor behavior information. The information generated by the cookie about your use of the Websites (including IP address) is transmitted to and stored by Google. This information is then used to evaluate visitors’ uses of our Websites, compile statistical reports on activity and enhance your experience when you use the Websites. Google will not associate your IP address with any other data held by Google. Visit https://www.google.com/policies/privacy/partners/ for more information on how Google uses this data.

How We Use Information Of Clients Or Visitors To Our Websites

We use information that we collect about you or that you provide to us, including any Personal Information:

• To provide our services to you if you are a client or fulfill any purpose for which you provide it.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Websites or services we offer if you are a client or in response to a request for information on the services we provide.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also use your information to contact you about our own services that may be of interest to you. If you do not want us to use your information in this way, please email us at privacy@bera.ai. For more information, see Choices About How We Use and Disclose Your Information.

How We Use Information We Collect From Third Parties Who Conduct Surveys Of United States Consumers On Our Behalf

Information we receive and collect from unaffiliated third parties who conduct Surveys of United States consumers on our behalf for which consumers have been compensated belongs to BERA Brand Management, Inc. That information may be anonymized and aggregated by the third party conducting the Survey to create anonymized data sets.  Alternatively, the information we receive and collect from third parties who conduct Surveys of United States consumers on our behalf may contain Personal Information that consumer participants have willingly provided that that has not yet been anonymized and/or aggregated and we may transfer the data to an unaffiliated third party that will anonymize and aggregate the data into anonymized data sets.

Please note that we consider any anonymized datasets that result from the anonymization processes of unaffiliated third parties to be proprietary to BERA Brand Management, Inc. and we will be free to use, sell and disclose the anonymized datasets, and we may offer or sell information and services that are derived from the anonymized datasets.  We use anonymized or aggregated data to provide reports and services to our clients that do not contain any Personal Information of a Survey participant.  We will not use data and information we receive and collect from unaffiliated third parties who conduct Surveys of United States consumers on our behalf for any other purposes than those specified in this Privacy Policy.

Disclosure To Third Parties Of Information We Collect From Third Parties Who Conduct Surveys Of United States Consumers On Our Behalf

In the event the information we receive and collect from third parties who conduct consumer surveys of United States consumers on our behalf does contain Personal Information that has not already been anonymized and/or aggregated, we may provide the data to unaffiliated third parties to anonymize and/or aggregate it and perform analyses on the anonymized and/or aggregated data, unless you have opted out of the data anonymization.  The analyzed anonymized and aggregated data is used by BERA Brand Management, Inc. to prepare reports and other analyses and to provide services that BERA Brand Management, Inc. sells to its Clients.   These reports and services will not contain any Personal Information.  To opt out of the anonymization and aggregation of Survey data provided to the unaffiliated third parties conducting Surveys on our behalf, you must do so prior to providing such data by not providing the data.   See Opt Out Of Disclosure Of Personal Information Anonymization and Aggregation of Survey Responses.

Disclosure of Information Of Clients and Visitors To Our Websites

We may disclose aggregated information about visitors to our Websites and our clients, and information that does not identify any individual and is not Personal Information, without restriction. We may disclose Personal Information that we collect from our clients or the Websites or you provide as described in this Privacy Policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep the Personal Information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of BERA Brand Management, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by BERA Brand Management, Inc. about our Website visitors or clients is among the assets transferred.
• To fulfill any purpose for which you provide it. 
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your Personal Information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply the terms agreements with us, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of BERA Brand Management, Inc. our clients, or others.  This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information: 

• You may stop or restrict the placement of session cookies, Google’s cookies and third party cookies on your computer by adjusting your web browser preferences.  If you do so, you may still use our websites, but this may interfere with some of its functionality or your ability to complete a survey.
• You may also clear cookies from your computer via your web browser settings.
• You may also wish to use Google Ads Preferences Manager and a Google Analytics opt-out browser add on: https://support.google.com/analytics/answer/2700409?hl=en

Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email to privacy@bera.ai stating your request to not receive promotional offers. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of purchase of services from the Company.

Opt Out Of Disclosure Of Survey Data For Anonymization And Aggregation Of Survey Responses

As noted above, the Surveys are optional and consumers can choose not to participate in the Surveys.  Consumers are compensated for participating in the Surveys, are provided with this Privacy Policy, and informed that the responses that they provide to the surveys are subject to the terms of this Privacy Policy.  In order to opt out of the disclosure of Survey response data provided to unaffiliated third parties conducting Surveys on our behalf or opt out of the anonymization and aggregation, you must decline to provide that information in the first place.  Once that data is provided to the unaffiliated third parties, there is no other way to opt out.  Opting out of the anonymization and aggregation of any Survey response data provided to unaffiliated third parties conducting Surveys on our behalf will prevent you from receiving any promised compensation for completing the Survey and agreeing to provide the responses to BERA Brand Management, Inc. subject to the terms of this Privacy Policy.

Accessing, Correcting, Or Deleting Your Personal Information

You have the right to access your Personal Information. If you would like to access and review Personal Information that you provided to us or to third parties in response to surveys conducted by third parties on our behalf, you can contact the third party that conducted the survey or contact us directly at privacy@bera.ai.

We will cooperate with the third party who conducted the surveys and will respond to such requests within 30 days.   You cannot delete Survey response data after a Survey has been completed and you have been promised compensation.  After Survey response data has been anonymized, we can no longer access or delete any Personal Information provided in survey responses. We also may not accommodate a request to change information if we believe the change would violate any law or legal requirement.  If you are a Client, you may also send us an email to request access to, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information as a Client except by also deleting your account.  Notwithstanding a request to delete we may maintain archival copies of certain information for business and legal compliance purposes.

California residents may have additional Personal Information rights and choices. Please see our Privacy Notice for California residents below for more information.

Notice Concerning Do Not Track

Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers.  We are committed to providing you with meaningful choices about the information collected on our Websites for third party purposes, and that is why we provide the opt-out mechanisms described above.  However, we do not currently recognize or respond to browser-initiated DNT signals.

Data Security

We have implemented measures designed to secure your Personal Information and the consumer Survey information we receive from accidental loss and from unauthorized access, use, alteration, and disclosure.  All information you provide to us is stored on secured servers behind firewalls. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Websites. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.

GDPR Notice

In compliance with the European Union (“EU”) General Data Protection Regulation (“GDPR”), we may rely upon one or more legal bases defined in the GDPR to collect, use, share and otherwise process the Personal Information of individuals located in the EU, including where:

• Necessary to perform a contract we have with you, such as our terms of engagement, and to provide the services;
• You have consented to the processing (in which case you may revoke your consent at any time);
• Necessary for us to comply with a legal obligation, or to establish, exercise or defend legal claims;
• Necessary to protect your vital interests or those of others;
• Necessary in the public interest; and
• Necessary for the purposes of Company’s or a third party’s legitimate interests, provided that those interests are not overridden by your interests or fundamental rights and freedoms.

Where we collect, use, disclose and otherwise process your information based on legitimate interests, we may rely on the following interests:

• Marketing our products: We use your information as necessary to pursue our legitimate interests in marketing our products to you. For example, where permitted by digital marketing law, we may contact you by email to let you know of products you might be interested in.
• Providing, improving and developing our products: We use your information as necessary to pursue our legitimate interests in tailoring and improving our products. For example, we may send you a survey or questionnaire to understand your experience in purchasing from us.

If you are located in the EU, under certain circumstances, you may have certain legal rights under the GDPR, including:

• To access the Personal Information we maintain about you;
• To receive information about how we process your Personal Information;
• To correct your Personal Information;
• To have your Personal Information erased;
• To object to or restrict how we process your Personal Information;
• To request your Personal Information be transferred to a third party; and
• To withdraw any consent you may have given us to process your Personal Information.

If you are an EU resident, you have the right to object to our processing that is based on legitimate interests by contacting us at the address or number below. If you are located in the EU and you believe that we have infringed your rights under the GDPR, please contact us by sending an email to privacy@bera.ai.

You have the right to lodge a complaint with a supervisory authority, in particular in your applicable Member State.

BERA Brand Management, Inc. Privacy Notice for California Residents

Effective Date: July 19, 2021

Last Reviewed on: July 19, 2021

This Privacy Notice for California Residents applies solely to all clients, visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this notice. 

The CCPA grants rights to California consumers as follows:

• The right to know what Personal Information is collected, used, shared, or sold, both as to the categories and specific pieces of Personal Information; 
• The right to delete Personal Information held by businesses and by extension, a business’ service provider; 
• The right to opt-out of sale of personal information; and
• The right to non-discrimination in terms of price or service when a consumer exercises a privacy right under CCPA.

The data we collect through Surveys is not subject to CCPA because it is de-identified aggregate data. In other words, we do not hold the requisite information to link this data to a specific person.

Information We Collect

We collect Personal Information via our Websites, but not through our Surveys. In particular, we, through our Websites, have collected the following categories of Personal Information from our consumers within the last twelve (12) months: 

• Identifiers – names, aliases, postal addresses, telephone and mobile phone numbers, and email addresses.
• Internet or other similar network activity – Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

We collect this information both from our clients and visitors to our Websites.

Personal Information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
  - health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  - personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the categories of Personal Information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete.
• Indirectly from you. For example, from reports of your activity on our Websites.

Use of Personal Information

We may use or disclose the Personal Information we collect for one or more of the following purposes: 

• To provide our services and our Websites to you if you are a client or fulfill any purpose for which you provide it.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Websites or services we offer if you are a client or in response to a request for information on the services we provide.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Websites’ users is among the assets transferred. 

We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing you notice.

We may also use your information to contact you about our own services that may be of interest to you. If you do not want us to use your information in this way, please email us at privacy@bera.ai.

Your Rights and Choices 

The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability 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. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of Personal Information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose for collecting that Personal Information.
• The categories of third parties with whom we share that Personal Information.
• The specific pieces of Personal Information we collected about you (also called a data portability request).
• If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
  - sales, identifying the Personal Information categories that each category of recipient purchased; and 
  - disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Deletion Request Rights 

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. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. 

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: 

• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by: 

• Emailing us at privacy@bera.ai; or
• Sending a letter to BERA Brand Management, Inc. at 135 E. 57th St., 15th Floor NY, NY 10022.

Only you, or someone legally authorized 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 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.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. 

Making a verifiable consumer request does not require you to create an account with us. 

We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within thirty (30) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option. 

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. 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 useable 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. 

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Policy

It is our policy to accompany any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the home pages of the Websites. If we make material changes to how we treat Personal Information, we will notify you by email to the primary email address specified in your account if you are a client and/or through a notice on the Websites’ home pages if you are a visitor. The date the Privacy Policy was last revised is identified at the top of the page. Clients are responsible for ensuring we have an up-to-date active and deliverable email address, and for periodically visiting our Websites and this Privacy Policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: privacy@bera.ai.