Privacy Policy
I. Introduction
The Berglund Group, Inc. (“Berglund Group,” “we” or “us”) respects your privacy and is committed to collecting, maintaining and using personal information about you responsibly. This Privacy Policy (the “Policy”) applies to all of your use of www.berglundgroup.com (the “Site” or “Website”).
This Policy describes how your personal information will be treated as you use the Website. This Policy does not apply to information provided to us in the course of our attorney-client relationships or which is protected by confidentiality, the attorney-client privilege, the attorney work product doctrine or any other applicable protection. Nothing in this Policy should be understood as creating an attorney-client relationship with visitors to the Website or, alternatively, to reduce of the protections resulting from such relationships.
Berglund Group may from time to time update this Privacy Policy by posting an updated version of the Privacy Policy to the Website. The date on which this Privacy Policy was last updated is set forth above. Your use of the Website after any updated version is posted means that you accept and understand such updated Privacy Policy. In addition, the Website makes use of cookies as described in further detail below.
We may also process additional categories of Personal Data/Information which we receive from our clients during our legal representation of such clients. However, such processing is on a case-by-case basis at the direction of our clients, subject to our client agreements and professional responsibilities, and is not covered by this Privacy Policy.
This Privacy Notice explains how and why we collect, use, share, and store information, including Personal Information, and covers our interactions with you when we receive or collect information from or about you, including when you visit our websites, request or receive professional services, participate in our educational or marketing events, request information from us, or when you otherwise provide information to Berglund Group (collectively, the “Services”).
This Privacy Policy inform users about our policies and procedures regarding the collection, use, processing, deletion, security, and disclosure of personal data and information that is subject to protection under applicable data protection, data privacy and data security laws, including the California Consumer Privacy Act (as amended, the “CCPA”) and the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) (such data and information collectively, “Personal Data”).
“Personal Information” is information that reveals your specific identity or directly relates to you as an individual. Personal Information we collect may include your name, postal address, email address, phone number, IP address, account username and password.
II. Information Collected
We may collect the following Personal Data when you visit the Website or otherwise provide us with Personal Data in connection with the Website:
Personal Data you provide when you complete forms available on the Website;
Personal Data you provide when you contact us;
Details of visits to the Website, including the volume of traffic received, logs and the resources that you have accessed and the devices you have used to access such information;
Personal Data you provide in connection with your application for employment with Berglund Group; and
Personal Data relating to you or your employees and officers that you provide to us to enable us to provide services to you and to comply with our legal obligations (including with respect to know your customer requirements and anti-money laundering screening).
The categories of Personal Data we have collected from individuals pursuant to this Privacy Policy over the last twelve (12) months include the following:
Identifiers, such as name, contact details and address (including physical address, telephone number, email address and Internet Protocol address, which we may use to identify your geographic location);
Professional information, non-public education information and certain information related to protected classification characteristics (e.g., age, race and gender) collected in connection with our recruiting activities or your participation in our alumni network and related events; and
Internet or other electronic network activity information, such as information regarding your use of the Website (e.g., cookies, browsing history and/or search history), as well as information you provide to us when you correspond with us in relation to your inquiries.
How we obtain your Personal Data
In connection with operating the Website, we obtain your Personal Data from the following sources:
(a) Information from your communications with us in connection with the Website or other services, events, publications or programs that we are offering, including any updates to such information provided by you;
(b) Information captured on the Website, including information provided by you through online forms and any information captured via cookies;
(c) Information that you provide us at the start of our engagement with you, or during the course of us providing services to you;
(d) Information that you provide us in conjunction with your application for employment; and
(e) Information that we collect from publicly available sources. This will generally include information collected in an online or offline context.
Information We Collect Automatically:
We use automatic data collection and analytics technologies to collect aggregate and user-specific information about your equipment, domain name, patterns of use, communication data and the resources that you access and use on the Services, including your IP address, unique identifiers, log files, browsing and navigation patterns. This information is used to improve our Services.
Cookies, Web Beacons, Links, And Other Tracking Technologies: Berglund Group may keep track of how you use and interact with the Services through the use of cookies, web beacons, links, and other tracking technologies. We do this to help analyze the use of and improve the Services. Through these technologies we may automatically collect information about your use of the Services and other online activities, including our email correspondences, third-party services, and client applications, and certain online activities after you leave the Services. Link information is generally only analyzed on an aggregate basis. Some Services may not function properly if you disable cookies. Such data may include analytics information, sites visited before visiting the Services, browser type, operating system, and tracking of your interactions with our content and emails.
Analytics Information: We use data analytics to ensure site functionality and improve the Services. We use mobile analytics software to allow us to understand the functionality of the Services on your mobile device. This software may record information such as how often you use the Services, what happens within the Services, aggregated usage, performance data, app errors and debugging information, and where the Services were downloaded from. We do not link the information we store within the analytics software to any Personal Information that you submit within the mobile application.
We collect Analytics Information either directly or through third parties acting on our behalf. For example, Google Analytics is one of the providers we use to collect Analytics Information. These data analytics and online advertising providers may combine and use data collected through your use of the Site with data they collect over time and across different websites for their own purposes. You can learn about how Google collects and processes data at https://policies.google.com/technologies/partner-sites. You can learn about the controls Google offers to manage the collection and use of your information at https://policies.google.com/privacy. We recommend that you review these other entities’ privacy policies.
Publicly Available Information: Berglund Group may collect information about you or your business from publicly available sources, such as LinkedIn or from credit bureaus.
III. Information Use
Your Personal Information may be used by Berglund Group for any legitimate business purpose consistent with applicable laws and regulations, including, but not limited to, operating the Services, conducting business operations, and responding to requests for information.
Berglund Group may use the Personal Information of any Services user under the following circumstances:
(a) when we need to perform a contract we are about to or have entered into with you;
(b) when we need to do so to comply with a legal obligation;
(c) when it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
(d) when it is necessary to establish, exercise or defend legal claims;
(e) if you have already made the information public; or
(f) if you have given your consent.
The particular legitimate interests upon which we rely in processing your Personal Information include the following: carrying out business intake procedures such as to carry out conflict and other business intake searches, providing legal advice to our clients, and marketing our Services.
IV. Information Sharing
When you access or use the Services, we collect, use, share, and otherwise process your Personal Information as described in this Privacy Notice. Berglund Group does not sell your Personal Information. Berglund Group will not share or otherwise disclose your Personal Information to third parties without your consent or another valid legal basis permitted by applicable laws and regulations.
Berglund Group will share your information in the following circumstances on the legal basis of the legitimate interests of providing the requested Services:
Aggregated Non-Personal Data: We may disclose aggregated, non-Personal Information received from providing the Services, including information that does not identify any individual, without restriction. Berglund Group may share demographic information with business partners, but it will be aggregated and de-personalized, so that Personal Information is not revealed.
Within Berglund Group: We may share and process information internally within Berglund Group and with our subsidiaries and affiliates. Berglund Group’s personnel may have access to your information as needed to provide and operate the Services in the normal course of business. This includes information regarding your use and interaction with the Services.
Service Providers and Third Party Vendors: Berglund Group works with various organizations and individuals to help provide the Services to you ("Service Providers" or “Third Party Vendors”), such as website and data hosting companies and companies providing analytics information. Berglund Group needs to engage such Service Providers or Third Party Vendors to help us operate, provide, and market the Services. These entities may use your information only to perform these tasks on our behalf. Information we share with our Service Providers or Third Party Vendors may include both information you provide to us and information we collect about you, including Personal Information and information from data collection tools like cookies, web beacons, and log files.
Berglund Group takes reasonable steps to ensure that our Service Providers and Third Party Vendors are obligated to reasonably protect your information on Berglund Group’s behalf. If Berglund Group becomes aware that a Service Provider or Third Party Vendor is using or disclosing information improperly, we will take commercially reasonable steps to end or correct such improper use or disclosure.
We share Personal Information with our Service Providers and Third Party Vendors on the basis of Berglund Group’s legitimate interests in providing you with the Services. Our engagement of Service Providers or Third Party Vendors is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Services operating and secure. In some other cases, these Service Providers and Third Party Vendors may not be strictly necessary for us to provide the Services, but help us make them better, for example, by helping us conduct research into how we could better serve our clients and Services users. In these latter cases, we have a legitimate interest in working with our Service Providers and Third Party Vendors to improve our Services.
Business Transactions: Berglund Group may purchase other businesses or their assets, sell our business assets, or be involved in a bankruptcy, merger, acquisition, reorganization or sale of assets (a “Business Transaction”). Your information, including Personal Information, may be among assets sold or transferred as part of a Business Transaction.
Safety and Lawful Requests: We may be required to disclose Services user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We generally do not disclose user information unless we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. We may share your information when we believe it is necessary to comply with applicable laws, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Services or using the Berglund Group name, or to protect the safety of any person. This may include sharing information with other companies, lawyers, agents, or government agencies. Nothing in this Privacy Notice is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.
V. Your Rights and Choices Regarding Your Information
Berglund Group seeks to ensure all individuals are provided with the rights mandated by their governing jurisdiction. Not all of the rights discussed herein will apply to each individual data subject and may not apply to you depending upon your jurisdiction.
Your Rights As A California Resident
Effective on January 1, 2020, the California Consumer Privacy Act (CCPA) provides consumers (California residents) with specific rights regarding their Personal Information. If you reside in California, you may exercise the following rights.
1. Access to specific information and data portability rights
You have the right to request that we disclose to you your Personal Information we have collected about you over the past 12 months from the day of your request. Once we receive and confirm your request, 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 and commercial purposes for collecting or selling that Personal Information.
The categories of third parties with whom we shared that Personal Information.
The categories of Personal Information disclosed for a business purpose in the preceding 12 months.
The specific pieces of Personal Information we collected about you.
The CCPA also requires Berglund Group to disclose information regarding the Personal Information that we collect about consumers. That information can be found at this link: California Privacy Disclosures.
2. Deletion request rights
You have the right to request that we delete any of the Personal Information data that we collected from or about you and retained, subject to certain Exceptions (as listed below). Once we receive and confirm your request, we will 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;
to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
to debug products to identify and repair errors that impair existing intended functionality;
to exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
to enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
to comply with a legal obligation; or
to make other internal and lawful uses of that information that are compatible with the context in which you provided it.
(each an “Exception” and collectively, “Exceptions”).
3. 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; or
suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
4. Exercising Access, Data Portability, and Deletion Rights
To exercise your rights described above, please submit a request to us by either:
Calling us at: +1 (323) 984-7446
Emailing us at: contact@berglundgroup.com
Only you, or someone legally authorized to act on your behalf, may make a request related to your Personal Information. You may also make a request on behalf of your minor child. 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.
You may only make a request for access or data portability twice within a 12-month period. The 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; and
describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Making a request does not require you to create an account with us. Also, we will only use Personal Information provided in a request to verify the requestor’s identity or authority to make the request.
5. Your Authorized Agent
You have the right to designate an authorized agent to make a request under the CCPA on your behalf.
6. Response Timing and Format
We will confirm that we received your request within ten (10) ten day and will respond within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing by mail or electronically.
Any disclosures we provide will only cover the 12-month period preceding our receipt of the 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 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 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.
7. Contact Us
If you have questions about this Privacy Notice, your rights under the CCPA or our practices, please contact us.
Your Rights As A European Resident
As referenced through this Privacy Notice, those residing in the EU may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your Personal Information, you can do so by contacting us. Upon request, Berglund Group will provide you with information about whether we hold any of your Personal Information. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your Personal Information. In certain circumstances, you also have the right to request the deletion of your Personal Information, and to obtain a copy of your Personal Information in an easily accessible format.
To the extent that such rights are mandated by the laws applicable to the individual data subject, such as all data subjects residing in the European Union (“EU”), the following rights may apply:
the right to access (GDPR, Article 15);
the right to rectification (GDPR, Article 16);
the right to erasure (GDPR, Article 17);
the right to restrict processing (GDPR, Articles 18);
the right of object (GDPR, Article 21);
and if applicable, the right to data portability (GDPR, Article 20).
You may also have a right to lodge a complaint with an appropriate data privacy regulatory authority (GDPR, Article 77)
We generally process Personal Information of those residing in the EU on the legal basis of Berglund Group’s legitimate interests in performing the function or service you requested. Where appropriate, we may rely on alternate legal bases, such as your consent to certain types of processing. Where we process your Personal Information on the basis of consent, we will clearly obtain your opt-in consent. Where given, you may withdraw your consent at any time by contacting us at contact@berglundgroup.com
If we process your information based on our legitimate interests as explained in this Privacy Notice, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.
Where you have provided consent to certain data processing, you have the right to withdraw that consent at any time by contacting Berglund Group at contact@berglundgroup.com. A withdrawal of consent will not affect the validity of our use of your Personal Information up until the point you have withdrawn your consent.
Access To The Information Berglund Group Has Collected About You
Berglund Group welcomes you to contact us regarding the information we have collected about you, including regarding the nature and accuracy of the data that has been collected about you, to request an update, modification, or deletion of your information, to opt-out of certain Services uses of your information, or to withdraw any consent you may have granted to Berglund Group. Please note that the rights available to you for access to your information may vary depending upon your jurisdiction. Berglund Group seeks to ensure all individuals are provided with the rights afforded by their governing jurisdiction.
Please note requests to delete or remove your information do not necessarily ensure complete or comprehensive removal of the content or information posted, and removed information may persist in backup copies. If you delete or opt-out of the collection and use of certain information certain features of the Services may no longer be available to you.
We retain the information we receive about you for as long as necessary to fulfill the purposes for which the information was collected, pursuant to contractual or legal obligations, or as otherwise required by law. In addition, we may delete your Personal Information from our systems in accordance with our data retention policies. Berglund Group may retain your information and content for a commercially reasonable time for backup, archival, and audit purposes.
Our commitment to data security
We consider the protection of Personal Data to be a sound business practice, and to that end we employ commercially appropriate organizational, physical, technical and procedural safeguards and measures to protect your Personal Data in our possession or under our control, to the extent possible, from unauthorized or accidental access and improper use.
Certain Personal Information posted by you to the Services may be accessible to the general public, and Berglund Group is not responsible for protecting such Personal Information from loss, misuse or unauthorized access, alteration, destruction or disclosure. For example, if you participate in a public forum on the Services, any information disclosed by you when doing so may be available to the general public. Also, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that your information could be lost, misused or accessed, altered, destroyed or disclosed without authorization, even if Berglund Group uses such reasonable efforts. In providing information to Berglund Group, you must assume the risk that your information could be lost, misused or accessed, altered, destroyed or disclosed without authorization. Accordingly, any information you transfer to or from Services is provided at your own risk.
VI. Additional Provisions Regarding The Services & Your Information
Transfer And Storage Of Your Information
Please note information Berglund Group collects about you may be transferred, processed and/or accessed by us in the United States, or another country where we, or our Service Providers operate. Please be aware your Personal Information may be transferred to, and maintained on, computers located outside of your state or country where privacy laws may differ from and may not be as protective as those where you live. If you are located outside the United States and choose to allow us to collect information about you, please be aware that Berglund Group may transfer your Personal Information to the United States and process and store it there.
If you are located in the European Economic Area (“EEA”) or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction, as disclosed in this Privacy Notice. It may also be processed by staff operating outside the EEA who work for us or for one of Service Providers, also as disclosed.
Electronic Communications
Whether or not you have previously sent Berglund Group an e-mail message, you consent to Berglund Group’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Services, (b) in the ordinary course of business, or (c) for any other legitimate business purpose (including, but not limited to, marketing). Since Berglund Group endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting Berglund Group using the contact information provided in this Privacy Notice or by following the directions contained in such e-mail messages or other electronic communications.
Third-Party Services
The Services may contain links to, or be accessible from, websites provided by (individually a “Third-Party Services”). Your use of a Third-Party Services will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. This Privacy Notice does not cover the privacy policies or practices of any Third-Party Services, and Berglund Group is not responsible for any information you submit to, or otherwise collected by, any Third-Party Services. Berglund Group is only responsible for information obtained by it (a) through your authorized use of the Services or (b) from other sources in the ordinary course of its business. You should consult each Third-Party Services for its Privacy Notice or practice before submitting any information to, or otherwise using, such Third-Party Services.
VII. Contact
For any questions regarding our processing of your Personal Data, or requests relating to the exercise of your rights under the GDPR, CCPA or other applicable data protection laws, please submit (or have your authorized representative submit) a request using any of the methods set forth below.
Call us using the following number: +1 (323) 984-7446
Email us at the following email address: contact@berglundgroup.com
If you are submitting a request pursuant to the GDPR, CCPA or other data protection laws, we will contact you to confirm receipt of your request and request any additional information necessary to verify your request (which may include verification of the requestor’s identity ourselves or using a third party service). We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such request (for example, the risk of responding to a fraudulent or malicious request), we may request further information in order to verify your request. We also reserve the right to verify your request through a third party verification service. You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you satisfy certain requirements set forth in the CCPA for such authorized agent to make a request on your behalf. We may verify such authorized person’s identity using the procedures above.
Our goal is to respond to any verifiable consumer request promptly and in any event within the time frame required under applicable law (if any). Please contact us at the phone number or email address above with any questions about this Privacy Policy.
Updated June, 2023