Birkman International, Inc., its subsidiaries, and its affiliated entities throughout the world (collectively, “Birkman,” “we,” “us,” or “our”) is committed to protecting the privacy of your personal information. This privacy policy (“Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit our websites listed below and/or use our other tools, technology, social media accounts, mobile applications and/or participate in our SMS Program and other programs (collectively the “Platform”), and our practices for collecting, using, maintaining, and protecting that information.
This policy applies to information we collect:
- On the website https://www.birkman.com, https://direct.birkman.com, https://q.birkman.com, and https://workspaces.mybirkman.com.
- In email, text, SMS messages, and other electronic messages between you and Birkman.
- Through interfaces that you use to gain access to, or when you use any of our Platform.
- Through interactions with social media platforms connected to our Platform.
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 Platform. By accessing or using our Platform or our services, you agree to this Privacy Policy. This policy may change from time to time (see Changes to Privacy Policy). Your continued use of our Platform after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
For residents of the European Union (“EU”), United Kingdom (“UK”) and European Economic Area residents (“EEA”), please see Birkman International’s Privacy Policy for EU, UK, and EEA Residents.
Personal Information We Collect About You
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual (collectively “Personally Identifying Information” or “personal information”).
The Personally Identifying Information we collect from our customers may include full name, referral name, company name, mailing addresses (city, state, zip, country), email addresses, phone numbers, invoicing history, spoken language, education level and area of study, age, gender, ethnicity, employment status, detailed employment information (position title, dates hired, etc.), learning management system (LMS) training history, Birkman account ID numbers, last four digits of credit card, and food allergy information.
The Personally Identifying Information we collect on respondents of the Birkman questionnaire is much more limited and may include email address, country, language, first and last name, zip/postal code, education information, gender, the purpose for taking the assessment, year born, ethnicity, employment status and employment details (job title, years worked, organization size, employer name, full- or part-time, seeking, not seeking, not able to work, retired). When someone completes a Birkman questionnaire, this constitutes agreement to provide Personally Identifying Information to Birkman.
How We Collect Personal Information About You
We collect personal information about you:
- Directly from you when you voluntarily provide it to us.
- Automatically as you navigate through the Platform and from your browser or device. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
- From third parties, for example, our business partners, service providers or other websites.
- Records and copies of your correspondence (including email addresses), if you contact us or submit an online request.
- Through an account profile, if you create one with us.
- Through information you upload to the Platform.
- Contact information from online forms in order to process orders, register for training classes, and pay for goods and services.
- Contact information in connection with the dissemination of newsletters, research reports, case studies, and marketing materials.
- Directly from you to conduct research surveys during which non-personally identifiable information is collected exclusively for purposes of the survey.
- Through customer testimonials and comments.
A. Information You Provide to Us
The information that you provide to us through our Platform may include:
- Information that you provide by filling in forms on our Platform. This includes information provided at the time of using our service or requesting further services. We may also ask you for information when you request an assessment, purchase our products or services, talk with our employees, or when you report a problem with our Platform.
- Records and copies of your correspondence (including email addresses) if you contact us.
- Contact information (such as name, mailing address, and email address) and financial information (last four digits of credit card number and expiration date (“Financial Information”)) for the purchase or products and services.
- Details of transactions you carry out through our Platform and of the fulfillment of your orders. You may be required to provide Financial Information before placing an order through our Platform.
- Information pertaining to account registration if you elect to create a profile with our Platform.
B. Information We Collect About You Automatically
As you navigate through and interact with our Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns.
We may log a user’s computer IP address, browser type and version, domain, and operating system when a user visits our websites. IP addresses may in some cases be linked to Personally Identifying Information. We use the tracked information, including IP addresses, to help diagnose problems with our servers, administer our websites and ensure the security of our network.
We may place a piece of information known as a “cookie” on your computer when you visit our websites. Cookies are commonly used by websites to improve the user’s experience. We may use cookies for several purposes – for example, to maintain continuity during an extended user session or to gather data about the usage of our websites for information technology, sales and marketing, and other corporate purposes. Cookies have not been known to transmit computer viruses or otherwise harm computers. Many cookies persist only through a single session or visit, but others may have an expiration date or may remain indefinitely on a computer until deleted.
C. Third-Party Use of Cookies and Other Tracking Technologies
Our cookies will track only your activity on our websites and will not track your other Internet activity. Our cookies do not gather Personally Identifying Information or Financial Information. We may occasionally use third parties to set cookies on our websites and gather cookie information for us or to operate web servers.
D. Third Party Disclosure
We do not barter, trade, or sell access to your Personally Identifying Information, other than with your written permission, as set forth below in Section 6 Consent to Collect, Use, and Limited Disclosure of Personally Identifying Information. Financial Information may be shared with third parties for verification, processing, and fraud detection purposes only.
How We Use Your Information
Our websites are the principal means by which individuals access THE BIRKMAN METHOD® assessment. The assessment is comprised of a questionnaire of approximately 300 questions and a series of reports derived from the responses to these questions. Individuals take THE BIRKMAN METHOD assessment on their own initiative or at the request of an employer, a prospective employer, educational, religious, or not-for-profit organization, or other groups (a “Sponsoring Organization”). In connection with our Privacy Policy, consultants and consulting firms that help administer THE BIRKMAN METHOD assessment are considered to be Sponsoring Organizations. Of the Personally Identifying Information collected from you, only the assessment results (“Assessment Results”), specifically your name, gender, and email address, and the reports about you generated in connection with THE BIRKMAN METHOD assessment, are accessible by the Sponsoring Organization.
For research purposes, we may aggregate your responses with the responses of other individuals to develop group norms, conduct validation studies, perform statistical analysis, develop new products and services, and otherwise improve our assessments. In these cases, your age, gender, and other personal information may be used to create only aggregated results that may be included in reports that are published or otherwise disseminated, and which can in no way be linked to your Personally Identifying Information. You may at your option elect to provide personal information in connection with participation in future research initiatives (for example, providing an e-mail address to participate in follow-up research).
We post customer testimonials and comments on our websites, which may contain Personally Identifiable Information. We obtain each customer’s consent via email prior to posting the customer’s name and testimonial.
We may also use information that we collect about you or that you provide to us, including any personal information:
- To present our Platform and its contents to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you request or allow.
- To provide the products and services you request.
- To understand whether our users read e-mail messages and click links within those messages.
- To prevent potentially prohibited or illegal activities, comply with applicable law and enforce our Terms of Use.
- To notify you about changes to our Platform or any products or services we offer or provide through it.
- To allow you to participate in interactive features on our Platform.
- In any other way, we may describe when you provide the information.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- For any other purpose with your consent.
Disclosure of Your Information
We may disclose aggregated information about you that does not identify any individual without restriction.
We may disclose Personally Identifying Information about you if such disclosure is required by federal, state, local or foreign law, statute, or regulation. In such cases, we will use commercially reasonable efforts to disclose only the information required by law. We may also disclose your personal information to enforce or apply our Terms of Use and other agreements, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
In the event there is a change in Birkman’s corporate structure, including, without limitation, merger, consolidation, or transfer of substantial assets, Birkman may, in its sole and absolute discretion, transfer information collected, including, without limitation, aggregated information and Personally Identifying Information, to one or more of such affiliated or unaffiliated successors to Birkman’s business. Transfer will only be to a country whose legal regime provides an “adequate” level of personal data protection or otherwise in accordance with applicable law. Any affected users will be notified via our Platform or email.
Birkman may also retain and disclose Personally Identifying Information in order to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal processes; (4) protect the rights, privacy, safety or property of Birkman, website visitors, clients or the public; (5) enforce our website Terms of Use; and (6) permit us to pursue available remedies or limit the damages that we may sustain. Birkman is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
Consent to Collect and Use Personally Identifying Information
When taking The Birkman Method assessment at the request of a Sponsoring Organization, your participation indicates your consent to the disclosure of the Assessment Results only to that Sponsoring Organization. In addition, access to your Personally Identifying Information may be used by our employees in connection with the administration of The Birkman Method assessment. In providing your Assessment Results to Sponsoring Organizations, we will not disclose your answers to particular questions but will provide computer-generated reports derived from your responses by means of our proprietary process.
Except as provided below for purposes of corporate restructuring, compliance with applicable law, legal process, or enforcement, your Personally Identifying Information will not be transferred or disclosed by Birkman to a third party (other than a Sponsoring Organization, if applicable) without your express written consent. Permission may be in the form of (i) an email addressed to support@birkman.com, which must be sent from the email address associated with your name in our database, or (ii) your signature on the Birkman Report Release Authorization Form, which may be mailed to: Birkman International, Inc., 9090 Katy Fwy, Bldg. 450, Houston, Texas, 77024, Attention: Support. Charges may apply in connection with any such transfer and release.
Your Choices About How We Use 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:
- Tracking Technologies and Advertising. Upon your first visit to some of our websites, you can decide if and how your computer will accept cookies by configuring your preferences using a clear “Accept” or “Decline” notice. You have the right to revoke prior consent at any time.
- Offers from the Company. You may opt-out of receiving any of our surveys, newsletters, reports, or marketing materials by sending an email to: connect@birkman.comand specifying which items you would no longer like to receive or by using the unsubscribe feature on the materials we distribute.
Links to Other Websites
Our websites may contain links to other websites. We have no control over the privacy practices of other websites, nor should any link be considered an endorsement of other websites’ privacy practices. As such, we do not control third parties collection or use of your information. However, these third parties may provide you with ways to not have your information collected or used in a way you do not want. Thus, we strongly suggest you read their privacy policies before providing Personally Identifying Information.
Children’s Information
Our Platform is not intended for persons under 16 years of age. No one under age 16 may provide any personal information to or on our Platform. We do not knowingly collect personal information from anyone under 16. If you are under 16, do not use or provide any information on our Platform or through any of its features, register on the Platform, make any purchases through the Platform, use any of the interactive or public comment features of our Platform, or provide any information about yourself to us, including your name, date of birth, 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 person under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 16, please contact us at privacy@birkman.com or through the contact information set forth in the Us section below.
Data Security
Birkman takes commercially reasonable procedural, physical, and electronic measures to protect your information from loss, misuse and unauthorized access, disclosure, alteration, and destruction. We protect your information during electronic transmission by using the Transport Layer Security (TLS) protocol, which encrypts the information that you transmit to us and the information that we transmit to you. We also take appropriate physical safeguards to protect your information while in storage and in our office. We restrict access to information collected about you at our websites to our employees or others who need to know that information to provide services to you or in the course of conducting our normal business operations.
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 Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Platform like message boards. The information you share in public areas may be viewed by any user of the Platform.
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 Platform. 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 Platform.
Retention Policy
We may retain your Personally Identifiable Information, contact information or other information you may provide to us for so long as required by law, as necessary to provide services and conduct research, which may be for an indefinite period.
Accessing and Correcting Your Personally Identifiable Information
You have the right to review the Personally Identifying Information that we maintain about you and to correct, amend, or delete that information where it is inaccurate. Our ability to provide you with access to your Personally Identifying Information is dependent on the completeness and accuracy of the information that you provide to us. For continued access, you are, and Birkman is not, responsible to contact us in the following manner to update and maintain the accuracy and completeness of your information. Requests may be made by email to our Privacy Officer, Beverly Martin, at privacy@birkman.com. The email request must be followed up with written proof of identity, which should be a copy of your current driver’s license, passport, birth certificate, or national identity card. Information about where to send such proof of identity will be forwarded to you in response to your email request, along with information about any associated fees, and the anticipated response time.
Emails, Questions, Complaints, and Disputes
We welcome your email messages to mailboxes listed on our websites. We will share your messages with those within our organization who are most capable of addressing the issues contained in your message. We will keep a copy of your message until we have had an opportunity to address your concerns. We may archive your message for a certain time period or discard it.
If you have taken The Birkman Method assessment at the request or under the aegis of a Sponsoring Organization, you should submit complaints concerning the use of your Personally Identifying Information to that Sponsoring Organization in accordance with its policies and procedures, including its dispute resolution mechanism, if any. We will participate in your Sponsoring Organization’s dispute resolution process upon your written request.
In situations where the Sponsoring Organization’s dispute resolution mechanism is not available, and, in all cases in which a Sponsoring Organization is not involved, you should communicate all complaints, concerns or questions regarding the subject matter of this Privacy Policy to our Privacy Officer, Beverly Martin, at: privacy@birkman.com. Please include your name, address and phone number or e-mail address in all communications to us and state clearly the nature of your complaint, concern, or question.
International Transfer of Information
We may transfer personal information to third parties located in other countries or receive personal information from third parties located in other countries. We will ensure the necessary steps are taken to give adequate protection to such information as required by the relevant data privacy laws.
Please visit our webpage GDPR Compliance for Birkman International: Notice of Additional Rights for European Union, United Kingdom and European Economic Area Residents for the additional rights available to EU , UK and EEA residents.
EU-US and Swiss-US Privacy Shield
We do not rely on the Privacy Shield as mechanism to comply with EU data protection requirements for any transfers of personal data from the European Union to the United States; however, we continue to keep our obligations under the EU-US Privacy Shield Framework. To this end, Birkman complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Birkman has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
Any concerns related to this Privacy Policy should be addressed in writing to the Privacy Officer identified above, and we will take steps, consistent with applicable law, to address and to remedy any compliance issues identified by you, if necessary.
If we fail to respond in a reasonable period of time or you are not satisfied with our response, you may pursue the matter by filing a claim with the international division of the American Arbitration Association (ICDR-AAA). Information about this organization and the relevant procedures can be found on the ICDR-AAA EU-US Privacy Shield and Swiss-US Privacy Shield Program Independent Recourse Mechanism (IRM) website: (http://go.adr.org/privacyshield.html). Arbitration will be conducted by telephone, email, or other electronic means of communication, or via a “documents only hearing.” The services of ICDR-AAA are provided at no cost to you. If a complaint or dispute cannot be resolved by Birkman or ICDR-AAA, You may, under limited circumstances, invoke binding arbitration.
Changes to this Privacy Policy
It is our practice to post any changes we make to our policy on this page. We may change this Privacy Policy from time to time and at any time. When we do, we will also revise the “last updated” date at the bottom of this Privacy Policy and post notification of a change on the websites. You should review this Privacy Policy regularly for changes.
Contact Us
To ask questions, comment on, or to register a complaint or concern about this Privacy Policy and our privacy practices, or to request information relevant to your personal information, contact us at:
Address: Birkman International, Inc.
Attn: Privacy
9090 Katy Fwy, Bldg. 450
Houston, TX 77024
Phone No. (713) 623-2760
Email: privacy@birkman.com
