Privacy Policy
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. Set forth below is a summary of the policies and procedures we follow to protect the confidentiality of the personal information that you provide to us through our Websites https://www.birkman.com, https://direct.birkman.com, https://q.birkman.com, and https://my.birkman.com (collectively, the “Websites”), by phone, email or in writing. These policies and procedures, including the GDPR Compliance for Birkman International: Notice of Additional Rights for European Union, United Kingdom and European Economic Area Residents, are referred to collectively as the “Privacy Policy.”
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 and fax numbers, invoicing history, spoken language, education level and area of study, age, gender, ethnicity, employment status, detailed employment information (position title, dates hired, etc.), Birkman Learning System training history, Birkman account ID numbers, 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.
Information Collected From Our Websites
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.
Our Websites have specific areas where you can purchase products and services, register for training classes, and update your contact information. As part of the purchase and registration process, we may request 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”)). Financial Information may be shared with third parties for verification, processing, and fraud detection purposes only.
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.
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.
Upon your first visit to our website, 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.
In addition to the information we collect from cookies, we also obtain information that you provide to us online. Contact information from online forms is used to process orders, register for training classes, and pay for goods and services. We also collect and use contact information in connection with the dissemination of newsletters, research reports, case studies, and marketing materials. We may conduct research surveys during which non-personally identifiable information is collected exclusively for purposes of the survey unless otherwise stated. You may opt-out of receiving any of our surveys, newsletters, reports, or marketing materials by sending an email to: connect@birkman.com and specifying which items you would no longer like to receive or by using the unsubscribe feature on the materials we distribute.
Purpose for Which Personally Identifying Information is Collected and Used
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”, 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 which 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 do not barter, trade, or sell access to your Personally Identifying Information, other than with your written permission, as set forth below.
Consent to Collect, Use, and Limited Disclosure of 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.
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.
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 Site 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 Websites terms of service; and (6) permit us to pursue available remedies or limit the damages that we may sustain.
Children’s Information
We do not solicit or intentionally collect data from persons under 16 years old nor do we publish content that is targeted at anyone under 16 years old. We do not knowingly collect personal information from children under 16. If you are under 16, you may not use any of our Websites. If you become aware that your child has provided us with personal information, without your consent, then please contact us using the details below so that we can take steps to remove such information and terminate any account your child has created with us.
Data Integrity
Birkman takes reasonable steps to ensure that the Personally Identifying Information it maintains is reliable for, and relevant to, its intended use. We also ensure that such Information is accurate, complete, and current.
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. We suggest you read their privacy policies before providing Personally Identifying Information.
Customer Testimonials and Comments
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.
Security and Retention
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. 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 of time.
Changes to 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 period of time 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.
We regularly review our compliance with this Privacy Policy and verify that it is accurate, comprehensive for the information intended to be covered, prominently displayed, fully implemented, and accessible and in conformance with the Privacy Shield Framework. As of July 16, 2020, we no longer rely on the EU-US Privacy Shield to transfer EEA and UK personal information to the U. but continue to apply the Privacy Shield Principles to personal data we received from the EEA and UK in reliance on the Shield. 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.
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 European Union (“EU”), United Kingdom (“UK”) and European Economic Area residents (“EEA”).
Changes to this Privacy Policy
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.
