Your Rights and Choices
The CCPA provides California resident consumers 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. If you are a customer of one of our clients, BerkOne will turn your request over to that client and your response will come from them.
If you are a direct-to-consumer client of BerkOne, i.e. we bill you directly, then once we receive and confirm your verifiable consumer 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 or commercial purpose for collecting or selling 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 did not sell or disclose your personal information in the last 12 months, we will confirm that.
- 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.
Note: As of the date of this PRIVACY NOTICE FOR CALIFORNIA RESIDENTS, BerkOne has no direct-to-consumer customers.
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. If you are a customer of one of our clients, BerkOne will turn your request over to that client and your response will come from them.
If you are a direct-to-consumer client of BerkOne, i.e. we bill you directly, then once we receive and confirm your verifiable consumer request, 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 clients or our service providers 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.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with client directed data retention requirements.
- 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.
- Conform to technical recommendations or requirements to ensure data security and validity.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request by either:
- If you are a customer of one of our clients, make the request to that client and your response will come from them.
- If you are a direct-to-consumer client of BerkOne, i.e. we bill you directly, complete a contact form on berkone.com and use the comment section to provide your request.
- If you are a direct-to-consumer client of BerkOne, you may call toll-free: 866-396-8194, option 2.
Only you or a person registered with the California Secretary of State that you authorize 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 our client or 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.
Neither we nor our client(s) can respond to your request or provide you with personal information unless the following can be confirmed: your identity or authority to make the request and that the personal information relates to you. Making a verifiable consumer request does not require you to create an account with BerkOne, but our client may require it. 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
If you are a customer of one of our clients and submit a request to BerkOne which in our determination should be handled by that client, then we will forward to that client within 5 business days. Once we forward to our client, the client will be responsible for replying to you.
If you are a direct-to-consumer client of BerkOne, i.e. we bill you directly, we will respond to a verifiable consumer request within 45 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. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, 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 receipt of the verifiable consumer 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 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.
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.
Unsubscribing and Saying No To Sale Of Personal Information
- If you submit an “Unsubscribe” request on our website, we will no longer contact you which satisfies our responsibility to avoid requesting opt-in consent for 12 months after a California resident opts out (Cal. Civ. Code §1798.135(a)(5)).
- We do not provide a form on our website where consumers can opt out of the sale of their personal information because BerkOne policies prohibit the sale, sharing, or unauthorized distribution of personally identifiable information to third parties (Cal. Civ. Code §1798.102).
Changes to Our Privacy Notice
We reserve the right to amend this notice at our discretion and at any time. When we make changes to this notice, we will notify you through a notice on our website.
If you have any questions or comments about this notice, our PRIVACY Notice, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please contact us at:
Website: www.BerkOne.com and complete the contact form.
Telephone (Toll Free): 866-396-8194, Option 2
Client Services Department
1530 Valley Center Parkway
Bethlehem, PA 18017
For more information on CCPA, please visit this California Legislative Information website: https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201720180AB375