Privacy Policy - Berkshire Global Advisors

General
Your privacy is important to us, and this Privacy Policy (“Privacy Policy”) will tell you what information we collect, how we protect it, and what choices you have about how the collected information is used. For purposes of this Privacy Policy, “we”, “our”, and “us” refers to Berkshire Capital Securities LLC (“Berkshire Capital”). The words “you” and “your” refers to each user of the website located at www.berkcap.com (“Site”). All capitalized terms used but not defined herein shall have the meanings set forth in the Terms of Use.

Information We Collect and Why

Personal Information
Personal information is information that, at the time of its disclosure, can either identify, describe or be associated with an individual, and includes: first and last name, a home or other address, an email address, a telephone number, and occupation (“Personal Information”). Berkshire Capital only collects Personal Information that you choose to share with us, such as when you contact us via the Site.

Email Addresses
Other than as described in this Privacy Policy, we do not rent, share, or exchange your email addresses. Subject to other provisions contained in this Privacy Policy, email addresses voluntarily given to us or collected from email comments are never shared. We do use these addresses for our own electronic correspondence purposes. You can choose to stop receiving such electronic correspondence from Berkshire Capital by simply sending us an email through the “Contact Us” button with the message “Opt Out” in the Subject line. To reach the “Contact Us” button on the Site, you may click here.

Automatically Tracked Information
The Site automatically tracks certain information, such as your domain name, browser type, and pages accessed, while visiting the Site. This information is aggregated in non-personally identifiable form and is used for marketing purposes and for monitoring the traffic our Site is generating. This gives us valuable information on which pages are visited most frequently, and which outside links are being utilized most. We use this data to improve the Site and your experience on it. We do not monitor navigation patterns outside of our Site, but we do gather information on referral sites that send visitors to us.

Sharing Information with Affiliates and Service Providers
Subject to applicable law, we and our Service Providers (as defined below) may disclose your Personal Information:

To unaffiliated third parties that are under contract to perform services for or on behalf of Berkshire Capital (“Service Providers”), including, webmasters, information technology specialists, and the like. Service Providers are required to uphold and maintain policies with respect to privacy and the treatment of your Personal Information; and

To other persons, including law enforcement officials, as permitted or required by applicable law or regulation.

Any access to such information will be limited to the purpose for which such information was provided to the affiliate, Service Provider or law enforcement official. In addition, federal, state and foreign laws give people with governmental, regulatory or supervisory responsibility, and those involved in lawsuits and other legal proceedings, the right under certain circumstances to obtain information from us, our affiliates and from our Service Providers, including your Personal Information. Subject to our professional standards, you should understand that Berkshire Capital, our affiliates and Service Providers will comply with these laws to the extent we and they are required to do so.

Sale or Transfer of Information
In the event of a sale, merger, liquidation, dissolution, or transfer of part of the business, trade or assets of Berkshire Capital and/or any of its individual affiliates, all information, including without limitation, Personal Information collected about you via this Site may be sold, assigned, or transferred to the party acquiring all or substantially all of the equity or assets or business of Berkshire Capital and/or our affiliates. Subject to your election to opt out as described below, by using this Site, you consent to the sale and transfer of your information as described in this paragraph.

Cookies
This Site uses cookie technology. Cookies are pieces of information downloaded to your computer by our web server. These cookies are used for referral tracking, and to track your navigation patterns through our Site. These cookies give us information on what site sent you to us and what pages you are viewing on the Site.

Children
Our Site is not generally intended for use by children under the age of 13, and Berkshire Capital does not knowingly collect Personal Information from children in this age group.

Third-Party Web Sites
This Privacy Policy applies only to www.berkcap.com. This Site may contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy policies of each and every web site that collects Personal Information.

Security
We maintain physical, electronic, and procedural safeguards to help guard Personal Information. Please be aware, however, that any email or other transmission you send through the Internet cannot be completely protected against unauthorized interception.

Changes to the Privacy Policy
We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy. Please note that our rights to use Personal Information will be based on the privacy policy in effect at the time the information is used.

Contact Information
For questions or changes regarding privacy or your mailing list status, please reach us through the “Contact Us” button, or at the following mailing address:

Berkshire Capital Securities LLC
527 Madison Avenue, 3rd Floor,
New York, NY 10022

Australian Privacy Policy
Berkshire Capital Australia Pty Ltd ABN 53 619 895 920 AFSL 504088 (Berkshire or we or us) is bound by the Privacy Act and will protect your personal information in accordance with the Australian Privacy Principles. These principles govern how we can collect, use, hold and disclose your personal information.

What kinds of personal information do we collect and hold?
When you engage us for of our services, we may collect information that is necessary to be able to provide you with the services. For instance, we may ask for identification information such as your name, address and date of birth.

Why do we collect, hold, use and disclose personal information?
The main reason we collect, use, hold and disclose personal information is so we can service your request concerning the services. This may include:

Checking your eligibility for the services;

Providing you with the services; and

Helping you manage your engagement in the services.

How do we collect personal information?
We collect most personal information directly from you. Sometimes we collect personal information about you from other people such as publicly available sources of information.

How do we hold personal information?
Much of the personal information we hold will be stored electronically and securely by us at our offices. We use a range of security measures to protect the personal information we hold.

Who do we disclose your personal information to, and why?
Sometimes we may disclose your personal information to organisations outside Berkshire. For example, to professional advisors to provide the services.

Do we disclose personal information overseas?
We may disclose your personal information to recipients located outside Australia. These entities may include our service providers.

Where our Services to you includes referral to Berkshire Global Advisors LP and Berkshire Capital Securities LLC, we may pass on your personal information to these overseas entities as part of our service.

However you acknowledge that, by agreeing to the disclosure of your personal information to these entities outside of Australia, we will not be liable to you for any breach of the Australian privacy law by these overseas recipients. Although Berkshire has no control over, and is not responsible for, the privacy practices of these overseas entities, please refer to the US and UK privacy policy disclosures as detailed on their respective entity websites. On this basis, you consent to such disclosure.

Do we use or disclose personal information for marketing?
We may use your personal information to offer you services that we believe may interest you. We will not do this if you tell us not to.

If you don't want to receive marketing offers from us, please contact us on the details listed at 'Contact us'.

Access to and correction of personal information
You can request access to the personal information we hold about you. You can also ask for corrections to be made. To do so, please contact us on the details listed at 'Contact us'.

What do we do if there has been a breach of your personal information?
If there has been an eligible breach of your personal information, we will respond to actual or potential data breaches quickly through its notification processes. Eligible breaches include:

unauthorised access or disclosure of personal information; and

information that is lost in circumstances where unauthorised access or disclosure of personal information has occurred.

If we suspect there has been an eligible breach, then the Office of the Australian Information Commissioner (OAIC) will be notified to ensure that your personal information is protected.

Resolving your privacy concerns and complaints - your rights
If you are concerned about how your personal information is being handled or if you would like to make a complaint, please contact us on the details listed below.

If you are unhappy with our response, there are other bodies you can go to.

Contact us
If there is anything you would like to discuss, please contact us. If you have any questions or concerns about our privacy policy or practices, please contact us on +61 402 336 228 or at Level 9, 28 Margaret Street, Sydney NSW 2000.