PRIVACY POLICY
Berkshire will treat any information we collect from you or which you submit to us in accordance with our privacy policies. Please see the following privacy notices for more information about our privacy policies:
- For residents of the United States: Privacy Notice for the United States
- For residents of Australia: Privacy Notice for Australia
- For residents of the United Kingdom: Privacy Notice for the United Kingdom
PRIVACY NOTICE FOR THE UNITED STATES
Introduction
Your privacy is very important to Berkshire Global Advisors LP and its affiliates (collectively, “Berkshire” or “we”, “our” or “us”). This privacy notice (“Privacy Notice”) describes the policies we follow in the United States for the collection, use, storage, sharing, disclosure (“processing”) and protection of your personal information. We generally follow these same policies in all jurisdictions in which we operate, but due to variations in local laws and customs, certain differences may apply. Please see our Privacy Notice for the United Kingdom and our Privacy Notice for Australia for more information.
Your “personal information” may mean different things under the various privacy and data protection laws that apply to our processing of your personal information in different jurisdictions, but it generally means any information that relates to, describes, identifies or can be used, directly or indirectly, to identify you as an individual.
Please note that while this Privacy Notice is posted on Berkshire’s website (the “Site”), it applies to personal information we collect through a variety of channels, including personal information collected when you:
- Visit the Site, subscribe to one of our newsletters or sign up for other mailing lists through the Site, download content from the Site, or contact us through the Site.
- Visit one of our offices.
- Investigate or apply for employment with Berkshire.
- Engage Berkshire to perform services (or when an entity with which you are associated does so) and share personal information with us to help us perform those services.
- Provide goods or services to Berkshire (or when an entity with which you are associated does so).
- Respond to one of our online advertisements or LinkedIn profiles.
- Use other applications, websites and collection points that reference this Privacy Notice.
Please note that the Site may contain links to other sites and certain content on the Site may be hosted by third parties, such as the videos on the Site that are hosted by Vimeo. We are not responsible for the privacy practices of these third-party sites.
The types of personal information we may collect and how we collect it
Depending on the channel through which we collect your personal information and our reason for doing so, personal information we collect about you may include:
- Identification and Contact Information: including your name, title, occupation, employer, physical address, email address, telephone number, date of birth, place of birth, citizenship, residence and work status.
- Financial Information: including your net worth, assets and liabilities, bank account information, brokerage account information, and credit history.
- Government Identifiers: including your social security numbers, taxpayer identification numbers, driver’s license information, passport information and other government issued identifiers.
- Images: including your likeness, images of your driver’s license or other identification cards, and CCTV footage of your movements. Note that this type of personal information, which may be collected when you visit one of our offices, is often collected in the first instance by the building owner or operator and may or may not be shared with Berkshire. This Privacy Notice does not apply to our building owners and operators; any personal information they collect from you will be subject to their privacy policies.
- Background Information: including your educational, employment and professional history, such as what might appear on your resume or an employment application.
- Social Media: including personal information you make available through social media channels.
- Demographic and Diversity Information: including your age, race, ethnicity, gender, sexual orientation, veteran status, citizenship, marital status and disability status.
- Marketing Information: including your communications preferences, interactions with our Site, interactions with our advertisements, usage of our services, content interests.
- Technical Information: including your browsing history, devices, browser type and plug-ins, browser version, IP address, interactions with the Site, and interactions with our advertisements.
- File Sharing: including documents, spreadsheets, records, correspondence and other files you elect to share with us by hand delivery, courier, mail, emails, electronic file sharing services and similar delivery methods.
- Voluntary Disclosures: including other sensitive personal information that you choose to share with us.
Berkshire generally collects only personal information that you elect to share with us. However, we may also obtain personal information through background checks, credit checks and other due diligence methods if you apply for employment with us, when you or an entity with which you are associated seek to engage Berkshire’s services, or when you or such an entity seek to provide goods or services to Berkshire. Certain personal information may also be collected using automated methods when you visit the Site or one of our offices, or interact with us through email or other electronic methods (see our Cookie Notice for more information).
If you provide personal information to us about another person, you should ensure that you provide that person with this Privacy Notice and comply with any legal obligations that may apply to your provision of the information to us.
How we may use your personal information
Where we have a lawful basis for doing so, we may process your personal information for various purposes, including:
- Services. Providing our services to you or an entity with which you are associated (including communications and reporting). This would include all of types of personal information described above.
- Operational and Compliance Support. Supporting our everyday operations, including meeting our legal and compliance obligations. Again, this would include all of types of personal information described above.
- Employment. Supporting our infrastructure and human resources needs, including hiring, employee payroll, employee benefits, labor law compliance and tax reporting and remittance. This would typically include the types of personal information described above under the headings Identification and Contact Information, Financial Information, Government Identifiers, Images, Background Information, Social Media, Demographic and Diversity Information, and Voluntary Disclosures.
- Business and Service Improvements. Managing and improving our services and business operations. This would typically include the types of personal information described above under the headings Social Media, Marketing Information, Technical Information, and Voluntary Disclosures.
- Marketing. Marketing of our services, such as by providing you with newsletters and other content. This would typically include the types of personal information described above under the headings Identification and Contact Information, Social Media, Marketing Information, Technical Information, and Voluntary Disclosures.
- Compliance. Complying with applicable legal or regulatory requirements (including anti-money laundering, fraud prevention, tax reporting, sanctions compliance, or responding to requests for information from supervisory authorities with jurisdiction over our business). This would typically include the types of personal information described above under the headings Identification and Contact Information, Financial Information, Government Identifiers, Images, Background Information, Technical Information and Voluntary Disclosures.
Your personal information will be processed in accordance with applicable privacy and data protection laws, rules and regulations. This may be with your consent, upon your instruction, or where we believe there is a lawful purpose for doing so.
Please note that where we require your personal information to satisfy a statutory or regulatory obligation or a contractual requirement, your failure to provide us with such information may result in us being unable to provide our services to you or to an entity with which you are associated. In addition, please be aware that if we have any suspicion of unlawful activity, we may submit personal information to relevant law enforcement agencies or supervisory authorities when required or permitted to do so.
How we may share your personal data
Our primary service is providing M&A and strategic advice to individuals and businesses in the financial services industry. To the extent we are engaged to find a buyer, seller, investor, joint venture partner or financing source for a business, our services will typically include collecting and analyzing data regarding the business, helping to prepare written and oral presentations regarding the business, analyzing offers that may be received and helping you assess those offers and the parties making them. During this process, we may collect your personal information and may communicate it to third parties to facilitate a successful transaction.
To provide these services and for the other purposes described above, we may share your personal information with the following types of third parties:
- Representatives of prospective buyers, sellers, investors, joint venture partners and financing sources.
- Our affiliates, who work with us as part of an integrated business.
- Service providers, contractors, vendors and agents (who may work for us, for you or for prospective buyers, sellers, investors, joint venture partners and financing sources). This would include:
- Attorneys, accountants, financial advisors, consultants, other professional advisors
- Software, technology, technology support and communications providers, including third parties that support the Site, analytics providers, security and fraud prevention firms, and cloud storage and backup providers.
- Governmental, regulatory and self-regulatory agencies.
- Providers of human resources services, such as payroll and benefits.
Although Berkshire may use your personal information to provide you with our own newsletters, updates and other marketing materials, and may disclose your personal information to third parties that assist us in these efforts, Berkshire will never sell or disclose your personal information to third-party advertisers.
In the event Berkshire enters into a sale, merger or other transaction that results in the transfer of all or part of our business or assets to a third party, Berkshire may disclose, sell, assign or transfer your personal information to such third party.
We may also disclose your personal information in response to court orders and inquiries from law enforcement and regulatory and self-regulatory agencies.
Finally, we will also disclose your personal information if you direct us to do so.
Our use of Cookies
This Site uses cookie technology. Please see our Cookie Notice for more information regarding how we use cookies and how you can disable or manage their use.
Retention periods and security measures
We will not retain personal information for longer than is necessary in relation to the purpose for which it is collected, subject to applicable data protection laws. How long we will hold your personal information will be determined based on: (a) the purpose of which we are using it; and (b) the legal and regulatory obligations that apply to us (these may set a minimum period during which we must retain your personal information). This will typically be no longer than seven years, unless we have a legitimate need to keep your information for a longer period, such as a need to meet regulatory or legal requirements, help detect or prevent fraud and financial crimes, deal with disputes, or comply with applicable laws and regulations. From time to time, we will review the purpose for which personal information has been collected and decide whether to retain it. As noted below under the heading “Your rights”, under certain circumstances you may have the right to require us to erase your personal information.
To protect your personal information from unauthorized access and use, we apply organizational and technical security measures that comply with applicable data protection laws and regulations. These measures include computer safeguards and secured files and buildings. Please be aware, however, that any email or other electronic transmission that is sent through the internet cannot be completely protected against unauthorized interception. We will notify you of any material data breaches that may affect your personal information as soon as we determine it is reasonable prudent to do so after learning of any such breach.
International transfers
Because our services are international in scope and we have affiliates operating in other countries, we may transfer your personal information outside your home country, when doing so is necessary for the performance of our services. This may include places that may not have the same level of data protection as that afforded in your own country. In such cases, we will take appropriate measures to ensure your personal information is handled as described in this Privacy Notice.
Your rights
As a resident of certain states, you may have the following rights in relation to our processing of your personal information:
- Portability: The right to request a copy of your personal information in a commonly used electronic format and the right to be informed about how we use it and share it. You can also request that we transmit the personal information to someone else where it is technically possible.
- Knowledge and Access: The right to know more about the personal information that we have collected about you and disclosed in the preceding 12 months. You may be able to access your personal information, receive details on its collection, and the purpose for such collection.
- Deletion: The right to request that we delete personal information where we do not have a legal or regulatory obligation or other valid reason to continue to retain it.
- Opt-out: Berkshire does not sell your personal information for marketing or other similar purposes. However, you may opt-out of having your personal information shared with certain vendors that we use for providing insights about user interactions with our Site (such as Google Analytics) and for delivering our newsletters, emails and other content and to you. You also have the right to unsubscribe from our newsletters, emails or other similar content.
- Correction: The right to request that we update or correct any personal information that you believe is incorrect or incomplete.
- Restriction: The right to request that we restrict the way in which we process your personal information.
- Automated decision making: We do not make any decisions about you based solely on automated processing.
We will review and verify any requests you make to exercise your rights (to protect your personal information), and will act on these requests fairly and in accordance with applicable privacy and data protection laws and regulations. Certain states provide the right to appeal a denial of a request.
You will not be disadvantaged in any way by exercising your rights regarding your personal information.
You can exercise your rights by contacting us using the details listed below under the section titled “Who to Contact about this Privacy Notice.”
Who to contact about this Privacy Notice
If you have any questions about our Privacy Notice or wish to exercise any of your rights described above, please contact us in writing at:
By E-mail to: [email protected]
By Mail to:
Berkshire Global Advisors LP
Attn: Privacy US
527 Madison Avenue
3rd Floor
New York, NY 10022
Changes to this Privacy Notice
We may revise this Privacy Notice from time to time. If we decide to change our Privacy Notice, we will post the revised Policy Notice on the Site. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Notice. Please note that our rights to use personal information will be based on the Privacy Notice in effect at the time the information is used.
PRIVACY NOTICE FOR AUSTRALIA
Introduction
Your privacy is very important to Berkshire Global Advisors LP and its affiliates (collectively, “Berkshire” or “we”, “our” or “us”). This privacy notice (“Privacy Notice”) has been issued by our wholly owned subsidiary, Berkshire Capital Australia Pty Ltd (“Berkshire Australia”), which conducts our business in Australia, and describes the privacy policies we follow in Australia for the collection, use, storage, sharing, disclosure, and protection of your personal information, including how we respond when a data breach (including cyber and data security breaches) is likely to result in serious harm to any individuals whose personal information is involved in the breach. It is being provided in accordance with the requirements of applicable data privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (collectively, the “Privacy Laws”). We generally follow these same or very similar policies in all jurisdictions in which we operate, but due to variations in local laws and customs, certain differences may apply. Please see our Privacy Notice for the United States and our Privacy Notice for the United Kingdom for more information.
Your “personal information” may mean different things under the various privacy and data protection laws that apply to our processing of your personal information in different jurisdictions, but it generally means any information that relates to, describes, identifies or can be used, directly or indirectly, to identify you as an individual.
Please note that while this Privacy Notice is posted on Berkshire’s website (the “Site”), it applies to personal information we collect through a variety of channels, including personal information collected when you:
- Visit the Site, subscribe to one of our newsletters or sign up for other mailing lists through the Site, download content from the Site, or contact us through the Site.
- Visit one of our offices.
- Investigate or apply for employment with Berkshire.
- Engage Berkshire to perform services (or when an entity with which you are associated does so) and share personal information with us to help us perform those services.
- Provide goods or services to Berkshire (or when an entity with which you are associated does so).
- Respond to one of our online advertisements or LinkedIn profiles.
- Use other applications, websites and collection points that reference this Privacy Notice.
Please note that the Site may contain links to other sites and certain content on the Site may be hosted by third parties, such as the videos on the Site that are hosted by Vimeo. We are not responsible for the privacy practices of these third-party sites.
The types of personal information we may collect and how we collect it
Depending on the channel through which we collect your personal information and our reason for doing so, personal information we collect about you may include:
- Identification and Contact Information: including your name, title, occupation, employer, physical address, email address, telephone number, date of birth, place of birth, citizenship, residence and work status.
- Financial Information: including your net worth, assets and liabilities, bank account information, brokerage account information, and credit history.
- Government Identifiers: including your social security numbers, taxpayer identification numbers, driver’s license information, passport information and other government issued identifiers.
- Images: including your likeness, images of your driver’s license or other identification cards, and CCTV footage of your movements. Note that this type of personal information, which may be collected when you visit one of our offices, is often collected in the first instance by the building owner or operator and may or may not be shared with Berkshire. This Privacy Notice does not apply to our building owners and operators; any personal information they collect from you will be subject to their privacy policies.
- Background Information: including your educational, employment and professional history, such as what might appear on your resume or an employment application.
- Social Media: including personal information you make available through social media channels.
- Demographic and Diversity Information: including your age, race, ethnicity, gender, sexual orientation, veteran status, citizenship, marital status and disability status.
- Marketing Information: including your communications preferences, interactions with our Site, interactions with our advertisements, usage of our services, content interests.
- Technical Information: including your browsing history, devices, browser type and plug-ins, browser version, IP address, interactions with the Site, and interactions with our advertisements.
- File Sharing: including documents, spreadsheets, records, correspondence and other files you elect to share with us by hand delivery, courier, mail, emails, electronic file sharing services and similar delivery methods.
- Voluntary Disclosures: including other sensitive personal information that you choose to share with us.
Berkshire generally collects only personal information that you elect to share with us. However, we may also obtain personal information through background checks, credit checks and other due diligence methods if you apply for employment with us, when you or an entity with which you are associated seek to engage Berkshire’s services, or when you or such an entity seek to provide goods or services to Berkshire. Certain personal information may also be collected using automated methods when you visit the Site or one of our offices, or interact with us through email or other electronic methods (see our Cookie Notice for more information).
If you provide personal information to us about another person, you should ensure that you provide that person with this Privacy Notice and comply with any legal obligations that may apply to your provision of the information to us.
How we may use your personal information
Where we have a lawful reason for doing so, we may process your personal information for various purposes, including:
- Services. Providing our services to you or an entity with which you are associated (including communications and reporting). This would include all of types of personal information described above.
- Operational and Compliance Support. Supporting our everyday operations, including meeting our legal and compliance obligations. Again, this would include all of types of personal information described above.
- Employment. Supporting our infrastructure and human resources needs, including hiring, employee payroll, employee benefits, labor law compliance and tax reporting and remittance. This would typically include the types of personal information described above under the headings Identification and Contact Information, Financial Information, Government Identifiers, Images, Background Information, Social Media, Demographic and Diversity Information, and Voluntary Disclosures.
- Business and Service Improvements. Managing and improving our services and business operations. This would typically include the types of personal information described above under the headings Social Media, Marketing Information, Technical Information, and Voluntary Disclosures.
- Marketing. Marketing of our services, such as by providing you with newsletters and other content. This would typically include the types of personal information described above under the headings Identification and Contact Information, Social Media, Marketing Information, Technical Information, and Voluntary Disclosures.
- Compliance. Complying with applicable legal or regulatory requirements (including anti-money laundering, fraud prevention, tax reporting, sanctions compliance, or responding to requests for information from supervisory authorities with jurisdiction over our business). This would typically include the types of personal information described above under the headings Identification and Contact Information, Financial Information, Government Identifiers, Images, Background Information, Technical Information and Voluntary Disclosures.
Your personal information will be processed in accordance with applicable privacy and data protection laws, rules and regulations. This may be with your consent, upon your instruction, or where we believe there is a lawful purpose for doing so.
Please note that where we require your personal information to satisfy a statutory or regulatory obligation or a contractual requirement, your failure to provide us with such information may result in us being unable to provide our services to you or to an entity with which you are associated. In addition, please be aware that if we have any suspicion of unlawful activity, we may submit personal information to relevant law enforcement agencies or supervisory authorities when required or permitted to do so.
How we may share your personal data
Our primary service is providing M&A and strategic advice to individuals and businesses in the financial services industry. To the extent we are engaged to find a buyer, seller, investor, joint venture partner or financing source for a business, our services will typically include collecting and analyzing data regarding the business, helping to prepare written and oral presentations regarding the business, analyzing offers that may be received and helping you assess those offers and the parties making them. During this process, we may collect your personal information and may communicate it to third parties to facilitate a successful transaction.
To provide these services and for the other purposes described above, we may share your personal information with the following types of third parties:
- Representatives of prospective buyers, sellers, investors, joint venture partners and financing sources.
- Our affiliates, who work with us as part of an integrated business.
- Service providers, contractors, vendors and agents (who may work for us, for you or for prospective buyers, sellers, investors, joint venture partners and financing sources). This would include:
- Attorneys, accountants, financial advisors, consultants, other professional advisors
- Software, technology, technology support and communications providers, including third parties that support the Site, analytics providers, security and fraud prevention firms, and cloud storage and backup providers.
- Governmental, regulatory and self-regulatory agencies.
- Providers of human resources services, such as payroll and benefits.
Although Berkshire may use your personal information to provide you with our own newsletters, updates and other marketing materials, and may disclose your personal information to third parties that assist us in these efforts, Berkshire will never sell or disclose your personal information to third-party advertisers.
In the event Berkshire enters into a sale, merger or other transaction that results in the transfer of all or part of our business or assets to a third party, Berkshire may disclose, sell, assign or transfer your personal information to such third party.
We may also disclose your personal information in response to court orders and inquiries from law enforcement and regulatory and self-regulatory agencies.
Finally, we will also disclose your personal information if you direct us to do so.
Our use of Cookies
This Site uses cookie technology. Please see our Cookie Notice for more information regarding how we use cookies and how you can disable or manage their use.
Retention periods and security measures
We will not retain personal information for longer than is necessary in relation to the purpose for which it is collected, subject to applicable data protection laws. How long we will hold your personal information will be determined based on: (a) the purpose of which we are using it; and (b) the legal and regulatory obligations that apply to us (these may set a minimum period during which we must retain your personal information). This will typically be no longer than seven years, unless we have a legitimate need to keep your information for a longer period, such as a need to meet regulatory or legal requirements, help detect or prevent fraud and financial crimes, deal with disputes, or comply with applicable laws and regulations. From time to time, we will review the purpose for which personal information has been collected and decide whether to retain it. As noted below under the heading “Your rights”, under certain circumstances you may have the right to require us to erase your personal information.
To protect your personal information from unauthorized access and use, we apply organizational and technical security measures that comply with applicable data protection laws and regulations. These measures include computer safeguards and secured files and buildings. Please be aware, however, that any email or other electronic transmission that is sent through the internet cannot be completely protected against unauthorized interception. We will notify you of any material data breaches that may affect your personal information as soon as we determine it is reasonable prudent to do so after learning of any such breach. In addition, if we suspect there has been an eligible breach, we will notify the Office of the Australian Information Commissioner (OAIC) to ensure that your personal information is protected.
International transfers
Both the email and data servers for Berkshire Australia are hosted by Berkshire’s office in New York. Accordingly, when you communicate with Berkshire Australia by email or provide Berkshire Australia with personal information that we store electronically, your personal information will be shared with our affiliates, even when they are not directly involved in the services provided by Berkshire Australia. In addition, because the services provided by Berkshire, including Berkshire Australia, are international in scope, we may transfer your personal information outside Australia and the United States, including to places that may not have the same level of data protection as that afforded in Australia and the United States. In such cases, we will take appropriate measures to ensure your personal information is handled as described in this Privacy Notice.
Your rights
You have certain rights under the Privacy Laws regarding your personal information and these are, generally: (i) the right to request access to your personal information; (ii) the right to request correction of your personal information; (iii) the right to object to our use of your personal information for marketing purposes (including the right to unsubscribe or withdraw any consent you have previously given). You should note that these rights may not always apply to the personal information we hold.
We will review and verify any requests you make to exercise your rights (to protect your personal information), and will act on these requests fairly and in accordance with applicable privacy and data protection laws and regulations.
You will not be disadvantaged in any way by exercising your rights regarding your personal information.
You can exercise your rights by contacting us using the details listed below under the section titled “Who to Contact about this Privacy Notice.”
Who to contact about this Privacy Notice
If you have any questions about our Privacy Notice or wish to exercise any of your rights described above, please contact us in writing at:
By E-mail to: [email protected]
Attn: Privacy Australia
By Mail to:
Berkshire Global Advisors Limited
Attn: Privacy Australia
Level 9, 28 Margaret Street
Sydney NSW 2000
Changes to this Privacy Notice
We may revise this Privacy Notice from time to time. If we decide to change our Privacy Notice, we will post the revised Policy Notice on the Site. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Notice. Please note that our rights to use personal information will be based on the Privacy Notice in effect at the time the information is used.
PRIVACY NOTICE FOR THE UNITED KINGDOM
Introduction
Your privacy is very important to Berkshire Global Advisors LP and its affiliates (collectively, “Berkshire” or “we”, “our” or “us”). This privacy notice (“Privacy Notice”) has been issued by our wholly owned subsidiary, Berkshire Global Advisors Limited (“Berkshire UK”), which conducts our business in the United Kingdom, and describes the privacy policies we follow in the United Kingdom for the collection, use, storage, sharing, disclosure, and protection of your personal information. It is being provided in accordance with the requirements of applicable data privacy laws, including the UK General Data Protection Regulation (the “GDPR”) and UK Data Protection Act 2018. We generally follow these same or very similar policies in all jurisdictions in which we operate, but due to variations in local laws and customs, certain differences may apply. Please see our Privacy Notice for the United States and our Privacy Notice for Australia for more information.
Your “personal information” may mean different things under the various privacy and data protection laws that apply to our processing of your personal information in different jurisdictions, but it generally means any information that relates to, describes, identifies or can be used, directly or indirectly, to identify you as an individual.
Please note that while this Privacy Notice is posted on Berkshire’s website (the “Site”), it applies to personal information we collect through a variety of channels, including personal information collected when you:
- Visit the Site, subscribe to one of our newsletters or sign up for other mailing lists through the Site, download content from the Site, or contact us through the Site.
- Visit one of our offices.
- Investigate or apply for employment with Berkshire.
- Engage Berkshire to perform services (or when an entity with which you are associated does so) and share personal information with us to help us perform those services.
- Provide goods or services to Berkshire (or when an entity with which you are associated does so).
- Respond to one of our online advertisements or LinkedIn profiles.
- Use other applications, websites and collection points that reference this Privacy Notice.
Please note that the Site may contain links to other sites and certain content on the Site may be hosted by third parties, such as the videos on the Site that are hosted by Vimeo. We are not responsible for the privacy practices of these third-party sites.
The types of personal information we may collect and how we collect it
Depending on the channel through which we collect your personal information and our reason for doing so, personal information we collect about you may include:
- Identification and Contact Information: including your name, title, occupation, employer, physical address, email address, telephone number, date of birth, place of birth, citizenship, residence and work status.
- Financial Information: including your net worth, assets and liabilities, bank account information, brokerage account information, and credit history.
- Government Identifiers: including your social security numbers, taxpayer identification numbers, driver’s license information, passport information and other government issued identifiers.
- Images: including your likeness, images of your driver’s license or other identification cards, and CCTV footage of your movements. Note that this type of personal information, which may be collected when you visit one of our offices, is often collected in the first instance by the building owner or operator and may or may not be shared with Berkshire. This Privacy Notice does not apply to our building owners and operators; any personal information they collect from you will be subject to their privacy policies.
- Background Information: including your educational, employment and professional history, such as what might appear on your resume or an employment application.
- Social Media: including personal information you make available through social media channels.
- Demographic and Diversity Information: including your age, race, ethnicity, gender, sexual orientation, veteran status, citizenship, marital status and disability status.
- Marketing Information: including your communications preferences, interactions with our Site, interactions with our advertisements, usage of our services, content interests.
- Technical Information: including your browsing history, devices, browser type and plug-ins, browser version, IP address, interactions with the Site, and interactions with our advertisements.
- File Sharing: including documents, spreadsheets, records, correspondence and other files you elect to share with us by hand delivery, courier, mail, emails, electronic file sharing services and similar delivery methods.
- Voluntary Disclosures: including other sensitive personal information that you choose to share with us.
Berkshire generally collects only personal information that you elect to share with us. However, we may also obtain personal information through background checks, credit checks and other due diligence methods if you apply for employment with us, when you or an entity with which you are associated seek to engage Berkshire’s services, or when you or such an entity seek to provide goods or services to Berkshire. Certain personal information may also be collected using automated methods when you visit the Site or one of our offices, or interact with us through email or other electronic methods (see our Cookie Notice for more information).
If you provide personal information to us about another person, you should ensure that you provide that person with this Privacy Notice and comply with any legal obligations that may apply to your provision of the information to us.
How we may use your personal information
Where we have a lawful basis for doing so, we may process your personal information for various purposes, including:
- Services. Providing our services to you or an entity with which you are associated (including communications and reporting). This would include all of types of personal information described above.
- Operational and Compliance Support. Supporting our everyday operations, including meeting our legal and compliance obligations. Again, this would include all of types of personal information described above.
- Employment. Supporting our infrastructure and human resources needs, including hiring, employee payroll, employee benefits, labor law compliance and tax reporting and remittance. This would typically include the types of personal information described above under the headings Identification and Contact Information, Financial Information, Government Identifiers, Images, Background Information, Social Media, Demographic and Diversity Information, and Voluntary Disclosures.
- Business and Service Improvements. Managing and improving our services and business operations. This would typically include the types of personal information described above under the headings Social Media, Marketing Information, Technical Information, and Voluntary Disclosures.
- Marketing. Marketing of our services, such as by providing you with newsletters and other content. This would typically include the types of personal information described above under the headings Identification and Contact Information, Social Media, Marketing Information, Technical Information, and Voluntary Disclosures.
- Compliance. Complying with applicable legal or regulatory requirements (including anti-money laundering, fraud prevention, tax reporting, sanctions compliance, or responding to requests for information from supervisory authorities with jurisdiction over our business). This would typically include the types of personal information described above under the headings Identification and Contact Information, Financial Information, Government Identifiers, Images, Background Information, Technical Information and Voluntary Disclosures.
To find out more information regarding the lawful basis for processing your personal information, please visit ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/lawful-basis.
Your personal information will be processed in accordance with applicable privacy and data protection laws, rules and regulations. This may be with your consent, upon your instruction, or where we believe there is a lawful purpose for doing so.
Please note that where we require your personal information to satisfy a statutory or regulatory obligation or a contractual requirement, your failure to provide us with such information may result in us being unable to provide our services to you or to an entity with which you are associated. In addition, please be aware that if we have any suspicion of unlawful activity, we may submit personal information to relevant law enforcement agencies or supervisory authorities when required or permitted to do so.
How we may share your personal data
Our primary service is providing M&A and strategic advice to individuals and businesses in the financial services industry. To the extent we are engaged to find a buyer, seller, investor, joint venture partner or financing source for a business, our services will typically include collecting and analyzing data regarding the business, helping to prepare written and oral presentations regarding the business, analyzing offers that may be received and helping you assess those offers and the parties making them. During this process, we may collect your personal information and may communicate it to third parties to facilitate a successful transaction.
To provide these services and for the other purposes described above, we may share your personal information with the following types of third parties:
- Representatives of prospective buyers, sellers, investors, joint venture partners and financing sources.
- Our affiliates, who work with us as part of an integrated business.
- Service providers, contractors, vendors and agents (who may work for us, for you or for prospective buyers, sellers, investors, joint venture partners and financing sources). This would include:
- Attorneys, accountants, financial advisors, consultants, other professional advisors
- Software, technology, technology support and communications providers, including third parties that support the Site, analytics providers, security and fraud prevention firms, and cloud storage and backup providers.
- Governmental, regulatory and self-regulatory agencies.
- Providers of human resources services, such as payroll and benefits.
Although Berkshire may use your personal information to provide you with our own newsletters, updates and other marketing materials, and may disclose your personal information to third parties that assist us in these efforts, Berkshire will never sell or disclose your personal information to third-party advertisers.
In the event Berkshire enters into a sale, merger or other transaction that results in the transfer of all or part of our business or assets to a third party, Berkshire may disclose, sell, assign or transfer your personal information to such third party.
We may also disclose your personal information in response to court orders and inquiries from law enforcement and regulatory and self-regulatory agencies.
Finally, we will also disclose your personal information if you direct us to do so.
Our use of Cookies
This Site uses cookie technology. Please see our Cookie Notice for more information regarding how we use cookies and how you can disable or manage their use.
Retention periods and security measures
We will not retain personal information for longer than is necessary in relation to the purpose for which it is collected, subject to applicable data protection laws. How long we will hold your personal information will be determined based on: (a) the purpose of which we are using it; and (b) the legal and regulatory obligations that apply to us (these may set a minimum period during which we must retain your personal information). This will typically be no longer than seven years, unless we have a legitimate need to keep your information for a longer period, such as a need to meet regulatory or legal requirements, help detect or prevent fraud and financial crimes, deal with disputes, or to comply with applicable laws and regulations. From time to time, we will review the purpose for which personal information has been collected and decide whether to retain it. As noted below under the heading “Your rights”, under certain circumstances you may have the right to require us to erase your personal information.
To protect your personal information from unauthorized access and use, we apply organizational and technical security measures that comply with applicable data protection laws and regulations. These measures include computer safeguards and secured files and buildings. Please be aware, however, that any email or other electronic transmission that is sent through the internet cannot be completely protected against unauthorized interception. We will notify you of any material data breaches that may affect your personal information as soon as we determine it is reasonable prudent to do so after learning of any such breach.
International transfers
Both the email and data servers for Berkshire UK are hosted by Berkshire’s office in New York. Accordingly, when you communicate with Berkshire UK by email or provide Berkshire UK with personal information that it stores electronically, your personal information is being shared with Berkshire UK’s affiliates, even when they are not directly involved in the services provided by Berkshire UK. In addition, because the services provided by Berkshire, including Berkshire UK, are international in scope, we may transfer your personal information outside both the United Kingdom and the United States when doing so is necessary for the performance of our services. This may include places that do not have the same level of data protection as that afforded in the United Kingdom or the United States. In such cases, we will take appropriate measures to ensure your personal information is handled as described in this Privacy Notice.
Your rights
You have certain rights regarding your personal information and these are generally: (i) the right to request access to your personal information; (ii) the right to request correction of your personal information; (iii) the right to request erasure of your personal information; (iv) the right to restrict our processing or use of your personal information; (v) the right to object to our processing or use of your personal information where we have considered this to be necessary for our legitimate interests (such as in the case of direct marketing activities); (vi) where relevant, the right to request portability; (vii) where your consent to processing has been obtained, the right to withdraw your consent at any time; and (viii) the right to lodge a complaint with a supervisory authority – in the United Kingdom, this would be the UK Information Commissioner’s Office (www.ico.org.uk/make-a-complaint). You should note that these rights may not always apply to the personal information we hold.
We will review and verify any requests you make to exercise your rights (to protect your personal information), and will act on these requests fairly and in accordance with applicable privacy and data protection laws and regulations.
You will not be disadvantaged in any way by exercising your rights regarding your personal information.
You can exercise your rights by contacting us using the details listed below under the section titled “Who to Contact about this Privacy Notice.”
Who to contact about this Privacy Notice
If you have any questions about our Privacy Notice or wish to exercise any of your rights described above, please contact us in writing at:
By E-mail to: [email protected]
By Mail to:
Berkshire Global Advisors Limited
Attn: Privacy UK
11 Haymarket, 2nd Floor
London SW1Y 4BP
Changes to this Privacy Notice
We may revise this Privacy Notice from time to time. If we decide to change our Privacy Notice, we will post the revised Policy Notice on the Site. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Notice. Please note that our rights to use personal information will be based on the Privacy Notice in effect at the time the information is used.