Updated August 15, 2018
SO EXACTLY WHAT INFORMATION DO WE COLLECT?
When you visit our Site or use our Service you may provide us with three types of information: personal information you explicitly choose to disclose (“Explicit Information”), information voluntarily provided internally within the Service (“Internal Information”) and non-personally identifiable information collected, in a way not visible to you, on an aggregate basis as you and others use our Site (“Passive Information”). These three types of information are referred to collectively as “Subscriber Information,” and your company is referred to as the “Subscriber.”
EXPLICIT INFORMATION YOU PROVIDE
In order to use the Service, we require you to disclose the following information: full legal name, full company name and a valid e-mail address. Additionally, if you choose to post information through our Service or engage in email, regular mail, telephone or other contact with us, we may retain information disclosed thereby as well.
INTERNAL INFORMATION YOU PROVIDE
Within the Service, Subscriber may collect information related to Subscriber employees, job applicants, or other third parties for legitimate business purposes. This could include name, contact information, employment or education history, professional certifications, criminal records, or any similar data required by the Subscriber’s hiring process.
PASSIVE INFORMATION COLLECTED
Our Site and the Service utilize a standard technology called cookies to collect information about how our Site and Service is used. Passive Information gathered may include but is not limited to the date and time of visits, the Site pages viewed, time spent at our Site, a logging of activities, and the sites visited just before and just after our Site.
COOKIES
Cookies are a feature of web browser software that allow web servers to recognize the computer used to access a Site. They are small pieces of data that that we transfer to your computer’s hard drive to enable our systems to recognize your browser, simplify subsequent interactions with our Site and streamline your use of the Site.
USE OF INFORMATION COLLECTED
Individuals we employ directly, or as contractors or agents at our direction, use Explicit Information for purposes of administering our business activities, providing Subscriber services such as support, and making available other products or services we think may be of interest to our users and to job candidates. We may use the Explicit Information or Passive Information you provide to us to contact you about changes to our Site and Service, new services, features or products we offer, or other information we think you might find valuable, as well as to provide or enhance features of our Site and Service. If at any time you do not wish to receive such information from us, please send us an email to that effect to privacy@birchhr.com.
Internal Information provided by Subscriber is for the exclusive use of the Subscriber and/or their authorized agents for the purposes of recruiting, hiring, or other similar activities.
We also use Passive Information to gather information about our users and to enhance and design our Site to make it easier, faster and friendlier to use. Additionally, cookies help us know information about how many people visit our Site, when they visit and how they use our service. We do not connect any of this information to your personal information or email address.
SHARING INFORMATION WITH OTHERS
In addition to as described above, we may share Subscriber Information with others in the following situations without additional notice to or consent by you:
Third Party Vendors
We may share Subscriber Information with third party vendors as we deem necessary for facilitating the provision of services by these third party vendors to you. Subscriber Information may also be shared with our authorized service providers that perform certain services on our behalf, such as fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, performing translation, proofreading, patent filing, and related services, supporting our Platform functionality, and processing credit card payments.
BUSINESS TRANSACTIONS
As we continue to develop our business, we might become involved in financing transactions or business transactions involving the sale or license of our assets or business units. In either case, Subscriber Information often is disclosed on a confidential basis or is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless, of course, the Subscriber consents otherwise). Also, in the event the Company is merged with another company or acquired, or substantially all of its assets are acquired, Subscriber Information will be one of the transferred assets.
Protection of Birch HR LLC and Others: We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not, however, include selling, renting, sharing, or otherwise disclosing personally identifiable information from Subscribers for commercial purposes in violation of the commitments set forth in this Privacy Policy.
Non-Personally Identifiable Information: We may disclose anonymous Passive Information about user habits, characteristics and user patterns, based on aggregate user statistics to advertisers on our Site or others. for ensuring that such equipment or ancillary services are compatible with the Service.
SECURITY OF SUBSCRIBER INFORMATION
We secure your Subscriber Information by using commercially reasonable, industry-standard measures to prevent unauthorized access or disclosure, or accidental loss, disclosure or destruction thereof. However, even very good security measures may fail to prevent computer hacking or other breaches of security, and we can provide no guarantees that the same will not occur. Additionally, our postings on this Site and other communications you may have with us via email or regular mail may not be secure unless we advise you that security measures are in place prior to your sending information. Therefore, if you choose to communicate with us through these means, you are assuming the risk of doing so and we request that you do not send or post sensitive information through those means.
OTHER WEBSITES
You may be able to access other websites through our Site and/or Service. When you do so you are thereby subject to those other sites policies regarding privacy and data collection and you should read those sites’ privacy policies to make sure you agree to them before using such sites. When you choose to visit such sites, you should read their privacy policies and terms of use to make sure you agree with them.
OPTING OUT/CORRECTING OR DELETING PERSONAL INFORMATION
If you desire not to receive information about products or services we think may be of interest to you or if you wish to delete or correct your information, please visit the Account screen. If you do not have an account, please contact privacy@birchhr.com.
COLLECTION OF HR AND NON-HR DATA FROM THE EEA
Birch HR LLC collects and processes Passive Information, which may contain personal data about website users in the European Economic Area (“EEA”) to collect information about how our Site and Service are used. Birch HR LLC may disclose Passive Information to affiliates, service providers, and other entities for activities related to these purposes.
As a data processor, Birch HR LLC collects and processes Internal Information, which may contain personal data entered voluntarily by EEA individuals into the Service and or by Subscriber’s authorized users who enter personal or employment-related data about EEA employees or candidates into the Service. Additionally, Explicit Information is also collected to support and allow access to the Service.
Birch HR LLC processes Passive Information, Internal Information, and Explicit Information (collectively, “Subscriber Information”) as authorized by its Subscribers. Birch HR LLC does not establish or maintain direct relationships with the individuals whose personal data it processes on behalf of Subscribers, and no direct control or ownership over the Subscriber Information it processes.
GENERAL DATA PROTECTION REGULATION (GDPR)
Birch HR LLC will comply with all applicable data protection and privacy laws & regulations in the performance of its obligations under the General Data Protection Regulation (“GDPR”, from the GDPR implementation date) or, until GDPR implementation date, the Data Protection Act 1998 (“Data Protection Laws”).
EU-U.S. PRIVACY SHIELD
Birch HR LLC complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Birch HR LLC has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies 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 page, please visit https://www.privacyshield.gov/.
In compliance with the EU-US Privacy Shield Principles, Birch HR LLC commits to resolve complaints about your privacy and our collection or use of your personal information. European Union citizens with inquiries or complaints regarding this privacy policy should first contact Birch HR, LLC at:
EU-U.S. Privacy Shield Inquiry
40 24th St.
2nd Floor
Pittsburgh, PA 15222
Birch HR LLC has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD PROGRAM, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint.
Individuals covered by the EU-U.S. Privacy Shield program have the right to access and/or correct their data by emailing privacy@birchhr.com with their access requirements and/or corrections. Additionally, in some scenarios, individuals may have the right to invoke binding arbitration before the joint EU-U.S. Privacy Shield Panel. For the purposes of EU-U.S. Privacy Shield, Birch HR LLC’s participation is subject to enforcement by the Federal Trade Commission. Birch HR LLC retains liability for onward transfer to third parties for purposes other than the ones for which it was originally collected, as required by the Onward Transfer principles.
Birch HR LLC has further committed to cooperate with EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU in the context of the employment relationship. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EU DPAs for more information or to file a complaint. The services of EU DPAs are provided at no cost to you.
CHANGES TO OUR PRIVACY POLICY
Our Privacy Policy and Terms of Service may change from time to time. Birch HR LLC reserves the right, at its discretion, to modify this Privacy Policy at any time by posting a notice on the Site, or by sending you a notice via e-mail. You will be responsible for reviewing and becoming familiar with any such modifications. Your use of the Site and/or the Service following such notification constitutes Subscriber’s acceptance of the terms and conditions of this Agreement as modified. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.
