BirchStreet Privacy Policy

Welcome to the Privacy Policy of BirchStreet.

BirchStreet Systems, Inc. (1301 Dove Street, Suite 300, Newport Beach, CA, 92660 United States) (“BirchStreet”, “Company” “we” or “us”) respects your privacy and makes every effort to protect it.

When you are visiting the BirchStreet Website or using the BirchStreet System, we may collect information that is considered personally identifiable (“personal data”) in certain jurisdictions. BirchStreet may also receive information about you from other sources, including trade organizations and contact directories provided to BirchStreet.

BirchStreet therefore publishes this privacy statement so that you can become acquainted with the way in which your personal data are collected and processed.

Our privacy policy is divided in 3 segments:

  1. You are visiting the BirchStreet Website
  2. You are using the BirchStreet System
  3. General information
  4. Cookies
  1. You are visiting the BirchStreet Website

At different places throughout the BirchStreet Website you can provide your contact details (e.g. completion of contact form, subscription to our newsletter, etc.) to BirchStreet.

BirchStreet is responsible for the processing of the personal data that it receives via the website (“controller”).

We will only process your personal data:

  • In order to execute an agreement with you, i.e. in order to handle and answer your question and/or to send you our newsletter,
  • When the processing is necessary to meet our legal obligations,
  • When the processing is necessary for the protection of our legitimate interests, such as ensuring and improving the proper functioning and services of BirchStreet.
  1. You are using the BirchStreet System

The company that offers you the use of the BirchStreet System is responsible for the processing of your personal data via the BirchStreet System (“controller”), which means that it determines the purpose and means for processing your personal data and that it is the primary responsible for ensuring that this processing is done in a legal, transparent and secure manner.

The BirchStreet System is developed and managed by BirchStreet and in this respect, BirchStreet has been appointed by the controller to process your personal data on its behalf and strictly in accordance with its instructions (“processor”).

With respect to the BirchStreet System, your personal data is only processed:

  • In order to be able to provide you with a user account and allow you to us the BirchStreet System, on the legal basis of our agreement with the controller and on the basis of your consent with this privacy policy,
  • When the processing is necessary to meet our legal obligations,
  • When the processing is necessary for the protection of our legitimate interests, such as ensuring and improving the proper functioning and services of BirchStreet
  1. General information

3.1. Whom do we share your personal data with?

BirchStreet may engage sub-contractors with respect to the processing of your personal data (e.g. cloud storage providers, IT service providers, etc.). BirchStreet ensures to only engage sub-contractors providing sufficient guarantees towards the lawful processing and security of your personal data.

BirchStreet may share your Personal Data with any entities affiliated to BirchStreet. We may also need to transfer your personal data to other recipients such as public authorities, enforcement authorities, public prosecutors and courts, our attorneys, advisors or other services providers, auditors or other third parties, if we estimate in good faith that such disclosure is reasonably necessary or useful (e.g. in order for us to comply with a legal obligation or procedure, in the context of a merger, acquisition or reorganization of our company or group, to broaden or improve our activities, to protect our rights and interests or the security and safety of our organization, our infrastructure, our activities, our clients, partners or the public), fully taking into account our obligations under the applicable personal data protection laws.

In this respect, BirchStreet will transfer your Personal Data across borders. For transfers outside of the European Economic Area, BirchStreet will ensure an adequacy decision by the European Commission is in place for the recipient country or organisation, or that appropriate or suitable safeguards are in place, a copy of which can be obtained by contacting BirchStreet (see contact details below).

3.2. Your rights with respect to your personal data

You may choose to not provide certain personal data when visiting the BirchStreet Website or using the BirchStreet System; however, this may limit or restrict your ability to use the BirchStreet Website and the BirchStreet System and ability to take advantage of many BirchStreet features.

By contacting us (see our contact details below) or the company that offers you the use of the BirchStreet System, you may, at any time request:

  • confirmation as to whether or not personal data concerning you are being processed by us and, where that is the case, you may request access to or receipt of your personal data;
  • to rectify inaccurate personal data concerning you;
  • to complete incomplete personal data concerning you;
  • to erase or to restrict the processing of (certain) personal data relating to you;
  • to transmit your personal data to another controller or processor; and
  • to cease the processing of your personal data.

Please attach a copy of your identity card or passport to your request, enabling us to verify your identity in order to prevent unlawful access to your personal data. We will investigate whether it is feasible to respond to your request and whether we are legally obliged to do so. We will give you written confirmation about the chosen way forward.

Via the BirchStreet System, you can also yourself update your personal data with respect to your BirchStreet System user account. It is your responsibility, and that of the company that offers you the use of the BirchStreet System, to keep your personal data accurate and up-to-date.

If you are of the opinion that your privacy rights have not been respected, you can also file a complaint with the competent supervisory authority of your choice.

You can exercise all rights described above without any charge.

3.3. Age requirements and usage

The BirchStreet System is not intended to be used by children and is a professional business solution.  If you are under the age of 18, please do not use the BirchStreet System or disclose any personal information without involvement, supervision, and permission of a parent or guardian.

3.4. How do we safeguard data?

We take reasonable technical and organizational measures to maintain the security and integrity of the collected personal data and prevent destruction, unauthorized access or use thereof, through generally accepted industry standard technologies and internal procedures.

3.5. How long do we store your personal data?

We will not store your personal data longer than is required or permitted by law to achieve the purposes described in this Privacy Policy, including for evidence and anti-fraud reasons.

3.6. Links to Third Party Websites?

Certain links provided permit you to leave the BirchStreet Website or the BirchStreet System and enter non-BirchStreet sites or services. Please note that our privacy notice does not apply for the processing of personal data done on these sites or services. We advise you to carefully read the privacy notices of the concerned sites or services to be informed about the processing of your personal data on such sites or services.

3.7. Direct Marketing?

If you have given us your consent, we may use your contact details for providing you commercial and/or non-commercial materials related to our current and/or future products and services by electronic means. You may withdraw your consent at any time by sending a written notice to privacy@birchstreetsystems.com or alternatively follow the instructions for removing yourself from the mailing list, which are available in the message transmitted to you.

3.8. Changes to the Privacy Policy?

The terms of this Privacy Policy will govern the use of the BirchStreet Website and BirchStreet System and any personal data collected with respect thereto. BirchStreet reserves the right to change this policy at any time, so please re-visit this page frequently.

  1. Cookies

We use cookies that are important for certain technical features of our website, like logging into user accounts and implementing fixes and improvements to our platform.

These cookies:

  • Enable behavior in our Products and/or Services that is tailored to the activity or preferences of a person visiting our site
  • Help to diagnose and correct downtime, bugs, and errors in our code to ensure that our products are operating efficiently

In general, we collect most data from you via form submission. However, there are cases when visiting our site and/or using our platforms in which we may receive certain information through the use of cookies. This data will generally not include personally identifying information about you.

  • Unique identification tokens
  • Session and language information

You may prefer to disable cookies. You can do so by adjusting your cookie-settings. For more information in this respect, please consult the official websites of the browser you are using. If you choose to disable cookies, it is possible that (some functionalities on) the BirchStreet Website and BirchStreet System are no longer (fully) available to you.

 Any Questions?

If you have any questions (or comments) concerning this Privacy Policy, you are most welcome to send us an email at privacy@birchstreetsystems.com.


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