BENSUSSEN DEUTSCH & ASSOCIATES, INC. GLOBAL PRIVACY POLICY

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This Privacy Policy describes how Bensussen Deutsch & Associates, LLC, doing business as (DBA) SwagUp, [and our subsidiaries (collectively,] “BDA,” “we,” or “us”) collects, uses, discloses and otherwise processes personal information or personal data (“personal information”) about you. This Privacy Policy applies to information we collect when you access or use our websites or other online products or receive communications from BDA that link to this Privacy Policy (collectively, our “Services”), or when you otherwise interact with us, such as through email or other communication with BDA Associates. We may provide different or additional notices of our privacy practices with respect to certain products, services or activities, in which case those notices will state whether they supplement or replace the disclosures in this Global Privacy Policy.

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DEFINITIONS

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• “BDA Associate” means a person employed by BDA.
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• “Client” means a company with which BDA does business. 
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• “Customer” means a person who has had at least one interaction with a client-branded program store operated by BDA.
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• “Promotional Shopper” means a person who has had at least one interaction with BDA for a promotional item opportunity or order. 
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• “Promotional Item Recipient” means a person who receives a promotional item via a promotional campaign.

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CHANGES

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We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy. If we make material changes, we will provide you with additional notice (such as by adding a statement to the Services ). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

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EXCLUSIONS

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This Privacy Policy does not apply to websites or services that BDA operates or performs as a service provider for its Clients and the personal information or data that it processes at the direction of its Clients for end-users, which we Refer to as the Customer or Promotional Item Recipient.  

When acting as a service provider on behalf of its Clients, BDA strives to respect and protect the privacy of the Customer or Promotional Item Recipient.  When processing information on behalf of and at the direction of our Clients, we adhere to and process Customers’ and Promotional Shoppers’ personal information consistent with our Clients’ instructions and applicable privacy policies. 

If you are a Customer or Promotional Item Recipient of one of BDA’s Clients and have provided personal information – or believe your personal information has been provided – to BDA, and you have questions about how your personal information is collected, used, processed, or disclosed, please review that company’s privacy policy directly.

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COLLECTION OF INFORMATION

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The information we collect about you depends on how you interact with us or use our Services. In this section, we describe the categories of information we collect and the sources of this information.

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Information You Provide to Us

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We collect information that you provide directly to us. For example, you share information with us when you fill in a form, request information, place an order, request customer support, search on our website, complete a survey or otherwise communicate with us. 

The types of personal information we may collect include your name, email address, phone number, postal address, professional information including job title, billing, credit card, or other payment information, or any other information you choose to provide.

If you make a purchase from us using a credit card, we work with a third-party payment processor to collect and process your payment information.

Information We Collect 

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We collect certain information about your interactions with us or our Services, including:
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• Transactional Information: Information about your quotes, orders or other transactions whether placed online or via a BDA Sales Associate, as well as information about our communications with you. Examples include information on products reviewed or purchased. 
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• Web Activity Information: We collect information about your activity on our website, such as when you request information via and/or login on a BDA website, through cookies and Site tracking tools. We also collect information about your session, such as access times, pages viewed, links clicked, and the page you visited before navigating to our Services.
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• Device and Usage Information: We collect information about how you access our Services online, including data about the device and network you use, such as hardware type, operating system, IP address, and browser type. 
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• Information Collected by Cookies and Similar Tracking Technologies:  We use tracking technologies, such as cookies and web beacons, to collect information about your interactions with the Services. Cookies are small data files stored on your hard drive that help us improve your experience and operate our Services, learn which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits, and understand usage and marketing campaign effectiveness. For more information about our use of these technologies, see the Analytics section below and our Cookie Policy.

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Information We Derive

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We may derive information or draw inferences about you based on the information we collect. For example, we may infer that you are looking to purchase certain products based on your browsing behavior and past purchases.

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We Do Not Knowingly Collect Children’s Data

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BDA does not knowingly collect or solicit any information from anyone under the age of 16, or knowingly allow such persons to register an account with us or on our websites or become a Client or Promotional Shopper.  In the event that we learn that we have collected personal information from a child under age 16 without appropriate permission from their parents or legal guardian, we will delete that information as quickly as possible. If you believe that BDA might have information from a minor under the age of 16, please contact us at the email or postal address provided below. Requests will not be accepted by phone.

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USE OF INFORMATION

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We use the categories of information we collect to provide Services and to improve our website and Services.  We also use the information we collect to:

• Provide, maintain, improve services, including to debug and repair errors in our Services; 
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• Send you support messages and other transactional or relationship messages; 
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• Communicate with you about products and services offered by BDA and provide news and information that we think will interest you (see the Your Choices section below for information about how to opt out of these communications at any time);
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• Monitor and analyze trends, usage, and activities in connection with our products and services; 
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• Detect, investigate, and help prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and help protect the rights and property of BDA and others;
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• Comply with our legal and financial obligations; 
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• Carry out internal operations that are reasonable in the context of your relationship with us; 
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• Create de-identified, anonymized, or aggregated information; and
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• Carry out any other purpose described to you at the time the information was collected.
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We also work with third-party advertising companies and social media companies to help us advertise the Services and our business. These companies may use cookies and similar technologies to collect information about you (including the Web Activity Information, Device and Usage Information, and Information Collected by Cookies and Similar Technologies described above) over time across the Services and other websites and services, and use that information to serve ads that they think will interest you. In addition, some of these companies may use hashed customer lists that we share with them to deliver ads to you and to similar users on their platforms. You can learn more about your choices for limiting interest-based advertising in the “YOUR CHOICES” section below.

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DISCLOSURES OF INFORMATION

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In certain circumstances, we disclose (or permit others to directly collect) information about you. The list below describes when and to whom we disclose the categories of personal information described above the Collection of Information section above.

• We disclose personal information to vendors, service providers, contractors and consultants that need this information to provide services to us, such as companies that provide us with hosting and software used in delivery of our services, communication with you and marketing; process payments;  provide customer service; create invoices;  and make or customize and ship product.
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• If you provide a product review or otherwise post content on our Services, the public/ other users of our Services will be able to see this information.
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• We may disclose personal information to your employer, our Client, when you are ordering on behalf of your employer as a Promotional Shopper. For example, your employer may request ordering history by person. 
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• We may disclose personal information to your employer’s business partner, our Client, when you are ordering on behalf of your employer as a Promotional Shopper in the context of your employer’s business relationship with the Client. 
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• We disclose personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of BDA, our users, the public, or others.
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• We disclose personal information in connection with, or during negotiations of certain corporate transactions, including the merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company. 
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• Personal information is disclosed between and among BDA and our parents, affiliates, subsidiaries, and other companies under common control and ownership.
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• We disclose personal information when we have your consent or you direct us to do so.
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• We also disclose aggregated or de-identified information that cannot reasonably be used to identify you.  An example is when we report an aggregate customer satisfaction score.
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• We use vendor platforms to manage people processes such as payroll, PTO tracking and benefits enrollment for Associates and recruitment and hiring processes for job seekers. 
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• We may also share personal information with third parties who partner with us for advertising campaigns or that collect information about your activity on the Services for the interest-based advertising purposes described in the “USE OF PERSONAL INFORMATION” section above.

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ANALYTICS

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We use a web analytics tool on our website. This tool may use cookies, tags and other technologies to collect information about your use of our Services, including your web browser, pages viewed, time spent on pages, links clicked, and conversion information. This information is used for data analysis, to determine the popularity of certain content, and better understand your activity on the website.

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TRANSFER OF INFORMATION TO THE UNITED STATES AND OTHER COUNTRIES

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BDA is headquartered in the United States, and we have operations and vendors in the United States and other countries. Therefore, we and those that perform work for us may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. Where required by law, we provide adequate protection for the transfer of personal information in accordance with applicable law, such as by obtaining your consent, relying on the European Commission’s adequacy decisions, or executing Standard Contractual Clauses. Where relevant, you may request a copy of these Standard Contractual Clauses by contacting us at .

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YOUR CHOICES
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Cookies

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Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Services and our website not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.

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Advertising Choices

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If you wish to minimize the amount of interest-based advertising you receive, you may block third-party cookies in your browser settings, use browser plug-ins/extensions, and use your mobile device settings to limit the use of the advertising ID associated with your mobile device. You can also opt out of interest-based ads from companies participating in the following industry opt-out programs by visiting the linked websites: the Network Advertising Initiative (http://www.networkadvertising.org/managing/opt_out.asp) and the Digital Advertising Alliance (https://optout.aboutads.info). Users in the EEA or UK can visit the European Interactive Digital Advertising Alliance (https://youronlinechoices.eu/). Some of the companies we work with may offer their own opt-out mechanisms. For example, you can learn more about how Google uses cookies for advertising purposes by clicking here and opt-out of ad personalization by Google by clicking here.

Many of the opt-out preferences described in this section must be set on each device or browser for which you want them to apply. Please note that some of the advertising companies we work with may not participate in the opt-out mechanisms described above, so even after opting-out, you may still receive interest-based advertisements from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.

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Access/Know, Deletion, Correction, and Other Rights

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Subject to certain limitations and applicable law, you may have the right to (1) request to know more about the categories and specific pieces of personal information we collect, use, and disclose, (2) request deletion of your personal information, (3) opt out of any “sales” or “sharing” of your personal information that may be occurring, and (4) request transmission of your personal information to another entity (portability), (5) correct inaccurate personal information; (6) limit the use and disclosure of your sensitive personal information; (7) request to know more about automated decision-making; (8) opt-out of automated decision-making technology; and (9) not be discriminated against for exercising these rights.

You may make these requests, where applicable, by emailing dpo@bdainc.com or visiting our Privacy Portal. We will verify your request by asking you to provide information related to your recent interactions with us, such the date you requested information or the order number or date for the last order you placed. We will not discriminate against you if you exercise your rights under the CCPAapplicable data protection laws.

If we receive your request from an authorized agent and they do not provide a valid power of attorney, we may ask the authorized agent to provide proof that you gave the agent signed permission to submit the request to exercise rights on your behalf. In the absence of a valid power of attorney, we may also require you to verify your own identity directly with us or confirm to us that you otherwise provided the authorized agent permission to submit the request. If you are an authorized agent seeking to make a request, please email dpo@bdainc.com.

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ADDITIONAL DISCLOSURES FOR INDIVIDUALS IN CALIFORNIA 

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The California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.), as modified by the California Consumer Privacy Rights Act or “CPRA”, affords consumers residing in California certain rights with respect to their personal information.  If you reside in California, this section applies to you.

Disclosures

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We collect and, in the preceding 12 months, we have collected the following categories of personal information: personal identifiers such as real name, , postal or electronic address, unique personal identifier or account name assigned by a BDA system, internet protocol addresses; commercial information; Internet or other electronic network activity information; audio, electronic, and professional or employment-related information for Associates and people who apply for jobs at BDA or other similar identifiers as defined under Cal. Civ. Code § 1798.140(o). For details about the precise data points we collect and the categories of sources of such collection, please see the Collection of Information section above. We collect this personal information from the following sources: directly from you (when you provide us with personal information); our Clients; automatically through the use of cookies and similar technologies on the Services; and from other third parties, such as social media platforms, publicly-available sources, business partners, and others. We collect personal information for the business and commercial purposes described in the Use of Information section above. In the preceding 12 months, we have disclosed personal information for the following business or commercial purposes described in the Use of Information section above. We have made the disclosures to the following categories of recipients:

To the extent that we may collect sensitive personal information (as defined under the CCPA), we only use or disclose it for purposes permitted under the CCPA (e.g., to provide the Services, detect security incidences and prevent fraud, and to verify and maintain the quality of the Services). We do not collect or use sensitive personal information for the purpose of inferring characteristics about California residents.

BDA does not sell or share your personal information with third parties, as those terms are defined under the CPRA. We also do not allow our third-party service providers to sell or share your personal information.

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Your California Privacy Rights

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As a California resident, you have the rights listed below. Please note, these rights are not absolute, and, in some cases, we may not be able to respond to your request, such as when a legal exemption applies or if we are not able to verify your identity.

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• Right to Know/Access. You can request the following information about how we have collected and used your personal information:some text
  • the categories of personal information we collected;
  • the categories of sources from which we collected personal information;
  • the business or commercial purpose for collecting, selling, or sharing (as applicable) that personal information;
  • the categories of third parties with whom we disclose personal information; and
  • a copy of the personal information that we collected about you.
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• Right to Delete. You can request that we delete the personal information we collected from you.
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• Right to Correct. You can request that we correct inaccurate personal information that we maintain about you.
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• Right to Opt-Out of Sales/Sharing. If we “sell” or “share” your personal information, you can opt-out. 
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• Right to Nondiscrimination. You are entitled to exercise the rights described above without receiving discriminatory treatment. 
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You may exercise the rights described above as follows:

• Know/Access, Delete, or Correct. You may exercise these California privacy rights by visiting our Privacy Portal or by emailing us at dpo@bdainc.com. 
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• Opt-Out of Sales/Sharing. You can request to opt-out out of the “sale” or “sharing” of your personal information by clicking here: Your Privacy Choices or broadcasting the Global Privacy Control (GPC) signal. Note that due to technological limitations, if you visit our Services from a different computer or device, or clear cookies on your browser that store your preferences, you will need to return to this screen to select your preferences and/or rebroadcast the GPC signal. 
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If you direct us not to sell/share your personal information, we will consider it a request pursuant to California’s “Shine the Light” law to stop sharing your personal information covered by that law with third parties for their direct marketing purposes.

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ADDITIONAL DISCLOSURES FOR INDIVIDUALS IN EUROPE

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If you are located in the European Economic Area (“EEA”), the United Kingdom, or Switzerland, you have rights and protections under the law regarding the processing of your personal information, and this section applies to you.

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Legal Basis for Processing
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When we process your personal information, we will do so in reliance on the following lawful bases:

• To perform our responsibilities under our contract with you or our Clients (e.g., processing payments for and providing the products and services you requested). 
• When we have a legitimate interest in processing your personal data to operate our business or protect our interests (e.g., to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you).
• To comply with our legal obligations (e.g., to maintain a record of your consents and track those who have opted out of marketing communications).
• When we have your consent to do so (e.g., when you opt in to receive marketing communications from us). When consent is the legal basis for our processing your personal data, you may withdraw such consent at any time.

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Data Retention
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We store personal data associated with your account for as long as your account remains active. We will delete your account data after two years of inactivity. We store other personal data for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.  If you consent to our use of cookies, we may collect and store data analyzing use of our website for up to two months.  See our Cookie Policy for additional information.

Additional Rights

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In addition to the Privacy Rights described above and subject to certain limitations, you have the right to object to certain processing, withdraw your consent where we process your information on that basis, and the right to request we restrict certain processing. To exercise any of these rights, please email us at dpo@bdainc.com. 

If you have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside. Contact details for your Data Protection Authority can be found using the links below:

For individuals in the EEA: https://edpb.europa.eu/about-edpb/board/members_en 

For individuals in the UK: https://ico.org.uk/global/contact-us/ 

For individuals in Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html

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CONTACT US

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If you have any questions about this Privacy Policy, please contact us at dpo@bdainc.com.   

You can also contact our Data Protection Officer directly at:

dpo@bdainc.com

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Or in writing at:

BDA World Headquarters

Attn: Data Privacy Officer

15525 Woodinville-Redmond RD. NE.

Woodinville, WA 98072

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COOKIE POLICY

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This website collections information through Cookies for usage analytics. Cookies are pieces of information stored directly on the computer you’re using. The cookies used on this site, and their purpose, are shown in the following table. You have the right on the site to opt in or out of the non-critical cookies. Critical cookies must stay on in order for the website to function correctly.