Privacy Policy

At Morris & Berger, (“M&B,” also referred to as “us” or “we” in this Privacy Policy), your personal privacy is important to us, and this Privacy Policy has been created to demonstrate our firm commitment to privacy. This Privacy Policy discloses M&B’s information gathering and dissemination practices for our website, social media platforms, apps, online services, as well as other form of consumer contact. This Privacy Policy is not a contract, but is intended to comply with applicable data privacy laws. The following Privacy Policy describes the practices that we have adopted.

Please review this Privacy Policy, which governs the information collected through use by you (collectively sometimes referred to herein as “you” or “your”) of the Website, or information collected in any other manner, including via video conference. Each time you access, use, or browse the Website, you signify your acceptance of the then-current Privacy Policy. If at any time you do not accept this Privacy Policy, then you are not authorized to access, browse or use the Website and you must discontinue use of the Website immediately.

Our Collection and Use of Your Personally Identifiable Information

We may terminate your right to and deny you access to the Website, or remove any material you have posted at the Website if, in our sole discretion, you fail to comply with any term or provision of these Terms, or for any other reason whatsoever. Except as otherwise provided herein, however, M&B undertakes no obligation to police, supervise, or monitor materials posted to the Website by you or other third parties. In addition, use of particular Services or information on the Website may be subject to additional terms and conditions that will be available in connection with such Services and information.

For your convenience, we are listing the categories of PII that we collect below and have collected within the past 12 months:

What We May Collect

• Identifiers. A real name, alias, postal address, unique personal identifier, Internet Protocol address, online identifier, email address.
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): A name, address, telephone number, education, employment, and employment history.
• Characteristics of protected classifications under California or federal law: Race, gender, and age.
• Professional or employment-related information: Employment, employment history and professional information.
• Education information: Information that it not publically available as defined in the California Family Educational Rights and Privacy Act.
• Internet or other electronic network activity information: Browsing history, search history, and information regarding a consumer’s interaction with an Internet website.

Why we collect it: To provide placement services to you and our clients, and manage relationships; to provide you with our marketing materials; to maintain and improve the functionality or our online services; and to meet our legal, regulatory and contractual obligations.

How we collect it: Through the website, in-person, through publicly available databases, through marketing partners and service providers, through referral services, written in a completed form, application or other written correspondence, e-mail, video conference and/or by telephone. Through your browser or device, use of an app, or through the use of cookies.

*In addition to the reasons for collection described above, we may, in our sole discretion, retain original and updated PII as part of our records for reasons such as technical constraints, dispute resolution, trouble-shooting and agreement enforcement.

In addition to the PII listed above, we may also collect the following “Non-PII”:

• Instructions, comments, and opinions you provide when you contact us directly by email, chat, online forms, telephone, or mail;
• Your opinions and information via surveys we send to you regarding our services;
• Information that you choose to provide to us when you interact with us.We may also collect, aggregate, and share “Non-PII” which is information that is aggregated, anonymized, de-identified and is unable to be readily identified to you.

This Privacy Policy only addresses the use and disclosure of PII and other information we may collect from you. We do not have a process for you to request changes to your personally identifiable information that is collected in any manner.

M&B collects information from our users at several different points, including but not limited to the following:

Personally Identifiable Information You Provide To Us

Any personal information that we may collect about you is voluntarily provided to us by you. We receive and may store the information you provide to us. As you navigate through the Website, there are several online forms which you can use to provide information to us, or gather information about us. In order for us to respond to your request, we ask that you provide to us, among other things, your first and last name, mailing address, telephone number, and email address on the online form. Other information may be identified as optional, and you may choose whether or not to provide it. The use of these online forms is completely voluntary. We may use your first and last name, email address, mailing address and telephone number to contact you from time to time. In addition, we may use that information internally for assessing our business and how the Website is used. Visitors to the Website may navigate the entire Website without using any of these features or providing any information.

Correspondence

If you correspond with us, including via e-mail, video conference and/or telephone, we may retain such information and PII included as part of the correspondence. In addition, where we have sent an email to you, we may receive confirmation that you have opened it. If you want to unsubscribe from a M&B email list, please let us know by following the “Unsubscribe” instructions that are included in each promotional email from us. Please note that such requests may take up to ten (10) days to become effective.

Cookies and Other Tracking Methods

Like many websites, we may use cookies and similar technologies to collect additional website usage data. A cookie is a small piece of text sent to your browser by a website you visit. It helps the website to remember information about your visit, like your preferred language and other settings. That can make your next visit easier and the site more useful to you. Cookies do not contain personally identifiable information; however, once you choose to furnish a site with personally identifiable information, this information may be linked to the data stored in the cookie. When you access our Website, we look into the cookie to fill out some fields you would otherwise have to re-enter (but not passwords or any financial information) and customize our Website to be more relevant to you. There are products commercially available that are designed to help you disable cookies. You may delete and/or decline our cookies by selecting the appropriate settings on your browser, but some parts of our Website may not work properly if you do so and this may affect your ability to use the full functionality of the Website. Also, most browsers have incorporated certain “do not track” (DNT) features. Most of these features, when turned on, send a signal or preference to the website that a user visits, indicating that the user does not wish to be tracked. At this time, our Website does not respond to browser “do not track” (DNT) signals or other “opt out” settings or features that may be offered by your browser or similar devices, however, we reserve the right to do so in the future.

Personally Identifiable Information and Information from Other Sources

We may receive PII and information about you from other sources, such as our clients, agents, vendors and service providers and from publicly available sources. For example, sometimes we receive updated address information from third parties that we may use to update our records.

Disclosing Personally Identifiable Information To Third Parties

We do not sell or rent your personally identifiable information. We may, however, share your PII with third parties (including any clients, agents, vendors, service providers and any affiliate or subsidiary we may have), under the following circumstances:

1. The PII is provided to help promote or otherwise market a service to you or complete a transaction for you.
2. The PII is provided to our clients, agents, vendors or service providers who perform functions on our behalf. These clients, agents, vendors or service providers only receive PII, if such information is needed to perform their function(s) or services, and they are not authorized to use any PII for any purpose(s) other than the purpose(s) set forth by us. Our clients, agents, vendors and service providers are prohibited from using your PII except to provide these services to us, and they are required to maintain the confidentiality of your PII.
3. The PII is provided to comply with applicable law, regulation or governmental request, enforce our Terms of Use or other agreements we have with you, or to protect our rights, property or safety, or the rights, property or safety of our users or others.
4. The disclosure of PII is done as part of a purchase, sale or transfer of services or assets (for example, if substantially all of our assets are acquired by another party, your PII may be one of the transferred assets). We may also transfer such PII in the course of corporate divestitures, mergers, dissolution, joint ventures or reorganization.

We may store PII in locations outside our direct control (for instance, on servers or databases co-located with hosting providers).

For your convenience, you may consult the chart below to see what information we disclose and what categories of information we have disclosed in the prior 12 months.

What We May Disclose

• Identifiers: A real name, alias, postal address, unique personal identifier, Internet Protocol address, online identifier, email address.
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): A name, address, telephone number, education, employment, and employment history.
• Characteristics of protected classifications under California or federal law: Race, gender, and age.
• Professional or employment-related information: Employment, employment history and professional information.
• Education information: Information that it not publically available as defined in the California Family Educational Rights and Privacy Act.

To Whom PII is Disclosed

Our employees and third parties including any clients, agents, vendors, service providers and any affiliate or subsidiary we may have.

Reason for Disclosure*

To perform or market a placement service to, or for, you or complete a transaction for you; or for clients, agents, vendors or service providers who perform functions on our behalf.

*In addition to the reasons for disclosure described above, we may, in our sole discretion, disclose original and updated PII to comply with applicable law, regulation or governmental request, to enforce our Terms of Use or other agreements we have with you, or to protect our rights, property or safety, or the rights, property or safety of our users or others.

We may also gather aggregated data about you and disclose the results of such aggregated information (but not PII) to third parties for marketing, promotional or other purposes.

Sale of Personally Identifiable Information

In the preceding twelve (12) months, we have not sold personally identifiable information.

Inapplicability of Privacy Policies of Any Linked Websites or Other Third Parties

Our Website contains links to or integrations with other sites, whose information practices may be different than ours. Visitors should consult the other sites’ privacy notices as we have no control over information that is submitted to, or collected by, these third parties.

This Privacy Policy only addresses M&B’s use and disclosure of your personally identifiable information. We are not responsible for the privacy practices of any third parties or the content of linked websites, although we encourage you to read any applicable privacy policies of such parties or websites.

Sharing Your Personal Information

We share your PII with third parties to help us use your PII, as described above. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Protection of Personally Identifiable Information

We have put in place appropriate physical, electronic and managerial procedures to safeguard against foreseeable risks, such as unauthorized access. While no security program can fully protect Personally Identifiable Information from unauthorized disclosure, we have implemented internal policies and technical measures to protect Personal Information from loss, accidental destruction, misuse or disclosure. Such internal policies and technical measures include:

• Procedures and controls to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and platforms;
• Procedures for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing;
• Procedures to ensure that data is not accessed, except by individuals in the proper performance of their duties; and
• Training all of our employees who handle PII on how to properly handle and protect PII.

Please be aware that the Website and data storage are run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. We are not responsible for the acts and omissions of any third parties.

No transmission of data over the internet is guaranteed to be completely secure. We cannot guarantee the security of the information on and sent from the Website. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect your personally identifiable information, we cannot ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is done at your own risk.

Length of PII Retention

We retain personal information for as long as needed or permitted in light of the purposes for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide our placement services to you or our clients (for example, for as long as you have an account with us or keep using our services);
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transaction or communications for a certain period of time before we can delete them); and
• Whether retention is advisable in light of our legal rights (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

Compromise of Personally Identifiable Information

In the event that PII is compromised as a result of a breach of security, we will promptly notify those persons whose PII has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

Information from Children

Because of the nature of our business, our products and services are directed to persons 18 years of age or older and are not designed to appeal to minors. If you provide information to us through the Website, you represent and warrant to us that you are 18 years of age or older. We do not knowingly collect, use, sell, share, disclose attempt to solicit or receive any personal information from children under the age of 18. Specifically, the Website is not intended or designed to attract children under the age of 13. If you are 13 -17 years of age, you may visit, browse and use the information on the Website, but you may not submit any personal information to the Website, and you represent and warrant that you have permission of your parent or guardian to use the Website, who agrees to this Privacy Policy and the Terms of Use on your behalf. If you are a parent and believe that we may have inadvertently collected personal information from your child, please notify us immediately by sending an email, including the Website to which your request pertains, to mb@morrisberger.com.

Conditions of Use, Notices and Changes to Our Privacy Policy

By using the Website you agree to the terms and conditions in this Privacy Policy and the M&B Terms of Use (the terms and conditions of which are hereby incorporated by reference). In the event of any conflict between the terms and conditions of this Privacy Policy and the Terms of Use, then the Terms of Use shall control. If you do not agree to any of these terms and conditions you should not access, browse or use the Website.

You agree that any dispute over privacy or the terms contained in this Privacy Policy, our Terms of Use, or any other agreement we have with you will be governed by the law of the State of California.

As our business changes from time to time, this Privacy Policy and the Terms of Use are subject to change at any time. We reserve the right to amend the Privacy Policy and Terms of Use at any time, for any reason, without notice to you, other than the posting of the amended Privacy Policy and/or Terms of Use to the Website and changing the version number and date of the Terms of Use and Privacy Policy which is noted just below the first line of text that is the title of these documents. The use of your information is subject to the Privacy Policy and Terms of Use in effect at the most recent time of use. The policies and procedures described herein replace all previous policies and procedures regarding this subject. We encourage you to periodically check back and review the policies and procedures so that you always will know what PII and other information we collect, how we use it, and with whom we share it.

Governing Law

This Privacy Policy shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable, including without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside.

Notice of Privacy Rights of California Residents

Personal Information Shared for Direct Marketing Purposes

If you are a California resident and have provided personal information to us, you are entitled by law to request certain information about the personal information we shared, if any, with other businesses for their own direct marketing uses. To make such a request, send an email to mb@morrisberger.com with “Request for California Privacy Information” on the subject line and in the body of your message. Include the website or line of business to which your request pertains. We will provide the requested information to you at your e-mail address in response. Please allow thirty (30) days for a response. We are required to respond to only one request per customer each year, and we are not required to respond to requests made by means other than through the above email address.

We will not share your personal information with third parties for their direct marketing purposes if you request that we do not do so. You may make such a request by sending us an email at mb@morrisberger.com or calling us at (818) 507-1234. When contacting us, please indicate your name, address, email address, which website or line of business to which your request pertains, and what personal information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personal information or for processing this request.

California Do Not Track Disclosures

California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how a website operator responds to “Do Not Track” (DNT) browser settings. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks and analytic companies. We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, please visit: www.allaboutdnt.org.

Please direct any inquiries relating to PII to mb@morrisberger.com or (818) 507-1234.

Privacy Rights for Nevada Residents

Nevada residents have the right to direct us not to sell certain personally identifiable information that we collect about you on our Websites or other online services by emailing us at mb@morrisberger.com. This information includes: your first name or first initial and last name in combination with your social security number; driver’s license number, driver authorization card number or identification card number; account number, credit card number or debit card number, in combination with any required security code, access code or password that would permit access to your financial account; medical identification number or a health insurance identification number; user name, unique identifier or electronic email address in combination with a password, access code or security question and answer that would permit access to an online account.

Additionally, you may review and request that we change the personally identifiable information that we collect about you on our Online Services by emailing us at mb@morrisberger.com.

Our service providers and other third parties may collect personally identifiable information about your online activities over time and across different internet websites or online services when you use our Online Services.

Please direct any inquiries relating to PII to mb@morrisberger.com or (818) 507-1234.

Privacy Rights for EU and Swiss Residents

We collect, process, and maintain information in the United States, where privacy laws may not be as protective as in your home country. Users who provide us with PII from a country in the European Economic Area (“EEA”) should understand that the transfer of their information to the United States for processing and maintaining in a manner consistent with this Statement and the purposes required to carry out the purposes and functions relating to their application is done so for the purpose of fulfilling contractual obligations between the individual and us.

Depending on your country or state of residence, you may have certain rights regarding the PII we collect about you and how we process your PII. If you would like to object to your PII being processed, or would like your PII corrected, amended, or deleted, or have any other inquiries, please contact us at mb@morrisberger.com or (818) 507-1234.

However, please note that your exercise of rights may be limited or refused where your attempt to exercise such rights is in an unresolvable conflict with another’s equal or greater rights.

If you are resident in the European Economic Area or Switzerland, under European or Swiss law you have the following additional rights in respect of your Personal Information that we hold:

• Right of access. You have the right to obtain confirmation of whether, and where, we are processing your Personal Information; information about the categories of Personal Information we are processing, the purposes for which we process your Personal Information and information as to how we determine applicable retention periods; information about the categories of recipients with whom we may share your Personal Information; and a copy of the Personal Information we hold about you.
• Right of portability. You have the right, in certain circumstances, to receive a copy of the Personal Information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
• Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete Personal Information we hold about you without undue delay.
• Right to erasure. You have the right, in some circumstances, to require us to erase your Personal Information without undue delay if the continued processing of that Personal Information is not justified.
• Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your Personal Information if the continued processing of the Personal Information in this way is not justified, such as where the accuracy of the Personal Information is contested by you.
• Right to object. You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your Personal Information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
• If you are a resident in France, you also have the right to set guidelines for the retention and communication of your Personal Information after your death.

If you wish to exercise one of these rights, please contact us at mb@morrisberger.com or (818) 507-1234.

EU residents also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at: https://ec.europa.eu/info/law/law-topic/data-protection_en. Swiss residents have the right to lodge a complaint with the Swiss Federal Data Protection and Information Commissioner at: https://www.edoeb.admin.ch/edoeb/de/home.html?lang=en.

Questions Regarding This Privacy Policy

If you have any questions about our Privacy Policy or would like to remove your stored information, please contact us at mb@morrisberger.com or call us at (818) 507-1234.