Welcome to www.berensonhardware.com (the “Site”), a website provided by Berenson Corp, a New York Corporation (“Berenson”). Berenson respects your privacy, and this policy covers Berenson’s handling, use and where applicable, disclosure of information collected from you through the Site or other sources in the ordinary course of Berenson’s business.
1. AcceptanceYou should review this policy carefully, and be sure you understand it, prior to using the Site or otherwise providing any information to Berenson. Your use of the Site, providing any information to Berenson or any other indication of your assent is deemed to be acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, the Site and not otherwise provide any information to Berenson. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.
3. Collected InformationNo Collected Information is obtained from you, unless it is voluntarily provided, except for any Collected Information obtained automatically through the Site as set forth in this policy. Regardless of the method used to obtain Collected Information, Berenson will collect and retain Personal Information in its primary and backup files only to an extent that is relevant to the purposes for which it is provided by you, for Berenson’s legitimate business purposes (including, but not limited to, marketing). You are responsible for obtaining any approvals, authorizations, consents and permissions that are required in connection with your providing Berenson with any information (including, but not limited to, any information relating to a third party).
4. ChoiceYou may refuse to provide any information to Berenson at any time by terminating your use of the Site, or in all other cases not involving use of the Site, by notifying Berenson as set forth in Section 18. If you refuse to provide any information when requested to do so by Berenson or the Site, you may not be able to access, or otherwise enjoy the benefits of, certain products and services from Berenson or features of the Site.
5. Electronic CommunicationsWhether or not you have previously sent Berenson an e-mail message, you consent to Berenson’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site, (b) in the ordinary course of business, or (c) for any other legitimate business purpose (including, but not limited to, Berenson’s newsletter and other marketing materials). Since Berenson endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting Berenson as set forth in Section 18 or by following the directions contained in such e-mail messages or other electronic communications.
6. Analytical InformationWhen you access the Site, Berenson will collect Analytical Information. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing, cookies, you may not be able to enjoy some features of the Site.Analytical Information will only be used by Berenson (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make the Site more useful to you and other users, and (d) for other legitimate business purposes of Berenson (including, but not limited to, marketing). Berenson will collect Analytical Information either directly or through third parties acting on its behalf.7. SecurityBerenson will protect Personal Information from loss, misuse and unauthorized access, alteration, destruction and disclosure as required by all laws applicable to Berenson; provided, however, that, except as provided in the immediately following sentence, Berenson will, at a minimum, use commercially reasonable administrative and technical efforts to protect Personal Information from loss, misuse and unauthorized access, alteration, destruction and disclosure. Certain Personal Information posted by you on the Site may be accessible to the general public, and Berenson is not responsible for protecting such Personal Information from loss, misuse or unauthorized access, alteration, destruction or disclosure. For example, if you participate in a public forum on the Site, any information disclosed by you when doing so may be available to the general public. Also, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost, misused or accessed, altered, destroyed or disclosed without authorization, even with Berenson’s use of such reasonable efforts. In providing information to Berenson, you must assume the risk that Collected Information could be lost, misused or accessed, altered, destroyed or disclosed without authorization.
8. Use and Transfer of Collected InformationAll Collected Information may be used by Berenson for any legitimate business purpose (including, but not limited to, marketing). If Berenson expressly states in this policy or in another writing that any Collected Information will only be used for a specific purpose, Berenson will only use such Collected Information for such purpose, unless you subsequently consent to its being used for another purpose.Berenson may also at any time, in its sole discretion, disclose and use any Collected Information (including, but not limited to, a computer’s Internet protocol addresses), whether or not you furnished such Collected Information for a specific purpose, to (a) comply with, or as permitted by, any applicable law or government request, (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (c) protect the rights, property or legitimate business interests of Berenson or a third party, or (d) transfer such Collected Information to a third party acquiring all, or substantially all, of Berenson’s assets. If Collected Information is so transferred, Berenson will have no responsibility for any action of the third party to whom or which such Collected Information is transferred.
10. AccessBerenson does not warrant or represent that any Collected Information will be accurate or error-free. However, upon your request, Berenson will grant you access to your Personal Information in the possession, or under the control, of Berenson solely for the purpose of correcting or deleting such Personal Information that is inaccurate or has been processed in violation of this policy, except when the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated.
11. ChildrenThe Site is not intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Information of such a child has been submitted to Berenson through the Site without the parent’s or guardian’s consent, Berenson will use commercially reasonable efforts to remove such information from the Site and Berenson’s servers at the parent’s or guardian’s request. To request the removal of such Personal Information, the parent or guardian must contact Berenson as set forth in Section 18, and provide all information requested by Berenson to assist it in identifying the Personal Information to be removed.
12. Applicable LawThis policy shall be governed by, and construed and interpreted in accordance with the laws of the State of New York, without regard to its principles of conflict of laws.
13. ComplaintsAny complaint by you regarding any Collected Information, or otherwise relating to this policy, must first be submitted to Berenson as set forth in Section 18, and Berenson must be given a reasonable opportunity of not less than 30 days to investigate and respond to your complaint. Upon Berenson’s completing such investigation and so responding, Berenson and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 30 days: (a) you may commence litigation against Berenson in connection with the unresolved portion of your complaint only in a court located in Erie County, NY, and having subject matter jurisdiction over your complaint; and (b) you consent to any such court’s being, and waive any objection (including, but not limited to, any such objection based on inconvenience) to such court’s not being, a proper venue for your complaint.
14. Entire AgreementExcept as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and Berenson, with respect to Collected Information. If you use the Site or otherwise have business dealings with Berenson, such use or dealings will be subject to this policy, plus any other written agreement between the parties that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.
15. SeverabilityWhenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
16. RevisionsBerenson may revise any provision of this policy from time to time by posting the revised provision on the Site. Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by Berenson after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy. The latest version of this policy will always be the one posted on the Site.
17. ExpensesExcept as provided in other applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with your enforcing your rights under this policy.
18. Contact InformationIf you have any questions or complaints, desire additional information, or need to notify Berenson of anything regarding Berenson’s handling of any Collected Information or otherwise relating to this policy, please promptly contact Berenson as follows:
Berenson Corp2495 Main Street, Suite 111 Buffalo, NY 14214 -or-Berenson at firstname.lastname@example.org
Effective Date: December 14, 2018