Berkshire Corporation Privacy Policy

This Privacy Policy (the “Policy”) sets out how Berkshire Corporation (“Berkshire,” “our,” “us,” or “we”) and/or our affiliates, collect, store and use personal information about you when you use or interact with our website at berkshire.com.cn (the “Site”) and where you otherwise engage with us (collectively, the “Services”). This Privacy Policy is effective from 5/22/2018 and was last updated on 11/05/2026.

For ease of reference, this Privacy Policy is divided in two: a summary privacy policy and the full privacy policy.

If you have any questions about our Privacy Policy, please contact us by sending an email to [email protected]

Summary Privacy Policy

This section describes our collection, use, and disclosure of your personal information in connection with your use of our Services. It is intended to provide a very general overview only. It is not complete in and of itself and it must be read in conjunction with the corresponding full sections of this Privacy Policy.

Data controller: Berkshire Corporation

The following table describes the categories of personal information we collect, the purpose for our collection, and whether that category of personal information is “sold” or “shared.”

Our use and/or disclosure of your personal information to marketing partners for targeted advertising purposes could be considered “selling” or “sharing.” If you opt-in to such selling or sharing, you can later opt-out by emailing your request to [email protected], using our cookie banner, or using an opt-out preference signal, such as the Global Privacy Control (“GPC”) on browsers and/or browser extensions that support such a signal. To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs.

How long we retain your personal information:

• Server log information: we retain information on our server logs for 24 hours.
• Order information: when you place an order for goods and Services, we retain that personal information for six years following the end of the financial year in which you placed your order, in accordance with our legal obligation to keep records for tax purposes.
• Correspondence and enquiries: when you make an enquiry or correspond with us for any reason, whether by email or via our contact form or by phone, we will retain your personal information for as long as it takes to respond to and resolve your enquiry, after which point we will delete your personal information.
• E-Newsletter: we retain the personal information you used to sign up for our e-newsletter for as long as you remain subscribed (i.e., you do not unsubscribe) or if we decide to cancel our e-newsletter service, whichever comes earlier.

In any other circumstances, we will retain your personal information for no longer than necessary, taking into account the following:

• the purpose(s) and use of your personal information, both now and in the future, such as whether it is necessary to continue performing our obligations or to contact you in the future;
• whether we have any legal obligation to continue processing your personal information, such as any record-keeping obligations imposed by relevant law or regulation;
• whether we have any legal basis to continue processing your personal information, such as your consent;
• how valuable your personal information is, both now and in the future;
• any relevant agreed industry practices on how long personal information should be retained;
• the levels of risk, cost, and liability involved with our continuing to hold the personal information;
• how hard it is to ensure that the personal information can be kept up to date and accurate; and
• any relevant surrounding circumstances, such as the nature and status of our relationship with you.

How we use your personal information: We collect and process your personal information for administrative and business purposes (e.g., to contact you and process orders you place on the Site), to improve our business and website, to fulfill our contractual obligations, to advertise our goods and Services, to analyze use of the Site, and in connection with our legal rights and obligations.

Use of digital tracking technologies: we use cookies and other digital tracking technologies on the Site, including for essential, functional and analytical purposes. For more information, please visit our Cookie Policy.

Transfers of your personal information across borders: in certain circumstances we may transfer your personal information across borders. For example, we process personal information in the United States of America. When we transfer your personal information across borders, we take appropriate safeguards, including using service providers that have self-certified themselves as compliant with the E.U.-U.S. Data Privacy Framework.

Your rights in relation to your personal information: Depending on where you live, you may have the following rights:

• to access your personal information and to receive information about its use
• to know what personal information is being processed
• to have your personal information corrected and/or completed
• to have your personal information deleted
• to opt out of the sale or sharing of your personal information
• to not receive discriminatory treatment for exercising your rights
• to access and opt out of automated-decision making technology
• to restrict the use of your personal information
• to receive your personal information in a portable format
• to object to the use of your personal information
• to withdraw your consent to use of your personal information
• to complain to a supervisory authority

Sensitive personal information: we do not knowingly or intentionally collect what is commonly referred to as “sensitive personal information.” Please do not submit sensitive personal information about yourself to us. For more information, please see the main section below titled “Sensitive Personal Information.”

Full Privacy Policy

Our Details

The data controller in respect of the Site is Berkshire Corporation, a Delaware Corporation, the registered office of which is at 21 River Street, Great Barrington, MA 01230 USA. You can contact the data controller by writing to Berkshire Corporation, 21 River Street, Great Barrington, MA 01230 USA or by sending an email to [email protected]. If you have any questions about this Privacy Policy, please contact the data controller.

Scope

When you use our Services, you agree to our collection, use, and disclosure of personal information about you as described in this Privacy Policy. If you do not provide us with personal information we request, we may not be able to provide you with our Services or your experience with those Services may be impaired. For purposes of this Privacy Policy, “personal information” means non-public information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to an individual.

Information We Collect When You Visit the Site

We collect and use personal information obtained from website visitors in accordance with this section and the section entitled “Disclosure and Additional Uses of Your Personal Information.”

Depending on your selections, the information collected when you visit the Site may include internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications, or advertisements. The information is collected through our use of various digital technologies present on the Site. We collect this information for each of the purposes or legitimate interests described below.

Web Server Log Information

We use a third party server to host the Site called WP Engine, the privacy policy of which is available here: https://wpengine.com/legal/privacy/. Depending on your selections, our Site server may log the IP address you use to access the Site as well as other information about your visit such as the pages accessed, information requested, the date and time of the request, the source of your access to the Site (e.g. the website or URL (link) which referred you to the Site), and your browser version and operating system.

Use of website server log information for IT security purposes

We and our hosting providers collect and store server logs for network and IT security purposes, but do not generally attempt to identify users, except as part of investigating suspicious or potential criminal activity.

• Legal basis for processing: compliance with legal obligations (Article 6(1)(c) of the General Data Protection Regulation (“GDPR”)); legitimate interest in ensuring network and information security (Article 6(1)(f) of the GDPR).
• Legal obligation: we have a legal obligation to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk of our processing of personal information about individuals (recording access to the Site using server log files is such a measure);

Use of website server log information to analyse website use and improve the Site

We use the personal information collected by the Site’s server logs to analyse interactions with the Site and its features. For example, we analyse the number of visits and unique visitors we receive, the time and date of the visit, the location of the visit, and the operating system and browser used.

We use the personal information gathered from the analysis of this information to improve the Site. For example, we use the information gathered to change the information, content, and structure of the Site and individual pages based according to what users are engaging most with and the duration of time spent on particular pages on the Site.

• Legal basis for processing: our legitimate interests (Article 6(1)(f) of the GDPR); consent (GDPR Article 6(1)(a)).
• Legitimate interest: improving the Site and getting to know the Site’s users’ preferences so the Site can better meet their needs and desires.

Cookies and Similar Technologies

Cookies are data files which are sent from a website to a browser to record information about users for various purposes. If you enable cookies and similar digital tracking technologies via our cookie banner, we use cookies and other digital technologies on the Site to collect internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.

Depending on your selections, this could include essential, functional, analytical, and targeting cookies, web beacons, and pixels. We use the information gathered via these technologies to maintain and optimize our Site (e.g., improving security, fixing bugs, preventing website crashes), associate information with a particular user or device, personalize your experience, and for marketing purposes.

While we recommend that you enable all digital tracking technologies because they allow you to take advantage of some of the features of the Site, you can accept or reject most of the technologies we use on the Site via our cookie banner or by changing your browser settings. Specifically, you can configure your browser settings to (i) receive notifications when you are receiving new cookies, (ii) disable cookies, or (iii) delete cookies. Please refer to your Web browser's help section for information on how to do this.

Because we engage in cross-context behavioral advertising (sometimes called “selling” or “sharing”), we respect opt-out preference signals. If you have previously opted in to our use of cookies and other digital technologies, you can opt-out of selling/sharing by emailing your request to [email protected], using our cookie banner, or using an opt-out preference signal, such as the Global Privacy Control (“GPC”) on browsers and/or browser extensions that support such a signal. To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

For further information about cookies, including how to change your browser settings, please visit www.allaboutcookies.org or see our Cookie Policy.

Personal Information We Collect When You Contact Us

We collect and use information from individuals who contact us. The personal information collected when you visit the Site may include identifiers and contact information, such as name, phone number, postal address, email address, age, and date of birth. This information is collected from the sources and for the purposes or legitimate interests described below.

Email

When you email us, we collect your email address and any other personal information you provide in that email (such as your name, telephone number, and the information contained in any signature block in your email).

• Legal basis for processing: our legitimate interests (GDPR Article 6(1)(f)); necessary to perform a contract or to take steps at your request to enter into a contract (GDPR Article 6(1)(b)).
• Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.
• Reason why necessary to perform a contract: where your message relates to our providing you with goods or Services or taking steps at your request prior to providing you with our goods and Services (for example, providing you with information about such goods and Services), we will process your personal information in order to do so.

Web Chat

When you chat with us on the Site, we and our providers collect your email address and any other personal information you provide in the chat such as your name and telephone number, along with a copy of the chat transcript.

• Legal basis for processing: our legitimate interests (GDPR Article 6(1)(f)); necessary to perform a contract or to take steps at your request to enter into a contract (GDPR Article 6(1)(b)).
• Legitimate interest(s): responding to inquiries we receive and keeping records of correspondence.
• Reason why necessary to perform a contract: where your chat relates to our providing you with goods or Services or taking steps at your request prior to providing you with our goods and Services (for example, providing you with information about such goods and Services), we will process your personal information in order to do so.

Contact Form(s)

When you contact us using our contact form(s), we may collect your name, email address, IP address, IP geolocation, and information you provide to us when you complete the contact form, such as phone number, company name, job title, industry, and company size.

If you do not provide the mandatory information required by our contact form, you will not be able to submit the contact form, and we will not receive your inquiry.

If you do not supply the optional information required by our contact form, such as phone number, we will not be able to respond to your inquiry by phone.

• Legal basis for processing: our legitimate interests (GDPR Article 6(1)(f)); necessary to perform a contract or to take steps at your request to enter into a contract (GDPR Article 6(1)(b)).
• Legitimate interest(s): responding to inquiries and messages we receive and keeping records of correspondence.
• Reason why necessary to perform a contract: where your message relates to our providing you with goods or Services or taking steps at your request prior to providing you with our goods and Services (for example, providing you with information about such goods and Services), we will process your personal information in order to do so.

Phone

When you contact us by phone, we collect your phone number and any personal information you provide to us during your conversation with us. By calling us, you consent to our collection of your personal information during the call.

• Legal basis for processing: for personal information collected when you contact us by phone, our legitimate interests (GDPR Article 6(1)(f)); necessary to perform a contract or to take steps at your request to enter into a contract (GDPR Article 6(1)(b)).
• Legitimate interest(s): responding to inquiries and messages we receive and keeping records of correspondence, maintaining the quality of our customer services, training our staff, and keeping records of customer communications.
• Reason why necessary to perform a contract: where your message relates to our providing you with goods or Services or taking steps at your request prior to providing you with our goods and Services (for example, providing you with information about such goods and Services), we will process your personal information in order to do so.

Post

If you contact us by post (mail), we will collect any personal information you provide to us in any postal communications you send us.

• Legal basis for processing: our legitimate interests (GDPR Article 6(1)(f)); necessary to perform a contract or to take steps at your request to enter into a contract (GDPR Article 6(1)(b)).
• Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.
• Reason why necessary to perform a contract: where your message relates to our providing you with goods or Services or taking steps at your request prior to providing you with our goods and Services (for example, providing you with information about such goods and Services), we will process your personal information in order to do so.

Information We Collect When You Interact with the Site

We collect and use information from individuals who interact with particular features of the Site in accordance with this section and the section titled “Disclosure and Additional Uses of Your Personal Information.” This personal information may include identifiers and contact information as well as any other personal information described in this section. This personal information is collected from the sources and for the purposes or legitimate interests described below.

We use personal information collected from your interactions with the Site or our email communications to support online advertising and marketing activities, and we may disclose information we or third-party digital technology companies collect on the Site with third party advertising and marketing companies. Third-parties, including, for example, Google and Microsoft may display our advertisements on websites and platforms across the Internet. These parties use cookies and similar technologies to serve ads based on a user’s prior visits to websites or use of our Services. They and their partners, including Google, may use these technologies to collect information about your interactions with the Site to provide personalized advertising. Please see Microsoft’s Privacy Statement here. You can opt out of Google’s use of cookies or other technologies by visiting Google’s Ads Settings.

E-Newsletter

When you sign up for our e-newsletter on the Site or opt to receive news, offers, and educational content from us by entering your name and email address and clicking subscribe or ticking a box at checkout indicating that you would like to receive our e-newsletter, we collect personal information such as your name and email address.

• Legal basis for processing: your consent (GDPR Article 6(1)(a)).
• Consent: you give your consent to us sending you our e-newsletter by signing up to receive it using the steps described above.

We use technologies such as web beacons (small graphic files) in the emails we send to allow us to assess the level of engagement our emails receive by measuring information such as the delivery rates, open rates, and click through rates which our emails achieve. We will only use web beacons in our emails if you have consented to us doing so.

For more information on how we use web beacons in our e-newsletter emails, see our Cookie Policy.

For more information about our mailing list service provider and how they use web beacons, please see their privacy policy which is available here: https://legal.hubspot.com/privacy-policy.

Registering On the Site

When you register and create an account on the Site, we collect the following personal information: name, email, address, company name, password, IP address, and any other information you provide to us when you complete the registration form.

If you do not provide the mandatory information required by the registration form, you will not be able to register or create an account on the Site.

If you do not supply the optional information requested by our registration form, such as not providing the optional information requested by registration form such as phone number, we will not be able to respond to your inquiry by phone.

• Legal basis for processing: our legitimate interests (GDPR Article 6(1)(f)).
• Legitimate interest: registering and administering accounts on the Site to register with us and to provide a method for requesting samples.

Personal Information Collected When You Place an Order

We collect and use personal information from individuals who place an order on the Site in accordance with this section and the section titled “Disclosure and Additional Uses of Your Personal Information.” This information may include identifiers and contact information, categories of personal information described in subdivision (e) of Section 1798.80, and commercial information (e.g., records of personal property, products or service purchased, obtained, or considered). This information is collected from the sources and for the purposes or legitimate interests described below.

Mandatory information

When you place an order for goods or Services on the Site, we collect your name, company name (if applicable), email address, billing address, shipping address, telephone number, and any order information you provide at checkout.

If you do not provide this information, you will not be able to purchase goods or Services from us on the Site or enter into a contract with us.

• Legal basis for processing: necessary to perform a contract (GDPR Article 6(1)(b)); compliance with a legal obligation (GDPR Article 6(1)(c)).
• Reason why necessary to perform a contract: we need the mandatory information collected by our checkout form to establish who the contract is with and to contact you to fulfill our obligations under the contract, including sending you receipts and order confirmations.
• Legal obligation: we have a legal obligation to issue you an invoice for the goods and Services you purchase from us where you are VAT registered and we require the mandatory information collected by our checkout form for this purpose. We also have a legal obligation to keep accounting records, including records of transactions.

Processing Your Payment

After you place an order on the Site you will need to make payment for the goods or Services you have ordered. In order to process your payment, we use a payment processor, Authorize.net. Your payment will be processed by Authorize.net via a payment gateway. Authorize.net collects, uses, and processes your personal information, including payment information, in accordance with their privacy policies. You can access their privacy policies via the following link: https://www.authorize.net/company/privacy/.

• Legal basis for processing: necessary to perform a contract (GDPR Article 6(1)(b)).
• Reason why necessary to perform a contract: to fulfill your contractual obligation to pay for the goods or Services you have ordered from us.

Marketing Communications

At checkout, you will have the option of receiving marketing communications from us.

If you choose to receive marketing communications from us, we may collect your personal information, including identifiers and contact information, such as your name, phone number, postal address, and email address. This personal information is collected directly from you and for the purposes or legitimate interests described below.

You can opt in to receiving marketing communications from us in relation to our goods and Services by email by ticking the box “Tick here if you would like to receive offers and promotions from us by email.” Your information will be held in accordance with our Privacy Policy and you can unsubscribe at any time.

We will send you marketing communications in relation to similar goods and Services if you do not opt out from receiving them.

• Legal basis for processing: consent (GDPR Article 6(1)(a)).
• Consent: you give your consent to us sending you information about our goods and Services by signing up to receive such information in accordance with the steps described above.

Use of web beacons and similar technologies in emails

If you consent, we use technologies such as web beacons (small graphic files) and pixels in the emails we send to allow us to assess the level of engagement our emails receive by measuring information such as the delivery rates, open rates, and click through rates which our emails achieve.

For more information on how we use web beacons in our emails, see our Cookie Policy.

For more information about our mailing list service provider and how they use web beacons, please see their privacy policy which is available here: https://legal.hubspot.com/privacy-policy.

Our Use of Automated Decision-Making and Profiling

We use automated decision making and profiling on the Site, but we do not consider our use to have any legal effect on you or significantly affect you.

You have the right to object to our use of automated decision making and profiling described in this section. You can do that by electing not to opt in to or opting out of our use cookies and similar technologies in accordance with the method described in the “Cookies and Similar Technologies” section above.

You can find out more about our use of cookies and similar technologies (including the legal basis on which we use them) and, if you previously opted in, how to opt out from them, in our Cookie Policy.

Automated Decision Making

Automated decision making is decision making where technology (i.e., a machine) processes personal information and uses computation to replace or substantially replace human decision making. If you opt-in, we use automated decision making to display advertising, including Microsoft Ads, LinkedIn Ads, and Google AdSense. We do not use automated decision making to make decisions that have a legal or significant impact on you.

Advertising

If you opt-in to our use of digital tracking technologies via our cookie banner, we automate displaying advertisements containing our products and Services on other websites you visit, based on the fact that you have visited the Site.

Marketing Automation

Depending on your selections, we may use automated decision making for lead scoring derived from account activity using our marketing automation software (HubSpot). We may also use automated decision making to help identify and suspend accounts sending spam or engaged in other abusive or fraudulent activity.

• Logic involved: displaying advertisements to individuals who have visited the Site and scoring visitors based on established criteria and activity is more efficient than manually displaying advertisements or displaying advertisements by different means and enables us to gauge interest in our products and Services over time.
• Significance and envisaged consequences: if you enable tracking technologies, we recognize the fact that you have visited the Site, display advertisements to you, and track your interest and Site behavior over time.
• How to object: you can choose to not enable these technologies, or if you enable them, later opt-out of them, via our cookie banner, by blocking third party cookies using browser settings, or by emailing your request to [email protected]. For Google DoubleClick, if you enabled Google DoubleClick, you can later opt out of seeing personalized ads by following the instructions here: https://support.google.com/ads/answer/2662922?hl=en-GB.
• Legal basis for processing: our legitimate interests (GDPR Article 6(1)(f)); consent (GDPR Article 6(1)(a)).
• Legitimate interest: improving the efficiency of our advertising, gauging interest in our products and Services, and preventing abusive or fraudulent activity.

For further information on the technologies we use, please see our Cookies Policy.

Profiling

Profiling is any form of automated processing of your personal information to evaluate personal aspects about you, in particular to analyse or predict things like your performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements. Subject to your selections, we use profiling in the following ways:

Web Analytics

Depending on your selections, our web analytics service, Google Analytics, may use and collect personal information such as your location (based on your IP address) and your behavior (based on cookies) when you access the Site (such as the pages you visit and what you click on). We will only process personal information from cookies if you have consented to us setting cookies on your computer in accordance with our Cookie Policy.

Marketing Emails

If you consent, we use web beacons and/or pixels in our marketing emails to analyse if you open our emails and what actions you take (for example, what you click on). See our Cookie Policy for more information.

Marketing Automation

Subject to your selections, we use profiling in our marketing automation software (HubSpot), which uses and collects information such as your location (based on your IP address) and your behavior (based on cookies) when you access the Site (such as the pages you visit and what you click on).

Web Chat

Subject to your selections, we may use profiling in our web chat service (HubSpot), which uses and collects information such as your location (based on your IP address) and your behavior (such as the pages you visit and what you click on) when you access the Site.

• Logic involved: by analyzing and categorizing information such as the location (based on IP address) as well as the behavior and devices of visitors to the Site (using tracking technologies), we are able to gain a better understanding of what our Site visitors want (in terms of the content of the Site and our products), how to improve the Site, how to advertise and market our Services to you, the effectiveness of our emails, and how to address your immediate inquiries.
• Significance and envisaged consequences:
• subject to your selections, tracking technologies may be used to recognize the fact that you have visited the Site or opened one of our emails in order to track your interest and behavior over time and provide more relevant advertisements. Your location may also be analysed based on your IP address.
• How to object: you can choose not to enable tracking technologies, or if you previously enabled them, change your mind via our cookie banner, blocking third-party cookies using browser settings, or emailing your request to us at [email protected]. If you opt into receiving our marketing emails, you can later opt out by clicking the unsubscribe button at the bottom of the email message or via email at [email protected].
• Legal basis for processing: our legitimate interests (GDPR Article 6(1)(f)); consent (GDPR Article 6(1)(a)).
• Legitimate interests: improving the Site, understanding our visitors’ preferences, analyzing the level of engagement and effectiveness of our marketing emails and content, and addressing your inquiries.

Personal Information Collected or Obtained from Third Parties

This section sets out how we obtain or collect personal information about you from third parties.

Personal Information received from third parties

It is also possible that third parties may provide us with personal information about you. Personal information we obtain from third parties will generally be identifiers and contact information, such as your name, email, and phone number, but will include any additional information about you which they provide to us. We require third parties obtain your consent before providing us with your personal information.

• Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (GDPR Article 6(1)(b)); consent (GDPR Article 6(1)(a)); our legitimate interests (GDPR Article 6(1)(f)).
• Reason why necessary to perform a contract: where a third party has passed on personal information about you to us (such as your name and email address) in order for us to provide Services to you, we will process your personal information to fulfill that request.
• Legitimate interests: where a third party has disclosed personal information about you to us, we will have a legitimate interest in processing that personal information in certain circumstances.
• For example, we would have a legitimate interest in processing your personal information to perform our obligations under a sub-contract with the third party, where the third party has the main contract with you.
• Similarly, third parties may pass on personal information about you to us if you have infringed or potentially infringed any of our legal rights. In that case, we would have a legitimate interest in processing that personal information to investigate and pursue any such potential infringement.

When we receive personal information about you in error

If we receive personal information about you from a third party in error and/or we do not have a legal basis for processing that personal information, we will delete your personal information.

Disclosure and Additional Uses of Your Personal Information

This section sets out the circumstances in which we disclose personal information, to whom, and for what purpose.

Disclosure of Your Personal Information to Service Providers

We use a number of service providers who process personal information on our behalf to assist us with running our business. The below chart specifies the categories of personal information we disclose to them, the type of service provider, and the purpose of the disclosure.

Your personal information will be disclosed to the providers listed in the above chart where necessary to provide you with the service you have requested, whether that is accessing the Site or ordering goods and Services from us. In addition to the disclosures and purposes set forth above, we may also disclose your personal information to accountants, advisors, and other independent contractors to assist us in fulfilling our legal obligations and providing our Services.

• Legal basis for processing: our legitimate interests (GDPR Article 6(1)(f)); necessary to perform a contract and/or to take steps at your request prior to entering into a contract (GDPR Article 6(1)(b)).

Legitimate interest: running and managing our business effectively.

• Reason why necessary to perform a contract: we may need to disclose personal information to our service providers to enable us to perform our obligations under that contract or to take the steps you have requested before we enter into a contract with you.

Disclosure And Use Of Your Personal Information For Legal Reasons

Indicating possible criminal acts or threats to public security to a competent authority

• If we suspect that criminal or potential criminal conduct has occurred, we will in certain circumstances contact an appropriate authority, such as the police. This could be the case, for instance, if we suspect fraud or a cybercrime has been committed or if we receive threats or malicious communications towards us or third parties.
• We will generally only need to process your personal information for this purpose if you were involved or affected by such an incident in some way.
• Legal basis for processing: our legitimate interests (GDPR Article 6(1)(f)).
• Legitimate interests: preventing crime or suspected criminal activity (such as fraud).

In connection with the enforcement or potential enforcement of our legal rights

• We will use your personal information in connection with the enforcement or potential enforcement of our legal rights, including, for example, disclosing personal information to debt collection agencies if you do not pay amounts owed to us when you are contractually obliged to do so. Our legal rights may be contractual (where we have entered into a contract with you) or non-contractual (such as legal rights that we have under copyright law or tort law).
• Legal basis for processing: our legitimate interests (GDPR Article 6(1)(f)).
• Legitimate interest: enforcing our legal rights and taking steps to enforce our legal rights.

In connection with a legal or potential legal dispute or proceedings

• We may use your personal information if we are involved in a dispute with you or a third party for example, either to resolve the dispute or as part of any mediation, arbitration, court resolution, or similar process.
• Legal basis for processing: our legitimate interests (GDPR Article 6(1)(f)).
• Legitimate interest(s): resolving disputes and potential disputes.

For ongoing compliance with laws, regulations and other legal requirements

• We will use and process your personal information in order to comply with legal obligations to which we are subject. For example, we may disclose your personal information pursuant to a court order or subpoena if we receive one or to the National Crime Agency in connection with suspected or potential money laundering matters.
• Legal basis for processing: compliance with a legal obligation (GDPR Article 6(1)(c)); our legitimate interests (GDPR Article 6(1)(f)).
• Legal obligation(s): legal obligations to disclose personal information;
• where the legal obligations are part of the laws of another country, we have a legitimate interest in complying with these obligations.

Other Disclosures of Your Personal Information

We also disclose your personal information to others in specific circumstances, as set out below.

Providing personal information to Google Inc. Subject to your selections, Google may collect information through our use of Google Analytics on the Site. Google uses this information, including IP addresses and information from tracking technologies, for a number of purposes, such as improving its Google Analytics service. To find out more about what information Google collects, how it uses this information, and how to control the information sent to Google, please see the following page: https://www.google.com/policies/privacy/partners/.

• Legal basis for processing: our legitimate interests (GDPR Article 6(1)(f)); consent (GDPR Article 6(1)(a)).
• Legitimate interest(s): meeting our contractual obligations to Google under our Google Analytics Terms of Service (https://www.google.com/analytics/terms/us.html).

If you previously opted in, you can opt out of Google Analytics by installing Google’s browser plugin here: https://tools.google.com/dlpage/gaoptout.

We may also disclose your personal information to a prospective or actual purchaser or seller in the context of a business or asset sale or acquisition by us, a merger or similar business combination event, whether actual or potential.

• Legal basis for processing: legitimate interests (Article 6(1)(f) of the GDPR).
• Legitimate interest(s): disclosing your personal information to a prospective purchaser, seller or similar person in order to allow such a transaction to take place.

How Long We Retain Your Personal Information

This section sets out how long we retain your personal information. We have set out specific retention periods where possible. Where that has not been possible, we have set out the criteria we use to determine the retention period.

Retention Periods

Server log information: we generally retain information on our server logs for 24 hours.

Order information: when you place an order for goods and Services, we typically retain that personal information for six years following the end of the financial year in which you placed your order.

Correspondence and enquiries: when you make an enquiry or correspond with us for any reason, whether by email, via our contact form, or by phone, we will retain your personal information for as long as it takes to respond to and resolve your enquiry, after which point we will usually delete your personal information.

E-Newsletter: we retain the personal information you used to sign up for our e-newsletter for as long as you remain subscribed (i.e., you do not unsubscribe) or if we decide to cancel our e-newsletter service, whichever comes earlier.

Criteria For Determining Retention Periods

In any other circumstances, we will retain your personal information for no longer than necessary, taking into account the following:

• The purpose(s) and use of your personal information both now and in the future (such as whether it is necessary to continue to store that personal information in order to continue to perform our obligations under a contract with you or to contact you in the future);
• whether we have any legal obligation to continue to process your personal information (such as any record-keeping obligations imposed by relevant law or regulation);
• whether we have any legal basis to continue to process your personal information (such as your consent);
• how valuable your personal information is (both now and in the future);
• any relevant agreed industry practices on how long personal information should be retained;
• the levels of risk, cost and liability involved with us continuing to hold the personal information;
• how hard it is to ensure that the personal information can be kept up to date and accurate; and
• any relevant surrounding circumstances (such as the nature and status of our relationship with you).

How We Secure Your Personal Information

We take technical and organisational measures to secure your personal information and to protect it against unauthorised or unlawful use and accidental loss or destruction, including:

• only disclosing and providing access to your personal information to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymised basis when possible;
• using secure servers to store your personal information;
• verifying the identity of any individual who requests access to personal information prior to granting them access to personal information;
• using Transport Layer Security (TLS) software to encrypt any information you submit to us via any forms on the Site and any payment transactions you make on or via the Site;
• using a WAF (web application firewall);
• only transferring your personal information via closed system or encrypted data transfers whenever reasonably possible

Transmission of Information to Us by Email

Transmission of information over the internet is not entirely secure, and if you submit any information to us over the internet (whether by email, via the Site, or any other means), you do so entirely at your own risk.

We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities, or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by such means.

Transfers of Your Personal Information Across Borders

Your personal information may be transferred and stored across borders in the circumstances set out below. We may also transfer your personal information across borders or to an international organisation in order to comply with legal obligations to which we are subject (compliance with a court order, for example). We process and store personal information we collect about you in the United States of America. The United States of America is not subject to a full adequacy decision by the European Commission. When we transfer your personal information across borders, we take appropriate safeguards, including, where required, using service providers that have self-certified themselves as compliant with the E.U.-U.S. Data Privacy Framework.

Server Log Information

Information collected when you visit the Site may be transferred across borders and is stored on the servers of our third party hosting company, Wp Engine. You can access their privacy policy here https://wpengine.com/legal/privacy/. Our service provider has self-certified its compliance with the E.U.-U.S. Data Privacy Framework.

Contact Form(s)

Information you submit to us via our contact form(s) may be transferred across borders and is stored on our email service provider’s servers.

Our email provider is Microsoft Corporation. You can access their privacy policy here: https://privacy.microsoft.com/en-us/privacystatement. Our service provider has self-certified its compliance with the E.U.-U.S. Data Privacy Framework.

Email

Information you submit to us by email may be transferred across borders and is stored on our email provider’s servers. Our email provider is Microsoft Corporation. You can access their privacy policy here: https://privacy.microsoft.com/en-us/privacystatement. Our service provider has self-certified its compliance with the E.U.-U.S. Data Privacy Framework.

E-Newsletter

Information you submit to us when you sign up for our e-newsletter may be transferred across borders and is stored on our mailing list provider’s servers. Our mailing list provider is: HubSpot. You can access their privacy policy here: https://legal.hubspot.com/privacy-policy. Our service provider has self-certified its compliance with the E.U.-U.S. Data Privacy Framework.

Web Chat

Information you submit to us when you chat with us using our web chat service may be transferred across borders and is stored on our provider’s servers. Our web chat provider is: HubSpot. You can access their privacy policy here: https://legal.hubspot.com/privacy-policy. Our service provider has self-certified its compliance with the E.U.-U.S. Data Privacy Framework.

Phone

Information collected when you call us may be transferred across borders and is stored on the servers of our telephone provider, Vonage. You can access their privacy policy here: https://www.vonage.com/legal/privacy-policy/. Our service provider has self-certified its compliance with the E.U.-U.S. Data Privacy Framework.

Order Information

Information collected for processing order payments may be transferred across borders and is stored on our payment processor’s servers in the United States of America, in accordance with its privacy policy, available at https://www.authorize.net/company/privacy/. Our service provider has self-certified its compliance with the E.U.-U.S. Data Privacy Framework.

Google Analytics

Information collected by Google Analytics (your IP address and actions you take in relation to the Site) may be transferred across borders and is stored on Google’s servers. You can access Google’s privacy policy here: https://www.google.com/policies/privacy/. Our service provider has self-certified its compliance with the E.U.-U.S. Data Privacy Framework.

Your Rights in Relation to Your Personal Information

Subject to certain limitations on certain rights, and depending on your jurisdiction of residence, you may have the following rights in relation to your personal information, which you can exercise by writing to 21 River St. Great Barrington, MA, 01230, United States, emailing [email protected], or calling 1-800-242-7000. If you are a resident of California or the EEA, and subject to certain exceptions, you have the right to:

• know the personal information being processed about you;
• access your personal information, including receiving a copy in a portable, readily usable format;
• correct or rectify inaccurate personal information;
• delete or erase your personal information; and
• opt-out of the sale or sharing of your personal information, including for purposes of targeted advertising. We follow an opt-in approach (i.e., we do not enable tracking technologies unless you tell us to), but if you opt-in, you can later opt-out by emailing your request to [email protected], using our cookie banner, or using an opt-out preference signal, such as the Global Privacy Control (“GPC”) on browsers and/or browser extensions that support such a signal. To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs.

Additionally, if you are a California resident, you have the right to:

• access and/or opt-out of the use of automated-decision making technology in certain instances, if we use such technology; and
• not receive discriminatory treatment for exercising your privacy rights.

If you are a resident of the EEA, you have the right to:

• request that we restrict our use of your personal information;
• have your personal information transferred to another data controller (including a third party data controller);
• object to the processing of your personal information for certain purposes (for further information, see the section below entitled “Your Right to Object to the Processing of Your Personal Information for Certain Purposes”);
• withdraw your consent to our use of your personal information at any time where we rely on your consent to use or process that personal information. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your personal information on the basis of your consent before the point in time when you withdraw your consent; and
• lodge a complaint with a supervisory authority. For more information on this, please contact your local data protection authority.

For the purposes of the UK, the supervisory authority is the Information Commissioner’s Office (ICO), the contact details of which are available here: https://ico.org.uk/global/contact-us/.

The above rights are provided in summary form only and certain limitations apply to many of these rights.

Your Right to Object to the Processing of Your Personal Information for Certain Purposes

EEA residents have the following rights in relation to your personal information, which you may exercise in the same way as you may exercise by writing to 21 River St. Great Barrington, MA, 01230, United States or sending an email to [email protected].

• to object to us using or processing your personal information where we use or process it in order to carry out a task in the public interest or for our legitimate interests, including ‘profiling’ (i.e., analysing or predicting your behaviour based on your personal information) based on any of these purposes; and
• to object to us using or processing your personal information for direct marketing purposes (including any profiling we engage in that is related to such direct marketing).

You may also exercise your right to object to us using or processing your personal information for direct marketing purposes by:

• clicking the unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser following your clicking on that link
• sending an email to [email protected], asking that we stop sending you marketing communications or by including the words “OPT OUT”;
• using our cookie banner; or
• using an opt-out preferences signal, such as GPC on browsers and/or browser extensions that support such a signal. To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs.

For more information on tracking technologies and your choices, please see the section entitled “How to Accept or Reject Non-Essential Technologies” in our Cookie Policy, which is available here: https://berkshire.com/policies/cookie-policy/.

Verifying your identity when you request access to your personal information

If you request access to your personal information, we use reasonable measures to verify your identity before granting such a request. These measures are designed to protect your personal information and to reduce the risk of identity fraud, identity theft, or general unauthorised access to your personal information.

How we verify your identity

Where we have personal information about you on file, we will attempt to verify your identity using that information (e.g., full name, email address, account username, phone number, account number, billing address, and postal address). If it is not possible to identify you from such information, or if we have insufficient information about you, we may require original or certified copies of certain documentation in order to be able to verify your identity before we are able to provide you with access to your information.

Sensitive Personal Information

“Sensitive personal information” is information about an individual that reveals their racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic information, biometric information for the purpose of uniquely identifying an individual, information concerning health or information concerning a natural person’s sex life or sexual orientation. We do not knowingly or intentionally collect sensitive personal information from individuals, and you must not submit sensitive personal information to us.

If, however, you inadvertently or intentionally transmit sensitive personal information to us, you will be considered to have explicitly consented to our processing that sensitive personal information. We do not use or disclose your sensitive personal information for any purposes other than those permitted by law. We will use and process your sensitive personal information for the purposes of deleting it.

Changes to Our Privacy Policy

We update and amend our Privacy Policy from time to time.

Minor changes to our Privacy Policy

Where we make minor changes to our Privacy Policy, we will update our Privacy Policy with a new “last updated” date stated at the beginning of this Policy. Our processing of your personal information will be governed by the practices set out in that new version of the Privacy Policy from its effective date onwards.

Major changes to our Privacy Policy or the purposes for which we process your personal information

Where we make major changes to our Privacy Policy or intend to use your personal information for a new purpose or a different purpose than the purposes for which we originally collected it, we will notify you by email (where possible) or by posting a notice on the Site.

Wherever required, we will obtain your prior consent before using your personal information for a purpose that is different from the purposes for which we originally collected it.

Children’s Privacy

We do not knowingly contact or collect information from persons under the age of 18, and therefore, we do not sell or share such personal information. The Site is not intended to solicit information of any kind from persons under the age of 18.

It is possible that we could receive information pertaining to persons under the age of 18 by the fraud or deception of a third party. If we are notified of this, where required by law to do so, we will either immediately obtain the appropriate parental consent to use that information or, if we are unable to obtain such parental consent, we will delete the information from our servers. If you would like to notify us of our receipt of information about persons under the age of 18, please do so by sending an email to [email protected].

Third-Party Sites

Our Site or communications may contain links to other websites not operated or controlled by us ("Third-Party Sites"). The practices set forth herein do not apply to any Third-Party Sites, and our linking to any Third-Party Sites should not be taken as an endorsement. If you visit or provide personal information to linked Third-Party Sites, the personal information is governed by their privacy policies. We encourage you to review those privacy policies and contact the website operator if you have questions or concerns about them.

California Do Not Track Disclosures

“Do Not Track” is a privacy preference that users can set in their web browsers. When a user turns on a Do Not Track signal in their browser, the browser sends a message to websites requesting that they do not track the user. For information about Do Not Track, please visit www.allaboutdnt.org

At this time, we do not respond to Do Not Track browser settings or signals. In addition, subject to your selections, we use other technology, such as pixel tags, web beacons, and other similar technologies, to track visitors on the Site or who receive our emails. If you opted in to the use of these digital technologies, these tools may be used by us and by technology providers to collect information about you and your internet activity, even if you have turned on the Do Not Track signal. For information on how to opt in or out of the use of tracking technologies on the Site, see the section in this Privacy Policy titled “Your Rights in Relation to Your Personal Information,” or visit our Cookie Policy which is available here: https://berkshire.com/policies/cookie-policy/.

Copyright, Credit, and Logo

This Privacy Policy is based on a GDPR compliant template provided by GDPR Privacy Policy. For further information, please visit https://gdprprivacypolicy.org

The copyright in this Privacy Policy is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. All intellectual property rights in this document are reserved.

Where we display the GDPR Privacy Policy logo on the Site, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy.

Contact Us

If you have any questions or concerns related to our Privacy Policy and procedures, please contact us by phone at 1-800-242-7000 or by email at [email protected].