Privacy notice for residents of India

Last update:24 November 2023

Berga has created this web site privacy policy in order to demonstrate our firm commitment to your online privacy. The following discloses our information gathering, usage and dissemination practices for Berga’s websites (“Sites”). By using or accessing the Sites you hereby accept and consent to the terms of this privacy policy. Please note that when you access any external links from Berga’s Sites (including any Berga subsidiary Sites), they may have different privacy policies specific to those Sites. We encourage you to read all privacy policies posted on the web sites that you visit. We encourage you to read all privacy policies posted on the web sites that you visit. If you do not agree with any terms of this Privacy Policy, please do not use this Site or submit any personal information or sensitive personal information to Berga.

1. PERSONAL INFORMATION COLLECTION

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Berga may collect (i) personal information like name, telephone number, e-mail address, date of birth, home or business mailing address or any other information which may be capable of identifying you; and (ii) sensitive personal information like passwords, financial information etc. when you access certain areas of the Berga Sites that require registration for certain services, or if you require more information about those services. If you decide to purchase our products or services, our third-party services providers may need to collect certain additional information, like your credit or debit card number and expiration date, bank routing and account number.

Device Information. When you are connected to our services via custom applications (apps), we may collect device-specific information such as your device model, operating system, unique device identifiers, and mobile network information. We may associate your unique device identifier or phone number with information that you may have used to register for certain services or purchase products. Server logs that are maintained by us or by our third-party service providers may contain information about the services that you have used, and your device-specific information. We may also maintain digital communication logs that track information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information. We may use your device’s IP address or MAC address to track device-event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.

Specialized Information. We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches. Certain services may include a unique application number in connection with the installation of apps. This number and information, including, without limitation, operating system type and app version number may be sent to our service providers when you install, update or uninstall apps. We may also collect and process information about your actual location.

At other times, Berga may collect information that cannot be used to identify you. For example, we may aggregate non-personal information about you and other customers who visit our Sites. Aggregated information will not contain any information that can be linked directly back to you.

2. HOW BERGA COLLECTS PERSONAL INFORMATION

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Berga may use any number of tools to collect information about you, your computer access points, mobile devices, and the web browser that you use to connect to our Sites or digital applications. For example, “cookies” are text files that we place on your computer or mobile device when you visit our Sites. We may use cookies to personalize your interactions with our Sites. You do not have to accept our cookies and you may set your browser to restrict their use and you may delete them after they have been placed on your computer or mobile devices. If you do not accept or delete our cookies, some areas of our Sites may take more time to work, or may not function properly. Under the laws of certain countries, cookies may be served, as long as individuals have provided their consent, having been given clear and comprehensive information, in particular about the purposes for which their personal data will be processed. Effective consent may be provided by using your browser settings, as long as you take positive action. Before using Berga Sites, you are advised to check your current browser settings to ensure that the settings reflect your consent for Berga to place cookies on your devices.

Berga may also collect additional information from your web browser each time you visit one of our Sites. We may collect information about the pages that you visit and the time spent on each web page or area of the Sites, the promotions or advertisements that you click on, and other actions that you take while using our Sites. This information may include your Internet Protocol (“IP”) address, the type of browser, the time that your browser was used to access our Sites, and the referring web site’s address.

Our Internet service providers may also use other standard web-based technologies to analyze your movements while accessing our Sites. The technologies include web “beacons,” “pixel tags,” and “clear gifs.” These technologies help us ascertain the effectiveness of our product and service campaigns and marketing programs, allow us to customize the services offered on or through our Sites, and help determine the best use for Sites content, and product and service offerings. Some of this information, including the IP address, may be stored on our Internet service provider’s server logs, and may be available for extended periods of time.

3. CHOICE

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You have the right to withdraw your consent to the use, disclosure or transfer of your information. However, in such event we reserve the right to refuse or limit your access and use of our Sites and any of their features, including the services offered by us.

You have the right to update or correct your information provided to us and you may exercise such right by reaching out to our privacy/grievance officer using the contact details given in this policy.

You have the right to opt out of providing us information by communicating the same in writing to our privacy/grievance officer using the contact details given in this policy

Berga allows you to choose (opt out) whether your information is to be disclosed to a non-related third party for purposes other than Berga-related communications, business or services. For sensitive personal information, e.g., financial information, Berga will give individuals the opportunity to explicitly (opt in) consent to the disclosure of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Berga shall treat sensitive personal information received from an individual the same as the individual would treat it.

4. OUR USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

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At times Berga may use the services of independent companies to provide certain services to you, including, without limitation, website hosting services, credit card processing, product promotions, order processing and shipping services, and visitor surveys. Berga may share your personal information with the Internet service providers as appropriate under our business models. We do not share personally identifiable information with non-related third parties without your consent, except to the extent necessary to complete your request for products and services offered through the Berga Sites.

Berga may use your personal information to contact you via mail, e-mail, landline or mobile device in order to give you updates about Berga’s special events, new services, payment confirmations, current information regarding our products, or other promotions that may be of interest to you. We also use return e-mail addresses to answer the e-mail we receive from you. Your e-mail address will not be shared with non-related third parties for use with their direct marketing programs, other than to comply with applicable laws. We may also use your IP address, or unique devices identification numbers to help protect Berga and our Internet service providers from fraud.

Additional uses of your non-personal and personal information will allow us to tailor products and services specific to your needs, to help organize and manage our relationship with you or your business, to conduct business, to provide you with customer and guest support, to perform functions that are described to you at the time of collection, and to enforce our Site’s Terms of Use. We reserve the right to provide non-personal identifying information, such as aggregate data, to third parties.

We may also use non-personal aggregate information to improve our Sites. For example, our Internet Service providers may report to us that there were a particular number of visitors to a certain area of our Sites, or that a certain number of businesses or a certain number of individuals completed our registration forms in particular areas of our Sites. Such information may also be used to analyze the effectiveness of our business and advertising models.

If you submit a resume or seek to fulfill other staffing requirements, we will use that information inter alia in connection with your application for current or future staffing requirements, and we may also share your resume or application information with our vendors or affiliates that have staffing requirements for which you may be qualified.

We may share your information, including personal information and sensitive personal information among our subsidiaries, group companies, affiliates, vendors, suppliers and subcontractors for processing, in order to provide you the best quality of services or for internal reasons, primarily for business and operational purposes. Such subsidiaries, group companies, affiliates, vendors, suppliers and subcontractors may be located within or outside India.

Berga may also disclose your personal information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agencies; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees, contractors, vendors, suppliers, and customers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law. We may disclose your information in connection with the sale or merger of a Berga company or any transaction that involves the sale or assignment of some or all of our assets.

5. DATA STORAGE AND SECURITY

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Berga makes reasonable efforts to ensure that our Internet service providers have implemented physical, electronic, and procedural security measures to assist with safeguarding your personal information, and to help protect against unauthorized access and disclosure. Your information collected by us is stored on our systems in India and/or outside the territory of India, by us or our subsidiaries, group companies, affiliates, vendors, suppliers and subcontractors. By providing information to us in any manner including accessing the Sites, you consent to such storage of information as contemplated herein. Notwithstanding our efforts, the Internet has inherent security risks. Berga cannot promise, and you should not expect, that your personal information, personal searches, and other communications will always remain secure. You should take care with regard to how you handle and disclose your personal information or any username or password that you are required to use to access services on our Sites.

6. CHILDREN AND DATA COLLECTION

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Berga’s Sites are general audience Sites. Berga’s Site content is not directed toward collecting information from anyone who is under the age of 13. We do not knowingly collect personal information from children or minors. If Berga or its Internet service providers become aware that a child or minor has provided us with personal information without parental consent, that information will be deleted from our databases. If you have questions about personal information that may have been submitted by a child, please email us at [email protected] or for India matters.

7. HOW YOU MAY ACCESS AND CHANGE THE INFORMATION THAT BERGA COLLECTS

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The first time that you provide us with registration information through our Sites, you may be offered the opportunity to subscribe to and receive additional information about our products and services. After your first use, you can change your initial choices by contacting our customer service e-mail at [email protected]. Each commercial e-mail that we send to you will offer you the opportunity to opt-out of continuing to receive such messages. We may take up to 10 business days to process your opt-out requests. In some instances, we may have already shared your information with one of our authorized third parties before you changed your information preferences, and you may briefly continue to receive e-mail even after you have opted out. For any grievances related to the use of your personal information or sensitive personal information, you may contact us at:

Berga, Attn: Richard Peladeau
Contact info: 001-888-320-1540 x 303
Email at [email protected]

8. DATA INTEGRITY

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Berga will only process personal information and sensitive personal information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by you.

9. ENFORCEMENT

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Berga uses a self-assessment approach to assure compliance with this privacy policy and periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, by our privacy principles. We encourage interested persons to raise any concerns using the contact information provided and we will investigate and attempt to resolve any complaints or disputes regarding the use and disclosure of personal information and sensitive personal information in accordance with the principles.

10. GENERAL INFORMATION AND PRIVACY SUPPORT CONTACT

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Berga may update this privacy policy from time to time, and you should take the time to review it each time that you visit one of our Sites. By using one of our Sites or providing us with personal information or sensitive personal information after we update this privacy policy, you agree to this privacy policy as revised. Berga is committed to protecting your personal privacy. If you have questions or comments about our efforts to protect your personal privacy, or if you require additional information about Berga’s privacy commitment, please contact us at [email protected] or for India grievances related to the use of your personal information or sensitive personal information, you may also contact Richard Peladeau, Privacy/Grievance Officer at 001-888-320-1540 x 303.

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