Effective Date: January 1, 2020
- Your use of our website and mobile applications;
- Subscriptions to our newsletters and other marketing messages;
- Invitations to and participation in our webinars, seminars, and other events;
- Alumni communications and activities;
- Recruitment processes;
- Client and potential client matters;
- Procurement and potential procurement; and
- Our use of Personal Data related to the family members, next of kin, and/or dependents of our current and former employees and other BillingTree personnel in connection with the provision of benefits and similar services.
Billingtree AS DATA CONTROLLER:
“BillingTree” refers to all of the following entities: Electronic Payment Providers, Inc. (an Arizona, USA corporation), Internet Payment Exchange, Inc. (a Delaware, USA corporation), and Blue Cow Software, Inc. (a Massachusetts, USA corporation) (each, an “Entity” or together, “Entities”).
If no Entity has been clearly identified, the data controller or data controllers may be identified in the following order or precedence:
- For Personal Data that BillingTree collects on or through its websites and mobile applications, BillingTree is the data controller.
- For Personal Data that is collected in connection with our newsletters and other marketing message, the data controller is identified on the subscription form and in each message.
- For Personal Data collected in connection with invitations and participation in our webinars, seminars, and other events, the data controller will be the Entity which is organizing such event as identified in the invitation.
- For alumni communications and activities, the data controller is the Entity that is identified in the respective communication or in the context of the activity.
- For Personal Data collected in the context of a recruitment process, the data controller is the Entity identified in the job posting or otherwise seeking to source a position.
- For Personal Data that BillingTree collects pursuant to a client or contractor relationship, the BillingTree entity with which you have the client or contractor relationship is the data controller. Note that BillingTree may obtain through its client relationships; in which case BillingTree may be considered a data processor under the GDPR.
- For activities in the context of the procurement of products and services, the data controller will be the Entity identified in the order form, agreement, or similar document.
PERSONAL DATA WE PROCESS:
“Personal Data” refers to any information that relates to you directly or indirectly or any other “personal data” as defined in Article 4 point 1 of Regulation (EU) 2016/679 (General Data Protection Regulation) (“GDPR”). We process the following categories of Personal Data:
- Contact information, such as your name, home or business address, email address, and phone number, social media handles, and business contact information;
- Client information, which includes information provided or made available to us by or on behalf of our clients and information generated by us in the course of providing services to our clients;
- Technical information, such as data collected about your interaction with our websites, mobile applications, and email communications;
- Financial information, such as payment card and related information;
- Recruitment information, such as curriculum vitae/resume, work history, and qualifications;
- Identification or background information provided by you or collected by us or third-parties as part of our recruitment, engagements, business analysis, client onboarding, regulatory compliance checks, and related processes;
- Family information, such as the demographic and contact information of your family members, dependents, next kin, and other persons related to potential and current BillingTree employees or other personnel; and
- Any other information that you provide us that can be used to identify you.
We collect Personal Data from:
- Direct interactions, such as when you enquire about our services, provide us your contact details, register for an event with us, provide us with information in connection with our services, participate in surveys or questionnaires, subscribe to newsletter and blog updates, post comments on our blogs, or in any way engage with us or our personnel;
- Cookies and automated technologies, such as when you interact with our website, mobile applications or click on links on our emails;
- Mobile applications, such as when you use mobile applications that we may offer as part of our services or at certain BillingTree events we host;
- Private third-party sources, such as when third parties, including other law firms, banks, or clients provide information to us;
- Through social media, such as if you link to social media platforms or use social media plug-ins, we may (depending on your user privacy settings on that social media platform) automatically receive information about you from that social media platform;
- Public sources, such as when we need to collect your Personal Data from publicly available sources including, government and law enforcement agencies, companies and land registries; and
- Security systems, such as when you visit our offices we may obtain closed circuit television (“CCTV”) footage and other information through electronic means such as security/swipe card records.
HOW WE USE YOUR PERSONAL DATA:
PERSONAL DATA WE OBTAIN THROUGH OUR PROVISION OF SERVICES:
We use Personal Data in the course of and in connection with the services we provide to our clients. The legal basis for processing such data will generally be our legitimate interest to provide services to our clients (Article 6(1)(f) GDPR). We will process identification and background information as part of our business acceptance, finance, administration and marketing processes, including anti-money laundering, conflict, reputational and financial checks. We will also process Personal Data provided to us by or on behalf of our clients for the purposes of the work we do for them or on their behalf. Such data will be subject to our legal obligation of confidentiality. Personal Data may be disclosed to third parties to the extent necessary in connection with that work.
PERSONAL DATA WE OBTAIN OUTSIDE OF OUR PROVISION OF SERVICES:
Below is a description of the Personal Data we collect outside of our provision of services, the likely source of the Personal Data, how we may use it, and for what purposes and pursuant to what legal basis.
|Use of your Personal Data||Categories of Personal Data we Process||Source of the Personal Data||Legal Basis|
|Obtain your subscription preferences and send eNewsletters and similar marketing communications||Contact information and other information you provide, such as your topic preferences and areas of interests||You||Legitimate Interest: To provide you with information you need and other services you request and to efficiently communicate with our client where you are the client or contact person for our client (Article 6(1)(f) GDPR)|
|Respond to inquiries and fulfill requests||Contact information and other information you provide, such as your requests||You||Legitimate Interest: To provide you with information you need and other services you request and to efficiently communicate with our client where you are the client or contact person for our client (Article 6(1)(f) GDPR) |
Consent: We will send you marketing communications by email and text/SMS pursuant to your consent (Article 6(1)(a) GDPR)
Contract: If you are our client or prospective client (Article 6(1)(b) GDPR)
|Conduct surveys and questionnaires||Contact information and other information you provide, such as your survey answers||You||Legitimate interests: To evaluate and take action with regard to your feedback and comments about BillingTree’s services (Article 6(1)(f) GDPR) |
Contract: If you are our client or prospective client (Article 6(1)(b) GDPR)
|Register for online and in person events (including CLE programs) and deliver event-related materials||Contact information and other information you provide, such as your preferences for the event||You||Legitimate interests: To enable your attendance at our events and to deliver you event materials (Article 6(1)(f) GDPR) |
Contract: As may be described on the registration page for the event (Article 6(1)(a) GDPR)
|Obtain current contact data and update contact records in our CRM||Contact information and other information you provide, such as your relationships to people at BillingTree||You and public sources, such as LinkedIn||Legitimate interests: To ensure the integrity of our client and other contact data (Article 6(1)(f) GDPR)|
|Perform website analytics||Technical information and other information we collect demographics, interests, behavior tracking, event tracking||First and third party analytics cookies||Legitimate interests: To understand more about our website visitors (what pages you view, how long you visit, your devices, etc.) in order to improve our services (Article 6(1)(f) GDPR)|
|Recruit personnel||Contact information, recruitment information, identification and background information, and other information relevant to potential recruitment by BillingTree, such as your resume, any cover letter/application, work history, qualifications, and reference information.||You, your references, your former employers, and public sources||Precontractual Measures: To recruit and evaluate potential candidates to join BillingTree (Article 6(1)(b) GDPR) |
Legal obligations: To comply with applicable legal obligations, including in the field of employment law (Article 6(1)(c) GDPR)
Legitimate interest: To make the best recruitment decisions for our business (Article 6(1)(f) GDPR)
|Obtain and review security footage||Image||You||Legitimate interest: To ensure the security and safety of our facilities (Article 6(1)(c) GDPR)|
|Process certain employee/personnel information for the provision of benefits and related services||Contact and family information, including names, dates of birth, address, and phone numbers||You and/or the employee or personnel member who has a working relationship with BillingTree||Legitimate interests: To provide attractive and effective benefit packages and related services to our personnel (Article 6(1)(f) GDPR)|
We only process Special Categories of Personal Data if you give us your explicit consent, the processing is necessary to meet a legal or regulatory obligation, or is otherwise expressly permitted by the GDPR. Special Categories of Personal Data includes information about your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, and data concerning health, sex life, and sexual orientation.
If we need to collect Personal Data by law or under the terms of an engagement or contract we have with you and you fail to provide us with the information when requested, subject to our regulatory ethics, we may not be able to continue the engagement or perform the contract we have, or are trying to enter into, with you. We will inform you of any mandatory Personal Data we require from you and the consequences if you fail to provide it.
HOW WE SHARE YOUR PERSONAL DATA:
We will share your Personal Data within the same BillingTree Entity, with other BillingTree Entities as may be required, with data processors, and with other controllers. We may also transfer your Personal Data outside of the EEA.
RECIPIENTS WITHIN THE SAME BILLINGTREE ENTITY:
Your Personal Data will be used by our partners, employees and other staff members for the purposes described above and for accounting, tax and other administrative purposes.
RECIPIENTS WITHIN OTHER BILLINGTREE ENTITIES:
Your Personal Data will be used by our partners, employees, and other staff members for the purposes described above and for accounting, tax and other administrative purposes.
We engage other BillingTree Entities as well as third-party service providers for the provision of services that help us in processing Personal Data and providing services to our clients. These entities will process your personal data as data processors (Article 28 GDPR) solely on our behalf. The categories of such recipients include:
- service providers for information technology and telecommunications (such as data centers, hosting providers, email service providers;
- marketing service providers;
- payment networks;
- financial institutions involved in the processing of your information;
- corporate services and litigation support providers;
- trustee and nominee service providers;
- cybersecurity providers; and
- business process outsourcing providers.
In addition, we may share your Personal Data with:
- Any party for whom your consent has been provided or other legal basis obtained, including companies we introduce you to or companies with whom you ask us to share your Personal Data;
- Third-party firms that provide services necessary to accomplish the processing activities set forth above;
- Third parties, if necessary in relation to a merger, sale, acquisition, divesture, restructuring, reorganisation, dissolution, bankruptcy, or other change of ownership or control (whether in whole or in part); and
- Third parties, if we determine that the disclosure is necessary: (i) to comply with any law applicable to us, a request from law enforcement, a regulatory agency, or other legal process; (ii) to our clients in order to satisfy our duties towards our clients; (iii) to protect the legitimate rights, privacy, property, interests or safety of BillingTree, our clients, business partners, personnel, or the general public; (iv) to pursue available remedies or limit damages; (v) to enforce or defend our contractual rights; or (vi) to respond to an emergency.
INTERNATIONAL TRANSFER OF PERSONAL DATA
USE OF OUR WEBSITE:
This section only applies to the use of our website from the EEA.
COOKIES AND OTHER DATA COLLECTION TECHNOLOGY:
A “Cookie” is a small text file that is sent to or accessed from your web browser or your computer’s hard drive. A Cookie typically contains the name of the domain (internet location) from which the Cookie originated, the “lifetime” of the Cookie (when it expires), and a randomly generated unique number or other similar identifier. A Cookie may also contain information about your computer, such as user settings, browsing history and activities conducted while using our online services.
A “Web Beacon” (also called a “pixel tag” or “clear GIF”) is a piece of computer code that enables us to monitor user activity and website traffic.
We refer to Cookies, web beacons (also known as pixel tags and clear GIFs) and other similar technology as “Data Collection Technology.” To learn more about cookies and web beacons, visit www.allaboutcookies.org.
Data Collection Technology helps us improve your experience on our online services. For example, we use Google Analytics, a web-based analytics tool that tracks and reports on the manner in which the website is used to help us to improve it. Google Analytics does this by placing Cookies on your device. The information that the Cookies collect, such as the number of visitors to the website, the pages visited and the length of time spent on the website, is aggregated. We also may use Data Collection Technology to collect information from the computer or device that you use to access our online services, such as your operating system type, browser type, domain and other system settings, as well as the language your system uses and the country and time zone in which your computer or device is located.
We generally use the following types of Data Collection Technologies, which may change from time to time:
|Cookies used to maintain the session of the user from page to page||Session cookie|
|Cookies used to track the number of users on our site||Third party (Google Analytics, SiteImprove, Load Banner) analytics cookie|
|Cookies used to determine the current language of our website||Session cookie|
|Cookies used for security and performance||Third party (Incapsula) security cookie|
|Cookie used to determine whether a user has accepted our cookie notice||Session cookie|
Your Control of Cookies:
Most web browsers (including some mobile web browsers) provide settings that allow you to control or reject Cookies or alert you when a Cookies is placed on your device. You may also be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through our online services.
Our Policy on Do Not Track Signals:
Some web browsers incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user. We follow the DNT signals we receive from your browsers.
LINKS TO THIRD PARTY WEBSITES AND SERVICES:
We implement appropriate technical and organizational measures designed to ensure your Personal Data in protected from unauthorized access, use, disclosure, alteration or destruction, in accordance with applicable laws and regulations. For example:
- Limiting access to your Personal Data as set forth in this policy;
- Limiting our collection and use of your Personal Data to the extent necessary to provide you with our services;
- If we outsource processing of Personal Data to third parties, basing our selection on said third parties having adequate safeguards in place that meet our data protection and security standards, and regularly auditing their compliance with applicable data protection policies, laws and regulations;
- Having systems in place designed to ensure that we can restore the availability and access to Personal Data in the event of a physical or technical incident;
- Periodically inspecting, assessing, and evaluating the effectiveness of our technical and organizational measures designed to ensure the security of our processing; and
- Regularly training our personnel on data protection and cybersecurity.
RETENTION OF PERSONAL DATA:
We will keep your Personal Data for as long as necessary to fulfill the purposes for which we collected it, including any legal, accounting or reporting requirements. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data, whether we can achieve those purposes through other means, and all applicable legal requirements.
Our services are not directed to or intended for use by minors. Consistent with the requirements of the US Children’s Online Privacy Protection Act, the GDPR, and all other applicable laws and regulations, if we learn that we have received information directly from a child under age 16 without his or her parent or legal guardian’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use our services. Subsequently, we will delete such information.
Under the GDPR, you have the following rights regarding your Personal Data that we process:
- Right to access to the following information: (a) the purposes of the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations; (d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; (f) the right to lodge a complaint with a supervisory authority; (g) where the personal data has not been collected from you, any available information as to their source; (h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject (Article 15 of the GDPR).
- Right to rectification of inaccurate personal data concerning you under as well as, taking into account the purposes of the processing, the right to have incomplete personal data completed, including by means of providing a supplementary statement (Article 16 of the GDPR).
- Right to erasure(deletion) of personal data concerning you without undue delay where: (a) the personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed; (b) you withdraw your consent and there are no other legal grounds for the processing; (c) you exercise your right to object (see below) and there are no compelling legitimate grounds for the processing; (d) the personal data have been unlawfully processed; or (e) the personal data have to be erased for compliance with a legal obligation applicable to us (Article 17 of the GDPR).
- Right to restriction of processing(i.e., data will be blocked from normal processing but not erased) where: (a) you contest the accuracy of the personal data, for a period enabling us to verify the accuracy; (b) the processing is unlawful and you oppose the erasure of the personal data and requests the restriction of their use instead; (c) we no longer need the personal data for the purposes of the processing, but we have a legal obligation to retain the data; (d) you exercise your right to object (see below) pending the verification whether our legitimate grounds override those of you (Article 18 of the GDPR).
- Where processing is based on your consent, the right to withdraw consentat any time, without affecting the lawfulness of the processing prior to such withdrawal (Article 7(3) of the GDPR). Please note that even after you have chosen to withdraw your consent we may be able to continue to process your Personal Data, in some limited circumstances, to the extent required or otherwise permitted by law, or in connection with exercising and defending our legal rights or meeting our legal and regulatory obligations.
- Where processing is based on your consent, or on a contract, the right to data portability, i.e. the right to obtain a copy of the data concerning you in a structured, commonly used and machine-readable format and the right to transmit those data to another controller without hindrance from us.
- Right to object to the processing of personal data based on legitimate interests of us, other BillingTree Entities or any third party under Article 21 of the GDPR based on your particular situation, provided that there are no compelling legitimate grounds for the processing that would override your interests, rights and freedoms (Article 21 of the GDPR).
Please note that if you decide to exercise some of your rights, we may be unable to perform the actions necessary to achieve the purposes set out above or you may not be able to use or take full advantage of the services and products we offer.
We must ensure that your Personal Data is accurate and up to date. Therefore, please advise us of any changes to your information by emailing us here.
You always have the right to lodge a complaint with your local competent supervisory authority or any authority that applies to the BillingTree Entities.