Privacy Policy
Effective 8/7/24
Touch Point Worldwide, Inc. (“TPW,” “we,” or “us”) respects the privacy of its users (“you”) and has developed this Privacy Policy to demonstrate our commitment to protecting your privacy. TPW operates the www.berify.io website (the “Site”) and for residents within the European Union or the United Kingdom, TPW is the data controller for GDPR purposes.
Thank you for visiting www.berify.io. We are committed to protecting the information you share with us, and explaining how we collect, process, and share that information when you use the Site and other online services, when you register with us, when you use our products or purchase our services and when you use or interact with our social media channels. This Privacy Policy describes the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures, whether collected through the Site, a mobile application, or any other services we may offer to you that posts a link to this Privacy Policy (collectively, the “Services”). We encourage you to read this Privacy Policy carefully when using our services or transacting business with us. By using our Services, you are accepting the practices described in this Privacy Policy.
We are the publishers of and the data controller for GDPR purposes in respect of:
- the www.berify.io website;
- the Berify mobile application available via Apple AppStore and on Google Play;
- the Berify social media channels on Instagram @berify.io, X/Twitter @Berifyd, and on www.linkedin.com/company/berify
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
In addition to reading this Privacy Policy, please review our Terms of Use (“Terms“), which governs your use of our Services. If you do not agree to our Terms and the collection, use and sharing of your information as detailed in this Privacy Policy, please do not access or otherwise use our Services or any information or content accessible on our Services. This Privacy Policy is not intended to, nor shall it constitute, any contract between you and TPW.
If and to the extent you are resident in the European Union or United Kingdom, this Privacy Policy provides you with the information required by (i) the Regulation (EU) 2016/679 of the European Parliament and Council on the protection of natural persons with regard to the processing of personal data (General Data Protection Regulation) (“EU GDPR”), and (ii) the equivalent United Kingdom law relating to data protection, the Data Protection Act 2018, concerning the processing of personal data (collectively with the EU GDPR, the “GDPR”).
We reserve the right to change this Privacy Policy at any time. Your use of our Services following the posting of an updated Privacy Policy constitutes your acceptance of such updated Privacy Policy. We reserve the right to apply the amended terms to the information that we have already collected, subject to any legal constraints. We will not, however, use your previously collected Personal Information in a manner materially different than represented at the time of collection. If there is to be a material change then we will notify you in advance. To the extent any provision of this Privacy Policy is found by a competent court, regulator, or tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.
It is important that the personal data we hold about you is up to date and accurate so please keep us informed of any changes, for example, a new email address or other contract details.
Information we collect about you and from where
In General – We may collect information that can identify you, such as your name and email address (“Personal Information”) and other information that does not identify you. This information, including your age range and geographic location, may be collected through our Services or from third parties that provide services to us such as Google and Apple. We will also collect and process transactional information about Services purchased, about your usage of the Services (including via our social media channels), how you interact with us, and your marketing and communications preferences, image and social media handle. This may also include publicly available material e.g., your social media profile, search engines, any company/business website you appear on, commercially available marketing lists and data brokers. We may also collect data via third party analytics providers e.g., Google and Apple.
Information you provide to us
User, Identity and Contact Information – In order to create an account as a User with the Services, you will be asked to provide your first and last name, your company’s name, your company’s industry, your address, your email address, telephone number, employer identification number, and a unique username and optionally the nature of your interest in us and our Services. Once your account is created, we may collect and store any additional personal information you provide while using our Service or in some other manner. This may include identifying information, such as your mailing address, as well as demographic information, such as age range and gender. We may use this to build a profile of you either based on the information you provide, from other data we collect or in aggregate.
Financial Information – If you are buying something from the Services, you will be asked to provide your payment card information to our third party payment processor in order to collect payment. Your payment card information will not be stored on our systems; however, we may retain the last four digits of a payment card you have used on our Services for your convenience with future purchases.
Technical Information through your Device or other sources
This refers to information that does not by itself identify a specific individual. The servers on which this Services is hosted gather certain information about how you access the Services in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include your computer’s media access control (“MAC”) address, a mobile device IMEI number, Internet Protocol (“IP”) address, operating system, and web browser type and plug-ins and any ad-blocker, location and time zone, as well as the Uniform Resource Locator (“URL”) of the website that you just came from and the URL of the website you go to next.
This Site and Third Party Sites may also make use of pixel tags, temporary or “session” cookies, and similar technologies in order to enable the basic functionality of the Services, facilitate users’ access to and use of the Services, and count which pages of the Services have been visited and help determine the effectiveness of Site content. Third-party links may appear on the Services and, if so, those third-parties may set and access cookies on your computer. Those organizations will have their own privacy policies that govern their use of any personally identifiable information. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. However, this Site may not function for you as intended without cookies. Our Cookie Policy and your choices can be accessed via this link Cookie Policy.
Information collected by third-parties for advertising purposes.
We may allow service providers, advertising companies and ad networks, and other third parties to display advertisements on our Service. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org). We also provide some non-anonymized personal information to our brand partners. Opting out will not decrease the number of advertisements you see.
How we use the information we collect and how long we retain it
In General – We may use information that we collect about you to support the following purposes and legal bases and which are specified for GDPR purposes for residents within the European Union or the United Kingdom:
| Purpose/activity/use | Date type | GDPR Legal basis | Retention period |
|---|---|---|---|
| Provide you with a personalized experience when viewing the Site's content or use of the Services. | User and Identity Contact Profile Usage Technical |
Legitimate interest in operating our business in optimizing user experience. Consent |
Until the user deletes their account or withdraws consent |
| Communicate your orders to suppliers, so they may deliver the products or services ordered by you. | User and Identity Contact Financial Transactional |
Performance of a contract with you. | As long as necessary to fulfill the orders for the duration of any legal obligation |
| Create and manage your account, the Services, and provide you with customer support including updates to this Privacy Policy or Terms. | User and Identity Contact Profile Usage Technical Financial Transactional |
Performance of a contract with you. Legitimate interest in operating our business though account creation, record keeping and customer relationship management. Necessary to comply with a legal obligation. |
As long as account is active and for period of 1 year after account deletion. |
| Perform research and analysis about your use of, or interest in, our or others' products, services, or content. | User and Identity Contact Profile Usage Technical Transactional |
Legitimate interest in operating our business in understanding how users interact with the website and the Services, to allow us to enhance our offering and optimize business efficiency. With your consent. |
For the duration of the analysis or until the user withdraws consent |
| For us to communicate with you by email, postal mail, telephone and/or mobile devices about our products or Services or related products or services that may be of interest to you either from us or other third parties. | User and Identity Contact Profile Usage Technical Transactional |
From us by non-electronic methods through our legitimate interest in operating our business and promoting our products and services or if you consent. From us by electronic methods in our legitimate interest in operating our business and promoting our products and services and similar products and services when undertaken in compliance with the e-privacy directive. From by any method only with your consent. |
Until the user opts out or withdraws consent |
| Develop, display, and track content and advertising tailored to your interests on our Services and other sites, including providing our advertisements to you when you visit other sites. | User and Identity Contact Profile Usage Technical |
With your consent. | Until user withdraws consent |
| Website, mobile application and social media channel analytics | User and Identity Profile. Technical |
Legitimate interest in operating our business in understanding how our Services are used, may be optimized or enhanced or otherwise modified and to drive user engagement. | Until the data is no longer necessary for analytics purpose or until user withdraws consent |
| Verify your eligibility and deliver rewards or prizes in connection with reward programs, contests and sweepstakes. | User and Identity Contact Profile Usage Technical Transactional |
Legitimate interest in operating our business and enhancing user loyalty, promotion of brand awareness and user engagement. | For the duration of the program, contest, or sweepstake and for a period of 1 year afterward |
| Enforce or exercise any rights in our Terms of Use. | Identity Contact Profile Usage Technical Financial Transactional |
Legitimate interest in operating our business by ensuring adherence to and enforcing our Terms of Use. Performance of a contract with you. |
For the duration of the contract |
| Comply with legal obligations, such as collecting information to verify your identity and other purposes. | Identity Contact Profile Usage Technical Financial Transactional |
Necessary to comply with a legal obligation to ensure you are authorised to contract on behalf of your employer, verify any payment or card use and that you are not subject to trade, financial or economic sanctions. In our legitimate interest to ensure business integrity and to prevent and detect fraud and financial crime. |
As long as required by the specific legal obligation |
| Detect and prevent fraud and abuse and to protect the Website or mobile application in order to protect you, us, the Services and others. | Identity Contact Profile Usage Technical Financial Transactional |
Necessary to comply with a legal obligation to ensure the integrity and security of data we hold. Legitimate interest in operating our business in ensuring legitimate and non-abusive/malicious use of our website or Services. |
As long as necessary to detect and prevent fraud or abuse, (typically up to 7 years) |
| Perform functions or services as otherwise described to you at the time of collection. | Identity Contact Profile Usage Technical Financial Transactional |
Legitimate interest in operating our business. Performance of a contract with you. Consent |
As long as necessary to fulfill the specific function or service described, or until the user withdraws consent |
We may perform these functions directly or use a third party service provider (such as a payment processor) to perform these functions on our behalf, who will be obligated to use your personal information only to provide services to us.
Marketing –
For residents within the European Union or the United Kingdom and for GDPR purposes:
We may contact you via email, text message or app notification with information and special offers about products and services, similar to those of a previous sale or where you have scanned a product via the app and so demonstrated an interest in buying it. You can opt-out of this contact at any time by clicking here.
Please click here if you would like us to contact you by email, text message or app notification with information about special offers, products and services which we feel may be of interest to you. You can opt-out of this contact at any time by clicking here.
Please click here if you are happy for us to disclose your personal data, such as name, user name, email or phone number to our selected partners, details of which can be found here so they can provide you with information about their products and services by email, text message or app notification. You can opt-out of this contact at any time by clicking here.
You can change your preferences at any time by clicking here.
With whom we share your information
Service providers – We may share personal information, including personal and financial information, with third parties that perform certain services on our behalf. These services may include cloud or similar IT services, fulfilling orders, providing customer service and marketing assistance for us, or on our behalf, performing business and sales analysis, ad tracking and analytics, supporting our Service functionality, and supporting reward programs, contests, sweepstakes, surveys and other features offered through our Service, mobile app stores and social media channel providers. We may additionally share your data with professional services providers such as accountants, auditors, legal advisers, insurers or other financial professionals to provide services to us. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes We also ensure that appropriate contractual protections and arrangements are in place to protect any of your data provided to them.
Legal Compliance – We may share information, including personal and financial information, in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us. For residents within the European Union or the United Kingdom and for GDPR purposes you should be aware that U.S. data privacy law may not provide the same level of protection in this regard as you may have in your state of residence.
Fraud Prevention – We may share information, including personal and financial information, when we believe disclosure is appropriate, necessary or in our legitimate interests in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Terms of Use or other agreements or policies. In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Aggregated and/or Non-Personal Information – We may use and share non-personal, de-identified, pseudonymous, or aggregated information we collect under any of the above circumstances. We may also share it with other third parties to develop and deliver targeted advertising on our Services and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis or other business purposes.
Do Not Track Disclosure
Do Not Track (“DNT”) is a privacy preference that users can set in some web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their website visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information we collect; however, we do not currently recognize or respond to DNT signals, as the Internet industry works toward defining exactly what DNT will mean, what it means to comply with DNT, and a common approach to responding to DNT signals.
Third Party Websites
On our Services, you may be presented with links to access third-party websites that do not operate under this Privacy Policy. For example, if you click on an advertisement on the Services, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about the activities on those websites. We recommend that you consult the Privacy Policies of all third-party websites you visit by clicking the “Privacy” link typically located at the footer of the website you are visiting.
How you can access your information
We take reasonable steps to help ensure that the Personal Information we collect from you is accurate, complete and current. In addition to accessing your Personal Information through the app or website, you may also request access to your Personal Information, request that erroneous or inaccurate Personal Information be updated, or request deletion of your Personal Information, by contacting us via email at support@berify.io.
You also may close your account at any time by visiting the “Settings” page for your account or by contacting us via email at support@berify.io. If you close your account, we will retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, enforce our Terms of Use, take actions we deem necessary to protect the integrity of our service or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties (excluding processors) as described in this Privacy Policy, retention of that information may be subject to those third parties’ policies.
We will respond promptly to your requests in accordance with applicable law. For your protection, we may only implement requests with respect to the personal information associated with the email address that you use to send us your request, and we may need to verify your identity before implementing your request. We may decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we may need to retain certain personal information for a longer period for recordkeeping purposes, such as retaining records relating to your purchases for warranty or accounting purposes.
Your choices about collection and use of your information
You can choose not to provide us with certain information, but that may result in your inability to use certain features of our Services because such information may be required in order for you to register as a user, purchase products or services, participate in a reward program, contest, promotion, survey, or sweepstakes, ask a question, or initiate other transactions.
Our Services may also deliver notifications to your phone or mobile device. You can disable these notifications by changing the settings on your mobile device.
How we protect your personal information
We take reasonable and appropriate security measures to help safeguard your Personal Information from unauthorized access, disclosure or loss. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through our Services cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. If you have reason to believe that your interaction with us is no longer secure, please notify us of the situation as soon as possible by contacting us at the addresses listed below; if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the situation, even in those situations in which it is appropriate for use to do so. Users should take care with how they handle and disclose their Personal Information and should avoid sending Personal Information through insecure communication channels, such as email. Please refer to the Federal Trade Commission’s website at https://consumer.ftc.gov/identity-theft-and-online-security/online-privacy-and-security for information about how to protect yourself online.
Children’s privacy
Our Terms of Use restrict the use of our Services to individuals age 17 and above. We do not knowingly collect, maintain, or use Personal Information from children under the age of 17. In accordance with the Child Online Privacy Protection Act, in the event that we learn that we have collected personal information from a child under age thirteen (13) without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any personal information from or about a minor, please contact us at support@berify.io.
Visiting our Service from outside the United States
The website is controlled and operated from the United States. Your personal information may be stored and processed in any country where we have offices or in which our third party service providers reside. IF YOU ARE VISITING OUR SERVICE FROM OUTSIDE THE UNITED STATES, PLEASE BE AWARE THAT YOUR INFORMATION MAY BE TRANSFERRED TO, STORED, AND PROCESSED IN THE UNITED STATES WHERE OUR SERVERS ARE LOCATED AND OUR CENTRAL DATABASE IS OPERATED. BY USING OUR SERVICES, YOU UNDERSTAND AND CONSENT THAT YOUR INFORMATION MAY BE TRANSFERRED TO OUR FACILITIES AND THOSE THIRD PARTIES WITH WHOM WE SHARE IT AS DESCRIBED IN THIS PRIVACY POLICY.
GDPR Subject Rights
If you are resident within the UK or European Union, you have the following rights, subject to the conditions set out in GDPR or other applicable law:
- access to and rectification of your personal data;
- erasure of your personal data;
- data portability for your personal data;
- restriction of processing of your personal data;
- the right to object to processing of your personal data;
- and the right to lodge a complaint with a supervisory authority.
For more information about these rights, please visit the European Commission’s “My Rights” page relating to GDPR, which can be displayed in a number of languages:
https://commission.europa.eu/law/law-topic/data-protection/reform/rights-citizens/my-rights/what-are-my-rights_en
To request access to or rectification, portability, or erasure of your personal data, to delete your account, please contact us at: support@berify.io.
To exercise your right to restriction of processing or to object to processing, please contact the company’s Data Protection Officer at the postal address above or by email at support@berify.io.
Retention of Your GDPR Data
We will only retain your personal data protected by GDPR for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the 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 and whether we can achieve those purposes through other means, and the applicable legal requirements. Please refer to the above table for details of specific types of personal data and how long that is retained for.
Complaints
You also have the right to make a complaint to the data supervisory authority of your country of residence.
No Rights of Third Parties
THIS PRIVACY POLICY DOES NOT CREATE RIGHTS ENFORCEABLE BY THIRD PARTIES OR REQUIRE DISCLOSURE OF ANY PERSONAL INFORMATION RELATING TO USERS OF THE SERVICES.
Data Retention
While you maintain an account with our Services, we will retain your personal information in our records. If you elect to unsubscribe or delete your account, or if it is inactive for 1 year we will remove all personally identifiable information relating to you from our records, unless otherwise permitted or required by applicable law. However, we may retain deidentified, pseudonymized or aggregated copies of non-identifiable data sets for analytics purposes.
Changes to this Privacy Policy
We may occasionally update this Privacy Policy. When we post changes to the Privacy Policy, we will revise the “Last Updated” date at the top of this page. We recommend that you check our Services from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.
How to contact us
IF YOU HAVE ANY QUESTIONS ABOUT THIS PRIVACY POLICY, PLEASE CONTACT US BY EMAIL OR POSTAL MAIL AS FOLLOWS: Touch Point Worldwide, Inc., 145 E Columbine Ave Santa Ana, CA 92707 or support@berify.io.