Privacy Policy

Last Revised: September 27, 2023

Your privacy is important to us. It is Bearworks, Inc.'s policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website, https://www.bearworks.com, and other sites we own and operate.

This policy is effective as of 20 November 2021 and was last updated on 27 September 2023.

‍I. How we collect, use, disclose, retain, and protect personal information

Bearworks, Inc. respects and is committed to protecting the privacy rights of its customers, prospects, business partners, and employees. This Privacy Notice provides Bearworks’ practices with respect to the collection, use, disclosure, and/or retention of personal data, including sensitive confidential health and financial information, obtained in connection with our Services and business processes.

As used in this Privacy notice “Personal Data” and/or “Personal Information” means information about an identified or identifiable natural person. Personal Data may directly or indirectly identify an individual and may include information like first and last name, email address, physical address, and/or virtual address. Bearworks takes a global principled based approach to privacy and therefore this Privacy Notice applies to everyone regardless of the jurisdiction in which you are located.

Bearworks will use different legal basis for processing personal information depending on the context in which that information is collected, used, disclosed, and/or retained and under applicable data protection law. Bearworks may process personal data in order to provide its Services to the Customer and/or based upon informed consent from the individual to deliver its Services.

This Privacy Notice applies to the websites, products and/or services offered by Bearworks through its business but does not apply to the websites or services offered by Bearworks’ customers, partners, publishers who display ads, or to any other third parties.

II. How we use personal information

Bearworks uses personal information on a limited basis to improve and deliver the SaaS solution, but the Customer is in complete control of how personal data is transferred from on data source to another and is therefore solely responsible for managing and monitoring the personal data that is processed by Bearworks. The type, sources, and purposes of personal information collected, used, disclosed, and/or retained depend on the context by which the personal data is provided by the end user.

Bearworks’ limited use of personal information includes the following categories:

·      Individual Identifiers means any information that can directly identify an individual.

·      Customer Record means any information about the Customer that is necessary to deliver the Service.

·      Inferences means information about an individual’s assumed actions or behaviors.

·      Employment/Professional Record means information that identifies an individual’s credentials, work experience, educational history, amongst other personal background information.

III. Personal Information We Collect from You

The functionality of Bearworks allowsCustomers to send data to the software for processing.  This data may include personal sales information from your data sources like sales associate name, contact details of system users, billing information, physical address, telephone number, login credentials,IP address, usage preferences, customer profiles, payment card data, financial account, records of products or services purchased, customer preferences, and other information necessary to deliver the services. Bearworks’ does not collect any personal information outside of the necessary personal information required to deliver the Services. Additionally, if the personal data processing requires consent of the individual, Bearworks will work with the Customer to maintain a compliant chain of consent throughout the entire processing. Individual’s may give consent for Bearworks to process their personal data through the use of the technology, visiting our websites, and/or interaction with Bearworks about the Service. This personal information may include IP address, device identifiers, geographic location, or usage information such as more personalized experiences when using the technology. Please see the Cookies andTracking section below for more details.

Bearworks collects the following personal data in the following contexts:

o   New Features – Bearworks’ SaaS technology sends a variety of information to Bearworks in accordance with the product design and the Personal Data the Customer decides to process through the SaaS.This information is classified as follows:

o  Customer Personal Data – Any information provided by the Customer that Bearworks processes on behalf of the Customer solely to deliver the Service to the Customer.

o  Functional Data – Any information which does not contain Customer Personal Data and is generated by Bearworks SaaS to inform Bearworks in the development, deployment, operations, maintenance, and security of the Service.

o  Support Information – Bearworks SaaS uses Personal Information used for the purpose of providing technical support for the SaaS and/or maintaining the Customer account.

Personal Information may be included in any of these data classifications, however, Bearworks only collects Functional Data and Support Information as necessary data elements to provide the SaaS service to you. Bearworks processes Customer Personal Data in accordance with the applicable service terms but does not currently collect and/or retain this data for its own purpose.

o   Websites – Bearworks may collect Personal Information from individuals when the individual visits our websites.

o   Marketing Communications - In addition to third-party advertising companies we use to serve advertisements regarding goods and services that may be of interest to you when you access and use digital marketing media, a third-party digital marketing media provider may provide further advertising. Please review third party social media privacy policies for their advertisement and privacy policies.

o   Market Research - We may collect or use Personal Information from individuals in the market research context.

o   Offline We may collect or otherwise use Personal Information from individuals offline.

o  Compliance with all Laws – We may process personal data to comply with applicable laws including a court ordered subpoena requesting personal information.

o  Your Safety and Safety of Others –We may process personal data to protect your safety or the safety of others when there is reason to believe that you or any other person may be in immediate danger, or your privacy infringed upon. We may use information to investigate and reach out to appropriate authorities accordingly if it is legally appropriate and permitted to do so.

IV. Personal Information we receive from others

In addition to the personal data we collect from you, we may also receive personal information about you from other sources and through our own independent research. We may receive your personal data from business partners and/or educational institutions and professional credentialing organizations. We may also receive your personal data from other third-party marketing partners. This third-party data may include credentialing information, demographic information, and other personal information such as contact details and/or professional practice information. Bearworks obtains consent when applicable to receive personal information from others.

V. How we sell/share personal information

Through the use of Bearworks we may sell/share your personal data in order to provide you with the Services.

o   Your data may be sold/shared to comply with applicable law.

o   Your data may be handled by a select few employees who support the delivery of the technology and services. These employees are under strict duties of confidentiality and are vetted to ensure they are qualified to perform their job duties.

o   We sell/share certain data with our platform partners and infrastructure Service Providers to operate a secure SaaS and deliver our Services. Examples include data hosting and storage providers, technology service providers, customer service providers, billing and payment processingService Providers, and Reporting and analytics Service Providers.

o  We may sell/share some of your data in connection with an asset sale, merger, or bankruptcy.

o  We also use a few APIs and SDKs to improve your experience. These business partners are included as subprocessors in Bearworks subprocessor list. The location you share while these tools are running may be read, accessed, and collected by that site in accordance with applicable data privacy law. Note that if you make any information publicly available on thePlatform, such as with a public post, anyone may see and use such information.

o SMS: 

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   o All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

   o We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.

If you opt-in to “performance cookies”, we may use Third Party analytics cookie from trusted partners to process data for activities including but not limited to analyzing traffic sources, visits, and site interactions. This analysis helps us improve our products and services.

If you opt-in to “targeting cookies” and web beacons, information regarding your activity on our website, may be shared for advertising purposes.

We are not paid by anyone for your personal data, however, under the California Consumer Privacy Act, the law defines “sale” very broadly to potentially include the sharing of personal data in exchange for anything of value. Opting-in to the use of “targeting cookies” and web beacons maybe considered the “sale” of personal information under this California law.

VI. Cookies and Tracking

A “cookie” is a small data file that is placed on your computer and used for record-keeping purposes. Cookies are used to enhance performance of the Platform and for Third Party tracking.

A web beacon or pixel is an invisible image or embedded code, placed on a web page or email that can report your visit or use to aThird Party. In general, these tools help monitor activity of users for the purpose of web analytics, advertising optimization and page tagging.

Currently, Bearworks does not use a cookie mechanism to obtain consent from an individual as it merely provides a SaaS technology to its customers.

VII. How we Protect your information

We apply industry standard security and best practices to prevent the unauthorized access and disclosure of personal data. Bearworks relies on a secure proprietary SaaS for the processing of business analytics and couples this with reputable commercial applications to deliver its Services.

Please refer to the Security Policy for additional information on the technical and organizational measures of Bearworks

VIII. User Data Access Requests

Bearworks implements data access requests to exercise your privacy rights. Please email to exercise your privacy rights. Bearworks may verify your identity when needed to comply with the request, which may include reviewing government identification, and may be unable to proceed with your request if we are not able to verify your identity. You have the right to request that Bearworks correct or otherwise amend your personal information. If you use Bearworks may process personal information on behalf of a customer, and we may ask that you work with the customer to amend your personal information.  

California Residents

If you are a California resident, the rights described in the section above apply, and you may exercise these additional rights or designate an authorized agent to exercise these rights on your behalf.

Once per calendar year, you may request that Bearworks disclose to you what “Personal Information” as defined in the California Consumer Privacy Act as amended by the California Privacy Rights Act (referred to in a consolidated way as “CPRA”)we collect, use, disclose and sell, and the specific Personal Information we have collected about you in the prior 12 months.

You have the right to request to know more details about the categories or specific pieces of Personal Information we collect (including how we use and disclose this Personal Information), to delete your Personal Information, to opt out of any“sales” (as defined in the CPRA) that may be occurring, and to not be discriminated against for exercising these rights. 

European Residents

These rights apply, in addition to the rights described in the first paragraph of this section, if you are located inthe EEA, Switzerland or the UK.  If you are located in another country inEurope this section does not apply, and your rights are described in the first paragraph.

Subject to the exemptions under law, you may have the right to request access or delete your personal information. Under certain circumstances, you have the right to receive personal information that Bearworks process about you and transmit that information to another organization, i.e., a right to data portability. You may also request that we restrict or block future processing of your personal information.

Where we previously obtained your consent in order to process your personal information, you have the right to withdraw that consent.

If you would like to exercise any of your privacy rights, please contact Bearworks at privacy@bearworks.com We will validate these requests and carry out valid requests. If the request is not deemed valid, then we will share the reasons why it is not valid and your options for seeking resolution through a supervisory authority and through judicial remedy.

IX. Contact Information

If you would like to exercise your privacy rights, please email us at privacy@bearworks.com. If you have questions about our privacy practices or this Privacy Notice you may write to us at: legal@bearworks.com