September 8, 2022
I. PERSONAL INFORMATION
What Personal Information is Collected?
When browsing, entering, engaging with, or otherwise accessing the Website; contacting or engaging Brij the Gap Consulting for its services, which include, but are not limited to: (a) career advancement and development training, workshops and programs for companies and their employees; (b) career advancement and development training, workshops and programs for professionals; or (c) speaking engagements (the “Services”); or conducting any other activity on the Website as described in the Terms and Conditions (the “Terms”), you may be asked to enter or disclose various types of Personal Information, which may include, but is not limited to:
- Contact Information: name, e-mail, postal address, telephone number, business contact information, or any other similar information.
- Identification and Demographics: date of birth, gender, nationality, ethnicity, interests, lifestyle information, photos, social media credentials, contacts, or referrals.
- Transactional: payment information, billing address, and registration information.
- Customer Content: photos, videos, reviews, and other information you may submit, such as comments on the Website, other online forums, and social media platforms.
- Research and Feedback: reviews and comments that you send through the Website and social media platforms; by e-mail, over the phone or by mail.
- Device Information and Identifiers: IP addresses, cookie IDs, browser types and language, operating systems, platform type, and device type.
- Connection and Usage: domain names, browsing activity, scrolling and keystroke activity, advertisements viewed, forms or fields you complete or partially complete, search terms, whether you open an e-mail, content you view and duration, quality of the service, and interaction with the content, logs, and other similar information. If these events occur while you are offline, they may be logged and uploaded when you next connect.
- Geolocation: city, state, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. Brij the Gap Consulting will ask for your permission before using your precise location from GPS-based functionality on your mobile devices.
- Social Media Information: if you interact through a Third Party Platform (as defined below) or social media website using your social media credentials, depending on your social media settings, Brij the Gap Consulting may have access to your information from that social network such as your name, e-mail address, friend list, photo, age, gender, location, birthday, social networking ID, current city, your comments, and the people and other websites you follow.
- Additional Information: any additional information you provide either directly through the Website or through your participation, support request, interaction through Brij the Gap Consulting’s social media accounts, or any other communications.
When is Personal Information Collected?
Generally, you are not under any statutory or contractual obligation to provide Brij the Gap Consulting any Personal Information; however, certain Personal Information may be automatically collected in order for you to use the Website and/or the Services.
Brij the Gap Consulting collects information from you when you browse, enter, or use the Website; contact or engage Brij the Gap Consulting for its Services; fill out an online form; or otherwise enter any information on the Website or Brij the Gap Consulting’s social media platforms which may include, but are not limited to, Facebook, Instagram, Twitter, SoundCloud, YouTube, Pinterest, Google, or other third party applications (together the “Third Party Platforms”).
How do you get my Consent?
When you provide any Personal Information on the Website, verify, or change your transactional details, complete a contact form, verify, or change your credit/debit card information, comment on a forum, or anything of the like, you are automatically consenting to collecting, storing, and using that information for your benefit and to improve Brij the Gap Consulting’s offerings and your experience.
If Brij the Gap Consulting asks for your Personal Information for any other reason, it will either: (a) ask directly for your express consent; or (b) provide you with an opportunity to say no or otherwise decline by contacting Brij the Gap Consulting directly.
How do I withdraw my consent?
If you change your mind, you may withdraw your consent for the continued collection, use, or disclosure of your Personal Information at any time by contacting Brij the Gap Consulting directly. Brij the Gap Consulting reserves the right to retain any information previously collected for the purposes of resolving any disputes, as well as for obtaining and/or analyzing its aggregated data analytics.
How is your Personal Information used?
Brij the Gap Consulting may use such Personal Information in any of the following ways:
- To personalize your experience on the Website.
- To provide and implement the Services.
- To maintain and improve the Website to better serve you and provide a more seamless experience across all devices.
- To allow Brij the Gap Consulting to better service you in responding to your service requests or other queries.
- To quickly process your transactions.
- To send periodic e-mails regarding products, services, events, or subscriptions, as they become available.
- To investigate and help prevent security issues, abuse, or violations of law or the Terms.
- Displaying content you generate, such as video, audio, and comments on the Website or on Third Party Platforms.
- Compliance with laws, regulations, and ethical business conduct.
How is your Personal Information protected?
Brij the Gap Consulting takes the security of your Personal Information very seriously. Brij the Gap Consulting implements a variety of security measures when you use the Website, engage Brij the Gap Consulting for the Services, or otherwise enter or input your Personal Information. You must prevent unauthorized Personal Information by selecting and protecting your password and/or other sign-on mechanisms appropriately. Your Personal Information is accessible only to a limited number of persons who have the authority to access it, including but not limited to, employees, contractors or agents Brij the Gap Consulting that may employ to perform tasks, fix bugs, and/or monitor the Website on behalf of Brij the Gap Consulting.
Does Brij the Gap Consulting collect information from minors?
Brij the Gap Consulting does not want to, and does not knowingly, collect any data from individuals under the age of eighteen (18). If Brij the Gap Consulting learns that it has collected any such data without the supervision of a parent or legal guardian, Brij the Gap Consulting will take all reasonable measures to delete such information and will not use it for any purposes. If you become aware of any Personal Information that Brij the Gap Consulting has collected from a child under the age of eighteen (18) without the supervision of a parent or legal guardian, please contact Brij the Gap Consulting immediately.
How do I opt-out, remove, or modify any Personal Information I have provided?
You can request to have your Personal Information removed by contacting Brij the Gap Consulting directly. Please note that Brij the Gap Consulting may retain information about individual sales transactions in order to complete said transactions and for record keeping purposes.
Acceptance of Terms
Limitation of Liability
You acknowledge and agree that to the fullest extent allowed by applicable law, under no circumstances will you hold Brij the Gap Consulting liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, that are caused or alleged to be caused in connection with your use of the Website, or your purchase or engagement with any of the Services. For clarity, under no circumstances will you hold Brij the Gap Consulting liable for any damages caused by or related to the Website and/or your use of or engagement with the Services.
Does the Website use ‘cookies’?
Brij the Gap Consulting and its Third-Party Partners and vendors may use tracking technologies, such as cookies, pixels, and web beacons and collect and store information about you when you use or interact with the Website, marketing communications, advertising content and/or third party websites, in order to provide you with targeted advertising based on your browsing activities and interests. These third parties automatically receive your IP address or mobile device identifier when you access the Website or third-party websites. They may also use tracking technologies to measure the effectiveness of advertisements, to personalize the advertising content, and to serve you advertisements that are relevant to your regional location. Brij the Gap Consulting may also use information collected using third party cookies and beacons in its emails to deliver advertising when you visit third party websites.
You can opt-out of targeted advertising by visiting the following pages:
- FACEBOOK – https://www.facebook.com/settings/?tab=ads
- GOOGLE – https://www.google.com/settings/ads/anonymous
Cookies are used to:
- Understand and save your preferences for future visits.
- Compile aggregate data about traffic and interactions in order to offer better experiences in the future. Brij the Gap Consulting may also use trusted third-party service providers that track this information on its behalf.
You can choose to have your computer or device warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser or device settings.
If you disable cookies, some features on the Website may be disabled. Disabling cookies may also affect your experience by decreasing the Website’s efficiency or causing it to not function properly.
Third Party and other disclosures of your Personal Information
Brij the Gap Consulting may also release your Personal Information under certain circumstances where Brij the Gap Consulting believes release is appropriate to comply with the law, enforce its policies, and/or protect Brij the Gap Consulting or others’ rights, property, or safety. Brij the Gap Consulting may also be required to disclose your Personal Information if required by law or in response to a valid request by a public authority (e.g., a court or governmental agency).
How is your Personal Information Shared and Disclosed?
Brij the Gap Consulting may share and disclose your Personal Information for the following reasons:
- Customer Instructions: You can determine your own policy for the sharing and disclosure of your Personal Information and Brij the Gap Consulting does not control how you choose to share or disclose your Personal Information. Brij the Gap Consulting will share and disclose your Personal Information in accordance with your instructions and in compliance with applicable law.
- Compliance with Applicable Law: If Brij the Gap Consulting receives a request for information, Brij the Gap Consulting may disclose Personal Information if it reasonably believes disclosure is in accordance with or required by any applicable law, regulation, or legal process.
- To Enforce Our Rights, Prevent Fraud, and For Safety: To protect and defend the rights, property, or safety of Brij the Gap Consulting or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
- Third Party and other disclosures of your Personal Information: Brij the Gap Consulting may share your non-Personal Information with related Third-Party Platforms, companies, advertisers, social networks, service providers, research companies, search engines, law enforcement, hosting partners, and other parties who assist Brij the Gap Consulting in operating the Website, conducting business, or otherwise servicing you.
Brij the Gap Consulting may also release your Personal Information under certain circumstances when Brij the Gap Consulting believes it is appropriate to comply with the law, enforce its policies, and/or protect Brij the Gap Consulting or others’ rights, property, or safety. Brij the Gap Consulting may also be required to disclose your Personal Information if required by law or in response to a valid request by a public authority (e.g., a court or governmental agency).
- With Consent: Brij the Gap Consulting may share Personal Information with third parties when it has consent to do so.
Retention of your Personal Information
Occasionally, at its sole discretion, Brij the Gap Consulting may include or offer third party advertisements or services on the Website. These third parties have separate and independent privacy policies. Therefore, Brij the Gap Consulting has no responsibility or liability for the content and activities of these third parties. Nonetheless, Brij the Gap Consulting seeks to protect the integrity of the Website and welcome any feedback about these other third-party links.
As described above, Brij the Gap Consulting may use your Personal Information to provide you with targeted advertisements or marketing communications Brij the Gap Consulting believes may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work
II. EMPLOYEE DATA PRIVACY
As a condition of certain Services offered by Brij the Gap Consulting, you consent to the collection, use, transfer, and storage of employee data as described below. You hereby understand that Brij the Gap Consulting may hold certain information regarding your employees, including, but not limited to, their names, home addresses, telephone numbers, dates of birth, social security numbers, salaries, nationalities, job titles, shares of common stock or directorships held, employee options (the “Employee Data”). You further understand that Brij the Gap Consulting may transfer Employee Data amongst Brij the Gap Consulting personnel as necessary for the purposes of implementation, administration, and management of the Services and that Brij the Gap Consulting may further transfer Employee Data to any third parties assisting Brij the Gap Consulting in the implementation, administration, and management of the Services. For the avoidance of doubt, all Employee Data will be held in the strictest confidence and shall not be transferred, sold, or otherwise provided in any way to any third party outside of Brij the Gap Consulting.
III. INTERNATIONAL TRANSFERS
Some of the Services can only be provided if Brij the Gap Consulting has your Personal Information and Employee Data, therefore deletion of your Personal Information and Employee Data may result in termination of such Services. Brij the Gap Consulting will take reasonable steps to verify your identity, including authenticating you through your e-mail address. Brij the Gap Consulting may require further documentation before granting access to your information.
IV. STATE SPECIFIC DATA POLICIES
Special Notice for California Residents
Brij the Gap Consulting shall not market or advertise to minors specified products or services that minors are legally prohibited from buying. Brij the Gap Consulting shall not market or advertise any products based on the Personal Information provided that is specific to any minor, nor shall it knowingly use, disclose, compile, or allow a third party to do so. Under California’s Privacy Rights for California Minors in the Digital World Act, any minor may request and obtain removal of Personal Information posted on the Website.
Your California Privacy Rights. California residents are entitled once a year, free of charge, to request and obtain information regarding Brij the Gap Consulting’s disclosure, if any, of certain categories of Personal Information to third parties for their direct marketing purposes in the preceding calendar year. To obtain this information, please send an e-mail to Brij the Gap Consulting directly.
California Consumer Privacy Act (CCPA)
The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of Personal Information, as well as the right to access, delete, and limit sharing of Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”
“Do Not Sell My Personal Information” (California Residents only)
California residents may opt-out of the “sale” of their Personal Information. California law broadly defines “sale” in a way that may include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior to add to a profile about your mobile device, browser, or you.
Depending on how you use the Website, Brij the Gap Consulting may share the following categories of information for such advertising which may be considered a sale (as defined by California law):
- Identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history; geolocation information, such as city; and inference data.
If you would like to opt-out of the use of your Personal Information for such purposes (to the extent this is considered a sale), you may do so as by contacting Brij the Gap Consulting directly.
Third Parties’ List – Shine the Light (California Residents only)
California residents can also request a list of all the third parties to which Brij the Gap Consulting has disclosed certain Personal Information (as defined by California’s Shine the Light law) during the preceding year for those third parties’ direct marketing purposes. You will need to attest to the fact that you are a California resident. Brij the Gap Consulting will not accept requests by telephone, e-mail, or facsimile, and Brij the Gap Consulting is not responsible for notices that are not labeled or sent properly, or that do not have complete information.
Special Notice for Nevada Residents
Nevada law requires Brij the Gap Consulting to post the following: certain Nevada consumers may opt-out of the sale of “Covered Information” for monetary consideration to a person for that person to license or sell such information. Covered information includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
Virginia Consumer Data Protection Act (Effective January 1, 2023)
Under the Virginia Consumer Data Protection Act (“VCDPA”), certain businesses must give consumers the ability to access, control, and delete personal data that the business collects about them, or that consumers have otherwise provided. Consumers have the right to obtain a copy of data the consumer has previously provided, in a usable format “to the extent technically feasible.”
Virginia consumers can opt out of targeted advertising, the sale of their personal data, or profiling that results in the business providing or denying “financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health care services, or access to basic necessities, such as food and water.”
Utah Consumer Privacy Act (Effective December 31, 2023)
The Utah Consumer Privacy Act (“UCPA”) provides Utah residents with the right to (1) confirm whether a controller is processing the consumer’s personal data and to access that personal data; (2) delete the consumer’s personal data that the consumer provided to the controller; and (3) obtain a copy of the consumer’s personal data that the consumer previously provided to the controller.
The UCPA defines “Personal Data” as information that is linked or reasonably linkable to an identified or identifiable individual. Data that cannot be linked to a consumer and publicly available information and the processing of personal data for purely personal or household purposes are excluded from the UCPA. Data controllers must provide consumers with reasonable, accessible, and clear privacy notice. Controllers must establish and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality and integrity of personal data and reduce reasonably foreseeable risks of harm to consumers relating to the processing of personal data.
Connecticut Data Privacy Act (Effective July 1, 2023)
The Connecticut Data Privacy Act (“CTDPA”) defines “Consumer” as a Connecticut resident and excludes persons acting in a commercial or employment context. The “Sale of Personal Data” refers to the exchange of personal data for monetary or other consideration by the controller to a third party.
Personal data excludes any deidentified data or publicly available information, where publicly available information means information that is lawfully made available through government records or widely distributed media and a controller has a reasonable basis to believe a consumer has lawfully made available to the general public.
Under the CTDPA, Connecticut consumers are provided with (1) the right to access; (2) right to correct; (3) right to delete; (4) right to data portability; and (5) right to opt out of the sharing of any Personal Data.
Colorado Privacy Act (Effective July 1, 2023)
Under the CPA, “Consumers” are defined as residents acting in their individual or household contexts and excludes individuals acting in a commercial or employment capacity, job applicants, and beneficiaries of someone acting in an employment context from its definition of “consumer.” “Personal Data” is defined to mean information that is linked or reasonably linkable to an identified or identifiable individual. The CPA does not extend to deidentified data or publicly available information.
Under the CPA, businesses will need to provide consumers with clear privacy notices and conduct data protection assessments for any personal data processing that presents a heightened risk of harm to consumers. Consumers are afforded the right to opt out of the processing personal data for targeted advertising or for the sale of personal data and provides a “user-selected universal opt-out mechanism.”
Brij the Gap Consulting LLC