BURNHAM STERLING PRIVACY POLICY

v.1.1

INTRODUCTION

Burnham Sterling & Company LLC and its affiliated companies, including Babcock & Brown Securities LLC and Burnham Sterling Asset Management LLC (collectively “Burnham Sterling”), respect your privacy and are committed to protecting your personal data in full compliance with applicable law. This privacy policy explains how and why we collect and use the personal data of our clients, partners, suppliers, and visitors to our sites, and how the law protects such personal data. Please refer to the Glossary to understand the meaning of some of the terms used in this privacy policy.

Burnham Sterling is self-certified as compliant with the EU-US and Swiss-US Privacy Shield Frameworks, as set forth in the EU-US Privacy Policy set forth below. In the event of any conflict or inconsistency with the terms of this Privacy Policy and the terms of EU-US Privacy Policy, the terms of the EU-US Privacy Policy will control.

CONTENTS

1. IMPORTANT INFORMATION AND WHO WE ARE

2. THE DATA WE COLLECT ABOUT YOU

3. HOW YOUR PERSONAL DATA IS COLLECTED

4. HOW WE USE YOUR PERSONAL DATA

5. DISCLOSURES OF YOUR PERSONAL DATA

6. INTERNATIONAL TRANSFERS

7. DATA SECURITY

8. DATA RETENTION

9. YOUR LEGAL RIGHTS

10. JURISDICTION

11. GLOSSARY

EU-US PRIVACY POLICY

CALIFORNIA PRIVACY RIGHTS

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1. IMPORTANT INFORMATION AND WHO WE ARE

This privacy policy explains how Burnham Sterling collects and processes your personal data through your use of this website and your interactions with Burnham Sterling staff. This policy only applies to the personal data described in section 2, in Burnham Sterling's role as a data controller. This policy does not apply to any content, data or information processed, stored, or hosted by other persons or companies.

Our websites and our services are not intended for those persons under 16 years of age, and we do not knowingly collect data relating to or direct marketing at such persons. If you believe that we have collected information about a person under 16, please contact us per the contact details below, so that we may delete the information in question.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you, so that you are aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Data Controller

Burnham Sterling is the data controller (the entity which determines the purpose and means of processing personal data) with respect to the personal data described under this privacy policy (collectively referred to as “Burnham Sterling” “we”, “us” or “our” in this privacy policy).

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.

Contact Details

If you have any questions about this privacy policy or our privacy practices, please contact us as follows:

Full name of data controller: Burnham Sterling & Company LLC

Email address: privacy@burnhamsterling.com

Postal address: Customer Privacy Department, 29 River Road, Cos Cob, CT 06807

Phone number: +1 203-862-4800

You have the right to make a complaint at any time to the supervisory authority for data protection issues in the EU Member State country in which you reside. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority so please contact us in the first instance.

Changes to the Policy; Please Inform Us of Changes

We keep our privacy policy under regular review and may modify this policy from time to time. If we make any changes to this Policy, we will post the amended terms and change the “Revised” date above.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third Party Links

This site may include links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third party sites, services or applications, and are not responsible for their privacy statements.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (such as anonymous or deidentified data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, last name, title and position in your organisation, as well as identifying numbers such as drivers license or passport numbers.
• Contact Data includes postal address, delivery address, email address, messaging and social network addresses, and telephone numbers.
• Transaction Data includes details about transactions with, and products and services you have purchased from, us or that we have purchased from you.
• Generalized Relationship and Other Data includes details about your employer, family, friends, colleagues, demographics, or household that you elect to disclose to us, to the extent such details include personal data, as well as financial and business information disclosed in furtherance of our services or relationship.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from personal data but is not considered personal data or under applicable law as this data does not reveal your identity. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data), nor do we collect any information about criminal convictions and offences.

Cookie Policy

We may collect Information using “cookies,” which are small files placed on your hard drive that may uniquely identify your browser and collect certain Information about you, and which are necessary to provide the functionality of our websites (such as for authentication) or, with your opt-in consent, help us analyze our web page flow, customize our Service, measure promotional effectiveness, and promote trust and safety. Certain features are only available through the use of cookies. You are always free to decline cookies via your browser settings, although doing so may interfere with your use of the site. You may encounter cookies from third parties that we do not control.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove or reject cookies, this may affect certain features of our sites. For further information about cookies, including how to refuse cookies, please visit www.allaboutcookies.org.

Residents of Europe

If you reside in the European Union, Switzerland, Norway, Lichtenstein or Iceland, and are protected by European data protection requirements, we will treat your personal data in compliance with our EU-US Privacy Policy (below) and the General Data Protection Regulation (GDPR).

If you fail to provide personal data where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a transaction you may have with us but we will notify you if this is the case at the time.

3. HOW YOUR PERSONAL DATA IS COLLECTED

We use different methods and sources to collect data from and about you including through:

• Direct interactions. You may give us personal data by filling in forms or by corresponding with us by post, phone, email, live interaction, or otherwise. This includes personal data you provide when you:
  • apply for our products or services;
  • request marketing to be sent to you; engage with us in the provision and receipt of products and services;
  • enter a survey; or
  • give us feedback or contact us.
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • technical data and analytics from providers based inside and outside the EU.
  • contact and transactions data from providers of technical, payment and delivery services.
  • identity and contact data from publicly available sources such as social media networks.

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data as the law allows. Most commonly, we will use your personal data in the following circumstances:

• where we need to perform a contract or engage in services we are about start or have commenced.
• where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• where we need to comply with a legal obligation.
• Purposes for which we will use your personal data

We will process your personal data only where there is a lawful basis to do so, specifically:

• to perform a contract or maintain a business or professional relationship with you or your employer, including:
  • using your information to deliver, or contact you regarding, products or services; and
  • exchanging information in connection with a contract or relationship between us.
• where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests, including;
  • to deliver relevant content to you;
  • to make suggestions and recommendations to you about goods or services that may be of interest to you; and
  • to establish, exercise and/or defend our legal rights including in any legal proceedings.
• to comply with a legal or regulatory obligation, including:
  • complying with any applicable regulatory requirements in terms of anti-money laundering rules;
  • undertaking conflict of interest checks;
  • regulatory and contractually-mandated audits;
  • and data protection rules.
• where you have consented to the particular use of your data, including:
• sending you marketing emails; and
• taking part in surveys.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

We do not use personal data for the purpose of using automated decision making or profiling.

Promotional offers from us

We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive such marketing communications from us if you have requested information from us, have engaged in a professional or business relationship with us, or purchased goods or services from us, and you have not opted out of receiving that marketing. You may opt out of marketing at any time via contacting us.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Sales of personal data

We do not engage in the sale of personal data and will not do so unless we allow you a means of opting out, or in connection with a merger, acquisition or sale of shares, business or assets.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a account management, product/service experiences, and other transactions.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the parties set out below for the purposes set out in section 4.

• external third parties as set out in the Glossary.
• third parties to whom we may choose to sell, transfer or merge parts of our business or our assets or that we acquire or merge with. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this policy.
• our affiliated entities and our service providers, consultants and other contractors in order to support or enhance our products, services and business operations, and to make available and consummate transactions and relationships. Such parties' use and processing of personal data will be subject to security or confidentiality obligations consistent with this policy and applicable law, and pursuant to written contractual obligations consistent with this policy.
• as required to comply with applicable law or lawful requests or process, or to enforce our terms and agreements, and to protect the rights, safety and property of Burnham Sterling, our agents, employees, customers, and others.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. INTERNATIONAL TRANSFERS

Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• subject to the points below, we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
• where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
• where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. 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.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach when we are legally required to do so.

8. DATA RETENTION

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation.

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 unauthorised 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, regulatory, tax, accounting or other requirements.

9. YOUR LEGAL RIGHTS

You have rights under data protection laws in relation to your personal data. You have the right to:

a) request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

b) request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

c) request erasure or deletion of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. However, please note that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

d) object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

e) request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

• to establish the data’s accuracy.
• where our use of the data is unlawful but you do not want us to erase it.
• where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

f) request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.

g) withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you or otherwise continue our relationship. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

Time limit to respond

We try to respond to all legitimate requests within 45 days. Occasionally it could take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. JURISDICTION

We are located in the United States, as are the servers that make our sites available. All matters relating to privacy issues are governed by the laws of the United States and the State of Connecticut. Nothing in this Policy may be construed as an admission that we are subject to the laws or jurisdictions of any national or international jurisdiction or governmental entity, or to non-US law.

11. GLOSSARY

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We must consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Personal data or personal information means any information (either alone or in combination with other information we hold) that specifically identifies you as an individual, such as your name, address and physical location, account numbers, email addresses, and telephone numbers.

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

External third parties

• Service providers acting as data processors based inside and outside the EU, including in the United States, who provide IT and system administration services and secure cloud-based information services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, agents, auditors and insurers based inside and outside the EU, including in the United Kingdom, who provide consultancy, banking, legal, insurance, travel and accounting services.
• Such companies may include other financial service providers such as brokerage firms, investment adviser firms, insurance companies, banks, leasing companies, fund managers and manufacturers, borrowers, lessees, sellers, buyers, and export, credit and ratings agencies.
• Such third parties include:
  Blackland Data Management, LLC (CRM operator)

EU-US PRIVACY POLICY

This EU-US Privacy Policy explains how we adhere to the privacy principles of the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework with respect to transfers of personal information from the European Union, as well as Norway, Lichtenstein and Iceland (collectively, ”EU”), and from Switzerland, to the United States. We are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

The United States Department of Commerce and the European Commission have agreed on a set of Privacy Shield Principles and Supplemental Principles, to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States (the “EU-US Privacy Shield”). The EU also has recognized the EU-US Privacy Shield as providing adequate data protection. The United States Department of Commerce and the government of Switzerland have agreed on a similar set of Privacy Shield Principles and Supplemental Principles, to enable U.S. companies to satisfy the requirement under applicable Swiss law that adequate protection be given to personal information transferred from Switzerland to the United States (the “Swiss-US Privacy Shield”).

We comply with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles.

A. Scope

This EU-US Privacy Policy applies to all personal information received by us in the United States from the EU and from Switzerland, in any format, including electronic, paper or verbal.

B. Definitions

For purposes of this EU-US Privacy Policy, the following definitions will apply:

• “agent” means any third party that collects or uses personal information under our instructions and for us, or to which we disclose personal information for use on our behalf.
• “personal information” and “personal data” means any data, information or data/information set(s) that identifies or could be used by or on behalf of us to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.
• “sensitive personal information” means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, views or activities, that concerns health or sex life, ideological views or activities, information on social security measures or benefits, or information on criminal or administrative proceedings and sanctions other than in the context of pending proceedings. In addition, we will treat as sensitive personal information any information received from a third party where that third party treats and explicitly identifies the information as sensitive within the same meaning as used here.

C. Privacy Shield Principles

The privacy principles in this EU-US Privacy Policy have been developed based on the Privacy Shield Principles and Supplemental Principles. For purposes of these principles and this section C, the term “EU” includes Switzerland.

(i) Notice. Where we collect personal information directly from individuals in the EU, we will inform such individuals about the purposes for which we collect and use personal information about them, the types of non–agent third parties to which we disclose that information, the choices and means, if any, we offer individuals for limiting the use and disclosure of personal information about them, and how to contact us. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information, or as soon as practicable thereafter, and in any event before we use or disclose the information for a purpose other than that for which it was originally collected.

Where we receive personal information from our subsidiaries, affiliates or other entities in the EU, we will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.

(ii) Choice. We will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose that is materially different than the purpose for which it was originally collected or subsequently authorized by the individual.

For sensitive personal information, we don't solicit such information and there's no need to disclose such information in order to use our services or sites. If we elect in the future to solicit such information, we will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of such solicited information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. We will provide individuals with reasonable mechanisms to exercise their choices.

(iii) Data Integrity. We will use personal information only in ways that are compatible with and relevant to the purposes for which it was collected or subsequently authorized by the individual. We will take reasonable steps to ensure that personal information is reliable to its intended use, accurate, complete, and current. We will remain compliant for as long as we retain personal information. Personal information will be retained in a form identifying or making identifiable an individual only for so long as necessary to process such information, subject to our right to retain such information for longer periods for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research, and statistical analysis.

(iv) Accountability for Onward Transfer. To transfer personal data to an agent, we will: (a) transfer such data only for limited and specified purposes; (b) ascertain that the agent is obligated to provide at least the same level of privacy protection as is required by the Privacy Shield Principles; (c) take reasonable and appropriate steps to ensure that the agent effectively processes the personal information transferred in a manner consistent with our obligations under the Privacy Shield Principles; (d) require the agent to notify us if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles; (e) upon notice, including under (d), take reasonable and appropriate steps to stop and remediate unauthorized processing; (f) provide a summary or a representative copy of the relevant privacy provisions of its contract with that agent to the Department of Commerce upon request; and (g) enter into enforceable contracts with agents consistent with this policy.

We will undertake to obtain assurances from our agents that they will safeguard personal information consistent with this policy. Examples of appropriate assurances that may be provided by agents include: (h) a contract obligating the agent to provide at least the same or substantially similar level of protection as is required by the relevant Privacy Shield Principles, (i) such agent being certified as Privacy Shield Principles-compliant, (j) such agent being subject to the EU Data Protection Directive, or (k) such agent being subject to another EU or Swiss adequacy finding (e.g., companies located in Canada). Where we have knowledge that an agent is using or disclosing personal information in a manner contrary to this policy, we will take reasonable steps to prevent or stop such use or disclosure.

(v) Access and Correction. Upon request, we will grant individuals reasonable access to personal information that it holds about them. In addition, we will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete, or that has been processed in violation of the Privacy Shield Principles, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated.

(vi) Security. We will take reasonable and appropriate measures to protect personal information in our possession from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and nature of the personal data.

(vii) Enforcement. We will conduct compliance reviews of our relevant privacy practices to verify adherence to this EU-US Privacy Policy and appropriate employee and agent training as necessary. Any employee or agent of ours that we determine is in violation of this policy will be subject to disciplinary action up to and including termination of employment or service. We will be responsible if our agent processes personal information in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.

(viii) Dispute Resolution. Any questions or concerns regarding the use or disclosure of personal information should be directed to the Data Processing Officer. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information by reference to this policy in an expeditious manner, and at no cost to the individual.

We have further committed to refer unresolved Privacy Shield complaints to JAMS (jamsadr.com), an alternative dispute resolution provider located in the United States, which serves as our third-party dispute resolution provider for Privacy Shield Principles-related disputes. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMS for more information or to file a complaint. The services of JAMS are provided at no cost to you.

Individuals may submit complaints on an individualized basis (and not purporting to be acting in a representative capacity or on behalf of a class) to JAMS. No damages, fees, or other remedies are available. Arbitrators will have the authority only to award individual-specific non-monetary equitable relief (such as access, correction, deletion, or return of the individual data's in question). Each party will bear its own attorneys fees, subject to the rules of JAMS.

In addition, individuals may submit disputes to binding arbitration who first comply with pre-arbitration requirements. Arbitration may not be invoked and is not available if the individual’s same claimed violation of the Privacy Shield Principles: (a) has previously been subject to binding arbitration; (b) was the subject of a final judgment entered in a court action to which the individual was a party; or (c) was previously settled by the parties. In addition, arbitration is not available if an EU Data Protection Authority: (d) has authority under sections III.5 or III.9 of the Privacy Shield Principles; or (e) has the authority to resolve the claimed violation directly with us.

D. Limitation

Adherence to this EU-US Privacy Policy is limited to the extent (i) required to respond to a legal or ethical obligation; (ii) necessary to meet national security, public interest or law enforcement obligations; and (iii) expressly permitted by an applicable law, rule or regulation.

E. Privacy Policy

We recognize the importance of maintaining the privacy of information collected online and via applications, and have created this policy governing the treatment of personal information collected through web sites, services, operations and applications that we operate. The policy reflects additional legal requirements and evolving standards with respect to privacy, and in fact, we utilize this policy in facilitating adherence to the Privacy Shield Principles and applicable EU data protection laws. As such, this EU-US Privacy Policy and the Privacy Policy should be construed harmoniously wherever possible; however, with respect to personal information that is transferred from the EU or Switzerland to the US, the Privacy Policy is subordinate to this EU-US Privacy Policy.

F. Contact Information

Questions or comments regarding this policy should be submitted to the Data Protection Officer as set forth above.

CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California law may provide you with certain rights regarding our use of your personal information.

A. “Do Not Track” under the California Online Privacy Protection Act. We are not aware of any processes for others collecting personal information about your activities on our websites over time and across third party websites, apps, or other online services, nor do we knowingly collect information about your activities over time across third party sites and services.

B. California's "Shine the Light" law (Civil Code Section § 1798.83). This law permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to us as set forth in section 2.

C. California Consumer Privacy Act (CCPA).

This part (C) serves as a privacy notice for California residents and applies solely to all visitors, users, and others who reside in the State of California. This part is effective upon the effective date of enforcement of the CCPA. We adopt this policy to comply with the CCPA as of the effective date of this policy, and any terms defined in the CCPA have the same meaning when used in this notice. Note that provision of this CCPA notice is not an admission on our part that Burnham Sterling is a “business” within the meaning of the CCPA, and nothing in this policy may be construed as such an admission.

Personal information we collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person (“personal information”) that falls within the following categories of personal information, and have done so within the last (12) months:

Personal information does not include: (a) publicly available information from government records; (b) deidentified information or aggregate consumer information; (c) information excluded from the CCPA’s scope; and (d) personal information covered by certain sector-specific privacy laws.

We obtain the categories of personal information listed above from the following categories of sources:

• directly from you or publicly available sources. For example, from forms you complete or products and services you purchase or sell, or from information you choose to display in publicly accessible social media accounts.
• indirectly when you use our services (e.g., cookies when using our website).

Our use of personal information

We may use or disclose the personal information we collect for the purposes set forth in this Policy, and one or more of the following business purposes:

• to fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery.
.
• to provide, support, personalize, and develop our website, products, and services.
• to create, maintain, customize, and secure your account with us. to process your requests, purchases, transactions, and payments and prevent transactional fraud.
• to provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our sites, third-party sites, and via email or text message (with your consent, where required by law). to help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business.
• for testing, research, analysis, and product development.
• to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• as described to you when collecting your personal information or as otherwise set forth in the CCPA.
• auditing related to a current interactions and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
• detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
• debugging to identify and repair errors that impair existing intended functionality.
• to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing personal information

We may disclose any or all of the categories above of your personal information to a third party for a business purpose, as set forth in section 11 above (External Third Parties), and we have done so in the last 12 months. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

We disclose your personal information for a business purpose to the following categories of third parties:

• delivery and fulfillment service providers (e.g., UPS, FedEx, USPS or DHL)
• third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Policy.
• any other third parties you have permitted us to disclose your personal information to
• as set forth in this Policy

Your rights and choices

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• the categories of personal information we collected about you.
• the categories of sources for the personal information we collected about you.
• our business or commercial purpose for collecting or selling that personal information.
• the categories of third parties with whom we share that personal information.
• the specific pieces of personal information we collected about you (also called a data portability request).
• if we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (a) sales, identifying the personal information categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion request rights

California residents have the right under the CCPA to request that we delete any of their personal information that we have collected and retained, subject to certain exceptions. Once we receive and confirm a verifiable consumer request (see below), we will delete (and direct our service providers to delete) relevant personal information from our records, unless an exception applies.

We may deny California residents’ deletion request if retaining the information is necessary for us or our service provider(s) to:

• complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with the requesting individual, or otherwise perform our contract with a requesting individual.
• detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• debug products to identify and repair errors that impair existing intended functionality.
• exercise free speech, ensure the right of another to exercise their free speech rights, or exercise another right provided for by law.
• enable solely internal uses that are reasonably aligned with consumer expectations.
• comply with a legal obligation.
• make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Verifiable consumer request

To exercise the access, data portability, and deletion rights under the CCPA described above, please submit to us a verifiable consumer request as set forth in section 2 above.

Only a California resident, or a person registered with the California Secretary of State that a California resident has authorized to act on their behalf, may make a verifiable consumer request related to their personal information. A California resident may also make a verifiable consumer request on behalf of their minor child.

A verifiable consumer request for access or data portability can only be made twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify the California resident about whom we collected personal information or an authorized representative, and contain sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account on our website. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

We will endeavour to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-discrimination

We will not discriminate against you for exercising any of your CCPA rights. Except as permitted by the CCPA, we will not:

• deny you goods or services.
• charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• provide you a different level or quality of goods or services.
• suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

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