PRIVACY NOTICE

Effective Date: August 2022
Last updated: January 19, 2024

This M S Benbow and Associates Professional Engineering Corporation (“MSB”) Privacy Notice describes how we handle information relating to an identified or identifiable person (“personal data”) and what privacy rights you may have in relation to your personal data. Our Privacy Notice applies to our websites that post a link to this Privacy Notice (collectively, the “Website”), when we provide our products and services, and during the general operation of our business. When you use our Website, or interact with us or our service providers, you consent to the collection and handling of your data as described in this Privacy Notice.

Collection of Personal Data

We may collect the following categories of personal data:

Identifiers (e.g., name, social security number, driver’s license number)
Contact information (e.g., telephone number, email address, physical address)
Protected classification information (e.g., age, race, gender, physical or mental disability, sexual orientation, marital status)
Commercial information (e.g., products or services purchased)
Biometric information
Internet and network information (e.g., IP address, internet provider, operating system and browser used, type of device, such as laptop or smart phone, device cookie settings and other device details, such as MAC address and geolocation, if you use our Site and permit it to obtain your precise geolocation)
Geolocation data
Professional or employment related information
Education information
Inferences drawn from the categories of information identified here
Sensitive personal information
Communications (e.g., mail, email or text message content. Please note that we record calls for our client service team)
Usage Data (e.g., browser type, operating system type or mobile device model, viewed webpages, links that are clicked, IP address, mobile device identifier or other unique identifier, sites or apps visited before coming to our Site, the amount of time you spend viewing or using the Site, the number of times you return, or other click-stream or site usage data, emails we send that you open, forward, or click through to other sites)
Social Media (e.g., Usage Data and personal information such as lists of your friends, “likes”, comments you have shared, groups and location)
Legal information (e.g., fraud checks or flags raised about suspected crimes, complaints, claims and accidents)
Metrics related to consumer requests

We may obtain the above categories of information from the following sources:

From you when you directly or indirectly provide us the data
From your activities on our Website and through the use of cookies
From social networks
From public records
From service providers
From business partners

Cookies and Website Analytics

We and our service providers may use cookies or website analytics services to collect and store your data. Cookies are small files stored on your browser, device, or the page you are viewing to help the website analyze how users use the site. Some cookies are deleted once you close your browser, while others remain longer so you can be recognized when you return to our Website.

Cookies allow you to more easily use our Website and help us provide and improve it. Service providers may also use cookies to advertise to you based on your past visit(s) to the Website. Our advertisements may appear on other websites.

Use of Personal Data

We may use your personal data for any of the following purposes:

To provide, maintain, and improve our products and services
To communicate with you
To provide you with information, products, and services that you request from us
To conduct market and consumer studies
To personalize, advertise, and market our services
To conduct background checks
To evaluate your eligibility for employment or agreements
To conduct research and development
To report and investigate adverse events
To detect, investigate, prevent, and respond to fraud or any other harmful activities
To comply with our legal and contractual obligations
To exercise and defend legal claims
To otherwise operate our business
As described to you at the point of data collection or handling or otherwise where we are legally permitted or are required to do so

Data that is in an aggregated or deidentified form is not personal data. MSB and its service providers may use, sample, collect, compile, license or sell aggregated or deidentified data.

Sharing of data

We do not rent or sell your personal data. Nor do we share your personal data with third parties for their own direct marketing purposes. We will not disclose or transfer your personal data to any third party except when one of the following is true:

You consent to the disclosure
The disclosure is to a party that controls, is controlled by, or is under common control with us
The disclosure is related to a business purpose
The disclosure is reasonably necessary for the establishment or maintenance of legal claims
The disclosure is required by law
The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets
The disclosure is not inconsistent with this Privacy Notice or our description at the point of collection or handling, and otherwise not prohibited by applicable law

When we disclose personal data for a business purpose, we enter a contract with the recipient that describes the purpose for handling the data and requires the recipient to keep them secure and confidential and not use them for any purpose except performing the contract. We have disclosed the following categories of data for a business purpose:

Identifiers
Contact information
Protected classification information
Commercial information
Biometric information
Internet and network information
Geolocation data
Professional or employment related information
Education information
Inferences drawn from the categories of information identified here
Sensitive personal information

We may disclose data for a business purpose to the following categories of third parties:

Our affiliates
Our business partners
Service providers (e.g., data handling and technology services, customer service administrators, payment processors, advertising networks and marketers)
Legal and administrative authorities
To an entity related to a business transfer
Third parties to whom you authorize us to disclose your information

Data transfers

If you are accessing the Website from outside of the U.S., please be aware that data collected through the Website may be transferred to the U.S. (We are based in the U.S. and our Website is hosted on servers in the U.S.) We transfer data to the U.S. for the purposes described in this Privacy Notice or our description at the point of collection or handling, and otherwise not prohibited by applicable law. Laws in the U.S. may be different from and provide less protection than those in the country you are located. We may also transfer personal data amongst ourselves or with service providers in other countries in order to process consumer privacy requests.

Third-party practices

Our Website may contain links to third-party websites. If you visit a third-party website, you are subject to that website’s privacy notice and not ours.

Data storage and security

We or our service providers may store your personal data in the U.S. or in other countries. Except as otherwise permitted or required by law, we retain your personal data for as long as necessary to fulfill the purposes they were collected for. 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 of processing by other means, and any applicable legal requirements.

We maintain reasonable administrative, technical, and physical safeguards to protect your data from accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. Our service providers are also required to adhere to reasonable security practices to further ensure your data. That being said, digital transmission and storage of data is not completely secure and we cannot guarantee the safety of your data.

We also store each user’s IP address for security reasons, in the event we identify and need to block suspicious activity on our website.

Children

Our websites are not intended for children under 18 years of age. In the event we learn that we collected personal data from a child under the age of 18 through our website, we will delete the data unless they were collected with the appropriate consent or as otherwise permitted under applicable laws. We may collect personal data from a child with the consent of his or her parent or guardian outside of our website.

Do Not Track

Your browser may allow you to set a Do Not Track (“DNT”) signal indicating that you do not wish your online activity to be tracked. We do not respond to and cannot act on received DNT signal headers.

Opt-out of communications

If you no longer wish to subscribe to our news, alerts, or any similar information sent by us, you can opt-out of receiving such communications by following the unsubscribe instructions included in each communication or by sending us your opt-out request using the “Contact” section below. If you opt-out, you may still receive communications related to your interactions with us, non-promotional communications, or others as required by law. We may also keep data we collected about you to record your decision to opt-out.

Your rights

This section describes data privacy rights you may have and how to exercise them. Depending on applicable law where you reside, you may be able to assert certain rights related to your personal information identified below. If any of the rights listed below are not provided under law for your jurisdiction, we have absolute discretion in providing you with those rights.

To access: you can obtain information relating to the processing of your personal information and a copy of such personal information.

To erase: you can require the deletion of your personal information to the extent permitted by law. We may also deny your deletion request to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. We will notify any third party that we have shared your personal information with and instruct the third party to delete your related personal information.

To object: you can object to the processing of your personal information on grounds relating to your particular situation. In cases of opposition to the processing of personal information MSB reserves the right to assess the application, which will not be accepted if there are legitimate reasons to proceed with the processing that prevail over your freedoms, interests and rights.

To restrict: you can request the restriction of the processing of your personal information.

To opt out: where you have given your consent for the processing of your personal information, you have the right to withdraw your consent at any time.

To data portability: you have the right to have the personal information you have provided to us returned to you or, where technically feasible, transferred to a third party.
To know: you have the right to be informed if in the last 12 months MSB has disclosed, sold, or shared your personal information to a third party.
To correct: you have the right to correct any inaccurate personal information about you. If any personal information requires correction, MSB will use commercially reasonable efforts to fulfill your correction request.
To appeal: In some jurisdictions, applicable law may give you the right to appeal an action by Company with regard to a privacy request.

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about consumer privacy rights in certain other states and how to exercise them, visit:

California – California Consumer Protection Act (CCPA)
Colorado – Consumer Protection Act (CPA)
Connecticut – Connecticut Data Privacy Act (CTDPA)
Delaware – Delaware Personal Data Privacy Act (DPDA)
Indiana – Indiana Consumer Data Protection Act (INCDPA)
Iowa – Iowa Consumer Data Protection Act (ICDPA)
Montana – Montana Consumer Data Privacy Act (MCDPA)
Oregon – Oregon Consumer Protection Act (OCPA)
Tennessee – Tennessee Information Protection Act (TIPA)
Texas – Texas Data Privacy and Security Act (TDPSA)
Utah – Utah Consumer Protection Act (UCPA)
Virginia – Virginia Consumer Data Protection Act (VDCPA)

To exercise your privacy rights, send us your verifiable consumer request using the “Contact” section below.

You may exercise your rights to know, delete or correct by only you, or someone legally authorized to act on your behalf, may make a request to know, delete or correct related to your personal information. Depending on your jurisdiction, your ability to submit multiple requests within the same 12-month period may be limited.
The verifiable consumer request must (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal data only, and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. You may designate an authorized agent to make a request on your behalf subject to proof of identity and authorization. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity. We will only use personal data provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
If we cannot reasonably authenticate a request to exercise any of the rights stated above, or, if we believe such request is fraudulent, we will not comply with a request. Under these circumstances, we will provide notice to you that we are unable to authenticate the request, or that we believe the request is fraudulent and the reasons underlying our belief. We will not comply with said request until you provide additional information reasonably necessary to authenticate the request or determine the request is not fraudulent.
We will respond to your request consistent with applicable law.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact as provided in “Contact” section below.

MSB endeavors to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain any 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 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 and incurring the cost.

Anti-discrimination

MSB will not discriminate against you for exercising any of your rights stated above. Specifically, unless permitted by law, MSB will not do any of the foregoing solely because you exercised any of your rights under this privacy notice:

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.

Privacy Notice updates

This Privacy Notice was updated in January 2024.

We reserve the right to amend this Privacy Notice at our discretion and at any time. Any changes will be posted on this page with an updated revision date. By using the Website, or interacting with us, you agree to be bound by the Privacy Notice as posted.

Contact

If you have any questions, comments, or requests, please contact us by email at privacy@msbenbow.com or by telephone at (504) 832-2000.