Privacy Policy

To help us create, publish, and improve content: Making sure that the content you receive is relevant and useful to you.

To ensure effective presentation: Ensuring that the content provided through the website is displayed in the most effective manner for you and your device.

To notify you about changes: Keeping you informed about changes to our website or any products or services we offer or provide through it.

To improve our offerings: Enhancing our website, products or services, marketing, or customer relationships and experiences.

To enable participation in interactive features: Allowing you to take part in interactive features of our website, should you choose to do so.

In any other way described when you provide the information: Including stipulations outlined in our applicable terms of use.

For any other purpose with your consent: Using your information for additional purposes, provided we have your express consent.

2.5 Retention of your Personal Data

BES will retain your personal data only for as long as necessary for the purposes outlined in this Privacy Policy. We will retain and use your personal data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

2.6 Transfer of Your Personal Data

BES will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

2.7 Disclosure of Your Personal Data

BES may disclose aggregated information about our users and information that does not identify any individual without restriction.

We may disclose personal information that we collect or you provide, as described in this Privacy Policy, in the following ways:

To our subsidiaries and affiliates.

To Service Providers and other third parties: We use these partners to support our business (such as analytics and search engine providers that assist us with website improvement and optimization, cloud computing services, data analytics services, data storage service providers, performance monitoring tools, retargeting platforms, sales and marketing tools, testing tools, website hosting service providers) and they are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and process the personal information in accordance with the standards set out in this policy.

To advertisers and advertising networks: These parties require information to select and serve relevant advertisements to you and others. We do not disclose data about identifiable individuals to advertisers but may provide them with aggregate information about our users. We may use such aggregate information to help advertisers target a specific audience. Additionally, we may utilize personal information we have collected from you to enable us to display our advertisers' advertisements to that target audience.

To third parties for marketing: These parties may market their products or services to you if you have consented to these disclosures. We require them to contractually agree to keep personal information confidential and use it only for the purposes for which we disclose it to them.

To candidates or clients: This is done in accordance with our terms of service.

To fulfil the purpose for which you provide it: For example, if you ask us to submit your personal data to a client or candidate, as applicable.

In accordance with applicable law: To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our customers and users is among the assets transferred.

For any other disclosed purpose: This may include purposes disclosed by us when you provide the information, including in our applicable terms of use.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law.
• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

2.8 Transferring Your Personal Data

BES may transfer personal data that we collect or that you provide, as described in this policy, to contractors, Service Providers, and other third parties we use to support our business. These parties are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and process the personal information with the same standards set out in this policy.

We may process, store, and transfer your personal information in and to a foreign country, which may have different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a Service Provider, we require that its privacy and security standards adhere to this policy and applicable Canadian privacy legislation.

Your personal data may be transferred to and processed in countries other than your home country. We will only transfer your personal data to countries that provide an adequate level of data protection or where we have put in place appropriate safeguards to preserve the privacy of your personal data. When we transfer your information to recipients in these countries, we will protect that information as described in this Privacy Policy and comply with applicable legal requirements.

By submitting your personal information or engaging with the Website, you consent to this transfer, storage, or processing.

Residents of Quebec

In accordance with Quebec private sector privacy legislation, BES assesses personal information that is being transferred outside of Quebec to ensure that the information receives adequate protection. BES may transfer your information outside of Quebec to better serve you.

2.9 Data Security

The security of your personal data is very important to BES. We employ physical, electronic, and administrative measures designed to secure your personal data from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us behind firewalls on our secure servers, and any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depend on you. Where we have provided you with (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask that you do not share your password with anyone. Additionally, we urge you to be cautious about providing information in public areas of the Website, like message boards, which any visitor can view.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we strive to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk, and we are not responsible for any circumvention of privacy settings or security measures contained on the Website.

2.10 Accessing and Correcting your Personal Information

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.

You can review and change your personal information by emailing contactus@besclientportal.com.

If you wish to review, verify, correct, or withdraw consent to the use of your personal information, you may send us an email as indicated in the “Contact Us’ section below to request access to, correct, or delete any personal information you have provided to us. Please note that we cannot delete your personal information without also deleting your user account. We may not be able to accommodate a request to change information if we believe the change would violate any law or legal requirement or render the information incorrect. We may charge you a fee to access your personal information, but we will notify you of any fee in advance.

We may request specific information from you to help us confirm your identity and your right to access, so we can provide you with the personal information we hold about you or make the changes you request. Applicable law may allow or require us to refuse to provide you access to some or all of the personal information we hold about you, or we may have destroyed, erased, or anonymized your personal information in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons, subject to any legal or regulatory restrictions.

We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:

• Information protected by solicitor-client privilege.
• Information that is part of a formal dispute resolution process.
• Information that pertains to another individual and would reveal their personal data or confidential commercial information.
• Information that is prohibitively expensive to provide.

2.11 Withdrawing Your Consent

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us by email as indicated in the Contact Us section below. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact at the time to help you with your decision.

Subject to the terms of your agreement with us, you may close your account with the Company by contacting your account administrator or by emailing us as indicated in the "Contact Us" section below. Note that even if you request to close your account, you may still have obligations under your agreement with us.

2.12 B2B Communications

If you represent a prospect, partner, or customer, either prior to entering into an agreement with BES or during a business relationship between BES and the legal entity you represent, we may process your basic contact details (e.g., your name, surname, job position, company name, email, and phone number) as necessary to carry out our joint business relationship. When legally permissible, we may augment this information to ensure its accuracy. This processing of your personal data is based on our legitimate interest in maintaining and developing our business relationship and customer base, as well as promoting our products, services, and customer loyalty programs. Generally, you cannot opt out of these communications, as they are not marketing-related but are required for the relevant business relationship.

We may obtain contact information from public sources, including content made public at Third-Party Social Media Services, to make initial contact with a relevant individual at a client or other company. However, the bulk of the personal data we collect and use for marketing purposes pertains to individual employees of our clients and other companies with which we have an existing business relationship. Commercial emails sent to individuals at our client companies or other companies with whom we aim to develop or maintain a business relationship are sent in accordance with applicable marketing laws. These communications may include Cookies and similar technologies that allow us to know whether you open, read, or delete the message, and track links you may click. We combine this data to better assess and tailor your experience with BES and to perform other activities described throughout our privacy policy.

You may easily opt out of receiving any further marketing communications at any time. Simply click the ‘unsubscribe’ or ‘opt-out’ function at the bottom of the email. In addition, you can also exercise your opt-out right at any time by contacting us at contactus@besclientportal.com and providing the following information: your name, your email address, a contact telephone number, the marketing communications you would like to opt out of receiving.

3 Processing of Your Personal Data

3.1 Email Marketing

We may use your personal data to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You can opt out of receiving any or all of these communications from us by following the unsubscribe link or instructions provided in any email we send, or by contacting us directly.

We may use Email Marketing Service Providers to manage and send emails to you. One such provider is Loxo, which is the applicant tracking system used by BES. There may be instances where this platform is leveraged while you make use of our services. Their Privacy Policy can be viewed at: https://loxo.co/privacy-policy.

4 US State Privacy Law Rights

4.1 California Resident Privacy Rights

If you are a California resident, the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), may provide you with additional rights regarding your personal information. The rights outlined in this section do not apply to information exempted under the CCPA, such as aggregated data, or to individuals who are not residents of California.

To the extent provided under the CCPA, and subject to applicable exceptions, California residents have a right to request information about our collection, use, and disclosure of their personal information. Specifically, California residents have the following rights:

The right to know: You have the right to know the categories and specific personal information we have collected, the categories and sources from which we collected the personal information, the categories of third parties with whom we share personal information, and the business or commercial purpose for collecting or selling (if applicable) personal information.

The right to request a copy: You have the right to request a copy of the personal information that we collected during the past 12 months.

The right to opt-out: You have the right to opt out of the sale of personal information or sharing personal information for cross-contextual behavioural advertising (where applicable and in accordance with CCPA).

The right to request deletion: You have the right to request that we delete the personal information that we have collected from you, subject to certain exceptions.

The right to correct: You have the right to correct inaccurate personal information that we maintain about you.

The right to limit disclosure: You have the right to limit the disclosure of your sensitive personal information, if we use or disclose sensitive personal information.

The right to opt-out of automated decision-making: You have the right to request information about and opt out of automated decision-making (if applicable).

The right to non-discrimination: You have the right to exercise the rights described above free from discrimination or retaliation, as prohibited by the CCPA.

We do not "sell" personal information as the term "sell" is traditionally understood. However, we use third-party analytics tools and social media pixels and may use targeted advertising platforms. To the extent that sharing personal information with these services is considered a “sale” under the CCPA, you may opt out of the sale of your information by contacting us as directed in the "How to Contact Us" section below.

We have collected the following categories of personal information in the past twelve (12) months:

Please see section 2.5 Retention of Your Personal Data above for more information.

4.2 Virginia and Colorado Resident Privacy Rights

If you are a resident of Virginia or Colorado, the Virginia Consumer Data Protection Act (VCDPA) and Colorado Privacy Act (CPA) may provide you with additional rights regarding your personal information. The rights outlined in this section do not apply to information exempted under the VCDPA or CPA, including aggregated data, or to individuals who are not residents of Virginia or Colorado.

To the extent provided under the VCDPA or CPA, and subject to applicable exceptions, Virginia and Colorado residents have the following rights with respect to the information that we collect:

The right to know: You have the right to know the personal information that we process about you.

The right to access: You have the right to access the personal information that we process about you.

The right to correct: You have the right to correct inaccurate personal information that we maintain about you.

The right to obtain a copy: You have the right to obtain a copy of the personal information that we have collected about you.

The right to opt-out: You have the right to opt out of the processing of personal information for (i) targeted advertising; (ii) the sale of personal information; or (iii) profiling for decisions with legal or other significant effects on the consumer.

The right to request deletion: You have the right to request that we delete the personal information that we have collected from you, subject to certain exceptions.

The right to non-discrimination: You have the right to exercise the rights described above free from discrimination or retaliation as prohibited by the VCDPA or CPA.

4.3 Nevada Resident Privacy Rights

If you are a resident of Nevada, you have the right to opt out of the sale of certain information to third parties who intend to license or sell that information. If we sell your information, you can exercise this right by contacting us as directed in the Contact Us section below. If the request is via email, please include the subject line “Nevada Do Not Sell Request” and provide us with your name and email address.

4.4 Financial Incentives

Financial incentives are programs, benefits, or other offerings, including payments to consumers as compensation, in exchange for the disclosure, deletion, or sale of personal information about them. We do not offer financial incentives to a consumer for the disclosure, deletion, or sale of their personal information.

4.5 Exercising Your US Privacy Rights

California residents may exercise their CCPA rights, Colorado residents may exercise their CPA rights, and Virginia residents may exercise their VCDPA rights by contacting us via email as indicated in the "Contact Us" section below. Your rights may only be exercised by you or by your designated agent. You may only submit a CCPA request to know twice within a 12-month period.

Your request must include enough information to allow us to reasonably verify that you are the person about whom we collected personal information or an authorized representative. Verification may include: (a) verifying your account information if you have an account with us; or (b) requesting two forms of identification that are reliable for verification purposes. If the request includes sensitive information, we may require three forms of verification and a signed declaration. The information included in your request must allow us to properly understand, evaluate, and respond to it.

We cannot respond to your request if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. If we cannot verify your identity or authority, we will not fulfill your request. We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

You may submit a request through a designated agent. You must instruct that agent to state that they are acting on your behalf when making the request, have the reasonably necessary documentation, and be prepared to provide the necessary personal information to identify you in our database.

5 EU Data Subject Rights

If you are a resident of Switzerland, the United Kingdom, or a country within the European Economic Area (EEA), you may have rights under European data protection laws regarding the processing of your personal information. These rights may include:

Access: You have the right to access the personal information that we process about you.

Correction, Erasure, or Transfer: In certain cases, you may have the right to request that your personal information be corrected, erased, or transferred, subject to limitations under applicable law.

Objection or Restriction: You may have the right to object to or request that we restrict the processing of your personal information.

Consent Revocation: If we collect personal information based on your consent, you have the right to revoke your consent at any time. If your personal information has been submitted to us by a subscriber, and you wish to exercise any rights you may have under applicable data protection laws, please inquire directly with the applicable subscriber.

Residents of the United Kingdom, any country within the EEA, or Switzerland may file a complaint with a data protection authority. The data protection authority will require you to first attempt to resolve any complaint with us. Any other dispute arising out of or related to this Privacy Policy will be handled in accordance with the dispute resolution process indicated in our terms of service or website terms, as applicable.

5.1 Lawful Basis.

If you reside in the European Economic Area or Switzerland (collectively referred to as the "EU"), and where we are the Data Controller, we rely on the following lawful grounds under the General Data Protection Regulation, the United Kingdom General Data Protection Regulation, or the Swiss Data Protection Act (collectively referred to in this Privacy Policy as "GDPR") to process (collect, store, and use) your personal information:

Performance of a Contract: It is necessary for the performance of a contract with you.

Legitimate Business Interest: It is in our or a third party’s legitimate business interest.

Consent: Your consent to process your personal information.

Vital Interests: It is necessary to protect your vital interests.

When personal information is submitted through our Services, our subscribers determine the lawful grounds for processing, and we limit such processing to our subscribers’ instructions.

5.2 Data Transfer Notice.

We are located in Canada and transfer your personal information for processing in Canada. We carry out this transfer in the absence of an adequacy decision because it is necessary for the performance of a contract with you or with your explicit consent. Additionally, we use model contractual clauses (or the then-lawful data transfer mechanism recognized under GDPR or other applicable laws) with our subscribers to provide adequate protection for the transfer and processing of your personal information in the United States. We also utilize these model contractual clauses with our sub-processors to ensure adequate protection for the transfer and processing of your personal information.

5.3 Individual Rights and Data Requests.

Depending on your location, jurisdiction, and applicable law, you may have the following rights regarding the Personal Information we control about you. We will respond to your requests within the appropriate timeline as per applicable law:

The right of access: You have the right to request disclosure of what personal information we have collected, used, and disclosed about you.

The right of deletion: You can request that we delete personal information collected or maintained by us, subject to certain exceptions.

The right to non-discrimination: You are entitled to receive non-discriminatory treatment when exercising any of your privacy rights.

You may ask us to correct or update your personal information, object to its processing, request restriction of processing, or request portability of your personal information.

While Account holders cannot opt out of service-related emails, as these are essential for the Services, you have the right to opt out of marketing communications at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send or by contacting us using the information below.

If our lawful basis for processing is your consent, you can withdraw it at any time. Withdrawing consent will not affect the lawfulness of any processing conducted before your withdrawal, nor will it affect processing of your Personal Information based on lawful processing grounds other than consent.

You have the right to complain to a data protection authority about our collection and use of your personal information.

5.4 Exercising Your Rights.

We offer features in our Services that enable subscribers to directly address data subject requests related to accessing, transferring, rectifying, or erasing their personal information, as well as restricting or objecting to its processing. You may also reach out to us via email, as provided in the “Contact Us” section below, to request access, transfer, rectification, or erasure of your personal information, or to request restrictions on processing, or to object to processing, to the extent that this information is processed by us on our own behalf. Please clearly specify the nature and details of your request. We may require additional information to verify your identity and status as an EU data subject. If your personal information is being processed on behalf of a subscriber, we will forward your request to the subscriber and assist them in responding within 30 days. For visitors to our Site, we will respond directly to such requests within 30 days. If your personal information is processed based on consent, you have the right to withdraw this consent at any time without affecting the lawfulness of the processing conducted prior to withdrawal. To withdraw consent, please email us as indicated in the Contact Us section below.

6 Retention

At a minimum, and to the extent permitted by applicable law, we will retain your personal information for as long as necessary to fulfil the purpose for which it was collected. This includes delivering a Service, fulfilling our contractual obligations, serving our or a third party's legitimate interests, or as per your consent.

7 Children

We do not knowingly collect personal information from an individual under the age of 16. If you are under the age of 16, please do not submit any personal information through the Website. If you have reason to believe that we may have accidentally received personal information from an individual under the age of 16, please contact us immediately by email as indicated in the Contact Us section below.

8 Links to Other Websites

Our service may include links to other websites not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly recommend reviewing the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

9 Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. Additionally, we will inform you via email and/or a prominent notice on our service before the changes take effect and update the “last updated” date at the top of this Privacy Policy. We encourage you to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy become effective when posted on this page.

10 Subscriber Rights

If you have purchased a subscription to a service governed by a separate agreement between you and the Company, the terms of that agreement will take precedence in the event of a direct conflict with this Privacy Policy.

11 Contact Us

If you have any questions about this Privacy Policy, you can reach our Data Controller by email: contactus@besclientportal.com.