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Blueberry    The Institute for Sensory Research


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Privacy Policy

Effective Date: October 23rd 2018

  1. General Privacy Statement

    This Privacy Policy provides you with information on how J. Reckner Associates, Inc. (d/b/a Blueberry, Institute for Sensory Research, Reckner Facilities, Reckner Healthcare hereinafter referred to as “Reckner”, “we”, “us” and “our”), will process your personal data according to the General Data Protection Regulation (hereinafter referred to as the “GDPR”). Reckner is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Privacy Policy applies to all of Reckner branded websites including recknermednet.com, reckner.com, recknerhealthcare.com, blue-berry.com, sensoryguidance.com and reckneropinions.com and also to survey websites which may be operated by partners of Reckner and governs data collection and usage. By using a Reckner website or taking a survey, you consent to the data practices described in this policy.

    J. Reckner Associates, Inc., with registered office at 1600 Manor Dr, Chalfont, PA 18914, United States of America and the email address privacy@reckner.com is the data controller (within the meaning of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, hereinafter referred to as the “GDPR” or "General Data Protection Regulation"), responsible for processing your personal data in connection with the website.

    The representative of the controller in the European Union is:

    Wieneroiter Raffling Tenschert & Partner Rechtsanwälte GmbH (WRTP Attorneys at Law)
    Universitätsring 12/1/13
    1010 Vienna
    Austria
    office@wrtp.at

  2. EU-US Privacy Shield

    J. Reckner Associates, Inc.complies with the EU-U.S. 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 to the United States. J. Reckner Associates, Inc.has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

  3. What personal data do we process and why?

    Personal data shall mean any information relating to an identified or identifiable natural person (in the sense of the GDPR). We process personal data collected via our website and/or our surveys.

    The provision of personal data is voluntary. However, if you do not provide your personal data processes might be delayed or impossible.

    We process the following categories of your personal data for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract;
    on the basis of your consent according to Article 6(1)(a) of the GDPR;
    on the basis of our prevailing legitimate interest (Article 6(1)(f) GDPR) which is to achieve the purposes of the proper administration of our website and business and the proper management of our customer relationships.

    1. Website Visits & Registration

      We collect the following personal data when you visit the website or register to take surveys, whether you are a registered user of the website or not:

      • name
      • log in
      • password
      • IP address
      • website's usage (i.e. how you interact with our website)
      • information on your device (e.g. screen size)
      • (social) network user ID, if you use social network plug-ins (e.g. “Like” button)
      • location
      • public content you may have posted on, or through the website
    2. Survey Participation

      When you take a survey unless otherwise disclosed at the beginning of the survey itself, we collect the following personal data.

      • Survey Password
      • IP address
      • Device Information

      We may process data about your use of our website and services. The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use.

      We will use your IP address, as well as cookies to collect this personal data and to cache authentication information and occasionally persist survey progress or completion:

      • IP address: Your IP (internet protocol) address is a number unique to your computer which is automatically allocated to it by your Internet-Service Provider (ISP). Every time you visit the website, your IP address is automatically logged and recorded in our server log files, which show the time(s) at which you visited the website and the individual page(s) you viewed.
      • Cookies: A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies

      We use Google Analytics to analyse the use of our non-survey website(s). Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/

    3. Special features, options and other purposes

      We also may process the following personal data in addition to that specified under 1. above, for the purposes described hereafter:

      • personal details (first name / surname / age / education / job specialization)
      • telephone number
      • email address
      • postal address

      We may use your personal data for the following purposes:

      1. conduct our surveys

        • We use your personal data to take surveys and to ask you to complete questionnaires. Legal basis for processing: your consent.
      2. Respond to your requests / Administrative interactions

        • Respond to your inquiries, questions and comments, and fulfil your requests. You have the option of contacting us via the website. If you send us a message via the website, we will use your personal data to help us deal with any enquiries, suggestions and complaints you may have. We will not generally forward any requests or enquiries to third parties. Legal basis for processing: our legitimate interests to answer your queries.
        • To send administrative information to you, for example, information regarding the website and changes to our terms, conditions, and policies. We use your personal data to provide you with important information relating to the website, your transactions and any changes in our terms and conditions, our policies or this Privacy Policy ("Important Emails"). Legal basis for processing: our legitimate interests to inform you by email about the evolution of our website, our terms and conditions, our policies, and this Privacy Policy.
      3. IT administration

        • We may use your personal data to diagnose server problems, administer the website and / or survey and check that it properly functions. Legal basis for processing is our legitimate interests to administer our IT systems and networks and ensure the website technically functions.
      4. Sending of marketing communications

        • We use your personal data to send you direct marketing communications by email and ask you to complete questionnaires and surveys, for example. Among our marketing communications is our newsletter, to which you can subscribe. Legal basis for processing is your Consent. You can withdraw your consent to receive anytime. You can also unsubscribe from marketing related communication via the unsubscribe links on those communications.
  4. With whom do we share YOUR personal DATA?

    In order to provide and market our services, we share personal data with the following trusted partners:

    • Microsoft Office 365: is our partner delivering our business suite of tools used by our staff to communicate and deliver our core services.
    • Microsoft Azure: is our primary partner delivering virtual machines and application services.
    • SWIFT Prepaid Solutions: is our primary partner for delivering payment services.
    • Amazon AWS: is our secondary partner for delivery virtual machines, application and payment distribution services.
    • MailChimp: is our primary partner for delivering marketing messages.
    • Insightly: is our CRM partner
    • FocusVision: is our secondary partner for providing web survey services.
    • MailGun: is a secondary provider of email distribution services.
    • GlobaLexicon: is our primary translation partner.
    • Google: we use google analytics to track user interactions with our marketing sites.
    • When we transfer your information to third party companies (e.g. analytics or web hosting vendors), we will ensure they maintain the same level of security as us.
    • We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy. Information about our group of companies can be found at www.reckner.com.
    • We may disclose your personal data to our professional advisers insofar as reasonably necessary for the purposes of managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
    • We may disclose your personal data IT service providers that we use.
    • We may disclose your personal data to our clients, suppliers or subcontractors e.g. survey partners insofar as reasonably necessary for the performance of a contract to which you are party.
    • We may engage an independent 3rd party contractor to assist in the analysis or collection of research data. Reckner will not engage a subcontractor unless they agree to abide by this Privacy Policy.
    • Financial transactions relating to our website and services are handled by our payment services providers, SWIFT Prepaid Solutions and Amazon AWS. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at http://www.swiftprepaid.com/support/privacy and https://aws.amazon.com/privacy/.
  5. Legal or Governmental Disclosure

    • We may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
    • In certain situations, we may be required to disclose you personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, upon receipt of a valid judicial instruction.
  6. What transfers of personal data outside the European Economic Area do we carry out?

    To achieve the purposes described in this Privacy Policy, we transfer your personal data to the following countries outside the European Economic Area ("Third countries") that are deemed to ensure an adequate level of protection under article 45 of the GDPR:
    The US

    • Standard data protection clauses adopted by the EU Commission under article 46 paragraph 2 of the GDPR and
    • EU-U.S. Privacy Shield for transfers to entities located in the United States
    • In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, J. Reckner Associates, Inc. remains liable.
  7. Third-party websites

    The website may be linked to third-party websites. Linked sites hosted by third parties, including sites belonging to our affiliates, are outside our control and we do not therefore assume any responsibility for the data protection practices applied by those third parties. The website also uses software components like plug-ins from social and other networks, such as Facebook, LinkedIn and YouTube. The plug-ins are identifiable by a logo or an additional "Like" button (Facebook). Whenever you visit websites using this type of plug-in, your browser will automatically create a direct connection to the networks' servers, sending the contents of the plug-ins to your browser and then integrating them into the website. As a result, the information that you visited our website will be forwarded to the relevant network. If you click the "Like" button, the information will be transferred directly to Facebook and stored there. The data privacy policies of those networks provide further information on the purpose and scope of their collection, processing and use of data, on your rights and on settings which may help you protect your privacy.

  8. What are your rights as regards our processing of your personal data, how can you exercise them and how you can you contact us?

    You have the right:

    • to be provided with a copy of any personal data that we hold about you, with certain related information;
    • to require us to update or correct any inaccurate personal data, or complete any incomplete personal data;
    • to require that we stop processing your personal data for direct marketing purposes.

    You also have the right, in certain circumstances:

    • to object to the processing of your personal data;
    • to require us to delete your personal data;
    • to "restrict" our processing of your personal data, so that it can only continue subject to very tight restrictions; and
    • to require personal data which you have provided to us, and which are processed based on your consent or the performance of a contract between you and us, to be "ported" to you or to any recipient designated by you.

    If you wish to exercise any of your above rights to information, correction, deletion of data, restriction of data processing, rights to objection, to have your data transferred or processing of your data blocked, you can contact us as follows:

    J. Reckner Associates, Inc.
    1600 Manor Dr
    Chalfont, PA 18914
    United States of America
    privacy@reckner.com

    Please specify clearly which information you would like us to review or amend.

    • In accordance with article 77 of the GDPR you will continue to have a right to lodge a complaint with the relevant supervisory authority (in particular in the Member State of your habitual residence, place of work or place of the alleged infringement) if you are of the opinion that any of your personal data is processed in a manner constituting an infringement of the GDPR.

    Please specify clearly which information you would like us to review or amend. If you are unhappy with how we deal with your complaint, or the outcome, you may invoke binding arbitration or refer your complaint to a data panel.

  9. Additional Rights

    • If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, you can also submit your complaint to PrivacyTrust, an independent third party. Visit privacytrust.com/drs/reckner to file a complaint.
    • Finally, as a last resort and in limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.In accordance with article 77 of the GDPR you will continue to have a right to lodge a complaint with the relevant supervisory authority (in particular in the Member State of your habitual residence, place of work or place of the alleged infringement) if you are of the opinion that any of your personal data is processed in a manner constituting an infringement of the GDPR.
  10. Retention periods

    Your personal data will only be kept for as long as we reasonably consider necessary for achieving the purposes set out under Point B above and as is permissible under applicable law. We will, in any case, retain your personal data for as long as there are statutory retention obligations or potential legal claims are not yet time-barred.

  11. Our contact details

    This website is owned and operated by:

    J. Reckner Associates, Inc.
    1600 Manor Dr
    Chalfont, PA 18914
    United States of America
    privacy@reckner.com

  12. Changes to this Privacy Policy

    We may update this policy from time to time by publishing a new version on our website. Therefore, you should check this page occasionally to ensure you are happy with any changes to this policy. We may notify you significant changes to this policy by email.

  13. Applicable law

    This policy is governed by and shall be construed in accordance with the GDPR, the laws of the U.S. and any other applicable laws in the European Union. As a U.S. based company, we are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

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