PRIVACY POLICY

Barkley is committed to safeguarding your privacy on its World Wide web sites.

What this privacy policy covers.

Barkley’s web sites located at the domains www.barkleyUS.com, www.beap.com, microsites that Barkley may create in the future, and extranet sites that Barkley
has now or may create or use in the future (the “web sites”).

What this privacy policy does not cover.

This privacy policy does not apply to products or services provided, or information obtained, other than through the web sites, nor does this privacy policy apply to the practices of companies that Barkley does not own or control, or to people that Barkley does not employ or manage.

Changes in this privacy policy.

Please read the following policy to understand how your information will be treated. Barkley may change this policy from time to time so please check back periodically. Please keep in mind that some of the services mentioned specifically in this policy may not be available on the web sites at this time. If you have questions concerning this policy, please contact legal@barkleyUS.com. This Privacy Policy is effective when posted on web sites.

Who is collecting information?

When you are on Barkley’s web sites and are asked for personal information, you are sharing that information with Barkley and its affiliates and service providers. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular service.

Please be aware that other web sites to which we may link may collect personally identifiable information about you when you visit those web sites. The information practices of other web sites linked to or from our web sites are not covered by this privacy policy, and Barkley is not responsible for the activities, policies, or conduct of such sites. For information concerning the policies of such sites, you should review the privacy policies posted on those sites.

What information does Barkley collect from you?

Barkley collects or may in the future collect the following categories of personally identifiable information through the web sites: your name (or company name), address, phone, email address, username, and password.

If you register at any of our web sites, you will no longer be anonymous to Barkley and you will be able to take better advantage of our services. We reserve the right to ask you for your Barkley account information or a Barkley account number.

We may ask you for information at other times, such as when you report a problem with our web sites or services, or contact the company via the corporate or other e-mail addresses provided at the web sites. If you contact Barkley, we may keep a record of that correspondence.

Barkley reserves the right to collect the following additional personally identifiable information from you via the web sites or via other means or methods:

1. Information necessary to install and use any new features we add to the web sites;
2. Additional personal and company information if you become a customer or client of Barkley;
3. Pertinent payment and financial information, such as credit card information, bank account information, or other information necessary to effect payment for our services if you become a customer or client of Barkley;
4. Your Barkley account number;
5. Such other information as may be necessary or useful for us to serve you.

If you believe that any inaccurate or inappropriate information has been obtained or disseminated through your use of the web sites, you should contact a representative of Barkley at legal@barkleyUS.com.

How does Barkley use the information?

Barkley’s primary goal in collecting information is to improve the web sites and provide the user with the best possible experience on the web site.

Barkley will also use your personal information to notify you of other products or services available from Barkley and its affiliates.

Barkley may research its users’ demographics and behavior based on the information provided to us upon registration, gathered from transaction activity, from our server log files or from surveys. This research may be compiled, analyzed or sold on an aggregated basis, which does not include information identifying individual users. Barkley also may share this aggregated data with business partners or other third parties.

Barkley may also use your information in the ways stated immediately below under “With whom does Barkley share your information?”

With whom does Barkley share your information?

1. Personally Identifiable or Account Information. Barkley may provide your personally identifiable information and account information to third parties under the following circumstances or for the following purposes:
   1. Barkley may provide such information for the purpose of processing that information on behalf of Barkley. Such disclosure is made to Barkley’s affiliates and trusted business partners or persons, and Barkley asks that such parties process the information only in accordance with Barkley’s instructions and maintain appropriate confidentiality and security measures.
   2. Barkley may provide such information for use in website hosting, packaging and mailing, order fulfillment, answering customer questions about products or services, sending postal mail, providing investor information and processing data. Such disclosure is made to companies who may provide such services to Barkley. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
   3. Barkley may provide such information when Barkley has reason to believe that disclosing such information is necessary to identify, contact or bring legal action against someone who may be violating Barkley’s Terms of Service, or may otherwise be causing injury to or interference with (either intentionally or unintentionally) Barkley’s rights or property, other Barkley web site users or customers, or anyone else who could be harmed by such activities.
   4. Barkley may provide such information when Barkley believes in good faith that the law requires it, or for administrative and other purposes that we deem necessary to maintain, service and improve our products and services.
   5. Barkley may provide such information in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
   6. Barkley may provide such information when Barkley believes it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Barkley’s terms of use, or as otherwise required by law.
   7. Barkley may provide such information if Barkley acquires, or is acquired by or merged with another company, or if Barkley sells or buys the assets of another person or company. In such transactions, confidential and personally identifiable customer or client information generally is one of the transferred business assets. In the event of a transaction involving the sale of some or all of Barkley businesses, customer and site visitor information may be one of the
      transferred assets.
2. Data in the Aggregate. Barkley may disclose blinded aggregated data and user statistics to prospective partners and other third parties, as well as to others for lawful purposes. Blinded data is data which does not identify an individual person.

What are cookies and how does Barkley use them?

As part of offering and providing customizable and personalized services, many web sites use cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. We may use cookies to allow faster and easier access to your account information, monitor traffic on the web sites, and measure traffic patterns to improve functionality. Barkley web pages may in the future contain electronic images known as web beacons (sometimes called clear gifs or web bugs) or other advanced technologies that are useful in the provision of services to you. We may use such devices to verify compliance with our terms of service or in connection with any promotions on the web sites.

How can I control my personal information?

You may contact us at legal@barkleyUS.com if you wish to view, edit or delete your personal information from our database, and we will use commercially reasonable efforts to accommodate your request. Moreover, as noted above, if you do not want your data to be shared, you can choose not to allow the transfer by not using that particular service.

Does Barkley protect financial information collected on its web sites?

Barkley does not presently collect financial information via its web sites; however, as stated above, it reserves the right to do so in the future.

Security precautions to protect the loss, misuse or alteration of your information.

Your Barkley Account Information and Barkley Profile are password-protected; however, Barkley does not presently use encryption technology for passwords, registration, or other information.

We strongly recommend that you sign out of your Barkley account and close your browser window when you have finished your work or viewing of Barkley’s web sites. This is to ensure that others cannot access your account by using your computer when you are away from it.

Because of the global nature of the World Wide Web and the Internet, when you give us information, that information may be sent electronically to servers outside of the country where you originally entered the information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Since Barkley web sites do not use security encryption measures, information that you disclose by use of this site (as with any site that is non-secure), by posting a message or using e-mail, potentially could be collected and used by others. This may result in unsolicited messages from third parties or use of such information by third parties for their own purposes, legal or illegal.

As a result, although Barkley strives to protect your personal information, Barkley cannot ensure or warrant the security of any information you transmit to us or from our services, and you do so at your own risk. Once we receive your transmission, we use reasonable efforts to ensure its security on our systems.

What else should I know about my privacy?

Please keep in mind that whenever you voluntarily disclose information online, that information is accessible to other customers and users. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you are online.

When you or Barkley end your customer relationship with us, we will treat the information we have about you as if you were still our customer.

Questions and Suggestions

If you have questions or suggestions, please contact us at legal@barkleyUS.com.