Privacy Policy

Last updated on: March 22, 2023

This privacy policy (this “Privacy Policy”) is issued by Herbstreith & Fox, Inc. (“H&F”, “We”, or “Us”). This Privacy Policy governs the processing by H&F of information through its website www.usa.h-f.group (the “Website”) that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“you”), or as otherwise defined in the state privacy laws applicable to you (“Personal Information”). Personal Information does not include other information from or about you (e.g., consumer information that is deidentified or aggregate consumer information).

This Privacy Policy describes (i) the types of Personal Information we collect and process, (ii) our methods of collection, (iii) the purposes of collection, disclosure and processing of such Personal Information, (iv) to whom we disclose such Personal Information, (vi) the management of such Personal Information by you and (vii) all other information relating to Personal Information that may be relevant to you.

This Privacy Policy is directed to residents of the United States only. If you are not a resident of the United States, please visit these pages for the privacy policy that may be applicable to you https://www.h-f.group/en/privacy-policy. If you are a resident of California, Virginia, or Nevada, please refer to our Supplemental State-Specific Privacy Notice at https://usa.h-f.group/state-specific-privacy-notice as you may be entitled to additional rights. The terms of such Supplemental State-Specific Privacy Notice are incorporated herein by reference.

If you have any questions about this Privacy Policy and the practices described hereunder, please contact us as set forth under “Contact Information” below. If you do not agree with any of the terms of this Privacy Policy, please do not use the Website nor provide any Personal Information to us.

At the top of this Privacy Policy, you can see when this Privacy Policy has been last updated. As our business practices evolve and new legislations relating to data privacy may be enacted, we may update this Privacy Policy from time to time. Please review this Privacy Policy whenever you visit the Website so that you know the terms that apply to you at that time. Continued use of the Website following such changes constitutes the acceptance of those changes. In case of significant modifications as to how we treat our users’ Personal Information, we will inform you through a general notice on the Website’s homepage (e.g., pop-up window prior to entering the Website)

The Website is not intended for individuals under the age of 18. No one under the age of 18 may provide any Personal Information to us on the Website. H&F will not knowingly collect any Personal Information from such individuals without prior parental consent. If you are under 18, do not use the Website or provide any Personal Information to us on the Website. If we learn that we have collected or received Personal Information from individuals below the age of 18 without verified parental consent, we will delete such information. If you believe we might have any Personal Information from or about an individual below the age of 18, please contact us at usa@herbstreith-fox.com.

We do not intend to collect sensitive Personal Information from the Website’s visitors. Please do not enter any sensitive Personal Information on the Website (see examples of such sensitive Personal Information here https://usa.h-f.group/state-specific-privacy-notice). If you inadvertently entered sensitive Personal Information on our contact form, please contact us so we can delete such sensitive Personal Information. See “Contact Information” below for our contact information.

Please read this privacy policy carefully as it will help you make informed decisions about sharing your Personal Information with us.

1. An Overview of Data Collection

Which Personal Information do we collect from you?

H&F collects the following categories of Personal Information:

• Personal and contact details (for example, name, company and email address); and
• Other information that you voluntarily enter on the Website’s contact form.

Certain state laws deem IP addresses as Personal Information. As mentioned under (ii) of the Section “How do we collect your Personal Information?”, the IP addresses that we collect are anonymized.

How do we collect your Personal Information?

i. Personal Information directly provided by you

We obtain or receive Personal Information directly from you if you fill out our contact form on the Website (i.e., as part of your correspondence with us).

ii. Personal Information we receive indirectly (through automatic data collection tools)

We may use cookies and automatic data collection technologies to collect certain information about you. For more information on cookies, please see “3. Cookies” below. However, all such information (including but not limited to IP addresses) is anonymized and de-identified.

For which purposes do we collect your Personal Information?

H&F processes information we collect from you on the Website (including Personal Information) for the following purposes:

• Customer service, communication purposes. For the performance of customer service and to respond to your inquiries or requests;
• Quality and management purposes. To monitor, improve and analyze the quality and use of our Website, services, processes, and systems; to inform our management and perform internal reviews; and
• Legislation and regulation. To identify and counter fraud, perform audits, ensure safety within H&F and comply with orders of a court, law enforcement, government authorities, applicable laws, rules, and regulations.

To whom do we disclose your Personal Information?

H&F does not disclose your Personal Information to third parties. Note that the companies in the H&F group may disclose Personal Information to each other and process such disclosed Personal Information.

However, we may disclose your Personal Information, if we believe doing so is required or appropriate: (i) to comply with federal, state, or local laws, or comply with a court order or subpoena to provide information; (ii) to comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities; (iii) to cooperate with law enforcement agencies concerning conduct or activity that the business, service provider, or third party reasonably and in good faith believes may violate federal, state, or local law; (iv) to cooperate with a government agency request for emergency access to a consumer’s personal information if a natural person is at risk or danger of death or serious physical injury, (v) to exercise or defend legal claims; (v) to respond to your requests; (vi) to protect yours, ours or others’ rights, property or safety; (vii) to enforce H&F policies or contracts; (viii) to collect amounts owed to H&F; (ix) to comply with records retention policies, if any; (x) when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (xi) if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable.

How do we protect your Personal Information?

We have implemented both technical and organizational measures designed to protect your Personal Information against accidental loss, theft and unauthorized access. Examples are the use of firewalls and encryption.

We strive to continually improve our security measures in case of technological advances and developments. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the Website or to us via electronic communication. Any transmission of Personal Information is at your own risk. We are not responsible for any circumvention of any privacy settings or security measures contained on the Website.

How long does H&F store/retain your Personal Information?

H&F will retain your Personal Information for as long as reasonably necessary and proportionate to the original purpose for collecting and processing it. We will delete or de-identify your Personal Information when your Personal Information is no longer necessary for such purpose. But we may also need to store your Personal Information to fulfill a legal obligation or to resolve disputes.

How long we keep Personal Information can vary widely depending on the context of your transactions with H&F, the services we offer and our legal obligations in the jurisdiction where H&F is processing your Personal Information. The following criteria are often used to determine the retention period: the nature of the Personal Information, the context in which the Personal Information has been collected, the consequences for you and the existence of appropriate safeguards (such as pseudonymization).

2. Rights regarding your Personal Information

Depending on your place of residence in the U.S., certain state data protection laws and regulations grant you certain rights regarding your Personal Information. For more information on such rights you may be entitled to and how you can exercise them, please see our Supplemental State-Specific Privacy Notice https://usa.h-f.group/state-specific-privacy-notice.

3. Cookies

We use cookies (the “Cookies”) on our Website. Cookies are text or image data files that are placed or saved on the internet browser of the user’s computer system. They contain a string of characters that enables the browser or mobile device to be uniquely identified when the user visits the Website again. The purpose of the use of Cookies is to simplify the use of the Website for the Website’s visitors. All the information collected on our Website through Cookies is anonymized and de-identified.

On the one hand, we use technically essential Cookies which are necessary to run the Website. On the other hand, we use Cookies for the analysis of the behavior of the Website’s visitors on our Website to measure our reach in the market. We use the following analytical Cookies and services on the Website:

Cookie name	Provider of Cookie	Description	Cookie expiry period
Google Analytics (_ga,_gat,_gid)	Google Ireland Limited	Cookie by Google used for website analytics. Generates statistical data on how the visitor uses the website.	2 years

Managing Your Use of Cookies

You can prevent cookies by selecting the appropriate settings in your browser or managing your preferences via the pop-up window prior to entering the homepage. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of the Website, particularly if certain technically essential Cookies are deactivated. You can also prevent the data generated by Cookies about your use of the Website (incl. your anonymized IP address) from being passed to Google, and the processing of these data by Google, by using a browser plug-in (e.g., https://tools.google.com/dlpage/gaoptout?hl=en). Note, however, that H&F will not be responsible for your use of any tools or software (e.g., plug-ins) made available by third parties.

4. Supplemental State-Specific Privacy Notice                                                                       

We may choose or be required by the applicable state privacy laws to provide different or additional disclosures relating to the processing of Personal Information about residents of certain states. For residents of the States of California, Virginia, or Nevada, please review our Supplemental State-Specific Privacy Notice accessible at https://usa.h-f.group/state-specific-privacy-notice.

5. Contact Information

To ask questions about or comment on this Privacy Policy or if you need to access this Privacy Policy in an alternative format due to having a disability, please contact us at:

Herbstreith & Fox, Inc.

Email:                                  usa@herbstreith-fox.com;

Online contact form:     https://usa.h-f.group/contact;

Phone:                                 914-345-9501 (toll-free);

Postal Address:                570 Taxter Road, Elmsford, NY 10523.