Last Updated: January 14, 2019
Berlitz Corporation, a Corporation registered in New York under the number 1382993, with headquarters located at 7 Roszel Road, Princeton, New Jersey 08540, United States (“Berlitz” or “we”) has drafted this Privacy and Cookies Policy (the “Policy”) to let you know what kind of information we collect, how it is handled, and with whom it may be shared.
This Policy applies only to the processing of personal information carried out by Berlitz Corporation as a data controller, including on the Berlitz.com website and other related websites we have linked to this Policy. Processing by other affiliated entities or third parties may be governed by separate privacy policies, and we recommend that you review the privacy policies of those entities.
We are committed to handling your personal information in accordance with this Policy, the General Data Protection Regulation (“GDPR”), and other applicable data protection and privacy laws.
Please direct any comments or concerns you may have about this Policy to the contacts listed in the “How Can You Contact Us?” section below.
Information We Collect and How We Use It – Personal Information
We collect various types of “personal information” depending upon how you use our websites, such as:
|Purpose of the Processing||Legal Basis|
|Recording website visits in a log file||Our legitimate interest, which is the proper functioning of our commercial activity|
|Processing orders (including collecting payment and sending invoices)||Performance of our agreement with you|
|Delivering products/services||Performance of our agreement with you|
|Managing customer purchases and accounts||Our legitimate interest, which is the proper functioning of our commercial activity|
|Responding to inquiries||Our legitimate interest, which is the proper functioning of our commercial activity|
|Facilitating recruitment purposes||Our legitimate interests, which is the proper functioning of our commercial activity.|
|Scheduling appointments||Our legitimate interest, which is the proper functioning of our commercial activity|
|Administrating contests and surveys||Your consent|
|Sending marketing materials (including offers and other information we feel may be of interest to you)||Your consent|
|Processing job applications and human resources data for purposes of administration and communication, and to comply with labor law requirements||Our legitimate interest, which is the proper functioning of our commercial activity|
We believe the risk to your data protection rights in connection with personal information that we process on the basis of our legitimate interests is not excessive or overly intrusive. If you choose not to give us personal information we may not be able to provide you with any products or services you may request or require, or enter into a contract with you.
Purpose of the Processing
Applicable Retention Period
Recording website visits in a log file
7 days, unless it is required for the clarification of or as evidence for specific infringements which have emerged during the retention period.
Processing orders (including collecting payment and sending invoices)
10 years after completion of the order
5 years after completion of the order
Responding to inquiries
3 years after the inquiries is closed
Managing customer purchases and accounts
5 years after closure of the account
Administering contests and surveys
5 year after the end of the contests or survey
Sending marketing materials (including offers and other information we feel may be of interest to you)
3 years after the end of our commercial relationship
Processing job applications and human resources data for purposes of administration and communication, and to comply with labor law requirements
10 years after any employment relationship ceases, or 5 years after a final decision has been made to not hire a job candidate
While we continue to process your personal information, we will ensure that it is processed in accordance with this Policy. Otherwise, we securely erase or anonymize your personal information once it is no longer needed.
When you use our websites, we may also collect information that, by itself, cannot be used to directly identify or contact you, such as demographic information or technical information. Such information may also include information that you provide us through your use of our websites, such as the terms you enter into the search functions of our websites. We use such information to analyze how our websites are being used, and to improve the content on our websites.
Except as specifically set forth in this Policy, we do not share your personal information with any non-affiliated third party without your permission. We may disclose aggregate information, such as demographic information, and our statistical analyses to third parties, including advertisers or other business partners. This aggregate information does not include your personal information. We may, however, share your personal information with certain entities that control us, are controlled by us, or are under common control with us (our “Affiliates”), and websites operated by our Affiliates. We require that our Affiliates agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures. As of July 11, 2018, these Affiliates include the following entities:
Berlitz Deutschland GmbH
Berlitz Languages, Inc.
Berlitz Investment Corporation
Berlitz Publishing Company, Inc.
Berlitz Franchising Corporation
ELS Educational Services, Inc. (ELS)
World Wide Speaking SARL (World Speaking)
Second Language Testing, Inc. (SLTI)
Training Management Corporation (TMC)
Service Providers and Third Parties
We may team with a marketing agency or another website to conduct a sweepstakes or other event. In this case, each of the participating third parties may collect or receive personal information from you if you provide information directly to them. Therefore, you should refer to their privacy policies to understand how they handle your information and what kinds of choices you have.
Berlitz may also share your personal information with outside companies that perform services for Berlitz. For example, we may retain an outside company to manage a database containing certain customer information, to create and distribute an email offering, or to process and respond to your inquiries and requests. When we work with an outside party, we require that these parties agree to process your personal information based on our instructions and in compliance with this Policy. We will take appropriate steps designed to ensure your information will be used solely to provide the services requested by us, and not for other purposes. It is our policy to neither disclose personal information, nor to sell such information to third parties for direct marketing purposes.
Additionally, Berlitz may share your personal information in response to subpoenas, court orders, or other lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose personal information in order to enforce or apply our rights and agreements, or when we believe in good faith that disclosing this information is necessary or advisable, including, for example, to protect the rights, property, or safety of our businesses, our websites, our customers, our users, or others, as permitted under the applicable laws, or as otherwise required by law or by government and regulatory entities. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
Is My Information Secure?
Berlitz is committed to doing its best to maintain the security of information collected on our websites. To try to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have implemented physical, electronic, and managerial procedures to safeguard and secure the information we collect.
Despite the efforts we take to safeguard and secure information, there is always some risk in transmitting information electronically. As we deem appropriate, we use security measures consistent with industry standards.
The following section explains rights that you may exercise (where available under applicable law). The various rights are not absolute, and each is subject to certain exceptions:
You may contact us any time at firstname.lastname@example.org to exercise these rights. Please note that data which cannot be used to identify you, e.g., data that has been anonymized for analysis purposes, is not affected by the above rights.
It currently is our policy not to knowingly collect personal information from any person under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at email@example.com. If we become aware that a child under 13 has provided us with personal information, we will endeavor to delete such information from our files as soon as possible.
If you are under 18 years of age and live in California, you have the right to request removal of content posted by you on our websites. Upon receipt of a fully completed removal request, we will use commercially reasonable efforts to remove content posted by you from our websites. Any such request does not ensure complete or comprehensive removal of your posted content. For example, your posted content may continue to appear on Berlitz’ websites if it has been reposted by others or was independently posted by a third party, was posted by you anonymously, or if you were compensated for providing the content. Additionally, while Berlitz will remove the content you posted from our websites, it may continue to be stored on our servers (although it will not be visible to other users of our websites). You must complete the removal request form accurately and in its entirety in order for the request to be processed.
California Minor Removal Request
If you are a user under the age of 18 and reside in California, and you wish for your published content to be removed from Berlitz’ websites, please provide Berlitz’ agent listed below with the following information in a written notice:
1. Confirmation that you are currently a legal resident of the state of California;
2. Confirmation that you are under the age of 18 by providing your birthday;
3. Describe the exact content that you are seeking to have removed (please provide a URL if possible);
4. Provide your full name; and
5. Provide your email address.
Berlitz’ designated agent for California Minor Removal Requests can be reached as follows:
Service Provider: Berlitz Languages, Inc.
Name of Agent of Request: Tim Jordan
By mail: 7 Roszel Road, Princeton, NJ 08540
By fax: (609) 524-9870
Email: firstname.lastname@example.org (please add “California Minor Removal Request” to the subject line)
If you are located outside the U.S., please note that you may be transferring your personal information to a country that does not have the same data protection laws as your home country. For personal information received from the European Union, European Economic Area, or Switzerland, Berlitz (including its Affiliates listed in the “Affiliated Parties” section above) is committed to handling your personal information in accordance with this Policy and the EU-U.S. Privacy Shield (or the Swiss-U.S. Privacy Shield, as the case may be), as administered by the U.S. Department of Commerce. If there is any conflict between the terms of this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the EU-U.S. and Swiss-U.S. Privacy Shield frameworks, and to view the certification of Berlitz Languages, Inc., please click here.
Berlitz’ accountability for personal information that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Berlitz remains responsible and liable under the Privacy Shield Principles if third parties engaged by Berlitz process the personal information in a manner inconsistent with the Principles, unless Berlitz proves that it is not responsible for the event giving rise to the damage.
How Can You Contact Us?
Please direct any comments or concerns you may have about this Policy to the contacts listed below:
The responsible body for the processing of personal data within the scope of this website and in accordance with the provisions of the General Data Protection Regulation (GDPR) is:
7 Roszel Road
Princeton, NJ 08540
Tel.: +01 609-246-5460
The following is the European representative for the above U.S.-based responsible party:
Berlitz Deutschland GmbH
60528 Frankfurt am Main
Tel.: +49 (0)69 666 08 90
Our data protection officer is:
Henning Strahl, email: email@example.com
Complaints will be resolved internally in accordance with Berlitz’ complaints procedures. If you live in the European Union, European Economic Area, or Switzerland and efforts to resolve the matter internally are unsatisfactory, the complaint may be submitted to the American Arbitration Association (click here), which has been selected as the independent recourse mechanism to resolve complaints and disputes relating to treatment of data originating in the European Union, European Economic Area, or Switzerland under this Policy. Berlitz is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
If you are a past or present employee of Berlitz in the European Union, European Economic Area, or Switzerland, Berlitz has also chosen to cooperate with and comply with the advice of EU data protection authorities (DPAs) in relation to such unresolved complaints (as further described in the Privacy Shield Principles). Please contact us to be directed to the relevant DPA contacts. As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means.
Except for technical cookies, the storing of cookies on your device requires consent. By continuing to browse our websites after having seen the cookies banner displayed on the home page, you consent to the storing of cookies on your device. This consent is valid for a period of 13 months.
Required cookies enable you to move from page to page and to use features on our websites while your browser remains open. For example, required cookies allow you to add products to your shopping cart and carry the contents of your cart to checkout.
Functional cookies last from visit to visit. For example, functional cookies may be used to recognize you as a previous visitor to provide a more personalized experience. They are stored in your computer, device, or browser until you choose to delete them.
Analytics and performance cookies allow us to collect data concerning the websites, including the number of visitors, where the visitors have come from, and the length of time visitors spend on the websites, which allows us or third-party service providers to analyze how our websites are used and how our websites are performing. We use Google Analytics which is a service of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, United States, for analytics and performance tracking, and you can learn more about their privacy policies and how to opt-out of their cookies by clicking on the link below:
Google Analytics: http://www.google.com/analytics/learn/privacy.html.
For the provision of its services, Google uses certain cookies and transfers the information generated by such cookies to a Google server in the United States where the information is stored. We use the stored information to analyze your use of our websites, to prepare reports on website activities for website operators, and to provide additional services in connection with the use of our websites. We process such information with your consent. You can object to the collection of your personal information at any time with future effect by applying the Google Analytics deactivation add-on for browsers at: http://tools.google.com/dlpage/gaoptout?hl=de. We would like to point out that this website uses Google Analytics with the “anonymizeIp()” expansion. This means that IP addresses are generally truncated prior to being transferred to the United States, making direct personal identification improbable.
Our websites also use “social buttons” for third party social media sites to enable visitors to share or bookmark web pages. We provide social buttons to the following social media sites, and you can learn more about their privacy policies and how to opt-out of their cookies by clicking on the appropriate link below:
The majority of web browsers accept cookies and similar files, but you can usually change your browser settings to prevent this. If for any reason you decide that you do not like our use of certain cookies, you can simply change your settings. However, if you do so, some functionality of our websites may be lost.
The setting of each browser is different. It is described in the browser’s help menu.
» Internet Explorer: https://support.microsoft.com/en-us/products/windows?os=windows-7
» Google Chrome: https://support.google.com/chrome/answer/95647?hl=en
Then select “always block cookies”.
As we continue to develop our websites, and take advantage of technologies to improve the services we offer, this Policy will likely change. We encourage you to refer to this Policy on an ongoing basis, so that you understand our current Policy. This Policy was last updated July 16, 2018.