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BENJAMIN HARDY, LLC PRIVACY POLICY

Please read this Privacy Policy carefully.

BENJAMIN HARDY, LLC (“Company”, “we”, “us”, and “our”), is committed to ensuring the security and protection of the personal information that we collect.  This Privacy Policy includes (a) our products or services and processes, which may result in the collection of personal data; (b) the purpose for processing personal data; (c) the persons or entities with whom we share personal data; and (d) how long we maintain personal data. This Privacy Policy applies to:

  •  All information we collect through the products, events, promotions, surveys, contests and all other services (collectively, the “Services”) provided on our websites, applications and platforms, including mobile websites, applications and platforms, any affiliated or non-affiliated third party sites, and all social media platforms (collectively, the “Sites”); and
  •  All current, potential and former employees, users, independent contractors, vendors, third parties and/or any other person whose personal data we have collected electronically, in person or otherwise.

Special Note: The Sites are general audience sites and are not designed or intended to target children younger than 16. We do not knowingly target or collect personal information from any person younger than 16.

What Information Do We Collect?

Information We Collect Automatically.  If you use the Sites, read or download information, your web or mobile browser may automatically send us your internet or other network activity including one or more of the following (collectively, “Network Information”):

  •  Your internet protocol (IP) address, registration date, and one or more cookies that may uniquely identify your browser;
  •  Your internet domain and the specific path, actions and navigation choices;
  •  The internet address of the site from which you linked the Sites, and the time and date you accessed the Sites;
  •  Your browsing history, search history, information on your interaction with the Sites or other websites and applications or advertisements; and
  •  Your browser software, operating system and browser language, and information about your location and mobile device, including a unique identifier for the mobile device.

Why We Collect: We collect this information for business and commercial purposes, including in order to:

  •  Maintain or analyze the functioning of the Sites or Services and to maintain network communications;
  •  Monitor and analyze web traffic and online behavior for search engine optimization and social media marketing;
  •  Host data files that enable the Sites to function, be distributed, and to provide specific features or parts of the Sites;
  •  To create, maintain, customize, secure, and manage your accounts with us, including for accounting, finance, and dispute resolution purposes (such as accounts receivable, accounts payable, account reconciliation, cash management, or money movement) and for consolidated management and reporting;
  •  To personalize your experience on the Sites and to deliver content and Services relevant to your interests and requests through our Sites (with your consent as required by law);
  •  To process your requests, purchases, transactions, and payments and to prevent financial fraud and other illicit activity;
  •  For testing, research analysis, and product development, including to develop and improve the Sites and Services;
  •  Initiate, assess, develop, maintain, or expand a business relationship, including negotiating, contracting, and fulfilling obligations under contracts;
  •  Manage a database of email information, phone information or other information and send transactional communications (such as requests for information, responses to requests for information, orders, confirmations, training, and service updates);
  •  Assure quality control and to enforce Company’s standards and policies;
  •  Manage security, including monitoring individuals with access to the Sites and Services, applications, systems, or facilities, investigation of threats, and as needed for any data security breach notification;
  •  Manage relationships with current and potential customers and for marketing purposes, including sending marketing, promotional, product and service, and customer communications and surveys and other communications to individuals who have not objected to receiving such communications;
  •  Anonymize or de-identify the personal information;
  •  View and incorporate content hosted on external sites;
  •  Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; and
  •  Process payment information and transactions.

Information You Give To Us and Information We Collect From Others.  If you use the Sites or Services, or you otherwise use or purchase our Services, we receive and store information you enter on the Sites, or that you give us in-person, via telephone, email, or otherwise. We may also collect personal information from third parties that operate (a) portions of the Sites and Services on our behalf or (b) independent websites. When we obtain personal data from third parties, we will treat the acquired information like the information that we collect ourselves. Depending on the Services we provide to customers and/or the services being provided to us by other third parties, we may collect (and over the previous 12 months have collected) the following information about you from you and/or others:

  •  Network Information;
  •  Personal information and identifiers, such as name, postal address, email address, telephone numbers, account name, social security number, driver’s license or state identification card number, passport number or other similar information, physical characteristics or description, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information (collectively, “Personal Information and Identifiers”);
  •  Protected classification information, such as race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), veteran or military status, sexual orientation or other similar information (collectively, “Protected Class Information”);
  •  Commercial information, such as the Services purchased, obtained or considered, or other purchasing or consuming histories (collectively, “Commercial Information”);
  •  Biometric and identifying information, such as fingerprints, faceprints, voiceprints, iris or retina scans, keystroke, gait or other physical patterns, and sleep, health or exercise data, genetic, physiological, behavioral and biological information or other similar information (collectively, “Biometric Information”);
  •  Sensory data, such as audio, electronic, visual, thermal, olfactory or similar information (collectively, “Sensory Information”);
  •  Geolocation data, such as physical location or movements (collectively, “Geolocation Information”);
  •  Professional or employment-related information, such as work history and job descriptions with current and prior employers (collectively, “Employment Information”);
  •  Education information, such as student financial information, grades, transcripts, class lists and other records related to a student maintained by an educational institution or party acting on its behalf (collectively, “Education Information”); and
  •  Inferences drawn from any of the personal information listed above to create a profile or summary, such as, for example, an individual’s preferences, abilities, aptitudes, predispositions, and characteristics (collectively “Profile Information”).

Why We Collect: We collect this information for business and commercial purposes, including in order to:

  •  To create, maintain, customize, secure, and manage your account with us, including for accounting, finance, and dispute resolution purposes (such as accounts receivable, accounts payable, account reconciliation, cash management, or money movement) and for consolidated management and reporting;
  •  To personalize your experience on the Sites and to deliver content and Services relevant to your interests and requests through our Sites (with your consent as required by law);
  •  To process your requests, purchases, transactions, and payments and to prevent financial fraud and other illicit activity;
  •  For testing, research analysis, and product development, including to develop and improve the Sites and Services;
  •  Initiate, assess, develop, maintain, or expand a business relationship, including negotiating, contracting, and fulfilling obligations under contracts;
  •  Perform due diligence regarding an individual’s qualifications and eligibility for the Services, including verifying the identity, qualification, authority, and creditworthiness of the individual and obtaining publicly-available information from third parties (such as publicly-available sanction lists from screening companies);
  •  Manage a database of email information, phone information or other information and send transactional communications (such as requests for information, responses to requests for information, orders, confirmations, training, and service updates);
  •  Assure quality control and to enforce Company’s standards and policies;
  •  Manage and mitigate risk, including for audit and insurance functions, and as needed to meet our obligations and to protect assets;
  •  Manage security, including monitoring individuals with access to the Sites, applications, systems, or facilities, investigation of threats, and as needed for any data security breach notification;
  •  Monitor and analyze web traffic and online behavior for search engine optimization and social media marketing;
  •  Host data files that enable the Sites and Services to function, be distributed, and to provide specific features or parts of the Sites and/or Services;
  •  Manage relationships with current and potential customers and for marketing purposes, including sending marketing, promotional, product and service, and customer communications and surveys and other communications to individuals who have not objected to receiving such communications;
  •  Anonymize or de-identify the personal information;
  •  View and incorporate content hosted on external sites;
  •  Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; and
  •  Process payment information and transactions.

How We Collect Information From Customers. Pursuant to our agreements with customers, and in order to perform and provide the Services thereunder, our customers may provide us with information about their clients, employees and contractors when using the Sites or Services.

How We Collect Information From Other Third Parties. We may use cookies to recognize you when you return to the Sites in order to provide you with a better user experience. We also allow our affiliates and third-party vendors to use cookies on our Sites; some of these parties may use cookies in ways that we do not. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log onto our Sites.

  •  Facebook, Instagram, & Google. Technologies like cookies, pixel tags, device or other identifiers and local storage are used to deliver, secure, and understand products, services, and ads, on and off Facebook, Instagram, Twitter, LinkedIn, YouTube, and related social media platforms. They also are used to gather information for remarketing to similar audiences on our Sites. Because of this, third-party vendors, including Google, show our ads on sites across the internet. This technology allows third-party vendors, including Google, to use cookies to serve ads based on someone’s past visits to our Sites. You may opt out of Google’s use of cookies by visiting Google’s Ads Settings. You may also opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.

Do We Share Information With Third Parties?

We take reasonable precautions to be sure that nonaffiliated third parties and affiliates, to whom we disclose your personally identifiable information are aware of this Privacy Policy and will treat the information in a similarly responsible manner. Our contracts and written agreements with nonaffiliated third parties that receive information from us about you prohibit those parties from transferring the information other than to provide the Services that you obtain from us.

Over the previous 12 months, we have shared the following categories of personal information with third parties: Personal Information and Identifiers, Protected Classification Information, Commercial Information, Biometric Information, Network Information, Sensory Information, Geolocation Information, Employment Information, Education Information, and Profile Information.

We will not disclose your personal information to third parties except to provide you with information or services you request, deliver our Services that include your personal information, or under certain circumstances as described in this Privacy Policy, including:

Your Consent. We may share personal data with your consent.

Disclosure For Legal Reasons. We may release personal data to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as a physical threat to you or others, a threat to homeland security, a threat to our system or network, or cases in which we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse, or illegal conduct. We may also disclose personal data where needed to affect the sale or transfer of business assets, to enforce our rights, protect our property, or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions.

Agents & Contractors. Our contractors sometimes have access to your personal data in the course of assisting in the operation of our business and providing Services to you. These contractors include vendors and suppliers that provide us with technology, services, and/or content for the operation and maintenance of the Sites and the Services. Access to your personal information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function. Contractors have an obligation under their contracts with us to keep your information confidential and to comply with our privacy and security policies.

Links To Other Sites. The Sites may contain links to other websites and resources located on servers maintained by third parties. These links are provided for your convenience and information only and, as such, you access them at your own risk. When you click on one of those links, we will not provide any personal information about you, but may let the site know that you came from the Sites. We do not control the privacy practices and policies of other sites. Please read their privacy policies in order to understand what information they collect about you and how they use it.

Aggregated, Non-Personal Information. We may share aggregated, non-personal information about you with third parties. This is information that is combined with the non-personal information of other users and does not allow you to be identified or contacted. Depending on the circumstances, we may or may not charge third parties for this aggregated information. We also may not limit the third parties' use of the aggregated information.

Changes In Our Corporate Structure. If all or part of the Company is merged, acquired or otherwise transferred to another entity, the personal data you have provided to us may be transferred as part of that transaction. We will take steps to ensure that any personal data that is transferred will not be used or shared in a manner inconsistent with this Privacy Policy, as it may be amended.

Do We Sell Your Personal Information?

No. Although the Company shares data with third parties as outlined in this Privacy Policy, the Company does not sell any of your personal information to any third party.

How and Where Do We Process and Store Data?

Methods of Processing. The data processing is carried out in accordance with our privacy procedures and policies and using computers and/or related software and IT tools. In some cases, the data may be accessible to certain types of (i) internal parties in charge or involved with the operation of our Sites and Services (i.e., administration, legal, sales and marketing, etc.) or (ii) external parties who assist us in providing, operating, and maintaining our Sites and Services, (i.e., third-party technical service providers, mail carriers, hosting providers, communications agencies, etc.). Still, we notify both internal and external parties of this Privacy Policy and require that internal parties (through employment agreements and related employment policies) and external parties (through written agreements) keep and maintain the data in accordance with the safeguards described in this Privacy Policy and related policies and procedures.

Third Party Processing. We assess and review each of our third party processers to ensure that they are in compliance with this Privacy Policy.

How Do We Protect Personal Data?

The Company protects data using administrative, technical, and physical safeguards.  When we use third-party service providers, we ask those providers to implement similar safeguards. However, we cannot guaranty that your information is completely secure either within the Company or on the systems of third party service providers.

How Long Do We Keep Your Personal Data?

We retain personal data we collect from you when we have an ongoing legitimate business need to do so (i.e., to provide you with the Services you have requested or to comply with applicable legal requirements). When we no longer have an ongoing legitimate business need to process your personal information, we will physically destroy, delete or anonymize it or, if this is not possible, then we will securely store your personal data and isolate it from any further processing until deletion is possible.

California Residents

If you are a resident of California, please read the California Privacy Notice for more information regarding your privacy protections and privacy rights pursuant to the California Consumer Privacy Act of 2018, as amended.

How To Contact Us

If you have any questions regarding this Privacy Policy or exercising any of your privacy rights, please contact us at the telephone number, email address or mailing address listed below:

 

Email Address: [email protected]

Mailing Address: 462 E 800 N, Orem, Utah 84097

Changes To This Privacy Policy

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will give notice to you via (i) the Sites or (ii), where feasible, and at our discretion, contact information available to us. We encourage you to periodically review this Privacy Policy so as to remain informed on how we are protecting your information.

 

CALIFORNIA PRIVACY NOTICE UNDER THE

CALIFORNIA CONSUMER PRIVACY ACT (CCPA)

 

EFFECTIVE DATE: December 26th, 2024

 

Please read this Privacy Notice carefully.

 

THIS CALIFORNIA PRIVACY NOTICE SUPPLEMENTS OUR GENERAL PRIVACY POLICY AND ONLY APPLIES TO USERS WHO ARE RESIDENTS OF THE STATE OF CALIFORNIA AND  WHO EITHER (A) RECEIVE SERVICES DIRECTLY FROM BENJAMIN HARDY, LLC (“COMPANY,” “WE,” or “US”) OR (B) ARE USERS OF THE SITES.

 

This California Privacy Notice has been adopted to comply with the California Consumer Privacy Act of 2018, as amended (together with all applicable regulations, “CCPA”), and terms defined in the CCPA have the same meaning when used in this Notice, unless those terms have been otherwise defined in the general Privacy Policy. Accordingly, this Privacy Notice should be reviewed in conjunction with our general Privacy Policy.

 

What Information Do We Collect and Disclose?

 

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, we have collected the following categories of Personal Information from consumers within the last twelve (12) months:

 

Category

Examples

Collected

A. Personal Information and Identifiers.

Real name, postal address, email address, telephone numbers, account name, social security number, driver’s license or state identification card number, passport number or other similar information, physical characteristics or description, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

 

NO

B. Protected Class Information

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

NO

C. Commercial Information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

NO

D. Biometric Information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

E. Internet and Network Information.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

NO

F. Geolocation Information.

Physical location or movements.

NO

G. Sensory Information.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

H. Employment Information.

Current or past job history or performance evaluations.

NO

I. Non-Public Education Information

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

J. Profile Information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

 

Please Note: Personal information, as defined by the CCPA, does not include publicly available information from government records, de-identified or aggregated consumer information, or information excluded from the CCPA’s scope, such as (i) health or medical information covered by the Health Insurance Portability and Accountability Act and the California Confidentiality of Medical Information Act or clinical trial data, and (ii) Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act, the Gramm-Leach-Blilely Act, the California Financial Information Privacy Act, and the Driver’s Privacy Protection Act of 1994, among others. Accordingly, this Privacy Notice is not applicable to foregoing information.

 

How Do We Collect Information? We collect this information from you through information you submit to us or input onto the Sites or through passive means, such as website cookies. We also collect information from third parties, including our customers, service providers and vendors, auditors, and advisors, as applicable and necessary. For more information regarding our data collection practices please read our general Privacy Policy.

 

How and Where Do We Process and Store Data?

 

Methods of Processing. The data processing is carried out in accordance with our privacy procedures and policies and using computers and/or related software and IT tools. In some cases, the data may be accessible to certain types of (i) internal parties in charge or involved with the operation of our Sites and Services (i.e., administration, legal, sales and marketing, etc.) or (ii) external parties who assist us in providing, operating, and maintaining our Sites and Services, (i.e., third-party technical service providers, mail carriers, hosting providers, communications agencies). Still, we notify both internal and external parties of this Privacy Notice and require that internal parties (through employment agreements and related employment policies) and external parties (through written agreements) keep and maintain the data in accordance with the safeguards described in this Privacy Notice and related policies and procedures.

 

Third Party Processing. We assess and review each of our third party processers to ensure that they are in compliance with this Privacy Notice.

 

Why Do We Collect and Process Information? We collect and process Personal Information for business and commercial purposes. To learn more about why we collect and process information, please review our general Privacy Policy.

 

Do We Share Information With Third Parties? Yes. We take reasonable precautions to be sure that affiliates and non-affiliated third party service providers, to whom we disclose your personally identifiable information are aware of our privacy policies and will treat the information in a similarly responsible manner. Our contracts and written agreements with non-affiliated third party service providers that receive information from us about you prohibit those parties from transferring the information other than to provide the Services that you obtain from us. To learn more about why we share information with third parties please see our general Privacy Policy.

 

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose:

 

Category A:  Personal Information and Identifiers.
Category B:  Protected Class Information

Category C:  Commercial Information

Category D:  Biometric Information

Category E:   Internet and Network Information
Category F:  Geolocation Information

Category G:  Sensory Information

Category H:  Employment Information

Category I:  Non-Public Education Information

Category J:  Profile Information 

 

As provided in our general Privacy Policy, we may disclose your Personal Information to our affiliates, non-affiliated service providers, and third parties to whom you or your agents authorize us to disclose your Personal Information in connection with the Services. To learn more about why we share information with third parties, please see our general Privacy Policy.

 

Do We Sell Your Information? No. Although we share data with third parties as outlined in in the Privacy Policy, we do not sell any of your Personal Information to any third party

 

How Do We Protect Personal Data? We protect data using administrative, technical, and physical safeguards.  When we use third-party service providers, we ask those providers to implement similar safeguards. However, we cannot guaranty that your information is completely secure either within Company or on the systems of third party service providers.

 

How Long Do We Keep Your Personal Data? We retain personal data we collect from you when we have an ongoing legitimate business need to do so (i.e., to provide you with the Services you have requested or to comply with applicable legal requirements). When we no longer have an ongoing legitimate business need to process your Personal Information, we will physically destroy, delete or anonymize it or, if this is not possible, then we will securely store your personal data and isolate it from any further processing until deletion is possible.

 

What Are My California Consumer Rights? If you are a California resident and are engaged in a direct business relationship with Company as a consumer for provision of the Sites or Services, you may have the following rights:

 

Right to Know. You may request that we provide to you specific pieces of Personal Information and categories of Personal Information that we have collected for the 12 month period preceding your request, such as (i) the categories of Personal Information we collected about you; (ii) the categories of sources from which we collected such Personal Information; (iii) the purposes for collecting your Personal Information; and (iv) the categories of third parties with access to your Personal Information, if any. Though you may request specific pieces of your Personal Information that we have collected, we may not provide the following information in order to protect the security of such information: social security numbers, driver’s license or other state or government issued identification numbers, bank account numbers or other financial information, any health insurance or medical identification numbers or related information, account passwords or security questions and answers.

 

Right to Request Deletion. Under certain, limited circumstances, you may request that we delete Personal Information that we have collected from you or maintain about you. We may deny your deletion request if retaining the information is necessary for us or our service providers to:

 

  •  Complete the transaction for which we collected the Personal Information, provide the Services that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

 

  •  Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

 

  •  Debug products to identify and repair errors that impair existing intended functionality.

 

  •  Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

 

  •  Comply with the California Electronic Communications Privacy Act.

 

  •  Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

 

  •  Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

 

  •  Comply with a legal obligation.

 

  •  Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

Right to Opt-Out of Sale of Personal Information. We do not sell Personal Information as defined under the CCPA.

 

Right to Non-Discrimination. We will not discriminate against any consumer who has chosen to exercise their rights under the CCPA. By way of example, we will not deny you the Services, charge you different prices/rates for the Services, or provide you a different level of quality of service.

 

How Do I Submit a California Rights Request? If you are a California Resident and you have a direct business relationship with Company or you otherwise use the Sites, you may make a request pertaining to the rights described above by clicking here for a Request for Disclosure and emailing or sending the Request to the email address or mailing address listed below:

 

Email Address:

 

Mailing Address:

[email protected]

 

462 E 800 N, Orem, Utah 84097

 

PLEASE NOTE THAT YOUR REQUEST WILL NOT BE PROCESSED UNTIL YOUR IDENTITY HAS BEEN VERIFIED. ONCE YOUR IDENTITY HAS BEEN VERIFIED, YOUR REQUEST WILL BE PROCESSED IN ACCORDANCE WITH THE CCPA. IF NECESSARY, WE WILL PROVIDE ADDITIONAL DETAILS AND DIRECTIONS ON IDENTITY VERIFICATION, AND AS APPROPRIATE, UPON RECEIVING YOUR REQUEST.

 

With respect to your California Rights Request, please also note the following:

 

If you choose to email or mail your request, please include “California Privacy Rights Request” in the subject line.

 

Once we have verified your identity, we will respond to your request within 45 days. If we require more time (up to an additional 90 days), we will notify you in writing of the reason and the extension period.

 

We, at our option, may not respond to more than two requests in a 12 month period.

 

Making a verifiable consumer request does not require you to create an account with us, and we will only use Personal Information provided in a verifiable consumer request to verify your identity or authority to make the request.

 

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

Changes To This Privacy Notice: We reserve the right to amend this Privacy Notice at our discretion and at any time. We may make changes to the Privacy Policy without providing you prior notice. However, after we make any changes to this Privacy Policy, we will give notice to you via (i) the Sites or (ii), where feasible, and at our discretion, contact information available to us. We encourage you to periodically review this Privacy Policy so as to remain informed on how we are protecting your information.