BMSS, LLC Privacy Policy and Terms and Conditions of Use
BMSS, LLC Privacy Policy and Terms and Conditions of Use January, 2023
The following terms and conditions (the “Privacy Policy and Terms and Conditions”) apply to both the online and offline collection of personal information by BMSS, LLC, the BMSS.com website and all subsidiaries, parent entities, divisions, departments and affiliates of BMSS, LLC. The Privacy Policy and terms of use also govern your use of the BMSS, LLC Web Site (this “Site”). This Site is made available by BMSS, LLC, an Alabama Limited Liability Company (“BMSS” or “we” or “us”). We may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on this Site. BY USING THIS SITE, YOU ACCEPT AND AGREE TO THIS PRIVACY POLICY AND TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THIS SITE. If you do not agree to these Terms and Conditions, please do not access this website or use our services.
Professional standards require BMSS to maintain the confidentiality of client information in accordance with applicable federal and state law. We also retain records relating to professional services that we provide so that we are better able to assist our clients with their professional needs and, in some cases, to comply with professional guidelines. In order to guard our clients’ nonpublic Personal Information, we maintain physical, electronic, and procedural safeguards that comply with our professional standards, and legal requirements. If you would like copies of your personal information, we will send them, upon request, securely via Sharefile. BMSS will only share individual tax returns and personal financial information directly with that individual client. For client business tax returns and financial statements, we only provide those documents to the contact as agreed upon in our Master Services Engagement Letter or other documentation reflecting a designation of contact.
Our use of information we collect as a service provider for our clients is limited by the restrictions placed on that information by those clients and their privacy policies. You can learn more about how your information is collected and used by our clients by reviewing the privacy policies of those businesses you engage with.
As a business or controller, we will use personal information about you only for the purposes and in the manner set forth below, which describes the steps we take to ensure the processing of personal data is in compliance with applicable data protection and privacy laws.
Information Collected
The personal information we collect about you helps us manage our relationship with you, primarily by allowing us to respond to your questions, to improve website experience, and to notify you of our services.
We also collect information throughout the employment and hiring process.
The categories of personal information we collect are detailed below. Sometimes, these activities are carried out by third parties (see “Sharing of Disclosure of Personal Data” section below).
| Category as Defined by the California Consumer Privacy Act | Examples |
| Identifiers | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. |
| Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) | A name, signature, address, financial, and health information. |
| Commercial information | Records of products or services purchased, obtained, or considered, or other purchasing activity on our sites. |
| Internet or another similar network activity | Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. |
| Professional or employment-related information | Current or past employment information when you submit an application to us through our site. |
Cookies
This site employs cookies and web beacons to track usage and provide a better online experience. Some portions of the site may not be available if the user’s browser will not accept cookies. Some of this collected information is retained and other data is discarded as BMSS modifies this site. Visitors may choose to register and accept periodic transmissions from the firm; these transmissions do not constitute professional advice from BMSS to the recipient. BMSS does not sell e-mail addresses collected through this site. Identifying information submitted through the site may, however, be shared with our partners for the purpose of providing additional information to users.
Cookie List
A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
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Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
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Functional Cookies
These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
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Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
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Opt-Out
We provide you the opportunity to opt-out of marketing communications by clicking the “unsubscribe” link in email communications or by contacting us using the contact information provided below. We will process your request as soon as possible in accordance with applicable law, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.
Additionally, we may send you information regarding our Services, such as information about changes to our policies and other notices and disclosures required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature, rather than promotional.
Third-Party Links
The information contained on this site is intended as general information and not professional advice. BMSS only provides professional advice to clients for whom a written engagement letter has been completed between BMSS and the client. Links to external web sites maintained by others are for convenience only; BMSS assumes no responsibility whatsoever for the content of other sites. This site may not be error-free and/or current at any point in time, and BMSS makes no representations about the completeness and/or accuracy of information on this site; the site is offered “as-is” without warranties of any kind including but not limited to accuracy, completeness and timeliness. BMSS assumes no responsibility for use of materials and/or decisions made using information offered on this site and accepts no liability for the use of the information contained on this site. Specific advice for BMSS clients to rely upon may only be obtained through a BMSS professional. Sending an e-mail to a BMSS professional does not create a client relationship.
BMSS takes reasonable precautions to safeguard its information systems. No safeguards are foolproof. BMSS is unable to guarantee that information submitted through this site will be unreachable by hackers. When sending information to BMSS through this site do not send confidential information such as social security numbers, date of birth, ethnicity, credit card numbers, religion and anything else that the sender wants to remain confidential. This site may be used to collect resume’ materials from potential firm employees; do not transmit confidential information through this site or its links. Should a user transmit information, such transmission will be construed as explicit consent to use the data contained in the transmission. BMSS will not be liable for damages of any sort arising from the loss of information submitted through this site. In the event of a breach, we may attempt to notify you using the email address you have provided us. In some locations you may have a legal right to receive written notice of a security breach.
It is possible that this site may be accessed outside areas in which BMSS is licensed to practice; this site is not intended to offer services in areas outside BMSS’ licensed practice jurisdictions.
Sharing and Disclosure of Information
“Personal Information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, such as your name, email address, IP address, telephone number, and broader categories of information such as your professional, educational or health information, commercial information and internet activity. We collect non-public Personal Information about users that is provided to us by users or obtained by us with your authorization.
Site visitors may choose to register and accept periodic transmissions from the firm; these transmissions do not constitute professional advice from BMSS to the recipient.
We may share or disclose your information to the following categories of third parties and for the following reasons:
- To third-party service providers, agents or independent contractors who help us maintain our Services and provide other administrative services to us. Our policy is to inform our Service Providers not to use or disclose your Personal Information for any purpose other than for providing services to us.
- We may share your personal information in the course of any reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
- We may disclose your personal information to law enforcement, government agencies, and other related third parties, in order to comply with the law, enforce our policies, or protect our or others’ rights, property or safety.
- We may share your Personal Information with companies that we own or control.
- If you choose to submit Personal Information through a social media link, we may share your Personal Information publicly or with Third Parties.
- We may share with other third parties only with your consent or direction to do so.
Notice to EU Individuals:
Notice to EU Individuals: this Privacy Statement is intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of your user information in accordance with the GDPR.
If you are located in the European Union (EU), you will also be asked to provide clear and unequivocal affirmative consent to the collection, processing, and sharing of your user information via cookies and similar technologies.
For EU individuals, essential cookies also help inform BMSS whether you require, or have already been served, an affirmative consent request in connection with the General Data Protection Regulation (GDPR). Essential cookies include analytics cookies, which provide us data that allows BMSS to better understand its users and improve the Site based on what we have learned from that data.
California Residents
We do not and will not sell personal information about you, as defined under California state law. We also have not done so for the last 12 months.
Your Privacy Rights
Under the California Consumer Privacy Act, residents of California are provided with certain rights regarding their personal information. The following section outlines these rights:
- Right to Access: You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- the Categories of personal information we have collected from you
- the Sources of personal information we have collected from you
- the categories of 3rd parties with whom we share personal information
- the specific pieces of personal information stored about you.
- Right to Erasure: You have the right to request erasure of your personal information that has been retained from you subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, unless there is an applicable exception defined within section 1798.105 of the California Civil Code that applies to the request.
We will also direct applicable service providers to delete your personal information.
We will not discriminate against you for exercising any of your CCPA rights.
Shine the Light: This Privacy Policy describes how we may share your information, including for marketing purposes. California residents are entitled to request and obtain from BMSS once per calendar year information about any of your Personal Information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. To request this information and for any other questions about our privacy practices and compliance with California law, please contact us at privacy@bmss.com.
Rights of Users
The right to deletion. You have the right to request that we delete the Personal Information that we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request for deletion, we will let you know the reason why.
The right to opt out of the sale of your Personal Information. You have the right to opt out of the sale of your Personal Information. If you are a California resident and you wish to opt out, you can submit your request to opt out of the sale of your Personal Information by contacting privacy@bmss.com or writing to Privacy Office, BMSS, 1121 Riverchase Office Road, Birmingham, AL 35244.
The right to equal service. If you choose to exercise any of these rights, BMSS will not discriminate against you in anyway.
You may exercise your right to know and your right to deletion twice a year free of charge. To exercise your right to know or your right to deletion, contact us by phone at 1 (833) CPA-BMSS or write to us at Privacy Office, BMSS, 1121 Riverchase Office Road, Birmingham, AL 35244.
We will take steps to verify your identity before processing your request to know or request to delete. We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the individual about whom we collected Personal Information. If you have an Account with us, we will use our existing Account authentication practices to verify your identity. If you do not have an Account with us, we may request additional information about you to verify your identity. We will only use the Personal Information provided in the verification process to verify your identity or authority to make a request and to track and document request responses, unless you initially provided the information for another purpose.
You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf.
BMSS recognizes the importance of protecting children’s privacy rights. This site is not directed to or designed for children under the age of 13. BMSS never knowingly collects or maintains information about anyone under the age of 13.
Except with respect to personal information collected from the European Economic Area, the relationship between you and us shall be governed by the laws of the State of Alabama without regard to its conflict of law provisions and shall resolved by arbitration in Jefferson County, Alabama. Users of this site expressly consent to exclusive jurisdiction and venue and waive all objections to such venue and jurisdiction. If any provision of this Privacy Policy and Terms and Conditions shall be found to be unlawful, void or unenforceable for any reason, such provision shall be revised to the minimum extent required by applicable law for such provision to be enforceable and such revised provision shall be considered a part of this Privacy Policy and Terms and Conditions.
Disputes
If any dispute, controversy or claim arises under this Privacy Policy and Terms and Conditions, and this Site in general, and cannot be resolved by facilitated negotiations (or the parties agree to waive that process) then such dispute, controversy or claim shall be settled by arbitration. The arbitration proceeding shall take place in Jefferson County, Alabama, unless the parties agree to a different locale. The proceedings shall proceed in accordance with the then current Arbitration Rules for Professional Accounting and Related Disputes of the American Arbitration Association (AAA), except that no pre-hearing discovery shall be permitted unless specifically authorized by the arbitration panel.
Such arbitration shall be conducted before a panel of three persons, one chosen by each party and the third selected by the two party-selected arbitrators (or if no selection is made within thirty days of arbitrator appointment, then by the AAA). The arbitration panel shall have no authority to award non-monetary or equitable relief, and any monetary award shall not include punitive damages. The award issued by the arbitration panel may be confirmed in a judgment by any federal or state court of competent jurisdiction.
Our failure to exercise or enforce any right or provision of this Privacy Policy and Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of this Privacy Policy and Terms and Conditions is found by an arbitration panel or a court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitration panel or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. The headings in this Privacy Policy and Terms and Conditions are for reference only and do not affect the substance of the text of this Privacy Policy and Terms and Conditions.
Changes to This Privacy Policy
We reserve the right to change this Policy. When we do, we will also revise the “Effective Date” at the top of this Policy. If we make material changes to the Policy, we will notify you by placing a prominent notice on our website and/or by sending you an email at the email address we have on file for you. We encourage you to periodically review this Policy to keep up to date on how we are handling your personal information.
Please call if you have any questions, because your privacy, our professional ethics and the ability to provide you with quality financial services are very important to us.
Updated January 2023
