Privacy Policy

BMSS, LLC Privacy Policy and Terms and Conditions of Use

These policies and terms apply to the BMSS.com website. The following terms and conditions (the “Privacy Policy and Terms and Conditions”) 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, you may not access or otherwise use this Site.

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 owners or officers of the business.

Unless we state otherwise in our communications with you or in client engagement documents, this Privacy Policy does not apply to the Personal Information we collect in the context of our client relationships.

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 the firm 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.

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.

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 services to provide additional information to users.  “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.

We may share your Personal Information in the following circumstances:

We may share your Personal Information with companies or individuals that we contract with in order to receive services (our “Service Providers”). These services may include, among other things, providing products or services to you on our behalf, creating or maintaining our databases, processing tax and financial information, payment processing, researching and analyzing the people who request information from us, preparing distribution communications or responding to inquiries. 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 with companies that we own or control.

We may share your Personal Information with companies or individuals outside of BMSS who may use your Personal Information for their own purposes under the following circumstances:

  • If you choose to submit Personal Information through a social media link, we may share your Personal Information publicly or with Third Parties.
  • From time to time, we may be required to provide Personal Information to a Third Party in response to a court order, subpoena, government investigation, or as otherwise required by law or legal process.
  • We may share your Personal Information with Third Parties, such as law enforcement agencies, when we, in good faith, believe: (i) you or others are acting unlawfully, (ii) when we believe it is necessary or appropriate to satisfy any law, regulation or other governmental request, (iii) to operate our business and Sites properly, or (iv) to protect or defend our rights or the rights or well-being of our users, even without a subpoena, warrant or court order.
  • We may, as a result of a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our company (a “Reorganization Event”), transfer or assign your Personal Information to parties involved in the Reorganization Event. You acknowledge that such transfers may occur and are permitted by and subject to this Privacy Policy.

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.

Your California Privacy Rights

California residents are entitled to the following privacy rights listed below.

  • The right to know. You have the right to request to know (i) the specific pieces of Personal Information we have about you; (ii) the categories of Personal Information we have collected about you in the last 12 months; (iii) the categories of sources from which that Personal Information was collected; (iv) the categories of your Personal Information that we sold or disclosed in the last 12 months; (v) the categories of third parties to whom your Personal Information was sold or disclosed in the last 12 months; and (vi) the purpose for collecting and selling your Personal Information. Generally:  Within the preceding 12 months, BMSS has collected the categories of Personal Information detailed above.  BMSS has disclosed the following categories of Personal Information for a business purpose in the preceding 12 months: Direct Identifiers; Commercial Information; Internet Activity Information; Professional and Employment-Related Information; Profile Information and data to service providers.
  • 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 Boulevard, 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 Boulevard, 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.

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.

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 (“EEA”) (see Privacy Shield Notice below), 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.

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.

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.

 

Last updated January 31, 2020

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