10DLC PRIVACY POLICY
Revised June 21, 2024

This privacy notice for Barkan Management Company, Inc. (doing business as The Barkan Companies) (“we,” “us,” or “our”), describes how and why we might collect, store, use, and/or share (“process”) your information when you communicate with us by SMS (text) messaging.

1. Information We Collect

When you opt-in to receive SMS messages from us, we may collect the following types of information:

  1. Personal Information: Phone number, name, email address (if provided)
  2. Message Data: The content of SMS messages sent and received, delivery status of SMS messages, Interaction data related to SMS messages

2. How We Use Your Information

We use the collected information strictly for service delivery and communication purposes, specifically for:

  1. Communication: Providing updates and essential information via SMS and Responding to client inquiries and delivering necessary support
  2. Service Improvement: Understanding and analyzing the use of our SMS services and Improving communication methods to better serve clients
  3. Legal Compliance: Complying with applicable laws and regulations. Responding to lawful requests and legal processes.

3. Sharing Your Information

We will not share, sell, or disclose your information to third parties except:

  1. We do not share personal data (phone numbers) and consent with third parties/ affiliates or partners.
  2. Service Providers: We may utilize trusted cloud-based software vendors to provide our services. These parties are required to maintain the confidentiality and security of any information we store with them.  Our information is not shared with these providers, and they are not permitted to use any information stored in their services for their own purposes.
  3. Legal Requirements: We may disclose your information if required by law or in response to a legal request, such as a subpoena, court order, or government demand.

4. Security of Your Information

We take reasonable measures to protect your information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

5. Your Rights and Choices

You have the right to:

  1. Opt-Out: You can opt out of receiving SMS messages from us by replying “STOP” to any message or contacting us at corporate@barkanco.com
  2. Access and Correction: You can request access to or correction of your personal information by contacting us at corporate@barkanco.com.

6. Changes to This Policy

We may update this Privacy Policy from time to time. Any changes will be effective when we post the revised policy on our website. We encourage you to review this Privacy Policy periodically.

7. Contact Us

If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at:

Barkan Management Company, Inc.
7 Wells Ave., Suite 11
Newton, MA 02459
617-482-5500
corporate@barkanco.com

8. Connecticut Residents

This section applies only to Connecticut residents. Under the Connecticut Data Privacy Act (CTDPA), you have the rights listed below. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law.

Right to be informed whether or not we are processing your personal data

  • Right to access your personal data
  • Right to correct inaccuracies in your personal data
  • Right to request deletion of your personal data
  • Right to obtain a copy of the personal data you previously shared with us
  • Right to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects (“profiling”)

To submit a request to exercise these rights described above, please email corporate@barkanco.com or submit a data subject access request.

If we decline to take action regarding your request and you wish to appeal our decision, please email us at corporate@barkanco.com. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.

9. Virginia Residents

Under the Virginia Consumer Data Protection Act (VCDPA):

“Consumer” means a natural person who is a resident of the Commonwealth acting only in an individual or household context. It does not include a natural person acting in a commercial or employment context. “Personal data” means any information that is linked or reasonably linkable to an identified or identifiable natural person. “Personal data” does not include de-identified data or publicly available information. “Sale of personal data” means the exchange of personal data for monetary consideration. If this definition of “consumer” applies to you, we must adhere to certain rights and obligations regarding your personal data.  Your rights with respect to your personal data

  • Right to be informed whether or not we are processing your personal data
  • Right to access your personal data
  • Right to correct inaccuracies in your personal data
  • Right to request deletion of your personal data
  • Right to obtain a copy of the personal data you previously shared with us
  • Right to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects (“profiling”)
  • Exercise your rights provided under the Virginia VCDPA

You may contact us by email at corporate@barkanco.com or submit a data subject access request.

If you are using an authorized agent to exercise your rights, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

We may request that you provide additional information reasonably necessary to verify you and your consumer’s request. If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request.

Upon receiving your request, we will respond without undue delay, but in all cases, within forty-five (45) days of receipt. The response period may be extended once by forty-five (45) additional days when reasonably necessary. We will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.

Right to appeal: If we decline to take action regarding your request, we will inform you of our decision and reasoning behind it. If you wish to appeal our decision, please email us at corporate@barkanco.com. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may contact the Attorney General to submit a complaint.