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Birch Gold Group Terms and Conditions

These Website Terms and Conditions (these “Terms”) are an agreement between you and Birch Gold Group, which operates the website www.birchgold.com, and its affiliates (collectively, “Birch Gold Group,” the “Company,” “we,” “us,” or “our”), and governs your use of the website made available at www.birchgold.com and its associated webpages (the “Website”). By using the Website, you are agreeing to be bound by these Terms. IF, FOR ANY REASON, YOU DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE WEBSITE IMMEDIATELY.

THESE TERMS INCLUDE IMPORTANT LEGAL PROVISIONS THAT DEFINE YOUR RIGHTS AND OBLIGATIONS REGARDING YOUR USE OF THE WEBSITE. PLEASE READ THESE TERMS, INCLUDING THE PRIVACY AND OTHER DOCUMENTS INCORPORATED HEREIN, CAREFULLY PRIOR TO USING THE WEBSITE. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.

Both you and the Company agree, with the limited exceptions noted below, to resolve all disputes between you and the Company through BINDING INDIVIDUAL ARBITRATION as further provided below. BINDING INDIVIDUAL ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

GENERAL PROVISIONS

Privacy Policy. Your use of the Website is subject to the terms of the Birch Gold Group Privacy Policy (the “Privacy Policy”), which is hereby incorporated into and made a part of these Terms. In the event of a conflict between any provision of these Terms and the Privacy Policy, the terms of the Privacy Policy will control.
Right to Amend. You acknowledge and agree that Birch Gold Group may amend these Terms at any time and from time to time, without notice to you. Following any such amendment, these Terms, as so amended, shall govern your use of the Website. Your use of the Website following such amendment constitutes your acceptance of these Terms as so amended.
Third-Party Beneficiaries. These Terms are also for the express benefit of Birch Gold Group’s representatives, officers, shareholders, subsidiaries, employees, and agents (including service providers). If and to the extent an action of any kind is brought against any such person on account of the Site or any communications and interactions with Birch Gold Group through or facilitated by the Site, such persons shall have all of the protections afforded by these Terms, including the dispute resolution procedure.
Website Limitations. The Website should not be considered a comprehensive source of information regarding precious metals or any of the other products being sold and bought by Birch Gold Group (collectively, the “Products”). It is your responsibility to educate yourself regarding the Products prior to entering into any transaction with Birch Gold Group. Your reliance upon any information on the Website is solely at your own risk. For more information, please see our Risk Disclosure.
Information Collection. In connection with your use of the Website or otherwise in connection with your interactions with Birch Gold Group, you may submit personally identifiable information about yourself, which may include, without limitation, your first and last name, email address, telephone number, mailing address, shipping address and country of residence. Birch Gold Group may collect other information about your visits to the Website to protect the security of Birch Gold Group customers and the Website or to improve the Website, the Services and the Products. All information collected by Birch Gold Group will be governed by the Privacy Policy.
Your Representations and Warranties. By using the Website, you hereby represent and warrant, on a continuing basis, that: (a) you are at least 18 years old; (b) you have the legal capacity to enter into these Terms and to comply with them; (c) you have sufficient experience and knowledge to make informed decisions with respect to purchase and sale transactions with Birch Gold Group; (d) all information that you provide to Birch Gold Group and the Website is and shall remain accurate in all respects; and (e) you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions.
Rules Regarding Use. As a condition to using the Website and the services provided thereby (the “Services”), you agree to comply with all applicable local, state, national, provincial and international laws, treaties and regulations. You further agree not to (a) gain or attempt to gain unauthorized access to the Website (including any restricted sections thereof), the Services, or any related system or network, including by impersonating any other Website user or other person or entity; (b) establish a link to the Website in such a way as to suggest to any third party any form of association, approval or endorsement on the part of Birch Gold Group; (c) falsely imply any sponsorship or other relationship with Birch Gold Group except that of customer and vendor; (d) use the Website or the Services in any unlawful manner, including, without limitation, in violation of any person’s privacy rights, to abuse, harass or defame any individual or entity, to send unsolicited communications or to store or transmit any content that infringes upon any third party’s intellectual property rights; (e) use the Website or the Services to post, transmit, upload, link to, send or store any content that is unlawful, abusive, obscene, racist or discriminatory; (f) use the Website or the Services to post, transmit, upload, link to, send or store any viruses, cancel bots, malware, Trojan horses, time bombs or any other similar harmful software or any tracking cookies; (g) use the Website or the Services in any manner that interferes with or disrupts the integrity or performance of the Website, the Services or any related system or network or attempt to damage or interfere with any of the foregoing by any method, including, without limitation, flood pings, denial of service attacks, packet or IP spoofing, forged routing or other information or similar methods or technology; (h) attempt to decipher, decompile, reverse engineer, disassemble, reproduce or copy or otherwise access or discover the source code or underlying program of any software used in or in connection with the Website or any Services; (i) copy, display, distribute, create derivative works from or otherwise use in any manner the Website or any of the contents thereof; (j) use or try to use the Website or any Services in violation of these Terms; or (k) assist any third party in any of the foregoing.
External Website. The Website may be linked to other websites. You acknowledge and agree that the Company is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising, products and/or other materials on or available from such websites. The Company makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website. Inclusion of any third party link does not imply an endorsement or recommendation by the Company.
Authorization to Contact You. By agreeing to these Terms, you hereby expressly authorize Birch Gold Group, and its affiliates, designees and agents, to contact you as described below.
A Do Not Call Registry Waiver. You hereby expressly authorize the Company to telephone you at any number you provide (and any updated or additional numbers you may provide in the future), regardless of whether or not your telephone number appears in the “National Do Not Call Registry,” established pursuant to 16 CFR§ 310.4(b)(1)(iii)(B).
Telephone Consumer Protection Act Authorization. You hereby expressly agree that the Company may call you and/or send text messages and/or send emails to you at any telephone number or email account you provide (and any updated or additional numbers or email accounts you may provide in the future), including wireless telephone numbers (commonly known as mobile or cellphone numbers) that could result in charges to you. The manner in which these calls, text messages or emails are made to you may include, without limitation, the use of prerecorded/artificial voice messages and/or automatic telephone dialing systems. You may revoke consent at any time and by any reasonable means, including by texting “Stop” in response to any text message you receive, emailing a stop request to info@birchgold.com (which does not bounce back) or mailing your request to Birch Gold Group, 3500 W Olive Ave, Suite 300, Burbank, CA 91505. If you email or write, please clearly identify yourself and what methods, number(s) or email address(es) that the Company should stop using to communicate with you, if less than all.
Rights in Website and Related Intellectual Property; Limited License to Use Website.
Except for the limited license granted to you to use the Website as described in the following paragraph, Birch Gold Group retains the exclusive right, title and interest in and to all intellectual property, including, without limitation, all patents, inventions, copyrights, trademarks, trade names, service marks, trade dress, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights, in or related to the Website, the contents thereof and the Services. All such intellectual property and intellectual property rights are protected by applicable law, including, without limitation, applicable copyright laws and treaties throughout the world. You hereby acknowledge and agree that you are not permitted to reproduce the Website or any contents of the Website in any manner, prepare derivative works from the Website or any contents of the Website or use the Website or any contents of the Website for any purpose other than entering into lawful transactions with Birch Gold Group.
Birch Gold Group hereby grants you a limited, revocable, non-exclusive, royalty free, non-sublicensable and non-assignable license to use the Website for the purpose of communicating with, obtaining or requesting information from, or conducting purchase and sale transactions with Birch Gold Group. Any violation by you of these Terms or use by you of the Website for a purpose beyond such limited purpose will result in the automatic termination of the foregoing license to you, without any need for any further action on the part of Birch Gold Group.
Trademarks, Logos and Other Intellectual Property. The Birch Gold Group word marks and logos and any Birch Gold Group slogans used in or on the Website are trademarks of Birch Gold Group and may not be copied, imitated or used, in whole or in part, without the prior written permission of Birch Gold Group. You may not use any metatags or any other “hidden text” utilizing the name “Birch Gold Group” or any other name, trademark or product or service name of Birch Gold Group without the prior written permission of Birch Gold Group. The look and feel of the Website, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark and/or trade dress of Birch Gold Group and may not be copied, imitated or used, in whole or in part, without the prior written permission of Birch Gold Group. All other trademarks, trade names, product names and company names and logos mentioned in or on the Website are the property of their respective owners.
Reports, Evaluations and Other Guidance on Website. Birch Gold Group from time to time may include on the Website information such as articles, reports, alerts and price evaluations. You acknowledge and agree that such information is provided “as is” and for general background only. You acknowledge and agree that you may not and will not rely upon any such information in making transaction decisions.
DISCLAIMERS BY BIRCH GOLD GROUP.BIRCH GOLD GROUP PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. BIRCH GOLD GROUP DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE USE THEREOF OR ANY INFORMATION ON IT (A) WILL BE UNINTERRUPTED OR SECURE; (B) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS; (C) WILL MEET THE REQUIREMENTS OF ANY USER; (D) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE.BIRCH GOLD GROUP MAKES NO WARRANTIES WITH RESPECT TO THE WEBSITE OTHER THAN THOSE EXPRESS WARRANTIES CONTAINED IN THESE TERMS AND HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
NO LIABILITY FOR CERTAIN DAMAGES.THE COMPANY SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR FROM ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE, OR OTHER GROUNDS. THIS LIMITATION DOES NOT, HOWEVER, EXTEND TO DIRECT OR CONSEQUENTIAL DAMAGES FOR PERSONAL PHYSICAL INJURY. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIMITATIONS OF LIABILITY OR DAMAGES. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. You agree to indemnify and hold the Company and its representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents harmless from any and all third party claims, demands, actions, suits, losses, obligations, liabilities, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees and expenses), based upon or relating to any act or omission on your part (or anyone acting on your behalf). You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of
No Waiver. No delay or failure on the part of Birch Gold Group in exercising any legal right or remedy it may have against you shall be deemed to constitute a waiver of such right or remedy. In addition, no partial exercise by Birch Gold Group of any legal right or remedy it may have against you shall preclude the further exercise by Birch Gold Group of such right or remedy or its exercise of any other right or remedy it may have against you.
No Assignment. You may not assign or delegate these Terms or any of your rights or obligations hereunder. Birch Gold Group has the unlimited right to assign or delegate these Terms and any or all of its obligations and rights hereunder. These Terms shall be binding upon and inure to the benefit of you and Birch Gold Group and your and its respective permitted assignees and legal representatives.
Force Majeure. You expressly acknowledge and agree that Birch Gold Group will not be liable to you under any legal theory for any failure to perform any obligation to you, whether under these Terms or otherwise, which failure is caused directly or indirectly by a force majeure event, including, without limitation, any act of God, fire; war, insurrection, riot, epidemic or pandemic, governmental action or refusal to act, communications failure or power failure, any exchange or market ruling or any other cause beyond the reasonable control of Birch Gold Group.
Governing Law. Any controversy or claim arising out of or relating in any way to (a) these Terms; (b) the enforcement or interpretation hereof; (c) an alleged breach, default or misrepresentation in connection with any of the provisions hereof; or (d) any transaction, communication or interaction between You and Birch Gold Group shall be governed by Iowa law, without regard to its conflicts of law provisions. Notwithstanding the foregoing, the provisions of Section 20, including the requirement to arbitrate claims on an individual basis, shall be governed by and interpreted in accordance with the Federal Arbitration Act.
Resolution of Disputes; Waiver of Right to Jury Trial; Agreement to Arbitrate. These Terms contain a binding, individual arbitration agreement and class action waiver. This means that any claim must be arbitrated on an individual basis pursuant to the terms set forth below; that claims of different persons cannot be combined or aggregated, and that you are waiving your right to file a lawsuit in court and to have a jury decide the dispute. Please read all the provision of this Section 23 carefully and consult a legal advisor if you have any questions.
Any controversy or claim arising out of or relating to the Website, these Terms, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with the Website or any provision of these Terms, or arising out of or relating in any way to any transaction, communication or interaction between you and Birch Gold Group or any agents or designees (each, a “Dispute”), shall be submitted to final and binding individual arbitration in accordance with the following provisions in order to establish and gain the benefits of a speedy, impartial and cost effective dispute resolution procedure.
Except as otherwise prohibited by applicable law, any Dispute will be decided exclusively by final and binding arbitration, before a single neutral arbitrator (the “Arbitrator”), in Des Moines, Iowa, utilizing the applicable JAMS rules, as described below (the “JAMS Rules”). Notwithstanding the immediately preceding sentence, if required by the JAMS Rules or any applicable JAMS minimum standards, or if the Arbitrator concludes that it would be a financial or other hardship for you to participate in an arbitration in Des Moines, the Arbitrator shall have the authority to hold the hearing, or any part thereof, in the county where you live or to permit you to attend via videoconference, Skype, Facetime, telephonic or similar virtual participation.
The arbitration shall be administered by JAMS pursuant to its comprehensive arbitration rules and procedures (if the amount in controversy exceeds $250,000) or its expedited arbitration rules and procedures (if the amount in controversy is less than or equal to $250,000). These rules may be accessed at https://www.jamsadr.com/adr-rules-procedures/.
To the fullest extent permitted by applicable law, and notwithstanding anything else in these Terms, you agree that any Dispute shall be decided by the Arbitrator on an individual basis and not on a class, collective or representative basis. You further acknowledge and agree that the Arbitrator shall not have the authority or jurisdiction to hear the arbitration as a class, collective or representative action or to join or consolidate causes of action of different parties into one proceeding.
The Arbitrator may award any form of remedy or relief (including injunctive relief and specific performance) that would otherwise be available in court. Any award pursuant to the arbitration shall be accompanied by a written opinion of the Arbitrator setting forth the reason(s) for the award, which shall be delivered within 30 days of the close of the hearing on the arbitration (unless extended by mutual agreement of you and Birch Gold Group). The award rendered by the Arbitrator shall be conclusive and binding upon you and the Birch Gold Group, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction.
Subject to the JAMS Rules and any applicable JAMS minimum standards, the arbitration fees, together with other expenses of the arbitration incurred or approved by the Arbitrator, shall be divided equally between you and Birch Gold Group.
YOU UNDERSTAND THAT, ABSENT THESE TERMS, EACH OF YOU AND THE COMPANY WOULD HAVE THE RIGHT TO SUE THE OTHER IN COURT AND TO HAVE ANY DISPUTE DECIDED PURSUANT TO A JURY TRIAL, BUT, BY THESE TERMS, YOU ARE GIVING UP THAT RIGHT AND AGREEING TO RESOLVE BY ARBITRATION ANY AND ALL DISPUTES.
You and Birch Gold Group agree to treat as strictly confidential all information concerning any arbitration proceeding, including the pleadings, the hearing and any arbitration award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, confirmation and enforcement proceedings or a judicial challenge to an award or its enforcement, or unless otherwise required by applicable law or judicial decision. You and Birch Gold Group agree that breach of this confidentiality provision would irreparably harm the non-breaching party, and further agree that any such breach shall entitle the non-breaching party to seek injunctive relief and/or compensatory damages for the breach (without the necessity of posting a bond or other security).
Notwithstanding the other provisions of this Section 20, you agree that Birch Gold Group will have the right to seek injunctive or other equitable relief in any state or federal court located in Polk County, Iowa, to enforce these Terms or prevent an infringement of a third party’s rights, without being required to post a bond or other security or prove actual damages. In the event Birch Gold Group seeks such equitable relief, you hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to the jurisdiction.
Severability.
With the exception of the class action waiver in Section 20(d), which is essential to the agreement to arbitrate, if any provision of these Terms is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality or unenforceability, or, if that is not possible, such provision shall, to the extent of such invalidity, illegality or unenforceability, be severed from these Terms, and the remaining provisions of these Terms shall remain in effect.
If the class action waiver in Section 20(d) is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal or unenforceable to any extent, then the entirety of the dispute resolution procedures specified in Section 20 of these Terms shall be void and of no force and effect.
Reservation of Rights. Any rights not expressly granted by the foregoing provisions of these Terms are reserved to Birch Gold Group.
© 2024 Copyright by Birch Gold Group. All rights reserved. AccessibilityAccessibility

PRIVACY POLICY

© 2024 Copyright by Birch Gold Group. All rights reserved. AccessibilityAccessibility

Last Modified on 8/14/2024

Birch Gold Group (“Birch Gold,” “we,” or “us”) respects your privacy. This Privacy Policy explains how we treat the information that we collect from you through our website, as well as over the phone ("Services"). It also explains your privacy rights and how you can exercise them.

We follow this privacy policy in accordance with the applicable law of the United States and those of its states in which we operate. We do not operate in countries other than the United States and we do not knowingly offer or provide our services to residents of countries other than those of the United States.

This privacy policy applies only to our collection of information; it does not apply to information that you may provide to or is collected by a third-party site or platform, including those that link to us or that we link to. Any information that is provided to or collected by a third-party site or platform is subject to that third-party’s privacy practices and policies, including any privacy rights that the third-party may offer.

Finally, this privacy policy does not apply to our collection of information from you should you apply to use our services or become a customer. Information collected from you as part of the application process or as a customer is subject to a separate privacy policy that will be provided to you as part of the application process.

1. Who We Are

Birch Gold is a leading dealer of physical precious metals since 2003. It is a corporation established under the laws of Iowa and its main location is at 309 Court Avenue, Suite 809, Des Moines, IA 50309. You can reach us at (877) 749-7738 or at info@birchgold.com.

2. How We Collect Your Personal Information

We collect information from you through our website and over the phone in order to provide you with more information about our services and to manage our relationship with you. You will voluntarily provide most of this information directly to us.

We use cookies, pixels, and tags on our website and certain marketing emails, which collect your IP address and certain other information from you when you visit our website, including when you visit our website via a link on another website. For further details, please see our Cookie and Similar Technology Policy Section, below.

We also collect information using analytics tools, including when you visit our website.

The specific information we collect and how we use that information are discussed in more detail below.

3. The Types of Information We Collect

We collect the following types of information.

First, we collect personal information, which is information that identifies (whether directly or indirectly) a particular individual. Specifically, if you email us, request a free information kit through our website, or contact us by phone, we collect your first and last name, your email address, and your phone number. If you subscribe to one of our newsletters, we collect your email address only. We use this information to identify a user within our Services, to personalize the Services and share with you updates about our new products and services. We share this information with third-party service providers, analytics, advertising and marketing partners, our affiliates, and otherwise as might be required for legal or regulatory purposes. For more detailed information please see section "How We Share Your Information" below.

We do not collect any sensitive personal data as defined by the applicable laws and we do not draw interferences from your personal information to build your consumer profile.

Second, we collect anonymous information, which is information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual. For example, we collect:

Usage, viewing, technical, and device data when you visit our website or open emails we send, including your browser or device type, unique device identifier, IP address, details of the webpages you visit, and the website you came to us from.

Location information, including location information provided by a mobile or other device interacting with our website, or associated with your IP address, where we are permitted by law to process this information.
For further details, please see our Cookie and Similar Technology Policy Section, below.

Please know that we do not knowingly collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 18 years old or older.

4. Use Of Your Personal Information

Consistent with applicable law and choices and controls that may be available to you, we may use information to:

Provide you with information about the products and services that you request or view. For example by sending you the free information kit or marketing emails you have asked to receive;

To provide, support, personalize, and develop our Services;

Communicate with you about the products and services we offer, including responding to your emails, phone calls, and other inquiries;

To operate, understand, optimize, develop, or improve our website, products, services, and operations;

To comply with any obligations, laws, regulations, or rules to which we are subject, including by cooperating with regulators and other public authorities, such as by responding to any requests for information or complying with our reporting and other legal obligations;

To personalize your experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Services, third-party sites, and via email or text message (with your consent, where required by law); and

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Sites is among the assets transferred.
5. Sharing Of Your Information

We do not sell, trade, or otherwise transfer your personal information to third-parties for their purposes. We may share your personal information with trusted third-parties who assist us in operating our website, conducting our business, or providing services to you on our behalf, such as sending you marketing emails. In sharing personal information with these third-party vendors, we require that they keep your personal information confidential and are prohibited from using your personal information for purposes other than those related to the services for which we are using them.

Our personal information sharing does not include information about individuals we know are un-der age 13. For more on your rights, see Opt-Out and Opt-In Rights.

Otherwise, we may share your personal information to enforce our Terms of Use, to protect the rights, property, and safety of ourselves and others, to comply with legal process, or in other cases if we believe in good faith that disclosure is required by law. Examples include responding to a subpoena or similar legal process, protecting against fraud, and cooperating with law enforcement or regulatory authorities.

Third-Party Service Providers: We share information, including certain personal information, with our third-party service providers that we use to: process authentication and log-in information; provide hosting for and maintenance of our Services, e-mail marketing, solicit investors, scheduling meetings, backup, storage, payment processing, analytics and other services for us. These third-party service providers may have access to or process your personal information for the purpose of providing these services for us. We do not permit our third-party service providers to use the personal information that we share with them for their own commercial purposes.

Analytics: We may collect, and we may engage third-party analytics providers to collect, metrics and information regarding your use of the Services including evaluating how visitors use our Services (“Usage Data”) to develop new features, improve existing features or inform sales and marketing strategies. When we process Usage Data, any personal information is anonymized.

Advertising and Marketing: We may use third-party advertising companies like Meta and Google to serve advertisements on our Services and on selected websites and mobile applications operated by others. These companies may set their own cookies or use similar web technologies to collect information about your online and mobile device activities over time and across different websites. These companies then may direct advertisements to you based on your interests as suggested by the history of your visits to our Services and other websites or mobile applications.

Affiliates: We may share information, including personal information, with companies affiliated with us, and they will use that information only for the purposes that are consistent with those described in this Privacy Policy.

Our business partners: We may share information with our third-party clients or business partners to facilitate your transactions, and other third parties for their own commercial or marketing purposes, such as to serve targeted advertisements subject to the restrictions described above.

Legal or Regulatory Purposes: We may share information with governmental and regulatory entities as necessary to fulfill our legal obligations.

6. How We Store And Protect Your Personal Information

The security and confidentiality of your information are important to us. We will retain your personal information for the length of time needed to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law.

We limit access to your personal information to authorized Birch Gold employees and the categories third-parties identified above.

When you delete data or request that your data be deleted, we follow a deletion policy to make sure that your data is safely and completely removed from our servers or retained only in anonymized form. However, please note even after you have stopped using our Services, and regardless of any request to delete your data, we may continue to store your personal data if doing so is necessary for us to fulfil our legal obligations. We may be required to keep your information for as long as necessary (i) to comply with our legal and regulatory obligations,(ii) to make or defend legal claims, (iii) to protect against the fraudulent activity of any account holder and/or others, (iv) to enforce our Terms of Service and this Privacy Policy, (v) to administer our Services and keep them safe and secure, and for internal operations (including, but not limited to, research, statistics, troubleshooting, data analysis, testing, survey and similar purposes); and (vi) to disclose as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to protect our operations and/or those of any of our affiliated parties; (c) to protect our rights, privacy, safety and/or property, and/or that of our affiliated parties, users or others; and/or (d) to allow us to pursue available remedies or limit the damages that we may sustain.

We implement a range of technical, non-technical, and administrative measures that are designed to protect your information from unauthorized access, disclosure, use, and modification. We regularly review these processes and procedures to take into account changes in applicable legal requirements, new technology, and methods, as well as recent risks, threats, and vulnerabilities.

Please note that no security measures are perfect or impenetrable. Although we do our best to protect your personal information, we cannot guarantee the security of the information you share with us.

We encourage you to practice responsible disclosure and let us know right away if a vulnerability is discovered on the site. We will investigate all legitimate reports and follow up if more details are required. You can report a believed vulnerability to us by contacting us by email at privacy@birchgold.com, by phone at (877) 749-7738, or by filling out the form available at https://www.birchgold.com/contact-us/. Please put “Security Issue” in the Subject line of the email or at the beginning of your message if you submit a form online.

7. Cookie and Similar Technology Policy

We use cookies (small text files placed on the hard drive of your computer or device) and similar technologies (e.g., flash cookies and web beacons) on our website and marketing emails to:

Make sure our website functions as it should;

Recognize you when you return to the website;

Understand how you arrived at and used our website;

Present you with customized options relating to your interests, based on your previous use of the website; and

Aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
Please note that some of the cookies on our website are third party cookies (e.g. Google advertising cookies, Meta Pixel, etc.) which we do not control. In that instance, please view the relevant third-party’s website for details of their privacy policy.

Please also note that most web browsers (Chrome, Safari, Firefox, etc.) give you the option to receive a warning each time a cookie is being placed on your device or to block most cookies. You can do this through your browser settings or use your browser’s Help menu to learn how to do this.

For more information about cookies and how to disable and/or delete them, please visit www.allaboutcookies.org.

Our website is not currently configured to respond to “do not track” signals or similar mechanisms.

8. Your Controls and Choices

We do not currently consider the ways we shared consumer personal information in the past 12 months to comprise the “sale” of personal information. However, use of online tracking technologies may be considered a “sale” / “sharing” under applicable law. You can opt out by clicking the “Do Not Sell or Share My Personal Information” link at the bottom of our website and selecting your preferences.

Your request to opt out of “sale” / “sharing” will be linked to your browser identifier only. You may opt out by broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) (on the browsers and/or browser extensions that support such a signal). To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Some states have enacted privacy laws that provide consumers with specific rights regarding their personal information. The scope of your rights may vary depending on which state you reside. This section generally describes your rights and explains how to exercise those rights.

- Right to Know What Information We Collect, With Whom We Share Your Information, And The Right To Data Portability - You may request that we disclose to you the categories of personal information we collect about you, the categories of sources from which we collected that personal information, the categories of personal information we sold or disclosed, our business or commercial purposes for collecting and selling such personal information, the categories of third parties with whom we shared such personal information, and the specific pieces of personal information we collected about you over the past 12 months.

- Right to Request Deletion Of Your Information - You may request we delete some or all of the personal information we maintain about you, subject to certain exceptions. If we cannot delete all of your personal information, we will give you a reason why we cannot do so. Note that some personal data may be retained as permitted by law (e.g. to comply with legal obligations, to prevent fraud, etc.).

- Opt-Out of "Sale" / "Sharing" of Your Personal Information - We do not currently consider the ways we shared consumer personal information in the past 12 months to comprise the “sale” of personal information. Please see “Opt-Out and Opt-In Rights” for more information on how to exercise this right.

- Right to Correct Inaccurate Personal Information - Taking into account the nature of the personal information and the purposes of the processing, this right provides an individual with the ability to seek to correct or update personal data that individual considers that we hold about that individual.

- Right to Limit Use of Sensitive Information - This right is limited to sensitive personal information used for the purpose of inferring characteristics about an individual. We do not collect sensitive personal information nor do we use sensitive personal information for the purpose of inferring characteristics about an individual, therefore we do not offer a path to exercise this right.

- Right of Non-Discrimination and Non-Retaliation - We will not discriminate against you because you made any of these requests.

- Shine the Light - California's “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to privacy@birchgold.com or by filling out the form available at https://www.birchgold.com/contact-us/.

- Right to appeal any decision or indecision related to the exercise of any right the consumer is granted under the applicable state law.

9. How to Exercise My Rights

If you would like to exercise any of these rights please contact us:

Calling us at (877) 749-7738

Emailing us at privacy@birchgold.com

Filling out the form available at https://www.birchgold.com/contact-us/
We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations.

Your request must:

Provide sufficient information for us to reasonably verify that you are the person about whom we collected personal information or an authorized representative of such person; and

Describe your request with sufficient detail for us to properly understand, evaluate, and respond to it.
If you wish to submit a verifiable consumer request on behalf of another individual, we will also need sufficient information to verify that the individual is the person about whom we collected personal information and that you are authorized to submit the request on their behalf. For requests to know, access, correct or delete personal information, we may ask you to provide sufficient evidence to show that you have provided the authorized agent signed permission to act on your behalf, verified your own identity directly with us pursuant to the instructions set forth in this Privacy Policy, and directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf.

Authorized Agent

You may designate an authorized agent to submit a request on your behalf to access or delete your personal information. To do so, you must: (1) provide that authorized agent written and signed permission to submit such request; and (2) verify your own identity directly with us. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.

10. Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us at privacy@birchgold.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

11. Opt-Out and Opt-In Rights

If you want to opt out of targeted advertising, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize use of your personal information for targeted advertising. However, you may change your mind and opt back in at any time by clicking the link above.

We will only use personal information provided in an opt-out request to review and comply with the request.

12. Links to Third Party Websites

Our Services Website and App may contain links to other sites that are not operate or owned by us. If you click on a third-party link, you will be directed to that third-party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, services, products, privacy policies or practices of any third-party sites, services or providers.

13. Information About Minors

We do not intentionally collect personal information from individuals who we have reason to believe are under the age of 13. If we learn that we collected any personal information of children under the age of 13 we will immediately delete such information and the corresponding account. If you become aware of any personal information we have collected from individuals under age 13, please contact us at privacy@birchgold.com or by filling out the form available at https://www.birchgold.com/contact-us/.

14. Changes to our Privacy Policy

This policy may be changed from time to time to reflect changes in our practices concerning the collection and use of personal information related to your use of the site. If we make material changes to this policy, we will let you know by appropriate means, such as posting the revised copy on this page with a new effective date. The revised policy will be effective immediately upon posting to our Web site. The effective date of the policy will be posted at the beginning of the policy.

15. Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Birch Gold Group
Address: 309 Court Avenue, Suite 809, Des Moines, IA 50309
Website: www.birchgold.com
Email: privacy@birchgold.com
Phone: (800) 355-2116

You can click on the following links to go directly to the corresponding sections of this Privacy Policy.

Who We Are

How We Collect Your Personal Information

The Types of Information We Collect

Use of Your Personal Information

Sharing of Your Information

How We Store and Protect Your Personal Information

Cookie and Similar Technology Policy

Your Controls and Choices

How to Exercise My Rights

Response Timing and Format

Opt-Out and Opt-In Rights

Links to Third Party Websites

Information About Minors

Changes to our Privacy Policy

Contacting Us
Do Not Sell or Share My Personal Information