BOARDPAQ PRIVACY POLICY

Effective Date: April 26, 2019

GENERAL

This Privacy Policy describes the practices that BoardPaq, LLC, a Missouri limited liability company (referred to hereinafter as "BoardPaq", "us", "we", or "our") follows, with respect to the collection, use, maintenance, disclosure, and storage of information collected through the website at www.boardpaq.com (the "Site") and any BoardPaq service described on the Site (the "Service"). The Privacy Policy applies to the Service whether accessed through a password-protected portion of a website application available on the Site (the "Web App"), or through the BOARDPAQ iOS application (the "iOS App"), through the BOARDPAQ Android application (the "Android App"), and/or through the BOARDPAQ Windows application (the "Windows App"). Your use of the iOS App, Android App, or Windows App is licensed under a separate End User License Agreement ("EULA").

In this Privacy Policy, we define the "Company" as the organization that is, or is becoming, a subscriber to the Service; and any person authorized by the Company to use the Service as an "Authorized User". Each Authorized User will have an account (each a "User Account") issued under the Company's account (the "Company Account"). The Company and Authorized User are jointly referred to as "you" or "your." "Administrator" refers to the individual(s) whom the Company has designated to control and administer the Company Account and the User Accounts under that Company Account.

Please note that this Privacy Policy does not apply to information we may collect outside the Site or outside use of the Service, including, for example, through third-party websites or that you submit to us through email or other electronic message outside the Service, or offline.

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. When you submit information to or through the Site or Service, you consent to the collection and processing of your information as described in this Privacy Policy. By accessing the Site or using the Service, you accept the terms of this Privacy Policy and our Terms of Service (available at https://www.boardpaq.com/terms), and you consent to our collection, use, disclosure and retention of information as described in this Privacy Policy.

If you have not done so already, please also review our Terms of Service. The Terms of Service contain provisions that govern your and BoardPaq's respective rights and obligations in connection with the Service and our Site. This Privacy Policy is incorporated into and made a part of our Terms of Service, and this Privacy Policy and Terms of Service are intended to supplement and harmonize with one another. Capitalized words and other terms used in this Privacy Policy without definition will have the meanings given to them in the Terms of Service. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, THEN PLEASE DO NOT ACCESS OR USE ANY PART OF THE SERVICE OR OUR SITE.

The Effective Date of this Privacy Policy is set forth at the top of this webpage. BoardPaq reserves the right to modify or change this Privacy Policy at any time by posting the revised Privacy Policy on this Site showing the effective date of the revised Privacy Policy, or by providing notice to the Administrator of your Company Account when they log in to the Service, by emailing Administrators of the affected Company Accounts, or by other reasonable means. The most current version of this Privacy Policy can be reviewed by clicking on the "Privacy Policy" hypertext link located on the Site. Your continued access to and/or use of the Site and/or Service after BoardPaq posts any revised Privacy Policy constitutes your agreement to any such revised Privacy Policy.

INFORMATION WE COLLECT

Personal Information: We may collect Personal Information in connection with use of the Site or Service. "Personal Information" means information that directly or indirectly identifies an individual or can be used to authenticate an individual. Personal Information may consist of information about you, other Authorized Users, or other persons; and may be provided by the Company, by the Administrator, by you, or by other Authorized Users.

The Company and/or Authorized Users may upload, post or contribute information to or through the Service, whether as an image, video, audio, text, or otherwise. Content consists of information, documents, and other materials uploaded or submitted for a Company Account by Company and/or the Administrator(s) for that Company Account, which content may include for example, board meeting documents, agendas, organizational documents, and other information, documentation and links (including personal information regarding Authorized Users and others) (collectively, "Company Content"); or any content uploaded by an Authorized User to his or her user Account (including for example documents, notes, commentary, etc.) (collectively, "User Content"). We urge you to carefully consider whether to upload Content containing sensitive Personal Information (such as information about personal health or finances) about yourself or any other person. We do not moderate Company Content or User Content, and you submit such Content at your own risk. If the Health Insurance Portability and Accountability Act of 1996 (HIPAA) covers your use of the Service, we will enter into a separate Business Associate Agreement with you that complies with such Act. We may access and use your Company Content and User Content consistent with this Privacy Policy and the Terms of Service.

The Company has the right to (a) except as provided below in this paragraph, access, view, use and copy any content in the User Account of an Authorized User under that Company's Company Account ("User Content"); (b) control an Authorized User's access to User Content and Company Content (including the length of time that such User Content and/or Company Content remains accessible on the Service); and (c) terminate and/or suspend an Authorized User's access to his or her User Account.

The Service permits an Authorized User to keep certain User Content private from the Company ("Private Content"). Private Content includes (i) User Content entered into the "My Notes" feature of the Service, (ii) User Content entered into other areas of the Service designated as "private", if any, and (iii) annotations on documents accessed within the User Account of an Authorized User. Although these annotations are private by default, the Service may include functionality that allows Authorized Users to share selected annotations with other Authorized Users under the same Company Account. Company waives any right it may have, or may now hereafter obtain, to access, view, use and/or copy any Private Content. At the Company's written request, we will disable the "Private Content" features of the Service for use of the Service after such request.

BoardPaq does not have access to Private Content. The Administrator or Authorized User controls all Content uploaded to the Company Account and User Account, as applicable, and controls access or use of any such Content uploaded through the BoardPaq Service.

All Personal Information within Content is subject to the Company's policies and practices on the collection, storage, use and disclosure of Personal Information. We encourage you to review any relevant Company policies and contact the Administrator with any questions.

You can choose not to provide Personal Information to us. However, if you do not provide certain minimal information, you will not be able to create an account so your ability to use the Service may be significantly limited.

Usage Data. We also collect information about an individual's online activity that, by itself, does not identify the individual, such as browser type, operating system and webpages visited, and may also include other technical information about your mobile device, system and application software, and peripherals (collectively, "Usage Data"). Generally, we do not consider Usage Data as Personal Information because Usage Data by itself usually does not identify an individual. However, some forms of Usage Data may be considered to be Personal Information under applicable law.

Personal Information and Usage Data may be linked together. Different types of Usage Data also may be linked together and, once linked, may identify an individual person.

We may combine the information we collect from you with information from other sources and use the combined information as described in this Privacy Policy.

HOW WE COLLECT INFORMATION

We collect information that you provide to us and information we derive from your use of the Site and/or Service. The information that we collect and how we process it depends on how you use and access the Site and Service.

We collect Personal Information and/or Usage Data:

  • When a Company Account or User Account is opened, including account information provided by the Company, the Administrator, or an Authorized User, such as your name and email address, subscription or notification preferences, privileges assigned in the platform, and your role or title within the Company.
  • When you contact us for help, support or information.
  • When you use or interact with the Service, or any time you download or use our iOS App, Android App, or Windows App, or visit or use our Site or use the Web App.
  • When you provide it to us voluntarily.

We may also collect Personal Information and/or Usage Data from our business partners and service providers. In the course of providing services to us, third parties that assist us with our business operations also collect or access information (including Personal Information and Usage Data) about you through the Site and/or Service and share it with us. For example, our vendors collect and share information with us to help us detect and prevent fraud.

We and the service providers that help us to provide the Site and Service use cookies. "Cookies" are small text files sent to, or accessed from, your web browser or your computer's or tablet's storage that contain information about your computer or device, such as a user ID, user settings, and activities conducted while using the Site or Service. Cookies are not themselves personally identifiable, but may be linked to Personal Information that you provide to us through your interaction with the Site or Service. A Cookie typically contains the name of the domain (internet location) from which the Cookie originated, the "lifetime" of the Cookie (i.e., when it expires) and a randomly generated unique number or similar identifier.

We also use Cookies and may use other data collection tools (such as web beacons and server logs), which we collectively refer to as "Data Collection Tools," to provide us with information about the activities of users of the Site and Service, including, among other things, tracking users' navigation such as pages and content viewed, sites and pages visited immediately before using the Site or Service, the time and duration of visits, and search terms entered into a search query. The Site and Service also may use Data Collection Tools to collect information from the device used to access the Site or Service, such as operating system type, browser type, domain and other system settings, as well as the operating system used and the country and time zone in which the computer or device is located. Cookies can also be used to maintain data related to a particular individual, including passwords, although we recommend against having your browser "remember" this information.

We use Data Collection Tools to help improve your experience with the Site and Service, including to customize your experience with the Site and Service; to enable us to analyze technical and navigational information about the Site and Service; and to help to detect and prevent fraud.

Web browsers allow some control of most Cookies through the browser settings. If you would prefer not to accept Cookies, you can modify the settings on your specific web browser. You may refer to your browser's online help feature or the user's manual for instructions on how to control Cookies. Some web browsers (including some mobile web browsers) provide a private or in cognito mode that clears browser storage including Cookies after use or alert a user when a Cookie is placed on the user's computer, tablet or mobile device. Most mobile devices also offer settings to reject mobile device identifiers. Blocking or rejecting Cookies will prevent access to the Service.

Our advertising management partners use Data Collection Tools through our Site (but not in the Service itself) to record the actions of Site visitors, to measure statistics of our marketing efforts, to deliver advertisements about BoardPaq products and services that may be more relevant to individual visitors, and to improve visitors' experience on the Site.

We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance ("Principles"). This means that we allow users to exercise choice regarding the collection of information about their online activities over time and across third-party websites for online interest based advertising purposes. More information about these Principles can be found at http://www.aboutads.info/principles/.

Users may "opt out" of receiving online interest-based advertisements by following the instructions at www.aboutads.info/choices or www.networkadvertising.org/choices/. After opting out, an "opt-out" Cookie will be placed on the user's device indicating that the user does not want to receive interest-based advertisements. If a user deletes Cookies generally, the user will need to opt-out again.

Opting out of interest-based advertising does not mean users will no longer see advertisements from us; rather, opting out means that the online ads presented will not be based on the user's particular interests.

In addition, even after opting out of receiving interest-based advertisements, Data Collection Tools on the Site may collect information about users' activities on the Site, including for analytics, fraud prevention and any other purpose permitted under the Principles.

HOW INFORMATION IS USED

You agree that we may use your Personal Information and Usage Data that we collect to operate, improve, and/or personalize the Site and Service. Without limiting the foregoing, you agree that we may use your Personal Information as follows:

  • To operate, improve and personalize the Site and Service
  • To help us run and maintain our Site and Service, customize user experience, study traffic patterns, and generally learn about the usage of the Site and Service
  • To facilitate the provision of software updates, product support and other services to you (if any), and to improve our products or to provide services or technologies to you
  • To provide use of and access to the Site and Service
  • To customize, measure and improve the Site and Service
  • To provide services requested by you
  • To provide support and service
  • To prevent, detect, and investigate fraud, security breaches, and potentially prohibited or illegal activities
  • To prevent, detect, and investigate activities we have reason to believe may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of our Site and Service, or anyone else who could be harmed by such activities
  • To comply with any court order or request of a governmental agency and when we reasonably believe that the law requires it
  • To enforce our Terms of Service, Privacy Policy, EULA, or other applicable policies
  • To respond to emails, to send notifications (from us or your Administrator), to provide customer support, to establish your account, and to communicate with you about the Site or Service
  • For any other lawful purposes and in the manner described when we collect the information
We may use information about Administrators, including information that may be considered Personal Information about them, for purposes of billing, providing notices, and other account administration.

We may provide your Personal Information to our affiliates or third parties who provide services to us and who agree to maintain the confidentiality of such information consistent with this Privacy Policy. Third party service providers and our affiliates to whom we provide access to your Personal Information are also required to comply with our Security Policies (available at https://www.boardpaq.com/security). Those third parties may provide a variety of services to us, including, without limitation, hosting the Site or Service, providing technical support, processing and storing your information, updating your customer information records in our database (including both physical address, email address and/or phone number verification), and sending or coordinating the sending of marketing communications related to BoardPaq products or services on our behalf.

If you are an Authorized User, your Personal Information may be shared with the Company, Administrator(s), other Authorized Users associated with the Company Account under which your User Account exists, and others as designated by the Administrator(s) of your account and the Company, and your device information may be shared with the Company and Administrator(s), and others as designated by the Administrator(s) and the Company.

We may disclose and/or transfer information about you, including your Personal Information, in connection with a merger, sale, reorganization, acquisition or other change of ownership or control involving BoardPaq or any affiliated entity (in each case whether in whole or in part). In such transactions, Personal Information generally is one of the transferred business assets but will remain subject to the promises made in the then-applicable BoardPaq Privacy Policy. Also, in any such transaction, Personal Information may be one of the transferred assets.

We will not sell or provide your Personal Information to any third party for direct marketing services or for advertising or marketing goods or services provided by a third party. Also, with respect to Personal Information provided by an Administrator or other Authorized User about you or others, we will limit access to such information to personnel of BoardPaq who need to know such information for purposes of providing the Site and Service.

RETENTION OF INFORMATION

Upon termination of the Company's Subscription, information will be available to users as described in the Terms of Service. In general, we retain information as long as it is necessary and relevant for our operations. In addition, we retain Personal Information and other information to comply with applicable law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Service, collect any fees owed and other actions permitted by law. After it is no longer necessary for us to retain information, we dispose of it according to our data retention and deletion policies.

LINKED SITES

Content provided by Authorized Users may contain links to third-party websites and services ("Third Party Services") with which we have no affiliation. A link to any Third Party Service does not mean that we endorse it or the quality or accuracy of information presented on it. If you decide to visit a Third Party Service, you are subject to its privacy policy and practices and not this Privacy Policy. We encourage you to carefully review the legal and privacy notices of all other digital services that you visit. We are not responsible for any actions or policies of such parties.

PRIVACY OF CHILDREN

The Site and Service are intended for general audiences. We do not intentionally collect personal information from users of the Site or Service who are under the age of thirteen. Consistent with the requirements of the Children's Online Privacy Protection Act (COPPA), if we learn that we have received any information directly from a child under age 13 without first receiving his or her parent's verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Site or Service and subsequently we will delete that information.

UPDATING YOUR INFORMATION

Administrators can change their password, the passwords for Authorized Users, and other personal preferences used with the Service by accessing their administrative page on the Web App.

If at any time you would like to access, modify, or delete your personal information (including your email address), you may contact your Administrator.

SECURITY

Our Security Policy is available at https://www.boardpaq.com/security or by contacting us at:

BoardPaq, LLC
112 South Main Street
Saint Charles, MO 63301
Email: support@BoardPaq.com

Please also refer to the Terms of Service for additional information about our security measures. Notwithstanding our security measures or anything else in this Privacy Policy, information transmitted on the Internet and/or stored on systems attached to the Internet such as ours is not 100% secure. As a result, we do not ensure, warrant or guarantee the security or integrity of such information. We will not be responsible for disclosure or misuse of any information due to errors in transmission or the unauthorized acts of third parties. We will notify the Administrator of the Company Account if we learn of or reasonably suspect that the Company's confidential or proprietary information or Authorized Users' Personal Information on our Site or Service has been accessed and/or disclosed in an unauthorized fashion.

CONTACT INFORMATION

The Site and Service are owned and operated by BoardPaq, LLC. Please send any questions or concerns regarding our Privacy Policy to:

BoardPaq, LLC
112 South Main Street
Saint Charles, MO 63301
Email: support@BoardPaq.com