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Backbar Terms of Service

 

Last Modified: March 15, 2019

 

PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY

 

This is a contract between you (the Customer) and us (Backbar). It describes the services we will provide to you, how we will work together, and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese”, but we have tried to make it as readable as possible. These terms are so important that we cannot provide our products and services to you unless you agree to them. By using the Subscription Service or any other Backbar service, you are agreeing to these terms.

We periodically update these terms. If you have an active Backbar subscription, we will let you know when we do via an email or in-app notification.

 

A. DEFINITIONS

"Agreement" means these Customer Terms of Service and all materials referred or linked to in here. 

“Paid Users” means those types of Users (defined below) for which we charge you fees.

"Billing Period" means the period for which you agree to prepay fees under an Order Form, which will be the same as or shorter than the Subscription Term. For example, if you subscribe to the Subscription Service for a one (1) year Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.

"Communication Services" means third-party forums, online communities, blogs, web pages, calendars, and/or other social media communication facilities linked to or from the Subscription Service that enable you to communicate with the public or with a private group.

“Confidential Information” means all information provided by you or us ("Discloser") to the other (“Receiver”), whether orally or in writing that is designated as confidential. Confidential Information will include Customer Data and information about the Discloser’s business plans, technical data, and the terms of the Order.  Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Receiver before receipt from the Discloser.

"Consulting Services" means the professional services provided to you by us, which may include training services, installation, integration or other consulting services.

“Crowdsourced Data” means the information you submit to us to add or update the data in certain properties in our beverage database. Crowdsourced Data will not be considered Customer Data or Confidential Information for purposes of this Agreement.

"Customer Data" means all information that you submit or collect via the Subscription Service. Customer Data does not include Enrichment Data.

"Customer Materials" means all materials that you provide or post, upload, input or submit for public display through the Subscription Service.

“Enrichment Data” means the data we make available to you as part of the Subscription Service and Crowdsourced Data.  Enrichment Data does not include personally identifiable information. We may obtain Enrichment Data from public or >third party sources and our internal data processes provided from Customer Data.

“Free Services” means the Subscription Service or other products or features made available by us to you on an unpaid trial or free basis.

"Backbar Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Subscription Service or Consulting Services, including Enrichment Data.

"Order" or "Order Form" means the Backbar-approved form or online subscription process by which you agree to subscribe to the Subscription Service and purchase Consulting Services. Most Orders are completed through our online payment process or via in-app purchase.

"Sensitive Information" means (a) credit or debit card numbers; personal financial account information; Social Security numbers or local equivalents; passport numbers; driver’s license numbers or similar identifiers; passwords; racial or ethnic origin; physical or mental health condition or information; or other employment, financial or health information, including any information subject to the Health Insurance Portability and Accountability Act, the Payment Card Industry Data Security Standards, and other regulations, laws or industry standards designed to protect similar information; and (b) any information defined under EU data protection laws as ‘Sensitive Personal Data’.

"Subscription Fee" means the amount you pay for the Subscription Service.

"Subscription Service" means all of our web-based applications, tools and platforms that you have subscribed to by an Order Form or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via http://backbar.app or another designated URL, and any ancillary products and services, including website hosting, that we provide to you.

"Subscription Term" means the initial term of your subscription to the applicable Subscription Service, as specified on your Order Form(s), and each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.

"Third-Party Products" means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Subscription Service. These products and services include non-Backbar apps, integrations, links made available through the Subscription Service and non-Backbar services.

"Third-Party Sites" means third-party websites linked to from within the Subscription Service, including Communications Services.

"Users" means your employees, representatives, consultants, contractors or agents who are authorized to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service.

“Venue Locations” means the physical locations that belong to your company or organization that use the Subscription Service. Any location with a unique postal address represents an individual Venue Location. Users may choose to have two Venue Locations even if they are located at the same physical address, but shall not use one Venue Location within Backbar for two or more physical locations.

"Backbar", "we", "us" or “our” means the applicable contracting entity as specified in the ‘Contracting Entity and Applicable Law’ section.

"You", "your" or “Customer” means the person or entity using the Subscription Service or receiving the Consulting Services and identified in the applicable account record, billing statement, online subscription process, or Order Form as the customer.

 

B. GENERAL COMMERCIAL TERMS

1.  Access.  During the Subscription Term, we will provide you access to use the Subscription Service as described in this Agreement and the applicable Order. We may also provide you access to use our Free Services at any time by activating them in your Backbar account. We might provide some or all elements of the Subscription Service through third party service providers.

 

2. Additional Features. You may subscribe to additional features of the Subscription Service by placing an additional Order or activating the additional features from within your Backbar account (if this option is made available by us.). This Agreement will apply to all additional Order(s) and all additional features that you activate from within your Backbar account.

 

3. Availability. We try to make the Subscription Service available 24 hours a day, 7 days a week, except for planned down-time for maintenance.

 

4. Consulting Services. You may purchase Consulting Services by placing an Order with us. Fees for these Consulting Services are in addition to your Subscription Fee. If you purchase Consulting Services that recur, they will be considered part of your subscription and will renew in accordance with your subscription. 

All Consulting Services are performed remotely, unless you and we otherwise agree. We might provide some or all elements of the Consulting Services through third party service providers.  Consulting Services are non-cancellable and all fees for Consulting Services are non-refundable.

 

5. Fees and Payments

a. Subscription Fees. The Subscription Fee will remain fixed during the Subscription Term unless you: (i) increase the number of your Venue Locations, (ii) upgrade products or base packages, (iii) subscribe to additional features or products, or (iv) unless otherwise agreed to in the Order.

b. Fee Adjustments During a Billing Period. The Subscription Fee will increase during the course of a Billing Period if you increase the number of Venue Locations or upgrade to a higher tier plan.

c. No Fee Adjustments for Reducing Services or Plan Tier. When completing an >Order you agree to pre-pay upfront for the billing period based on the number of Venue Locations and plan tier specified on the Order. If you decrease the number of Venue Locations or downgrade to a lower tier plan, your Subscription Fee will not be adjusted until the renewal billing period takes effect. Unless otherwise agreed to in writing, under no circumstances will Backbar provide a refund or credit for Subscription Services paid.

d. Fee Adjustments at Renewal. Upon renewal, your subscription will be adjusted to match the number of Venue Locations actually assigned and the plan tier you are subscribed to at the end of your then-current Subscription Term.

e. Payment by credit card. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

f. Payment against invoice. If you are paying by invoice, we will invoice you no more than forty-five (45) days before the beginning of the Subscription Term and each subsequent Billing Period, and other times during the Subscription Term when fees are payable. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form.

g. Payment Information. You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Organization Management page within your Backbar account. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.

h. Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services. You shall have no liability for any taxes based upon our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state. If you are subject to GST, all fees are exclusive of GST.  If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.

 

6. Use and Limitations of Use

a. Acceptable Use. You will comply with our Acceptable Use Policy ("AUP") which can be found at http://www.getbackbar.com/legal/acceptable-use-policy. 

b. Prohibited and Unauthorized Use. You will not (i) use or launch any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser; (ii) use the Subscription Service in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party's use of the Subscription Service; (iii) attempt to gain unauthorized access to the Subscription Service; (iv) access the Subscription Service other than through our interface; (v) misrepresent yourself or your company affiliation, including, but not limited to, your name, address, phone number or other information; (vi) knowingly create an account with false information, such as creating a fake business, address, user or other information you know to be false; or (vii) use the Subscription Service for any purpose or in any manner that is unlawful or prohibited by this Agreement.

You may not use the Subscription Service if you are legally prohibited from receiving or using the Subscription Service under the laws of the country in which you are resident or from which you access or use the Subscription Service.

You will notify us right away of any unauthorized use of your Users’ identifications and passwords or your account by contacting Backbar support, information for which is available at http://support.getbackbar.com.

c. No Sensitive Information. YOU AGREE NOT TO USE THE SUBSCRIPTION SERVICE TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. WE WILL NOT HAVE ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF THE SUBSCRIPTION SERVICE TO COLLECT OR MANAGE SENSITIVE INFORMATION.

d. Use of Communication Services. You agree to use Communication Services only in compliance with any terms of use specified by each Communication Service. We do not control the content, messages or information found in the Communication Services. We will not have any liability with regards to the Communication Services and any actions resulting from your use of the Communication Services.

e. Third-Party Sites and Products. Third-Party Sites and Products are not under our control. Third-Party Sites and Products are provided to you only as a convenience, and the availability of any Third-Party Site or Product does not mean we endorse, support or warrant the Third-Party Site or Product.

 

7. Subscription Term, Termination, Suspension 

a. Term and Renewal. Your initial subscription period will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the subscription period, or one year. To prevent renewal of the subscription, the required notice must be provided within the timeframe as specified in the ‘Subscription Types’ section below.  

The renewal pricing set forth in your Order will apply, subject to adjustment as specified in the ‘Fees and Payments’ section above. If renewal pricing is not included in your Order, then our standard pricing available on our website on the date of renewal will apply. If you use our Free Services, we will make the Free Services available to you free of charge until earlier of (a) the date on which your free subscription is terminated or (b) the start date of your paid subscription.

b. No Early Termination; No Refunds. The Subscription Term will end on the expiration date and the subscription cannot be cancelled early. We do not provide refunds if you decide to stop using the Backbar subscription during your Subscription Term.

c. Termination for Cause. Either party may terminate this Agreement for cause, as to any or all Subscription Services: ( i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers. This Agreement may not otherwise be terminated prior to the end of the Subscription Term.

d. Suspension for Prohibited Acts. We may suspend any User’s access to any or all Subscription Services without notice for use of the Subscription Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement.  We may, without notice, review, edit and delete any Customer Data or Customer Materials that we determine in good faith violate these terms or the AUP, provided that, we have no duty to prescreen, control, monitor or edit your Customer Data or Customer Materials.

e. Suspension for Non-Payment. We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services ten (10) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service.

f. Suspension and Termination of Free Services. We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity.

g. Effect of Termination or Expiration.   If your paid subscription is terminated or expires, we will continue to make available to you our Free Services provided however, this may not be the case if your Agreement was terminated for cause. You may request the deletion of your Backbar account after expiration or termination of your subscription by sending an email to our support or submitting a support request through our support ticket system. You will continue to be subject to this Agreement for as long as you have access to a Backbar account.

Upon termination or expiration of this Agreement, you will stop all use of the Subscription Service and Backbar Content, and if we request, you will provide us written confirmation that you have discontinued all use of Enrichment Data (unless, of course, you have a source other than the Subscription Service for such Enrichment Data.) We may or may not provide you the opportunity to retrieve Customer Data after termination or expiration, depending on the type of applicable subscription as specified in the ‘Retrieval of Customer Data’ section below. If you terminate this Agreement for cause, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination. If we terminate this Agreement for cause, you will promptly pay all unpaid fees due through the end of the Subscription Term. Fees are otherwise non-refundable.

 

C. SUBSCRIPTION TYPE TERMS

1. Subscription Types. We offer two main types of subscriptions: (1) Full-Service Subscriptions and (2) Free Subscriptions. There are different terms that apply depending on the subscription you purchase, and we cover those differences in this section. Unless otherwise agreed to in an Order, the following subscription types apply to the products specified:

(1) Full-Service Subscriptions: Backbar products for which you pay us a Subscription Fee. This includes different plan tiers of subscriptions which may provide different functionality, products, or user access, and any paid add-ons as provided on an Order.

(2) Free Subscriptions: Backbar products for which you do not pay us a Subscription Fee and that we do not otherwise name in this ‘Subscription Types’ section.

 

2. Limits. The limits that apply to you will be specified in your Order Form, this Agreement or on our website, and for our Free Subscriptions, these limits may also be designated only from within the product itself. As this product is related to alcoholic beverages, you must be at least the minimum age allowed for handling and serving of alcohol in your local jurisdiction, however at a minimum you must be at least 18 years of age.

For our Full-Service Subscriptions, if we make modifications to the limits set forth on our website that would negatively impact you, these modifications will not apply to you until the start of your next renewal Subscription Term. On renewal, the current product usage limits will apply to your subscription, unless you and we otherwise agree.

For our Free Subscriptions, we may change the limits that apply to your use at any time in our sole discretion without notice to you, regardless of whether or not these are used in conjunction with other products or services for which you pay us a fee.

 

3. Downgrades. For our Full-Service Subscriptions, you may downgrade your subscription at the start of your next renewal Subscription Term, as specified in the ‘Fee Adjustments at Renewal’ section above.

 

4. Modifications. We modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience.

For our Full-Service Subscriptions, we will not make changes to the Subscription Service that materially reduce the functionality provided to you during the Subscription Term.

 

5. Customer Support.  If you pay us a Subscription Fee for our products, email and in-app support is included at no additional cost. Unless otherwise specified in your Order or on our Services and Pricing page, phone support is not included. Phone support when applicable is available from 9am to 5pm on weekdays (Central Standard Time), with reduced hours during holidays in the US. For eligible Customers who call outside of these hours or on weekends, we will make reasonable attempts to call you back in a timely fashion if you leave a message on our support phone line. We accept email and in-app support questions 24 Hours per Day x 7 Days per Week. Email and in-app questions can be submitted at http://support.getbackbar.com. We attempt to respond to email and in-app support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time.  We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of Backbar representatives. We reserve the right to prioritize support responses based on plan tiers and with Full-Service Subscriptions getting priority over Free Subscriptions. From time to time we may test or offer additional support options. However, we only guarantee the support options as specified in this Agreement or otherwise listed in your Order.

If you do not pay a Subscription Fee, support is available to you through the Backbar Support website and knowledge base at http://support.getbackbar.com

 

6. Notice of Non-Renewal. Your subscription will automatically renew according to the ‘Term and Renewal’ section above.

Unless otherwise specified in your Order, to prevent renewal of a Full-Service Subscription, you or we must give written notice of non-renewal and this written notice must be received before the next renewal period begins. If you decide not to renew, you may send this non-renewal notice to us by indicating that you do not want to renew by turning auto-renew off by accessing the billing details information in your Backbar account.

To prevent continuation of the Subscription Term of a Free Subscription, you or we may close your account.

 

7. Retrieval of Customer Data.  For our Full-Service Subscriptions, as long as you have paid all fees owed to us, if you make a written request within thirty (30) days after termination or expiration of your subscription, we will provide you with temporary access to the Subscription Service to retrieve, or we will provide you with copies of, all Customer Data then in our possession or control. If we provide you with temporary access to the account, we may charge a re-activation fee. We may withhold access to Customer Data until you pay any fees owed to us. Thirty (30) days after termination or expiration of your Subscription, we will have no obligation to maintain or provide you the Customer Data and may, unless legally prohibited, delete all Customer Data in our systems or otherwise in our control.

For Free Subscriptions, we will not provide you with any access to Customer Data after termination or expiration of your subscription.

 

D. GENERAL LEGAL TERMS

1. Customer Data

a. Limits on Backbar.  We will use Customer Data only in order to provide the Subscription Service and Consulting Services to you and only as permitted by applicable law, this Agreement, and our Privacy Policy.

b. Aggregate Data.  We may monitor use of the Subscription Service by all of our customers and use the information gathered, and any Customer Data, in an aggregate and anonymous manner. You agree that we may use and publish such information, provided that such information does not identify you.  We may use Customer Data as part of internal data processes to develop and improve Enrichment Data. With these internal data processes, in no event will Customer Data be disclosed that uniquely identifies a Venue Location. For clarity any data provided to other customers or publicly available will only be in an aggregated and anonymous format.

c. Data Partners. Backbar may partner with third parties or utilize third party software to process, use, supplement, package or sell Aggregate Data and Enrichment Data. It may be necessary for Backbar to share with these partners raw data that identifies individual customers. However, any third party that is in possession of such data must also follow the Aggregate Data terms specified above. Specifically, any Data Partner or other third party that shares, publishes or sells any Backbar data must do so in an aggregated and anonymous format.

d. Safeguards. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Customer Data. You consent to the processing of Customer Data in the United States.

 

2. Backbar’s Proprietary Rights. This is an Agreement for access to and use of the Subscription Service, and you are not granted a license to any software by this Agreement. The Subscription Service and Consulting Services are protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Backbar Content, the Subscription Service, or the Consulting Services in whole or in part, by any means, except as expressly authorized in writing by us.

If we make Enrichment Data available to you, then you may only use that Enrichment Data in connection with your use of the Subscription Service (unless, of course, you have a source other than the Subscription Service for such Enrichment Data.) Enrichment Data may be made available to you based on Customer Data and will be used as described in the 'Aggregate Data' section above. The Enrichment Data we provide may be provided from or through third party service providers or public sources.

We encourage all customers to comment on the Subscription Service or Consulting Services, provide suggestions for improving it, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Subscription Service or Consulting Services, without payment or attribution to you.

 

3. Customer’s Proprietary Rights. As between the parties, you own all of your Customer Materials and Customer Data. This includes any data you upload or submit to Backbar, except that data which is covered by Crowdsourced Data. This Agreement does not grant us any ownership rights to Customer Materials or Customer Data. You grant Backbar, our licensors and partners a fully paid-up, perpetual, worldwide, non-exclusive, non-transferable license to use the Customer Materials and Customer Data only as necessary to provide the Subscription Service and Consulting Services to you, to generate Aggregate Data, and as permitted by this Agreement.

 

4. Confidentiality. The Receiver will: ( i) protect the confidentiality of the Confidential Information using the same degree of care that it uses with its own confidential information of similar nature, but with no less than reasonable care, (ii) not use any Confidential Information for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information to any third party (except our third party service providers), and (iv) limit access to Confidential Information to its employees, contractors, advisors and agents. Upon notice to the Discloser, the Receiver may disclose Confidential Information if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.

 

5. Publicity. You grant us the right to add your name and company logo to our customer list and website.

 

6. Indemnification. You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) unauthorized or illegal use of the Subscription Service by you, (b) your noncompliance with or breach of this Agreement, (c) your use of Third-Party Products, or (d) the unauthorized use of the Subscription Service by any other person using your User information. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

 

7. Disclaimers; Limitations of Liability

a. Disclaimer of Warranties. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SUBSCRIPTION SERVICE, DATA MADE AVAILABLE FROM THE SUBSCRIPTION SERVICE, BACKBAR CONTENT, OR THE CONSULTING SERVICES FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION SERVICE, BACKBAR CONTENT AND CONSULTING SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SUBSCRIPTION SERVICE AND THE CONSULTING SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

b. No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES; PROVIDED THAT, THIS LIMITATION SHALL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES.

c. Limitation of Liability. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY WILL BE LIMITED TO THE LESSER OF FIVE THOUSAND U.S. DOLLARS OR THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID FOR THE SUBSCRIPTION SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM; PROVIDED HOWEVER, THIS LIMITATION SHALL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES, AND IN THIS CASE, IF WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE FREE SERVICES, THEN OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS.

d. Third Party Products. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.

e. Agreement to Liability Limit. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SUBSCRIPTION SERVICE TO YOU.

 

8. Miscellaneous

a. Amendment; No Waiver. We may update and change any part or all of these Customer Terms of Service, including the fees and charges associated with the use of the Subscription Service (but, your fees and charges won’t change during the Subscription Term except as we explain in the ‘Fees and Payments’ section above.) If we update or change these Customer Terms of Service, the updated Customer Terms of Service will be posted at http://www.getbackbarcom/legal/terms-of-service and we will let you know via email or in-app notification. The updated Customer Terms of Service will become effective and binding on the next business day after it is posted. When we change these Customer Terms of Service, the "Last Modified" date above will be updated to reflect the date of the most recent version.  We encourage you to review these Customer Terms of Service periodically.

If you do not agree with a modification to the Customer Terms of Service, you must notify us in writing within thirty (30) days after receiving notice of modification. If you give us this notice, your subscription will continue to be governed by the terms and conditions of the Customer Terms of Service prior to modification for the remainder of your current term. Upon renewal, the Customer Terms of Service published by us on our website will apply.

No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.

b. Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

c. Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

d. Relationship of the Parties. You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.

e. Compliance with Laws. We will comply with all U.S. state and federal laws (where applicable) in our provision of the Subscription Service, the Consulting Services and our processing of Customer Data. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will comply with all laws in your use of the Subscription Service and Consulting Services, including any applicable export laws.

f. Severability. If any part of this Agreement or an Order Form is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

g. Notices. Notice will be sent to the contact address set forth herein, and will be deemed delivered as of the date of actual receipt.

To Backbar LLC, 372 W Ontario St Ste 301, Chicago, IL U.S.A., Attention: General Counsel.

To you: your address as provided in our Backbar Subscription account information for you. We may give electronic notices by general notice via the Subscription Service and may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you or through the notifications center of the Subscription Service. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you. You must keep all of your account information current.

h. Entire Agreement. This Agreement (including each Order), along with our Privacy Policy and AUP, is the entire agreement between us for the Subscription Service and Consulting Services and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of the Subscription Service or dependent on any oral or written public comments made by us regarding future functionality or features of the Subscription Service. We might make versions of this Agreement available in languages other than English.  If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.

i. Assignment. You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, without our prior written consent, which will not be unreasonably withheld. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.

j. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any >third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

k. Contract for Services. This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, shall not apply to this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement or the rights and obligations of the parties under this Agreement.

l. Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.

m. Survival. The following sections shall survive the expiration or termination of this Agreement: 'Definitions’, ‘Fees and Payments’, 'Prohibited and Unauthorized Use', ‘No Early Termination; No Refunds’, ‘Termination for Cause’, ‘Suspension for Prohibited Acts’, ‘Suspension for Non-Payment’, ‘Suspension for Present Harm’, ‘Suspension and Termination of Free Services’, ‘Effect of Termination or Expiration’, ‘Retrieval of Customer Data’, ‘Backbar’s Proprietary Rights’, ‘Customer’s Proprietary Rights’, 'Confidentiality’, ‘Publicity’, ‘Indemnification’, ‘Disclaimers; Limitations of Liability’, ‘Miscellaneous’ and ‘Contracting Entity and Applicable Law’.

n. Precedence. In the event of a conflict between the terms of the Customer Terms of Service and an Order, the terms of the Order shall control, but only as to that Order.

 

9. Applicable Law. This Agreement is governed by the laws of the state of Illinois, U.S.A. without reference to conflicts of law principles. Both parties consent to the exclusive jurisdiction and venue of the courts in Cook County, Illinois, U.S.A. for all disputes arising out of or relating to the use of the Subscription Service or the Consulting Services.  

10. EU Data Processing.  To the extent that Backbar processes any Personal Data as part of Customer Data that is subject to the General Data Protection Regulation (the “GDPR”), on Customer’s behalf, in the provision of the services hereunder, the terms the Standard Contractual Clauses adopted by the European Commission shall apply, which provide adequate safeguards with respect to the personal data processed by us under this Agreement. You acknowledge in all cases that Backbar acts as the data processor of Customer Data and you are the data controller of Customer Data under applicable data protection regulations in the European Union and European Economic Area.

 

 

Backbar Terms of Service and Legal Policies

Terms of Service: http://www.getbackbar.com/legal/terms-of-service

Acceptable Use Policy: http://www.getbackbar.com/legal/acceptable-use-policy

Privacy Policy: http://www.getbackbar.com/legal/privacy-policy


Acceptable Use Policy

 

Last Modified: March 15, 2019

 

This Backbar Acceptable Use Policy ("AUP") applies to the use of any product, service or website provided by us (Backbar), whether we provide it directly or use another party to provide it to you (each, a "Backbar Service"). This AUP is designed to ensure compliance with the laws and regulations that apply to the Backbar Service. This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the Backbar Service unless you agree to them. By using the Backbar Service, you are agreeing to these terms.

 

If you are using any Backbar Service, this AUP applies to you. Every user of ours agrees to abide by this AUP and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, such as monitoring accounts, using public sources or verifying information provided. We may also suspend or terminate your use of Backbar Services pursuant to our Customer Terms of Service for violations of this AUP.

 

We periodically update these terms and we will let you know when we do through the Notification app in the Backbar portal used to access your Backbar subscription (if you have one), or by posting a revised copy on our website. You agree to review the AUP on a regular basis and always remain in compliance.

 

1. Reporting Suspected Violations

We encourage recipients of email messages sent using the Backbar Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to us. Information on how to contact us can be found at http://support.getbackbar.com

If you know of or suspect a violation of this AUP, you will promptly notify us in writing of the known or suspected violation of this AUP.

 

2. Prohibited User Actions

a. You may not use Backbar to send spam. Spam can be in the form of bulk email or one to one commercial emails.

b. You may not use any misleading or false names, addresses, email address, or subject line.

 

3. No Disruption

You agree not to use the Backbar Service in a way that impacts the normal operation, privacy, integrity or security of another's property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations. You also agree not to use the Backbar Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so. Examples of prohibited actions include (without limitation): hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. You also agree not to use the Backbar Service in a way that causes or may cause any Backbar IP addresses, Backbar domains, or Backbar customer domains to be blacklisted. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.

 

4. Proper Usage of the Backbar Service

You will respect the limits that apply to your use the Backbar Service as specified on your Order or on the Services and Pricing page. We may update or change these Service Limits by updating the Services or Pricing page, so we encourage you to review this page periodically.

In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the Backbar Service with content, or in a manner that:

  • is threatening, abusive, harassing, stalking, or defamatory;
  • is deceptive, false, misleading or fraudulent;
  • is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
  • contains vulgar, obscene, indecent or unlawful material;
  • infringes a third party's intellectual property right(s);
  • publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
  • uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
  • downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
  • falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
  • restricts or inhibits any other user of the Backbar Service from using and enjoying our website and/or the Backbar Service;
  • harvests or otherwise collects information about others, including e-mail addresses, without their consent;
  • violates a legally binding agreement or legal obligation between private parties;
  • is not a good faith use of the service, such as uploading information known to be inaccurate or false; and/or
  • is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and any regulations having the force of law or laws in force in your country of residence.

 

You will use the Backbar Service for your internal business purposes and will not: (i) willfully tamper with the security of the Backbar Service or tamper with our customer accounts; (ii) access data on the Backbar Service not intended for you; (iii) log into a server or account on the Backbar Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Backbar Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Backbar Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Backbar Service or make the Backbar Service available to a third party other than as contemplated in your subscription to the Backbar Service; (vii) use the Backbar Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the Backbar Service without our prior written consent.

 

5. Allowed Industries and Uses

The Backbar Services are intended for use by the hospitality industry and in particular, establishments that serve and sell food and/or beverages. This includes restaurants, bars, hotels, casinos, private clubs, and other types of businesses that include on premise establishments for selling food and beverages.

 

Backbar may only be used by commercial businesses or non-profit organizations that sell food and/or beverages. Use of the Backbar Services for personal use, or by businesses or organizations that do not sell food and/or beverages, is strictly prohibited, unless you obtain prior written authorization to use Backbar Services.

Users may not misrepresent themselves or their purported company or organization in order to access Backbar Services or products. This includes individuals working on behalf of, employed by, or in furtherance of, competitors of Backbar. Competitors are defined as any company that primarily develops or sells software to the hospitality industry.

 

Backbar may review your user and organization accounts and verify the information you provided is accurate. Backbar may use publicly available information to verify accuracy or attempt to contact the company or representatives of the company, to verify the accuracy. Backbar may, at its own discretion, suspend or cancel accounts that it believes were created under false or misleading pretenses or where the information cannot be confirmed.

 

Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or the Backbar Service, or any identifier or tag generated by the Backbar Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.

 

6. General Terms

We may immediately suspend your access to the Backbar Service if you breach this AUP or don’t respond to us in a reasonable period after we’ve contacted you about a potential breach of this AUP. We may also suspend your access as we explain in our Customer Terms of Service and, if you breach this AUP, we may terminate your subscription agreement for cause. You acknowledge we may disclose information regarding your use of any Backbar Service to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential.

 

We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights.

 

We may update and change any part or all of this AUP. If we update or change this AUP, the updated AUP will be posted at http://www.getbackbar.com/legal/acceptable-use-policy. If you have a Backbar subscription, we will we will let you know through the Notification app in the Backbar portal used to access your Backbar subscription. If you do not have a Backbar subscription, we will let you know by posting the revised copy on our website. When we change this AUP, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this AUP periodically.

 

Backbar Terms of Service and Legal Policies

Terms of Service: http://www.getbackbar.com/legal/terms-of-service

Acceptable Use Policy: http://www.getbackbar.com/legal/acceptable-use-policy

Privacy Policy: http://www.getbackbar.com/legal/privacy-policy


Backbar Privacy Policy

 

Last Modified: March 15, 2019

 

We at Backbar (Backbar LLC and our affiliates) are committed to protecting your privacy. This Privacy Policy applies to both our Websites (www.getbackbar.com, www.backbar.app) and our Subscription Service (the Subscription Service), including our associated mobile applications (Mobile Apps) owned and controlled by Backbar. This Privacy Policy governs our data collection, processing and usage practices. It also describes your choices regarding use, access and correction of your personal information. If you do not agree with the data practices described in this Privacy Policy, you should not use the Websites or the Subscription Service.

 

We periodically update this Privacy Policy. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice by sending you an email notification, or if you subscribe to the Subscription Service, through the Notification app in your Backbar portal. While we will notify you of any material changes to this Privacy Policy prior to the changes becoming effective, we encourage you to review this Privacy Policy periodically.

 

If you have any questions about this Privacy Policy or our treatment of the information you provide us, please write to us by email at privacy@getbackbar.com or by mail to Backbar LLC, 372 W Ontario St Ste 301, Chicago, IL 60654, USA, Attn: Privacy.

 

 

1. Use of the Subscription Service by Backbar and our Customers

The Backbar Subscription Service

 

Our online Subscription Service allows any company that uses it to manage their food and beverage programs. The information added to the Subscription Service, either by site visitors providing their contact information or when a Subscription Service user adds the information, is stored and managed on our service providers' servers. This information is then used to contact visitors about their interest in the company's goods or services and interact with the company.

 

Use by Our Customers

 

Our customers use the Subscription Service to manage their food and beverage programs, which may include creating menus or providing other public-facing information or interactions. Backbar does not control the content of these menus. That information belongs to them and is used, disclosed and protected by them according to their privacy policies and is not subject to this Privacy Policy. Backbar processes our customers' information as they direct and in accordance with our agreements with our customers, and we store it on our service providers' servers, but we do not have control over its collection or management. We have no direct relationship with individuals who provide Personal Information to our customers. Backbar acknowledges that you have the right to access your Personal Information. Our customers control and are responsible for correcting, deleting or updating information they have collected from you using the Subscription Service. If requested to remove data we will respond within a reasonable timeframe. We are not responsible for our customers' use of information they collect on the Subscription Service.

 

"Sensitive Information"

 

This refers to credit or debit card numbers, personal financial account information, Social Security numbers, passport numbers, driver's license numbers or similar personal identifiers, racial or ethnic origin, physical or mental health condition or information, or other employment, financial or health information.

 

2. Information We Collect

When You Visit our Websites

 

You are free to explore the Websites without providing any Personal Information about yourself. When you visit the Websites or register for the Subscription Service, we request that you provide Personal Information about yourself, and we collect Navigational Information.

 

When You Use our Mobile Application

 

We use mobile analytics software to allow us to better understand the functionality of our Mobile Apps on your mobile device. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. In addition to information we collect on our Websites, when you use our Mobile >Apps we may also collect your city location, device model and version, device identifier (or “UDID”), OS version, and your Backbar Subscription Service credentials.

 

We send push notifications from time to time in order to update you about events or promotions. If you no longer wish to receive such communications, you may turn them off at the device level.

 

We may link information we store within the analytics software to Personal Information you submit within the Mobile App. We do this to improve services we offer you and improve our marketing, analytics and site functionality.

 

"Personal Information"

 

This refers to any information that you voluntarily submit to us and that identifies you personally, including contact information, such as your name, e-mail address, company name, address, phone number, and other information about yourself or your business. Personal Information can also include information about any transactions, both free and paid, that you enter into on the Websites, and information about you that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, or publicly available information that we acquire from service providers.

 

Personal Information also includes Navigational Information or Payment Information where such information can directly or indirectly identify an individual. Navigational information refers to information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed. Please see the "Navigation Information" section below. Payment information refers to information that is necessary for us to process payments and help prevent fraudulent payments, such as credit card and bank account information and billing address. We collect and process payment information from you when you subscribe to the Subscription Service, including credit cards numbers and billing information, using third party PCI-compliant service providers. Except for this, we do not collect Sensitive Information from you.

 

Log Files

 

When you use our services or view content provided by us, we automatically collect information about your computer hardware and software. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. This information is used by Backbar for the operation of the Subscription Service, to maintain quality of the Subscription Service, and to provide general statistics regarding use of the Backbar Website. For these purposes, we do link this automatically-collected data to Personal Information such as name, email address, address, and phone number.

 

Information we collect from third parties

 

From time to time, we may receive Personal Information about you from third party sources including partners with which we offer co-branded services or engage in joint marketing activities, and publicly available sources such as social media websites.

 

Information About Children

 

The Websites are not intended for or targeted at children under 16, and we do not knowingly or intentionally collect information about children under 16. The Websites are also not intended for anyone who is not of legal age in their respective jurisdiction for selling and serving alcohol. If you believe that we have collected information about a child under 16, please contact us at privacy@getbackbar.com, so that we may delete the information.

 

3. How We Use Information We Collect

Compliance with Our Privacy Policy

 

We use the information we collect only in compliance with this Privacy Policy. Customers who subscribe to our Subscription Services are obligated through our agreements with them to comply with this Privacy Policy.

 

We Never Sell Personal Information

We will never sell your Personal Information to any third party.

 

Use of Personal Information

 

In addition to the uses identified elsewhere in this Privacy Policy, we may use your Personal Information to:

  • improve your browsing experience by personalizing the Websites and to improve the Subscription Service;
  • send information or Backbar content to you which we think may be of interest to you by post, email, or other means and send you marketing communications relating to our business;
  • promote use of our services to you and share promotional and information content with you in accordance with your communication preferences;
  • provide other companies with statistical information about our users -- but this information will not be used to identify any individual user;
  • send information to you regarding changes to our Customer Terms of Service, Privacy Policy (including the Cookie Policy), or other legal agreements
  • meet legal requirements.

 

We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, we do not transfer your Personal Information to the third party.

 

We use the information collected through our Subscription Service by our customers for the following purposes:

  • to provide the Subscription Service (which may include the detection, prevention and resolution of security and technical issues);
  • to respond to customer support requests; and
  • otherwise to fulfill the obligations under the Backbar Customer Terms of Service.

 

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.

 

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.

 

Use of Navigational Information

 

We use Navigational Information to operate and improve the Websites and the Subscription Service. We may also use Navigational Information alone or in combination with Personal Information to provide you with personalized information about Backbar.

 

Customer Testimonials and Comments

 

We post customer testimonials and comments on our Websites, which may contain Personal Information. We obtain each customer's consent via email prior to posting the customer's name and testimonial.

 

Use of Credit Card Information

 

If you give us credit card information, we use it solely to check your financial qualifications and collect payment from you. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.

 

Security of your Personal Information

 

We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. All Personal Information is protected using appropriate physical, technical and organizational measures.

 

Social Media Features

 

Our Websites include Social Media Features, such as the Facebook Like button and Widgets, such as the Share This button or interactive mini-programs that run on our sites. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Websites. This Privacy Policy does not apply to these features. Your interactions with these features are governed by the privacy policy and other policies of the companies providing them.

 

External Websites

 

Our Websites provide links to other websites. We do not control, and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are subject to any privacy and other policies they may have.

 

Retention of Personal Information

 

How long we keep information we collect about you depends on the type of information as described in further detail below.  After such time, we will either delete or anonymize your information or, if this is not possible, then we will securely store your information and isolate it from any further use until deletion is possible.

 

We retain Personal Information that you provide to us where we have an ongoing legitimate business need to do so (for example, as long as is required in order to contact you about the Subscription Service or our other services, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements).

 

When we have no ongoing legitimate business need to process your Personal Information, we securely delete the information or anonymize it or, if this is not possible, then we will securely store your Personal Information and isolate it from any further processing until deletion is possible. We will delete this information from the servers at an earlier date if you so request, as described in "To Unsubscribe from Our Communications" below.

 

If you provide information to our customers as part of their use of the Subscription Service, our customers decide how long to retain the personal information they collect from you. If a customer terminates its use of the Subscription Service, then we will provide customer with access to all information stored for the customer by the Subscription Service, including any Personal Information provided by you, for export by the customer according to our agreement with our customer. After termination, we may, unless legally prohibited, delete all customer information, including your Personal Information, from the Subscription Service.

 

If you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our content, products, or services, such as when you last opened an email from us or ceased using your Backbar account.  We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.

 

4. How we Share Information we Collect

Service Providers

 

We employ other companies and people to provide services to visitors to our Websites, our customers, and users of the Subscription Service and may need to share your information with them to provide information, products or services to you. Examples may include analyzing data or performing statistical analysis, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, and providing customer service or support. In all cases where we share your information with such agents, we explicitly require the agent to acknowledge and adhere to our privacy and customer data handling policies.

 

Backbar Partners

 

In addition, we may share data with trusted partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide customer support. Such third parties are prohibited from using your Personal Information except for these purposes, and they are required to maintain the confidentiality of your information.

 

We partner with trusted third parties to provide you with co-marketing content that we think may be relevant to you. When you engage with these co-marketing partners, we will tell you who we are sharing data with, and provide a link to the co-marketing partner’s privacy policy so you can learn more about how to opt-out of the partner’s communications. These co-marketing partners are required to adhere to our privacy and data protection policies. For more information on our co-marketing program, see this page.

 

Corporate Events

 

If we (or our assets) are acquired by another company, whether by merger, acquisition, bankruptcy or otherwise, that company would receive all information gathered by Backbar on the Websites and the Subscription Service. In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.

 

Compelled Disclosure

 

We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.

 

 

5. Cookies and Similar Technologies

Cookies

 

Backbar and its partners use cookies or similar technologies (such as web beacons) to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. To find out more about how we use cookies on our Websites and how to manage your cookie preferences please see our Cookie Policy.

 

 

Third Party Tracking Technologies

 

The use of cookies and web beacons by any tracking utility company is not covered by our Privacy Policy or Cookie Policy.

 

6. How to Access & Control Your Personal Data

Reviewing, Correcting and Removing Your Personal Information

 

You have the following data protection rights:

  • You can request access, correction, updates or deletion of your personal information.
  • You can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information.
  • If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your personal information.

 

To exercise any of these rights, please contact us at privacy@getbackbar.com or by mail to Backbar LLC., 372 W Ontario St Ste 301, Chicago, IL, 60654, USA, Attention: Privacy. We will respond to your request to change, correct, or delete your information within a reasonable timeframe and notify you of the action we have taken.

 

To Unsubscribe From Our Communications

 

You may unsubscribe from our marketing communications by clicking on the "unsubscribe" link located on the bottom of our e-mails, updating your communication preferences, or by sending us email us at privacy@getbackbar.com or postal mail to Backbar LLC, 372 W Ontario St Ste 301, Chicago, IL, 60654 USA, Attention: Privacy. Customers cannot opt out of receiving transactional emails related to their account with us or the Subscription Service.

 

Contact

Backbar LLC

privacy@Backbar.com

372 W Ontario St Ste 301

Chicago, IL 60654 USA

 

 

Backbar Terms of Service and Legal Policies

Terms of Service: http://www.getbackbar.com/legal/terms-of-service

Acceptable Use Policy: http://www.getbackbar.com/legal/acceptable-use-policy

Privacy Policy: http://www.getbackbar.com/legal/privacy-policy

Backbar © 2019