Privacy Policy

Privacy

At Sidebar Software, Inc. (“Sidebar”) we respect our customers and understand that you are concerned about privacy. Sidebar has posted this Privacy Policy (“Policy”) to let you know what kind of information we collect, how it is handled, and with whom it may be shared.

As we continue to develop our platform, including, without limitation, any website or URL of ours that we have linked to this Privacy Policy (collectively “platform”), and take advantage of technologies to improve the services we offer, this Policy will likely change. We encourage you to refer to this Policy on an ongoing basis, so that you understand our current Privacy Policy. 

Please note that this Privacy Policy applies only to information collected through our platform and not to information collected offline or on websites controlled by our customers or other third parties.

What Information Do We Collect?

a)    Personal Information

We collect various types of “personal information” depending upon how you use our platform, which can include name, email address, and age. You will always know when we are collecting personal information because we only collect personal information when you voluntarily submit it to us. If you do choose to give us personal information through our platform, we will collect and retain that information, and you consent to the transfer and storage of that information on our servers. If you choose not to give us personal information, we may not be able to provide you with any services you may request or require.

b)    Non-Personal Information

When you use our platform, we may also collect "non-personal information," which is information that, by itself, cannot be used to identify or contact you, or technical information (such as your IP address or the type of browser you are using).

c)    Cookies and Similar Technologies

When you visit or interact with our platform, we or our authorized service providers may use cookies, clear gifs, log files, flash cookies and similar technologies for the functioning of our services, to help us improve your performance, or to give you extra functionalities, all with the goal of providing a better experience.

The common types of tracking technologies (collectively “cookies and similar technologies”) used by Sidebar include:

Cookies: A small piece of information sent by a website that is saved in the memory of your computer's browser or device. It holds information a site may need to interact with you and personalize your experience. There are two kinds of cookies: session cookies and persistent cookies.  We typically only use session cookies on Sidebar websites.

Session cookies exist only for as long as you stay on a website or your browser remains open. Once you exit your browser or leave the website, they go away. We use session cookies in some instances to maintain information we need to have in order for you to use our platform, for example, when you are having a chat conversation and navigate between pages.

Cookies can be used by a website to recognize you. But that does not necessarily mean any personal information is stored in the cookies. At Sidebar, we store no personal information about you in the cookies.  Anything you choose to tell us about yourself (such as your email address) is stored on our secured servers.  Please visit www.allaboutcookies.org for more information about cookies and how to disable them.

Web beacons: Small graphic images (also known as "pixel tags" or "clear GIFs") that may be included on our websites, services, applications, or tools, that typically work in conjunction with cookies to identify our users and user behavior.

Similar technologies: Technologies that store information in your browser or device utilizing local shared objects or local storage, such as flash cookies, HTML 5 cookies, and other web application software methods. These technologies can operate across all of your browsers, and in some instances may not be fully managed by your browser and may require management directly through your installed applications or device. We do not use these technologies for storing information to target advertising to you on or off our platform.

Use of Cookies and Similar Technologies by Authorized Third-Party Service Providers

We may work with third-party companies, commonly known as service providers, who are authorized to place cookies and similar technologies on our platform with our permission. These service providers help us to provide you with a better, faster, and safer experience.

These service providers may use cookies and similar technologies to help us deliver content, and compile anonymous site metrics and analytics. We do not authorize any of these service providers to collect any of your personal information on our platform for their own purposes. Third-party cookies and similar technologies are covered by the third parties' privacy policies.

Do Not Track

Sidebar currently does not respond to Do Not Track signals in browsers. While we collect personal information from you as described earlier in this Privacy Policy, we do not collect personal information from you to monitor your online activities across third-party websites or online services (also known as behavioral advertising or interest-based advertising).

How Do We Use Your Information?

a)    Personal Information

If you choose to provide personal information to us, we may use your information in a number of ways, including the following:

·      To respond to messages.

·      To send you notifications of new messages.

·      To improve our platform and customer service.

·      For data processing or storage purposes.

·      For marketing and promotional purposes. For example, we send out emails to our customers about products or events that we think may be of interest to them. We also may send you offers for discounts or free services.

·      We may send you an email offer. We do this only if you have indicated previously that you are willing to receive email offers. Each time we send an email offer, we provide you with the opportunity to opt out of receiving future email offers.

b)    Non-Personal Information

We use the non-personal information we collect to analyze how our platform are being used, and to improve the content on our platform. 

How Do We Share Your Information?

a)    Affiliated Parties

Except as specifically set forth in this Policy, we do not share your personal information with any non-affiliated third party without your permission. We may disclose aggregate information, such as demographic information, and our statistical analyses to third parties, including business partners. This aggregate information does not include your personal information.

b)    Service Providers and Third Parties

Sidebar may share your personal information with outside companies that perform services for Sidebar. For example, we may retain an outside company to manage a database containing certain customer information or to create and distribute an email offering. When we work with an outside party, we require that these parties agree to process your personal information based on our instructions and in compliance with this Policy.  We will take appropriate steps designed to ensure your information will be used solely to provide the services requested by us, and not for other purposes.

c)    Other Disclosures

Additionally, Sidebar may share your personal information when it is necessary to comply with law or to protect our interests or property. This may include sharing your personal information in response to subpoenas, court orders, or legal process, or in order to investigate or take action regarding illegal activities, suspected fraud, Terms of Use violations, or as otherwise required by law.

Is My Information Secure?

Sidebar is committed to doing its best to maintain the security of information collected on our platform. To try to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have implemented physical, electronic, and managerial procedures to safeguard and secure the information we collect.

There is always some risk in transmitting information electronically. As we deem appropriate, we use security measures consistent with industry standards. However, we cannot guarantee the security of our databases, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet.

Access and Corrections

You may contact us any time at [email protected] to: 1) see what personal information we have about you, if any, 2) change or correct any personal information we have about you, 3) have us delete any personal information we have about you, 4) express any concern you have about our use of your personal information. It is not technologically possible to change or delete each and every instance of the information we hold on you from our systems, and data may remain in non-erasable or aggregate form. We may retain data for a period in our backup or temporary systems. We may also retain some information for longer periods as required by law, contract, or auditing requirements.

What About Children's Privacy?

It currently is our policy not to knowingly collect personal information from any person under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at [email protected] If we become aware that a child under 13 has provided us with personal information, we will endeavor to delete such information from our files as soon as possible.

Changes

Due to the changing nature of the Internet, Sidebar reserves the right to change this Policy at any time.

Information Received from the European Union or European Economic Area (GDPR)

For personal information received from the European Union or European Economic Area, Sidebar is committed to handling your personal information in accordance with this Policy and the GDPR. If there is any conflict between the terms of this Policy and the GDPR, the GDPR shall govern.

As further explained in the "How Can You Contact Us?" section below, we encourage you to contact us should you have a GDPR-related (or general privacy-related) complaint.

Information Received from Switzerland

For personal information received from Switzerland, Sidebar is committed to handling your personal information in accordance with this Policy and the principles of the U.S.-Swiss Safe Harbor as administered by the U.S. Department of Commerce.

How Can You Contact Us?

If you have any questions or comments about this Policy, please use the Contact form or send an email to [email protected]  Complaints will be resolved internally in accordance with Sidebar complaints procedures. If you live in the European Union, European Economic Area, or Switzerland and efforts to resolve the matter internally are unsatisfactory, the complaint may be submitted to the American Arbitration Association (http://www.adr.org), which has been selected as the independent recourse mechanism to resolve complaints and disputes relating to treatment of data originating in the European Union, European Economic Area, or Switzerland under this Policy. Sidebar is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

California Residents

Residents of the State of California have the right to request a list of all third parties to which we have disclosed certain information during the preceding year for the third parties' direct marketing purposes.

However, it is our policy to neither disclose personal information, nor to sell such information to third parties for direct marketing purposes.

Your Consent

By using our platform, you consent to our use of the information we collect from you according to this Privacy Policy. This includes our release of information within Sidebar and to our Affiliates, third parties, service providers, and others as described above.


Terms of Use

Purpose and Use

Sidebar Software, Inc. ("Sidebar") permits access to our platform, including, without limitation, any website, URL, or application of ours that we have linked to these Terms of Use (collectively “platform”), free of charge to provide information about Sidebar products and services. By continuing to access or use our websites, users agree to be legally bound and to abide by terms set forth below.

Eligibility

Our platform is intended solely for persons who are 18 or older.  Any access to or use of our platform by anyone under 18 is expressly prohibited.  By accessing or using our platform you represent and warrant that you are 18 or older.

Ownership and Permissions

Customer acknowledges and agrees that as between Sidebar and Customer, all right, title and interest in and to the Sidebar Service (including the data, information, text, images, designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information other than Customer Data) and other content on or made available through the Sidebar Service, other than Customer Data), the Sidebar Technology and all improvements and derivatives of the foregoing (including all intellectual property and proprietary rights embodied therein or associated therewith) are and shall remain owned by Sidebar, and this Agreement in no way conveys any right, title or interest in the Sidebar Service or the Sidebar Technology other than a limited right to use the Sidebar Service in accordance with this Agreement. Sidebar acknowledges and agrees that as between Customer and Sidebar, all right, title and interest in and to the Customer Data are and shall remain owned by Customer or its licensors, and this Agreement in no way conveys any right, title or interest in the Customer Data other than a limited right to use the Customer Data in accordance with the terms and conditions herein. No right or license is granted hereunder to Customer under any trademarks, service marks, trade names or logos. Customer shall not remove any Sidebar trademark, service mark or logo, or any proprietary notices or labels (including any copyright or trademark notices) from the Sidebar Service. Sidebar acknowledges and agrees that as between Customer and Sidebar, all right, title and interest in and to the Customer Data are and shall remain owned by Customer or its licensors, and this Agreement in no way conveys any right, title or interest in the Customer Data other than a limited right to use the Customer Data in accordance with the terms and conditions set forth and agreed to herein.

Fees and Payments

Subscriptions to paid services are available on monthly and yearly subscription plans. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the credit card last used by you. If you would like the payment for the renewal to be made through a different credit card, you agree to update your payment information. Sidebar reserves the right to change the subscription fee by providing you notice 30 days in advance of any pricing change. You will not be charged for using any service unless you have opted for a paid subscription plan.

Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the services upon reasonable belief that you have violated the Terms. Termination of user account will include denial of access to all services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

Account Security

You are responsible for safeguarding the password that you use to access the services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized acts and/or use of your user account, or otherwise. You should immediately notify Sidebar of any unauthorized use of your account.

Responsibility

Sidebar does not monitor all activity on its platform but reserves the right to do so.

(a)  Security

Users are prohibited from violating or attempting to violate the security measures on this site, including, without limitation:

·      Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;

·      Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

·      Sending unsolicited email, including promotions and/or advertising of products or services;

·      Forging any TCP/IP packet header or any part of the header information in any email; or

·      Hijacking all or any part of the website content, deleting or changing any website content, or linking to the platform without our specific written permission.

(b)   General Rule

Users agree to use the platform only for lawful purposes.

(c)  Violations

Sidebar has absolute discretion to determine if any use violates these Terms of Use, and to act as it deems appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. Sidebar will investigate occurrences that may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Internet and Links

It is strictly prohibited to link other sites with our platform without Sidebar’s prior written permission. We may permit some links for convenience, but Sidebar is not responsible for any unaffiliated sites to which it is linked or for material posted to our websites by anyone other than Sidebar. Links to unaffiliated sites or resources do not imply any endorsement by Sidebar of such sites or resources or the content, products, or services available from such sites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such sites or resources.  Sidebar makes no representations or warranties about the content, completeness or accuracy of the links or the sites linked to our platform.  Please note that the site rules and privacy policies of linked sites may differ from those of Sidebar and should be reviewed by you when you access any other site.

Prohibited Uses

It is strictly prohibited to disrupt or damage our websites, their contents or their security measures or to harass or disparage Sidebar or our products or services or personnel. No unsolicited email (spam) may be directed to or through our platform.

Digital Millennium Copyright Act ("DMCA") Notice

Sidebar Software Inc. owns, protects and enforces copyright in its own creative materials and respects the intellectual property of others. Our platform contains materials of third parties and links to third-party sites, portals and directories. As a result, materials of third parties, not owned or controlled by Sidebar, are included in or linked to our platform or are stored or transmitted by or over the Sidebar platform. To the best of Sidebar’s knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement (the next paragraph explains how to give proper notice), Sidebar will respond expeditiously by or disabling access to materials claimed to be infringing or by removing or disabling access to links to such material. It is the policy of Sidebar to terminate its relationships with third parties who repeatedly infringe the copyrights of others where such parties are known to Sidebar to be repeat infringers in connection with their use of the Sidebar platform, links, or storage and communication systems and networks.

How to Provide Notice of Infringement Claims

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sidebar’s Agent for Notice listed below with the following information in a written notice:

(1.) An identification of the copyrighted work (or a list of copyrighted works) that you claim has been infringed upon;
(2.) A description of the material that is claimed to be infringing and provide enough detail that we may find it on our websites;
(3.) Your address, telephone number, and email address;
(4.) A statement that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law;
(5.) A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf; and,
(6.) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.

Sidebar’s designated Agent for Notice of claims of copyright infringement can be reached as follows:

Service Provider: Sidebar Software Inc.
Name of Agent for Notice: Copyright Manager
By mail: 220 Northwest 8th Avenue, Portland, OR 97209

Email: [email protected]  

 

Sidebar follows the procedures outlined in the DMCA with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and where indicated, “putback” of the alleged infringing material.  Refer to the United States Copyright Office for the provisions of the DMCA at www.loc.gov/copyright/legislation/dmca.pdf.

Disclaimers

OUR PLATFORM AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OUR WEBSITES.  WITHOUT LIMITING THE FOREGOING, SIDEBAR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

SIDEBAR MAKES NO WARRANTY THAT THE WEBSITES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  SIDEBAR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITES OR THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SIDEBAR CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITES.

SIDEBAR DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE WEBSITES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.  SIDEBAR DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF OUR WEBSITES.

Indemnity

You agree to defend, indemnify, and hold Sidebar, its owners, subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the websites or content, or your violation of these Terms of Use.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITES AND CONTENT REMAINS WITH YOU. Neither Sidebar nor any other party involved in creating, producing, or delivering the websites or content will be liable for any direct, indirect, incidental, special, exemplary, consequential or other damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, arising out of or in connection with these Terms of Use or from the use of or inability to use the websites or content, whether based on warranty, contract, tort, negligence, product liability or any other legal theory, and whether or not Sidebar has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.  SIDEBAR WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE WEBSITES. In no event will Sidebar’s aggregate liability arising out of or in connection with these Terms of Use or from the use of or inability to use the websites, or content exceed twenty-five U.S. dollars ($25). 

Some jurisdictions do not allow exclusions of liability for certain types of damages.  Accordingly, some of the above limitations may not apply to you to the extent prohibited by law.  In such cases, Sidebar’s liability will be limited to the fullest extent permitted by applicable law. 

If you are dissatisfied with any portion of the websites, or with these Terms of Use or any other policy applicable to the websites, your sole and exclusive remedy is to discontinue using the websites.  This sole and exclusive remedy is separate and independent of any other provision that limits Sidebar’s liability or your remedies.

Applicable Law

Our platform is controlled by Sidebar in Oregon, USA. By using the platform, regardless of where you live or are located in the world, you agree that these Terms of Use and any action related thereto will be governed by the laws of the State of Oregon without regard to its conflict of laws provisions.  The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Oregon, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. 

Acceptance

By using the platform, you accept and are subject to the terms and conditions set forth in these Terms of Use, which govern all use and all results thereof.

Revision

Sidebar reserves the right to make changes to the websites and to the terms and conditions set forth in these Terms of Use at any time and without prior notice.  If we modify these Terms of Use, we will post the modification on the websites.  Your continued use of the platform indicates your acceptance of any modifications to these Terms and Conditions.

Miscellaneous

If any part of the Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The Terms of Use and Privacy Policy constitute the entire agreement between Sidebar and you regarding the websites.

Warning:

ANY USE OF THE SIDEBAR PLATFORM IN VIOLATION OF THESE RULES CONSTITUTES TRESPASS AND/OR INFRINGEMENT OF THE RIGHTS OF SIDEBAR AND MAY RESULT IN LEGAL ACTION AGAINST YOU.