Terms and Conditions

Birchoo confidentiality policy

Effective Date: February 02, 2021

Welcome to Birchoo, the website, data and online campaign management services. This page explains how Birchoo addresses confidentiality of data you submit when using the Service. For a more detailed explanation of how data you share with the Service may be used, please review our Privacy Policy.

Some Birchoo employees have access to account holders' databases and supporter data for means of providing customer support and to resolve any technical issues in conjunction with the Service. Each employee ("employees," or "them") of Birchoo agrees to strict confidentiality provisions that include protection of all Third Party data, as seen below. We take this extremely seriously, any violation of confidentiality is an action for termination and we may take legal action.

Confidential Information

Protection of Information: Employees understand that during the Relationship, the Company intends to provide them with data and information, including Confidential Information (as defined below), without which employees would not be able to perform their duties to the Company. Employees agree, at all times during the term of the relationship and thereafter, to hold in strictest confidence, and not to use, except for the benefit of the Company to the extent necessary to perform their obligations to the Company under the relationship, and not to disclose to any person, firm, corporation or other entity, without written authorization from the Company in each instance, any confidential information that employees obtain, access or create during the term of the relationship, whether or not during working hours, until such confidential information becomes publicly and widely known and made generally available through no wrongful act of the employee or of others who were under confidentiality obligations as to the item or items involved. Employees further agree not to make copies of such confidential information except as authorized by the Company.

Confidential Information: Employees understand that “Confidential Information” means data, information and physical material not generally known or available outside the Company and information and physical material entrusted to the Company in confidence by third parties. Any data and information transmitted by Birchoo to its Customers should not be shared or transmitted without the express consent from Birchoo.

Third Party Information: Agreements in this section are intended to be for the benefit of the Company and any third party that has entrusted information or physical material to the Company in confidence.

Governing Law: The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Minnesota, without giving effect to the principles of conflict of laws.

Data Security

Our Security Measures - We take data security and privacy very seriously. We take reasonable precautions to protect the security of your campaign data and information. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes, or fail to follow policies. Therefore, while we use reasonable efforts to protect your information, we cannot guarantee its security. You are responsible for the security of your data and personal information. You should avoid transmitting personal or sensitive information, such as social security numbers, bank or credit card information.

You understand and agree that we may disclose your information to if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request, or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of service (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of Birchoo, our users or others.

Intellectual Property Rights

Ownership - Ownership of all intellectual property and other rights in the Services and our website, including, but not limited to, the software, design, layout, content, links, and the like shall remain with us and our licensors, developers, and partners, as applicable. All content is protected by copyright and is owned by us or used with permission. We reserve all rights not specifically granted in the terms of service. Any data and information transmitted by Birchoo to its Customers should not be shared or transmitted without the express consent from Birchoo.

Trademarks - Birchoo, its logo, as well as all other trademarks we use are trademarks or registered trademarks of Birchoo LLP or of our licensors. Other than as specifically provided herein, you may not use our trademarks or website contents in any other way, including, but not limited to, that our trademarks may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the content for our website may be retransmitted without our express written consent.

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Services Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark laws, information, and restrictions contained in any Services Content that you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Services Content not owned by you, (i) without the prior consent of the owner of that Services Content or (ii) in a way that violates our or any third party’s rights.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR OR YOUR CAMPAIGNS’, STATES’ OR NATIONS’ USE OF OR INABILITY TO USE THE SITE OR THE SERVICES FOR:

PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OR CORRUPTION DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;
ANY ACTION YOU TAKE BASED ON THE INFORMATION RECEIVED IN THROUGH OR FROM THE SERVICES;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR,
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF (a) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES AND (b) ONE HUNDRED DOLLARS (U.S.). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, OR ANY RELATED SERVICES. THE OPERATION OF SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, OR DELAYS IN OPERATION OR TRANSMISSION. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO THE SERVICE.

Indemnification

You agree to indemnify, defend and hold us and our officers, partners, directors, employees, agents, affiliates, service providers, successors and assigns harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and costs, arising from or relating to (i) your breach of this Agreement; (ii) any user content you submit, post to or transmit through the Service; (iii) your violation of any party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality; or, (iv) any consequences of your use or your states’ or nations’ use of the Privacy Policy.

We’re constantly working to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on our Website or as part of the Services, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them when posted on our website. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Information We Collect About You and How We Collect It

We collect several types of information from and about users, including Personal Information that is about you but individually does not identify you, such as, time and date of visits to our Website, etc.; and/or, about your internet connection, the equipment you use to access our Website and usage details.

We may collect the following personal information from you:

Your name
Your job title
Your email address
Your phone number
Your mailing address
Your employer
Other unique identifiers (including your device's internet protocol (IP) address)

We collect this information:

Directly from you when you provide it to us. When you sign up for the Services, you provide us with information such as your name and email address. In jurisdictions where it is permitted, we may also collect information from your public social media accounts and use it to better provide you with products and services that may be relevant to you.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
From third parties, for example, our business partners.

Information You Provide to Us. The information we collect on or through our Website may include:

Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to or purchasing our services, posting material or requesting further services. We may also ask you for information when you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
Your search queries on the Website.
Information of your customers, users, and visitors, and their customers, users, and visitors which they provide or you obtain through the use of our Services, Website and our platform, including, but not limited to, Personal Information and fundraising and transaction payment data. You are responsible for obtaining any consents and permissions for the collection, storage, processing, disclosure, and transfer of any such information required by applicable law or to allow us to use, process, transfer, etc., such information as set forth in this Privacy Policy (and as revised hereafter).

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Content”). Your User Content is posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.

Cookies (or browser cookies)

A cookie is a small file placed on the hard drive of your computer or mobile device. It may contain certain data, including, but not limited to: the name of the server that has placed it there, an identifier in the form of a unique number, and, an expiration date (some cookies only). Cookies are managed by the web browser on your computer (Internet Explorer, Firefox, Safari or Google Chrome).

Different types of cookies which have different purposes are used on our Website including Essential Cookies, Performance Cookies, Functionality Cookies, Third party cookies, Flash cookies, GIFs and IP Address.