Bonfyre Privacy Policy | Applicable to All Users | Bonfyre

Bonfyre Privacy Policy Applicable to All Users

Last revised May, 2019

PLEASE READ THIS PRIVACY POLICY CAREFULLY before visiting, accessing or using the BONFYREAPP.COM website, the INFO.BONFYREAPP.COM website or the MY.BONFYREAPP.COM website (each, a “Site” and, collectively, the “Sites”) or any of the products, features or services offered by Bonfyre Inc¹., a Delaware corporation (“Bonfyre,” “we,” “us,” “our”) or by third parties integrating Bonfyre functionality (collectively, “Services”). By visiting, accessing and/or using or participating (including by way of responding to a survey, broadcast or other feature included therein) in any of the Sites or the Services, you consent to this Privacy Policy (and to our collection, storage, use and disclosure of your personal and other information as described herein), as well as to the Terms of Use (https://bonfyreapp.com/terms-of-use/).

Collection

General Data
We receive and store personal information that you or others may provide us. “Personal Information” is defined as any information collected and stored under your name or that could be used to identify you. In addition, we receive and store log data (including information which your browser sends when you visit a website or your mobile app sends when you are using it, such as browser type and settings, date and time of a request and cookie data), device information (including device type, operating system, device settings, unique device identifiers and crash data) and usage data and use information regarding your use of any of the Sites and/or our Services and browser information. This information helps us provide the Sites and/or the Services and may also be used for various internal purposes (such as development and improving the Sites and/or the Services).

Location Data
We do not currently collect location information. In the event that in the future we collect location information, then if you have chosen to enable location services, we would automatically receive your location when you use the Services. In the event that, in the future, we collect location information this information helps us provide the Sites and/or the Services and may also be used for various internal purposes (such as development and improving the Sites and/or the Services).

Aggregate Data
We track aggregate statistics internally across particular Bonfyre Communities and across larger portions of the Sites and/or the Services. These statistics sometimes include Personal Information such as your device’s unique identification number (“UDID”) to indicate unique users and usage. This information helps us track and analyze usage and performance of the Sites and/or the Services. We may (and may also work with third parties to) collect, compile, generate and create aggregated, coded, anonymous and/or de-identified data (“NPID”) with respect to particular Bonfyres or across larger portions of the Sites and/or the Services and to perform statistical and other analyses of this NPID and user behavior.

Bonfyre Communities and Sponsored Bonfyre Services
The Sponsor of a Sponsored Bonfyre Community or of a Sponsored Bonfyre Service (defined below) may provide Bonfyre with information (including Personal Information) with regard to the participants and proposed participants. Such information is used for purposes of organizing the applicable Sponsored Bonfyre Community or Sponsored Bonfyre Service and for providing the associated Services in connection therewith. The Sponsor is solely responsible for providing such information and for the use thereof.

Storage

Bonfyre stores all data (including Personal Information) in the United States.

Legal Basis For Processing Personal Information 
(EEA Users And Visitors Only)
If you are a visitor/user located in the European Economic Area (“EEA”), Bonfyre’s Data Protection Officer can be contacted at support@bonfyreapp.com.

Our legal basis for collecting and using the Personal Information 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 or where we need the Personal Information to perform a contract with you (or, in the case of Sponsored Bonfyre Communities or Sponsored Bonfyre Services in which you are a participant or a proposed participant, with the applicable Sponsor), 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 (or from the Sponsor). As noted above, the Sponsor of a Sponsored Bonfyre Community or Sponsored Bonfyre Service is solely responsible for any information (including Personal Information) they provide and for the use thereof.

Use & Sharing

Communication
We may use your Personal Information to communicate with you concerning Bonfyre Services and Bonfyre Communities you choose or may wish to participate in, the Sites and/or the Services (including existing and proposed features) and your use of the Sites and/or the Services. We may also use your Personal Information to assist the Sponsor in organizing a Sponsored Bonfyre Community or Sponsored Bonfyre Service.

We may also use your Personal Information to send information or Content (defined below) to you which we think may be of interest to you by post, email, or other means. We may also send you marketing communications relating to our business and/or promote Bonfyre and/or the use of our services. If you decide at any time that you no longer wish to receive such marketing and promotional communications from us, please follow the unsubscribe instructions provided in any of such communications. You may also opt out from receiving commercial email from us by sending your request to us by email at support@bonfyreapp.com. Please be aware that, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages as well as communications referred to in the preceding paragraph.

The Sponsor of a proposed Sponsored Bonfyre Community or Sponsored Bonfyre Service may utilize Bonfyre broadcast, email or other messaging services to contact you and/or to send you information and Content with regard to the Sponsored Bonfyre Community or Sponsored Bonfyre Service of which you are a proposed or active participant. Although these communications utilize Bonfyre services, they are communications from the Sponsor and the Sponsor is solely responsible for them and for any information (including Personal Information) they provide and for the use thereof.

Content
As part of your use of the Sites or the Services, you may share text, photo, video and other content (“Content”) with other users who sponsored, organized, or participate in), a particular Bonfyre Community and/or Bonfyre Services you participate in. This may include two person Bonfyre Communities created using the direct messaging function as well as Bonfyre Communities created using the other functions of the Sites or the Services. You control what Content you choose to share, and, except as described below for Sponsored Bonfyre Communities you choose to participate in, the only users that can see the Content you post or share in a Bonfyre community are the participants (or former participants) the particular Bonfyre Community you shared the Content with.

While we restrict the sharing of Content through the Sites or the Services to the users in the applicable Bonfyre Community, we do not control, and cannot restrict, what use users in a Bonfyre Community may make of the Content other than through their use of the Sites or the Services – for example, participants in a particular Bonfyre Community may use the Sites or the Services to download the Content relating to that Bonfyre Community to their devices and thereafter distribute the Content to others directly from their device without making use of any of the Sites or the Services (via email, SMS, posting on a third party website or app, etc.) and we are not responsible for any such use. In addition, the sponsor or organizer of a Bonfyre Community may elect to terminate the Bonfyre, in which event all Content posted to that Bonfyre will be deleted.

We do not provide an option to share photos, messages and other Content in a public, search engine indexable website we control. Should you choose to share your Content with third party websites or applications or via email or SMS, we are not responsible for any such use. Bonfyre encourages you to be mindful of who you are sharing with at all times.

Sponsors; Sponsored Bonfyre Communities; Sponsored Bonfyre Services
Commercial customers (“Sponsors”) of Bonfyre may sponsor one or more particular Bonfyre communities (each, a “Sponsored Bonfyre Community”) or one or more Bonfyre Services (each, a “Sponsored Bonfyre Service”). As an enterprise software company focused on employee engagement, Bonfyre is used by Sponsors’ generally to drive employee engagement, culture, feedback, communications, and collaboration but they may also include other commercial purposes for the Content you and/or others choose to post or share (and data used and collected) in connection with a Sponsored Bonfyre Community or Sponsored Bonfyre Service. Bonfyre does not investigate or hold responsibility for Sponsor goals.

Sponsors are responsible for their use of any Content, data, information (including Personal Information) as a part of their use of Sponsored Bonfyre Communities and/or Sponsored Bonfyre Services and for complying with applicable law pertaining thereto. We encourage you to review and familiarize yourself with the Sponsor’s policies with regard to these areas for any Sponsored Bonfyre Communities or Sponsored Bonfyre Services you elect to participate in (including by way of responding to a survey, broadcast or other feature).

In connection with their use of Bonfyre’s services, Sponsors may have access to information (including user account information and other Personal Information) with regard to participants and proposed participants in the Sponsored Bonfyre Community or Sponsored Bonfyre Service (including those who have existing Bonfyre accounts and who choose to participate in the Sponsored Bonfyre Community or Sponsored Bonfyre Service) Personal Information such as an email address is frequently provided by Sponsors as a way to provide access to Sponsored Bonfyre Communities and Sponsored Bonfyre Services to participants and proposed participants. The Sponsor of a Sponsored Bonfyre Community or Sponsored Bonfyre Service in which you participate (and, with the permission of the Sponsor, other parties) may have access to your user specific data with regard to your use of the Services as well as to the analyses, NPID (as defined below) and/or aggregate user data.

Content you choose to post or share (as well as Content from other participants and other information with regard to the Sponsored Bonfyre Community or Sponsored Bonfyre Service and the participants) may be shared with the Sponsor as well as the participants. If you have an existing Bonfyre account and choose to participate, the Sponsor may have access to information (including user account information and other Personal Information) with regard to your existing Bonfyre account. Content you choose to post or share and data used or collected within a Sponsored Bonfyre Community or in connection with a Sponsored Bonfyre Service may be used by the Sponsor and/or considered owned by the Sponsor. We are not responsible for the Sponsor’s use of any such data, information or Content (or of any other data or information – including Personal Information about users who participate or may participate in the Sponsored Bonfyre Community or Sponsored Bonfyre Service), all of which are solely the Sponsor’s responsibility. The extent of a Sponsor’s claims and/or rights in respect of any Content posted or shared or data used or collected within a Sponsored Bonfyre Community or in connection with a Sponsored Bonfyre Service (as well as any privacy and/or use policies of the Sponsor with resect thereto) is determined solely by the Sponsor and may only be ascertained by inquiry of the Sponsor. We have no responsibility with regard thereto. We encourage you to familiarize yourself with the Sponsor’s policies with regard to Content, information, data (including Personal Information) and privacy for any Sponsored Bonfyre Community or Sponsored Bonfyre Service you elect to participate in (including by way of responding to a survey, broadcast or other feature included therein).

Sponsors may also request during or after you sign up for a Sponsored Bonfyre Community or in connection with the use of a Sponsored Bonfyre Service, that you agree to specific terms and conditions and/or privacy and other policies connected to your participation therein. We are not responsible for any such terms, conditions, or policies, and we encourage you to review the same carefully before agreeing to them.

The Sponsor may direct that the Sponsored Bonfyre Community or Sponsored Bonfyre Service be terminated and all the data (including any Content you may have elected to share therein) deleted. In such event, the Sponsored Bonfyre Community or the Sponsored Bonfyre Service and all related Content, as well as your user login and account data (unless you are participating in any Surveys or in any other Bonfyre community or Bonfyre Service) will be deleted. We may also elect to terminate a Sponsored Bonfyre Community or Sponsored Bonfyre Service, in which event all Content posted thereto.

If you are an employee, consultant or other authorized user of a Sponsor, your participation in any Sponsored Bonfyre Community or Sponsored Bonfyre Service will be considered to be on behalf of the Sponsor as well as on behalf of yourself, with the result that both you and the Sponsor will be agreeing to/accepting the Bonfyre Privacy Policy and the Bonfyre Terms of Use.

Third-party Service Providers

We may employ third party service providers (such as Amazon Web Services) and sometimes may need to share your information (including Personal Information) with them. Except in the case of Sponsored Bonfyres, the services involved are in connection with providing the Sites and the Services to users generally and/or with making (or maintaining) the functionality, reliability and/or availability of the Sites and/or the Services. Any service providers we work with must agree not to access or use any information or data they may have access to other than to provide the services specifically requested and keep said information confidential.

Aggregate Data Generally

Generally
We may (and may also work with third parties to) collect, compile, generate and create aggregated, coded, anonymous and/or de-identified data (“NPID”) with respect to particular Bonfyre Communities or Services or across larger portions of the Sites and/or the Services and to perform statistical and other analyses of this data and user behavior. We own such NPID and the results of such analyses and may use the same, together with other NPID, in our business.

In addition, we may (and may work with others to) compile and perform statistical and other analyses on user specific data and may share such data and the results of such analyses and other NPID and/or aggregate user data with the Sponsor and, with the permission of the Sponsor of the Bonfyre, with others. The Sponsor of a Sponsored Bonfyre Community or Sponsored Bonfyre Service in which you participate (or are expected to participate) may also have access (and may allow others to have access) to user specific data as referred to above.

Compliance

Not withstanding anything to the contrary in this policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request or to protect the safety, property or rights of Bonfyre or others.


Cookies

We use cookies (a small text file placed on your device) and/or similar technologies to record log data and to collect information about how you interact with the Sites and allow us to remember you. We use this data and information to improve the experience of our Sites and Services and may also use the data and information for analytics and metrics about our users/visitors both on the Sites and other media. We may use both session based and persistent cookies. In addition to our own cookies, we may use third party cookies – such as Google Analytics. You may be able to reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use all portions of our Sites or all functionality of our Services. We do not currently recognize or respond to a browser’s Do Not Track signal.

Security

Your Bonfyre account Personal Information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately, and limiting access to your computer and browser by signing off after you have finished accessing your account.
We take reasonable and appropriate precautions to protect Personal Information. However, no data on the Internet or on a network is completely secure, so we cannot guarantee the security of your Personal Information. In the event that we are required by law to inform you of any unauthorized access to your personal information, we may choose to notify you electronically, in writing, or by telephone at our sole discretion.

Accessing, Reviewing, and Changing Personal Information

You can see, review, and change most of your Personal Information by logging into the my.bonfyreapp.com Site (or the Bonfyre application via your mobile device) and editing your account profile. Generally, we will not manually modify your Personal Information because it is difficult to verify your identity remotely. You must promptly update your Personal Information if it changes or is inaccurate. If you are a participant in a Sponsored Bonfyre, the procedures for you to change or delete any of your Personal Information will be subject to the policies of the applicable Sponsor and, as noted above, are solely the Sponsor’s responsibility. We encourage you to familiarize yourself with the Sponsor’s policies with regard to Content and privacy for any sponsored Bonfyre you elect to join.

Deleting Accounts


Generally
Should you ever decide to delete your Bonfyre account, log into your account on the my.bonfyreapp.com Site (or the Bonfyre application via your mobile device) and click “delete account” on the settings page. If you choose to terminate your account, all of your personally identified User Content (as defined in the Terms of Use) and profile will be removed from public viewing within a reasonable time period. You may have the option to download copies of all the Content you shared with Bonfyre for your personal use. Even after you remove Content from your account or profile, copies of that Content may remain viewable elsewhere to the extent you had shared it with others (“Shared Content and Information”). If we receive a written request from you (in addition to the “delete account” button), we will take reasonable steps to make any such Shared Content and Information unidentifiable. We retain Personal Information from closed accounts in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.

If you are a participant in a Sponsored Bonfyre, the procedures for you the delete your Bonfyre account as well as the continued use by the Sponsor of the applicable Sponsored Bonfyre of any such Content in respect to the Sponsored Bonfyre (as well as the continued visibility of all such Content in such Sponsored Bonfyre) are not necessarily affected by deletion of your account and, as noted above, are solely the Sponsor’s responsibility. We encourage you to familiarize yourself with the Sponsor’s policies with regard to Content and privacy for any sponsored Bonfyre you elect to join.

Updates

We may need to make changes to our Privacy Policy for a variety of reasons. The current Privacy Policy is available at https://bonfyreapp.com/privacy-policy/ . It is your responsibility to check the Privacy Policy periodically for changes. Your continued use of the Services following the posting of any changes to the Privacy Policy constitutes acceptance of those changes.

Special Provision Applicable to Certain Schools and Teachers

If you are a school or teacher in the United States and want your students, who are over 18, to use the Service, including in conjunction with the establishment of a Bonfyre account for the school or a group of students at the school, you are responsible for complying with the U..S. Family Educational Rights and Privacy Act (“FERPA”).

Miscellaneous

If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of our assets or similar transaction or proceeding, a transfer of information described in this Privacy Policy may occur.

 For questions about this Privacy Policy, please contact us at support@bonfyreapp.com.

Complaints by a User with regard to violations by Bonfyre of this Privacy Policy may be directed to us at support@bonfyreapp.com or to any applicable regulatory authority having jurisdiction.

¹ A current listing of the Services offered by Bonfyre can be viewed at https://bonfyreapp.com/enterprise-features. Some of these Services require the User to maintain a Bonfyre account and certain of the Services also require the User to enter into a separate agreement with Bonfyre in order to obtain the Service.