Bonfyre Privacy Policy | Applicable to All Users | Bonfyre

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Bonfyre Privacy Policy Applicable to All Users

Last revised Dec, 2020

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 but does not include any such information which has been aggregated, de-identified or otherwise anonymized. 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

Sponsored 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, for providing the associated Services in connection therewith and as otherwise required by the Sponsor. The Sponsor is solely responsible for providing such information and for the use thereof.

STORAGE

Bonfyre  does not have on-premises or ownership of physical hardware that operates the Bonfyre® platform and   relies on its third party hosting provider and data center for storage of all data (including personal information). Currently, Bonfyre’s third party hosting provider and data center is Amazon Web Services (“AWS”) and all of Bonfyre’s data (including Personal Information) is stored on AWS servers located 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 your Personal Information 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, to perform a contract with, or as required by,  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 connection with  a Sponsored Bonfyre Community or Sponsored Bonfyre Service and to send information or Content (defined below) and communications to you which are contemplated by the Bonfyre Sponsored Services you participate or may participate in or by a contract between us and the Sponsor.

We may also use your Personal Information to send information and Content 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 and Sponsored Bonfyre Services you choose to participate in,  the only users that can see the Content you post or share in a Bonfyre Community or a Bonfyre Service are the participants (or former participants) in the particular Bonfyre Community or Bonfyre Service 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 or Bonfyre Service, we do not control, and cannot restrict, what use users in a Bonfyre Community or Bonfyre Service  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 and  information (including Personal Information) in connection with their respective Sponsored Bonfyre Communities and/or Sponsored Bonfyre Services and for complying with applicable law pertaining thereto. Our contract with the applicable Sponsors may also require  us to use any such Content, data and information as directed by the Sponsor and the Sponsor is also responsible for such use and for its compliance with applicable law.  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 and/or mobile phone number 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 (or as required by) 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. We may also elect to terminate a Sponsored Bonfyre Community or Sponsored Bonfyre Service. In any 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 or rendered invisible to users and the public – subject to any exceptions referred to below under DELETING  ACCOUNTS.

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. In addition, Sponsors may employ, and direct that data (including Personal Information) be shared with,  third party service providers to the Sponsor. We have no responsibility with regard to any such third party service provider or to any use by them of any data  which we may share with them.

AGGREGATE DATA

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

Notwithstanding 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 data (including your Personal Information). We are not responsible for any loss of data or the consequences thereof. In the event that we believe the security of your data in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate,  or 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, by email, push notification, by telephone or otherwise at our sole discretion.

PERSONAL INFORMATION[3]

General
During the past twelve months we have collected the following categories of Personal Information from users:

table

The categories of Personal Information listed as “Collected” above were obtained by us as described above under “COLLECTION”. In the preceding twelve (12) months, we have disclosed such Personal Information: (i) to  (or pursuant to our agreements with) the Sponsors of  Sponsored Bonfyre Communities or Sponsored Bonfyre Services and (ii) as contemplated above under “STORAGE”, “AGGREGATE DATA” and “THIRD PARTY SERVICE PROVIDERS” but  have  not otherwise disclosed Personal Information  for a “business purpose” (as defined in the CCPA) or  sold Personal Information.

Rights of Access, Review, Change and Deletion

If you are a California resident and the CCPA is applicable to Bonfyre, you have the right to request that we disclose to you certain information about our collection and use of your Personal Information over the past 12 months.

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 Community or Sponsored Bonfyre Service, the procedures for you to change or delete any of your Personal Information will be subject to the polices 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, 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).

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. In response to your request, we may elect to make the personal information  invisible to other users and the public (rather than deleting it entirely), in which case the personal information  may remain on servers we control and/or may be publicly available elsewhere if a third party copied and reposted the personal information. In addition, we retain Personal Information 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 Community or Sponsored Bonfyre Service, your above rights are subject to the policies of the applicable Sponsor and are solely the Sponsor’s responsibility. 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).

To exercise the rights described above, please submit a verifiable consumer request to us by contacting us at support@bonfyreapp.com. Only you  (or, if you are a California resident and the CCPA applies to Bonfyre,  a person registered with the California Secretary of State that you authorize to act on your behalf) may make a verifiable consumer request related to your Personal Information. If you are a participant in a Sponsored Bonfyre Community or Sponsored Bonfye Service you should make the verifiable consumer request directly to the Sponsor. You may only make a verifiable consumer request twice within a 12-month period. The verifiable consumer request must: provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

DELETING ACCOUNTS

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 (although it may remain on servers we control and/or may be publicly available elsewhere if a third party copied and reposted it). 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 on the Sites unidentifiable (although it may remain on servers we control and/or may be publicly available elsewhere if a third party copied and reposted it). 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 Community or Sponsored Bonfyre Service, the procedures for you the delete your Bonfyre account as well as the continued use by the applicable Sponsor of any data (including Personal Information) or  Content in respect to the Sponsored Bonfyre Community or Sponsored Bonfyre Service (as well as the continued visibility of all such Content)  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, 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).

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”).

CALIFORNIA RESIDENTS AND USERS

If you are a California resident and if the CCPA applies to Bonfyre, California law may provide you with additional rights regarding our use of your “personal information”  https://oag.ca.gov/privacy/privacy-laws.[2]

We will not discriminate against you for exercising  your rights under the CCPA.

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 visiting, access or  use of any of the Sites or participation in any of the Bonfyre Services following the posting of any changes to the Privacy Policy constitutes acceptance of those changes.

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] 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.

[2] As used in this Section,  “Personal Information” has the meaning specified above, except that, if you are a California resident and if the California Consumer Privacy Act of 2018 (CCPA) applies to Bonfyre, “Personal Information” has the meaning given below under CALIFORNIA RESIDENTS AND USERS.

[3]  “personal information” is information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device – other than (i)  publicly available information from government records; (ii) aggregate or deidentified  data; or (iii) information excluded from the CCPA’s scope.

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