IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE "SERVICES") OF BORDER BLASTER GROUP, SOFTWARE AND VIDEO COM-MUNICATIONS, DIVISION. AND ITS AFFILIATES ("BANTOO") IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOR-OUGHLY BEFORE ACCEPTING.
BY CLICKING/CHECKING THE "I AGREE" BUTTON/BOX, ACCESSING THE BAN-TOO WEBSITE OR BY UTILIZING THE BANTOO SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT” OR “TOS”). THE BANTOO SER-VICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.
BANTOO will provide the Services, and you may access and use the Services, in accordance with this Agreement. BANTOO may provide any of the Services hereunder through any of its Affiliates. If you order Services through an on-line registration page or an order form (each an "Order Form"), the Or-der Form may contain additional terms and conditions and information regarding the Services you are ordering. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Service, which you choose to use, those additional terms are hereby incorporated into this Agreement in relation to Your use of that Service.
System Requirements. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or up-grades from time to time. Because use of the Services involves hardware, software, and Internet ac-cess, your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system require-ments, which may be changed from time to time, are Your responsibility.
1. DEFINITIONS. The following definitions will apply in this Agreement, and any reference to the singular includes a reference to the plural and vice versa. Service specific definitions are found in the Services Description located at www.bantoochat.com/docs/en-us/services-description.html.
“Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is con-trolled by or is under common control with that Party. For purposes of this Agreement, “con-trol” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or cause the direction of the management and set the policies of such entity.
“End User” means a Host or Participant (as defined in the Services Description) who uses the Services.
"Initial Subscription Term" means the initial subscription term for a Service as specified in an Order Form.
"Service Effective Date" means the date an Initial Subscription Term begins as specified in an Order Form.
"Renewal Term" means the renewal subscription term for a Service commencing after the Ini-tial Subscription Term or another Renewal Term as specified in an Order Form.
2. SERVICES. BANTOO will provide the Services as described on the Order Form, and stand-ard updates to the Services that are made generally available by BANTOO during the term. BANTOO may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice.
a. Beta Services. BANTOO may, from time to time, offer access to services that are classified as Beta version. Access to and use of Beta versions may be subject to addi-tional agreements. BANTOO makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and your use of a Beta version is at your sole risk.
3. USE OF SERVICES AND YOUR RESPONSIBILITIES. You may only use the Services pursuant to the terms of this Agreement. You are solely responsible for Your and Your End Users’ use of the Services and shall abide by, and ensure compliance with, all Laws in connec-tion with Your and each End User’s use of the Services, including but not limited to Laws re-lated to recording, intellectual property, privacy and export control. Use of the Services is void where prohibited.
a. Registration Information. You may be required to provide information about your-self in order to register for and/or use certain Services. You agree that any such infor-mation shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of your user name and pass-word and agree not to disclose such to any third party.
b. Your Content. You agree that You are solely responsible for the content ("Content") sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to BANTOO and that such use does not violate or infringe on any rights of any third party. Under no circumstances will BANTOO be li-able in any way for any (a) Content that is transmitted or viewed while using the Ser-vices, (b) errors or omissions in the Content, or (c) any loss or damage of any kind in-curred as a result of the use of, access to, or denial of access to Content. Although BANTOO is not responsible for any Content, BANTOO may delete any Content, at any time without notice to you, if BANTOO becomes aware that it violates any provi-sion of this Agreement, or any law. You retain copyright and any other rights You al-ready hold in Content which You submit, post or display on or through, the Services.
c. Recordings. You are responsible for compliance wills all recording laws. The host can choose to record BANTOO audio and video calls, chats, meetings and webinars. By using the Services, you are giving BANTOO consent to store recordings for any or all BANTOO audio and video calls, chats, meetings or webinars that you join, if such re-cordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting or webinar
d. Prohibited Use. You agree that You will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts BANTOO Chat’s networks, Your accounts, or the Services; (iii) engage in ac-tivity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, func-tions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of BANTOO or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or BANTOO's security systems. (ix) Use the Services in violation of any BANTOO policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compli-ance with all such laws and regulations.
e. Limitations on Use. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specif-ically permitted to do so under a separate agreement with BANTOO. You may not of-fer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service (oth-er than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product sub-stantially similar to the Services.
4. RESPONSIBILITY FOR END USERS. You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with the terms of this Agreement and any BANTOO policies. BANTOO assumes no responsibility or liability for violations. If you become aware of any violation of this Agreement in connection with use of the Services by any person, please con-tact BANTOO at privacy@bantoochat.com BANTOO may investigate any complaints and vi-olations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will BANTOO be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.
5. OBLIGATIONS FOR CONTENT. BANTOO will maintain reasonable physical and tech-nical safeguards to prevent unauthorized disclosure of or access to content, in accordance with industry standards. BANTOO will notify you if it becomes aware of unauthorized access to content. BANTOO will not access, view or process Content except (a) as provided for in this Agreement and in BANTOO 's Privacy Statement; (b) as authorized or instructed by You, (c) as required to perform its obligations under this Agreement; or (d) as required by Law. BAN-TOO has no other obligations with respect to Content.
6. ELIGIBILITY. You affirm that You are at least 16 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that You are under the age of 16 or are otherwise ineligible.
7. INTENDED USE; RESTRICTION ON USE BY CHILDREN. The Services are intended for business use. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. BANTOO is not intended for use by individuals under the age of 16, unless it is through a School Subscriber (as that term is defined in the Services De-scription) using BANTOO for Education (K-12).
8. CHARGES AND CANCELLATION. You agree that BANTOO may charge to Your credit card or other payment mechanism selected by You and approved by BANTOO ("Your Ac-count") all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. BANTOO may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that BANTOO will provide you with prior notice and an opportunity to terminate Your Account if BANTOO changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event BANTOO is unable to collect the fees owed to BANTOO for the Services through Your Account, BANTOO may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by BANTOO in connection with such collection activity, including col-lection fees, court costs and attorneys' fees. You further agree that BANTOO may collect inter-est at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for.
9. TERMINATION. The BANTOO website contains information on how to terminate Your Ac-count. If you have purchased a Service for a specific term, such termination will be effective on the last day of the then-current term. Your Order Form may provide that a Renewal Term will begin automatically unless either party provides notice of termination at least thirty (30) days prior to the commencement of the next Renewal Term. If You fail to comply with any provision of this Agreement, BANTOO may terminate this Agreement immediately and retain any fees previously paid by You. Sections 1 and 3 through 20, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, You must cease any further use of the Services. If at any time you are not happy with the Services, Your sole reme-dy is to cease using the Services and follow this termination process.
10. PROPRIETARY RIGHTS. BANTOO and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, log-os, and domain names ("BANTOO Marks") associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any BANTOO Marks, or other proprie-tary information (including images, text, page layout, or form) of BANTOO without express written consent. You may not use any meta tags or any other "hidden text" utilizing BANTOO Marks without BANTOO's express written consent.
11. COPYRIGHT. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. BANTOO may deny access to the Services to any User who is alleged to infringe another party's copyright. Without limiting the foregoing, if you believe that Your copyright has been infringed, please notify BANTOO as specified here.
12. EXPORT RESTRICTIONS. You acknowledge that the Services, or a portion thereof, are subject to the Export Administration Regulations, 15 C.F.R. Parts 730-774, of the United States and may be subject to other applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). BANTOO will provide the U.S. export classifica-tion(s) applicable to its Services upon request. You and Your End Users may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related tech-nical information or materials, directly or indirectly, in violation of Export Control and Sanc-tions Laws. You represent and warrant that: (i) You and Your End Users (a) are not citizens of, or located within, a country or territory that is subject to U.S. trade sanctions or other signifi-cant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine) and that You and Your End Users will not access or use the Ser-vices, or export, re-export, divert, or transfer the Services, in or to such countries or territories; (b) are not persons, or owned 50% or more, individually or in the aggregate by persons, iden-tified on the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders Lists; and (c) are not persons on the U.S. Depart-ment of Commerce’s Denied Persons List, Entity List, or Unverified List, or U.S. Department of State proliferation-related lists; (ii) You and Your End Users located in China, Russia, or Venezuela are not Military End Users and will not put BANTOO ’s Services to a Military End Use, as defined in 15 C.F.R. 744.21; (iii) no Content created or submitted by You or Your End Users is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control and Sanctions Laws; and (iv) You and Your End Users will not take any action that would constitute a violation of, or be penalized under, U.S. anti-boycott laws administered by the U.S. Department of Commerce or the U.S. Department of the Treasury. You are solely responsible for complying with the Export Control and Sanctions Laws and monitoring them for any modifications.
13. NO HIGH RISK USE. The Services are not designed or licensed for use in hazardous envi-ronments requiring fail-safe controls, including without limitation operation of nuclear facili-ties, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. The Services shall not be used for or in any HIGH RISK environment.
14. INJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sub-licensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to BANTOO, its Affiliates, sup-pliers and any other party authorized by BANTOO to resell, distribute, or promote the Ser-vices ("Resellers"), and under such circumstances BANTOO its Affiliates, suppliers and Re-sellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
15. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND BANTOO ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BANTOO ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRE-SENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RE-SULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. BANTOO DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER IN-FORMATION OR COMMUNICATIONS BETWEEN USERS. BANTOO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.
16. INDEMNIFICATION. You agree to indemnify, defend and hold harmless BANTOO its af-filiates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attor-neys' fees) arising from Your use of the Services, Your violation of this Agreement or the in-fringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law.
17. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY AP-PLICABLE LAW, IN NO EVENT WILL BANTOO OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEM-PLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTER-RUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLI-GENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF BANTOO ITS AF-FILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBIL-ITY OF SUCH DAMAGES. IN ANY CASE, BANTOO'S, ITS AFFILIATES', SUPPLIERS' AND RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREE-MENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS. Because some states and jurisdic-tions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
18. AGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTION. If you are located in the United States or Europe, You agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions of Exhibit A. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.
19. PRIVACY AND OTHER POLICIES. Use of the Services is also subject to BANTOO's Privacy Statement, a link to which can be found by selecting “Privacy and Legal Policies” in the footer of BANTOO's website. The Privacy Statement, and all policies noticed at www.bantoochat.com/legal are incorporated into this Agreement by this reference. Further-more, if Your Use of the Services requires BANTOO to process any personally identifiable in-formation (“PII” or “Personal Data”) BANTOO shall do so at all times in compliance with our BANTOO Global Data Processing Addendum https://bantoochat.com/docs/doc/BANTOOCHAT _GLOBAL_DPA.pdf is incorporated in these Terms of Service. Additionally, You understand and agree that BANTOO may contact You via e-mail or otherwise with information relevant to Your use of the Services, regardless of whether You have opted out of receiving marketing communications or notices.
20. MISCELLANEOUS
20.1 Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the court of Stockholm, in Sweden, as applied to agreements entered into and to be performed in Sweden.
20.2 Contracting Entity. In the event Your BANTOO account reflects a bill to/sold to address in Africa, the contracting entity under these TOS shall be BANTOO's Affiliate, BANTOO IN-VESTMENT GROUP SAS.
20.3 Waiver and Severability. Failure by either Party to exercise any of its rights under, or to en-force any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or abil-ity to enforce such provision. If any provision of this Agreement is held by a court of competent juris-diction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
20.4 General Provisions. This Agreement embodies the entire understanding and agreement between the Parties respecting the subject matter of this Agreement and supersedes any and all prior under-standings and agreements between the Parties respecting such subject matter, except that if You or Your company have executed a separate written agreement or you have signed an order form referenc-ing a separate agreement governing your use of the Services, then such agreement shall control to the extent that any provision of this Agreement conflicts with the terms of such agreement. BANTOO may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. BANTOO will exercise commercially reasonable business efforts to provide notice to you of any ma-terial changes to this Agreement. Within ten (10) business days of posting changes to this Agreement (or ten (10) business days from the date of notice, if such is provided), they will be binding on you. If you do not agree with the changes, You should discontinue using the Services. If you continue using the Services after such ten-business-day period, You will be deemed to have accepted the changes to the terms of this Agreement. In order to participate in certain Services, You may be notified that You are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.
Exhibit A Binding Arbitration
This Exhibit A to the TOS describes the further provisions, which apply to the Binding Arbitration and Class Action Waiver.
A. Disputes. A dispute is any controversy between You and BANTOO concerning the Services, any software related to the Services, the price of the Services, Your account, BANTOO’s advertising, marketing, or communications, Your purchase transaction or billing, or any term of this Agreement, under any legal theory including contract, war-ranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of Your or BANTOO's intellectual property rights. As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution, to legal@bantoochat.com
B. Small Claims Court Available. You may initiate an action in your local Small Claims Court if you meet the court’s requirements. However, if such a claim is trans-ferred, removed or appealed to a different court, BANTOO reserves the right to re-quire arbitration.
C. Arbitration Procedure. Disputes not resolved pursuant to Section A or B shall be re-solved through arbitration. The American Arbitration Association (“AAA”) will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org. Arbitration hearings will take place in the federal judicial district of your primary business location. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive Law; (b) follow applicable statutes of limita-tions; (c) honor valid claims of privilege; (d) issue a written decision including the rea-sons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any arbitration award may be en-forced (such as through a judgment) in any court with jurisdiction. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitra-bility of any claim; however, a court has exclusive authority to enforce the pro-hibition on arbitration on a class-wide basis or in a representative capacity.
D. Arbitration Fees. If you are unable to afford the arbitration costs, BANTOO will ad-vance those costs to you, subject to the arbitrator’s determination if costs should be re-imbursed to BANTOO if BANTOO prevails. For disputes involving more than $75,000, the AAA rules will govern payment of filing fees and the AAA’s and arbitra-tor’s fees and expenses.
E. Conflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s Commercial Arbitration Rules.
F. Requirement to File Within One Year. Notwithstanding any other statute of limita-tions, a claim or dispute under this Agreement must be filed in Small Claims Court or noticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred.
G. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision of this Exhibit A is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possi-ble achieve the original intent of this Exhibit, inclusive of the severed provision.
Privacy Policy
Last updated: September 19th, 2022
This statement describes the personal data we collect and/or process (which may include collecting, organizing, structuring, storing, using, or disclosing) to provide products and services offered directly by Border Blaster Group Video Communications, Division. (“BANTOO”), including BANTOO’s websites and its meetings, webinars, and messaging platform (“BANTOOProducts” or “Products”). BANTOO Products do not include products developed by BANTOO that are covered under a sepa-rate privacy policy (listed here).
• What Personal Data Do We Receive?
• How Do We Use Personal Data?
• How Do We Share Personal Data?
• Who Can See and Share My Personal Data When I Use BANTOO?
• Privacy Rights and Choices
• Children
• How to Contact Us
• Retention
• European Data Protection Specific Information
• California Privacy Rights
• Changes to This Privacy Statement
What Personal Data Do We Receive?
Personal data is any information from or about an identified or identifiable person, including infor-mation that BANTOO can associate with an individual person. We may collect, or process on behalf of our customers, the following categories of personal data when you use or interact with BANTOO Products:
• Account Information: Information associated with an account that licenses BANTOO Pro-ducts, which may include administrator name, contact information, account ID, billing infor-mation, and account plan information.
• Profile and Participant Information: Information associated with the BANTOO profile of a user who uses BANTOO Products under a licensed account or that is provided by an unli-censed participant joining a meeting, which may include name, display name, picture, email address, phone number, job information, stated locale, user ID, or other information provided by the user or their account owner.
• Contacts and Calendar Integrations: Contact information added by accounts or their users to create contact lists on BANTOO, which may include contact information a user integrates from a third-party app. Users can also integrate their calendars from other services with their BANTOO profile or account.
• Contacts Permissions: The Application may by default access your Device Contact List which allows you to select a contact to start a chat with. Your Contact List is not uploaded to our server. All contacts saved on your Device are one by one pinged to the server to check if the contact is already registered as a user in the database but never uploaded the contact list. It is only visible within the device itself.
• Settings: Information associated with the preferences and settings on the account or user pro-file, which may include audio and video settings, recording file location, screen sharing set-tings, and other settings and configuration information.
• Registration Information: Information people provide when registering for a BANTOO calls, chat, VOD, trade, meeting, webinar or recording, which may include name and contact information, responses to registration questions, and other registration information requested by other BANTOO users.
• Device Information: Information about the computers, phones, and other devices people use when interacting with BANTOO Products, which may include information about the speakers, microphone, camera, OS version, hard disk ID, PC name, MAC address, IP address (which may be used to infer general location at a city or country level), device attributes (like operating system version and battery level), WiFi information, and other device information (like Blue-tooth signals).
• Meeting, Webinar, and Messaging Content and Context: Content generated in meetings, webinars, or messages that are hosted on BANTOO Products, which may include audio, vid-eo, in-meeting messages, chat messaging content, transcriptions, written feedback, responses to polls and Q&A, and files, as well as related context, such as invitation details, meeting or chat name, or meeting agenda. Content may contain your voice and image, depending on the account owner’s settings, what you choose to share, your settings, and what you do on BAN-TOO Products.
• Product and Website Usage: Information about how people and their devices interact with BANTOO Products, such as: when participants join and leave a meeting; whether participants sent messages and who they message with; performance data; mouse movements, clicks, key-strokes or actions (such as mute/unmute or video on/off), and other user inputs that help BANTOO to understand feature usage, improve product design, and suggest features; which third-party apps users add to a meeting or other Product and what information and actions the app is authorized to access and perform; features used (such as screen sharing, emojis, or fil-ters); and other usage information and metrics. This also includes information about when and how people visit and interact with BANTOO ’s websites, including what pages they accessed, their interaction with the website features, and whether or not they signed up for a BANTOO Product.
• Communications with BANTOO: Information about your communications with BAN-TOO, including relating to support questions, your account, and other inquiries.
• Information from Partners: BANTOO obtains information about account owners and their users from third-party companies, such as market data enrichment services, including infor-mation about an account owner’s company size or industry, contact information, or activity of certain enterprise domains.
How Do We Use Personal Data?
BANTOO employees do not access calls, chats, trade and business transactions, meeting, webinar, or messaging content (specifically, audio, video, files, and messages) unless directed by an account own-er, or as required for legal, safety, or security reasons, as discussed below. BANTOO uses personal data to conduct the following activities:
• Provide BANTOO Products and Services: To provide Products, features, and services to account owners, their users, and those they invite to join meetings and webinars hosted on their accounts, including to customize Product features and recommendations for accounts or their users. BANTOO also uses personal data, including contact information, to route invita-tions and messages to recipients when people send invitations and messages using BANTOO Products. This may also include using personal data for customer support, which may include accessing audio, video, files, and messages, at the direction of the account owner or their us-ers. We also use personal data to manage our relationship and contracts with account owners, including billing, compliance with contractual obligations, and related administration.
• Product Research and Development: To develop, test, and improve BANTOO Products, including, for example, content-related features (such as background filters), and to trouble-shoot products and features.
• Marketing and Promotions: To market, advertise, and promote BANTOO Products, fea-tures, and services, including marketing products or features based on your product usage or information we receive from third-party partners. If you visit our websites, we may log infor-mation about how and when you visit, and your interactions with them, and use this infor-mation to provide advertisements to you relating to BANTOO Products, features, and services or to engage third-party marketing partners to log your interactions on our website or deliver advertising to you.
• Authentication, Integrity, Security, and Safety: To authenticate accounts and activity, de-tect, investigate, and prevent malicious conduct or unsafe experiences, address security threats, protect public safety, and secure BANTOO Products.
• Communicate with You: We use personal data (including contact information) to communi-cate with you about our Products, features, and services, including product updates, your ac-count, and changes to our policies and terms. We also use your information to respond to you when you contact us.
• Legal Reasons: To comply with applicable law or respond to valid legal process, including from law enforcement or government agencies, to investigate or participate in civil discovery, litigation, or other adversarial legal proceedings, and to enforce or investigate potential viola-tions of our Terms of Service or policies.
BANTOO uses advanced tools to automatically scan content such as virtual backgrounds, profile im-ages, and files uploaded or exchanged through chat, for the purpose of detecting and preventing viola-tions of our terms or policies and illegal or other harmful activity, and its employees may investigate such content where required for legal, safety, or security reasons.
How Do We Share Personal Data?
BANTOO provides personal data to third parties only with consent or in one of the following circum-stances (subject to your prior consent where required under applicable law):
• Resellers: If an account owner licensed BANTOO from a third-party reseller of BANTOO Products, the reseller may be able to access personal data and content for users, including meetings, webinars, and messages hosted by the account owner.
• Vendors: BANTOO works with third-party service providers to provide, support, and im-prove BANTOO Products and technical infrastructure. BANTOO may also work with third-party service providers to provide advertisements and business analytics regarding BANTOO Products. These vendors can access personal data subject to contractual and technical require-ments for protecting personal data and prohibiting them from using personal data for any pur-pose other than to provide services to BANTOO or as required by law.
• For Legal Reasons: BANTOO may share personal data as needed to: (1) comply with appli-cable law or respond to, investigate, or participate in valid legal process and proceedings, in-cluding from law enforcement or government agencies; (2) enforce or investigate potential vio-lations of its Terms of Service or policies; (3) detect, prevent, or investigate potential fraud, abuse, or safety and security concerns, including threats to the public; 4) meet our corporate and social responsibility commitments; (5) protect our and our customers’ rights and property; and (6) resolve disputes and enforce agreements.
• Marketing and Analytics Partners: BANTOO uses third-party marketing and advertising providers to provide statistics and analysis about how people are using our website and to pro-vide advertising and marketing, including targeted advertising based on your use of our web-site. These third-party partners may receive information about your activities on BANTOO ’s website through third-party cookies placed on BANTOO ’s website. To opt out of our use of third-party cookies that share data with these partners, visit our cookie management tool. Where required by law, BANTOO will first obtain your consent before engaging in the activi-ties described here.
• Corporate Affiliates: BANTOO shares personal information with corporate affiliates, such as Border Blaster Group Voice Communications, Division, to provide integrated and con-sistent experiences across BANTOO Products (such as enabling a user to integrate a BAN-TOO Phone call into a meeting) and to detect, investigate, and prevent fraud, abuse, and threats to public safety.
• Change of Control: We may share personal data with actual or prospective acquirers, their representatives and other relevant participants in, or during negotiations of, any sale, merger, acquisition, restructuring, or change in control involving all or a portion of BANTOO ’s busi-ness or assets, including in connection with bankruptcy or similar proceedings.
Who Can See and Share My Personal Data When I Use BANTOO?
When you send messages or join group meetings and webinars on BANTOO, other people and or-ganizations, including third parties outside the meeting, webinar, or message, may be able to see con-tent and information that you share:
• Account Owner: An account owner is the organization or individual that signs up for a BANTOO account. Typically, an account owner designates one or more people (called an “administrador”) to manage their account and can grant privileges to users on the ac-count. Depending on their license with BANTOO, the account owner can authorize additional users on their account, and the account owner can create and/or access the profile information for all users on their account. The account owner and their users can invite others (including guests not on their account) to meetings or webinars hosted on their account.
BANTOO gives account owners controls and features that they can use to determine whether certain types of content, such as recordings or out-of-meeting messages, can be created or sent, and what third-party apps can be used, for meetings and webinars hosted on their ac-count. Depending on their settings, account owners and the people they designate can access personal data for people who join meetings and webinars on their account or send messages to users on their account. Specifically, account owners may have access to:
◦ Account Usage:
▪ Product Usage: Information about how people and their devices interact with their account, which may include who sent messages to their users in chat, email addresses, IP addresses, device information, and other information about who joined meetings or webinars on their account, whether users viewed or downloaded a recording, how long people participated in their meetings, the time a message was sent, information about BANTOO Phone integrations, and other usage information and feedback metrics.
▪ Participant List: Information about the participants in a BANTOO chat, meet-ing, or webinar, which may include name, display name, email address, phone number, and participant or user ID.
◦ Registration Information: Information provided during registration for a webinar, meeting, or recording hosted by the account.
◦ BANTOO Chat Out-of-Meeting Messages: If enabled on their account, account owners can see information about who sent and received out-of-meeting messages to users on their account along with information about the message (for example, date and time, and number of participants). Depending on their settings, account owners also can see sender and receiver information, and other messaging data, along with the con-tent of messages sent to and from users on their account, unless the account owner has enabled Advanced Chat Encryption.
◦ In-Meeting/Webinar Messages: Depending on their settings, account owners can see sender and receiver information, along with the content of messages sent to and from users on their account, in the following circumstances:
▪ Messages sent to Everyone in a meeting that is recorded
▪ Messages sent to panelists in a webinar that is recorded
▪ Direct messages if the account owner has enabled archiving
◦ Recordings: Account owners can watch the content of recordings of meetings and webinars hosted on their account. They can also view a transcript of meeting audio, if enabled.
◦ Polling, Q&A, and Feedback: Account owners can see information about who pro-vided responses to their polls, Q&A, or post meeting or webinar feedback requests, in-cluding name and contact information, together with the responses or feedback, unless responses are submitted anonymously.
• Meeting Hosts and Participants: Hosts and other participants in a meeting may be able to see your email, display name, and profile picture. Meeting hosts and participants can also see and (depending on the account owner’s settings) record or save meeting content, audio tran-scripts, messages sent to Everyone or to them directly, and files, whiteboards, or other infor-mation shared during a meeting. Hosts may also be able to see responses to Q&A and polls generated during the meeting.
• Webinar Panelists and Attendees: Only panelists may be visible to attendees during a webinar, but other attendees can hear attendees who agree to unmute. If an attendee agrees to become a panelist during a webinar, they may be visible to other attendees, depending on set-tings. Panelists and attendees may be able to see the name of a participant who asks a question during a Q&A, along with their question, unless the participant submits the question anony-mously.
• Livestreams: Meeting and webinar hosts can choose to livestream to a third-party site or service, which means anyone with access to the livestream will be able to see the meeting or webinar.
• Third-Party Apps and Integrations:
◦ Account owners can choose to add third-party apps to their account and the BANTOO Products they use, and they can also give their users permission to add and use specif-ic third-party apps, including in meetings, webinars, and chats hosted on their ac-count. Depending on their settings, account owners and their users and guests can share your personal data and content with third-party apps and integrations they ap-prove, which may include all of the personal data available to account owners, hosts, and participants listed above, such as account information, profile and contact infor-mation, registration information, participants list, settings, content, product usage, and device information.
◦ Other participants in the meeting may be able to see the third-party app that you are us-ing in a meeting, if the third-party app is receiving real-time features and information from the meeting.
◦ Third-party developers may also integrate or embed BANTOO chat into their website or app experiences or build versions of BANTOO that enable access to BANTOO Products from a third-party app.
◦ Personal information shared by account owners and users with third-party apps and in-tegrations is collected and processed in accordance with the app developers’ terms and privacy policies, not BANTOO’s.
Privacy Rights and Choices
If you are in the European Economic Area (EEA), Switzerland, or the UK, or a resident of California, please refer to the respective dedicated sections below. Otherwise, at your request, and as required by applicable law, we will:
• Inform you of what personal data we have about you that is under our control;
• Amend or correct such personal data or any previous privacy preferences you selected, or di-rect you to applicable tools; and/or
• Delete such personal data or direct you to applicable tools.
In order to exercise any of your rights as to personal data controlled by BANTOO, or if you have any other questions about our use of your personal data, please send a request to privacy@bantoochat.com
Please identify yourself and, for information relating to BANTOO Products, specify your account and/or user information and other information to enable us to authenticate and respond to your re-quest. Where legally permitted, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, or jeopardize the privacy of others. As an account owner or a user under a licensed account, you may also take steps to affect your personal data by visit-ing your account and modifying your personal data directly.
Children
BANTOO does not allow children under the age of 16 to sign up for a BANTOO account.
How to Contact Us
To exercise your rights or if you have any privacy-related questions or comments related to this Priva-cy Statement, please send an email to privacy@bantoochat.com
You can also contact us by writing to the following address:
Border Blaster Group.
Attention: Data Privacy Officer
Frejgatan 13, 11479
Stockholm, Sweden
email: privacy@bantoochat.com
You can contact our Data Protection Officer by sending an email: privacy@bantoochat.com
Retention
We retain personal data for as long as required to engage in the uses described in this Privacy State-ment, unless applicable law requires a longer retention period.
The criteria used to determine our retention periods include the following:
• The length of time we have an ongoing relationship with you and provide BANTOO Products to you (for example, for as long as you have an account with us or keep using our Products);
• Whether account owners modify or their users delete information through their accounts;
• Whether we have a legal obligation to keep the data (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
• Whether retention is advisable in light of our legal position (such as in regard to the enforce-ment of our agreements, the resolution of disputes, and applicable statutes of limitations, litiga-tion, or regulatory investigation).
European Data Protection Specific Information
Data Subjects Rights
If you are in the EEA, Switzerland, or the UK, your rights in relation to your personal data processed by us as a controller specifically include:
• Right of access and/or portability: You have the right to access any personal data that we hold about you and, in some circumstances, have that data provided to you so that you can provide or “port” that data to another provider;
• Right of erasure: In certain circumstances, you have the right to the erasure of personal data that we hold about you (for example, if it is no longer necessary for the purposes for which it was originally collected);
• Right to object to processing: In certain circumstances, you have the right to request that we stop processing your personal data and/or stop sending you marketing communications;
• Right to rectification: You have the right to require us to correct any inaccurate or incomplete personal data;
• Right to restrict processing: You have the right to request that we restrict processing of your personal data in certain circumstances (for example, where you believe that the personal data we hold about you is not accurate or lawfully held).
In order to exercise any of your rights as to personal data controlled by BANTOO, or if you have any other questions about our use of your personal data, please send a request at the contact details speci-fied in the How to Contact Us section of this Privacy Statement. Please note that we may request you to provide us with additional information in order to confirm your identity and ensure that you are entitled to access the relevant personal data.
You also have the right to lodge a complaint to a data protection authority. For more information, please contact your local data protection authority.
Legal Basis for Processing Personal Data
We only use your information in a lawful, transparent, and fair manner. Depending on the specific personal data concerned and the factual context, when BANTOO processes personal data as a control-ler for individuals in regions such as the EEA, Switzerland, and the UK, we rely on the following legal bases as applicable in your jurisdiction:
• As necessary for our contract: When we enter into a contract directly with you, we process your personal data on the basis of our contract in order to prepare and enter into the contract, as well as to perform and manage our contract (i.e., providing BANTOO Products, features and services to account owners, their users, and those they invite to join meetings and webi-nars hosted on their accounts, and manage our relationship and contract, including billing, compliance with contractual obligations, and related administration). If we do not process your personal data for these purposes, we may not be able to provide you with all Products, fea-tures, and services;
• Consistent with specific revocable consents: We rely on your prior consent in order to uti-lize cookies to engage advertising and analytics partners to deliver tailored advertising and analysis of our website usage. You have the right to withdraw your consent at any time by vis-iting our cookie management tool;
• As necessary to comply with our legal obligations: We process your personal data to com-ply with the legal obligations to which we are subject for the purposes of compliance with EEA laws, regulations, codes of practice, guidelines, or rules applicable to us, and for responses to requests from, and other communications with, competent EEA public, governmental, judicial, or other regulatory authorities. This includes detecting, investigating, preventing, and stopping fraudulent, harmful, unauthorized, or illegal activity (“fraud and abuse detection”) and compli-ance with privacy laws;
• To protect your vital interests or those of others: We process certain personal data in order to protect vital interests for the purpose of detecting and preventing illicit activities that impact vital interests and public safety, including child sexual abuse material; and
• As necessary for our (or others') legitimate interests, unless those interests are overrid-den by your interests or fundamental rights and freedoms, which require protection of personal data: We process your personal data based on such legitimate interests to (i) enter and perform the contract with the account owner and/or reseller providing you with the Prod-ucts (which includes billing, compliance with contractual obligations, and related administra-tion and support); (ii) develop, test, and improve our Products and troubleshoot products and features; (iii) ensure authentication, integrity, security, and safety of accounts, activity, and Products, including detect and prevent malicious conduct and violations of our terms and poli-cies, prevent or investigate bad or unsafe experiences, and address security threats; (iv) send marketing communications, advertising, and promotions related to the Products; and (v) com-ply with non-EEA laws, regulations, codes of practice, guidelines, or rules applicable to us and respond to requests from, and other communications with, competent non-EEA public, gov-ernmental, judicial, or other regulatory authorities, as well as meet our corporate and social re-sponsibility commitments, protect our rights and property and the ones of our customers, re-solve disputes, and enforce agreements.
International Data Transfers
BANTOO operates globally, which means personal data may be transferred, stored (for example, in a data center), and processed outside of the country or region where it was initially collected where BANTOO or its service providers have customers or facilities – including in countries where meeting participants or account owners hosting meetings or webinars that you participate in or receiving mes-sages that you send are based.
Therefore, by using BANTOO Products or providing personal data for any of the purposes stated above, you acknowledge that your personal data may be transferred to or stored in the United States where we are established, as well as in other countries outside of the EEA, Switzerland, and the UK. Such countries may have data protection rules that are different and less protective than those of your country.
We protect your personal data in accordance with this Privacy Statement wherever it is processed and take appropriate contractual or other steps to protect it under applicable laws. Where personal data of users in the EEA, Switzerland, or the UK is being transferred to a recipient located in a country out-side the EEA, Switzerland, or the UK which has not been recognized as having an adequate level of data protection, we ensure that the transfer is governed by the European Commission’s standard con-tractual clauses. Please contact us if you would like further information in that respect.
California Privacy Rights
California Consumer Privacy Act
Under the California Consumer Privacy Act of 2018 (CCPA), California residents may have a right to:
• Access the categories and specific pieces of personal data BANTOO has collected, the catego-ries of sources from which the personal data is collected, the business purpose(s) for collecting the personal data, and the categories of third parties with whom BANTOO has shared personal data;
• Delete personal data under certain circumstances; and
• Opt out of the “sale” of personal data. We do not sell your personal data in the conventional sense. However, like many companies, we use advertising services that try to tailor online ads to your interests based on information collected via cookies and similar technologies about your online activity. This is called interest-based advertising. The CCPA’s statutory definition of the term “sale” is broad and may include interest-based advertising. You can get more in-formation and opt out of the use of cookies on our sites for interest-based advertising purpos-es by clicking the Do Not Sell My Personal Information link, in the webpage footer, and set-ting your preferences. You will need to set your preferences from each device and each web browser from which you wish to opt out. This feature uses a cookie to remember your prefer-ence, so if you clear all cookies from your browser, you will need to reset your settings.
BANTOO will not discriminate against you for exercising any of these rights, which is further in line with your rights under the CCPA.
To exercise your rights, contact us by emailing : privacy@bantoochat.com
To opt out of the use of cookies on our sites for interest-based advertising purposes, follow the in-structions above.
We will acknowledge receipt of your request within 10 business days, and provide a substantive re-sponse within 45 calendar days, or inform you of the reason and extension period (up to 90 days) in writing.
Under the CCPA, only you or an authorized agent may make a request related to your personal data. Note that to respond to your requests to access or delete personal data under the CCPA, we must veri-fy your identity. We may do so by requiring you to log into your BANTOO account (if applicable), provide information relating to your account (which will be compared to information we have, such as profile information), give a declaration as to your identity under penalty of perjury, and/or provide additional information. You may designate an authorized agent to submit your verified consumer re-quest by providing written permission and verifying your identity, or through proof of power of attor-ney.
California’s Shine the Light Law
California Civil Code Section 1798.83, also known as “Shine The Light” law, permits California resi-dents to annually request information regarding the disclosure of your Personal Information (if any) to third parties for the third parties’ direct marketing purposes in the preceding calendar year. We do not share Personal Information with third parties for the third parties’ direct marketing purposes.
Changes to This Privacy Statement
We may update this Privacy Statement periodically to account for changes in our collection and/or processing of personal data, and will post the updated Privacy Statement on our website, with a “Last Updated” date at the top. If we make material changes to this Privacy Statement, we will notify you and provide you an opportunity to review before you choose to continue using our Products.
