Privacy Notice for EU ResidentsThis privacy policy (“Policy”) applies to the Service operated byServably, Inc. (“BusyBench” “we” or “us”) with mobile applications and awebsite located at www.BusyBench.com (the “Service”). The Policy is designed totell you how we collect and use personally identifying information (“PII”) (asdefined below) so you can make an informed decision about using our Service.Please read this statement before using our Service or submitting any PII tous. By using our Service, you represent that you are 14 years old or older andyou consent to the information collection and use practices described herein.We reserve the right to change the provisions of this privacy policy at anytime by posting a revised privacy policy on the Site and indicating on theprivacy policy the date it was last updated. Your use of the Service followingthe posting of such changes or revised statement shall constitute youracceptance of any such changes. We encourage you to review our privacy policywhenever you use our Service to determine if any changes have been made and tomake sure that you understand how any PII you provide will be used.What is “PII”?As used herein, the term “PII” generally means information thatspecifically identifies an individual (such as user’s name, address, telephonenumber, e-mail address, credit card or other account number or geophysicallocation) or that is associated with an identifiable person (such asdemographic information or information about a person’s activities when suchinformation is linked to personally identifying information). PII does notinclude “aggregate” information, which is data we collect about the use of theService or categories of Service users, from which any PII has been removed.For example, information that forty-six percent of the Service’s registeredusers identify themselves as male, is aggregate information. We collect aggregatedata for a number of purposes, including to help us understand trends and userneeds. This policy in no way limits or restricts our collection of aggregateinformation.What PII do we collect?We do not collect any PII from mere visitors to the Site orService. Your email address may be collected when you send us an email. If youregister (as defined in the BusyBench User Access and License Agreement), wewill collect your email address, name, organization information, address andcredit card and/or other account information and possibly photos.What other information do wecollect?When you visit our Site, some information is also automaticallycollected through the use of log files, such as your computer’s InternetProtocol (IP) address, your computer’s operating system, the browser type, theaddress of a referring web Service and your activity on the Service. We usethis information for purposes such as analyzing trends, administering theService, improving customer service, diagnosing problems with our servers,tracking user movement, and gathering broad demographic information foraggregate use. We may also automatically collect certain information throughthe use of “cookies.” Cookies are small data files that are stored on a user’shard drive at the request of a Web Service to enable the Service to recognizeusers who have previously visited them and retain certain information such ascustomer preferences and history. If we combine cookies with or link them toany of the PII, we would treat this information as PII. If you wish to block,erase, or be warned of cookies, please refer to your browser instructions orhelp screen to learn about these functions. However, if your browser is set notto accept cookies or if a user rejects a cookie, you will not be able to signin to your BusyBench account and will not be able to access certain Servicefeatures or Services.We may also use third parties to provide certain functionalitiesor to collect, track and analyze non-personally identifiable usage andstatistical information from users, such as the user’s browser type, operatingsystem, browsing behavior and demographic information. These third parties maycollect PII from you in connection with the Services they provide and may placecookies, web beacons or other devices on your computer to collect nonpersonalinformation which may be used, among other things, to deliver advertisingtargeted to your interests and to better understand the usage and visitation ofour Service and the other Services tracked by these third parties. We are notresponsible for, and do not control, any actions or policies of any third partyservice providers. Usage and disclosureWe do not sellinformation to third parties. BusyBench only uses your PII to send you thecommunications noted below and as necessary to provide the Services, asdescribed below.PII may be used in one or more of the following ways:·           To publicly display      information in a manner selected by our customers to their customers.  To register a customer      and process payments. Credit card processing is performed by a PCI      compliant third party processor and such information is not processed or      retained by BusyBench.   To have a record of who      posted content to the Service.   To send periodic emails:      The email address you provide may be used to send you information and      updates pertaining to the Services, and, if you do not “opt out”, to send      you occasional company news, updates, or related product or service      information. Wedo not sell, share, or rent any PII to others in ways different from what isdisclosed in this Policy without first obtaining your consent, although we mayprovide aggregate information or other nonpersonal information to third partieswithout your authorization. We may share your contact information with thirdparties if you have indicated to us that you wish to receive information fromsuch parties. In the event that we engage or partner with third party vendors,consultants or other service providers in connection with the operation of ourbusiness (“Service Providers”), we may share PII with such Service Providerswho need access to such information to carry out their work for us. You shouldalso note that information that you provide to us for posting to the Servicewill be posted for display in the manner you select. Your posting of suchinformation to our Service constitutes your consent to display such informationin such manner. We also may disclose personal information when we are requiredto or we believe it is appropriate to comply with the law (e.g., a lawfulsubpoena, warrant or court order); to enforce or apply this privacy policy orour other policies or agreements; to initiate, render, bill, and collect foramounts owed to us; to protect our or our customers’ rights, property orsafety; to protect our customers from fraudulent, abusive, or unlawful use ofour Service or Service; or if we believe that an emergency involving the dangerof death or serious physical injury to any person requires disclosure ofcommunications or justifies disclosure of personal information. In addition,information about our customers, including personal information, may bedisclosed as part of any merger, acquisition, debt financing, sale of BusyBenchassets, as well as in the event of an insolvency, bankruptcy or receivership inwhich personally identifiable information could be transferred to third partiesas one of the business assets of the BusyBench.Pleasenote: The Service may contain links to other Services. Please be aware thatalthough we may participate in or utilize such other Services, we are notresponsible for the privacy practices of such other Services. We encourage youto be aware when you leave our Service and to read the privacy policies of anyWeb Service that collects personally identifiable information. Similarly, ifyou entered this Service through another Web Service, we are also notresponsible for the privacy practices of that Service, and you should reviewthe privacy policy of the originating Service before providing any personalinformation to that Service. This privacy policy applies solely to informationcollected by us.Google.Our Services use Google Analytics to help analyze how users use the Services.The tool uses “cookies,” which are text files placed on mobile device, tocollect standard Internet log information and visitor behavior information inan anonymous form. The information generated by the cookie about your use ofthe Services (including IP address) is transmitted to Google. This informationis then used to evaluate visitors’ use of the Services and to compilestatistical reports for BusyBench.What steps do we take to protectyour information online?BusyBench endeavors to secure your personal information fromunauthorized access, use or disclosure by putting into place physical,electronic and managerial procedures to safeguard the information we collectthrough this Service. Credit card information is encrypted during transmissionand payment processing is performed by a PCI compliant third party processorand such information is not processed or retained by BusyBench. Other accountinformation is accessible online only through the use of a password and datafields calling for personally identifying information are encrypted when instorage and in transmission. Please be aware, however, that despite ourefforts, no security measures are perfect or impenetrable. To protect theconfidentiality of your personal information, you must keep your passwordconfidential and not disclose it to any other person. You are responsible forall uses of the Service by any person using your password. Please advise usimmediately by emailing us at [email protected] if you believe your passwordhas been misused. You should also note that email is not secure, and you shouldnot send any confidential or sensitive information to us via an unsecured email.Data Privacy for CaliforniaResidents.This section applies solely to visitors and users of our Site andservices who reside in the State of California. We have adopted this notice tocomply with the California Consumer Privacy Act of 2018 (the “CCPA”) and theCalifornia Online Privacy Protection Act (“CalOPPA”), and any terms defined inthe CCPA or CalOPPA have the same meaning when used in this notice.For the purposes of this section “California Data Subject” shallmean: (1) an individual who is in the State of California for other than atemporary or transitory purpose, and (2) an individual who is domiciled in theState of California who is outside the State of California for a temporary ortransitory purpose.Information We Collect.BusyBench collects information that identifies, relates to,describes, references, is capable of being associated with, or could reasonablybe linked, directly or indirectly, with a particular California Data Subject ordevice (“personal information”). In particular, BusyBench has collected thefollowing categories of personal information from California Data Subjectswithin the last twelve (12) months:CategoryExamplesDo we collect this data?IdentifiersReal name, alias, postal address, unique personal identifier,  online identifier, internet protocol (IP) address, email address, account  name, social security number, driver’s license number, passport number, or  other similar identifiers     YesCharacteristics of protected classifications under California or  federal lawRace, gender, ethnicity, disability status     NoCommercial informationRecords of personal property, products, or services purchased,  obtained, or considered, or other purchasing or consuming histories or  tendencies     YesBiometric informationFingerprint, facial pattern, voice, typing cadence     NoInternet or other electronic network activity informationInformation regarding usage of a site, software, or app     YesGeolocation dataPhysical Location     YesAudio, electronic, visual, thermal, olfactory, or similar  informationRecordings of a California Data Subject     NoProfessional or employment-related informationPlace of work, current occupation, duration of occupation,  position/title     YesEducation informationInformation that is not publicly available personally  identifiable information as defined in the Family Educational Rights and  Privacy Act (FERPA)     NoInferences drawn from any of the information identified aboveInformation used to create a profile about the California Data  Subject reflecting their preferences, characteristics, psychological trends,  predispositions, behavior, attitudes, intelligence, abilities, and aptitudes     NoSources ofPersonal InformationBusyBenchobtains the personal information listed above from the following sources:SourceExampleDo we receive from this  source?Directly from youFrom forms you complete or orders for products and services you  purchase.     YesIndirectly from you  From observing you actions on the Service.     YesThird PartiesWe are provided information by our third party vendors such as:  Quickbooks, Zapier, Office365     YesUse of Personal Information.We may use or disclose the personal information we collect for oneor more of the following business purposes:1.   To fulfill the purpose forwhich you provided the information. For example, if you share your name andcontact information to request a price quote or ask a question about ourproducts or services, we will use that personal information to respond to yourinquiry. If you provide your personal information to purchase a product orservice, we will use that information to process your payment and facilitatedelivery. We may use personal information you provide us to provide technicalsupport. In addition, we may use the above information:2.   To provide, support,personalize, and develop our websites, products, and/or services;3.   To create, maintain,customize, and secure your account with us;4.   To process your requests,purchases, transactions, and payments and prevent transactional fraud;5.   To provide you withsupport and to respond to your inquiries, including to investigate and addressyour concerns and monitor and improve our responses;6.   To help maintain thesafety, security, and integrity of our Website, products and services,databases and other technology assets, and business;7.   To respond to lawenforcement requests and as required by applicable law, court order, orgovernmental regulations; and8.   As described to you whencollecting your personal information or as otherwise set forth in the CCPA.BusyBench will not collect additional categories of personalinformation or use the personal information we collected for materiallydifferent, unrelated, or incompatible purposes without providing you notice.BusyBench does not sell your personal information. BusyBench doesshare personal information with our third party service providers and vendorsin order to provide you the Service.International TransferYour information, including personal information, may betransferred to – and maintained on – computers located outside of your state,province, country or other governmental jurisdiction where the data protectionlaws may differ from those of your jurisdiction. If you are located outsideUnited States and choose to provide information to us, please note that wetransfer and process the data, including your personal information, outside theEEA/UK and Canada. Your consent to this Policy followed by your submission ofsuch information represents your agreement to that transfer. We will take all the steps reasonably necessary to ensure thatyour personal information is treated securely and in accordance with thisPolicy and no transfer of your personal information will take place to anorganization or a country unless there are adequate controls in place includingthe security of personal information.Your Rights and ChoicesThis section describes your CCPA rights and explains how toexercise those rights.You have the right to request that we disclose certain informationto you about our collection and use of your personal information over the past12 months. Once we receive and verify your request, we will disclose to you:1.   The categories of personalinformation we collected about you;2.   The categories of sourcesfor the personal information we collected about you;3.   Our business or commercialpurpose for collecting or selling that personal information;4.   The categories of thirdparties with whom we share that personal information;5.   The specific pieces ofpersonal information we collected about you (also called a data portabilityrequest);6.   If we sold or disclosedyour personal information for a business purpose, two separate lists disclosing:7.   sales, identifying thepersonal information categories that each category of recipient purchased; and8.   disclosures for a businesspurpose, identifying the personal information categories that each category ofrecipient obtained.You have the right to request that we delete any of your personalinformation that we collected from you and retained, subject to certainexceptions. Once we receive and verify your request, we will delete (and directour service providers to delete) your personal information from our records,unless an exception applies.We may deny your deletion request if retaining the information isnecessary for us or our service providers to:1.   Complete the transactionfor which we collected the personal information, provide a good or service thatyou requested, take actions reasonably anticipated within the context of ourongoing business relationship with you, or otherwise perform our contract withyou;2.   Detect security incidents,protect against malicious, deceptive, fraudulent, or illegal activity, orprosecute those responsible for such activities;3.   Debug products to identifyand repair errors that impair existing intended functionality;4.   Exercise free speech,ensure the right of another California Data Subject to exercise their freespeech rights, or exercise another right provided for by law;5.   Comply with the CaliforniaElectronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);6.   Engage in public orpeer-reviewed scientific, historical, or statistical research in the publicinterest that adheres to all other applicable ethics and privacy laws, when theinformation’s deletion may likely render impossible or seriously impair theresearch’s achievement, if you previously provided informed consent;1.   Enable solely internaluses that are reasonably aligned with California Data Subject expectationsbased on your relationship with us;
a. Comply with a legalobligation; and
b. Make other internal andlawful uses of that information that are compatible with the context in whichyou provided it.To exercise the access, data portability, and deletion rightsdescribed above, please submit a verifiable California Data Subject request tous by sending us an email at [email protected] or calling us at +1425-216-3333.Only you or a person registered with the California Secretary ofState, that you authorize to act on your behalf, may make a verifiableCalifornia Data Subject request related to your personal information. You mayalso make a verifiable California Data Subject request on behalf of your minorchild.You may only make a verifiable California Data Subject request foraccess or data portability twice within a twelve (12) month period. Theverifiable California Data Subject request must:1.   Provide sufficientinformation that allows us to reasonably verify you are the person about whomwe collected personal information or an authorized representative; and2.   Describe your request withsufficient detail that allows us to properly understand, evaluate, and respondto it.We cannot respond to your request or provide you with personalinformation if we cannot verify your identity or authority to make the requestand confirm the personal information relates to you. Making a verifiableCalifornia Data Subject request does not require you to create an account withus. We will only use personal information provided in a verifiable CaliforniaData Subject request to verify the requestor’s identity or authority to makethe request.We aspire to respond to a verifiable California Data Subjectrequest within forty five (45) days of receipt of the request. If we requiremore time (up to ninety (90) days) we will inform you of the reason(s) why anextension is needed and how long we anticipate the period to be. Any disclosurewe provide will only cover the twelve (12) month period preceding the receiptof your request. If applicable, the response may provide the reasons why wecannot comply with your request. For data portability requests, we will selecta format to provide your personal information that is readily useable andshould allow you to transmit the information from one entity to another entitywithout hindrance.We do not charge a fee to process or respond to your verifiableCalifornia Data Subject request unless it is excessive, repetitive, ormanifestly unfounded. If we determine that the request warrants a fee, we willtell you why we made that decision and provide you with a cost estimate beforecompleting your request. We reserve the right to refuse to respond toverifiable California Data Subject requests that are excessive, repetitive, ormanifestly unfounded.Right of Non-Discrimination.We will not discriminate against you for exercising any of yourCCPA rights. We will not take any of the following actions against you inresponse to an exercise of your rights:1.   Deny you goods or services.2.   Charge you differentprices or rates for goods or services, including through granting discounts orother benefits, or imposing penalties.3.   Provide you a differentlevel or quality of goods or services.4.   Suggest that you mayreceive a different price or rate for goods or services or a different level orquality of goods or services.California Do-Not-TrackDisclosures.BusyBench does not track its customers over time and across thirdparty websites to provide targeted advertising and therefore does not respondto Do Not Track (DNT) signals. Third parties that have content embedded on BusyBench’swebsites, software, or mobile applications (e.g. social features) may setcookies on a user’s browser and/or obtain information about the fact that a webbrowser visited a specific BusyBench website from a certain IP address. Thirdparties cannot collect any other personal identifiable information from BusyBench’swebsites unless you provide it to them directly.Privacy Notice for EU ResidentsThis Section governs personal data, information relating to anidentified or identifiable natural person, gathered from data subjects locatedin the EU only.General Data ProtectionRegulation (“GDPR”) InformationThe following information describes our commitments to you underEU General Data Protection Regulation (“GDPR”).The GDPR makes a distinction between organizations that processpersonal data for their own purposes (known as “Data Controllers”) andorganizations that process personal data on behalf of other organizations(known as “Data Processors”). BusyBench only acts as a Data Controller for verylimited types of data, such as the information you enter when you register anaccount on our website or the information you submit when purchasing oursoftware.When BusyBench Acts as a DataControllerWhen we process your data as a Data Controller, the followingapplies.When we process your data as a Data Controller, the followingapplies.We collect, use, and share your personal data where we aresatisfied that we have an appropriate legal basis to do this. This may bebecause: – Consent: Our use of     your personal data is in accordance with your consent. If we process your     personal data based on consent, you will be asked for said consent at or     before the time of data collection. You may withdraw your consent at any     time, and will not suffer any detriment for withdrawing your consent. – Contract: Our use of     your personal data is to fulfill a contract between us and you. – Legal Obligation: Our     use of your personal data is necessary to comply with a relevant legal or     regulatory obligation that we have (for example, where we are required to     disclose personal data to a court); or – Legitimate Interest: Our     use of your personal data is for a legitimate interest of ours, such as     fraud prevention and ensuring our network’s security. Subject to certain     exemptions, and in some cases dependent upon the processing activity we     are undertaking, EU residents have certain rights in relation to their     personal data: – Right to Access: You     have the right to access to your personal data that is being processed;     specifically, you may request to view your personal data and obtain copies     of your personal data. – Right to Rectification: You     have the right to request modifications to your personal data if it is out     of date or inaccurate. In some circumstances, you may be able to exercise     this right, in whole or in part, through your existing account with us. – Right of Erasure: You     have the right to ask that we delete your personal data. However, we are     not required to comply with your request to erase personal data if the     processing of your personal data is necessary for compliance with a legal     obligation, or for the establishment, exercise, or defense of legal claims. – Right to Restriction of Processing: Under     certain circumstances, you have the right to request we restrict     processing your personal data You have the right to restrict the use of     your personal data. However, we can continue to use your personal data     following a request for restriction (a) where we have your consent; (b) to     establish, exercise or defend legal claims; or (c) to protect the rights     of another natural or legal person. – Right to Data Portability: To     the extent that we process your information (i) based on your consent or     under a contract; and (ii) through automated means, you have the right to     receive such personal data in a structured, commonly used,     machine-readable format, or you can ask to have it transferred directly to     another data controller. – Right to Object: You     have the right to object to the processing of your personal data. However,     we may still process your personal data if we demonstrate compelling     legitimate grounds for the processing which override the interests, rights     and freedoms of the data subject or for the establishment, exercise or     defence of legal claims. – Right to Object to Automated Processing:     You have the right to object to decisions based on automated processing,     such as where a computer assesses factors in the data we collect about you     and makes a determination.We retain your personal data for as long as necessary to provideyou with our services, or for other important purposes such as complying withlegal obligations, resolving disputes, and enforcing our agreements.We ask that you please attempt to resolve any issues regardingyour data protection or requests with us first before contacting the relevantsupervisory authority. If you would like to exercise any of the rightsdescribed above, please send a request to [[email protected]]. In your message,please indicate the right you would like to exercise and the information thatyou would like to access, review, correct, or delete.We may ask you for additional information to confirm your identityand for security purposes, before disclosing the requested personal data.We may not always be able to fully address your request, forexample if it would impact the duty of confidentiality we owe to others, or ifwe are legally entitled to deal with the request in a different way.When BusyBench Acts as a DataProcessorWhere we process your data in our capacity as a Data Processor,the processing of your data will not be governed by the foregoing provisions(“When We Act As Data Controller”), but you can contact the Data Controllerdirectly to learn about their processing of your information and to exerciseyour rights, or we will forward your request directly to them at your request.BusyBench’s “privacy by design” approach requires that our defaultuser data protection levels be at the highest setting by default. In theunlikely event of breach, BusyBench will notify data subjects and SupervisoryAuthorities (SAs) in the EU according to procedures provided in GDPR Articles33 and 34.Lawful RequestsBusyBench may be required to disclose personal data pursuant tolawful requests made by public authorities, including to meet national securityor law enforcement requirements.Inquiries and ComplaintsWe take safeguarding your privacy very seriously. If you wish toverify, correct or delete any personal data we have collected, or if you haveany questions or concerns, or if you have any complaints, please contact us at[[email protected]]NoticeWhen BusyBench collects personal data from individuals, it willinform the individual of the purpose for which it collects and uses thepersonal data and the types of non-agent third parties to which BusyBenchdiscloses or may disclose that information. BusyBench shall provide theindividual with the choice and means for limiting the use and disclosure oftheir personal data. Notice will be provided in clear and conspicuous languagewhen individuals are first asked to provide personal data to BusyBench, or assoon as practicable thereafter, and in any event before BusyBench uses ordiscloses personal data for a purpose other than for which it was originallycollected.In instances in which BusyBench is not the controller or collectorof the personal data, but only a processor, it has no means of providingindividuals with the choice and means for limiting the use and disclosure oftheir personal data or providing notices when individuals are first asked toprovide personal data to BusyBench. In such instances, BusyBench will complywith the instructions of the controller of such information; provideappropriate technical and organizational measures to protect personal dataagainst accidental or unlawful destruction or accidental loss, alteration,unauthorized disclosure or access, and to the extent appropriate, assist thecontroller in responding to individuals exercising their rights under thePrinciples.ChoiceExcept as indicated in the next paragraph, in those instances inwhich BusyBench collects personal data from individuals, such information willnot be disclosed to any third party or used for a purpose other than thepurpose for which it was originally collected or subsequently authorized by theindividual. The only choice to be made by the user is whether to provide theinformation to BusyBench for the purposes disclosed to the user at the time theuser submits the information.Disclosures to Third PartiesBusyBench will not provide individuals’ personal data to thirdparties unless required by law enforcement or in the event of the acquisitionof all of its business assets. In the latter event, prior to disclosingpersonal data to an acquirer, BusyBench shall notify the individual of suchdisclosure and allow the individual the choice to opt out of such disclosure. BusyBenchshall ensure that any such acquirer subscribes to these principles or aresubject to law providing the same level of privacy protection as is required bythese principles and agree in writing to provide an adequate level of privacyprotection. BusyBench is liable under the Principles if, in the event of anonward transfer, its agent processes such personal information in a manner inconsistentwith the Principles, unless BusyBench proves that it is not responsible for theevent giving rise to the damage.Data SecurityBusyBench shall take reasonable steps to protect personal datafrom loss, misuse and unauthorized access, disclosure, alteration anddestruction. BusyBench has put in place appropriate physical, electronic andmanagerial procedures to safeguard and secure the information from loss,misuse, unauthorized access or disclosure, alteration or destruction. BusyBenchcannot guarantee the security of information on or transmitted via the Internet.BusyBench uses a self-assessment approach or outside compliancereview to assure compliance with this privacy policy and periodically verifiesthat this privacy policy is accurate, comprehensive for the informationintended to be covered, and in accordance with the Principles.Data IntegrityBusyBench shall only process personal data in a way that iscompatible with and relevant for the purpose for which it was collected orauthorized by those who provided the information. To the extent necessary forthose purposes, BusyBench shall take reasonable steps to ensure that personaldata is accurate, complete, current and reliable for its intended use.AccessIn those instances in which BusyBench collects personal datadirectly from individuals, BusyBench shall allow those individuals access totheir personal data and allow the individual to correct, amend or deleteinaccurate information, except where the burden or expense of providing accesswould be disproportionate to the risks to the privacy of the individual in thecase in question or where the rights of persons other than the individual wouldbe violated.BusyBench is a part of Servably, Inc., any reference to BusyBenchis also a reference to Servably, Inc.How can you correct and update your personal information, orobtain additional information?If you have any questions or comments about this Policy or thepractices relating to this Service, or you wish to verify, correct or deleteany personal information we have collected, please contact us at [email protected].How can you correct and updateyour personal information, or obtain additional information?If you have anyquestions or comments about this Policy or the practices relating to thisService, or you wish to verify, correct or delete any personal information wehave collected, please contact us at [email protected].GDPR CompliancePlease refer toour Knowledge Base article for GDPR Compliance information: https://feedback.BusyBench.com/knowledgebase/articles/1967151-gdpr-start-here-general-data-protection-regula