BeSpree collects demographic and activity data about our members. BeSpree does not aggregate and sell this data to third-party providers without member consent. We designed our solution with privacy and security in mind to protect our member data.
BeSpree does not share personal health data, though it provides functionality for users to share their own personal health data. No sharing of personal data is turned on by default and all data used for BeSpree analytics id de-identified and aggregated. BeSpree makes it safe to meet with your other people in your community in person. Here’s how:
Every member signs in with their real name
Activity conversations are not indexed in search engines
Your mobile application authenticates you by password
We never share your personal info with advertisers.
We’re committed to the privacy standards established by the EU’s General Data Protection Regulation (GDPR)
Last Updated: April 30, 2019
ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY. These Terms contain a binding arbitration provision. You agree that all disputes between you and BeSpree will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
Intellectual Property Rights. The “Services” includes text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of any products and services, documentation, other components and content, and the design, selection, and arrangement of content. The Services are exclusively the property of BeSpree or its licensors. The Services are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Services or related intellectual property belonging to BeSpree or any third party is strictly prohibited. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Copyright © 2019 Sidekick, Inc. d/b/a BeSpree. All rights reserved.
Compliance with Laws. When you use the Services, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.
No Medical Advice. The Services should not be used for urgent health care matters. If you are experiencing an urgent health care matter or otherwise need immediate medical attention, please contact your health care provider or call 911. Neither the Services nor BeSpree is a substitute for proper medical advice, diagnosis, or treatment from a licensed health care provider. The Services are intended for reference purposes only and should not be used to diagnose or treat any specific medical conditions.
Restrictions on Your Use of the Services.
You may download and print one copy of the Services’ visible content for your own personal noncommercial use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.
You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Services or any part of the Services without BeSpree’s prior written consent.
You will not use the Services for unlawful purposes.
You warrant that all data you provide to us in connection with your access to and use of the Services are true, accurate, and complete.
You will not submit inaccurate, incomplete, or out-of-date data via the Services, commit fraud or falsify data in connection with your use of the Services, or act maliciously against the business interests or reputation of BeSpree.
You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services for purposes of creating or compiling that content for any purpose.
You will not access, use, or copy any portion of the Services, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
viii.You will not use the Services to post, transmit, input, upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Services or any computer, hardware, software, system, data, or network.
You will not engage in activities designed to render the Services or associated services inoperable or to make their use more difficult.
No warranty. The Services are provided “as is,” “as available,” and without any warranty of any kind. Neither BeSpree nor its affiliates, suppliers, or licensors are responsible for providing maintenance or support services for the Services. BeSpree makes commercially reasonable efforts to ensure that all material, data, and other information for the Services is accurate and reliable, but neither accuracy nor reliability can be guaranteed. BeSpree does not warrant or guarantee the quality, completeness, timeliness, or availability of the Services. BeSpree does not warrant or guarantee that the Services will be uninterrupted or error-free, that any defects in the Services will be corrected, or that the Services or the servers that make the Services available are free of viruses or other harmful conditions or components. BeSpree is not responsible for any typographical errors related to the Services.
To the maximum extent permitted by applicable law, BeSpree expressly disclaims all warranties of any kind with respect to the Services, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, and noninfringement arising from a course of dealing or usage in trade. BeSpree has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. No advice or information, oral or written, obtained by you from BeSpree or in any manner from the Services creates any warranty.
We make no representation that the Services are appropriate or available for use in locations other than the United States. If you choose to access or use the Services from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations.
Your use of the Services are at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any data from the Services, and any other damage that may be incurred.
Certain jurisdictions prohibit the disclaimer of certain warranties, so some of the above may not apply to you.
Limitation of liability. To the maximum extent permitted by applicable law, in no event will BeSpree, its affiliates, or its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors (together, “BeSpree Parties”) be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with the Services or your access to or use of, or inability to access or use, the Services (including without limitation the input of personal, location, and other data into the Services), whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a BeSpree Party has express knowledge of the possibility of the loss or damage.
Your sole and exclusive remedy is to stop accessing and using the Services. Without limiting the foregoing, in no event will BeSpree Parties’ liability to you exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.
Indemnification. You will indemnify, defend, and hold harmless BeSpree Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the Services, (b) your misuse of any material, data, or other data downloaded or otherwise obtained from the Services, or (c) your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Linking to the Services. If you operate a website and are interested in linking to the Services: (a) the link must be a text-only link and clearly marked; (b) the link and its use must be in connection with a website of appropriate subject matter; (c) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with BeSpree’s names and trademarks; (d) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by BeSpree; and (e) the link, when activated by a user, must display the BeSpree website full-screen and not within a frame. BeSpree reserves the right to revoke consent to link to the Services at any time in its sole discretion, either by amending these Terms or through other notice.
Feedback. BeSpree welcomes comments regarding the Services. If you submit comments or feedback to us regarding the Services, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
Disputes; Governing Law. These Terms are governed by the laws of the state of North Carolina, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Orange County, North Carolina with respect to any dispute arising under these Terms unless otherwise determined by BeSpree in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Services must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with BeSpree and limit the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the BeSpree’s intellectual property or other proprietary rights, BeSpree may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you and BeSpree, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Services provided under the Terms.
Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.
Place. The place of arbitration shall be in Orange County, North Carolina, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party,
Survival. This Arbitration Agreement provision will survive the termination of these Terms.
Time Limitation on Claims. The parties agree that they must initiate arbitration within one (1) year after any Dispute arises; otherwise, the Dispute is permanently barred.
Contact Us. Please direct any questions and concerns regarding these Terms to us by email at email@example.com, by telephone at 919-904-0808, or by mail at 321 Burlage Circle, Chapel Hill, NC. 27514.
Effective Date: April 30, 2019
By accessing or using the Services, you agree on behalf of yourself and any organization that you represent (together, “you”) that you have read and understand this Policy. We may modify this Policy at any time. All changes will be effective immediately upon posting. Material changes will be conspicuously posted on the BeSpree website or otherwise communicated to you. By using the Services after changes are posted, you agree to those changes.
We Collect Data You Provide
Personal Information. If you elect to provide information that personally identifies you (“Personal Information”) such as your first and last name, email address, birth date, ZIP code, payment data, and profile photograph, we will collect, use, and share it pursuant to this Policy and applicable law.
Personal Information is required to use certain Services features, for example, to create online accounts, join our community partner programs, pay the Community Partner subscription fee, contact us via email, phone, or our Contact Us form (where we may retain your message’s content and our response), receive or request data from us (e.g., catalogs or newsletters), and respond to communications from us (e.g., surveys and promotional offers).
BeSpree Accounts. To create an online BeSpree account, you must submit your name and email address, and create a password. This data is used to populate a profile within your account.
Community Partner Programs. To inquire about enrolling in our Verified Health Advocate and Premium Health Partner programs, you must submit your first and last name, email address, and a message with questions about how to become a partner.
Order & Payment Data. In order to pay for your Partner Program subscription, you must submit your name, credit or debit card type, number, expiration date, security code, and billing address. All credit and debit card data is provided directly to our PCI-compliant third-party payment processor. We do not directly access, handle, or store your credit or debit card data. We may keep a record of your purchases. We store your payment card’s last four digits to facilitate future orders.
Marketing Communications; Opt Out. If you opt in to receive marketing communications from us, you must submit your name, email, mailing address, and phone number. We use this data to send you promotional and other electronic and hardcopy communications. We may use third-party providers to deliver communications to you. You may opt out of such emails by using the unsubscribe link in the email or contacting us at firstname.lastname@example.org with “Unsubscribe” in the subject line. To opt out of other communications (e.g., postal marketing and telemarketing), please contact us. Opting out of marketing communications does not opt you out of communications about your account or transactions.
Data Automatically Collected
Account Activity. We will collect data about how you use (i) your online account, and (ii) the Services when you are logged into your account.
IP Addresses, Cookies, & Similar Tracking Technologies. When you use the Services, we and our Services vendors use technologies such as cookies (i.e., small pieces of data stored on your device’s hard drive by your browser), web beacons, pixel tags, and similar technologies to automatically collect internet protocol addresses assigned to the computers and other devices you use, your Internet service provider, device ID number, approximate geographic location, browser type, Services pages visited, websites you access before and after visiting the Services, and data related to how and when you use the Services (e.g., date and time stamps, clickstream data, and data about search terms and websites that direct you to the Services). We may combine this Collected Data with other Collected Data (including Personal Information) and data obtained from third parties.
The Services may use session, persistent, and flash cookies (locally stored objects) to collect and store data about your preferences and navigation to, from, and on our Services. Session cookies are used to complete transactions and for other purposes such as counting visits to certain webpages. Session cookies are eliminated when you exit your browser. Persistent cookies may be stored on your computer by your browser. When you log in, persistent cookies tell us if you have visited the Services before or if you are a new visitor.
Flash cookies differ from browser cookies regarding the amount and types of data collected and how the data is stored. Cookie management tools provided by your browser will not remove and cannot manage Flash cookies. To learn about managing your Flash cookie settings, visit the Flash player settings page on Adobe’s websites here.
Most browsers automatically accept cookies. You can disable this function, but disabling cookies may impact your use and enjoyment of the Services.
Do Not Track Requests. Due to the automatic collection of data using cookies, we do not honor “do not track” requests.
Analytics. We may occasionally enable and implement various analytics tools, such as Google Analytics, which is an analytics tool provided by Google to collect and process Collected Data consisting of certain telematics about your use of the Services. Google sets and reads cookies to collect such Collected Data and your web browser will automatically send such Collected Data to Google. Google uses this data to provide us with reports that we use to improve the websites’ structure and content.
To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may occasionally still see our ads.
Social Media. We are active on social media, including Facebook, Twitter, Instagram and LinkedIn
Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Services and our Social Media pages any comments or content that you post on our Social Media pages. You agree to hold BeSpree and its affiliates harmless and without liability for the results of any and all content you post on BeSpree’s Social Media.
Your use of Social Media is governed by the privacy policies and terms of the third parties that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.
The Services may use advertising networks and services offered by Social Media to deliver advertising content. Use of these services requires Social Media to implement cookies or pixel tags to deliver ads to you while you access the Services.
Data from Other Sources. We obtain data about individuals from various third-party companies and public sources and we may combine that data with Collected Data. This enhances our existing data about our users and customers (e.g., adding address data) and improves our marketing efforts.
How We Use & Share Collected Data
Beyond the uses and sharing described above, BeSpree and its vendors may use and share Collected Data (including Personal Information) as described below. We do not sell or rent Collected Data except as stated in this Policy and as permitted by applicable law.
Affiliates, Vendors, & Other Partners. We may share Collected Data with our affiliates, third-party vendors, service providers, suppliers, consultants, agents, distributors, sales representatives, resellers, and other partners (including Services management and hosting, payment processing, webinars, marketing and public relations, learning management systems, cellular device and email services) that provide data processing services to us (e.g., to support the delivery of, provide functionality on, or help to enhance the security of the Services or our services) or otherwise process Collected Data for purposes described in this Policy or communicated to you when we collect such data. The parties described in this paragraph are authorized and may use and disclose Collected Data as needed to provide the applicable services to us and as provided by their own privacy policies.
Aggregated Data. With your consent, we may use Collected Data to create anonymous aggregate data. We may use and share such aggregate data with our affiliates, vendors, and other third parties to: (1) analyze, develop, and improve the content and services that we make available, (2) inform business strategies, (3) understand demographics and user preferences, (4) customize promotional emails and users’ Services experience, and (5) for other lawful purposes.
Security & Protection of Rights. We may use Collected Data and share it with third parties if we believe it is needed to operate the Services or to protect our rights or the rights of others, including sharing data needed to identify, contact, or bring legal action if our contracts, terms, or policies are violated or if required by law.
Business Transactions. All Collected Data is exclusively our property. If we undergo a change or contemplated change in control, acquisition, merger, reorganization, or asset sale, all Collected Data may be transferred, sold, shared, or otherwise shared with potential and actual successors, which will be bound by this Policy as it applies to Collected Data.
With Your Consent. With your consent, we may use or share Collected Data in ways not specifically described in this Policy.
Data We Do Not Intend to Collect
Special Categories of Personal Information. “Special Data” is any data that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that involves genetic or biometric data or data concerning health or sexual orientation. We do not intend to collect any Special Data from you. Please do not provide Special Data to us.
Children. We are committed to protecting children’s privacy. The Services are not directed at children under 13 years of age. We do not knowingly collect, use, or share data from children under 13. If a parent or legal guardian learns their child provided us with Personal Information without his or her consent, please contact us.
We use commercially reasonable technical and organizational measures to help secure all Collected Data against loss, misuse, and alteration. While we cannot guarantee it, we use industry-standard protections to help safeguard against such occurrences. If a breach of our systems occurs, we will notify you of the breach only if and as required under applicable law.
You understand that no data transmission over the internet or a mobile device can be guaranteed to be 100% secure. While we strive to protect your Personal Information, we do not guarantee the security of Personal Information and you provide Personal Information at your own risk.
Access from Outside the United States
The Services are operated and maintained by BeSpree from the United States and is intended solely for a United States audience. If you access the Services from outside the United States, please be aware that Collected Data will be transferred to, stored in, and processed in the United States. U.S. data protection and related laws may not be as comprehensive as those from where you access the Services.
Access & Update Your Personal Information
To access or update your Personal Information as it exists in our records, please visit any accounts you have created (if applicable) or contact us using the information below.
If you have questions or concerns regarding this Policy, contact us at:
Sidekick, Inc. d/b/a BeSpree
321 Burlage Circle
Chapel Hill, NC