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Terms Of Use

Intelliboard, Inc. welcomes you to our website (the “Site”) and the applications and services available from us, through the Site or other platforms (collectively with the Site, the “Services”). Your use of the Site and the Services are governed by these Terms of Use (these “Terms”). Any time you browse the Site or use the Services in any way, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Site or the Services.

Your use of the Services is also subject to our Privacy Policy, which is located on the Services, as well as any policies and procedures we publish from time to time (collectively, the “Policies”). We reserve the right to modify these Terms at any time, with such changes becoming effective when we post the modified Terms to the Site. We also reserve the right to make any changes to the Site and Services in any manner and to deny or terminate your access to the Site and Services, even if you have an Account, in our sole discretion. If we terminate your access to the Site and Services for a reason other than your breach of these Terms, we will issue you a prorated refund for any Services you paid for but did not use.

Each time you use the Site or the Services, the then-current version of the Terms will apply. If you use the Site or the Services after a modification of these Terms, you agree to be bound by the Terms as modified.

These Terms contain important information regarding your rights with respect to the Site and the Services, including your relationship with us, and include an arbitration provision that may limit your ability to pursue claims against us in court. Please read them carefully and review them regularly.

  1. 1. Dashboard.

    The Services include a dashboard and analytics service designed to connect with existing learning management systems (each an “LMS” ). We do not store any LMS learner related query data on our servers. Our plugin processes LMS queries on connected LMS servers via web services by sending a specific query command from your web browser virtual dashboard to your connected LMS server(s). The data returned reflects learner academic and instructor activity data from your LMS server. This data populates the respective reports and analytic outputs requested which can then be viewed from your virtual dashboard in your web browser. The reports and analytics shown provide an instantaneous snapshot of your LMS based on your Account’s level of access. At no time can your connected LMS data be altered on your LMS servers(s) while logged in on our virtual dashboard, because the dashboard is fundamentally a data viewing or read-only service which only gives you external data viewing rights. To view any live LMS changes at any point in time made to any LMS connected with the Services, you must refresh (resubmit) the browser page to see any updated changes on your virtual dashboard.

    Note that you can choose to make your LMS data publicly available. If you choose to make your LMS data publicly available on the Services, you release us from any and all liability related to and agree to indemnify and hold us harmless from and against any claims related to our making such LMS data publicly available.

    If you are a part of our partner program, you also agree to adhere by our Partner Terms.

  2. 2. Eligibility.

    When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian

    You represent that any information you submit to us when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation.

  3. 3. Registration & Account.

    Certain of the Services or portions of the Site may require you to register for an account ( “Account” ), becoming a “Registered User” . As part of the Account creation process, you may be asked to provide a username and password unique to the Account ( “Login Information” ). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely responsible for any activities occurring under your Account. You have no ownership right to your Account. If you are registering an Account on behalf of an organization under an agreement between us and another organization, that organization may have administrator rights to access your account and any information provided under your Account.

  4. 4. Permitted Uses/License.

    You are authorized to access the Site for the sole purpose of viewing and using the Services on your computer or device.

    You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Services. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Site or its content without our prior written permission. Your failure to abide by these conditions will immediately terminate your right to access the Site or to use the Services and may violate our intellectual property rights or the intellectual property rights of third parties.

  5. 5. Intellectual Property.

    All content available through the Services is the property of us, our content suppliers, or our licensors, and is protected by copyright laws in the United States and in other countries. Access to the Service does not imply any transfer of our intellectual property rights to you. You agree not to use our trademarks, service marks, trade or business names, logos, domain names, or any other copyrighted material or proprietary rights we own without our express prior written consent.

  6. 6. Third Party Sites.

    The Site may contain links to websites we do not operate, control, or maintain ( “Third Party Websites” ). We do not endorse any Third Party Websites, and we make no representation or warranty in any respect regarding the Third Party Websites. Any links to Third Party Websites on the Site are provided solely for your convenience. If you do access any Third Party Websites, you do so at your own risk and waive any and all claims against us regarding the Third Party Websites or our links thereto.

  7. 7. User Content Generally.

    When you post content and information to the Site or in connection with the Services (“User Content”), you represent and warrant to us that (1) you own or have rights to use the User Content, (2) the posting of the User Content does not violate any rights of any person or entity, and (3) you have no agreement with or obligations to any third party that would prohibit your use of the Site or Services in the manner so used. You agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to the Site or through the Services.

    By posting User Content, you give us and our affiliates right to use and display such User Content in such manner as is necessary to provide the Services to you; provided that this right shall not give us any ownership or other rights in the User Content.

  8. 8. User Conduct.

    You agree not to use the Site or the Services to take any action or actions that (including with respect to any User Content): (1) are patently offensive in any manner (as determined in our sole discretion), (2) involve commercial activities without our prior written consent, such as contests or sweepstakes, (3) are contrary to our public image, goodwill, or reputation, (4) infringe on our or any third party’s intellectual property rights, (5) violate any law or any third party’s legal rights, or (6) “frame” or “mirror” any part of the Site without our prior written consent.

  9. 9. Data.

    You agree that we have the right to collect and analyze anonymous data and other information relating to the provision, use and performance of various aspects of the Site and Services, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Services), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Site Services and for other development, diagnostic and corrective purposes in connection with the Site and Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.

  10. 10. Paid Services.

    We may require Services to be paid for on a recurring basis ( “Subscription Services” ) or on an as-used basis ( “A La Carte Services” and, together with the Subscription Services, “Paid Services” ). We have the right to change, delete, discontinue or impose conditions on Paid Services or any feature or aspect of a Paid Service. Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your Account settings or as otherwise agreed in writing ( “Subscription Fee” ). A La Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage ( “A La Carte Fees” and, together with Subscription Fees, the “Paid Service Fees” ).

    Paid Service Fees may be paid by certain payment forms we may permit. Regardless of payment device, we reserve the right to collect Paid Service Fees by deduction from your linked payment account. We may use third-party payment processors that require you to agree to their terms in order to make payments or access the Services. If our payment collection method requires manual payment for a Subscription Service, you acknowledge and agree that failure to make a payment for the same may limit your ability to access the Subscription Service.

    Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on the 1st of every month until cancelled. You may cancel a Subscription Service at any time from your Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.

  11. 11. Copyright Infringement.

    We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA” ) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give Company legally sufficient notice of infringement. Send copyright infringement complaints to the following email address: [email protected] We suggest that you consult your legal advisor before filing a DMCA notice with Company’s copyright agent. There can be penalties for false claims under the DMCA.

  12. 12. Warranty Disclaimer.

    You agree that the Services are available on an “as is” basis, without any warranty, and that you use the Services at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, errors, or omissions in the Services or on the Site, (d) warranties relating to the accuracy or correctness of data on the Services, and (e) any other warranties otherwise relating to our performance, nonperformance, or other acts or omissions.

    We do not warrant that the Site or the Services will operate error-free or that the Site is free of computer viruses and/or other harmful materials. If your use of the Site or the Services results in the need for servicing or replacing equipment or data, we are not responsible for any such costs.

    Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

  13. 13. Limitation of Liability.

    Any liability we have to you in connection with these Terms, under any cause of action or theory, is strictly limited to $100 per user, in aggregate for all violations. Without limiting the previous sentence, in no event shall we or any of our affiliates be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with, these Terms. The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been advised of the possibility of such damages.

    You agree to indemnify and hold us harmless for any breach of security or any compromise of your Account.

    Some jurisdictions do not allow the exclusion or limitation of incidental or consequential; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

  14. 14. Indemnification.

    You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively, “Claims” ), made by any third party due to or arising out of your use of the Site and Services in violation of these Terms, any breach of the representations and warranties you make in these Terms, or your User Content. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.

  15. 15. Electronic Signatures and Notices.

    Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has same legal rights and obligations as a physical signature.

    If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.

  16. 16. Governing Law.

    These Terms are governed by Connecticut law, without giving effect to conflicts of law principles. You agree that, to the extent applicable and expressly subject to the Dispute Resolution provisions below, to submit to the exclusive jurisdiction of the state and federal courts located in Connecticut in circumstances where these Terms permit litigation in court.

  17. 17. Dispute Resolution.

    Please read this section carefully. It contains procedures for mandatory binding arbitration and a class action waiver.

    Notice Requirement and Informal Dispute Resolution. Before either we or you may seek arbitration, the party seeking arbitration must send the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and the requested relief. A Notice to us should be sent to: Intelliboard, Inc., PO Box 474, Monroe, CT 06468. After the Notice is received, you and we may attempt to resolve the claim or dispute informally. If we do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

    Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ( “AAA” ), an established alternative dispute resolution provider ( “ADR Provider” ) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules ( “Arbitration Rules” ) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) shall be resolved through binding non-appearance-based arbitration. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in Monroe, Connecticut, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

    Additional Rules for Non-Appearance Based Arbitration. The arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

    Time Limits. If either you or we pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

    Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties involved, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

    Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under these terms. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

    Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 17 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE PLATFORM USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PLATFORM USER.

    Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. You agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Section 17, to enforce an arbitration award, or to seek injunctive or equitable relief.

    Severability. If any part or parts of this Section 17 are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

    Right to Waive. Any or all of the rights and limitations set forth in this Section 17 may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Section 17.

    Survival of Agreement. This Section 17 will survive the termination of your relationship with us.

    Small Claims Court. Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.

    Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Section 17.

    Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of our patent, copyright, trademark or trade secrets rights shall not be subject to this Section 17.

  18. 18. Miscellaneous.

    We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses. If you have executed a written agreement with us regarding your use of the Services, that written agreement takes precedence over these Terms to the extent the two conflict.

Privacy Policy

  1. 1. In General

    Intelliboard, Inc. (“we” or “us”) values our customers and respects their privacy. This privacy policy ( “Privacy Policy” ) governs our collection and use of data in connection our website (the “Site” ), our applications, and any services we offer (collectively, the “Services” ). Terms capitalized but not defined in this Privacy Policy shall have the meaning ascribed to them in our Terms of Use.

    This Privacy Policy sets forth the nature, purpose, use and sharing of any information that identifies or can be used to identify you, the visitors to the Site, and users of our Services ( “Personal Information” ). This Privacy Policy does not govern privacy practices associated with offline activities, websites other than ours, or practices of third parties that we do not own or control, such as our partners, third party service providers featured on the Site or in the Services or advertisers. If you have objections to the Privacy Policy, you should immediately discontinue use of the Services and follow the procedure described in the section entitled “Opting-Out or Updating Your Personal Information and Privacy Preferences.”

    The Site and the Services are intended for adult audiences only, and we do not knowingly collect any Personal Information from anyone under 13 years of age. If you are under age 13, please do not provide any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any Personal Information from a child under the age of 13, please contact us immediately.

  2. 2. Changes in Privacy Policy

    Any Personal Information that we collect and maintain will be subject to this Privacy Policy, as amended from time to time. We may change the Privacy Policy at our sole discretion. However, if at any time we make material changes to the Privacy Policy, we will notify you of those changes on the Site and through the publishing of an updated Privacy Policy. If as the result of such changes you want to alter the ways in which we are allowed to use your Personal Information, you can do so by following the procedure described in the section entitled “Opting-Out or Updating Your Personal Information and Privacy Preferences.”

  3. 3. Collection of Information
    • We collect the Personal Information you give us when you register with the Site or use the Services, including name, address, and other Personal Information requested as part of your use of the Site or the Services, or the information you choose to give us when you use the Services.
    • We automatically collect certain kinds of non-personal information from you when you use the Site or the Services, including device, browser type, operating system, CPU speed, referring or exit webpages, click patterns, Session ID, and your computer’s IP address.
    • We may on occasion supplement or correct the Personal Information you submit to us and your IP address with information in our other databases or information from third-party sources in order to reduce errors in our database, authenticate our users, prevent fraud and prevent abuse of our Site, as well as to provide more consistent, relevant experiences to our users.
    • We may collect general information about use of the Site and the Services, such as what pages visitors access, the number of visits, average time spent on the Site and other similar factors. This information is generally collected in aggregate form, without identifying any user individually, although IP addresses and Session ID in relation to downloads may be tracked as part of our fraud prevention efforts.

    You agree not to submit any sensitive personally-identifiable information to the Services.

  4. 4. Location-Based Services

    Some Services may contain functionality that can enable us to access your location and tailor your experience based on your location ( “Location-based Services” ). To use Location-based Services, you must enable certain features of your mobile device (e.g., GPS, WiFi, or Bluetooth) to allow us to identify your location. To the extent your location is collected through Wi-Fi or Bluetooth sensors, such sensors, and the associated data services, may be provided by a third party that may access such information for the purpose of providing such data services to us. You agree to such access by such third parties. You may enable or disable such Location-based Services at any time via a menu within the Services. If you choose to disable any Location-based Services on your device and/or opt out of any Location-based Services through the menu, you will not be able to utilize certain features of the Services. By enabling Location-based Services on your device, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of the Services, (ii) we may provide Location-based Services related to and based on your then-current location, and (iii) we may use any such information collected in connection with the provision of Location-based Services in providing the Services. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND WE DISCLAIM ANY AND ALL WARRANTIES RELATED TO LOCATION-BASED SERVICES.

  5. 5. How Your Information is Used

    Except as provided herein, we collect and use your personal and non-personal information for internal purposes only or for gather aggregate and anonymized data. We may use your information in the following ways:

    • To conduct routine business operations such as billing, identification, authentication, contact purposes and general research. As part of our routine business operations, we may transfer your Personal Information to certain third parties with whom we contract for the limited purpose of providing services such as web hosting, email, and credit card processing. These service providers are obligated to protect your information, and they do not use your Personal Information for their own commercial purposes.
    • To employ internal marketing techniques such as tracking customer preferences to provide a customized Site experience and communicating with you about Services, special offers, and other services.
    • To enhance the Services.
    • To gather generic product, location and other contributed information to make reports based on aggregate anonymized data, which we may use internally, or which we may sell to others.
    • To comply with court and governmental orders.

  6. 6. Tracking, Use of Cookies, Web Beacons and Similar Devices

    In order to improve our Services and provide more convenient, relevant experiences to our customers, we and our agents may use “cookies,” “web beacons,” and similar devices to track your activities. A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables us to record your passwords and preferences. It cannot be executed as code or deliver viruses. A web beacon is a small transparent .gif image that is embedded in an HTML page or email used to track when the page or email has been viewed. Most browsers are initially set to accept cookies, and most services that include similar devices are typically initially activated to collect data. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. We do not support browsers’ Do Not Track features. You can enable or disable Do Not Track by visiting the preferences or settings page of your browser.

  7. 7. Protecting Your Information

    We use a variety of security measures, including SSL, encryption, and authentication tools, to help protect your information. We do not retain your Personal Information for longer than is necessary for our business purposes. When we no longer need your Personal Information, we dispose of it safely.

    Our security measures include standard international data protection measures as well as those described in the EU GDPR implementing regulations. These measures, may also include periodic system-wide password resets with high password strength requirements. We strongly discourage password sharing. Due to the nature of the information and related technology, we cannot be held responsible if you share your own login credentials with others. If we learn of a security breach, then we will immediately reset your account password and attempt to notify You as per GDPR guidelines to take appropriate steps.

  8. 8. Data Processing

    In submitting any third-party personal data within the context of the Services (“Third-Party Data”), the parties agree that you shall be the Data Controller and you appoint us as a Data Processor of such data, for the purpose of providing the Services. To the extent that we are a “Data Processor” for you in respect of such Third-Party Data, we will:

    • Implement appropriate technical and organizational measures to safeguard the Third-Party Data against any unauthorized or unlawful access, loss, destruction, theft, use or disclosure. We implement basic level security in accordance with United States Law. If higher levels of security are required, please contact us.
    • Limit access to the Third-Party Data only to those employees who need to know it to enable the Processor to perform the Services, and shall take appropriate steps to ensure the reliability of those of our employees or subcontractors who have access to such Third-Party Data.
    • Only process the personal data as specified by this Agreement and in accordance with your instructions, and will not use the Third-Party Data for any purposes other than those related to the performance of the Services or pursuant to your written instructions.
    • Upon the expiry or termination of this Agreement, or upon your request, cease any and all use of the Third-Party Data and destroy or return it to you.
    • Not disclose the Third-Party Data to any third-party without your prior written consent. Such consent is granted on, for example, your instruction to share a dashboard with third parties (public or within a restricted group).

    We as Data Processor may provide access to a subcontractor processor to any such Third-Party Data if we reasonably consider such access and processing necessary to the performance of the Services. In the event of such access and before the access takes place, we will ensure that an agreement with the third-party is in place which is sufficient to require it to treat personal data in accordance with the applicable provisions of this Agreement and applicable law. In particular, you authorize us to subcontract the provision of technology and commercial services to members of our corporate group.

    You represent and warrant that you have all the appropriate consents from data subjects whose personal data are submitted to us in the course of the provision of the Services.

  9. 9. Data Controller (EU/EEA)

    We process Personal Data both as a processor and a controller as defined by the Directive and the GDPR.

    The IntelliBoard entity which you as a User entered an agreement with when using our Services will be the Processor for the User data as outlined above in “Collection of Information” section in accordance with Directive and GDPR and we will be the Processor.

    For other data, as outlined in the “Collection of Information” section, the User will be the Controller in accordance with Directive and GDPR and we will be the Processor.

    All data collected by our users through surveys will be stored exclusively in secure hosting facilities provided by Amazon Web Services. We have a data processing agreement in place with its provider, ensuring compliance with the Directive. All processor hosting is performed in accordance with the highest security regulations. All transfers of all data internally in the EEA is done in accordance with this processing agreement.

    Contact information for the EEA Data Controller Processor:

    At any time you can contact us to:

    • Request access to information that we have about you (which is only your user name)
    • Correct any information that we have about you
    • Delete information that we have about you
    • If you have any additional questions, please contact

      IntelliBoard, Inc

      PO Box 474

      Monroe, CT 06468

      [email protected]

  10. 10. Disclosure to Third Parties

    We will not share your Personal Information with third parties without your express consent, except in the limited circumstances described below:

    • We may share your Personal Information third party service providers for the limited purposes described in the section entitled “How Your Information is Used.”
    • We will share your Personal Information when required by law, regulation, or litigation, and as necessary for purposes of national security, law enforcement, or other issues of public importance.
    • If we sell assets or are acquired by or merged with another entity, we may provide such entity customer information without obtaining your further consent. We may provide notice of such asset sales, acquisitions, or mergers on the Site.

  11. 11. Your Choices
    • If at any time you are uncomfortable with our use of your Personal Information for internal marketing purposes and for the purpose of creating aggregate reports, you may opt-out by email as described in “Opting-Out or Updating Your Personal Information and Privacy Preferences.” Note that if you opt not to provide us with certain mandatory information, then our Products and services may be unavailable to you.
    • You may similarly opt out of receiving communications from us, although we may find it necessary to continue to communicate with you regarding your use of the Services
    • For our websites, you may set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly.

  12. 12. Governing Law

    The terms of this Privacy Policy are governed by and in accordance with the laws of the state of Connecticut, and, where applicable, the laws of the countries where our servers are located. You should not provide us with any Personal Information unless you consent to the application of United States law and, where applicable, Connecticut law, and to the use and disclosure of your information in accordance with the terms of this Privacy Policy.

  13. 13. Opting-Out or Updating Your Personal Information and Privacy Preferences

    You have the right to access, correct and delete inaccuracies in your Personal Information and privacy preferences on the Services at any time by signing into your account and editing your Personal Information in your account profile. You may also do so by contacting us via telephone, postal mail, or email.

    If at any time you wish to request the personal data we’ve collected about you, withdraw your consent to our processing of your data or opt out of our use of your information for internal marketing purposes or for compiling aggregate risk reports, you may do so by sending a written notice to: [email protected] . Note that your withdrawal of consent may prevent us from providing the Services to you.

  14. 14. Privacy Complaints

    We take our users’ privacy concerns seriously. If you believe that we have not complied with this Privacy Policy with respect to your Personal Information, you may write to us at the address noted above.

    Also, please note that we are not responsible for the content or privacy practices of third-party websites or integrated products to which the Site or the Services may link. You should review the privacy policies of such sites before using the associated sites.

    The Services are intended for users in the United States and those not governed by privacy policies of other countries. Users outside the United States are advised not to disclose Personal Information to us.

Privacy Shield Policy

IntelliBoard Inc. ("IntelliBoard") has adopted this Privacy Shield Policy ("Policy") to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that IntelliBoard obtains from Customers located in the European Union and Switzerland.

IntelliBoard complies with the US-EU Privacy Shield Framework and Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from Individual Customers in the European Union member countries and Switzerland. IntelliBoard has certified that it adheres to the Privacy Shield Privacy Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, recourse, enforcement and liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Privacy Principles, the Privacy Shield Privacy Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov .

The Federal Trade Commission (FTC) has jurisdiction over IntelliBoard's compliance with the Privacy Shield.

All IntelliBoard employees who handle Personal Data from Europe and Switzerland are required to comply with the Principles stated in this Policy.

Capitalized terms are defined in Section 14 of this Policy.

  1. 1. Scope

    This Policy applies to the processing of Individual Customer Personal Data that IntelliBoard receives in the United States concerning Individual Customers who reside in the European Union and Switzerland. IntelliBoard provides products and services to businesses and consumers.

    This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)

  2. 2. Responsibilities and management

    IntelliBoard has designated the Legal Department to oversee its information security program, including its compliance with the EU and Swiss Privacy Shield program. The Legal Department shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to [email protected] .

    IntelliBoard will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. IntelliBoard personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that IntelliBoard has undertaken to protect Personal Data.

  3. 3. Renewal / Verification

    IntelliBoard will renew its US-EU Privacy Shield and Swiss-US Privacy Shield certifications annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.

    Prior to the re-certification, IntelliBoard will conduct an in-house verification to ensure that its attestations and assertions about its treatment of Individual Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, IntelliBoard will undertake the following:

    • Review this Privacy Shield policy and its publicly posted website privacy policy to ensure that these policies accurately describe the practices regarding the collection of Individual Customer Personal Data.
    • Ensure that the publicly posted privacy policy informs Individual Customers of IntelliBoard's participation in the US EU Privacy Shield and US Swiss Privacy Shield programs and where to obtain a copy of additional information (e.g., a copy of this Policy).
    • Ensure that this Policy continues to comply with the Privacy Shield principles.
    • Confirm that Individual Customers are made aware of the process for addressing complaints and any independent dispute resolution process (IntelliBoard may do so through its publicly posted website, Individual Customer contract, or both).
    • Review its processes and procedures for training Employees about IntelliBoard's participation in the Privacy Shield programs and the appropriate handling of Individual's Personal Data.

    IntelliBoard will prepare an internal verification statement on an annual basis.

  4. 4. Collection And Use Of Personal Data

    IntelliBoard provides various solutions to its Individual Customers who purchase its products. IntelliBoard collects Personal Data from Individual Customers when they purchase its products, register with our website, log-in to their account, complete surveys, request information or otherwise communicate with us. For example, IntelliBoard individual customers may choose to seek live support or post to a message board.

    The Personal Data that we collect may vary based on the Individual Customer's interaction with our website and request for our services. As a general matter, IntelliBoard collects the following types of Personal Data from its Individual Customers: contact information, including, a contact person's name, work email address, work mailing address, work telephone number, title, and company name, as well as payment information (which might include credit card and/or bank account information). Individual customers have the option to log into their accounts online and to request service online, including through a live support option; we will collect information that they choose to provide to us through these portals.

    When Individual Customers use our services online, we will collect their IP address and browser type. We may associate IP address and browser type with a specific customer. We also may collect Personal Data from persons who contact us through our website to request additional information; in such a situation, we would collect contact information (as discussed above) and any other information that the person chooses to submit through our website.

    The information that we collect from Individual Customers is used for selling the products and services they buy from us, managing transactions, reporting, invoicing, renewals, other operations related to providing services and products to the Individual Customer.

    For certain products, IntelliBoard serves as a service provider. In our capacity as a service provider, we will receive, store, and/or process Personal Data. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of our partners and/or agents. The information that we collect from our Individual Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to the Individual Customer, and as otherwise requested by our partner and/or re-seller agent.

    IntelliBoard uses Personal Data that it collects directly from its Individual Customers and for its partners indirectly in its role as a service provider for the following business purposes, without limitation:

    • maintaining and supporting its products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to a Individual Customer);
    • satisfying governmental reporting, tax, and other requirements (e.g., import/export);
    • storing and processing data, including Personal Data of individuals residing in European Union, in computer databases and servers located in the European Union;
    • verifying identity (e.g., for online access to accounts);
    • as requested by the Individual Customer;
    • for other business-related purposes permitted or required under applicable local law and regulation;
    • and as otherwise required by law.

    IntelliBoard does not disclose personal information to third parties for purposes that are materially different than what it was originally collected for. Should this change in the future, we will provide individuals with the option to opt-out.

  5. 5. Disclosures / Onward Transfers Of Personal Data

    Except as otherwise provided herein, IntelliBoard discloses Personal Data only to Third Parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.

    IntelliBoard may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, IntelliBoard may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by IntelliBoard and they must either:

    • comply with the Privacy Shield principles or another mechanism permitted by the applicable EU & Swiss data protection law(s) for transfers and processing of Personal Data;
    • or agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy;

    IntelliBoard also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Please be aware that IntelliBoard may be required to disclose an individual's personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. IntelliBoard is liable for appropriate onward transfers of personal data to third parties.

  6. 6. Sensitive Data

    IntelliBoard does not collect Sensitive Data from its Individual Customers.

  7. 7. Data Integrity And Security

    IntelliBoard uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. IntelliBoard has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to IntelliBoard's electronic information systems requires user authentication via password or similar means. IntelliBoard also employs access restrictions, limiting the scope of employees who have access to Individual Customer Personal Data.

    Further, IntelliBoard uses secure encryption technology to protect certain categories of personal data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.

  8. 8. Notification

    IntelliBoard notifies Individual Customers about its adherence to the EU-US Privacy Shield and Swiss-US Privacy Shield principles through its publicly posted website privacy policy, available at: http://www.intelliboard.net/privacy.php and take Individual customers approval and adherence to the current policy when they provide their information to us in the transactional process.

  9. 9. Accessing Personal Data

    IntelliBoard personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.

  10. 10. Right To Access, Change Or Delete Personal Data
    • Right to Access. Individual Customers have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which IntelliBoard collected it. Individual Customers may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and IntelliBoard policies. Upon reasonable request and as required by the Privacy Shield principles, IntelliBoard allows Individual Customers access to their Personal Data, in order to correct or amend such data where inaccurate. Individual Customers may edit their Personal Data by logging into their account profile or by contacting IntelliBoard by phone or email. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Individual Customers should submit a written request to local IntelliBoard office.
    • Requests for Personal Data. IntelliBoard will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If IntelliBoard receives a request for access to his/her Personal Data from an Individual Customer, then, unless otherwise required under law or by contract with such Individual Customer, IntelliBoard will refer such Data Subject to the Individual Customer.
    • Satisfying Requests for Access, Modifications, and Corrections. IntelliBoard will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
  11. 11. Changes To This Policy

    This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make employees available of changes to this policy either by posting to our intranet, through email, or other means. We will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.

  12. 12. Questions Or Complaints

    EU and Swiss Individual customers may contact IntelliBoard with questions or complaints concerning this Policy at the following address: [email protected]

  13. 13. Enforcement And Dispute Resolution

    In compliance with the US-EU and Swiss-US Privacy Shield Principles, IntelliBoard commits to resolve complaints about your privacy and our collection or use of your personal information. EU and Swiss individuals with questions or concerns about the use of their Personal Data should contact us at: [email protected] .

    If a Customer's question or concern cannot be satisfied through this process IntelliBoard has further committed to refer unresolved privacy complaints under US-EU Privacy Shield and Swiss-US Privacy Shield to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus.

    If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by IntelliBoard, EU and Swiss individuals may bring a complaint before the BBB EU and Swiss Privacy Shield program can be found at: www.bbb.org/EU-privacy-shield/for-eu-consumers/ . Finally, as a last resort and in limited situations, EU and Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.

    IntelliBoard commits to cooperate with EU and Swiss data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.

  14. 14. Defined Terms

    Capitalized terms in this Privacy Policy have the following meanings:

    "Individual Customer" means an Individual customer or client of IntelliBoard from EU or Switzerland. The term also shall include any individual agent, representative, of an individual customer of IntelliBoard and all employee of IntelliBoard where IntelliBoard has obtained his or her Personal Data from such Individual Customer as part of its business relationship with IntelliBoard.

    "Data Subject" means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For Customers residing in Switzerland, a Data Subject also may include a legal entity.

    "Employee" means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of IntelliBoard or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area.

    "Europe" or "European" refers to a country in the European Union.

    "Personal Data" as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual's name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term "person" includes both a natural person and a legal entity, regardless of the form of the legal entity.

    "Sensitive Data" means Personal Data that discloses a Data Subject's medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.

    "Third Party" means any individual or entity that is neither IntelliBoard nor an IntelliBoard employee, agent, contractor, or representative.

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