ONLINE PRIVACY POLICY

Last modified: September, 2021

Introduction

HB Enterprises, Inc., dba GatherBoard, dba CheddarBoard ("Company" or "We") respect your privacy and are committed to protecting your Personal Data through our compliance with this policy. For the purpose of this privacy policy, “Personal Data†is as defined in GDPR Article 4, (hereafter “Personal Dataâ€). We will strive to process your Personal Data lawfully, fairly, and in a transparent manner. Your Personal Data will be collected for specified, explicit and legitimate purposes that align with the services you have requested and not further processed in a manner that is incompatible with the requested services. Our processing of your data shall be limited to that which is adequate, relevant and limited to what is necessary to provide you the requested services.

This policy describes the types of information we may collect from you or that you may provide when you visit the website gatherboard.com (our "Site"), data obtained from your use of the Site and services, and data obtained from third-parties, and our practices for collecting, using, maintaining, protecting, providing, deleting, and disclosing that information.

Enrolling in or creating an account through the site requires your explicit acceptance of this Privacy Policy. Use of the site as a non-account holder constitutes acceptance of this Privacy Policy even though we do not collect Personal Data.

This policy applies to information we collect:

  • On this Site, whether provided by you or collected by us through your use of our Site or our applications;

  • In email, text, and other electronic messages between you and us using this Site;

  • offline or through any third-party, including on any other website operated by Company or any third party and when we do so we will notify you within thirty (30) days of receiving such information; or

  • Through mobile and/or desktop applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site.

It does not apply to information collected by:

  • Any third party, including through any application or content (including advertising) that may link to or be accessible or linked from or on the Site.

You understand and acknowledge that providing Personal Data may be a statutory or contractual requirement, or a requirement necessary to enter into a contract or receive or use our Site and the services we provide. This means you are required to provide the personal information to confirm your identity and use the site, services, or software. Refusal to provide adequate personal information may result in denial or suspension of use of the Site.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 15

Our Site is not intended for children under 15 years of age. No one under age 15 may provide any information to the Site. We do not knowingly collect personal information from children under 15. If you are under 15, do not use or provide any information on this Site or through any of its features, register on the Site, make any payments or donations through the Site, use any of the interactive or public comment features of this Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 15 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 15, please contact us at admin@gatherboard.com

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information.

Information We Collect About You and How We Collect It

Once we have processed or stored your data we will use reasonable efforts to assure your Personal Data is accurate, up to date, and eliminate inaccuracies we find or you notify us exist. We do not, however, assert, claim, or ensure the Personal Data you provide or is provided by others to us is accurate. You have the right to request correction of any and all data collected when access to such data is not provided to you through our Site or Applications. We will promptly correct such data upon request but in no case will such correction require more than thirty (3) days.

We collect several types of information from and about users of our Site, including information:

  • by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline;

  • that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks.; and/or

  • about your internet connection, the equipment you use to access our Site, and usage details.

We collect this information:

  • Directly from you when you provide it to us.

  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

  • From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Site may include:

  • Information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you report a problem with our Site.

  • Records and copies of your correspondence (including email addresses), if you contact us.

  • Details of transactions you carry out through our Site and of the fulfillment of your campaigns, payments, or donations. You may be required to provide financial information before placing an order through our Site.

  • Your search queries on the Site.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.

  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically does not include personal information. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our Site according to your individual interests.

  • Speed up your searches.

  • Recognize you when you return to our Site.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.

  • Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.

  • Web Beacons. Pages of our Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect Personal Data automatically, but may automatically collect data that we may integrate or link to personal information about you that we collect or receive from other sources or you provide to us. All such data is covered by this Privacy Policy.

During our normal course of business we do not collect, process, or store Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data for the purpose of uniquely identifying a natural person, health data, or data concerning a natural person’s sex life or sexual orientation. Should such Personal Data come into our possession or be processed by us from other sources, including you providing such data, we will erase this type of data upon your request or maintain such data upon your request with explicit consent by you. Only with your consent or for compelling reasons enumerated in GDPR Chapter 2 Article 2(2) or as compelled by law will we collect, store, or process such data.

We will process your Personal Data when you provide consent in compliance with all State and Federal laws, when the processing is necessary to provide you the service you requested, to protect your vital interests or that of someone else, when necessary to accomplish a task in the public interest, and when necessary for us to perform standard business and technical processes where such processes do not override your rights or that of a minor. If we must process or store your Personal Data for any other reason we will notify you and request your consent if such consent is required.

If we would like to use your data for a purpose other than providing the services you requested, we will gain your explicit consent to do so. Such consent will be verified by us to authenticate you and confirm your consent. After giving consent, you may revoke consent at any time.

We will use industry standard practices to provide you with requested services, or Personal Data may be stored for longer periods insofar as the Personal Data will be required for financial or legal reasons, or remains part of our normal archiving process when such data shall remain offline and not available to the public, or processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with GDPR Article 89(1). We implement industry standard practices to provide security and protect the confidentiality of your Personal Data against unauthorized or unlawful processing and against accidental loss, destruction or damage. We periodically update our standard practices which can be obtained upon request.

We will process and store your Personal Data while you continue to use the requested services and, upon termination of your use of the requested services, we will erase your Personal Data from active repositories and, through the normal course of business and technical processes, erase your Personal Data from archives and backup storage.

Third-Party Use of Cookies

Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your Personal Data or they may collect information, including Personal Data, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We will use the information you provide solely for the purpose of notifying you about information pertinent to you and present on the Site. We may also use the information you provide us to notify you of relevant information pertinent to you and present on the the Site and any Products or Services offered by the Site. We will never use your Personal Data to send you communications containing information not relevant to the Site, including any advertisements that may be including in the Site unless you have explicitly opted in to receive such communications. You may withdraw your consent through an unsubscribe link or action at any time. If we communicate with you using information we obtained from a third-party we will notify you at the time of communication that we have obtained such information from a third-party and identify the third-party. Any advertisements included in information provided by the site (i.e. via email) do not and will not use your Personal Data to target you in any manner, and are completely unrelated to advertisements found on the Site.

The Site may contain advertisements or sponsorships, which are offered by third-parties, as well as, in some instances, the Site itself or parties associated with Company. The Site is not liable for any Personally Identifiable Information collected by advertisements not associated with the Site or Company. The Site will make every effort to protect the Personal Information of consumers, clients, and visitors, and will never disclose Personal Information to any third-party.

Disclosure of Your Information

We may disclose aggregated and anonymized information about our users, where such disclosed information that does not identify any individual, without restriction. However, we will never disclose aggregated information that can or may be used to identify any individual person.

We do not sell, share, or disclose Personal Information about our users and visitors to outside companies unless compelled by law, regulation, audit requirements, or other legal requirements. This includes but is not limited to advertisers and sponsors on the Site, unless you give explicit permission through an opt-in election on your part, which may be revoked at any time. If we disclose information to a third-party we will notify you before or at the time of disclosure and specify why such disclosure has or will occur.

We may disclose user Personal Data and non-personal information if:

  1. we are required to do so by law or regulation, search warrant, subpoena or court order, or to a third-party to which ownership of Company, and/or the Site is transferred via an acquisition, merger, sale of assets or otherwise, or are compelled to do so on good faith belief that such action is necessary to conform or comply with any legal, regulatory, law enforcement, or similar requirement for investigation; or

  2. to protect or defend the rights of Company, or any user of the Site.

We may disclose Personal Data that we collect or you provide as described in this Privacy Policy:

  • To our license holders, subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by the Company about our Site users is among the assets transferred where such successor will be GDPR compliant.

  • To third parties to market their products or services to you if you have consented to these disclosures. For more information, see Choices About How We Use and Disclose Your Information below.

  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use an "email a friend" like-feature of our Site, we will transmit the contents of that email and your email address to the recipients.

  • For any other purpose disclosed by us when you provide the information and to which you consent.

  • With your consent.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can 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.

  • Disclosure of Your Information for Third-Party Advertising. The Company will not share your Personal Data with unaffiliated or non-agent third parties for promotional purposes unless you consent on the form on which we collect your data.

  • Promotional Offers from the Company. Part of the services offered through the Site are delivery of promotional offers which you may consent to through an opt in choice when creating an account. If you do not wish to have your Personal Data used by the Company to promote our own or third parties' products or services, you can opt-out through an unsubscribe link, or at any other time by adjusting your user preferences in your account profile, or by sending us an email stating your request to admin@gatherboard.com .

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

You will have the right to obtain from us information as to whether your Personal Data is being processed, and if so, (i) be informed of the purpose of the processing; (ii) be informed of the categories of Personal Data processed; (iii) be informed of the recipients or categories of recipient to whom the Personal Data have been or will be disclosed, if any; (iv) be aware, if possible, of the time period for which the Personal Data will be stored, or, if not possible, the criteria used to determine that time period; (v) be afforded the existence of the right to request from us, or a third-party, rectification or erasure of Personal Data or restriction of processing of your personal inform, or object to such processing; (vi) have the right to submit a complaint to us or the appropriate third-party; (vii) have the right to request the source of any information not collected directly from you; (viii) be notified if your Personal Data is utilized by algorithms to enhance your user experience or supplement Personal Data; and (ix) the right to obtain a copy of the Personal Data undergoing such processing and you agree to pay a reasonable fee if requested for a copy of your Personal Data being so processed provided obtaining such a copy does not adversely affect the rights and freedoms of others

California residents may have additional data privacy and use rights and choices. Please see Your California Privacy Rights for more information.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.

California's "Shine the Light" law (Civil Code Section § 1798.83), and other California law, permits users of our Site or App that are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to admin@gatherboard.com .

Data Security

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for choosing a password and keeping this password confidential. You may not to share your password with anyone, and if you do we may suspend or terminate your account as specified in our Terms of Use. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.

Unfortunately, the transmission of information via the internet is not completely secure. Although we use industry standard processes to protect all your information, we cannot guarantee the security of your information transmitted to our Site or the information once it has been transmitted from our Site. Any transmission of information is done at your own risk. You are not permitted to circumvent any privacy settings or security measures contained on the Site.

Changes to Our Privacy Policy

It is our policy to post any changes to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Site home page. If we make material changes to how we treat our users' information, we will notify you by email using the then current the email address specified in your account profile or by a notification posted on the Site and clearly visible to all users. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring a currently active and accurate email address, and for periodically visiting our Site and this Privacy Policy to check for any changes. You must object to the Privacy Policy within thirty (30) days of such notification or terminate your account should you be unwilling to accept changes to the Privacy Policy. Implementation of changes to the Privacy Policy may revert some of your choices as to opt in for services to opt out until you make an explicit choice to opt in.

Right to be Forgotten.

You have the right to obtain from us the erasure of Personal Data concerning you without undue delay and we will have the obligation to erase Personal Data without undue delay when: (i) your Personal Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (ii) you withdraw your consent on which the processing is based providing there is no other legal ground for the processing or retaining of your Personal Data; (iii) you object to the processing and there are no overriding legal or legitimate grounds for the processing; (iv) we have inadvertently or unlawfully captured or processed your Personal Data; (v) your Personal Data must be erased in order to comply with a legal order issued by a court of proper jurisdiction or to comply with a statute to which we are subject; (vi) your Personal Data has been collected in relation to the offer of information society services referred to in GDPR Article 8(1). Where we have made your Personal Data public and are obligated to erase the Personal Data, we will, after taking account of available technology and the cost of implementation, take reasonable steps, including technical measures at our disposal, inform others which are processing or storing your Personal Data that you have requested the erasure by such others of any links to, or copy or replication of, your Personal Data. You acknowledge that such public information may never be completely erased despite our efforts. We may not be able to erase your information, specifically when continued processing or storage is necessary for: (i) exercising the right of freedom of expression and information; (ii) compliance with a legal obligation which requires processing or storage where such legal obligation stems from a legal order issued by a court of proper jurisdiction or compliance with a statute to which we are subject; (iii) reasons of public interest in the area of public health as specified in the GDPR; (iv) archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with those specified in the GDPR; (v) or to assert, exercise, or defend legal claims.

We will inform you and any third-parties when your Personal Data has been rectified or erased or is subject to a restriction of processing. We will inform you as to which third-parties we have contracted as well.

Right to Receive.

You have the right to receive your Personal Data and other information about in a structured, commonly used and machine-readable format of our choice and have the right to provide such information to any party of your choosing without restriction or hindrance from us. If practicable, and at our sole discretion, we may provide your Personal Data and other information to a third-party you have designated to receive your information. Providing your data to a third-party has no impact or relationship to decisions you may make regarding erasure of your Personal Data nor adversely affect the rights of others.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

admin@gatherboard.com

To register a complaint or concern, contact us at: admin@gatherboard.com