Privacy Policies

PRIVACY AND DATA SECURITY POLICY

Revision Date: 06/28/2022

Introduction

Breadware Holding LLC dba Breadware (“Breadware”) respects the Licensee’s privacy and is committed to protecting it through Breadware’s compliance with this Privacy and Data Security Policy (“Policy”). As used in this Policy, “Licensee” means (i) the purchaser of the Software and/or (ii) the user of the Software and the organization the user represents. This Policy describes:

  • The types of information that Breadware may collect or that the Licensee may provide when the Licensee registers with, accesses or uses Breadware’s cloud-based analytics services (“Services”).
  • Breadware’s practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies only to information that Breadware collects through or in connection with Breadware’s Services, including information in email, text and other electronic communications sent through or in connection with Breadware’s Services.

This Policy DOES NOT apply to information that:

  • Breadware collects from visitors on Breadware’s website.
  • Breadware collects offline or from other websites, including any website that the Licensee may access through Breadware’s website.
  • Breadware provides to or is collected by any third party.

Breadware’s website, other websites and third parties may have their own privacy policies, which Breadware encourages the Licensee to read before providing information on or through them.

Please read this Policy carefully to understand Breadware’s policies and practices regarding the Licensee’s information and how Breadware will treat it. If the Licensee does not agree with Breadware’s policies and practices, do not register with or use Breadware’s Services. By registering with or using Breadware’s Services, the Licensee agrees to this Policy.

Changes to This Policy

Breadware may modify this Policy from time to time. The Licensee’s continued use of Breadware’s Services after Breadware makes modifications to this Policy is deemed to be the Licensee’s acceptance of those modifications, so please check this Policy periodically for revisions. The date this Policy was last revised is identified at the top of the page.

Information Breadware Collects and How Breadware Collects It

Breadware collects information:

  • Directly from the Licensee when the Licensee provides it to Breadware.
  • Automatically when the Licensee uses Breadware’s Services.

Information Breadware Collects:

  • When the Licensee signs up for Breadware’s Services, Breadware asks the Licensee to complete a registration form so that the Licensee can create an account. Breadware also provides the Licensee with an application programming interface (API) key so that the Licensee can connect to Breadware’s Services and upload information.
  • When the Licensee registers for an account, Breadware collects certain profile information such as the Licensee’s first and last name, email address, project or business name and payment information.
  • If the Licensee sends Breadware feedback, requests support, or otherwise interacts with Breadware, the Licensee may collect the personal information contained in any email, text, or other electronic communication that the Licensee sends to Breadware.
  • Breadware may combine personal information submitted by the Licensee with information obtained from other sources.
  • Breadware collects all information that the Licensee uploads to Breadware’s Services. Breadware has no control over what information Breadware uploads to Breadware’s Services. Breadware’s Services may use technology to automatically collect usage details and device information.
  • Usage Details. When the Licensee accesses and uses Breadware’s Services, Breadware may automatically collect certain details about the Licensee’s access to and use of Breadware’s Services, including traffic data, location data, logs and other communication data and the resources that the Licensee accesses and uses on or through Breadware’s Services.
  • Device Information. Breadware may collect information about the device and internet connection the Licensee uses to access and upload information to Breadware’s Services, such as the Licensee’s device type, operating system type, browser type, domain, system settings, and IP address, as well as the language the Licensee’s system uses and the country and time zone where the Licensee’s device is located.

How Breadware Collects It:

  • Breadware collects information directly from the Licensee when the Licensee provides it to Breadware (i) through the use of forms, such as completing a registration form or survey, or (ii) by sending Breadware feedback, requesting support, or otherwise interacting with Breadware by telephone or by email, text, or other electronic communication.
  • Breadware collects information automatically from the Licensee through the use of cookies and navigational data, such as Uniform Resource Locators (URL), when the Licensee accesses and uploads information to Breadware’s Systems. A “cookie” is a small data file placed on the Licensee’s device. It may be possible for the Licensee to refuse to accept cookies by activating the appropriate setting on the Licensee’s device, but choosing to disable cookies may impede or prevent the Licensee’s device from accessing or uploading information to Breadware’s Systems.

How Breadware Uses the Licensee’s Information:

Breadware uses information that Breadware collects about the Licensee or that the Licensee provides to Breadware, including any personal information, to:

  • Provide the Licensee with Breadware’s Services and any support or other service or information that the Licensee requests from Breadware.
  • Fulfill any other purpose for which the Licensee provides it.
  • Give the Licensee notices about the Licensee’s account, including for billing and collection.
  • Carry out Breadware’s obligations and enforce Breadware’s rights arising under Breadware’s End User Licensing Agreement or any other contract between the Licensee and Breadware.
  • Notify the Licensee when updates to Breadware’s Services are available and of changes to any products or services Breadware offers or provides though Breadware’s Services.
  • Periodically send to the Licensee newsletters and communications promoting the use of Breadware’s Services. The Licensee may “opt-out” of such receiving such promotional communications as set forth below.

Breadware has no control over what information the Licensee uploads to Breadware’s Systems or how the Licensee uses such information, and Breadware will not access or use such information, other than in aggregated form for billing and financial reporting, except as may be necessary to provide the Licensee with support services or to comply with any court order, law, or legal process, including to respond to any government or regulatory request. The usage details that Breadware collects helps Breadware to improve Breadware’s Services.

Disclosure of the Licensee’s Information

Breadware may disclose aggregated information about Breadware’s Services or de-identified data derived from personal information without restriction. In addition, Breadware may disclose information, including personal information, that Breadware collects or that the Licensee provides:

  • To Breadware’s subsidiaries and affiliates.
  • To Breadware’s authorized Distributors or Resellers.
  • To contractors, service providers and other third parties that Breadware uses to support Breadware’s business, who are generally bound by contractual obligations to keep personal information confidential and use it only for the purposes for which Breadware discloses 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 Breadware’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Breadware about Breadware’s customers is among the assets transferred.
  • To fulfill the purpose for which the Licensee provides it.
  • For any other purpose disclosed by Breadware when the Licensee provides the information.
  • With the Licensee’s consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce Breadware’s rights arising from any contracts entered into between the Licensee and Breadware, including Breadware’s End User Licensing Agreement, and for billing and collection purposes.
  • If Breadware believes disclosure is necessary or appropriate to protect Breadware’s rights, property, or safety or that of Breadware’s customers or others.

Individuals from the European Union

  • Controller: Breadware Holding LLC dba Breadware, a Colorado corporation, is the data controller for personal information collected under this Privacy Policy. In certain cases, Breadware may partner with certain entities to facilitate the provision of Breadware’s Services, and in those cases, Breadware’s partner may become a joint controller with respect to the personal information Breadware provides it.
  • Legal Bases for Processing: Breadware processes the Licensee’s personal information for one or more of the following general permitted purposes in accordance with the corresponding legal basis.
Legal Basis Permitted Purpose
Where it is necessary to perform Breadware’s contract with the Licensee or to take steps at the Licensee’s request to enter into the contract For example:

  • to perform Breadware’s Services if the Licensee is a client.
Where it is necessary for compliance with a legal obligation For example:

  • to protect Breadware’s and Breadware’s clients’ personal information, and other information, property, and assets,
  • to cooperate with Breadware’s regulators and other public authorities (including by responding to their requests for information, undertaking internal investigations, and complying with Breadware’s reporting and other professional obligations), and
  • to comply with any other obligation to which Breadware is subject under applicable rules and law.
Where it is necessary for the purposes of Breadware’s or another party’s legitimate interests, except where these are overridden by the Licensee’s interests, rights, or freedoms For example:

  • to ensure compliance with Breadware’s internal policies;
  • for general security and business continuity purposes;
  • for business management and financial planning (including management of suppliers, business process improvement and quality purposes, management reporting and reviewing records, accounting and auditing, and corporate due diligence);
  • for managing insurances, complaints, and potential and actual claims;
  • to ensure the effective provision of Services to clients and enhance Breadware’s international business and cross-border offerings;
  • for training and continuing professional development purposes;
  • to organize corporate events and to carry out market research campaigns;
  • to protect, manage, and improve Breadware’s Services and other services Breadware offers; and
  • for any other legitimate purpose communicated to the Licensee at the time of collection of the Licensee’s personal information.

Breadware considers that Breadware’s legitimate interests and these uses are proportionate, and compatible with the Licensee’s interests, legal rights, or freedoms. Details of the balancing test undertaken in respect of such collection and use is available upon request.
Where the Licensee provides consent For example:

  • To respond to the Licensee’s inquiries and requests for information about Breadware and Breadware’s Services,
  • to the extent applicable laws in certain jurisdictions require the Licensee’s consent for advertising, marketing, and public relations purposes, and
  • where the Licensee otherwise provides Breadware with the Licensee’s consent.

Please note that the Licensee may withdraw the Licensee’s consent to processing personal information at any time through the contact procedures provided below.

The Licensee’s Choices and Right to Access and Correct Personal information

If the Licensee receives newsletters or promotional communications from Breadware, the Licensee may indicate a preference to stop receiving further promotional communications from Breadware by following the unsubscribe instructions provided in the e-mail the Licensee receives.

The Licensee may review and change the Licensee’s personal information by visiting the Licensee’s account profile page. The Licensee may also send Breadware an email at [email protected] to request access to, correct or delete any personal information that the Licensee has provided to Breadware. Breadware may be unable to delete the Licensee’s personal information except by also deleting the Licensee’s account. Breadware may not accommodate a request to change information if Breadware believes the change would violate any law or legal requirement or cause the information to be incorrect.

Children under the Age of 13

Breadware’s Services are not intended for children under 13 years of age and Breadware does not knowingly collect personal information from children under 13. If Breadware learns that Breadware has collected or received personal information from a child under 13 without verification of parental consent, Breadware will delete that information. If the Licensee believes that Breadware might have any information from or about a child under 13, please contact Breadware at [email protected].

Data Security

Breadware maintains administrative, technical, and physical safeguards designed and intended to protect personal information against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. Despite these safeguards, due to inherent uncertainty in the use of the internet and information systems and the potential for unlawful attacks by third parties, Breadware cannot guarantee that the use of Breadware’s Systems will be completely safe or secure.

Information that Breadware collects and uses may be transferred, stored, and accessed globally to support Breadware’s Services. Breadware retains information for as long as it is needed or useful to provide and improve Breadware’s Services and comply with Breadware’s legal obligations, resolve disputes, and enforce Breadware’s rights under agreements.

Contact Information

To ask questions or comment about this Policy and Breadware’s privacy practices, contact Breadware at [email protected].

BREADWARE HOLDING LLC dba BREADWARE
DATA USE POLICY

Revision Date: 06/28/2022

Data Use Policy

Breadware Holding LLC dba Breadware is committed to protecting the data of customers and users of the Breadware Services (defined below). This Data Use Policy describes the manner in which data submitted through the Services and learned from use of the Services are handled and used. By use of the Services, the Licensee expressly consents to the terms and conditions of this Data Use Policy. If the Licensee does not agree to the terms of this Data Use Policy, please do not use the Services. Breadware reserves the right to modify this Data Use Policy at any time following thirty (30) days’ notice. The Licensee’s continued use of the Services following notice, will constitute its acceptance of any revisions of this Data Use Policy.

Definitions

As used in this Data Use Policy, the following terms shall have the following meanings:

“Data” means data or information, including system-specific data.

“Learned Data” means Data derived or created during the scope of a user’s provisioning and use of the Services.

“Licensee Data” means Data submitted by customers and users of the Services in the course of the provisioning and use of the Services, excluding Learned Data.

“Services” shall mean the services offered by Breadware now or in the future and subject to applicable license.

Data Usage and License Grants

Licensee Data

In Breadware’s performance of the Services or in connection with the Licensee’s use of the Services, it may be necessary for Breadware to obtain, receive, or collect License Data. Users control the nature of and amount of License Data submitted through the Services. Users shall retain ownership of all License Data.

The Licensee grants Breadware a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, compile, distribute, display, store, process, reproduce, or create derivative works of the License Data: (1) to facilitate the performance of Services by Breadware or the Licensee’s use of the Services; (2) for the internal business purposes of Breadware such as, for example, the improvement or creation of new software or services; (3) to disclose the License Data to its employees and contractors who are subject to similar confidentiality obligations at least as stringent as those between Breadware and the Licensee and who need access to the License Data in connection with any of the foregoing purposes or to perform Breadware’s obligation under this Data Use Policy; and (4) to use any License Data at the aggregate level for the purpose of creating and publishing comparative benchmarks, norms or proprietary algorithms, or marketing and operational purposes, subject to de-identifying reference to the Licensee and the Licensee’s end users from any such License Data. The Licensee also grants Breadware the right to copy and maintain such material and content on its servers (or the servers of its suppliers) while using the Services or otherwise in accordance with the terms of any applicable license.

The Licensee represents and warrants that it has obtained all rights, permissions, and consents necessary to use and transfer the Data within and outside of the country in which the Licensee is located in conjunction with Breadware’s performance of the Services or the Licensee’s use of the Services (including providing adequate disclosures and obtaining legally sufficient consent from the Licensee’s employees, agents, and contractors).

Learned Data

Breadware shall own all right, title and interest in and to the Learned Data. The Licensee shall have the right to use, compile, distribute, display, store, process, reproduce, or create derivative works of the Learned Data during the term of the Licensee’s active license agreement with Breadware.

Data Retention

Breadware will retain customer data related to its Services for current Licensees for at least two years, unless otherwise specified. Retention of customer data for inactive Licensees will be retained for at least 30 days following termination.

Miscellaneous

This Data Use Policy will be binding upon and inure to the benefit of Breadware and the users, and their respective successors and permitted assigns. If any provision of this Data Use Policy is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of this Data Use Policy. Any waiver of any breach or failure to enforce any provision of this Data Use Policy will not be deemed a future waiver of such term or a waiver of any other provision. This Data Use Policy shall be governed by the laws of the United States and the State of Colorado, irrespective of Colorado’s conflicts of laws rules. Any action arising out of or relating to this Data Use Policy shall be governed the laws of the State of Colorado, without regard to any conflict of law’s provisions. The United Nations Convention on the International Sale of Goods will not apply. The Licensee agrees to bring any action in connection with this Data Use Policy exclusively in the state or federal courts of Colorado, and the Licensee further agrees to the jurisdiction of the state and federal courts of Colorado for any action that Breadware brings to the Licensee.