Effective starting: July 16, 2018 (view archived versions)
1. What this policy covers
Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you. This policy is intended to help you understand:
This policy also explains your choices about how we use information about you. Your choices include how you can object to certain uses of information about you and how you can access and update certain information about you. If you do not agree with this policy, do not access or use our Services or interact with any other aspect of our business.
Where we provide the Services under contract with an organization (for example your employer) that organization controls the information processed by the Services. For more information, please see Notice to End Users below.
2. What information we collect about you
We collect information about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below.
2.1 Information you provide to us
We collect information about you when you input it into the Services or otherwise provide it directly to us.
Account and Profile Information: We collect information about you when you register for an account, create or modify your profile, set preferences, sign-up for or make purchases through the Services. For example, you provide your contact information and, in some cases, billing information when you register for the Services. You also have the option of adding a display name, profile photo, job title, and other details to your profile information to be displayed in our Services. We keep track of your preferences when you select settings within the Services.
Content you provide through our products: The Services include the BizMerlin products you use, where we collect and store content that you post, send, receive and share. This content includes any information about you that you may choose to include. Examples of content we collect and store include: the summary and description added to a job description, the assessments and the comments made, resumes you store performance appraisals you create, the feedbacks you give, comments you enter, and any feedback you provide to us. Content also includes the files and links you upload to the Services.
Content you provide through our websites: The Services also include our websites owned or operated by us. We collect other content that you submit to these websites, which include social media or social networking websites operated by us. For example, you provide content to us when you provide feedback or when you participate in any interactive features, surveys, contests, promotions, sweepstakes, activities or events.
Information you provide through our support channels: The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with a Service. Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.
Payment Information: We collect certain payment and billing information when you register for certain paid Services. For example, we ask you to designate a billing representative, including name and contact information, upon registration. You might also provide payment information, such as payment card details, which we collect via secure payment processing services.
2.2. Information we collect automatically when you use the Services
We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services.
Your use of the Services: We keep track of certain information about you when you visit and interact with any of our Services. This information includes the features you use; the links you click on; the type, size and filenames of attachments you upload to the Services; frequently used search terms; and how you interact with others on the Services. We also collect information about the teams and people you work with and how you work with them, like who you collaborate with and communicate with most frequently.
Device and Connection Information: We collect information about your computer, phone, tablet, or other devices you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience. How much of this information we collect depends on the type and settings of the device you use to access the Services. Server and data center Service administrators can disable collection of this information via the administrator settings or prevent this information from being shared with us by blocking transmission at the local network level.
Information we receive from other sources: We receive information about you from other Service users, from third-party services, from our related companies, and from our business and channel partners.
Other users of the Services: Other users of our Services may provide information about you when they submit content through the Services. For example, you may be mentioned in a Job position opened by someone else. We also receive your email address from other Service users when they provide it in order to invite you to the Services. Similarly, an administrator may provide your contact information when they designate you as the billing or technical contact on your company’s account.
BizMerlin Partners: We work with a global network of partners who provide consulting, implementation, training and other services around our products. Some of these partners also help us to market and promote our products, generate leads for us, and resell our products. We receive information from these partners, such as billing information, billing and technical contact information, company name, modules you have purchased or may be interested in, evaluation information you have provided, what events you have attended, and what country you are in.
Other Partners: We receive information about you and your activities on and off the Services from third-party partners, such as advertising and market research partners who provide us with information about your interest in and engagement with, our Services and online advertisements.
3. How we use information we collect
How we use the information we collect depends in part on which Services you use, how you use them, and any preferences you have communicated to us. Below are the specific purposes for which we use the information we collect about you.
To provide the Services and personalize your experience: We use information about you to provide the Services to you, including to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain the Services. For example, we use the name and picture you provide in your account to identify you to other Service users. Our Services also include tailored features that personalize your experience, enhance your productivity, and improve your ability to collaborate effectively with others by automatically analyzing the activities of your team to provide search results, activity feeds, notifications, connections and recommendations that are most relevant for you and your team. For example, we may use your stated job title and activity to return search results we think are relevant to your job function. We may use your email domain to infer your affiliation with a particular organization or industry to personalize the content and experience you receive on our websites. Where you use multiple Services, we combine information about you and your activities to provide an integrated experience, such as to allow you to find information from one Service while searching from another or to present relevant product information as you travel across our websites.
For research and development: We are always looking for ways to make our Services smarter, faster, secure, integrated, and useful to you. We use collective learnings about how people use our Services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of the Services. We automatically analyze and aggregate frequently used search terms to improve the accuracy and relevance of suggested topics that auto-populate when you use the search feature. In some cases, we apply these learnings across our Services to improve and develop similar features or to better integrate the services you use. We also test and analyze certain new features with some users before rolling the feature out to all users.
To communicate with you about the Services: We use your contact information to send transactional communications via email and within the Services, including confirming your purchases, reminding you of subscription expirations, responding to your comments, questions and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. We send you email notifications when a task in a workflow is assigned to you. We also provide tailored communications based on your activity and interactions with us. For example, certain actions you take in the Services may automatically trigger a feature or third-party app suggestion within the Services that would make that task easier. We also send you communications as you onboard to a particular Service to help you become more proficient in using that Service. These communications are part of the Services and in most cases you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings.
To market, promote and drive engagement with the Services: We use your contact information and information about how you use the Services to send promotional communications that may be of specific interest to you, including by email and by displaying BizMerlin ads on other companies’ websites and applications, as well as on platforms like Facebook and Google. These communications are aimed at driving engagement and maximizing what you get out of the Services, including information about new features, survey requests, newsletters, and events we think may be of interest to you. We also communicate with you about new product offers, promotions and contests. You can control whether you receive these communications as described below under “Opt-out of communications.”
Customer support: We use your information to resolve technical issues you encounter, to respond to your requests for assistance, to analyze crash information, and to repair and improve the Services.
For safety and security: We use information about you and your Service use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of Service policies.
To protect our legitimate business interests and legal rights: Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote the Services, with your permission.
Legal bases for processing under the General Data Protection Regulation (for EEA users):
If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where:
If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Services.
To exercise your privacy rights under GDPR or to make a privacy complaint, EEA individuals should contact us by email at email@example.com. You may also contact the appropriate Supervisory Authority at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
4. How we share information we collect
We make collaboration tools, and we want them to work well for you. This means sharing information through the Services and with certain third parties. We share information we collect about you in the ways discussed below, including in connection with possible business transfers, but we are not in the business of selling information about you to advertisers or other third parties.
4.1 Sharing with other Service users
When you use the Services, we share certain information about you with other Service users.
For collaboration: You can create content, which may contain information about you, and grant permission to others to see, share, edit, copy and download that content based on settings you or your administrator (if applicable) select. Some of the collaboration features of the Services display some or all of your profile information to other Service users when you share or interact with specific content. For example, when you comment on a goal or a feedback, we display your profile picture and name next to your comments so that other users with access to the page or issue understand who made the comment. When you send a task, a message or a workflow item to another user, the recipient can view any information in your profile card. Similarly, when you publish a feedback, your name is displayed, and Service users with permission to view the page can view your profile information as well. Please be aware that some aspects of the Services like a public goal, a public job board or a public template can be made publicly available, meaning any content posted, including information about you that you include in the publicly viewable portion, can be publicly viewed and indexed by and returned in search results of search engines. You can confirm whether certain Service properties are publicly visible from within the Services or by contacting the relevant administrator.
Managed accounts and administrators: If you register or access the Services using an email address with a domain that is owned by your employer or organization, and such organization wishes to establish an account or site, certain information about you including your name, profile picture, contact info, content and past use of your account may become accessible to that organization’s administrator and other Service users sharing the same domain. If you are an administrator for a particular site or group of users within the Services, we may share your contact information with current or past Service users, for the purpose of facilitating Service-related requests.
Community Forums: Our websites offer publicly accessible blogs, knowledge base. You should be aware that any information you provide on these websites – including profile information associated with the account you use to post the information – may be read, collected, and used by any member of the public who accesses these websites. Your posts and certain profile information may remain even after you terminate your account. We urge you to consider the sensitivity of any information you input into these Services. To request removal of your information from publicly accessible websites operated by us, please contact us as provided below. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to and why.
4.2. Sharing with third parties
We share information with third parties that help us operate, provide, improve, integrate, customize, support and market our Services.
Service Providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.
BizMerlin Partners: We work with third parties who provide consulting, sales, and technical services to deliver and implement customer solutions around the Services. We may share your information with these third parties in connection with their services, such as to assist with billing and collections, to provide localized support, and to provide customizations. We may also share information with these third parties where you have agreed to that sharing.
Social Media Widgets: The Services may include links that direct you to other websites or services whose privacy practices may differ from ours. Your use of and any information you submit to any of those third-party sites is governed by their privacy policies, not this one.
With your consent: We share information about you with third parties when you give us consent to do so. For example, we often display personal testimonials of satisfied customers on our public websites. With your consent, we may post your name alongside the testimonial.
Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights: In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect BizMerlin, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
5. How we store and secure information we collect
5.1. Information storage and security
We use data hosting service providers in the United States and Canada to host the information we collect, and we use technical measures to secure your data. For more information on where we store your information, please see our “Security and Reliability” page.
While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.
5.2. How long we keep information
How long we keep information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.
Account information: We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.
Information you share on the Services: If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow your team members or other users to make full use of the Services. For example, we continue to display feedback you provided to others or comments you entered during performance management and continue to display content you provided.
Managed accounts: If the Services are made available to you through an organization (e.g., your employer), we retain your information as long as required by the administrator of your account. For more information, see “Managed accounts and administrators” above.
Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your BizMerlin account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
6. How to access and control your information
You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations.
6.1. Your Choices
You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. Below, we describe the tools and processes for making these requests. You can exercise some of the choices by logging into the Services and using settings available within the Services or your account. Where the Services are administered for you by an administrator (see “Notice to End Users” below), you may need to contact your administrator to assist with your requests first. For all other requests, you may contact us as provided in the Contact Us section below to request assistance.
Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep. Where you have asked us to share data with third parties, for example, by installing third-party apps, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.
Access and update your information: Our Services and knowledge base give you the ability to access and update certain information about you from within the Service. You can update your profile information within your profile settings and modify content that contains information about you using the editing tools associated with that content.
Deactivate your account: If you no longer wish to use our Services, you or your administrator may be able to deactivate your Services account. If you can deactivate your own account, that setting is available to you in your account settings. Otherwise, please contact your administrator. If you are an administrator and are unable to deactivate an account through your administrator settings, please contact BizMerlin support. Please be aware that deactivating your account does not delete your information; your information remains visible to other Service users based on your past participation within the Services. For more information on how to delete your information, see below.
Delete your information: Our Services and knowledge base give you the ability to delete certain information about you from within the Service. For example, you can remove certain content that contains information about you and you can remove certain profile information within your profile settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
Request that we stop using your information: In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don’t have the appropriate rights to do so. For example, if you believe a Services account was created for you without your permission or you are no longer an active user, you can request that we delete your account as provided in this policy. Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. You can also opt-out of our use of your information for marketing purposes by contacting us, as provided below. When you make such requests, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved, provided your administrator does not object (where applicable). If you object to information about you being shared with a third-party app, please disable the app or contact your administrator to do so.
Opt out of communications: You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences within your Service account settings menu, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services. You can opt out of some notification messages in your account settings.
You may be able to opt out of receiving personalized advertisements from other companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info, http://optout.networkadvertising.org/ and http://www.youronlinechoices.eu.
Turn off Cookie Controls: Relevant browser-based cookie controls are described in our Cookies Policy.
Send “Do Not Track” Signals: Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Services do not currently respond to browser DNT signals. You can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving marketing from us as described above.
Data portability: Data portability is the ability to obtain some of your information in a format you can move from one service provider to another (for instance, when you transfer your mobile phone number to another carrier). Depending on the context, this applies to some of your information, but not to all of your information. You have option to export the information from the various reports and APIs available to you through your application.
7. How we transfer information we collect internationally
7.1. International transfers of information we collect
We collect information globally and primarily store that information in the United States and Canada. We transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Services. Whenever we transfer your information, we take steps to protect it.
International transfers: To facilitate our global operations, we transfer information to either Canada or the United States and allow access to that information from countries in which BizMerlin has operations for the purposes described in this policy. These countries may not have equivalent privacy and data protection laws to the laws of many of the countries where our customers and users are based. When we share information about you, we make use of standard contractual data protection clauses, which have been approved by the European Commission. We also rely on the EU-U.S. and Swiss-U.S. Privacy Shield Framework to authorize the transfer to the United States of information we collect from the European Economic Area and Switzerland. Please see our Privacy Shield notice below for more information or contact us as provided below.
7.2. Privacy Shield Notice For Data Transferred to the United States
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, BizMerlin is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also may correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to firstname.lastname@example.org. If requested to remove data, we will respond within a reasonable timeframe.
Your right to access your personal data may be restricted in exceptional circumstances, including, but not limited to, when the burden or expense of providing this access would be disproportionate to the risks to your privacy in the case in question, or when the rights of persons other than you would be violated by the provision of such access. If we determine that your access should be restricted in a particular instance, we will provide you with an explanation of our determination and respond to any inquiries you may have.
We will also provide an individual opt-out or opt-in choice before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To limit the use and disclosure of your personal information, please submit a written request to email@example.com.
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
BizMerlin’s accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, BizMerlin remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless BizMerlin proves that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, BizMerlin commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact us by email at firstname.lastname@example.org or via post at:
BizMerlin |11710 Plaza America Dr. | Suite 2000 | Reston VA 20190
BizMerlin has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction
8. Other important privacy information
8.1. Notice to End Users
Many of our products are intended for use by organizations. Where the Services are made available to you through an organization (e.g. your employer), that organization is the administrator of the Services and is responsible for the accounts and/or Service sites over which it has control. If this is the case, please direct your data privacy questions to your administrator, as your use of the Services is subject to that organization’s policies. We are not responsible for the privacy or security practices of an administrator’s organization, which may be different than this policy.
Administrators are able to:
In some cases, administrators can also:
Even if the Services are not currently administered to you by an organization, if you use an email address provided by an organization (such as your work email address) to access the Services, then the owner of the domain associated with your email address (e.g. your employer) may assert administrative control over your account and use of the Services at a later date. Please contact your organization or refer to your administrator’s organizational policies for more information.
8.2. Our policy towards children
The Services are not directed to individuals under 16. We do not knowingly collect personal information from children under 16. If we are notified that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact BizMerlin support.
Your information is controlled by BizMerlin LLC. If you have questions or concerns about how your information is handled, please direct your inquiry to BizMerlin LLC, which we have appointed to be responsible for facilitating such inquiries.
BizMerlin |11710 Plaza America Dr. | Suite 2000 | Reston VA 20190
BizMerlin Support Site: support.bizmerlin.com
Security and Reliability Page: https://www.bizmerlin.com/security-and-reliability
Last revision: January 12th, 2018
Welcome to the BizMerlin Terms of Service (ToS or Terms). Your use of the Service is subject to these Terms of Service. This is a legal contract between you and BizMerlin, for use of the BizMerlin on Demand service. “You” refers to any individual who agrees to the “I accept the BizMerlin Terms of Service” checkbox option on the Service homepage or while registering for the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “You” refers to such entity. If you do not agree with the terms of this ToS, do not select the “BizMerlin Terms of Service” checkbox and do not use the Service. The ToS will also be applicable to the use of the Service on a trial basis.
The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
BizMerlin reserves the right, in its sole discretion, to change, modify or otherwise alter these ToS, or any policy or guideline applicable to the Services, at any time.
Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revised Terms on this Site, and your continued use of the Services after such time will constitute your agreement to be bound by such modified Terms. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top.
If you do not agree to the modified Terms, you must stop using the Services. You can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). If you have any questions about the Terms, please email us at email@example.com.
The Service includes, and is limited to, a website and an android app allowing you access to and use of a single or multiple BizMerlin Accounts, with Support from BizMerlin. “BizMerlin” referred to herein means the BizMerlin Software, a server-based and android based software product. A “BizMerlin Account” or “Account” referred to herein means a website and a mobile app, provided by BizMerlin in exchange for Your payments, where You may use BizMerlin to create, update, share, and publish information, data, text, software, messages or other materials (“Content”). “Support” referred to herein means technical support from BizMerlin, available via electronic mail.
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain from BizMerlin, such as service announcements, administrative messages, etc., and that these are considered part of the Service and you will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by BizMerlin for use in accessing the Service. BizMerlin will provide the Service in accordance with this Agreement. BizMerlin may at its sole discretion modify the features of the Service from time to time without prior notice.
In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide BizMerlin with an electronic mail address and other information (“Registration Data”). You will choose an account designation for Your Account during the Service’s registration process. You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify BizMerlin of any unauthorized use of your Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. BizMerlin cannot and will not be liable for any loss or damage arising from your failure to comply with this section. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
BizMerlin assumes no duty to verify such information as further detailed in CONTENT OF THE SERVICE. If you provide any information that is untrue, inaccurate, not current or incomplete, or BizMerlin has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BizMerlin has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). If you register to use the Service on a free-trial basis, you will also have to go through the registration process. If you are under 18 years of age then you are required to have a parent or guardian review and complete the registration process on your behalf.
By signing up for BizMerlin, you provide your consent to receive periodic emails from BizMerlin team and for allowing us to display your logo and company name in the clients list on our website or other such marketing materials. The emails include, but are not limited to, server outage messages, account updates, periodic summary messages and billing notifications. Some of the email notifications may be controlled through the administration console provided within the BizMerlin application.
Your credit card will be charged on or around 5th of the subsequent Month for your use of the Service from registration until the charge date. If you sign up for your Account on a day other than the first day of a Month, or if you terminate the Service in the middle of a Month, the Monthly Fee for that Month of service will be pro-rated in accordance with the number of complete days during that Month when You could have used the Service, irrespective of whether you actually used the Service or not.
You may, through a mechanism BizMerlin provides as part of Your Account, define Users. You may define Users as “Inactive Users” (Users without permission to access Your Account) and “Active Users” (Users with permission to log in to Your Account using a password). All active users are counted for during the generation of invoices. BizMerlin cannot add or delete the users on your behalf. Neither can BizMerlin make the active users inactive upon request.
For the cost of a Subscription Fee for a Paid Account (the “Monthly Fee”), please refer to the pricing page, for each given calendar month as defined according to local time in New York, NY, USA (“Month”), for each Active User in Your Account. The number of Active Users for purposes of calculating the cost of Your Subscription Fee shall be the highest simultaneous number of Active Users in Your Account during the previous month.
You stand responsible for your account which means you delete or close your account if you do not intent to use it any further. Invoices are due once they have been generated. As long as Your Account remains active and in good standing, you will be charged the Monthly Fee even if you never use the service. You may, however, cancel Your Account at any time.
You agree that BizMerlin may charge to your credit card all amounts due and owing for Your Account on that monthly basis or upon cancellation (see “Termination, Breach, Suspension and Cancellation” and “Refund”).
BizMerlin will contact you via electronic mail to alert you upon each charge. BizMerlin may change prices at any time without prior notice, but will endeavour to provide reasonable advance notice via Your Account website and/or electronic mail. You agree that in the event BizMerlin is unable to collect the fees owed to BizMerlin for Your Account through Your Subscription Fee, BizMerlin may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by BizMerlin in connection with such collection activity, including collection fees, court costs and attorneys’ fees.
If Your Monthly Fee payment is overdue, or if Your Trial Period has expired BizMerlin has not yet received your credit card information portion of your Registration Data, BizMerlin may disable your access and Your Users’ access to your Account till you close the account. If your Subscription Fee payment is more than 30 calendar days overdue, or if Your Trial Period expired more than 30 calendar days prior and You have not paid Your Subscription Fee, BizMerlin may suspend or terminate your account till the termination notification is received from the account manager. BizMerlin reserves the right to take the legal action in the event of default payments; all legal expenses will be borne by the defaulters. BizMerlin may also, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, your account will be disabled and you may not be granted access to your Account or any files or other Content contained in your Account, and BizMerlin may delete Your Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, BizMerlin may also withdraw and at its discretion reallocate the public web address of Your Account.
If you terminate Your Account, via means provided for cancellation on the BizMerlin website via Your Account, or electronic mail to BizMerlin, and you request that BizMerlin delete Content and files contained in Your Account, BizMerlin will make all reasonable efforts to do so.
You are responsible for maintaining the security of your Content and BizMerlin Account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the BizMerlin Account, including those of Your Users.
You agree to immediately notify BizMerlin of any unauthorized uses of the Account or any other breaches of security. BizMerlin cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will BizMerlin be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
We take reliability and security seriously, and put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment. More information about these services and technologies is available on the Site.
However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use BizMerlin, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. If at any time, you assess the system security does not meet your organizational requirements, immediately discontinue the use of Service and close your account.
Finally, BizMerlin provides the BizMerlin API to facilitate the use of the Services with other services on the Internet. If a third party is authorized through your BizMerlin account to have access to your User Content through the BizMerlin API, we cannot control and are not responsible or liable for the third party’s use of your User Content.
This Section contains terms and conditions applicable to your use of the BizMerlin API, whether you are a Subscriber or other User, including a developer or operator of a website or application (such a website or application, a “BizMerlin API Implementation”, and the developer or operator, an “API Developer”) who wishes to use the BizMerlin API for the purpose of including Content in your BizMerlin API Implementation. If you are a Subscriber and you procure a third-party to develop a BizMerlin API Implementation for you, this Section applies to your and their use of the BizMerlin API, and you are responsible for their compliance with this Section to the same extent as though you were developing the BizMerlin API Implementation yourself.
If you are an API Developer and not otherwise a User, your use of the BizMerlin API constitutes your agreement to these Terms. We may change these Terms without notice to you by posting new Terms on the Site. It is your responsibility to review the Site for changes to the Terms. If you use the Services after new Terms are posted, your use of the Services constitutes your agreement to the new Terms. If you do not wish to be bound by the new Terms, cease your use of the Services.
If you are an API Developer and not otherwise a Subscriber or other User of the Services, the license set forth in this Section applies to your use of the BizMerlin API, and the license set forth in Section 6 does not apply to your use of the BizMerlin API. If you are also a Subscriber or other User, the license set forth in Section 6 applies to your use of Content other than the BizMerlin API, and this Section applies to your use of the BizMerlin API.
Your use of the BizMerlin API is also subject to the following restrictions. You may not:
You agree to carefully monitor your use of the BizMerlin API and ensure that it remains within reasonable operational limits for both your own server capacity and for ours. You acknowledge and agree that we may impose or adjust the limit on the number of transactions you may send or receive through the Service; such fixed upper limits may be set by us at any time, at our discretion. If we impose such limits, we may describe them on our Site. BizMerlin may charge additional fees for the excess. Unused API calls will not roll over to the next period.
You will not attempt to exceed or circumvent limitations on access, calls and use of the BizMerlin API, or otherwise use the BizMerlin API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of these Terms. BizMerlin may monitor your use of the BizMerlin API and, if your application(s) does or will connect the BizMerlin API to five hundred or more systems, BizMerlin reserves the right to limit or suspend access to the BizMerlin API by you or your API client(s) and to contact you to discuss the volume and terms of your API calls.
We reserve the right to rate limit other functionality to prevent abuse, spam, denial-of-service attacks, or other security issues.
BizMerlin has no responsibility to any person for any use or misuse of any Content obtained through the BizMerlin API. If you are a Subscriber, you should consider carefully whether you wish to give an API Developer access to your Content through the BizMerlin API. If you wish to revoke access to your Content through the BizMerlin API, you should change your BizMerlin access credentials or revoke authorization of the BizMerlin API Implementation to your Content. Please contact us at support@BizMerlin.com if you want assistance doing this.
The Services may include discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Services (“Interactive Areas”). If BizMerlin provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
Finally, BizMerlin has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.
BizMerlin and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of
BizMerlin or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.
BizMerlin’ Application may contain technologies that monitor, record and report to BizMerlin regarding the use of the Application including but not limited to information concerning the devices used to access the Application; and the frequency, type and manner of use of BizMerlin application (collectively, “Usage Data”). You agree that BizMerlin may, in its sole discretion, collect and use Usage Data to support, maintain, and improve BizMerlin, and to enforce BizMerlin rights under the Terms. To the extent any Usage Data is personal information within the meaning of applicable law, you hereby: (a) consent to BizMerlin’s collection, use and disclosure of such Usage Data for these purposes; and (b) represent and warrant that you have obtained the consent of any individual to whom such Usage Data relates to BizMerlin’s collection, use and disclosure of such Usage Data for these purposes, or that the consent of any such individuals is not required to be obtained under applicable law.
You acknowledge that the service or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
You acknowledge that any use of the Service contrary to this agreement, or any transfer, sub licensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to BizMerlin, its affiliates, suppliers and any other party authorized by BizMerlin to resell, distribute, or promote the Service (“Resellers”), and under such circumstances BizMerlin , its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
You understand that all contents are the sole responsibility of the person from which such Content originated. This means that you, and not BizMerlin, are entirely responsible for all Content that You upload, post, transmit or otherwise make available via your Account or the Service. BizMerlin does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BizMerlin be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that BizMerlin does not pre-screen Content, but that BizMerlin and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, BizMerlin and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not reasonably rely on any Content created by BizMerlin submitted to BizMerlin. You acknowledge and agree that BizMerlin may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BizMerlin, its users and the public.
You understand that the technical processing and transmission of the Service, including Your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in BizMerlin sole discretion as to what action should be taken. You agree that you will not:
BizMerlin retains the right to terminate such account at any time without further warning.
You agree that BizMerlin has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other maintained by the Service. You acknowledge that BizMerlin may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. BizMerlin retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time.
You agree that you will not:
BizMerlin takes no responsibility for third-party content, nor does BizMerlin have any obligation to monitor such third-party content. BizMerlin reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. BizMerlin also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of BizMerlin, its users and the public. BizMerlin will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by BizMerlin.
You represent and warrant that (a) all of the information provided by you to BizMerlin to participate in the Service is correct and current; and (b) You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
You understand and agree that the Service is provided “as is” and BizMerlin, its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, beyond the Refund, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on BizMerlin servers. BizMerlin, its affiliates, suppliers and Resellers make no warranty or representation, other than the Refund, regarding the results that may be obtained from the use of the service, the security of the service, or that the service will meet any user’s requirements beyond the Refund. Use of the service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you. No oral or written information or advice given by BizMerlin or its authorized representatives shall create a warranty or in any way increase the scope of BizMerlin obligations. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, BizMerlin, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
You agree to indemnify, defend and hold harmless BizMerlin, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of this Agreement or the infringement or violation by You or any other User of Your Account, of any intellectual property or other right of any person or entity.
BizMerlin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that BizMerlin shall not be liable to you or to any third party for any modification, suspension, termination or discontinuance of the Service.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and BizMerlin Software is intended or created by this Agreement.
In no event will BizMerlin or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if BizMerlin, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, BizMerlin, its affiliates’, suppliers’ and Resellers’ maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous twelve (12) months.
Failure by either party to exercise any of its rights under or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, in that case that particular provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of BizMerlin services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia, as applied to agreements entered into and to be performed in Virginia by Virginia residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving the County of Fairfax, in the Commonwealth of Virginia, USA.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice to Subscribers and Customers in the dashboard area of your account on the Site, or post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these ToS and shall not affect the validity and enforceability of any remaining provisions. These ToS embody the entire understanding and Terms between the parties respecting the subject matter of these ToS and supersedes any and all prior understandings and terms between the parties respecting such subject matter. BizMerlin may change the terms of these ToS at any time by posting modified terms on its website. These ToS have been prepared in the English Language and such version shall be controlling in all respects and any non-English version of these ToS is solely for accommodation purposes. Any and all rights and remedies of BizMerlin upon Your breach or other default under these ToS will be deemed cumulative and not exclusive of any other right or remedy conferred by these ToS or by law or equity on BizMerlin, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in these ToS are for reference only and will not be considered in construing these ToS. Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the ToS or other matters by displaying notices or links to notices to you generally on the Service.
All notices or other correspondence to BizMerlin under these ToS must be sent to the following electronic mail address for such purpose: firstname.lastname@example.org. Or the following physical address:
11710 Plaza America Dr
Reston VA 20190
Last revision: January 12th, 2018
Your use of the BizMerlin API is also subject to the following restrictions. You may not:
BizMerlin retains the right to terminate such account at any time without further warning.
You agree that you will not:
11710 Plaza America Dr
Reston VA 20190