SaaS General Terms and Conditions
Brandboard GmbH, Version: November 2023
The provisions of these General Terms and Conditions (“GTC”) shall apply to all contracts in connection with the provision of software for use via the Internet (Software-a a-Service “SaaS”) between Brandboard GmbH (“Brandboard”) and the contractual partner of Brandboard (“Customer”).
The GTCs shall apply to the exclusion of all other terms and conditions. The respective valid version of the GTC is an integral part of all existing and/or future contractual arrangement between the Customer and Brandboard in connection with the provision of SaaS. The Customer consents to these GTC by using the services. The GTC shall also apply to all existing and/or future contracts, even if they are not expressly referred to. General terms and conditions of the customer or other conditions deviating from these Terms shall be deemed to be excluded, unless their applicability has been confirmed in writing by Brandboard.
2.1 Right of use
Brandboard provides the Customer with the brandboard Software (“Software“) according to the selected subscription or according to individual contract agreements with the Customer, with the scope of functionality and performance published on www.brandboard.app via the internet (“Service“).The Customer is not entitled to further rights associated with the Software, such as ownership, copyright, patent, trademark, or usage rights.
The software is operated on computers in a data center used by Brandboard. For the term of this contract, the customer receives the non-exclusive and non-transferable right to access the software using a browser and an Internet connection and for his own business purposes exclusively in the exercise of his commercial or independent business to use professional activity.
The right of use is limited to the number of Brand-Licenses (“License”) booked by the Customer. Surrender of use or provision of the service to third parties is prohibited. The Customer has no right to a copy and thus also no right to a backup copy of the Software. All rights in the Software or the Service over and above the right of use defined in these GTC remain fully with Brandboard.
Brandboard will call upon third parties for the purpose of providing the best Service possible. This shall, in particular, apply to hosting and payment services. Brandboard shall not accept any liability for the services of third parties involved to the extent legally permissible.
Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services; modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Brandboard or authorized within the Services); or remove any proprietary notices or labels.
2.3 Support & Maintenance
Brandboard shall provide online support for its services. General know-how transfer, trainings, configuration implementation or customer-specific documentation or modification of the Software shall not be included in this support.
Support shall be carried out by email to firstname.lastname@example.org. Brandboard shall provide the support services during working hours from Monday to Friday between 9:00 and 16:30 CET. Legal holidays (national and cantonal) are excluded. Inquiries received outside of these support times shall be regarded as received on the following working day.
Brandboard takes care about the general maintenance of the Service in the sense of a constant actualization and ability of the systems used by Brandboard (hardware and software components) according to the current state of the art. Brandboard exclusively defines the modality and the timing of the updates.
Brandboard shall do everything in its power to provide a Service as interruption-free as possible. Brandboard cannot guarantee the trouble-free or uninterrupted use of the Software. Nor can Brandboard guarantee absolute security, in spite of all the state-of-the-art safety precautions and modern standards and open technologies software applications.
Brandboard is not responsible for the customer's communications infrastructure. In general, Brandboard cannot assume any responsibility for the availability and performance of data transmission networks or responsibility for the error-free, uninterrupted and timely transmission of data.
The Customer shall notify Brandboard of any disruptions to the Service without delay and provide information regarding the details of the circumstances of the issue. Brandboard shall remedy the disruption to the Service within an appropriate period of time.
3.1 Free License
3.1.1 Trial Period
The Free License ("License") allows the Customer to access and evaluate the features of the Brandboard Free License Services ("Services") without the requirement of payment and without the necessity of providing the Customer's credit card information.
3.1.2 Features and Changes
Brandboard retains the right to determine the features included in the Free License version at any given time. The Customer, under the Free License, is not entitled to any specific features or tools. Brandboard reserves the right to modify, withdraw, or delete features at its discretion, and is entitled to terminate the Free License offer at any time.
3.1.3 Termination Notice
In the event of termination, Brandboard will provide notice to free license holders at least 3 months prior to termination. Brandboard will retain the data processed by the customer for a period of 90 days after termination. At the conclusion of this 90-day period, the customer's data will be irretrievably deleted.
3.1.4 Data Retention and Upgrade
To preserve data beyond the termination period, the customer has the option to upgrade to a full license at any time. Upgrading to a full license will automatically terminate the free license. The customer will be billed for the first month or year immediately upon the upgrade.
The customer acknowledges and agrees that upon upgrading to a full license, charges will apply as per the pricing terms specified by Brandboard.
3.2 Full License
The Full License allows the Customer to use the Brandboard Services in full for the period of time he chooses. For the use of the Software during the contractual term, the Customer shall owe Brandboard the license fees according to the respective Payment Plan. All prices exclude the respectively applicable statutory sales tax (Switzerland: value added tax). The Customer is responsible for any sales taxes due.
For the Full License Brandboard provides two Payment Plans, either monthly or yearly. The license fees are, regardless if monthly or yearly, being billed in advance and to be paid by credit card transmission. One license fee, regardless if being paid monthly or yearly, includes the development of one Brand only. In order to develop another Brand the Customer has to apply for another license.
The contract with the Customer is extended automatically upon expiration of the initial agreed period for the same term, unless this contract is being terminated by one of the parties before automatic extension. If the Customer does not terminate the agreement, the Service will be billed for the extension period in advance at the end of the monthly or yearly invoice cycle and is non-refundable. There will be no refunds or credits for partial months or years of service, upgrade/downgrade refunds, or refunds for months unused with an open lincence.
The termination can be done directly in the account before the renewal as well as in writing (email: email@example.com) 14 days before the renewal.
After termination of the agreement, Brandboard will retain the data processed by the Customer for 90 days. After these 90 days, the Customer's data will be irretrievably deleted.
3.3 Measures in the event of payment default
If the Customer defaults on the payment of fees, after relevant warning by email, Brandboard is entitled to block access to the Service or extraordinarily terminate the contractual relationship. The Customer shall have no access to the data saved by it in the Service during the block. In the event of a termination, Section 8.2 shall apply.
4. Data Protection, Customer Data and References
4.1 Data protection
The use and processing of personal data within the meaning of the applicable domestic and/or foreign data protection legislation, in particular and as far as applicable the EU General Data Protection Regulation ("EU-GDPR") and the Swiss Data Protection Act (Schweizerisches Datenschutzgesetz ("DSG")) may require the prior consent of the affected persons and/or the registration of the relevant database with a domestic or foreign authority. The Customer is aware about this date protection provisions.
The Customer is aware that the use and processing of personal data within the meaning of the applicable domestic and/or foreign data protection legislation, in particular and as far as applicable the EU General Data Protection Regulation ("EU-GDPR") and the Swiss Data Protection Act (Schweizerisches Datenschutzgesetz ("DSG")) may require the prior consent of the affected persons and/or the registration of the relevant database with a domestic or foreign authority. Brandboard is, as far as applicable, fully committed to be compliant with the GDPR and the DSG obligations.
4.2 Customer data (Intellectual Property Rights)
The Customer is exclusively entitled to the data input, generated thereby and allocatable to the Customer and the end users of Customer in the context of the use of the Software ("Customer Data").
Customer shall own all right, title and interest in and to the Customer Data, as well as any data that is based on or derived from the Customer Data and provided to Customer as part of the Services.
Brandboard shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with implementation Services or support, and (c) all intellectual property rights related to any of the foregoing. The provisions of this Section shall survive any termination of this Agreement.
In the context of its marketing activities and in the preparation of its offers, Brandboard is entitled to publish or refer to the business relationship with the name and corporate logo of the Customer, subject to the justified confidentiality interests and consent of the Customer.
In case of unlawful use of the Software (by or with the consent of the Customer/ by third parties) or in case of disputes (e.g. arising from data protection laws, copyright law or other associated with the use of the software), the Customer shall release Brandboard and involved third parties of all third-party claims that may arise from such cases.
Customer hereby agrees to indemnify, defend and hold harmless Brandboard from and against any loss, cost, liabilities, settlements or damages of any kind (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises out of its breach of this Agreement, and/or from an alleged violation of the foregoing or otherwise from Customer’s use of Services.
In the assertion of relevant claims, the Customer is obligated to notify Brandboard thereof in writing without delay. In this case, Brandboard is entitled to block the Service for the Customer without delay and without providing a grace period. Any compensation claim asserted by the Customer based on the blocking of the Service is excluded.
Brandboard excludes all liability for damages of any kind resulting from the use of the Software and other services by Brandboard, in particular for Damages used by faults or disturbances of telecommunications equipment and networks, transmission or software errors, as a result of Customer violation of the contractual obligations, caused by Brandboard’s involved third parties or support persons, due to viruses, as a result of malicious code or hacker attack, subsequent to an error in the operating system, disruptions to operations as a result of fault remedy, maintenance, infrastructure modifications, introduction of new technologies, subsequent to a faulty service pack from another manufacturer or as a result of data losses. Brandboard excludes also all liability for indirect or subsequent damages such as profits foregone, savings not realized or third-party claims.
Brandboard assures the customer that the services are provided with professional care and state-of-the-art technology. Brandboard warrants that it will carefully select, instruct and monitor the employees or assistants or subcontractors employed or brought in to provide the Services. In the context of granting rights to use of software, Brandboard neither guarantees the usability of the Software for a specific purpose nor the success of the use, but only the available range of functions within the information available on www.brandboard.app. The customer also acknowledges that Brandboard is unable to completely exclude software errors under any application or operating conditions.
Errors or defects in the performance of Brandboard are exclusively being resolved as part of the support services.
8. Duration and Termination
The Brandbord License contract is concluded for a particular period of time (monthly or yearly) depending on the Customer’s order. The contract with the customer is extended automatically upon expiration of the initial agreed period for the same period of time, unless this contract is being terminated by one of the parties before automatic extension. The termination can be done directly in the account before the renewal as well as in writing (email) 14 days before the renewal.
The contractual relationship may be terminated by any of the contractual parties at the end of the initially agreed period of time. Brandboard may extraordinarily terminate the contractual relationship for good cause at any time and with immediate effect. Good cause entitling Brandboard to terminate the contractual relationship extraordinarily shall include, in particular if the Customer violates its important contractual obligations, if the Customer defaults on the payment of fees after setting a reasonable deadline for fulfillment and issuing a threat of withdrawal, if insolvency proceedings are instituted against the Customer.
At the end of the contractual relationship and upon written request by the Customer, Brandboard can provide a copy of the Customer’s data saved on its servers as of the date of the end of the contractual relationship by electronic transfer and in a customary format. Brandboard is not obligated to provide its data to the Customer in deviation form to these provisions. Any deviating release of the Customer’s data shall require the prior written consent of Brandboard. Such separate release of data shall be remunerated separately by the customer.
Brandboard shall delete all date of the Customer saves on its servers finally and full upon request by the Customer or no later than 90 days after termination of the contract. This action shall be subject to mandatory legal retention obligations.
Both contracting parties as well as their vicarious agents commit themselves mutually to preserving the confidentiality of all commercially sensitive documents and information which refer to the business sphere of the other party and which become accessible in the preparation and execution of the contractual service, including the contents of this GTC and the relevant contracts. This obligation remains as long as a legitimate interest exists, even after termination of the contractual relationship.
10. Final Provisions
10.1 Amendments to these GTC
Brandboard reserves the right to adjust the prices and conditions, the services and the terms and conditions at any time. Any adjustments will be communicated to the customer in a suitable manner. If Brandboard makes a price increase beyond the adjustment to general cost increases or significantly changes the services or the terms and conditions to the detriment of the customer, the customer may terminate the agreement at the time the change takes effect. If the customer fails to do so within a 10 day period in writing, he accepts the adjustments.
10.2 Offsetting and assignment of claims
The offsetting of any claims of Brandboard against counterclaims of the Customer shall require the prior written consent of Brandboard.
The Customer is not entitled to assign any claims from the contractual relationship with Brandboard to third parties, in whole or in part, including not to any Group or subsidiary companies.
10.3 Place of performance
The place of performance shall be the registered offices of Brandboard.
10.4 Severability clause
Should individual provisions of these GTC be invalid or incomplete or should performance be impossible, this shall not negatively affect the validity of the remaining provisions of these GTC. Invalid provisions shall be replaced by an admissible, valid provision that is as close as possible to the content of the original in terms of its intent.
10.5 Written form clause
Any deviations and/or supplements to these GTC require the express written approval of Brandboard for their validity. Such deviating agreements shall only apply to the agreement that contains the deviating agreement and shall not have any prejudicial effect for other agreements between the contractual parties.
10.6 Date of contract conclusion
The contract is deemed concluded by the receival of a confirmation e-mail after subscribing.
10.7 Applicable Law
All Contracts between Brandboard and Customers are subject to Swiss law, excluding any national or international treaties or agreements (e.g. the United Nations Convention on Contracts for the International Sale of Goods (CISG), or the Haguer Convention on Purchase).
10.8 Settlement of Disputes
Both contracting parties shall attempt to seek a mutually agreed settlement in good faith in the event of disagreements in connection with this contract.
10.9 Place of Jurisdiction
If no amicable agreement can be reached, the ordinary judge at the the place of jurisdiction for all disputes, differences of opinion or claims arising from or in connection with the contractual relationship between Brandboard and the Customer, including the User Plan and its Appendices, including their validity, invalidity, violation or dissolution, shall be Lucerne, Switzerland. Irrespective thereof, Brandboard is entitled to sue the Customer at its general place of jurisdiction.
By using and accessing this website, www.brandboard.app (collectively referred to as the "Site", "Brandboard" or "Brandboard Websites" in these Terms of Service), you ("you", "user" or, "end user") agree to these Terms of Service (collectively, the "Terms of Service" or "Agreement").
If you do not agree to these Terms of Service, you may not access any Brandboard Websites.
You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivate work from, sell or re-sell any content or information obtained from or through the Site.
Termination of Use
Brandboard shall have the right to immediately terminate or suspend, in its discretion, your access to all or part of the Site with or without notice for any reason.
The information and materials on Brandboard Websites are provided "as is". Brandboard makes no representations or warranties of any kind, express or implied, as to the information and functions contained on Brandboard Websites, including without limitation warranties of copyright and other rights, merchantability or fitness for a particular purpose. Without limiting the foregoing, Brandboard does not warrant the accuracy, timeliness, completeness, reliability or availability of Brandboard Websites or the information or results obtained from the use of this Site or that Brandboard Websites are free from viruses or other inaccuracies.
Brandboard reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Service from time to time. Your continued use of the Site after such modifications to this Agreement will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
Brandboard Websites may contain third-party content or links to third-party websites. These contents and links are provided for user convenience and information purposes only. Brandboard does not control, endorse or make any representations about any third party content or websites and does not endorse or accept any responsibility for such content or websites. This includes, but is not limited to, the accuracy, content, quality or timeliness of these websites. Brandboard is not liable for the content or websites of third parties or for websites that link to Brandboard Websites or display it in frames.
Limitation of Liability
To the extent permitted by law, neither Brandboard nor any of its affiliates, directors, employees or agents shall be liable in any manner whatsoever for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract, tort or otherwise, arising out of or in connection with the use of this Site. This includes liability for negligence, even if Brandboard has been advised of the possibility of such consequences.
Intellectual Property Rights
All rights, title and interest (including copyrights, trademarks, patents and other intellectual property rights and other rights) in, for and arising from all information and content (including all text, data, graphics and logos) on Brandboard Websites shall remain with Brandboard or the respective copyright holder.
If any provision of these Terms of Service is held by any court or competent authority to be invalid, illegal or unenforceable under any applicable law, that provision shall be deemed not to be part of this disclaimer. However, the validity, legality and enforceability of the remaining provisions of these Terms of Service under the laws of that country or of any other country shall not be limited thereby.
Governing Law & Jurisdiction
Any disputes arising out of or related to these Terms of Service and/or any use by you of the Site shall be governed by the laws of Switzerland, under exclusion of any national or international treaties or conventions (e.g. the United Nations Convention on Contracts for the International Sale of Goods or the Hague Sales Convention).
Jurisdiction for any disputes arising out of or related to these Terms of Service and/or any use by you of the Site shall be Lucerne, Switzerland. Notwithstanding, Brandboard is entitled to sue you at your general jurisdiction.
The EU General Data Protection Regulation (“GDPR”) is a new comprehensive data protection law that takes effect on May 25, 2018 and sets a new standard for how companies use and protect personal data and the rights of the individual.
At Brandboard, data privacy is an important foundation for all the work we do and it will continue to be an essential part of our company’s philosophy to do everything in our power to comply with GDPR, to ensure that we fulfill the GDRP obligations. With our solutions we maintain transparency about customer messaging and how we use data.
What is personal data?
Personal data consists of any information that allows to identify a person directly or indirectly. This could be such things as a name, an email address, bank details, an IP address or a social media post.
- Art. 4 GDPR: ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; Source: https://gdpr-info.eu/art-4-gdpr/
We are here for you
If you have any inquiries or requests, please don’t hesitate to contact us at firstname.lastname@example.org
We aim to provide You with the highest standards of legal protection to Personal Data. Thus, We generally apply a policy of non-disclosure of any Personal Data with the exception of Personal Data which are needed to provide our services to You. Therefore, our employees, affiliates and sub-contractors may have access to and process your Personal Data to the extent this is needed to serve you. All of them are bound by strict confidentiality obligations. Other than the case described above, We may need to disclose Personal Data in response to a subpoena, court order or other governmental request, or where We believe in good faith that disclosure is reasonably necessary to protect the property or rights of Brandboard, third parties or the public at large.
Brandboard GmbH (“Brandboard” or “We”) is a Swiss company, which provides a web-based brand management Software-as-a-Service (the “Platform”) to professionals and companies and operates brandboard.app (the “Site”). Headquartered in Lucerne, Switzerland.
The Platform is a customizable solution for every specific brand requirement and is designed to maximize brand consistency through centralization. Brandboard offers a wide range of features, including but not limited to: the Brand Guidelines, the Digital Asset Management and the Digital & Print Templates. Additionally, the Platform is an intuitive solution enabling every user to: upload and centralize digital assets independently; define brand essentials with dynamic guidelines; build a design system for digital efficiency and create customized templates for always on-brand marketing material.
What is Personal Data and Who are the Data Subjects?
According to Art. 4 (1) GDPR, "Personal Data" means any information relating to an identified or identifiable natural person (the "Data Subject"). For the sake of clarity, an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Brandboard is a Processor, but exceptionally acts as a Controller
The GDPR differentiates between Controllers and Processors. Controllers are those who determine the purposes and means of the processing of Personal Data; whereas Processors are those that process Personal Data on behalf of the Controller.
In the relationship with our customers, We act as Processor. Natural persons and legal entities can purchase different payment plans (Brandboard Plan). In order to provide our services, We need to collect and use certain Personal Data. We process the Personal Data only on behalf and on instructions of our customers and in accordance with the relevant applicable laws. Our customers who purchase a Brandboard Plan are primarily responsible for processing the Personal Data of all users accessing the Platform (e.g. employees of the customer and/or other natural persons invited by the customer to use the Platform). In our role as Processor, We redirect any requests We may receive from users of the Platform to the relevant Controller in terms of Art. 28 (3) e GDPR.
Nevertheless, in exceptional circumstances We act as Controller. This occurs in connection to: i) natural persons who materially purchase a Brandboard Plan and do not sign in the name of a legal entity; ii) visitors of our Site; iii) interested natural persons who consent to provide their Personal Data; and iv) our employees. In this case, every request We may receive from Data Subjects belonging to one of the mentioned categories will be answered directly by our legal team.
Brandboard Collects Personal Data
In the context of providing our services to the users, via the Platform and throughout the Site, we collect the following categories of personal data:
- General individual information. In order to register for the brand management Software-as-a-Service on our Site and/or to sign-up and login to our Platform, current and prospective users of Brandboard, are required to provide certain Personal Data. In particular, the following information must be provided:
- Name and Surname
- Email address
- Company Name
- User data. Every user of the Platform, regardless if a monthly or a yearly payment plan is purchased, has to sign up and login to start collaborating. The provision of the following Personal Data is therefore mandatory:
- Name and Surname
- Email address
- IP address
- Personal Data contained in the assets uploaded on the Platform. The assets that You, as a user, upload to the Platform might contain Personal Data. In this case, the only processing activity We will perform on such Personal Data is hosting. You bear the responsibility to upload such assets exclusively in accordance with the instrumental professional use of the Platform and not for any other purposes. For instance, no assets containing Personal Data of minors and/or other special categories of Personal Data under any applicable data protection law (e.g. such as listed in Art. 9 (1) GDPR) shall be uploaded. You can be held accountable for any misuse or illegal use of our Platform.
- Billing: A person who is interested in purchasing a Brandboard Brand Lincense must provide credit card information and/or a billing address. We neither collect nor store any credit card information ourselves. The process is completely outsourced to our payment service providers that collect and store this information on our behalf, namely, Payrexx for money transfers.
- Browser data: We may collect standard website visitor information supplied by your browser (e.g. your operating system, the browser you are using, language settings) to ensure that the use of our Site is without disruption and as user-friendly as possible. This information is dependent on the type of device, browser and the settings You are using.
- Support: If You send us a request via a support email, We reserve the right to use this information to respond to your request, as well as, to offer support to other users. We take all reasonable measures to protect your Personal Data against the unauthorized access, use, alteration or destruction.
- Other usage statistics: Besides browser data, We may collect statistics, usage information and may record user sessions on how registered users interact with our Platform, in order to maintain and improve it. This usage data is collected anonymously, and it does not include user data as described above.
- Marketing: From time to time, We may send You marketing material. We may do that either if We believe there is a legitimate interest for You to receive it or, in the absence of such legitimate interest, only after receiving your explicit consent. This material may include marketing campaigns, product updates, news about future events and webinars and newsletters. We guarantee that none of your Personal Data will be shared with or sold to third parties and used for their marketing purposes. If you are a registered user of our Site or Platform and have supplied your email address, We may occasionally send You an email to inform You about the release of new features, request your feedback, or just keep you up to date about Brandboard and our services.
- Personal Data of children (under the age of sixteen): Our Platform is not intended for people under the age of sixteen. Therefore, We do not voluntarily collect information from anyone under that age. Additionally, if We learn that We may have received information from someone under the age of sixteen, We will take immediate action and adopt all reasonable measures to remove that information.
- Exclusion of special categories of Personal Data: In the context of the provision of our services, including those offered through the Site and Platform, We do not need to collect or process in any other way special categories of personal data. Therefore, We never ask our existing and/or prospective customers to provide Personal Data revealing their racial or ethnic origin, their political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. In the event that We accidentally receive any such information from a user and/or customer, We act promptly to inform the latter and remove that information.
Brandboard Processes Personal Data
When processing Personal Data as Controller, We comply with the requirements set by Art. 6 GDPR on the “Lawfulness of Processing”. Specifically, the latter provides that the processing is lawful only if and to the extent that at least one of the following applies:
- You have given your consent to the processing of your Personal Data for one or more specific purposes.
- The processing is necessary for the performance of a contract between You and us or in order to take steps at your request prior to entering into a contract.
- The processing is necessary to comply with a legal obligation to which We are subject.
- The processing is necessary for the performance of a task carried out in the public interest.
- The processing is necessary for the purposes of the legitimate interests We might have, except where such interests are overridden by your interests or your fundamental rights and freedoms which require protection of Personal Data.
When We process Personal Data as Processor, We act in full compliance with the provisions of Art. 28 ff. GDPR.
Brandboard Limits the Processing
We care about your Personal Data, thus We limit the use of the collected information to the extent necessary to provide our services and/or to continuously improve our features. Specifically, we restrict the processing to the following purposes:
- fulfilling the contract with our customers
- complying with applicable laws and regulations
- protecting our rights
- fulfilling our marketing purposes
- improving our Platform and our Site
Occasionally, We may release aggregated statistics publicly (e.g. reports on trends concerning the usage of our Site). Nevertheless, any usage information We rely on in order to monitor the usage of our Site and improve our Platform is encrypted, anonymized and aggregated. Additionally, We do not sell any Personal Data to third parties.
Brandboard Acknowledges and Fulfills Your Rights to Personal Data
We consider of primary importance that You, as a user of our Site and/or Platform, are aware of your rights under the applicable data protection laws. In accordance with Art. 12 ff. GDPR, We acknowledge and safeguard the following rights:
- the right to refuse to provide Personal Data
- the right to access and request copies of your Personal Data
- the right to rectify your Personal Data manually in your account using the account setting in our Platform
- the right to erasure (“right to be forgotten”) and have your Personal Data deleted
- the right to limit the processing of your Personal Data
- the right to data portability and so to request the transfer of your Personal Data.
- the right to object the processing of your Personal Data
- the right not to be subject to an automated individual decision-making, including profiling.
Any of the above-mentioned rights can be exercised using the contact details provided in the “Contact” section below; with the caveat that limiting or objecting to some processing activities may prevent You from engaging in certain Site activities or limit your online experience when working with the Platform. In our capacity as Processor, We will forward all the relevant requests to the respective Controller pursuant to Art. 28 (3) (e) GDPR.
Brandboard Stores Personal Data
All our customers’ Personal Data are hosted and stored by our trusted sub-processor Linode. All data will be stored solely in the EU or Switzerland.
Brandboard Might Change
What they are
A pixel tag is a small string of code on a web page or in an email message. Like many other services, we use pixel tags to find out if you have accessed certain web or email content. This helps us evaluate and optimize our services and personalize your Brandboard experience.
Local storage is an industry-standard technology that allows a website or app to store information locally on your computer or mobile device.
Why we use them
How they work
When you visit Brandboard, our web server sends a cookie to your device, which allows us to recognize your device (but not the person currently using it). By associating the identification numbers in the cookies with other account information, such as when you sign in to the Services, we know that the cookie's information relates to your user account. Similarly pixel tags on Brandboard and in email communications help identify your device usage when interacting with Brandboard. Some of the tags and cookies used by our services, are served by us while some others come from trusted partners who deliver their services on our behalf (for example, for web analytics).
Some examples of the types of cookies and other technologies used by Brandboard:
- Localization: some cookies help us provide localized experiences - for example, by making sure you see Brandboard in your preferred language.
- Performance: performance cookies help us manage traffic between servers and understand Brandboard’s performance so we can provide you with the best possible experiences.
- Analytics and Research: Cookies and other technologies also help us understand, improve and research the features and content of the Brandboard website.
Most browsers automatically accept cookies. However, if you prefer, you can set your browser to prevent this or to notify you each time. However, blocking or deleting cookies may prevent you from taking full advantage of our services.
If you have any questions or suggestions, please contact us.