BlueFolder Software, Inc.

Privacy Policy

Last Updated: May 24, 2018

BlueFolder Software, Inc. ("BlueFolder") owns and operates the websites located at https://bluefolder.com and https://bluefolder.mobi (the "Service") and we are committed to protecting your privacy. This Privacy Policy describes how we collect, store, use and distribute information about our users through the Service (as defined in our Terms of Use). Our Service is provided to business customers who have registered for an account with us ("Account Owners") and any information collected via the Service from or about Account Owners’ employees and contractors will be made available to their Account Owner and will be used by the Account Owner according to the Account Owner’s privacy policy.

Users Outside of the United States and Canada. If you are a user of the Service outside of the U.S. or Canada, by using the Service and providing us with data, you acknowledge and agree that your Personal Information may be processed for the purposes identified in this Privacy Policy. In addition, your Personal Information may be processed in the country in which it was collected and in other countries, including the United States and Canada, where laws regarding processing of Personal Information may be less stringent than the laws in your country. By providing your data, you consent to such transfer.

About Children. We do not intentionally gather Personal Information from users who are under the age of 13. If a child under 13 submits Personal Information to the Service and we learn that the Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 13, please contact us at privacy@bluefolder.com.

Lawful processing. We process your Personal Information, defined below, only to the extent necessary for the performance of our obligations to you, which is in providing the Service to you under our Terms of Use at www.bluefolder.com/terms.aspx. Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent. We will not actively collect Personal Information for marketing in a way that specifically identifies the individual. We don’t sell customer lists. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using the Service.

Data Controller and Data Processor. We act both as a data controller (where we have direct control of your personal data) and as a data processor (where we may process your personal data on behalf of one of our Customers ("Customer" is typically a service business). We act as a data controller for any of your personal information that is stored in your own account. However, if you are using the Service either (i) as an employee, contractor or similar of a Customer; or (ii) an individual interacting with a Customer, then your interactions with that Customer (including any associated personal information) are controlled by that Customer and we act as a data processor on their behalf. We will explain the different impact of whether we are a data controller or a data processor below.

Collection of Information. Unless you have otherwise given us appropriate consent, we collect, use and disclose only such information as is required to enable us to manage your account, to provide the Service, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes and for service improvement. We will maintain the confidentiality of any contact information you provide to us on signing up for our Service or contacting us with questions or for further information and we will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below), unless you agree that we may disclose it to other third parties.

Two types of information may be collected through the Service: Personal Information and Non-Personal Information. This Privacy Policy does not extend to the collection, use or disclosure of the following information which is currently not limited by applicable privacy laws: (a) information that is publicly available, such as names, addresses, telephone numbers and electronic address when listed in a directory or made available through directory assistance; or (b) Non-Personal Information (as defined further below).

"Personal Information" is personally identifiable information, such as your name, address, e-mail address, and credit card information. At the time of collection, we will clearly identify the information being collected and the purposes for which it will be used. It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register to use the Service or be able to access them at all. In other instances, your choice not to provide certain Personal Information may mean that you will not be able to use certain features of the Service. We may collect Personal Information in respect of the Service through registration processes, communications with you, service use, subscription, user support and surveys.

"Non-Personal Information" is information of an anonymous nature, such as the domain used to access the Service, and the type and version of browser or operating system being used to access the Service. Aggregate information, such as demographic statistics of our users (e.g. geographical location of our users), number of users, what pages users access or visit, and average time spent on the Service is not considered Personal Information. Similarly, business contact information such as the name, title, business address, e-mail address, or telephone number of a business or professional person or an employee of an organization is not considered Personal Information.

Collection and Use of Information: We collect information for the following purposes:

  • Registration Data. When you register to use the Service, we ask for information such as your name, company name, email address, billing address and credit card information. This information will be used to administer your account, for billing, verification and authentication purposes and to contact you in relation to your account.
  • Content You Make Available. You have the ability to upload photos, notes and other content to the Service such as a photo and description of work that you have completed. The content that you make available will be accessible to the Account Owner.
  • Time Tracking. You may use the time tracking functionality in the Service to track how long it takes you to complete an Assignment. Such information will be made available to the Account Owner.
  • Transactional Notifications: We provide notifications for certain activities relating to your use of our Service despite your indicated e-mail preferences, for example we may send you notices of any updates to our Terms of Use or Privacy Policy.
  • Marketing Communications: If you opt-in to receive marketing communications from us, we will keep you up to date on our products and services. You may withdraw your consent to receiving marketing communications from us at any time by following the opt-out instructions in each communication.
  • Statistics: We also collect statistics about use of the Service which we use for analytics. Aggregate statistics that do not personally identify an individual will be kept by us and such aggregate statistics may be made available to third parties.
  • Analytics Services: In addition to the tracking technologies we use, other companies may set their own cookies or similar tools when you use our Service. This includes third party analytics services, including but not limited to Google Analytics ("Analytics Services"), that we engage to help analyze how users use the Service, as well as third parties that deliver content or offers. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. We use the information we get from Analytics Services only to improve our Service. The information generated by the Cookies or other technologies about your use of our Service (the "Analytics Information") is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ Terms of Use and Privacy Policy. By using our Service, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above.
  • System Logs & Cookies: Cookies are used by us to track content usage and traffic on the Service. A cookie is a feature of your web browser that consists of a text file that is placed on your hard disk by a web server. Cookies help us compile aggregate statistics about usage of our Service, such as how many users visit the Service, how long users spend viewing the Service, and what pages are viewed most often. This information is used to improve the content of the Service. You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Service. Your IP address is reported by your web browser whenever you visit a page on the Service. This information may be recorded together with your registration information in our databases.
  • Do Not Track Signals: We do not currently respond to "do not track" signals or other mechanisms that might enable consumers to opt out of tracking on our Service.
  • Third-Party Links: The Service may contain links to other third-party websites that are not owned or controlled by us. Such third-party websites are governed by the terms and conditions and privacy policies of such third-party providers. We are not involved in any interaction or transaction between you and such third-parties and do not accept responsibility or liability for their policies. Please check the individual polices before you submit any information. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.
  • Third Party Partner Integrations: Optional third party add-ons may be offered by our integration partners from time to time. Data shared with third party integration partners is subject to the privacy policies and terms of service of such third parties.

If we plan to use your Personal Information in future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy. See further the section of this Privacy Policy entitled ‘Amendment of this Policy’.

Disclosures & Transfers: We have put in place contractual and other organizational safeguards with our agents to ensure a proper level of protection of your Personal Information (see Security below). In addition to those measures, we will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see Important Exceptions below).

We share Personal Information about you in respect of the Service only with our service providers and partners which include website hosting, cloud service providers, analytics providers, email marketing providers and billing system. Our service providers may host data worldwide and accordingly your Personal Information may be available to governments worldwide under a lawful order, irrespective of the safeguards we have put in place for the protection of your Personal Information.

From time to time we may employ third parties to help us improve the Service. These third parties may have limited access to user information solely for the purpose of helping us to improve the Service and they will be subject to contractual restrictions prohibiting them from using the information about our users for any other purpose.

Important Exceptions: We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website or App members, other users of the Service, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.

We may also disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

Security: The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

When you provide credit card or other payment information to pay for subscriptions to the Service, your credit card and financial information is processed by Zuora, a third-party subscription management provider.

You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your account information or your password for the Service to third parties.

Retention: We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints.

Amendment of this Policy: We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will send you an email or notification within the Service. Any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted and any material changes will become effective 30 days from their posting on the Service. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Service signifies your acceptance of any changes.

Access, Accuracy and Right to be Forgotten: Where we act as a data controller, you have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, where we act as a data controller we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner. If we act as data processor we will communicate your request to the appropriate data controller.

Where we act as a data controller, we will (i) provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate; and (ii) use commercially reasonable efforts to implement such updates, corrections, deletions or additions as promptly as practicable for the services you are using and for our records. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service. If we act as data processor we will work with the appropriate data controller to keep your Personal Information accurate and up-to-date.

In addition, if you are resident in the European Economic Area, under European law you have the following rights in respect of your personal information that we hold:

  1. Right of access. You have the right to obtain:

    (i) confirmation of whether, and where, we are processing your personal information;

    (ii) information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods;

    (iii) information about the categories of recipients with whom we may share your personal information; and

    (iv) a copy of the personal information we hold about you.

  2. Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
  3. Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.
  4. Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.
  5. Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.
  6. Right to object. You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
  7. If you are resident in France, you also have the right to set guidelines for the retention and communication of your personal information after your death.
  8. If you wish to exercise one of these rights, please contact us at the e-mail contact below.
  9. You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
  10. Residents in other jurisdictions may also have similar rights to the above. Please contact us at the contact below if you would like to exercise one of these rights, and we will comply with any request to the extent required under applicable law.

Contact Us: You can help by keeping us informed of any changes such as a change of address or telephone number. If you would like to access your information or would otherwise like to exercise any of your rights in respect of your personal information (whether as set out above or otherwise), if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at: privacy@bluefolder.com.