Privacy Policy

Included in this document are the I. Privacy Policy, II. Mobile Application Privacy Statement, III. Mobile Application End User License, and IV. Privacy Notice for California Residents.

I. Privacy Policy

Last modified : October 25, 2023

Business Draft Inc., an Oregon corporation (the "Company" or "We") is dedicated to protecting consumer privacy. This notice explains how the Company may collect information from you or that you may provide when you visit any of the Company's Internet properties including, without limitation, businessdraft.com, mobile websites, microsites, mobile applications, Company profiles on social media sites, and other digital services and platforms officially operated or used by the Company from time to time (collectively, the "Sites") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Your use of the Sites constitutes acceptance of this Policy.

This Policy explains our practices in the following areas:

  1. The nature of the information we collect about you and the way such information is used.
  2. The nature, frequency, and purpose of any disclosure of information that we may make, including the types of persons or entities to whom the disclosure may be made.
  3. Your rights under the Communications Act, 47 U.S.C. § 338(i).
  4. If you are a California resident, please see our Privacy Notice for California Residents.

This Policy does not apply to information collected by :

  1. The Company offline or through any other means, including on any other website operated by the Company or any third party including our affiliates and subsidiaries; or
  2. Any third party including our affiliates and subsidiaries, including through any application or content (including advertising) that may link to or be accessible from or on the Sites.

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

If you have questions about this policy or other matters, you may contact us by phone at 971-248-0397, email to support@businessdraft.com, or postal mail to:

1915 NE Stucki Ave., Ste. 400, Beaverton, OR 97006

I. Types of Information we collect and how we collect it

In discussing the types of information we collect from customers and visitors to the Sites we use the term "Customer Information" is a broad, general term that refers to any information relating to you and your use of the Sites, including Account Information, Commerce Information, Website Information, and Recording Information.

The following are specific types of Customer Information that we collect from customers and visitors to the Sites:

"Account Information" means information about your account, including, but not limited to, your name, address, e-mail address, telephone number, credit card information, resume, CV, curriculum vitae, profile, references, recommendations, video interviews, and other similar written overviews or assessments of a person's experience and qualification. We collect Account Information directly from you when you contact us, or purchase services from us. In addition, we may collect files stored on your computer or device such as calendars, photos, texts, or videos. We may combine information we obtain from third parties with Account Information we collect.

"Commerce Information" means personally identifiable information about you that enables a commerce partner to fulfill your request to participate in a business transaction. From time to time, we may enable you to buy goods and services from us or third parties. We will only collect and send on your behalf information such as your name and address and your interest in a specific offer or transaction to the commerce partners that are sponsoring the promotion or transaction if you take advantage of such an offer or engage in a transaction. In addition to fulfilling your request, such commerce partner may also use your Commerce Information to send you other information in which you might be interested, consistent with its own privacy policies.

"Website Information" means information gathered through your interactions with the Sites including, the Internet domain and IP address from which you access the Sites; the date and time you access our site; the pages you visit; whether or not you linked to the Sites from another website and the address of that website. IP addresses, which are numbers automatically assigned to a computer or device when using the Internet; the type of browser, application, and operating system used to access the Sites; the search terms used to get to the Sites, in addition to search terms used in the site's search engine; the dates and times users access the site; the type of device used to access the site; how often users visit the site; the pages users visit within the site; the browser history; and the links made to other websites through this site.

"Recording Information": means recordings of any calls, interviews, web conferences, or other remote meetings for quality assurance, training purposes, and record-keeping. Such recordings may capture video, audio, screen sharing, and additional metadata (collectively referred to as "Recording Elements"). Participants are notified when recordings are taking place. Recordings may capture any information provided during the call by any participant, including personal information disclosed. We retain meeting recordings indefinitely. We do not share recordings externally except where required by law. Our recordings are processed through Twilio, a third-party service, in compliance with their privacy policies and terms of service. While these recordings are not publicly distributed, they may be accessible to authorized team members for the purposes described above. If you participate in a recorded call or meeting, you may request deletion of the recording by emailing support@businessdraft.com. However, we may decline requests for legal or business reasons, such as retaining recordings for record-keeping purposes.

Links to Other Websites: When you visit the Sites, you may find opportunities to link to websites of third parties. When you click through to these third-party websites, the Company's Privacy Policy no longer applies. We recommend that you read the privacy policy for any third-party websites.

II. Use of Customer Information

We use Customer Information to provide our services, process your transaction and other service-related requests and comments, and to understand your needs so that we may provide you with the most suitable services. For example, we may use your Account Information to:

We may use Customer Information to resolve disputes and troubleshoot problems, as well as contact a customer regarding administrative matters or notices.

By providing your phone number to “Business Draft, Inc”, you agree and acknowledge that “Business Draft, Inc” may send text messages to my wireless phone number for any purpose. Message and data rates may apply. Message frequency will vary, and you will be able to Opt-out by replying “STOP”.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

III. Automatic Collection Techniques; Cookie Policy

As you navigate through and interact with the Sites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: (1) details of your visits to the Sites, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Sites; and (2) information about your computer or device and internet connection, including your IP address, operating system, application, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

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

"Cookies" meaning a small file placed on the hard drive of your computer or device. You may refuse to accept browser Cookies by activating the appropriate setting on your browser or application. However, if you select this setting, you may be unable to access certain parts of the Sites. Unless you have adjusted your browser or application setting so that it will refuse Cookies, our system will issue Cookies when you direct your browser to the Sites.

"Flash Cookies" meaning features of the Sites using local stored objects to collect and store information about your preferences and navigation to and from the Sites.

"Web Beacons" meaning pages of the Sites and our e-mails that may contain small electronic files (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

IV. When we share Customer Information with third parties

We do not share your personally identifiable information with third parties, except as described in this Policy. In the circumstances described below, we limit the information we provide to the information necessary to perform the function or provide the service for which it is shared. Third parties are not permitted to use the Customer Information which is provided by us for any purposes other than as authorized by us, and we take steps to require these third parties to maintain the confidentiality of the Customer Information and adhere to this Privacy Policy.

Industry Affiliates: We may share Customer Information, including personally identifiable information, with other entities (and their affiliates) with whom we have a contractual relationship related to the Company's business. Information shared with these "Industry Affiliates" may be used only to support your successful use of the Company's services, and such Industry Affiliates' services.

Marketing: Unless you specifically opt-out, we may share Customer Information with third parties other than Industry Affiliates, who offer services in which we think you might be interested. These third parties may use this Customer Information to market their services to you. When you elect to participate in a special offer or engage in a transaction with the Company or a third-party advertiser engaged by the Company, we will collect and disclose your Commerce Information, on your behalf, to the party sponsoring or fulfilling the promotion. This information is disclosed to a third party only upon your affirmative response to an offer. In addition to fulfilling your request, that party may also use your Commerce Information to send you other information in which you might be interested consistent with its own privacy policies.

Service Providers : We may share Customer Information with contractors, service providers, and other third parties we use to support our business.

Legal Requirements & Professional Services: The Company may share your Customer Information if it believes in good faith that such disclosure is: (a) necessary to comply with a legal process; (b) in response to legal claims; (c) necessary to protect personal safety, property or other of your or a third party rights, our rights and/or the rights of our service providers; or (d) as part of a sale or assignment of all or a part of our business. The Company may also disclose Customer Information to any person performing audit, legal, operational or other similar services for the Company. Whenever reasonably possible we will require any recipient of Customer Information for these purposes to agree in writing to hold the information in confidence, to use the information only for the permitted purpose, and to return or destroy the information when the services are completed.

V. Third-party advertising services

We may use Google AdWords and Google DoubleClick services. In addition to complying with the terms in this Policy, the Company complies with Google's policy requirements. AdWords features permits us to reach people who previously visited the Sites. The service does not collect personally identifiable information.

Cookies can be used, among other things, to identify your computer or device when you log into a website and may track your IP address in order to do so. Information about how you can opt out of Google's use of cookies is available at Google's Ads Settings. Alternatively, you can opt out of a third-party vendor's use of cookies by visiting the Network Advertising Initiative opt-out page or, to opt out of only DoubleClick's use of cookies, by visiting the DoubleClick opt-out page.

We do not use or associate personally identifiable information with remarketing lists, cookies, data feeds, or other anonymous identifiers. Furthermore, the Company does not use or associate targeting information, such as demographics or location, with any personally identifiable information collected from ads or their landing pages. The Company does not share any personally identifiable information with Google through its remarketing tags or any data feeds which might be associated with its ads, nor does it send Google precise location information without obtaining your consent.

VI. Opting Out of Marketing Communications

The Company may periodically send you messages via e-mail, telephone or traditional postal mail about services or products that we think may be of interest to you. In addition, as provided above, the Company may make Customer Information available to third parties for the purpose of marketing such products or services.

You can choose not to receive marketing messages promoting the Company's services from us and third parties in the future by:

  1. E-mailing us at support@businessdraft.com (please put "Opt-Out" in the subject line);
  2. Writing us at 1915 NE Stucki Ave, STE 400, Beaverton, OR 97006
  3. If you are a current Customer, please include your name, address, account or order number, and phone number in the body of your e-mail or letter.

Upon receipt of your opt-out request, the Company will take the required actions within a reasonable period of time; however, we cannot and do not guarantee that such removal will be effective immediately.

VII. How long we keep Customer Information

We maintain Customer Information for an indefinite period for related business activities.

VIII. User ID and Password

Certain areas of the Sites require the use of a user ID, email address, or password as an additional security measure that helps protect your Customer Information. To help you protect your privacy, these Sites have tools to help you log in and log out. You are responsible for maintaining the confidentiality of your user ID and password.

IX. How we protect the security of Customer Information

We take reasonable steps to protect Customer Information by using security technologies and procedures that limit access to our databases. However, no system is completely secure or error-free. We do not, and cannot, guarantee the complete security of Customer Information.

X. A Special Note for Parents Concerning Privacy

The Sites are not directed to children, and we do not encourage children to participate in providing us with any personally identifiable information. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us at support@businessdraft.com . We strongly recommend that children under age 13 access the Sites only under the approval and supervision of their parents or legal guardian(s).

We support the guidelines and regulatory requirements provided in the Children's Online Privacy Protection Act of 1998 (COPPA).

XI. Changes to this Privacy Policy

The Company shares Customer Information in accordance with the Privacy Policy in effect at the time the information is collected. We reserve the right to change this Privacy Policy at any time. If we make a significant change with regard to our collection or use of information about our customers, we will note on the main page of our Web sites that this Policy has been updated and may take additional reasonable steps to notify you about the new or revised Policy. Whenever possible, we will reasonably attempt to notify you in some way 30 days before the effective date of the change. To comment on or ask about this Policy, contact us by phone at 971-248-0397, email to support@businessdraft.com, or postal mail to:

1915 NE Stucki Ave., Ste. 400, Beaverton, OR 97006

{00623584:2}

II. Mobile Application Privacy Statement

This privacy statement applies to information collected about you by the Business Draft Application (the "Application"), provided by Business Draft Inc., an Oregon corporation ("Company" or "We").

Personal Information

We collect Customer Information (as defined in our Privacy Policy) directly from you, for instance when you register with us, and through your transactions with us. We also use common technologies, such as cookies and beacons, in our Application to collect information about you.

For example, we collect:

For more detailed information about t the information we collect, including more information about what we mean by the terms above, see the Privacy Policy Page. The Privacy Policy includes a full description of the types of Customer Information we collect, when we collect Customer Information, and how we collect Customer Information.

Use and Sharing

We use your personal information to provide you with the services you request and to provide offers and information regarding our products and services, and we may share your information with third parties that we hire to help us provide products and services to you.

We share your information with:

We do not sell your Customer Information.

For more information about how we use and share Customer Information, including more information about what we mean by the terms above, see the Privacy Policy.

Your Choices

Important Information

You can view our full privacy policy at the Privacy Policy Page. Residents of certain states may have additional personal information rights and choices.

How to Contact Us

You may email us at support@businessdraft.com or write to us directly at:

1915 NE Stucki Ave., Ste. 400, Beaverton, OR 97006

Last modified : October 1, 2023

{00623585:2}

III. Mobile Application End User License

This Mobile Application End User License Agreement (this "EULA") is a binding agreement between you ("End User" or "you") and Business Draft Inc., an Oregon corporation ("Company"). This EULA governs your use of the Business Draft, (including all related documentation, the "Application"). The Application is licensed, not sold, to you.

BY ACCESSING AND USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

  1. License Grant. Subject to the terms of this EULA, Company grants you a limited, non-exclusive, and nontransferable license to:
  2. download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and
  3. access, stream, download, and use on such Mobile Device the Content and Services (as defined in 25.) made available in or otherwise accessible through the Application, strictly in accordance with this EULA and the Terms of Use applicable to such Content and Services as set forth in 25..
  4. License Restrictions. You shall not:
  5. copy the Application, except as expressly permitted by this license;
  6. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
  7. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
  8. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
  9. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
  10. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
  11. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this EULA, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA.
  12. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Mobile Application Privacy Statement and Privacy Policy, found at https://businessdraft.com/privacy-policy#mobile-application-privacy-statement and https://businessdraft.com/privacy-policy#privacy-policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  13. Content and Services. The Application may provide you with access to Company's Sites, including, but not limited to, mobile websites, microsites, mobile applications, Company profiles on social media sites, and other digital services and platforms officially operated or used by the Company from time to time, such as the website located at businessdraft.com (the "Sites").Products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Sites (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Terms of Use and Privacy Policy located at https://businessdraft.com/terms-of-service#terms-of-use and https://businessdraft.com/privacy-policy#privacy-policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Sites, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this EULA.
  14. Geographic Restrictions. The Content and Services are based in the state of Oregon in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
  15. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
  16. the Application will automatically download and install all available Updates; or
  17. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this EULA.

  1. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
  2. Term and Termination.
  3. The erm of EULA commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this 49. (the "Term").
  4. You may terminate this EULA by deleting the Application and all copies thereof from your Mobile Device.
  5. Company may terminate this EULA at any time without notice in its sole discretion. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this EULA.
  6. Upon termination:
    1. all rights granted to you under this EULA will also terminate; and
    2. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
  7. Termination will not limit any of Company's rights or remedies at law or in equity.
  8. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
  2. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
  3. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  1. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to: (i) your use or misuse of the Application, including, but not limited, to the content you submit or make available or the Sites; (ii) your breach of any provision of this EULA; Terms of Use; or Privacy Policy, and all agreements incorporated therein; (iii) any performance, non-performance, experience, interaction, use, or harmful effects from the Content and Services, including, without limitation, product liability claims, or claims arising from third-party interactions on the Sites. Your obligations under this Section 12 shall survive the Term of this EULA.
  2. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
  3. US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
  4. Severability. If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.
  5. Governing Law. This EULA is governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this EULA or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  6. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  7. Entire Agreement. This EULA, our Terms of Use, our Privacy Policy, and all documents incorporated therein constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
  8. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any applicable purchase or other terms, the terms of this EULA shall govern.

Last modified : October 1, 2023

{00623586:2}

IV. Privacy Notice for California Residents

Effective Date: October 1, 2023

This Privacy Notice for California Residents supplements the information contained in Business Draft Inc.'s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("Personal Information"). Personal Information does not include:

In particular:

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.Some personal information included in this category may overlap with other categories. YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. YES
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. YES
I. Professional or employment-related information. Current or past job history or performance evaluations. YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. YES
K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

We obtain the categories of personal information listed above both directly from you through, for example, forms you complete, and indirectly from you, by observing your actions on the Sites. We also obtain personal information from third parties associated with our services, for example, third parties posting employment opportunities on the Sites.

Use of Personal Information

We may use, sell, or disclose the personal information we collect for one or more of the following purposes:

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

Disclosures of Personal Information for a Business Purpose

In the preceding 12 months, Company has disclosed the following categories of personal information for a business purpose:

We disclose your personal information for a business purpose to the following categories of third parties:

Sales of Personal Information

In the preceding 12 months, Company has not sold any of your personal information:

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us via email at support@businessdraft.comwith the subject line, "CCPA Policy ," by phone at 971-248-0397 or by postal mail at the following address:

1915 NE Stucki Ave. Ste. 400, Hillsboro OR 97006

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: (1) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (2) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

However, we may offer you certain financial incentives permitted by the CCPA that can resultin different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@businessdraft.com.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Sites and update the notice's effective date. Your continued use of our Sites following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which the Company collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us via email at support@businessdraft.com, by phone at 971-248-0397 or by postal mail at the following address:

1915 NE Stucki Ave. Ste. 400, Hillsboro OR 97006

{00623604:2}