CONSENT & INFORMATION COLLECTION AND USE
By providing personal information to us and by retaining us to provide you with the Services, you voluntarily consent to the collection, use and disclosure of personal information as specified in this Agreement. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your Personal Information in specific circumstances. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information.
When you join us as a customer of the Services, you will be asked to provide required account information and to create your account to use the Services offered by us. Your administrator will provide users of your account with usernames and passwords to access your account and the Services. You will also be asked to create a user name and private password, which will become part of your account information.
When you join us as a customer, your e-mail address, mailing address, personal computer and third party services (collectively your “Personal Information”) are required by us to provide the Services. Your administrator is also required to provide us with his/her e-mail address and phone number.
You are responsible, when providing the personal information of any third party to the Company, to ensure you have all of the necessary rights to do so for the purposes of the Services.
Express consent means that you have clearly agreed to receive a CEM (Commercial electronic message) from Beanworks, either in writing or orally. You have taken a proactive action to indicate your express consent (in other words, submitted your information through our opt-in mechanism, e.g. filling in a form on our website).
By downloading our gated content you are agreeing to receive future CEMs from Beanworks.
Express consent is not time-limited: once express consent is obtained, Beanworks may send CEMs until you notify us that you no longer want to receive them.
If you request to stop receiving CEMs through our unsubscribe mechanism or by any other form of communication with Beanworks, we will stop sending CEMs within 10 business days.
We may use your information for the following purposes:
- to provide the Services to you
- to create, manage and control your account information;
- to communicate with you for the purpose of informing you of changes or additions to the Services, or of the availability of any Services we provide;
- to assess Service levels, monitor traffic patterns and gauge popularity of different Service options;
- to verify access rights to the Services and software;
- to allow you to access our current and future Services and software;
- to carry out our marketing activities;
- to enforce the Terms of Service, including monitoring the status of our service invoices issued and to you;
- to respond to claims of any violation of our rights or those of any third parties;
- to respond to your requests for customer service;
- to protect the rights, property or personal safety of you, us, our users and the public; and as required or authorized by law.
We may occasionally communicate with you regarding our products, services, news and events or post such communications on your account. You have the option to not receive this information. We provide an opt-out function with all communications of this nature, or will cease to communicate with you for this purpose if you contact us at email@example.com, and opt-out of communications. The only communications you may not “opt-out” of are those required to communicate Service-related announcements, including, without limitation to, information specific to your account, planned Service suspensions and outages, and changes to the Services.
We may contact you to confirm and verify the personal information on your account. We may also communicate with you by emailing your administrator and/or posting information on your account to provide Service notifications, account information, and information in regard to any issues with your account, including outstanding Beanworks service invoices.
AGE OF CONSENT
We do not knowingly provide the Services to, and will not knowingly collect the personal information from anyone under the age of consent.
RIGHTS TO YOUR INFORMATION
You have the right to access and edit your personal information at any time by signing into your online BeanworksAP Account.
We keep confidential all of your personal information, records and data collected and imported into your online BeanworksAP application.
You further agree we may disclose and share your personal information or data with our parent companies, affiliates, subsidiaries and contractors for internal purposes, including uses related to the Services, improvements to the Services and extending special offers to you. We ensure all persons or entities under our control that have access to your data have executed non-disclosure agreements. Notwithstanding the above, any publicly available information such as a vendor’s address and phone number and invoice field spacing, may be disclosed to other users of the Services who share the same vendor in using the Services.
We may use your personal information to generate Aggregated Data for internal use and for sharing with affiliates, subsidiaries, business partners and third parties for planning and marketing purposes. “Aggregated Data” means records that have been stripped of personal information potentially identifying individuals, and which have been manipulated or combined to provide generalized, anonymous information. Your identity and personal information will not be discoverable in Aggregated Data.
COOKIES AND LOG FILES
If your browser is set to not accept cookies, you will not be able to use our Services. However, most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, providing you with the chance to accept it.
CHANGE OF OWNERSHIP OR BUSINESS TRANSITION
In the event of a change of ownership or other business transition, such as a merger, acquisition or sale of our assets, we will have the option, should service be discontinued to have us provide you with a copy of your invoice images along with the coding and approval history associated with each of them.
The Province of British Columbia and the federal laws of Canada govern this Agreement without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction of the Province of British Columbia.
LIMITATION OF LIABILITY AND INDEMNITY
In no event will Beanworks be liable to you for any lost profits, lost savings, or incidental, indirect, special or consequential damages arising out of your use or inability to use any software or service provided by Beanworks. Should you suffer any direct losses caused by the gross negligence of Beanworks, its employees, affiliates or contractors, then any claim for such damages will be limited to the amount you have paid to Beanworks under this contract in the twelve (12) months preceding any such grossly negligent conduct.