By accessing, browsing, and using this Website, you agree that you have read, understood, and accept this Agreement. Please read it very carefully and let us know if you have any questions. If you do not agree or consent to any of the terms herein, do not use the Website. This Agreement does not govern your use of any products or services offered by Branch from or in connection with the Website, or otherwise, which are subject to their own terms of service. You must accept any terms and conditions relating to Branch products and/or services as a condition to receiving such products and/or services. Such terms will be presented to you in connection with any such subscription.
“Personal Information" means any information that may be used to identify an individual or your account, including, but not limited to, first and last name, home or other physical address, email address and password, phone number, age information, subdomain information, gender, and banking history (only upon request of funds).We may ask you to provide Personal Information that will enable us to enhance your use of the Branch Messenger Service, for purposes such as facilitating correspondence with you, registering your entitlement to access certain special features, or to complete transactions. It is always your choice whether or not to provide that Personal Information. If you choose not to provide requested Personal Information, you may not be able to use certain features of the Branch Messenger Service. Upon request to the Data Protection Officer, Branch will delete any account and the collected data associated with the requester.
Technical Information. We may collect and use technical data and related information—including but not limited to behavior information and technical information about your device(s), system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Branch Messenger Service. We may also automatically receive and record information on our server logs from your browser, which could include your IP address, cookie information, browser information, and the page you requested. This information is not deemed by Branch to constitute Personal Information and while Branch will not use it in a way that associates such information with you, such information may be aggregated and used to improve the Service. Branch owns this information and may use it in any manner it deems appropriate.
The Personal Information that you provide will be kept confidential and used to support your relationship with Branch and our products and services. Among other things, we want to help you quickly find information through our Branch Messenger Service, leverage our tools in connection with your authorized use of our products and services, process payment, facilitate interaction with third party services that you opt into via the Branch Messenger Service, and alert you to product upgrades, special offers, updated information and other new products and services from Branch Messenger. Branch Messenger cannot offer the Branch Messenger Service without using your personal information. We are using the Personal Information because you consented to it by using the Service and Website.
Except as set forth herein or in any applicable Terms of Service, Branch does not rent, sell or share Personal Information it collects about you to or with third parties, unless to agents or contractors which include cloud services provider, and Personal Information collected from you is only used to provide you with our products and services and to comply with any requirements of law or where third parties use the information in accordance with its terms of service and privacy policies.
Agents or contractors of Branch may have access to your Personal Information on a need to know basis for the purpose of performing services on behalf of Branch. All such agents or contractors who have access to such information are required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for Branch or as otherwise required by law.
Branch or its agents or contractors may disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process; (2) protect and defend the rights or property of Branch or its agents or contractors; or (3) act in urgent circumstances to protect the personal safety of users of the Branch Messenger Service or the public.
Finally, if Branch should ever merge with another organization, file for bankruptcy, or sell our assets, we may transfer the information you provide to us through the Branch Messenger Service to a third party or share your Personal Information to the company with which we enter into such transaction as a part of such transaction.
We may from time to time use the services of affiliates, subsidiaries and unrelated service providers in the operation of the Website and Branch Messenger Services, and may disclose personal information to them in the course of our use of their services. For example, we may use the services of third-party hosting companies to host the operation of the Site. This may involve the hosting of data, including personal information, on servers operated by those hosting companies. We take care to use only service providers that we believe are reputable, have equivalent or better security safeguards in place than us, and able to live up to our and your expectations, including about the handling of confidential information. These companies are authorized to use your personal information only as necessary to provide these services to us. If you would like more information on the other companies used by us, please contact our DPO.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements; this retention period may extend past the point at which you close your account.
We maintain physical, electronic, and procedural safeguards designed to protect Personal Information.
Our systems are designed to protect Personal Information from unauthorized usage on shared computers in that users are required to log in through our applications.
Despite the actions and precautions we take, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of your Personal Information and you transmit it to us at your own risk.
Please keep in mind that whenever you voluntarily disclose Personal Information through public facing aspects of the Branch Messenger Service, through e-mail, or in chat areas, that information can be collected and used by others. In short, by posting Personal Information online that is publicly accessible, you may receive unsolicited messages from other parties in return. We are not responsible for the security or privacy of any Personal Information you choose to submit in connection with these public features.
We may send an email to you at the email address you have provided to us in the event of a security breach. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Branch Messenger strives to protect your personal information. For security of data, we use the Secure Sockets Layer (SSL) protocol for data in transit, which encrypts all information, you send to us electronically. The encryption process protects your information, by scrambling it before it is sent to us from your computer or mobile device. Once we receive your transmission, we make commercially reasonable efforts to ensure its security on our system by using industry grade 256-bit encryption algorithms.
You have the right to transfer your data in a commonly used format upon request.
Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. You may access, correct, or request deletion (“Right to be Forgotten”) or suspension of your personal information by contacting us at any of the addresses below:
You may send mail to Branch Messenger at the following postal address:
301 4th Ave S
Minneapolis MN, 55415
You may send an email to firstname.lastname@example.org
For our visitors in the EU, you also have the right to complain to a supervisory authority if we fail to provide you with the rights described in this Agreement.
We do not currently use your Personal Information in such a way that automated decisions are made about you without any human input.
In the future, we may use automated processes to help us determine your eligibility for new services, alternate space, or other business-related opportunities. In such cases, if and as applicable, and to the extent required by applicable law, we will endeavor to implement suitable safeguards, including, for example, an opportunity for you to request human intervention, express your point of view, contest any decisions made, and request that we restrict the use of your Personal Information for the purposes of these automated decisions.
Except as otherwise expressly included in this Agreement, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties through the Branch Messenger Website or Services, whether they are subscribers or customers or otherwise, different rules may apply to their use, collection and disclosure of the personal information you disclose to them. Since we do not control the information use, collection or disclosure policies of third parties, you are subject to their privacy policies. We encourage you to ask questions before you disclose your personal information to others.
You may only use the Branch Messenger Website for its intended purpose and solely in accordance with this Agreement. In addition, you may not restrict or inhibit any other person from using or enjoying the Website. The Website may contain links to other Internet Websites and third-party resources. Branch Messenger is not responsible for either the availability of these outside resources or their content, including for any legal services you may obtain by contacting any person as a result of use of the Branch Messenger Website or the features hereof. Branch Messenger may, but is not obligated to, monitor your use of the Branch Messenger Website. Customer Accounts may only be created for end users that are 18 years or older and residents of the United States of America. You agree that you will not open or attempt to open a Customer Account for any end user that does not meet these criteria and that you will use appropriate measures, technical or otherwise, to do so.
The content of this Website is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on this Website solely for your own personal, non-commercial use, provided that none of the content is modified and all of Branch’s legal legends are retained. You may not “mirror” any content contained within this Website without the express prior written consent of Branch. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of Branch or the appropriate copyright owner. Branch does not grant you any licenses, express or implied, to the intellectual property of Branch or its licensors except as expressly stated in this Agreement.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our contact with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and primary email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Send any notices of suspected Copyright Infringement issues to email@example.com and reference Copyright Issues in the subject line.
This Website is controlled and operated by Branch from within the United States. Branch makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
The content of this Website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
THE WEBSITE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL BRANCH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE PRODUCTS OR YOUR USE OF THE WEBSITE, EVEN IF BRANCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BRANCH'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO BRANCH FOR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement may be modified by Branch at any time by updating and posting a new version on the Website or by otherwise notifying you of the revised Agreement. By using the Website and/or the application, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
The state or federal courts sitting in Minneapolis, MN shall have exclusive jurisdiction and venue over any dispute arising out of this agreement and sale, and you hereby consent to the jurisdiction of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.