The Beacon Grand respects the intellectual property rights of third parties and respond to allegations that copyrighted material has been shared through our site (“Platform”), without authorization from the copyright holder, in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). We will also, in appropriate circumstances and at our discretion, disable and/or terminate the use of the Platform by users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA.
1.
NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and made available in a way that constitutes copyright infringement, you may send a written document to info@beacongrand.com that contains the following (a “Notice”):
• A description of the copyrighted work that you claim has been infringed.
• Identification of the URL or other specific location that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the allegedly infringing material.
• An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law.
• A statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner’s behalf.
• Your name, mailing address, telephone number, and email address.
Please note that you may be liable for damages, including court costs and attorneys fees, if you misrepresent that content uploaded by another Platform user is infringing your copyright.
Upon receiving a proper Notice, the Beacon Grand will remove or disable access to the allegedly infringing material and notify the alleged infringer of your claim. We will also advise the alleged infringer of the DMCA Counter Notice Procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.
1.
COUNTER NOTICE PROCEDURE
If you believe your own copyrighted material has been removed from the Platform in error, you may submit a written Counter Notice to guestservices@beacongrand.com that includes the following:
• Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
• A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, the Northern District of California or any other judicial district in which may be found.
• A statement that you will accept service of process from the party that filed the Notice or the party’s agent.
• Your name, address and telephone number.
• A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your physical or electronic signature.
If you send a valid, written Counter Notice meeting the requirements described above, the Beacon Grand will restore your removed or disabled material within 10 to 14 business days from the date we receive your Counter Notification, unless we first receive notice from the party filing the original Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.
1.
REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the Platform by users who may infringe or repeatedly infringe the copyrights of others. This determination will be based on the number of “strikes” against the user. A “strike” is counted against a user each time there is an adjudication by a court, arbitrator or other tribunal of competent jurisdiction that the user has engaged in copyright infringement of any kind in relation to the Platform.
In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the Platform by users who may infringe or repeatedly infringe the copyrights of others. This determination will be based on the number of “strikes” against the user. A “strike” is counted against a user each time there is an adjudication by a court, arbitrator or other tribunal of competent jurisdiction that the user has engaged in copyright infringement of any kind in relation to the Platform.
Each adjudication counts as a separate strike. If an adjudication pertains to multiple instances of copyright infringement, it can count as multiple strikes. has adopted a “three strikes and you’re out” policy under which a user who accumulates three strikes is considered a repeat infringer and may be subject to account termination.
1.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that any content you upload to the Platform does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and constitutes an original work of authorship by you.
1.
USER CONTENT RESTRICTIONS
You may not upload, post, or transmit any images, video, text, audio, or other content or materials (collectively, “User Content”) that: (a) would violate or infringe our proprietary, privacy, publicity, or intellectual property rights, or those of any third party; (b) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (c) violates any applicable law, statute, ordinance, or regulation; (d) puts in jeopardy the security of your account, us, the Platform, or any third party; or (e) promotes or displays any of the following content: (i) pornography; (ii) violence; (iii) racial intolerance or advocacy against any individual, group, or organization; (iv) profanity; or (v) illicit drugs and drug paraphernalia. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all User Content from this site. You understand and expressly acknowledge that by using the Platform you may be exposed to content that you find offensive, indecent, or objectionable and that we will not be liable to you or any other person or entity for your consumption of any content on the Platform.
DATA PROCESSING ADDENDUM
This Data Processing Addendum (DPA) amends our Terms of Service (also Agreement) and sets out the terms that apply when Personal Information is processed by under the Agreement. The purpose of the DPA is to ensure such processing is conducted in accordance with applicable laws and with due respect for the rights and freedoms of individuals whose Personal Information is processed. Other capitalized terms used but not defined in this DPA have the same meanings as set out in the Agreement.
1. DEFINITIONS
1. For the purposes of this DPA:
1. “EEA” means the European Economic Area, which constitutes the member states of the European Union, the United Kingdom, Norway, Iceland and Liechtenstein.
2. “California Consumer Privacy Act of 2018” or “CCPA” means Assembly Bill 375 of the California House of Representatives, an act to add Title 1.81.5 (commencing with Section 1798.100) to Part 4 of Division 3 of the Civil Code, relating to privacy and approved by the California Governor on June 28, 2018;
3. “EU Data Protection Legislation” means (i) prior to 25 May 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal information and on the free movement of such data, including any applicable national implementations of it; and (ii) on and after 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal information and on the free movement of such data, and repealing Directive 95/46/EC (as amended, replaced or superseded) (“GDPR”);
4. “Controller” shall mean the entity which, alone or jointly with others, determines the purposes and means of the processing of Personal Information;
5. “Processor” shall mean an entity which processes Personal Information on behalf of the Controller; and
6. “Personal Information” means any information relating to an identified or identifiable natural person.
2. APPLICATIONS OF DPA
1. Applicability. This DPA will apply only to the extent that processes Personal Information from the EEA on behalf of “You” the Customer.
2. GDPR. This DPA inclusive of Exhibits A and B will apply only on and after 25 May 2018. Where the GDPR materially or adversely impacts our continued provision of the Services (including its costs in providing the Services) and / or Customer’s receipt of the Services, the Parties shall discuss in good faith and acting reasonably, what changes may be necessary and operationally, technically and commercially feasible to the Agreement and/or the DPA and/or the Services (including, without limitation, the fees payable by Customer to for the Services) in order to enable to continue providing the Services. No such changes shall be effective unless agreed between the Parties pursuant to this Clause.
3. ROLES AND RESPONSIBILITIES
1. Parties’ Roles. To the extent that the Beacon Grand processes Personal Information in the course of providing the Services, it will do so only as a Processor acting on behalf of Customer (as Controller) and in accordance with the requirements of the Agreement.
2. Purpose Limitation. the Beacon Grand will process the Personal Information only for the purpose of providing the Services and in accordance with Controller’s lawful instructions.
3. Compliance. Customer, as Controller, shall be responsible for ensuring that:
1. It has complied, and will continue to comply, with all applicable laws relating to privacy and data protection, including EU Data Protection Legislation; and
b) It has, and will continue to have, the right to transfer, or provide access to, the Personal Information to for processing in accordance with the terms of the Agreement and this DPA.
2. The Beacon Grand providing an accurate and up to date Data Security Contact name, and contact information available during both business and non-business hours.
4. SECURITY
1. Security. The Beacon Grand will have in place and maintain throughout the term of this Agreement appropriate technical and organizational measures to protect the Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of processing (a “Security Incident”).
2. Security Incident. In the event of a Security Incident, the Beacon Grand will notify Customer via Customer’s designated Data Security Contact and provide reasonable assistance in order to remedy or mitigate the effects of the Security Incident.
5. TERM AND TERMINATION
1. Subprocessing. Customer authorizes the Beacon Grand to subcontract processing of Personal Information under the Agreement to a third party provided that flows down Section 3.2 and Section 4.1 to any subcontractor it appoints.
6. INTERNATIONAL TRANSFERS
1. Adequacy. The Beacon Grand will provide an adequate level of protection for Personal Information that it processes on behalf of Customer in accordance with the requirements of EU Data Protection Legislation.
7. SERVICE DATA
1. Notwithstanding anything in this DPA, the Beacon Grand will have the right to collect, extract, compile, synthesize and analyze non‐personally identifiable data or information resulting from Customer’s use or operation of the Services (“Service Data”) including, by way of example and without limitation, information relating to volumes, frequencies, recipients, bounce rates, or any other information regarding the communications the Beacon Grand Customer, its end users or recipients generate and send using the Services. To the extent any Service Data is collected or generated by us, such data will be solely owned by and may be used by for any lawful business purpose without a duty of accounting to the Beacon Grand Customer or its recipients, provided that such data is used only in an aggregated form, without directly identifying any person. For the avoidance of doubt, this DPA will not apply to Service Data.
8. MISCELLANEOUS
1. Except as amended by this DPA, the Agreement will remain in full force and effect.
2. If there is a conflict between the Agreement and this DPA, the terms of this DPA will control.
3. Any claims brought under this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Terms of Service.
Exhibit A – GDPR Addendum
The following terms in this Exhibit A shall apply to the Agreement and the DPA only on and after 25 May 2018.
1. Scope. The subject‐matter of the data processing is the provision of the Services and the processing will be carried out for the duration of the Subscription Term. Exhibit B sets out the nature and purpose of the processing, the types of Personal Information processes and the categories of data subjects whose Personal Information is processed.
2. Instructions. The Terms of Service and this DPA set out the Beacon Grand Customer’s complete documented instructions in relation to the processing of the Personal Information and any processing required outside of the scope of these instructions will require prior written agreement between the parties.
3. Purpose Limitation. If the Beacon Grand is required to process the Personal Information for any other purpose by European Union or national law to which the Beacon Grand is subject, shall inform the Customer of this requirement before the processing, except where otherwise required by such law.
4. Data Protection Impact Assessments. The Beacon Grand shall, to the extent required by EU Data Protection Legislation, provide Customer with reasonable assistance at Customer’s cost and expense with data protection impact assessments or prior consultations with data protection authorities that Customer is required to carry out under EU Data Protection Legislation or the CCPA.
5. Sub‐processing.
1. Customer agrees that the Beacon Grand may engage affiliates and third party sub‐processors (collectively, “Sub‐processors”) to process the Personal Information on our behalf.
2. The Beacon Grand shall impose on such Sub‐processors data protection obligations that protect the Personal Information to the same or substantially similar standard provided for by this DPA and shall remain liable for any breach of the DPA caused by a Sub‐processor.
6. Security
1. The Beacon Grand will ensure that any person that it authorizes to process the Personal Information (including its staff, agents and subcontractors) shall be subject to a duty of confidentiality) whether a contractual or a statutory duty).
2. Upon becoming aware of a Security Incident, the Beacon Grand shall notify Customer via Customer’s provided Data Security Contact, without undue delay and shall provide such timely information as Customer may reasonably require, including to enable Customer to fulfil any data breach reporting obligations under EU Data Protection Legislation or the CCPA. The Beacon Grand shall promptly take appropriate steps to remedy or mitigate any damage arising from such a Security Incident.
7. Audit.
1. While it is the parties’ intention ordinarily to rely on the provision of the documentation to verify our compliance with this DPA, the Beacon Grand shall permit the Customer (or its appointed third party auditors) to carry out an audit of processing of Personal Information under the Agreement following a Security Incident suffered by us, or upon the instruction of a data protection authority. Customer must give reasonable prior notice of such intention to audit, conduct its audit during normal business hours, and take all reasonable measures to prevent unnecessary disruption to our operations. Any such audit shall be subject to our security and confidentiality terms and guidelines.
8. Data subjects’ rights.
1. The Beacon Grand shall, taking into account the nature of the processing, provide reasonable assistance to Customer insofar as this is possible and at Customer’s cost and expense, to enable Customer to respond to requests from a data subject seeking to exercise their rights under EU Data Protection Legislation. In the event that such a request is made directly to us, we shall promptly inform Customer of the same.
9. Deletion / return of Personal Information.
1. Upon termination or expiry of the Subscription Term, we shall, at Customer’s election, delete all relevant Personal Information (including copies) in our possession, save to the extent that is required by any applicable law to retain some or all of the Personal Information.
10. If there is a conflict between the DPA and this Exhibit, the terms of this Exhibit will control.
Exhibit B – Data Processing Appendix
Data subjects
The Personal Information transferred concern the following categories of data subjects (please specify): End users – individuals who interact with the Customer by way of the communication platform.
Categories of data
The Personal Information transferred concern the following categories of data: IP Address, Device info (Operating system, Browser), Cookie dropped anonymous ID, Email, Full Name, location data, Facebook Username, Instagram Username, Facebook Avatar, Instagram Bio, Unique social Id for Instagram/Facebook/ Twitter, and interactions with end users via the communication platform.
Special categories of data (if appropriate)
The Personal Information transferred concern the following special categories of data: None.
Processing operations
The personal information transferred will be subject to the following basic processing activities (please specify):
Personal Information will be transferred from the Customer to for to provide a communication platform to facilitate interaction and engagement between the Customer and the end user.
This service will consist of providing a communication platform for the Customer to use in order to on‐board and retain end users as well as analyze their use of the Customer’s product and / or services.
Full details about our products and services can be found at http://www.nvhg.com/
Exhibit C – California Consumer Privacy Act of 2018
1. The Beacon Grand is a “Service Provider” as defined in CCPA Section 1798.140(v).
2. Customer discloses Personal Information to solely for: (i) a valid business purpose; and (ii) to perform the Services.
3. The Beacon Grand is prohibited from: (i) selling Personal Information; (ii) retaining, using, or disclosing Personal Information for a commercial purpose other than providing the Services; and (iii) retaining, using, or disclosing the Personal Information outside of the Agreement between and Customer.
4. The Beacon Grand understands the prohibitions outlined in Section 4.