Contracts
Master License Agreement
Effective March 7th 2024
DownloadTable of Contents
THIS MASTER LICENSE AGREEMENT ("AGREEMENT") GOVERNS THE USE OF AND ACCESS TO AND OF THE SOFTWARE PRODUCTS AND SERVICES, INFORMATION AND MATERIALS PROVIDED OR MADE AVAILABLE BY CAMPMINDER, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("CAMPMINDER"), WHETHER IN CONNECTION WITH A SERVICE PLAN (AS DEFINED IN THE ORDER FORM) OR A FREE TRIAL OF THE SERVICES. This Agreement is effective as of the date the user ("Licensee" or "you") accepts it (the “Effective Date”). Individuals accepting this Agreement on behalf of their employer or another entity represent and warrant that: (i) they have full legal authority to bind their employer, or the applicable entity, to these terms and conditions; (ii) they have read and understand this Agreement; (iii) they agree, on behalf of the party that they represent to the terms of this Agreement, and (iv) they are at least 18 years of age.
YOU AGREE CAMPMINDER MAY MODIFY OR AMEND THIS AGREEMENT AT ANY TIME BY POSTING THE UPDATED AGREEMENT ON ITS SITE OR SENDING YOU THE UPDATED VERSION. WE ENCOURAGE YOU TO CHECK REGULARLY FOR UPDATES AT HTTPS://LEGAL.CAMPMINDER.COM/MLA/. CHANGES WILL BECOME EFFECTIVE 10 DAYS AFTER THEY ARE POSTED. HOWEVER, CHANGES ADDRESSING NEW FUNCTIONS FOR A SERVICE OR MADE FOR LEGAL OR REGULATORY REASONS WILL BE EFFECTIVE IMMEDIATELY. IF YOU DON’T AGREE TO ANY MODIFIED OR AMENDED TERMS IN THE AGREEMENT, YOU MUST STOP USING THE SERVICES. YOUR CONTINUED USE OF THE SOFTWARE PRODUCTS AFTER THE EFFECTIVE DATE OF ANY CHANGES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY SUCH CHANGES.
OVERVIEW
Campminder desires to provide online access to certain of its proprietary Software Products to Licensee, and Licensee desires to access the Campminder proprietary Software Products, subject to the terms and conditions of this Agreement. The intended use of the Software Products is to help manage and administer Licensee’s own business.
DEFINITIONS
“Administrative User” shall mean an individual who is currently or proposed to be employed or retained by Licensee and designated by Licensee to manage and maintain the Licensee Data or perform other actions on behalf of Licensee for Licensee's internal business purposes, using the Software Products and services and the Campminder System.
"Authorized User" shall mean an individual who is either an Administrative User or a Community User. No one other than an Authorized User may access and use the Software Products.
“Community User” (formerly a "CampInTouch User") shall mean an individual who is a current, former or prospective staff member of Licensee, current or former event attendee of Licensee ("Attendee"), current or former camper of Licensee, or a parent, guest, legal guardian, or caregiver thereof, who is authorized under this Agreement to use the Software Products.
"Campminder System" shall mean the Software Products developed, deployed and delivered by Campminder, including, among other things, the underlying software and applications.
“Confidential Information” means all trade secrets, business and financial information, software, machine and operator instructions, business methods, procedures, know-how, documentation and technical information, and other information that relates to the business or technology of either party and is marked or identified as confidential or disclosed in circumstances that would lead a reasonable person to believe such information is confidential. Licensee's Confidential Information includes Licensee Data; Campminder's Confidential Information includes the Campminder System and the Software Products and all documentation or technical information relating to the same; and Confidential Information of each party includes the terms of this Agreement (including pricing). Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) is received from a third party, or known to the Receiving Party prior to its disclosure by the Disclosing Party, or (c) was independently developed by the Receiving Party.
“Data Protection Law” means all federal, state, local and foreign laws, statutes, regulations, rules, and official guidance applicable to the protection of Personal Data under this Agreement in all relevant jurisdictions.
“Licensee Data” shall mean all data (including but not limited to Personal Data) imported into the Campminder System or input into the Campminder System by Authorized Users of the Software Products.
“Order Form” shall mean the Campminder order form(s) that sets forth the Software Products, pricing information, payment information and such other terms and conditions, attached hereto and incorporated herein by this reference, and shall be subject to and governed by the terms and conditions of this Agreement. Unless otherwise terminated pursuant to this Agreement, each Order Form shall remain in full force and effect unless and until Licensee signs a new Order Form that specifically replaces such prior Order Form. Notwithstanding anything to the contrary contained herein, if Licensee has not signed an Order Form in connection with this Agreement related to its Software Products, pricing or payment terms and rather has signed a previous agreement with Campminder that includes a Schedule A (“Schedule A”) setting forth the Software Products and a Schedule E as amended with any price increases from time to time (“Scheduled E”) setting forth the pricing, payment terms and other terms and conditions, then the Licensee’s Schedule A and Schedule E shall remain in full force and effect and be deemed the Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth the Software Products and pricing, payment and other terms. Notwithstanding anything to the contrary contained herein, if Licensee has not signed an Order Form for Campminder’s photo, news, camper communication, and/or video system (“Summer Services”) in connection with this Agreement and rather has signed a previous agreement with Campminder that includes a Schedule E-1 or an Addendum (“Summer Services Schedule”) setting forth the Summer Services, pricing, payment and other related terms, then the Licensee’s Summer Services Schedule shall remain in full force and effect and be deemed to be included in the definition of Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth or replaces the Summer Services.
“Personal Data” means all information that Campminder receives from Licensee or Authorized Users in the course of this Agreement that identifies or can be used to identify any specific individual or otherwise concerns the personal circumstances of an identified individual and accordingly is protected under Data Protection Law. Personal Data includes without limitation “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), “Personal Data” as defined in Regulation (EU) 2016/679 (together with any national implementations thereof, “GDPR”), and “personal information” as defined under the Massachusetts Standards for the Protection of Personal Data of Residents of the Commonwealth (201 CMR 17.01 et seq.), and "personal information" as defined in the California Consumer Privacy Act of 2018.
“Software Products” shall refer to the software, including, without limitations, modules and accompanying graphical user interfaces, application user interfaces, software development kits, or other software and related materials described in the Order Form to this Agreement or otherwise offered, provided or made available by Campminder or any third party on its behalf, or in connection with this Agreement, and all updates and modifications thereto, whether offered as a service over the internet, as a downloadable copy, or otherwise.
“Third Party Service” shall mean a third party (e.g., non Campminder) product or service that interoperates with the Software Products and that Licensee or its Authorized Users may access in connection with using the Software Products, including by way of example and not limitation credit card, transaction and merchant processing (including but not limited to the services described in Section 2(K) of this Agreement), API access or background check services.
TERMS AND CONDITIONS
1. GRANT OF LICENSES AND RELATED RIGHTS
A. SCOPE OF LICENSES
1. GENERALLY
During the Term and subject to and conditioned upon Licensee's payment of Fees and compliance with all other terms and conditions of the Agreement, Campminder grants to Licensee, and Licensee accepts, a non-exclusive, revocable, nontransferable, non-sublicensable, limited right and license to access and use the Software Product modules specified in the applicable Order Form(s) solely for Licensee's own business purposes. Licensee shall prevent any unauthorized access to or use of the Software Products, and notify Campminder promptly of any such unauthorized access or use.
2. YOUR DATA; HOW CAMPMINDER MAY USE YOUR DATA
Except as otherwise agreed upon by Licensee and Campminder or set forth in this Agreement, as between Campminder and Licensee, all data input into the Campminder System by an Authorized User is considered Licensee Data owned by Licensee.
Campminder agrees that it will use commercially reasonable efforts to back-up Licensee’s Data in accordance with Campminder’s then current data backup policy. Licensee is solely responsible for the accuracy, quality and legality of Licensee Data and the means by which Licensee acquired the Licensee Data. Licensee may designate one or more Administrative Users who shall have limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting their use and disclosure of Confidential Information, including, but not limited to Licensee Data.
3. AUTHORIZED USERS TO ACCESS AND USE OUR SOFTWARE PRODUCTS
To access and use the Software Products, one must be an Authorized User. Each Authorized User shall be assigned a unique identifier to access the Software products (a "Login ID"). Licensee must protect and ensure the confidential nature of each Authorized User’s Login ID and password, as well as the Licensee Data. Licensee is solely responsible and liable for all uses of the Software Products, Licensee Data, and applicable documentation resulting from access provided by Licensee to any Authorized User or third party, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Campminder shall to require that each Authorized User contractually agrees to certain provisions as a precondition to use of the Campminder System, which provisions may be modified and supplemented from time to time, including without limitation, the then-current version of the Campminder Terms of Use (available at: https://legal.campminder.com/terms-of-service/) and the Campminder Privacy Policy (available at https://legal.campminder.com/privacy-policy/). Campminder reserves the right to terminate any Authorized User's use or access of the Software Products or Campminder Confidential Information in its sole discretion.
4. ACTS REGARDING OUR SOFTWARE PRODUCTS THAT ARE NOT PERMITTED
Licensee shall not, nor shall it permit any Authorized User or any other individual or entity to: (a) use or access the Software Products except as expressly permitted by this Agreement; (b) disassemble, decompile, or decrypt any applications, software, source code, or other computer language that provides or helps to provide functionality (including query results) in the Software Products, or that otherwise powers or comprises the Software Products; (c) remove, alter, cover, or obscure the copyright or other proprietary notices appearing in the Software Products; (d) alter, modify, or prepare derivative works based on any software or application accessible through the Software Products; (e) sell, license, rent or otherwise make available the Software Products or a Third Party Service to, or use any part of the Software Products or a Third Party Service for the benefit of, anyone other than Licensee or Authorized Users; (f) use the Software Products or a Third Party Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (g) use the Software Products or a Third Party Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; (h) use the Software Products or applicable documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, (i) interfere with or disrupt the integrity or performance of the Software Products or third-party data contained therein; (j) attempt to gain unauthorized access to the Software Products or its related systems; (k) access the Software Products in order to build or assist in building a competitive service or to benchmark with a non-Campminder service; (l) reverse engineer the Software Products; or (m) share credentials with or provide access to the Campminder System to users that are not Authorized Users.
5. ACCESS TO AND USE OF OUR APIs
Access and use of any application program interface (API), API specifications, and related software, information and materials which CampMinder may make available is governed by the CampMinder API License Terms, available at https://Legal.Campminder.com/APILicenseAgreement/. The API License Terms apply in addition to the terms of this Agreement. Unless expressly stated in this Agreement or the API License Terms, in the event of any contradiction between the API License Terms and this Agreement, the API License Terms shall prevail solely to the extent necessary to resolve the contradiction.
6. ACCESS TO AND USE OF ADDITIONAL SERVICES
Certain features, services, or Software Products may be governed by supplemental agreements and licenses that reference this Agreement (“Product Terms”). You may enter into these Product Terms as part of an Order Form or through you or your Authorized Users agreement to such terms with the Software Products. You agree to comply with all Product Terms applicable to the Software Products you purchase. The Product Terms will control to the extent of any inconsistency with this Agreement, except as otherwise specified in the Product Terms.
B. CAMPMINDER'S WARRANTIES TO YOU AND CERTAIN DISCLAIMERS
Campminder warrants that the Software Products will perform substantially in accordance with the applicable and then-current Campminder documentation for the respective Software Products. THIS WARRANTY IS THE ONLY WARRANTY MADE BY CAMPMINDER WITH RESPECT TO THE CAMPMINDER SYSTEM OR THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 1(B) OF THIS AGREEMENT, THE CAMPMINDER SYSTEM IS PROVIDED "AS-IS" AND CAMPMINDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THIS WARRANTY: (A) IS CONTINGENT UPON LICENSEE’S USE OF THE SOFTWARE PRODUCTS IN COMPLIANCE WITH THE TERMS OF THIS AGREEMENT; (B) DOES NOT GUARANTEE ACCESS, USE, EXECUTION OR OPERATION OF THE SOFTWARE PRODUCTS WITHOUT INTERRUPTIONS, BUGS, OR ERRORS, OR THAT ERRORS WILL BE CORRECTED; (C) DOES NOT COVER ANY BREACHES TO THE EXTENT CAUSED BY THIRD PARTY HOSTING , INTERNET, OR OTHER THIRD PARTY SERVICE PROVIDERS OUTSIDE THE CONTROL OF CAMPMINDER; (D) DOES NOT APPLY TO LICENSEE DATA OR TO DATA (INCLUDING PERSONAL DATA) TO THE EXTENT THE INPUT, OUTPUT, ACCURACY, AND/OR SUITABILITY OF WHICH ARE MADE BY, OR UNDER CONTROL OF, LICENSEE OR AN AUTHORIZED USER; (E) DOES NOT GUARANTEE THAT THE SOFTWARE PRODUCTS AND/OR THE RELATED APPLICATIONS WILL MEET LICENSEE’S REQUIREMENTS OR OPERATE IN THE COMBINATIONS LICENSEE MAY SELECT OR USE; (F) IS VOID UPON ANY MATERIAL BREACH OF THIS AGREEMENT BY LICENSEE OR AN AUTHORIZED USER, OR UPON ANY ACCESS OR USE OF THE SOFTWARE PRODUCTS NOT PERMITTED BY THIS AGREEMENT; AND (G) WILL BECOME VOID IF THE ALLEGED BREACH IS NOT DULY REPORTED TO CAMPMINDER WITHIN FIFTEEN (15) DAYS AFTER LICENSEE BECOMES AWARE THEREOF. CAMPMINDER’S ENTIRE AND SOLE LIABILITY AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE, AT CAMPMINDER’S OPTION, FOR CAMPMINDER TO CORRECT SUCH NONCONFORMITY BY REPAIR, REPLACEMENT, RECONFIGURATION, OR SUITABLE WORKAROUND, OR TO TERMINATE THIS AGREEMENT AND REFUND THE PORTION OF THE LICENSE FEE ACTUALLY RECEIVED BY CAMPMINDER DIRECTLY RELATING TO THE NONCONFORMING SOFTWARE PRODUCTS IN THE PRIOR TWELVE (12) MONTH PERIOD TO THE CLAIM ARISING.
C. LIMITATION OF LIABILITY
EXCEPT FOR LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT LICENSEE’S PAYMENT OBLIGATIONS UNDER SECTION 1(D) OF THIS AGREEMENT. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO MAINTAIN A STORED BACKUP COPY OF LICENSEE’S DATA IN THE EVENT THAT THE SOFTWARE PRODUCTS ARE RENDERED UNAVAILABLE FOR ANY LENGTH OF TIME.
D. PAYMENT AND TAXES
Licensee shall pay Campminder the amounts (the "License Fee"), and at the times, specified in the Order Form for the licenses granted and other products and services that Campminder may provide from time to time, including the Software Products. The License Fee may increase each year; provided Campminder provides you with at least thirty (30) days prior written notice via email or otherwise of the effective date of such increase. The parties acknowledge and agree that new products, new modules and new versions of the Campminder System shall not be limited by the price increases more specifically described herein. In addition, Licensee shall be responsible for any applicable taxes, including without limitation, any sales, use, levies, duties, excise or any value added or similar taxes ("Taxes") payable with respect to Licensee’s use of the Software Products and other goods and services provided to Licensee that are assessable by any local, state, provincial, federal, or foreign jurisdiction, other than taxes based upon Campminder's net income, assets, payroll, property and employees. Unless expressly specified otherwise in any Order Form, all fees, rates and estimates exclude Taxes. All amounts billed by Campminder are due within 30 days of the invoice date. Without limiting Campminder’s other remedies, if any payment owed by Licensee is unpaid more than 30 days from the invoice date, Campminder may (1) add late fees of 1.5% per month to the amount due, (2) accelerate Licensee’s fee obligations for the remaining term of this Agreement so that all such fees become immediately due and payable, and (3) suspend services, including, but not limited to, access to the Software Products, the Campminder System, the Licensee Data and general support, to Licensee until such amounts are paid in full. BY PROVIDING THE FOREGOING AND SIGNING THIS AGREEMENT AND ASSOCIATED ONBOARDING INFORMATION, LICENSEE, UNLESS OTHERWISE SET FORTH IN AN ORDER FORM, HEREBY AUTHORIZES CAMPMINDER TO WITHDRAW THE APPLICABLE AMOUNTS FROM LICENSEE’S BANK ACCOUNT IN ACCORDANCE WITH THIS AGREEMENT FROM THE EFFECTIVE DATE UNLESS LICENSEE ADVISES CAMPMINDER, IN WRITING WITHIN TEN (10) DAYS AFTER CAMPMINDER PROVIDES WRITTEN NOTICE OF ITS INTENT TO MAKE ANY SUCH WITHDRAWAL, THAT SUCH WITHDRAWAL IS NOT AUTHORIZED AND SETTING FORTH THE APPLICABLE REASONS.
E. TRAINING; CONSULTATION
During the Term, Campminder agrees to provide consultation via telephone and via Campminder’s electronic ticketing system regarding the use of the Campminder System to Authorized Users, at the hours and in the manner specified in Schedule B. Campminder shall use commercially reasonable efforts to respond to Licensee’s requests for assistance with reasonable care and speed. Licensee acknowledges that delays in response time may result from time to time because, among other things, (i) standard and emergency maintenance, (ii) a force majeure event, (iii) additional information is required from Licensee in order for Campminder to provide the information or resolution to address the Licensee request(s) and (iv) higher than expected call volume. Licensee also acknowledges that delays may result due to unforeseen technical and/or personnel problems encountered by Campminder. If Licensee requests additional consultation, Campminder may, but has not obligation to, provide such enhanced consultation at an additional fee in accordance with the Order Form.
F. PROPRIETARY RIGHTS AND LICENSES
Licensee acknowledges that, except for the limited rights and license expressly granted hereunder and the Licensee Data, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Licensee or any third party any intellectual property rights or other right, title, or interest in or to the Software Products, or in and to the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the Campminder System (other than Licensee's trademarks, trade names or proprietary graphics). All right, title, and interest in and to the Software Products, the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the Campminder System and the associated applications (other than Licensee's trademarks, trade names or proprietary graphics) and functionality of the Software Products and all additions, modifications, derivatives, improvements, translations, compilations, thereof and thereto (collectively, "Derivatives") are and shall remain Campminder's sole and exclusive property, and that the Software products shall not be used in any manner except as expressly permitted by this Agreement. In the event Licensee or any third party on its behalf creates, or acquires any right, title or interest in or to, any Derivatives, Licensee hereby grants to CampMinder an exclusive, perpetual, irrevocable, transferable, assignable, fully paid-up, royalty-free, worldwide, unlimited license to, with the right to sublicense (in multiple tiers) and to have others, reproduce, modify, create derivative works based upon, publicly perform, display, and broadcast, sell, distribute, make, import, use and exploit for any purpose (all such actions, “Use”) such Derivatives. Licensee grants to Campminder a world-wide, royalty free, fully paid up, perpetual, irrevocable, assignable, transferable and non-exclusive license to, with the right to sublicense (in multiple tiers) and have others, Use the Licensee Data, as reasonably necessary for Campminder to (i) provide the Software Products and associated services (including access to Third Party Services) in accordance with this Agreement; (ii) evaluate and provide benchmarking, analytics and trends for Licensee and, on an aggregated basis, evaluate and provide trends, analytics, best practices, and benchmarking for Campminder, third parties and its other customers; (iii) improve the Software Products and associated services, and (iv) in connection with the analysis and monitoring of Licensee's and its Authorized Users' use of the Software Products and in connection with the legitimate, non-commercial business and information security operations of Campminder. Licensee grants to Campminder and its affiliates a world-wide, royalty free, fully paid-up, perpetual, irrevocable, and non-exclusive license to, with the right to sublicense (in multiple tiers) and have others, Use any suggestion, enhancement request, recommendation, correction or other feedback provided by Licensee or its Authorized Users relating to the operation of the Software Products, the Campminder System or Campminder’s services.
G. CONFIDENTIALITY OF INFORMATION
A Party that receives Confidential Information ("Receiving Party") disclosed by the other party ("Disclosing Party") agrees to keep such information confidential, and shall use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (and at least reasonable care) to (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and the licenses granted herein, and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
H. COMPLIANCE WITH LAWS AND REGULATIONS
Licensee shall comply with all applicable laws and regulations in connection with this Agreement and its access and use of the Software Products, including, without limitation, as to disclosure or use of all Licensee Data and all other information and materials which Campminder obtains on behalf of Licensee or Licensee’s campers, parents, staff, customers, event attendees and/or affiliated persons and entities.
I. PRIVACY AND DATA SECURITY
During the term of this Agreement, Campminder may receive or have access to Personal Data of Licensee. Campminder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for Campminder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee.
In the event the Parties must enter into any agreement or additional provisions to maintain compliance with any applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to Campminder, and will promptly advise Campminder if Licensee becomes or provides any information subject to HIPAA.
Campminder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by Campminder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then Campminder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
J. THIRD PARTY SERVICES
Licensee or its Authorized Users may use the Software Products to obtain one or more Third Party Services from providers that Campminder retains from time to time to provide that Third Party Service (each a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants Campminder permission to allow the Third Party Provider to access Licensee’s Data as required for the operation of that Third Party Service with the Software Products.
Campminder does not guarantee or warrant the continued availability of any Software Products features designed to operate with Third Party Services. Campminder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, including, without limitation, if the Third Party Provider ceases to make the Third Party Service available for operation with the Software Products in a manner acceptable to Campminder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE OPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE OPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by Campminder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES OR THE OPERATION OF SUCH THIRD PARTY SERVICES WITH THE SOFTWARE PRODUCTS. Without limiting the preceding sentence, Campminder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider or any associated liabilities, claims or damages. Licensee shall comply with the terms of service of any Third Party Service and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES.
If Licensee uses any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or Campminder to share Personal Data, which would specifically include, but not be limited to, biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
K. INDEMNIFICATION BY LICENSEE
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, LIABILITIES, CAUSES OF ACTION, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES), ARISING FROM, CAUSED BY OR RELATING TO (I) ANY BREACH OF THIS AGREEMENT BY LICENSEE OR ITS AUTHORIZED USERS; (II) ANY VIOLATION OF LAW OR OTHER OBLIGATION, INCLUDING ANY DATA PROTECTION LAWS AND OBLIGATIONS RELATING TO PERSONAL DATA, BY (a) LICENSEE OR ITS EMPLOYEES CONTRACTORS OR AGENTS, OR (b) CAMPMINDER, ITS EMPLOYEES, CONTRACTORS OR AGENTS WHEN ACTING IN ACCORDANCE WITH THE INSTRUCTIONS OF LICENSEE, ITS EMPLOYEES, CONTRACTORS OR AGENTS, OR PROCESSING PERSONAL DATA IN ACCORANCE WITH THIS AGREEMENT; (III) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LICENSEE; (IV) USE OF THE SOFTWARE PRODUCTS IN A MANNER NOT AUTHORIZED BY THIS AGREEMENT; (V) USE OF THE SOFTWARE PRODUCTS IN COMBINATION WITH DATA, SOFTWARE, HARDWARE, EQUIPMENT OR TECHNOLOGY NOT PROVIDED BY CAMPMINDER OR AUTHORIZED BY CAMPMINDER IN WRITING; (VI) PROCESSING OR USE OF ANY INFORMATION, INCLUDING WITHOUT LIMITATION PERSONAL DATA, STORED ON, OBTAINED FROM OR VIA, THE SOFTWARE PRODUCTS, WHETHER BY LICENSEE, ANY OF ITS AUTHORIZED USERS, OR ANY THIRD PARTY ACTING ON BEHALF OF OR WHICH OBTAINED ACCESS TO THE INFORMATION BY THE FOREGOING, INCLUDING, WITHOUT LIMITATION, USE OR DISCLOSURE OF BACKGROUND SEARCH INFORMATION PROVIDED BY CAMPMINDER; (VII) LICENSEE'S PRODUCTS, SERVICES, AND BUSINESS PRACTICES; (VIII) SURCHARGES CHARGED BY LICENSEE; OR (IX) MODIFICATIONS TO THE SOFTWARE OR SUBSCRIPTION NOT MADE BY CAMPMINDER.
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2. MISCELLANEOUS
A. BINDING EFFECT; ASSIGNMENT
This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person, other than the parties hereto and the indemnified parties, any rights, benefits or remedies of any nature whatsoever under this Agreement, and no other person shall be deemed a third-party beneficiary under this Agreement. Licensee shall not sell, transfer, lease, sublicense, assign, pledge, mortgage or otherwise dispose of any of the rights, privileges, duties, and obligations granted or imposed hereunder without Campminder’s prior consent. Notwithstanding anything to the contrary contained herein, Campminder may freely assign this Agreement, including, but not limited to any affiliate or subsidiary or to a third party pursuant to any acquisition, merger or change of control of Campminder.
B. ENTIRE AGREEMENT; SURVIVAL; AMENDMENT; WAIVER
This Agreement constitutes the entire agreement between Campminder and Licensee and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter hereof expressly including any license agreement between the parties. The provisions of the following sections, and the applicable schedules referred to therein, will survive the termination or expiration of this Agreement for any reason: The Preamble (introduction) paragraphs and Sections 1(A)(2)-(5), 1(B), 1(C), 1(D), 1(G), 1(H), 1(I), 1(J) and 1(K) of this Agreement, and all of Section 2 except for Sections 2(C) and 2(F) of this Agreement. Unless otherwise expressly provided in this Agreement, no delay or omission on the part of any party in exercising any right or privilege under this Agreement shall operate as a waiver thereof, nor shall any waiver on the part of any party in exercising any right or privilege under this Agreement operate as a waiver of any other right or privilege under this Agreement nor shall any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under this Agreement. Notwithstanding anything to the contrary contained herein, Campminder reserves the right, in its sole discretion to make any changes to the Campminder System, Software Products or associated services (including Third Party Services) that it deems necessary or useful, including but not limited to: (a) maintain or enhance: (i) the quality or delivery of the Software Products to its customers; (ii) the competitive strength of or market for the Software Products; or (iii) the Software Products cost efficiency or performance; or (b) to comply with applicable laws or regulations.
C. TERM OF THIS AGREEMENT
Unless otherwise specified in the applicable Order Form, this Agreement has an initial term of one year (the "Initial Term") and, following the Initial Term, shall automatically renew each year on the anniversary of the Effective Date (the “Anniversary Date”) for successive one (1) year periods unless terminated by either party on written notice at least ninety (90) days prior to an Anniversary Date (the “Term”). Other than as set forth in Sections 2(C) and 2(E) of this Agreement, this Agreement may not be terminated prior to the end of the Term. Upon the termination of this Agreement for any reason, Campminder will not provide any refunds of prepaid fees or unused License Fees, and Licensee will promptly pay all unpaid Fees or other charges due under all active Order Forms through the end of the Initial Term or any current Term. For CampInTouch Summer Services and Third Party Services, this includes the amount Campminder derived from the cancelled services in the prior camp season multiplied by the number of years remaining in the then-active term.
For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 of any subsequent year that it desires for the CampInTouch Summer Services contract to terminate. Notwithstanding anything to the contrary contained herein, Campminder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 of any subsequent year that it desires for the CampInTouch Summer Services contract to terminate. Notwithstanding anything to the contrary contained herein, Campminder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
D. GOVERNING LAW
This Agreement, the subject matter thereof, and any disputes related to the foregoing, shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Each of the parties irrevocably and unconditionally agrees that any legal proceeding arising under or in connection with this Agreement except those seeking injunctive relief shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Licensee has read and understood this Agreement and has had the opportunity to consult with an attorney to the extent Licensee has deemed advisable. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
E. TERMINATION OF THIS AGREEMENT AND THE LICENSES GRANTED UNDER THIS AGREEMENT
Upon any material breach by Licensee, including, but not limited to, any breach of the restrictions on Software Products use contained herein, Campminder may terminate this Agreement and the license granted hereunder, or suspend Campminder’s services to Licensee until such breach is cured. Termination or suspension will not be exclusive of any other remedy available under this Agreement or applicable law. Upon termination of this Agreement for any reason whatsoever, (i) the license and right granted Licensee shall immediately cease and terminate, including all access to the Campminder System, (ii) Licensee shall immediately cease use of the Campminder System and Software Products and (iii) Licensee shall immediately make any payments due to Campminder. If this Agreement is terminated by Campminder in accordance with Section 2(E) of this Agreement, Licensee shall immediately pay any unpaid Fees covering the remainder of the Term of this Agreement. In no event will termination relieve Licensee of Licensee's obligation to pay an Fees payable to Campminder for the period prior to the effective date of termination.
F. TRIAL PERIOD; REFUNDS
During the first ninety (90) days after the Effective Date of your original master license agreement with Campminder (the “Trial Period”), Licensee may terminate this Agreement and receive a refund, upon notice to Campminder specifying the circumstances with as much detail as practical. Except as described in this Section 2(F) , the license fee is nonrefundable.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DURING THE TRIAL PERIOD THE SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
If this Agreement is terminated by Licensee during the Trial Period, Campminder shall refund in full the license fees paid under this Agreement. If this Agreement is terminated by Campminder in accordance with Section 2(E), Licensee shall immediately pay any unpaid fees covering the remainder of the term of this Agreement. In no event will termination relieve Licensee of Licensee’s obligation to pay any fees payable to Campminder for the period prior to the effective date of termination.
G. EFFECT OFOUTAGES AND ALTERNATIVE ACCESS
In the event of a failure or malfunction of the Campminder site for a continuous period of seventy-two hours or more such that Licensee cannot access Campminder for the purposes delineated herein (an “outage”), Campminder will use commercially reasonable efforts to provide alternative access to the Campminder System and Licensee Data. These steps may include, at Campminder’s option, using a different Internet host, data center or bandwidth provider. Notwithstanding anything contained herein to the contrary, Campminder shall not be liable for any delay or failure to perform its obligations due to and outage or to circumstances beyond Campminder's control, such circumstances to include, without limitation, natural disasters; terrorism; labor disputes; war; declaration of governments; transportation delays; data center, computer and/or network failures; power outages; acts of civil or military authorities; interruptions in third-party telecommunications or internet equipment or service; introduction of viruses, worms, time bombs or Trojan horses to the Campminder System, site or Software Products; acts of God; pandemic; epidemic; or misuse of the Campminder System or the Software Products by Licensee.
H. NOTICES
Any notices or other communications required or permitted hereunder shall be in writing and shall be sufficiently given if sent by overnight mail, registered mail or certified mail, postage prepaid, return receipt registered or by hand, to the parties at the addresses set forth above or such other address as either party provides with reasonable advance notice, and shall be effective upon delivery. In the event that Licensee’s address for notice changes during the Term, Licensee shall promptly provide Campminder with such new address in accordance with this Section 2(H) of this Agreement.
I. SEVERABILITY
If any provision of this Agreement shall be held invalid, illegal, unenforceable or void, such invalidity, illegality, unenforceability, or voidability will not affect any other terms or provision of this Agreement or Order Form or invalidate or render unenforceable such term or provision in any other jurisdiction and further a suitable and equitable provision shall be substituted therefore in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
J. USE OF LICENSEE NAME
Campminder shall be permitted to use Licensee’s name, and to generally disclose the services provided to Licensee hereunder, provided that Campminder does not disclose any Confidential Information relating to Licensee or its operations.
K. MERCHANT PROCESSING; CREDIT CARD DATA
During the term hereof, Campminder agrees to maintain Payment Card Industry Data Security Standards ("PCI Standards") compliance to the extent required by law in order to provide the services described under this Section 2(K) of this Agreement. Licensee is responsible for its individual PCI Standards compliance and annual validation to its credit card services provider. Except for data collected through (i) Campminder (or its affiliate or subsidiary), (ii) the merchant processing partner designated by Campminder, or (iii) in explicitly designated, PCI Standards compliant sections of the Software Products, Licensee shall not use the Software Products to collect or store credit card or bank account information of its users.
1. USE OF DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through Campminder, then Licensee shall do so by entering into a separate agreement with either (i) Campminder (or its affiliate or subsidiary) or (ii) the merchant processing partner designated by Campminder, which agreement shall contain such terms and conditions as Licensee and either (i) Campminder (or its affiliate or subsidiary) or (ii) such merchant processing partner agree upon from time to time, and provided further, if Licensee makes such election under this Section 2(K)(1), Licensee hereby authorizes Campminder to access and use the Licensee Data, including Licensee’s transaction records, statements, notices and other merchant processing data in the merchant processing partner’s back office platform and administrative and reporting tools and systems. Fees charged by payment processing providers may change from time to time upon thirty (30) days prior written notice. Licensee acknowledges and agrees that the merchant processing partner and merchant bank for the processing of credit card payments or ACH e-check payments are not affiliated with Campminder, have been designated by Campminder for the convenience of the Licensee, and Campminder shall have no liability or obligation with respect to the actions or failure to act of such merchant processing partner and merchant bank, and the breach or violation by such parties of any agreement with Licensee or Campminder, or their violation of any applicable state or federal laws, rules, or regulations (including, without limitation, PCI Standards).
2. USE OF NON-DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee desires to process credit card payments or ACH e-check payments through the Software Products but not through a merchant processing partner designated by Campminder (“Non-Designated Processing Provider”), then Licensee must get written consent from Campminder, which consent may be withheld in Campminder’s sole discretion. Provided that Licensee obtains such consent from Campminder, then Licensee may select such Non-Designated Processing Provider and process payments through such Non-Designated Processing Provider; provided Licensee enters into a separate agreement with such Non-Designated Processing Provider which agreement shall contain any and all such terms and conditions for the provision of credit card processing as Licensee and such Non-Designated Processing Provider agree upon from time to time.
In exchange for Campminder permitting the Licensee to utilize the Software Products with a Non-Designated Processing Provider, Licensee shall pay Campminder a fee (“Non-Designated Processor Fee”) which Non-Designated Processor Fee shall be a percentage of every dollar processed through the Non-Designated Processing Provider via the Software Products. At the end of each month, Campminder will invoice Licensee the Non-Designated Processor Fee as determined by the dollars processed through the Non-Designated Processing Provider each month. Campminder reserves the right to increase the Non-Designated Processor Fee in its sole discretion effective upon 30 days prior written notice (email sufficient) to Licensee. Licensee acknowledges and agrees that Campminder shall have no liability or obligation with respect to the actions or failure to act of such Non-Designated Processing Provider and any merchant bank associated with it, and the breach or violation by such parties of any agreement with Licensee or Campminder, or their violation of any applicable state or federal laws, rules, or regulations (including, without limitation, PCI Standards).
3. SURCHARGE PROGRAM
If Licensee elects to charge a fee to one of its current or prospective customers for paying Licensee with a credit card (“Surcharge Program”), Licensee agrees to the following terms and conditions:
A.Compliance. Licensee’s participation in the Surcharge Program and all amounts charged by Licensee shall be in accordance with card network rules and applicable state and federal law, including without limitation regarding the amount of the surcharge, notification to Licensee’s acquiring bank and the card brands, disclosures to consumers, that the surcharge amount is not charged separately, that the cardholder has the opportunity to cancel the transaction after the disclosures are made, and that surcharges will not be imposed on debit or prepaid card transactions. Licensee shall comply with, and shall be solely responsible for, all of the following (each of which as amended from time to time by relevant authority): (a) federal, state, and local laws and regulations; and (b) rules promulgated by any regulatory authority or any payment card network. Licensee shall not charge a surcharge in any jurisdiction in which such fee is prohibited. LICENSEE SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS WITH RESPECT TO THE SURCHARGE PROGRAM IN ACCORDANCE WITH SECTION 1(K) ABOVE.
b.Disclaimer and Limitations of Liability. Campminder makes no warranty of any kind, express or implied, related to the Surcharge Program or CampMinder’s participation in any Surcharge Program, and Campminder expressly disclaims any and all representations and warranties, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, availability, legal compliance, and non-infringement. Licensee acknowledges and agrees that it assumes all risk with respect to any Surcharge Program and its business practices, and that it is responsible to ensure that it is compliant with all laws, regulations, rules, and industry standards applicable to any surcharge activity. Campminder will not be liable for any direct, indirect, incidental special, or consequential damages, however arising, even if Campminder has been advised of the possibility of such damages.
L. COUNTERPARTS
This Agreement may be executed by electronic signature, pdf or other electronic means in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument binding on the parties.
SCHEDULE A
BACKGROUND SEARCH SERVICES
Campminder may provide Licensee with the option of obtaining certain background check services selected from the options set forth in the applicable Software Product module from time to time (the “Services”). As a precondition to obtaining the Services, Licensee agrees to the terms and conditions set forth in (i) this Agreement including, in particular, this Schedule A, which incorporates the other provisions of this Agreement, except to the extent they conflict with this Schedule, and (ii) any “end user certification” and/or other documentation required by the background check fulfillment company that Campminder retains from time to time to provide the Services (the “Background Check Provider”). For these Services, Licensee agrees to pay the amount specified in the "check out window" from time to time, plus any additional fees incurred as a result of an automatically triggered additional search, as described in the checkout process. The provisions of this Schedule A shall control in the event of any conflict with any other provision of this Agreement, including the Schedules thereto.
1. WARRANTIES AND DISCLAIMER OF WARRANTIES REGARDING THE SERVICES.
Campminder warrants that Campminder will accurately communicate Licensee’s order to the Background Check Provider and will use commercially reasonable efforts to communicate the results provided within seven (7) business days of receiving them from the Background Check Provider. The warranty set forth in this section will become void unless Licensee reports any deficiencies in the Services provided under this Schedule A to Campminder in writing, within twenty-one (21) days after the performance of the Services.
Campminder’s entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at Campminder’s sole option, for Campminder to either (i) correct such nonconformity by re-performance of the Services found to be deficient, or (ii) refund the fees actually received by Campminder with respect to the deficient Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO THE BACKGROUND CHECK PROVIDER FOR PERFORMANCE OF THE SERVICES. CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY SUCH BACKGROUND CHECK PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. FURTHER, BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
CAMPMINDER MAKES NO REPRESENTATION THAT THE INFORMATION RETRIEVED FROM GOVERNMENTAL AND OTHER DATABASES AND REPORTED TO LICENSEE IN CONNECTION WITH THE SERVICES IS TRUE, CORRECT OR COMPLETE.
2. LIMITATION OF LIABILITY WITH RESPECT TO THE SERVICES.
Licensee acknowledges and agrees that it is Licensee’s exclusive responsibility to use the background search information provided by Campminder or the Background Check Provider in accordance with all applicable employment and other laws and that Campminder shall have no liability or responsibility related to or arising from Licensee’s illegal, unauthorized or improper use or disclosure of any background search information provided by Campminder or the Background Check Provider to Licensee.
EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE OR INTERNATIONAL DATA PROTECTION LAWS, CAMPMINDER’S AGGREGATE LIABILITY FOR ANY COSTS OR DAMAGES ARISING FROM ANY FAILURE OF CAMPMINDER TO CORRECTLY PROVIDE THE RESULTS OF THE RELEVANT SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR SUCH SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM ARISING. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE LAWS, IN NO EVENT SHALL CAMPMINDER BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE BACKGROUND SEARCH SERVICES OR THE INFORMATION PROVIDED BY CAMPMINDER TO LICENSEE.
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS WITH RESPECT TO BACKGROUND SEARCH SERVICES IN ACCORDANCE WITH SECTION 1(K) ABOVE.
SCHEDULE B
GENERAL SUPPORT AND CONSULTATION POLICIES
This Schedule B is part of, and incorporates the other provisions of this Agreement.
During the Term, Campminder will use commercially reasonable efforts to provide support and consultation by telephone and by Campminder’s electronic ticketing system to Licensee and Authorized Users in accordance with the following:
- Electronic Ticketing System Support – This is the most efficient way to submit and track support issues. Campminder strongly encourages Administrative Users to initiate all support requests through the Campminder Electronic Ticketing System. Electronic support is offered to all Authorized Users.
- Telephone Consultation - Campminder also provides Telephone Consultation to help resolve support issues. Telephone support is offered to Administrative Users.
The days and hours of operation for the above support and consultation can be found at https://legal.campminder.com.
Training
Campminder provides one training session for each Software Product module licensed to Licensee hereunder at no additional cost and in accordance with the training policies and procedures set forth at (https://legal.campminder.com) (“Training Policies and Procedures”). Training sessions are scheduled at mutually convenient times during Phone Support Hours. Each training session covers one or more specific Software Product modules and shall be conducted in accordance with the Training Policies and Procedures. Licensee will designate one Administrative User to act as a single point of contact as a training coordinator (the “Specialist”) for the Licensee. The Specialist is obligated to ensure that all training sessions are attended by the Licensee organization member deemed most appropriate to receive the training on the Software Product module. The same Administrative User may act as the designated Licensee member for multiple Software Product modules. Licensee acknowledges and agrees that any additional trainings beyond the initial training per Software Product module or for which Licensee does not adhere to the Training Policies and Procedures shall be provided at a rate of $165 per hour with a one hour minimum and which rates are subject to change from time to time. Licensee may designate one or more replacement Specialists in writing from time to time. Licensee agrees that all questions pertaining to a Software Product module shall initially be routed to the Specialist assigned to that particular Software Product module prior to contacting Campminder support.
Effective May 31st 2023 to March 7th 2024
DownloadTable of Contents
THIS MASTER LICENSE AGREEMENT ("AGREEMENT") GOVERNS THE USE OF AND ACCESS TO AND OF THE SOFTWARE PRODUCTS AND SERVICES, INFORMATION AND MATERIALS PROVIDED OR MADE AVAILABLE BY CAMPMINDER, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("CAMPMINDER"), WHETHER IN CONNECTION WITH A SERVICE PLAN (AS DEFINED IN THE ORDER FORM) OR A FREE TRIAL OF THE SERVICES. This Agreement is effective as of the date the user ("Licensee" or "you") accepts it (the “Effective Date”). Individuals accepting this Agreement on behalf of their employer or another entity represent and warrant that: (i) they have full legal authority to bind their employer, or the applicable entity, to these terms and conditions; (ii) they have read and understand this Agreement; (iii) they agree, on behalf of the party that they represent to the terms of this Agreement, and (iv) they are at least 18 years of age.
YOU AGREE CAMPMINDER MAY MODIFY OR AMEND THIS AGREEMENT AT ANY TIME BY POSTING THE UPDATED AGREEMENT ON ITS SITE OR SENDING YOU THE UPDATED VERSION. WE ENCOURAGE YOU TO CHECK REGULARLY FOR UPDATES AT HTTPS://LEGAL.CAMPMINDER.COM/MLA/. CHANGES WILL BECOME EFFECTIVE 10 DAYS AFTER THEY ARE POSTED. HOWEVER, CHANGES ADDRESSING NEW FUNCTIONS FOR A SERVICE OR MADE FOR LEGAL OR REGULATORY REASONS WILL BE EFFECTIVE IMMEDIATELY. IF YOU DON’T AGREE TO ANY MODIFIED OR AMENDED TERMS IN THE AGREEMENT, YOU MUST STOP USING THE SERVICES. YOUR CONTINUED USE OF THE SOFTWARE PRODUCTS AFTER THE EFFECTIVE DATE OF ANY CHANGES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY SUCH CHANGES.
OVERVIEW
Campminder desires to provide online access to certain of its proprietary Software Products to Licensee, and Licensee desires to access the Campminder proprietary Software Products, subject to the terms and conditions of this Agreement. The intended use of the Software Products is to help manage and administer Licensee’s own business.
DEFINITIONS
“Administrative User” shall mean an individual who is currently or proposed to be employed or retained by Licensee and designated by Licensee to manage and maintain the Licensee Data or perform other actions on behalf of Licensee for Licensee's internal business purposes, using the Software Products and services and the Campminder System.
"Authorized User" shall mean an individual who is either an Administrative User or a Community User. No one other than an Authorized User may access and use the Software Products.
“Community User” (formerly a "CampInTouch User") shall mean an individual who is a current, former or prospective staff member of Licensee, current or former event attendee of Licensee ("Attendee"), current or former camper of Licensee, or a parent, guest, legal guardian, or caregiver thereof, who is authorized under this Agreement to use the Software Products.
"Campminder System" shall mean the Software Products developed, deployed and delivered by Campminder, including, among other things, the underlying software and applications.
“Confidential Information” means all trade secrets, business and financial information, software, machine and operator instructions, business methods, procedures, know-how, documentation and technical information, and other information that relates to the business or technology of either party and is marked or identified as confidential or disclosed in circumstances that would lead a reasonable person to believe such information is confidential. Licensee's Confidential Information includes Licensee Data; Campminder's Confidential Information includes the Campminder System and the Software Products and all documentation or technical information relating to the same; and Confidential Information of each party includes the terms of this Agreement (including pricing). Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) is received from a third party, or known to the Receiving Party prior to its disclosure by the Disclosing Party, or (c) was independently developed by the Receiving Party.
“Data Protection Law” means all federal, state, local and foreign laws, statutes, regulations, rules, and official guidance applicable to the protection of Personal Data under this Agreement in all relevant jurisdictions.
“Licensee Data” shall mean all data (including but not limited to Personal Data) imported into the Campminder System or input into the Campminder System by Authorized Users of the Software Products.
“Order Form” shall mean the Campminder order form(s) that sets forth the Software Products, pricing information, payment information and such other terms and conditions, attached hereto and incorporated herein by this reference, and shall be subject to and governed by the terms and conditions of this Agreement. Unless otherwise terminated pursuant to this Agreement, each Order Form shall remain in full force and effect unless and until Licensee signs a new Order Form that specifically replaces such prior Order Form. Notwithstanding anything to the contrary contained herein, if Licensee has not signed an Order Form in connection with this Agreement related to its Software Products, pricing or payment terms and rather has signed a previous agreement with Campminder that includes a Schedule A (“Schedule A”) setting forth the Software Products and a Schedule E as amended with any price increases from time to time (“Scheduled E”) setting forth the pricing, payment terms and other terms and conditions, then the Licensee’s Schedule A and Schedule E shall remain in full force and effect and be deemed the Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth the Software Products and pricing, payment and other terms. Notwithstanding anything to the contrary contained herein, if Licensee has not signed an Order Form for Campminder’s photo, news, camper communication, and/or video system (“Summer Services”) in connection with this Agreement and rather has signed a previous agreement with Campminder that includes a Schedule E-1 or an Addendum (“Summer Services Schedule”) setting forth the Summer Services, pricing, payment and other related terms, then the Licensee’s Summer Services Schedule shall remain in full force and effect and be deemed to be included in the definition of Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth or replaces the Summer Services.
“Personal Data” means all information that Campminder receives from Licensee or Authorized Users in the course of this Agreement that identifies or can be used to identify any specific individual or otherwise concerns the personal circumstances of an identified individual and accordingly is protected under Data Protection Law. Personal Data includes without limitation “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), “Personal Data” as defined in Regulation (EU) 2016/679 (together with any national implementations thereof, “GDPR”), and “personal information” as defined under the Massachusetts Standards for the Protection of Personal Data of Residents of the Commonwealth (201 CMR 17.01 et seq.), and "personal information" as defined in the California Consumer Privacy Act of 2018.
“Software Products” shall refer to the software, including, without limitations, modules and accompanying graphical user interfaces, application user interfaces, software development kits, or other software and related materials described in the Order Form to this Agreement or otherwise offered, provided or made available by Campminder or any third party on its behalf, or in connection with this Agreement, and all updates and modifications thereto, whether offered as a service over the internet, as a downloadable copy, or otherwise.
“Third Party Service” shall mean a third party (e.g., non Campminder) product or service that interoperates with the Software Products and that Licensee or its Authorized Users may access in connection with using the Software Products, including by way of example and not limitation credit card, transaction and merchant processing (including but not limited to the services described in Section 2(K) of this Agreement), API access or background check services.
TERMS AND CONDITIONS
1. GRANT OF LICENSES AND RELATED RIGHTS
A. SCOPE OF LICENSES
1. GENERALLY
During the Term and subject to and conditioned upon Licensee's payment of Fees and compliance with all other terms and conditions of the Agreement, Campminder grants to Licensee, and Licensee accepts, a non-exclusive, revocable, nontransferable, non-sublicensable, limited right and license to access and use the Software Product modules specified in the applicable Order Form(s) solely for Licensee's own business purposes. Licensee shall prevent any unauthorized access to or use of the Software Products, and notify Campminder promptly of any such unauthorized access or use.
2. YOUR DATA; HOW CAMPMINDER MAY USE YOUR DATA
Except as otherwise agreed upon by Licensee and Campminder or set forth in this Agreement, as between Campminder and Licensee, all data input into the Campminder System by an Authorized User is considered Licensee Data owned by Licensee.
Campminder agrees that it will use commercially reasonable efforts to back-up Licensee’s Data in accordance with Campminder’s then current data backup policy. Licensee is solely responsible for the accuracy, quality and legality of Licensee Data and the means by which Licensee acquired the Licensee Data. Licensee may designate one or more Administrative Users who shall have limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting their use and disclosure of Confidential Information, including, but not limited to Licensee Data.
3. AUTHORIZED USERS TO ACCESS AND USE OUR SOFTWARE PRODUCTS
To access and use the Software Products, one must be an Authorized User. Each Authorized User shall be assigned a unique identifier to access the Software products (a "Login ID"). Licensee must protect and ensure the confidential nature of each Authorized User’s Login ID and password, as well as the Licensee Data. Licensee is solely responsible and liable for all uses of the Software Products, Licensee Data, and applicable documentation resulting from access provided by Licensee to any Authorized User or third party, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Campminder shall to require that each Authorized User contractually agrees to certain provisions as a precondition to use of the Campminder System, which provisions may be modified and supplemented from time to time, including without limitation, the then-current version of the Campminder Terms of Use (available at: https://legal.campminder.com/terms-of-service/) and the Campminder Privacy Policy (available at https://legal.campminder.com/privacy-policy/). Campminder reserves the right to terminate any Authorized User's use or access of the Software Products or Campminder Confidential Information in its sole discretion.
4. ACTS REGARDING OUR SOFTWARE PRODUCTS THAT ARE NOT PERMITTED
Licensee shall not, nor shall it permit any Authorized User or any other individual or entity to: (a) use or access the Software Products except as expressly permitted by this Agreement; (b) disassemble, decompile, or decrypt any applications, software, source code, or other computer language that provides or helps to provide functionality (including query results) in the Software Products, or that otherwise powers or comprises the Software Products; (c) remove, alter, cover, or obscure the copyright or other proprietary notices appearing in the Software Products; (d) alter, modify, or prepare derivative works based on any software or application accessible through the Software Products; (e) sell, license, rent or otherwise make available the Software Products or a Third Party Service to, or use any part of the Software Products or a Third Party Service for the benefit of, anyone other than Licensee or Authorized Users; (f) use the Software Products or a Third Party Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (g) use the Software Products or a Third Party Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; (h) use the Software Products or applicable documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, (i) interfere with or disrupt the integrity or performance of the Software Products or third-party data contained therein; (j) attempt to gain unauthorized access to the Software Products or its related systems; (k) access the Software Products in order to build or assist in building a competitive service or to benchmark with a non-Campminder service; (l) reverse engineer the Software Products; or (m) share credentials with or provide access to the Campminder System to users that are not Authorized Users.
5. ACCESS TO AND USE OF OUR APIs
Access and use of any application program interface (API), API specifications, and related software, information and materials which CampMinder may make available is governed by the CampMinder API License Terms, available at https://Legal.Campminder.com/APILicenseAgreement/. The API License Terms apply in addition to the terms of this Agreement. Unless expressly stated in this Agreement or the API License Terms, in the event of any contradiction between the API License Terms and this Agreement, the API License Terms shall prevail solely to the extent necessary to resolve the contradiction.
6. ACCESS TO AND USE OF ADDITIONAL SERVICES
Certain features, services, or Software Products may be governed by supplemental agreements and licenses that reference this Agreement (“Product Terms”). You may enter into these Product Terms as part of an Order Form or through you or your Authorized Users agreement to such terms with the Software Products. You agree to comply with all Product Terms applicable to the Software Products you purchase. The Product Terms will control to the extent of any inconsistency with this Agreement, except as otherwise specified in the Product Terms.
B. CAMPMINDER'S WARRANTIES TO YOU AND CERTAIN DISCLAIMERS
Campminder warrants that the Software Products will perform substantially in accordance with the applicable and then-current Campminder documentation for the respective Software Products. THIS WARRANTY IS THE ONLY WARRANTY MADE BY CAMPMINDER WITH RESPECT TO THE CAMPMINDER SYSTEM OR THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 1(B) OF THIS AGREEMENT, THE CAMPMINDER SYSTEM IS PROVIDED "AS-IS" AND CAMPMINDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THIS WARRANTY: (A) IS CONTINGENT UPON LICENSEE’S USE OF THE SOFTWARE PRODUCTS IN COMPLIANCE WITH THE TERMS OF THIS AGREEMENT; (B) DOES NOT GUARANTEE ACCESS, USE, EXECUTION OR OPERATION OF THE SOFTWARE PRODUCTS WITHOUT INTERRUPTIONS, BUGS, OR ERRORS, OR THAT ERRORS WILL BE CORRECTED; (C) DOES NOT COVER ANY BREACHES TO THE EXTENT CAUSED BY THIRD PARTY HOSTING , INTERNET, OR OTHER THIRD PARTY SERVICE PROVIDERS OUTSIDE THE CONTROL OF CAMPMINDER; (D) DOES NOT APPLY TO LICENSEE DATA OR TO DATA (INCLUDING PERSONAL DATA) TO THE EXTENT THE INPUT, OUTPUT, ACCURACY, AND/OR SUITABILITY OF WHICH ARE MADE BY, OR UNDER CONTROL OF, LICENSEE OR AN AUTHORIZED USER; (E) DOES NOT GUARANTEE THAT THE SOFTWARE PRODUCTS AND/OR THE RELATED APPLICATIONS WILL MEET LICENSEE’S REQUIREMENTS OR OPERATE IN THE COMBINATIONS LICENSEE MAY SELECT OR USE; (F) IS VOID UPON ANY MATERIAL BREACH OF THIS AGREEMENT BY LICENSEE OR AN AUTHORIZED USER, OR UPON ANY ACCESS OR USE OF THE SOFTWARE PRODUCTS NOT PERMITTED BY THIS AGREEMENT; AND (G) WILL BECOME VOID IF THE ALLEGED BREACH IS NOT DULY REPORTED TO CAMPMINDER WITHIN FIFTEEN (15) DAYS AFTER LICENSEE BECOMES AWARE THEREOF. CAMPMINDER’S ENTIRE AND SOLE LIABILITY AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE, AT CAMPMINDER’S OPTION, FOR CAMPMINDER TO CORRECT SUCH NONCONFORMITY BY REPAIR, REPLACEMENT, RECONFIGURATION, OR SUITABLE WORKAROUND, OR TO TERMINATE THIS AGREEMENT AND REFUND THE PORTION OF THE LICENSE FEE ACTUALLY RECEIVED BY CAMPMINDER DIRECTLY RELATING TO THE NONCONFORMING SOFTWARE PRODUCTS IN THE PRIOR TWELVE (12) MONTH PERIOD TO THE CLAIM ARISING.
C. LIMITATION OF LIABILITY
EXCEPT FOR LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT LICENSEE’S PAYMENT OBLIGATIONS UNDER SECTION 1(D) OF THIS AGREEMENT. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO MAINTAIN A STORED BACKUP COPY OF LICENSEE’S DATA IN THE EVENT THAT THE SOFTWARE PRODUCTS ARE RENDERED UNAVAILABLE FOR ANY LENGTH OF TIME.
D. PAYMENT AND TAXES
Licensee shall pay Campminder the amounts (the "License Fee"), and at the times, specified in the Order Form for the licenses granted and other products and services that Campminder may provide from time to time, including the Software Products. The License Fee may increase each year; provided Campminder provides you with at least thirty (30) days prior written notice via email or otherwise of the effective date of such increase. The parties acknowledge and agree that new products, new modules and new versions of the Campminder System shall not be limited by the price increases more specifically described herein. In addition, Licensee shall be responsible for any applicable taxes, including without limitation, any sales, use, levies, duties, excise or any value added or similar taxes ("Taxes") payable with respect to Licensee’s use of the Software Products and other goods and services provided to Licensee that are assessable by any local, state, provincial, federal, or foreign jurisdiction, other than taxes based upon Campminder's net income, assets, payroll, property and employees. Unless expressly specified otherwise in any Order Form, all fees, rates and estimates exclude Taxes. All amounts billed by Campminder are due within 30 days of the invoice date. Without limiting Campminder’s other remedies, if any payment owed by Licensee is unpaid more than 30 days from the invoice date, Campminder may (1) add late fees of 1.5% per month to the amount due, (2) accelerate Licensee’s fee obligations for the remaining term of this Agreement so that all such fees become immediately due and payable, and (3) suspend services, including, but not limited to, access to the Software Products, the Campminder System, the Licensee Data and general support, to Licensee until such amounts are paid in full. BY PROVIDING THE FOREGOING AND SIGNING THIS AGREEMENT AND ASSOCIATED ONBOARDING INFORMATION, LICENSEE, UNLESS OTHERWISE SET FORTH IN AN ORDER FORM, HEREBY AUTHORIZES CAMPMINDER TO WITHDRAW THE APPLICABLE AMOUNTS FROM LICENSEE’S BANK ACCOUNT IN ACCORDANCE WITH THIS AGREEMENT FROM THE EFFECTIVE DATE UNLESS LICENSEE ADVISES CAMPMINDER, IN WRITING WITHIN TEN (10) DAYS AFTER CAMPMINDER PROVIDES WRITTEN NOTICE OF ITS INTENT TO MAKE ANY SUCH WITHDRAWAL, THAT SUCH WITHDRAWAL IS NOT AUTHORIZED AND SETTING FORTH THE APPLICABLE REASONS.
E. TRAINING; CONSULTATION
During the Term, Campminder agrees to provide consultation via telephone and via Campminder’s electronic ticketing system regarding the use of the Campminder System to Authorized Users, at the hours and in the manner specified in Schedule B. Campminder shall use commercially reasonable efforts to respond to Licensee’s requests for assistance with reasonable care and speed. Licensee acknowledges that delays in response time may result from time to time because, among other things, (i) standard and emergency maintenance, (ii) a force majeure event, (iii) additional information is required from Licensee in order for Campminder to provide the information or resolution to address the Licensee request(s) and (iv) higher than expected call volume. Licensee also acknowledges that delays may result due to unforeseen technical and/or personnel problems encountered by Campminder. If Licensee requests additional consultation, Campminder may, but has not obligation to, provide such enhanced consultation at an additional fee in accordance with the Order Form.
F. PROPRIETARY RIGHTS AND LICENSES
Licensee acknowledges that, except for the limited rights and license expressly granted hereunder and the Licensee Data, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Licensee or any third party any intellectual property rights or other right, title, or interest in or to the Software Products, or in and to the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the Campminder System (other than Licensee's trademarks, trade names or proprietary graphics). All right, title, and interest in and to the Software Products, the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the Campminder System and the associated applications (other than Licensee's trademarks, trade names or proprietary graphics) and functionality of the Software Products and all additions, modifications, derivatives, improvements, translations, compilations, thereof and thereto (collectively, "Derivatives") are and shall remain Campminder's sole and exclusive property, and that the Software products shall not be used in any manner except as expressly permitted by this Agreement. In the event Licensee or any third party on its behalf creates, or acquires any right, title or interest in or to, any Derivatives, Licensee hereby grants to CampMinder an exclusive, perpetual, irrevocable, transferable, assignable, fully paid-up, royalty-free, worldwide, unlimited license to, with the right to sublicense (in multiple tiers) and to have others, reproduce, modify, create derivative works based upon, publicly perform, display, and broadcast, sell, distribute, make, import, use and exploit for any purpose (all such actions, “Use”) such Derivatives. Licensee grants to Campminder a world-wide, royalty free, fully paid up, perpetual, irrevocable, assignable, transferable and non-exclusive license to, with the right to sublicense (in multiple tiers) and have others, Use the Licensee Data, as reasonably necessary for Campminder to (i) provide the Software Products and associated services (including access to Third Party Services) in accordance with this Agreement; (ii) evaluate and provide benchmarking, analytics and trends for Licensee and, on an aggregated basis, evaluate and provide trends, analytics, best practices, and benchmarking for Campminder, third parties and its other customers; (iii) improve the Software Products and associated services, and (iv) in connection with the analysis and monitoring of Licensee's and its Authorized Users' use of the Software Products and in connection with the legitimate, non-commercial business and information security operations of Campminder. Licensee grants to Campminder and its affiliates a world-wide, royalty free, fully paid-up, perpetual, irrevocable, and non-exclusive license to, with the right to sublicense (in multiple tiers) and have others, Use any suggestion, enhancement request, recommendation, correction or other feedback provided by Licensee or its Authorized Users relating to the operation of the Software Products, the Campminder System or Campminder’s services.
G. CONFIDENTIALITY OF INFORMATION
A Party that receives Confidential Information ("Receiving Party") disclosed by the other party ("Disclosing Party") agrees to keep such information confidential, and shall use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (and at least reasonable care) to (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and the licenses granted herein, and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
H. COMPLIANCE WITH LAWS AND REGULATIONS
Licensee shall comply with all applicable laws and regulations in connection with this Agreement and its access and use of the Software Products, including, without limitation, as to disclosure or use of all Licensee Data and all other information and materials which Campminder obtains on behalf of Licensee or Licensee’s campers, parents, staff, customers, event attendees and/or affiliated persons and entities.
I. PRIVACY AND DATA SECURITY
During the term of this Agreement, Campminder may receive or have access to Personal Data of Licensee. Campminder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for Campminder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee.
In the event the Parties must enter into any agreement or additional provisions to maintain compliance with any applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to Campminder, and will promptly advise Campminder if Licensee becomes or provides any information subject to HIPAA.
Campminder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by Campminder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then Campminder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
J. THIRD PARTY SERVICES
Licensee or its Authorized Users may use the Software Products to obtain one or more Third Party Services from providers that Campminder retains from time to time to provide that Third Party Service (each a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants Campminder permission to allow the Third Party Provider to access Licensee’s Data as required for the operation of that Third Party Service with the Software Products.
Campminder does not guarantee or warrant the continued availability of any Software Products features designed to operate with Third Party Services. Campminder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, including, without limitation, if the Third Party Provider ceases to make the Third Party Service available for operation with the Software Products in a manner acceptable to Campminder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE OPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE OPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by Campminder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES OR THE OPERATION OF SUCH THIRD PARTY SERVICES WITH THE SOFTWARE PRODUCTS. Without limiting the preceding sentence, Campminder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider or any associated liabilities, claims or damages. Licensee shall comply with the terms of service of any Third Party Service and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES.
If Licensee uses any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or Campminder to share Personal Data, which would specifically include, but not be limited to, biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
K. INDEMNIFICATION BY LICENSEE
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, LIABILITIES, CAUSES OF ACTION, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES), ARISING FROM, CAUSED BY OR RELATING TO (I) ANY BREACH OF THIS AGREEMENT BY LICENSEE OR ITS AUTHORIZED USERS; (II) ANY VIOLATION OF LAW OR OTHER OBLIGATION, INCLUDING ANY DATA PROTECTION LAWS AND OBLIGATIONS RELATING TO PERSONAL DATA, BY (a) LICENSEE OR ITS EMPLOYEES CONTRACTORS OR AGENTS, OR (b) CAMPMINDER, ITS EMPLOYEES, CONTRACTORS OR AGENTS WHEN ACTING IN ACCORDANCE WITH THE INSTRUCTIONS OF LICENSEE, ITS EMPLOYEES, CONTRACTORS OR AGENTS, OR PROCESSING PERSONAL DATA IN ACCORANCE WITH THIS AGREEMENT; (III) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LICENSEE; (IV) USE OF THE SOFTWARE PRODUCTS IN A MANNER NOT AUTHORIZED BY THIS AGREEMENT; (V) USE OF THE SOFTWARE PRODUCTS IN COMBINATION WITH DATA, SOFTWARE, HARDWARE, EQUIPMENT OR TECHNOLOGY NOT PROVIDED BY CAMPMINDER OR AUTHORIZED BY CAMPMINDER IN WRITING; (VI) PROCESSING OR USE OF ANY INFORMATION, INCLUDING WITHOUT LIMITATION PERSONAL DATA, STORED ON, OBTAINED FROM OR VIA, THE SOFTWARE PRODUCTS, WHETHER BY LICENSEE, ANY OF ITS AUTHORIZED USERS, OR ANY THIRD PARTY ACTING ON BEHALF OF OR WHICH OBTAINED ACCESS TO THE INFORMATION BY THE FOREGOING, INCLUDING, WITHOUT LIMITATION, USE OR DISCLOSURE OF BACKGROUND SEARCH INFORMATION PROVIDED BY CAMPMINDER; (VII) LICENSEE'S PRODUCTS, SERVICES, AND BUSINESS PRACTICES; (VIII) SURCHARGES CHARGED BY LICENSEE; OR (IX) MODIFICATIONS TO THE SOFTWARE OR SUBSCRIPTION NOT MADE BY CAMPMINDER.
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2. MISCELLANEOUS
A. BINDING EFFECT; ASSIGNMENT
This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person, other than the parties hereto and the indemnified parties, any rights, benefits or remedies of any nature whatsoever under this Agreement, and no other person shall be deemed a third-party beneficiary under this Agreement. Licensee shall not sell, transfer, lease, sublicense, assign, pledge, mortgage or otherwise dispose of any of the rights, privileges, duties, and obligations granted or imposed hereunder without Campminder’s prior consent. Notwithstanding anything to the contrary contained herein, Campminder may freely assign this Agreement, including, but not limited to any affiliate or subsidiary or to a third party pursuant to any acquisition, merger or change of control of Campminder.
B. ENTIRE AGREEMENT; SURVIVAL; AMENDMENT; WAIVER
This Agreement constitutes the entire agreement between Campminder and Licensee and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter hereof expressly including any license agreement between the parties. The provisions of the following sections, and the applicable schedules referred to therein, will survive the termination or expiration of this Agreement for any reason: The Preamble (introduction) paragraphs and Sections 1(A)(2)-(5), 1(B), 1(C), 1(D), 1(G), 1(H), 1(I), 1(J) and 1(K) of this Agreement, and all of Section 2 except for Sections 2(C) and 2(F) of this Agreement. Unless otherwise expressly provided in this Agreement, no delay or omission on the part of any party in exercising any right or privilege under this Agreement shall operate as a waiver thereof, nor shall any waiver on the part of any party in exercising any right or privilege under this Agreement operate as a waiver of any other right or privilege under this Agreement nor shall any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under this Agreement. Notwithstanding anything to the contrary contained herein, Campminder reserves the right, in its sole discretion to make any changes to the Campminder System, Software Products or associated services (including Third Party Services) that it deems necessary or useful, including but not limited to: (a) maintain or enhance: (i) the quality or delivery of the Software Products to its customers; (ii) the competitive strength of or market for the Software Products; or (iii) the Software Products cost efficiency or performance; or (b) to comply with applicable laws or regulations.
C. TERM OF THIS AGREEMENT
Unless otherwise specified in the applicable Order Form, this Agreement has an initial term of one year (the "Initial Term") and, following the Initial Term, shall automatically renew each year on the anniversary of the Effective Date (the “Anniversary Date”) for successive one (1) year periods unless terminated by either party on written notice at least ninety (90) days prior to an Anniversary Date (the “Term”). Other than as set forth in Sections 2(C) and 2(E) of this Agreement, this Agreement may not be terminated prior to the end of the Term. Upon the termination of this Agreement for any reason, Campminder will not provide any refunds of prepaid fees or unused License Fees, and Licensee will promptly pay all unpaid Fees or other charges due under all active Order Forms through the end of the Initial Term or any current Term. For CampInTouch Summer Services and Third Party Services, this includes the amount Campminder derived from the cancelled services in the prior camp season multiplied by the number of years remaining in the then-active term.
For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 of any subsequent year that it desires for the CampInTouch Summer Services contract to terminate. Notwithstanding anything to the contrary contained herein, Campminder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 of any subsequent year that it desires for the CampInTouch Summer Services contract to terminate. Notwithstanding anything to the contrary contained herein, Campminder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
D. GOVERNING LAW
This Agreement, the subject matter thereof, and any disputes related to the foregoing, shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Each of the parties irrevocably and unconditionally agrees that any legal proceeding arising under or in connection with this Agreement except those seeking injunctive relief shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Licensee has read and understood this Agreement and has had the opportunity to consult with an attorney to the extent Licensee has deemed advisable. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
E. TERMINATION OF THIS AGREEMENT AND THE LICENSES GRANTED UNDER THIS AGREEMENT
Upon any material breach by Licensee, including, but not limited to, any breach of the restrictions on Software Products use contained herein, Campminder may terminate this Agreement and the license granted hereunder, or suspend Campminder’s services to Licensee until such breach is cured. Termination or suspension will not be exclusive of any other remedy available under this Agreement or applicable law. Upon termination of this Agreement for any reason whatsoever, (i) the license and right granted Licensee shall immediately cease and terminate, including all access to the Campminder System, (ii) Licensee shall immediately cease use of the Campminder System and Software Products and (iii) Licensee shall immediately make any payments due to Campminder. If this Agreement is terminated by Campminder in accordance with Section 2(E) of this Agreement, Licensee shall immediately pay any unpaid Fees covering the remainder of the Term of this Agreement. In no event will termination relieve Licensee of Licensee's obligation to pay an Fees payable to Campminder for the period prior to the effective date of termination.
F. TRIAL PERIOD; REFUNDS
During the first ninety (90) days after the Effective Date of your original master license agreement with Campminder (the “Trial Period”), Licensee may terminate this Agreement and receive a refund, upon notice to Campminder specifying the circumstances with as much detail as practical. Except as described in this Section 2(F) , the license fee is nonrefundable.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DURING THE TRIAL PERIOD THE SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
If this Agreement is terminated by Licensee during the Trial Period, Campminder shall refund in full the license fees paid under this Agreement. If this Agreement is terminated by Campminder in accordance with Section 2(E), Licensee shall immediately pay any unpaid fees covering the remainder of the term of this Agreement. In no event will termination relieve Licensee of Licensee’s obligation to pay any fees payable to Campminder for the period prior to the effective date of termination.
G. EFFECT OFOUTAGES AND ALTERNATIVE ACCESS
In the event of a failure or malfunction of the Campminder site for a continuous period of seventy-two hours or more such that Licensee cannot access Campminder for the purposes delineated herein (an “outage”), Campminder will use commercially reasonable efforts to provide alternative access to the Campminder System and Licensee Data. These steps may include, at Campminder’s option, using a different Internet host, data center or bandwidth provider. Notwithstanding anything contained herein to the contrary, Campminder shall not be liable for any delay or failure to perform its obligations due to and outage or to circumstances beyond Campminder's control, such circumstances to include, without limitation, natural disasters; terrorism; labor disputes; war; declaration of governments; transportation delays; data center, computer and/or network failures; power outages; acts of civil or military authorities; interruptions in third-party telecommunications or internet equipment or service; introduction of viruses, worms, time bombs or Trojan horses to the Campminder System, site or Software Products; acts of God; pandemic; epidemic; or misuse of the Campminder System or the Software Products by Licensee.
H. NOTICES
Any notices or other communications required or permitted hereunder shall be in writing and shall be sufficiently given if sent by overnight mail, registered mail or certified mail, postage prepaid, return receipt registered or by hand, to the parties at the addresses set forth above or such other address as either party provides with reasonable advance notice, and shall be effective upon delivery. In the event that Licensee’s address for notice changes during the Term, Licensee shall promptly provide Campminder with such new address in accordance with this Section 2(H) of this Agreement.
I. SEVERABILITY
If any provision of this Agreement shall be held invalid, illegal, unenforceable or void, such invalidity, illegality, unenforceability, or voidability will not affect any other terms or provision of this Agreement or Order Form or invalidate or render unenforceable such term or provision in any other jurisdiction and further a suitable and equitable provision shall be substituted therefore in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
J. USE OF LICENSEE NAME
Campminder shall be permitted to use Licensee’s name, and to generally disclose the services provided to Licensee hereunder, provided that Campminder does not disclose any Confidential Information relating to Licensee or its operations.
K. MERCHANT PROCESSING; CREDIT CARD DATA
During the term hereof, Campminder agrees to maintain Payment Card Industry Data Security Standards ("PCI Standards") compliance to the extent required by law in order to provide the services described under this Section 2(K) of this Agreement. Licensee is responsible for its individual PCI Standards compliance and annual validation to its credit card services provider. Except for data collected through (i) Campminder (or its affiliate or subsidiary), (ii) the merchant processing partner designated by Campminder, or (iii) in explicitly designated, PCI Standards compliant sections of the Software Products, Licensee shall not use the Software Products to collect or store credit card or bank account information of its users.
1. USE OF DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through Campminder, then Licensee shall do so by entering into a separate agreement with either (i) Campminder (or its affiliate or subsidiary) or (ii) the merchant processing partner designated by Campminder, which agreement shall contain such terms and conditions as Licensee and either (i) Campminder (or its affiliate or subsidiary) or (ii) such merchant processing partner agree upon from time to time, and provided further, if Licensee makes such election under this Section 2(K)(1), Licensee hereby authorizes Campminder to access and use the Licensee Data, including Licensee’s transaction records, statements, notices and other merchant processing data in the merchant processing partner’s back office platform and administrative and reporting tools and systems. Fees charged by payment processing providers may change from time to time upon thirty (30) days prior written notice. Licensee acknowledges and agrees that the merchant processing partner and merchant bank for the processing of credit card payments or ACH e-check payments are not affiliated with Campminder, have been designated by Campminder for the convenience of the Licensee, and Campminder shall have no liability or obligation with respect to the actions or failure to act of such merchant processing partner and merchant bank, and the breach or violation by such parties of any agreement with Licensee or Campminder, or their violation of any applicable state or federal laws, rules, or regulations (including, without limitation, PCI Standards).
2. USE OF NON-DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee desires to process credit card payments or ACH e-check payments through the Software Products but not through a merchant processing partner designated by Campminder (“Non-Designated Processing Provider”), then Licensee must get written consent from Campminder, which consent may be withheld in Campminder’s sole discretion. Provided that Licensee obtains such consent from Campminder, then Licensee may select such Non-Designated Processing Provider and process payments through such Non-Designated Processing Provider; provided Licensee enters into a separate agreement with such Non-Designated Processing Provider which agreement shall contain any and all such terms and conditions for the provision of credit card processing as Licensee and such Non-Designated Processing Provider agree upon from time to time.
In exchange for Campminder permitting the Licensee to utilize the Software Products with a Non-Designated Processing Provider, Licensee shall pay Campminder a fee (“Non-Designated Processor Fee”) which Non-Designated Processor Fee shall be a percentage of every dollar processed through the Non-Designated Processing Provider via the Software Products. At the end of each month, Campminder will invoice Licensee the Non-Designated Processor Fee as determined by the dollars processed through the Non-Designated Processing Provider each month. Campminder reserves the right to increase the Non-Designated Processor Fee in its sole discretion effective upon 30 days prior written notice (email sufficient) to Licensee. Licensee acknowledges and agrees that Campminder shall have no liability or obligation with respect to the actions or failure to act of such Non-Designated Processing Provider and any merchant bank associated with it, and the breach or violation by such parties of any agreement with Licensee or Campminder, or their violation of any applicable state or federal laws, rules, or regulations (including, without limitation, PCI Standards).
3. SURCHARGE PROGRAM
If Licensee elects to charge a fee to one of its current or prospective customers for paying Licensee with a credit card (“Surcharge Program”), Licensee agrees to the following terms and conditions:
A.Compliance. Licensee’s participation in the Surcharge Program and all amounts charged by Licensee shall be in accordance with card network rules and applicable state and federal law, including without limitation regarding the amount of the surcharge, notification to Licensee’s acquiring bank and the card brands, disclosures to consumers, that the surcharge amount is not charged separately, that the cardholder has the opportunity to cancel the transaction after the disclosures are made, and that surcharges will not be imposed on debit or prepaid card transactions. Licensee shall comply with, and shall be solely responsible for, all of the following (each of which as amended from time to time by relevant authority): (a) federal, state, and local laws and regulations; and (b) rules promulgated by any regulatory authority or any payment card network. Licensee shall not charge a surcharge in any jurisdiction in which such fee is prohibited. LICENSEE SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS WITH RESPECT TO THE SURCHARGE PROGRAM IN ACCORDANCE WITH SECTION 1(K) ABOVE.
b.Disclaimer and Limitations of Liability. Campminder makes no warranty of any kind, express or implied, related to the Surcharge Program or CampMinder’s participation in any Surcharge Program, and Campminder expressly disclaims any and all representations and warranties, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, availability, legal compliance, and non-infringement. Licensee acknowledges and agrees that it assumes all risk with respect to any Surcharge Program and its business practices, and that it is responsible to ensure that it is compliant with all laws, regulations, rules, and industry standards applicable to any surcharge activity. Campminder will not be liable for any direct, indirect, incidental special, or consequential damages, however arising, even if Campminder has been advised of the possibility of such damages.
L. COUNTERPARTS
This Agreement may be executed by electronic signature, pdf or other electronic means in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument binding on the parties.
SCHEDULE A
BACKGROUND SEARCH SERVICES
Campminder may provide Licensee with the option of obtaining certain background check services selected from the options set forth in the applicable Software Product module from time to time (the “Services”). As a precondition to obtaining the Services, Licensee agrees to the terms and conditions set forth in (i) this Agreement including, in particular, this Schedule A, which incorporates the other provisions of this Agreement, except to the extent they conflict with this Schedule, and (ii) any “end user certification” and/or other documentation required by the background check fulfillment company that Campminder retains from time to time to provide the Services (the “Background Check Provider”). For these Services, Licensee agrees to pay the amount specified in the "check out window" from time to time, plus any additional fees incurred as a result of an automatically triggered additional search, as described in the checkout process. The provisions of this Schedule A shall control in the event of any conflict with any other provision of this Agreement, including the Schedules thereto.
1. WARRANTIES AND DISCLAIMER OF WARRANTIES REGARDING THE SERVICES.
Campminder warrants that Campminder will accurately communicate Licensee’s order to the Background Check Provider and will use commercially reasonable efforts to communicate the results provided within seven (7) business days of receiving them from the Background Check Provider. The warranty set forth in this section will become void unless Licensee reports any deficiencies in the Services provided under this Schedule A to Campminder in writing, within twenty-one (21) days after the performance of the Services.
Campminder’s entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at Campminder’s sole option, for Campminder to either (i) correct such nonconformity by re-performance of the Services found to be deficient, or (ii) refund the fees actually received by Campminder with respect to the deficient Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO THE BACKGROUND CHECK PROVIDER FOR PERFORMANCE OF THE SERVICES. CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY SUCH BACKGROUND CHECK PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. FURTHER, BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
CAMPMINDER MAKES NO REPRESENTATION THAT THE INFORMATION RETRIEVED FROM GOVERNMENTAL AND OTHER DATABASES AND REPORTED TO LICENSEE IN CONNECTION WITH THE SERVICES IS TRUE, CORRECT OR COMPLETE.
2. LIMITATION OF LIABILITY WITH RESPECT TO THE SERVICES.
Licensee acknowledges and agrees that it is Licensee’s exclusive responsibility to use the background search information provided by Campminder or the Background Check Provider in accordance with all applicable employment and other laws and that Campminder shall have no liability or responsibility related to or arising from Licensee’s illegal, unauthorized or improper use or disclosure of any background search information provided by Campminder or the Background Check Provider to Licensee.
EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE OR INTERNATIONAL DATA PROTECTION LAWS, CAMPMINDER’S AGGREGATE LIABILITY FOR ANY COSTS OR DAMAGES ARISING FROM ANY FAILURE OF CAMPMINDER TO CORRECTLY PROVIDE THE RESULTS OF THE RELEVANT SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR SUCH SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM ARISING. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE LAWS, IN NO EVENT SHALL CAMPMINDER BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE BACKGROUND SEARCH SERVICES OR THE INFORMATION PROVIDED BY CAMPMINDER TO LICENSEE.
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS WITH RESPECT TO BACKGROUND SEARCH SERVICES IN ACCORDANCE WITH SECTION 1(K) ABOVE.
SCHEDULE B
GENERAL SUPPORT AND CONSULTATION POLICIES
This Schedule B is part of, and incorporates the other provisions of this Agreement.
During the Term, Campminder will use commercially reasonable efforts to provide support and consultation by telephone and by Campminder’s electronic ticketing system to Licensee and Authorized Users in accordance with the following:
- Electronic Ticketing System Support – This is the most efficient way to submit and track support issues. Campminder strongly encourages Administrative Users to initiate all support requests through the Campminder Electronic Ticketing System. Electronic support is offered to all Authorized Users.
- Telephone Consultation - Campminder also provides Telephone Consultation to help resolve support issues. Telephone support is offered to Administrative Users.
The days and hours of operation for the above support and consultation can be found at https://legal.campminder.com.
Training
Campminder provides one training session for each Software Product module licensed to Licensee hereunder at no additional cost and in accordance with the training policies and procedures set forth at (https://legal.campminder.com) (“Training Policies and Procedures”). Training sessions are scheduled at mutually convenient times during Phone Support Hours. Each training session covers one or more specific Software Product modules and shall be conducted in accordance with the Training Policies and Procedures. Licensee will designate one Administrative User to act as a single point of contact as a training coordinator (the “Specialist”) for the Licensee. The Specialist is obligated to ensure that all training sessions are attended by the Licensee organization member deemed most appropriate to receive the training on the Software Product module. The same Administrative User may act as the designated Licensee member for multiple Software Product modules. Licensee acknowledges and agrees that any additional trainings beyond the initial training per Software Product module or for which Licensee does not adhere to the Training Policies and Procedures shall be provided at a rate of $165 per hour with a one hour minimum and which rates are subject to change from time to time. Licensee may designate one or more replacement Specialists in writing from time to time. Licensee agrees that all questions pertaining to a Software Product module shall initially be routed to the Specialist assigned to that particular Software Product module prior to contacting Campminder support.
Effective March 1st 2023 to May 31st 2023
DownloadTable of Contents
THIS MASTER LICENSE AGREEMENT ("AGREEMENT") GOVERNS THE USE OF AND ACCESS TO AND OF THE SOFTWARE PRODUCTS AND SERVICES, INFORMATION AND MATERIALS PROVIDED OR MADE AVAILABLE BY CAMPMINDER, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("CAMPMINDER"), WHETHER IN CONNECTION WITH A SERVICE PLAN (AS DEFINED IN THE ORDER FORM) OR A FREE TRIAL OF THE SERVICES. This Agreement is effective as of the date the user ("Licensee" or "you") accepts it (the “Effective Date”). Individuals accepting this Agreement on behalf of their employer or another entity represent and warrant that: (i) they have full legal authority to bind their employer, or the applicable entity, to these terms and conditions; (ii) they have read and understand this Agreement; (iii) they agree, on behalf of the party that they represent to the terms of this Agreement, and (iv) they are at least 18 years of age.
YOU AGREE CAMPMINDER MAY MODIFY OR AMEND THIS AGREEMENT AT ANY TIME BY POSTING THE UPDATED AGREEMENT ON ITS SITE OR SENDING YOU THE UPDATED VERSION. WE ENCOURAGE YOU TO CHECK REGULARLY FOR UPDATES AT HTTPS://LEGAL.CAMPMINDER.COM/MLA/. CHANGES WILL BECOME EFFECTIVE 10 DAYS AFTER THEY ARE POSTED. HOWEVER, CHANGES ADDRESSING NEW FUNCTIONS FOR A SERVICE OR MADE FOR LEGAL OR REGULATORY REASONS WILL BE EFFECTIVE IMMEDIATELY. IF YOU DON’T AGREE TO ANY MODIFIED OR AMENDED TERMS IN THE AGREEMENT, YOU MUST STOP USING THE SERVICES. YOUR CONTINUED USE OF THE SOFTWARE PRODUCTS AFTER THE EFFECTIVE DATE OF ANY CHANGES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY SUCH CHANGES.
OVERVIEW
Campminder desires to provide online access to certain of its proprietary Software Products to Licensee, and Licensee desires to access the Campminder proprietary Software Products, subject to the terms and conditions of this Agreement. The intended use of the Software Products is to help manage and administer Licensee’s own business.
DEFINITIONS
“Administrative User” shall mean an individual who is currently or proposed to be employed or retained by Licensee and designated by Licensee to manage and maintain the Licensee Data or perform other actions on behalf of Licensee for Licensee's internal business purposes, using the Software Products and services and the Campminder System.
"Authorized User" shall mean an individual who is either an Administrative User or a Community User. No one other than an Authorized User may access and use the Software Products.
“Community User” (formerly a "CampInTouch User") shall mean an individual who is a current, former or prospective staff member of Licensee, current or former event attendee of Licensee ("Attendee"), current or former camper of Licensee, or a parent, guest, legal guardian, or caregiver thereof, who is authorized under this Agreement to use the Software Products.
"Campminder System" shall mean the Software Products developed, deployed and delivered by Campminder, including, among other things, the underlying software and applications.
“Confidential Information” means all trade secrets, business and financial information, software, machine and operator instructions, business methods, procedures, know-how, documentation and technical information, and other information that relates to the business or technology of either party and is marked or identified as confidential or disclosed in circumstances that would lead a reasonable person to believe such information is confidential. Licensee's Confidential Information includes Licensee Data; Campminder's Confidential Information includes the Campminder System and the Software Products and all documentation or technical information relating to the same; and Confidential Information of each party includes the terms of this Agreement (including pricing). Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) is received from a third party, or known to the Receiving Party prior to its disclosure by the Disclosing Party, or (c) was independently developed by the Receiving Party.
“Data Protection Law” means all federal, state, local and foreign laws, statutes, regulations, rules, and official guidance applicable to the protection of Personal Data under this Agreement in all relevant jurisdictions.
“Licensee Data” shall mean all data (including but not limited to Personal Data) imported into the Campminder System or input into the Campminder System by Authorized Users of the Software Products.
“Order Form” shall mean the Campminder order form(s) that sets forth the Software Products, pricing information, payment information and such other terms and conditions, attached hereto and incorporated herein by this reference, and shall be subject to and governed by the terms and conditions of this Agreement. Unless otherwise terminated pursuant to this Agreement, each Order Form shall remain in full force and effect unless and until Licensee signs a new Order Form that specifically replaces such prior Order Form. Notwithstanding anything to the contrary contained herein, if Licensee has not signed an Order Form in connection with this Agreement related to its Software Products, pricing or payment terms and rather has signed a previous agreement with Campminder that includes a Schedule A (“Schedule A”) setting forth the Software Products and a Schedule E as amended with any price increases from time to time (“Scheduled E”) setting forth the pricing, payment terms and other terms and conditions, then the Licensee’s Schedule A and Schedule E shall remain in full force and effect and be deemed the Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth the Software Products and pricing, payment and other terms. Notwithstanding anything to the contrary contained herein, if Licensee has not signed an Order Form for Campminder’s photo, news, camper communication, and/or video system (“Summer Services”) in connection with this Agreement and rather has signed a previous agreement with Campminder that includes a Schedule E-1 or an Addendum (“Summer Services Schedule”) setting forth the Summer Services, pricing, payment and other related terms, then the Licensee’s Summer Services Schedule shall remain in full force and effect and be deemed to be included in the definition of Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth or replaces the Summer Services.
“Personal Data” means all information that Campminder receives from Licensee or Authorized Users in the course of this Agreement that identifies or can be used to identify any specific individual or otherwise concerns the personal circumstances of an identified individual and accordingly is protected under Data Protection Law. Personal Data includes without limitation “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), “Personal Data” as defined in Regulation (EU) 2016/679 (together with any national implementations thereof, “GDPR”), and “personal information” as defined under the Massachusetts Standards for the Protection of Personal Data of Residents of the Commonwealth (201 CMR 17.01 et seq.), and "personal information" as defined in the California Consumer Privacy Act of 2018.
“Software Products” shall refer to the software, including, without limitations, modules and accompanying graphical user interfaces, application user interfaces, software development kits, or other software and related materials described in the Order Form to this Agreement or otherwise offered, provided or made available by Campminder or any third party on its behalf, or in connection with this Agreement, and all updates and modifications thereto, whether offered as a service over the internet, as a downloadable copy, or otherwise.
“Third Party Service” shall mean a third party (e.g., non Campminder) product or service that interoperates with the Software Products and that Licensee or its Authorized Users may access in connection with using the Software Products, including by way of example and not limitation credit card, transaction and merchant processing (including but not limited to the services described in Section 2(K) of this Agreement), API access or background check services.
TERMS AND CONDITIONS
1. GRANT OF LICENSES AND RELATED RIGHTS
A. SCOPE OF LICENSES
1. GENERALLY
During the Term and subject to and conditioned upon Licensee's payment of Fees and compliance with all other terms and conditions of the Agreement, Campminder grants to Licensee, and Licensee accepts, a non-exclusive, revocable, nontransferable, non-sublicensable, limited right and license to access and use the Software Product modules specified in the applicable Order Form(s) solely for Licensee's own business purposes. Licensee shall prevent any unauthorized access to or use of the Software Products, and notify Campminder promptly of any such unauthorized access or use.
2. YOUR DATA; HOW CAMPMINDER MAY USE YOUR DATA
Except as otherwise agreed upon by Licensee and Campminder or set forth in this Agreement, as between Campminder and Licensee, all data input into the Campminder System by an Authorized User is considered Licensee Data owned by Licensee.
Campminder agrees that it will use commercially reasonable efforts to back-up Licensee’s Data in accordance with Campminder’s then current data backup policy. Licensee is solely responsible for the accuracy, quality and legality of Licensee Data and the means by which Licensee acquired the Licensee Data. Licensee may designate one or more Administrative Users who shall have limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting their use and disclosure of Confidential Information, including, but not limited to Licensee Data.
3. AUTHORIZED USERS TO ACCESS AND USE OUR SOFTWARE PRODUCTS
To access and use the Software Products, one must be an Authorized User. Each Authorized User shall be assigned a unique identifier to access the Software products (a "Login ID"). Licensee must protect and ensure the confidential nature of each Authorized User’s Login ID and password, as well as the Licensee Data. Licensee is solely responsible and liable for all uses of the Software Products, Licensee Data, and applicable documentation resulting from access provided by Licensee to any Authorized User or third party, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Campminder shall to require that each Authorized User contractually agrees to certain provisions as a precondition to use of the Campminder System, which provisions may be modified and supplemented from time to time, including without limitation, the then-current version of the Campminder Terms of Use (available at: https://legal.campminder.com/terms-of-service/) and the Campminder Privacy Policy (available at https://legal.campminder.com/privacy-policy/). Campminder reserves the right to terminate any Authorized User's use or access of the Software Products or Campminder Confidential Information in its sole discretion.
4. ACTS REGARDING OUR SOFTWARE PRODUCTS THAT ARE NOT PERMITTED
Licensee shall not, nor shall it permit any Authorized User or any other individual or entity to: (a) use or access the Software Products except as expressly permitted by this Agreement; (b) disassemble, decompile, or decrypt any applications, software, source code, or other computer language that provides or helps to provide functionality (including query results) in the Software Products, or that otherwise powers or comprises the Software Products; (c) remove, alter, cover, or obscure the copyright or other proprietary notices appearing in the Software Products; (d) alter, modify, or prepare derivative works based on any software or application accessible through the Software Products; (e) sell, license, rent or otherwise make available the Software Products or a Third Party Service to, or use any part of the Software Products or a Third Party Service for the benefit of, anyone other than Licensee or Authorized Users; (f) use the Software Products or a Third Party Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (g) use the Software Products or a Third Party Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; (h) use the Software Products or applicable documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, (i) interfere with or disrupt the integrity or performance of the Software Products or third-party data contained therein; (j) attempt to gain unauthorized access to the Software Products or its related systems; (k) access the Software Products in order to build or assist in building a competitive service or to benchmark with a non-Campminder service; (l) reverse engineer the Software Products; or (m) share credentials with or provide access to the Campminder System to users that are not Authorized Users.
5. ACCESS TO AND USE OF OUR APIs
Access and use of any application program interface (API), API specifications, and related software, information and materials which CampMinder may make available is governed by the CampMinder API License Terms, available at https://Legal.Campminder.com/APILicenseAgreement/. The API License Terms apply in addition to the terms of this Agreement. Unless expressly stated in this Agreement or the API License Terms, in the event of any contradiction between the API License Terms and this Agreement, the API License Terms shall prevail solely to the extent necessary to resolve the contradiction.
B. CAMPMINDER'S WARRANTIES TO YOU AND CERTAIN DISCLAIMERS
Campminder warrants that the Software Products will perform substantially in accordance with the applicable and then-current Campminder documentation for the respective Software Products. THIS WARRANTY IS THE ONLY WARRANTY MADE BY CAMPMINDER WITH RESPECT TO THE CAMPMINDER SYSTEM OR THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 1(B) OF THIS AGREEMENT, THE CAMPMINDER SYSTEM IS PROVIDED "AS-IS" AND CAMPMINDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THIS WARRANTY: (A) IS CONTINGENT UPON LICENSEE’S USE OF THE SOFTWARE PRODUCTS IN COMPLIANCE WITH THE TERMS OF THIS AGREEMENT; (B) DOES NOT GUARANTEE ACCESS, USE, EXECUTION OR OPERATION OF THE SOFTWARE PRODUCTS WITHOUT INTERRUPTIONS, BUGS, OR ERRORS, OR THAT ERRORS WILL BE CORRECTED; (C) DOES NOT COVER ANY BREACHES TO THE EXTENT CAUSED BY THIRD PARTY HOSTING , INTERNET, OR OTHER THIRD PARTY SERVICE PROVIDERS OUTSIDE THE CONTROL OF CAMPMINDER; (D) DOES NOT APPLY TO LICENSEE DATA OR TO DATA (INCLUDING PERSONAL DATA) TO THE EXTENT THE INPUT, OUTPUT, ACCURACY, AND/OR SUITABILITY OF WHICH ARE MADE BY, OR UNDER CONTROL OF, LICENSEE OR AN AUTHORIZED USER; (E) DOES NOT GUARANTEE THAT THE SOFTWARE PRODUCTS AND/OR THE RELATED APPLICATIONS WILL MEET LICENSEE’S REQUIREMENTS OR OPERATE IN THE COMBINATIONS LICENSEE MAY SELECT OR USE; (F) IS VOID UPON ANY MATERIAL BREACH OF THIS AGREEMENT BY LICENSEE OR AN AUTHORIZED USER, OR UPON ANY ACCESS OR USE OF THE SOFTWARE PRODUCTS NOT PERMITTED BY THIS AGREEMENT; AND (G) WILL BECOME VOID IF THE ALLEGED BREACH IS NOT DULY REPORTED TO CAMPMINDER WITHIN FIFTEEN (15) DAYS AFTER LICENSEE BECOMES AWARE THEREOF. CAMPMINDER’S ENTIRE AND SOLE LIABILITY AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE, AT CAMPMINDER’S OPTION, FOR CAMPMINDER TO CORRECT SUCH NONCONFORMITY BY REPAIR, REPLACEMENT, RECONFIGURATION, OR SUITABLE WORKAROUND, OR TO TERMINATE THIS AGREEMENT AND REFUND THE PORTION OF THE LICENSE FEE ACTUALLY RECEIVED BY CAMPMINDER DIRECTLY RELATING TO THE NONCONFORMING SOFTWARE PRODUCTS IN THE PRIOR TWELVE (12) MONTH PERIOD TO THE CLAIM ARISING.
C. LIMITATION OF LIABILITY
EXCEPT FOR LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT LICENSEE’S PAYMENT OBLIGATIONS UNDER SECTION 1(D) OF THIS AGREEMENT. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO MAINTAIN A STORED BACKUP COPY OF LICENSEE’S DATA IN THE EVENT THAT THE SOFTWARE PRODUCTS ARE RENDERED UNAVAILABLE FOR ANY LENGTH OF TIME.
D. PAYMENT AND TAXES
Licensee shall pay Campminder the amounts (the "License Fee"), and at the times, specified in the Order Form for the licenses granted and other products and services that Campminder may provide from time to time, including the Software Products. The License Fee may increase each year; provided Campminder provides you with at least thirty (30) days prior written notice via email or otherwise of the effective date of such increase. The parties acknowledge and agree that new products, new modules and new versions of the Campminder System shall not be limited by the price increases more specifically described herein. In addition, Licensee shall be responsible for any applicable taxes, including without limitation, any sales, use, levies, duties, excise or any value added or similar taxes ("Taxes") payable with respect to Licensee’s use of the Software Products and other goods and services provided to Licensee that are assessable by any local, state, provincial, federal, or foreign jurisdiction, other than taxes based upon Campminder's net income, assets, payroll, property and employees. Unless expressly specified otherwise in any Order Form, all fees, rates and estimates exclude Taxes. All amounts billed by Campminder are due within 30 days of the invoice date. Without limiting Campminder’s other remedies, if any payment owed by Licensee is unpaid more than 30 days from the invoice date, Campminder may (1) add late fees of 1.5% per month to the amount due, (2) accelerate Licensee’s fee obligations for the remaining term of this Agreement so that all such fees become immediately due and payable, and (3) suspend services, including, but not limited to, access to the Software Products, the Campminder System, the Licensee Data and general support, to Licensee until such amounts are paid in full. BY PROVIDING THE FOREGOING AND SIGNING THIS AGREEMENT AND ASSOCIATED ONBOARDING INFORMATION, LICENSEE, UNLESS OTHERWISE SET FORTH IN AN ORDER FORM, HEREBY AUTHORIZES CAMPMINDER TO WITHDRAW THE APPLICABLE AMOUNTS FROM LICENSEE’S BANK ACCOUNT IN ACCORDANCE WITH THIS AGREEMENT FROM THE EFFECTIVE DATE UNLESS LICENSEE ADVISES CAMPMINDER, IN WRITING WITHIN TEN (10) DAYS AFTER CAMPMINDER PROVIDES WRITTEN NOTICE OF ITS INTENT TO MAKE ANY SUCH WITHDRAWAL, THAT SUCH WITHDRAWAL IS NOT AUTHORIZED AND SETTING FORTH THE APPLICABLE REASONS.
E. TRAINING; CONSULTATION
During the Term, Campminder agrees to provide consultation via telephone and via Campminder’s electronic ticketing system regarding the use of the Campminder System to Authorized Users, at the hours and in the manner specified in Schedule B. Campminder shall use commercially reasonable efforts to respond to Licensee’s requests for assistance with reasonable care and speed. Licensee acknowledges that delays in response time may result from time to time because, among other things, (i) standard and emergency maintenance, (ii) a force majeure event, (iii) additional information is required from Licensee in order for Campminder to provide the information or resolution to address the Licensee request(s) and (iv) higher than expected call volume. Licensee also acknowledges that delays may result due to unforeseen technical and/or personnel problems encountered by Campminder. If Licensee requests additional consultation, Campminder may, but has not obligation to, provide such enhanced consultation at an additional fee in accordance with the Order Form.
F. PROPRIETARY RIGHTS AND LICENSES
Licensee acknowledges that, except for the limited rights and license expressly granted hereunder and the Licensee Data, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Licensee or any third party any intellectual property rights or other right, title, or interest in or to the Software Products, or in and to the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the Campminder System (other than Licensee's trademarks, trade names or proprietary graphics). All right, title, and interest in and to the Software Products, the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the Campminder System and the associated applications (other than Licensee's trademarks, trade names or proprietary graphics) and functionality of the Software Products and all additions, modifications, derivatives, improvements, translations, compilations, thereof and thereto (collectively, "Derivatives") are and shall remain Campminder's sole and exclusive property, and that the Software products shall not be used in any manner except as expressly permitted by this Agreement. In the event Licensee or any third party on its behalf creates, or acquires any right, title or interest in or to, any Derivatives, Licensee hereby grants to CampMinder an exclusive, perpetual, irrevocable, transferable, assignable, fully paid-up, royalty-free, worldwide, unlimited license to, with the right to sublicense (in multiple tiers) and to have others, reproduce, modify, create derivative works based upon, publicly perform, display, and broadcast, sell, distribute, make, import, use and exploit for any purpose (all such actions, “Use”) such Derivatives. Licensee grants to Campminder a world-wide, royalty free, fully paid up, perpetual, irrevocable, assignable, transferable and non-exclusive license to, with the right to sublicense (in multiple tiers) and have others, Use the Licensee Data, as reasonably necessary for Campminder to (i) provide the Software Products and associated services (including access to Third Party Services) in accordance with this Agreement; (ii) evaluate and provide benchmarking, analytics and trends for Licensee and, on an aggregated basis, evaluate and provide trends, analytics, best practices, and benchmarking for Campminder, third parties and its other customers; (iii) improve the Software Products and associated services, and (iv) in connection with the analysis and monitoring of Licensee's and its Authorized Users' use of the Software Products and in connection with the legitimate, non-commercial business and information security operations of Campminder. Licensee grants to Campminder and its affiliates a world-wide, royalty free, fully paid-up, perpetual, irrevocable, and non-exclusive license to, with the right to sublicense (in multiple tiers) and have others, Use any suggestion, enhancement request, recommendation, correction or other feedback provided by Licensee or its Authorized Users relating to the operation of the Software Products, the Campminder System or Campminder’s services.
G. CONFIDENTIALITY OF INFORMATION
A Party that receives Confidential Information ("Receiving Party") disclosed by the other party ("Disclosing Party") agrees to keep such information confidential, and shall use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (and at least reasonable care) to (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and the licenses granted herein, and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
H. COMPLIANCE WITH LAWS AND REGULATIONS
Licensee shall comply with all applicable laws and regulations in connection with this Agreement and its access and use of the Software Products, including, without limitation, as to disclosure or use of all Licensee Data and all other information and materials which Campminder obtains on behalf of Licensee or Licensee’s campers, parents, staff, customers, event attendees and/or affiliated persons and entities.
I. PRIVACY AND DATA SECURITY
During the term of this Agreement, Campminder may receive or have access to Personal Data of Licensee. Campminder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for Campminder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee.
In the event the Parties must enter into any agreement or additional provisions to maintain compliance with any applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to Campminder, and will promptly advise Campminder if Licensee becomes or provides any information subject to HIPAA.
Campminder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by Campminder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then Campminder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
J. THIRD PARTY SERVICES
Licensee or its Authorized Users may use the Software Products to obtain one or more Third Party Services from providers that Campminder retains from time to time to provide that Third Party Service (each a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants Campminder permission to allow the Third Party Provider to access Licensee’s Data as required for the operation of that Third Party Service with the Software Products.
Campminder does not guarantee or warrant the continued availability of any Software Products features designed to operate with Third Party Services. Campminder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, including, without limitation, if the Third Party Provider ceases to make the Third Party Service available for operation with the Software Products in a manner acceptable to Campminder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE OPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE OPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by Campminder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES OR THE OPERATION OF SUCH THIRD PARTY SERVICES WITH THE SOFTWARE PRODUCTS. Without limiting the preceding sentence, Campminder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider or any associated liabilities, claims or damages. Licensee shall comply with the terms of service of any Third Party Service and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES.
If Licensee uses any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or Campminder to share Personal Data, which would specifically include, but not be limited to, biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
K. INDEMNIFICATION BY LICENSEE
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, LIABILITIES, CAUSES OF ACTION, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES), ARISING FROM, CAUSED BY OR RELATING TO (I) ANY BREACH OF THIS AGREEMENT BY LICENSEE OR ITS AUTHORIZED USERS; (II) ANY VIOLATION OF LAW OR OTHER OBLIGATION, INCLUDING ANY DATA PROTECTION LAWS AND OBLIGATIONS RELATING TO PERSONAL DATA, BY (a) LICENSEE OR ITS EMPLOYEES CONTRACTORS OR AGENTS, OR (b) CAMPMINDER, ITS EMPLOYEES, CONTRACTORS OR AGENTS WHEN ACTING IN ACCORDANCE WITH THE INSTRUCTIONS OF LICENSEE, ITS EMPLOYEES, CONTRACTORS OR AGENTS, OR PROCESSING PERSONAL DATA IN ACCORANCE WITH THIS AGREEMENT; (III) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LICENSEE; (IV) USE OF THE SOFTWARE PRODUCTS IN A MANNER NOT AUTHORIZED BY THIS AGREEMENT; (V) USE OF THE SOFTWARE PRODUCTS IN COMBINATION WITH DATA, SOFTWARE, HARDWARE, EQUIPMENT OR TECHNOLOGY NOT PROVIDED BY CAMPMINDER OR AUTHORIZED BY CAMPMINDER IN WRITING; (VI) PROCESSING OR USE OF ANY INFORMATION, INCLUDING WITHOUT LIMITATION PERSONAL DATA, STORED ON, OBTAINED FROM OR VIA, THE SOFTWARE PRODUCTS, WHETHER BY LICENSEE, ANY OF ITS AUTHORIZED USERS, OR ANY THIRD PARTY ACTING ON BEHALF OF OR WHICH OBTAINED ACCESS TO THE INFORMATION BY THE FOREGOING, INCLUDING, WITHOUT LIMITATION, USE OR DISCLOSURE OF BACKGROUND SEARCH INFORMATION PROVIDED BY CAMPMINDER; (VII) LICENSEE'S PRODUCTS, SERVICES, AND BUSINESS PRACTICES; (VIII) SURCHARGES CHARGED BY LICENSEE; OR (IX) MODIFICATIONS TO THE SOFTWARE OR SUBSCRIPTION NOT MADE BY CAMPMINDER.
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2. MISCELLANEOUS
A. BINDING EFFECT; ASSIGNMENT
This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person, other than the parties hereto and the indemnified parties, any rights, benefits or remedies of any nature whatsoever under this Agreement, and no other person shall be deemed a third-party beneficiary under this Agreement. Licensee shall not sell, transfer, lease, sublicense, assign, pledge, mortgage or otherwise dispose of any of the rights, privileges, duties, and obligations granted or imposed hereunder without Campminder’s prior consent. Notwithstanding anything to the contrary contained herein, Campminder may freely assign this Agreement, including, but not limited to any affiliate or subsidiary or to a third party pursuant to any acquisition, merger or change of control of Campminder.
B. ENTIRE AGREEMENT; SURVIVAL; AMENDMENT; WAIVER
This Agreement constitutes the entire agreement between Campminder and Licensee and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter hereof expressly including any license agreement between the parties. The provisions of the following sections, and the applicable schedules referred to therein, will survive the termination or expiration of this Agreement for any reason: The Preamble (introduction) paragraphs and Sections 1(A)(2)-(5), 1(B), 1(C), 1(D), 1(G), 1(H), 1(I), 1(J) and 1(K) of this Agreement, and all of Section 2 except for Sections 2(C) and 2(F) of this Agreement. Unless otherwise expressly provided in this Agreement, no delay or omission on the part of any party in exercising any right or privilege under this Agreement shall operate as a waiver thereof, nor shall any waiver on the part of any party in exercising any right or privilege under this Agreement operate as a waiver of any other right or privilege under this Agreement nor shall any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under this Agreement. Notwithstanding anything to the contrary contained herein, Campminder reserves the right, in its sole discretion to make any changes to the Campminder System, Software Products or associated services (including Third Party Services) that it deems necessary or useful, including but not limited to: (a) maintain or enhance: (i) the quality or delivery of the Software Products to its customers; (ii) the competitive strength of or market for the Software Products; or (iii) the Software Products cost efficiency or performance; or (b) to comply with applicable laws or regulations.
C. TERM OF THIS AGREEMENT
Unless otherwise specified in the applicable Order Form, this Agreement has an initial term of one year (the "Initial Term") and, following the Initial Term, shall automatically renew each year on the anniversary of the Effective Date (the “Anniversary Date”) for successive one (1) year periods unless terminated by either party on written notice at least ninety (90) days prior to an Anniversary Date (the “Term”). Other than as set forth in Sections 2(C) and 2(E) of this Agreement, this Agreement may not be terminated prior to the end of the Term. Upon the termination of this Agreement for any reason, Campminder will not provide any refunds of prepaid fees or unused License Fees, and Licensee will promptly pay all unpaid Fees or other charges due under all active Order Forms through the end of the Initial Term or any current Term. For CampInTouch Summer Services and Third Party Services, this includes the amount Campminder derived from the cancelled services in the prior camp season multiplied by the number of years remaining in the then-active term.
For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 of any subsequent year that it desires for the CampInTouch Summer Services contract to terminate. Notwithstanding anything to the contrary contained herein, Campminder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 of any subsequent year that it desires for the CampInTouch Summer Services contract to terminate. Notwithstanding anything to the contrary contained herein, Campminder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
D. GOVERNING LAW
This Agreement, the subject matter thereof, and any disputes related to the foregoing, shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Each of the parties irrevocably and unconditionally agrees that any legal proceeding arising under or in connection with this Agreement except those seeking injunctive relief shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Licensee has read and understood this Agreement and has had the opportunity to consult with an attorney to the extent Licensee has deemed advisable. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
E. TERMINATION OF THIS AGREEMENT AND THE LICENSES GRANTED UNDER THIS AGREEMENT
Upon any material breach by Licensee, including, but not limited to, any breach of the restrictions on Software Products use contained herein, Campminder may terminate this Agreement and the license granted hereunder, or suspend Campminder’s services to Licensee until such breach is cured. Termination or suspension will not be exclusive of any other remedy available under this Agreement or applicable law. Upon termination of this Agreement for any reason whatsoever, (i) the license and right granted Licensee shall immediately cease and terminate, including all access to the Campminder System, (ii) Licensee shall immediately cease use of the Campminder System and Software Products and (iii) Licensee shall immediately make any payments due to Campminder. If this Agreement is terminated by Campminder in accordance with Section 2(E) of this Agreement, Licensee shall immediately pay any unpaid Fees covering the remainder of the Term of this Agreement. In no event will termination relieve Licensee of Licensee's obligation to pay an Fees payable to Campminder for the period prior to the effective date of termination.
F. TRIAL PERIOD; REFUNDS
During the first ninety (90) days after the Effective Date of your original master license agreement with Campminder (the “Trial Period”), Licensee may terminate this Agreement and receive a refund, upon notice to Campminder specifying the circumstances with as much detail as practical. Except as described in this Section 2(F) , the license fee is nonrefundable.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DURING THE TRIAL PERIOD THE SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
If this Agreement is terminated by Licensee during the Trial Period, Campminder shall refund in full the license fees paid under this Agreement. If this Agreement is terminated by Campminder in accordance with Section 2(E), Licensee shall immediately pay any unpaid fees covering the remainder of the term of this Agreement. In no event will termination relieve Licensee of Licensee’s obligation to pay any fees payable to Campminder for the period prior to the effective date of termination.
G. EFFECT OFOUTAGES AND ALTERNATIVE ACCESS
In the event of a failure or malfunction of the Campminder site for a continuous period of seventy-two hours or more such that Licensee cannot access Campminder for the purposes delineated herein (an “outage”), Campminder will use commercially reasonable efforts to provide alternative access to the Campminder System and Licensee Data. These steps may include, at Campminder’s option, using a different Internet host, data center or bandwidth provider. Notwithstanding anything contained herein to the contrary, Campminder shall not be liable for any delay or failure to perform its obligations due to and outage or to circumstances beyond Campminder's control, such circumstances to include, without limitation, natural disasters; terrorism; labor disputes; war; declaration of governments; transportation delays; data center, computer and/or network failures; power outages; acts of civil or military authorities; interruptions in third-party telecommunications or internet equipment or service; introduction of viruses, worms, time bombs or Trojan horses to the Campminder System, site or Software Products; acts of God; pandemic; epidemic; or misuse of the Campminder System or the Software Products by Licensee.
H. NOTICES
Any notices or other communications required or permitted hereunder shall be in writing and shall be sufficiently given if sent by overnight mail, registered mail or certified mail, postage prepaid, return receipt registered or by hand, to the parties at the addresses set forth above or such other address as either party provides with reasonable advance notice, and shall be effective upon delivery. In the event that Licensee’s address for notice changes during the Term, Licensee shall promptly provide Campminder with such new address in accordance with this Section 2(H) of this Agreement.
I. SEVERABILITY
If any provision of this Agreement shall be held invalid, illegal, unenforceable or void, such invalidity, illegality, unenforceability, or voidability will not affect any other terms or provision of this Agreement or Order Form or invalidate or render unenforceable such term or provision in any other jurisdiction and further a suitable and equitable provision shall be substituted therefore in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
J. USE OF LICENSEE NAME
Campminder shall be permitted to use Licensee’s name, and to generally disclose the services provided to Licensee hereunder, provided that Campminder does not disclose any Confidential Information relating to Licensee or its operations.
K. MERCHANT PROCESSING; CREDIT CARD DATA
During the term hereof, Campminder agrees to maintain Payment Card Industry Data Security Standards ("PCI Standards") compliance to the extent required by law in order to provide the services described under this Section 2(K) of this Agreement. Licensee is responsible for its individual PCI Standards compliance and annual validation to its credit card services provider. Except for data collected through (i) Campminder (or its affiliate or subsidiary), (ii) the merchant processing partner designated by Campminder, or (iii) in explicitly designated, PCI Standards compliant sections of the Software Products, Licensee shall not use the Software Products to collect or store credit card or bank account information of its users.
1. USE OF DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through Campminder, then Licensee shall do so by entering into a separate agreement with either (i) Campminder (or its affiliate or subsidiary) or (ii) the merchant processing partner designated by Campminder, which agreement shall contain such terms and conditions as Licensee and either (i) Campminder (or its affiliate or subsidiary) or (ii) such merchant processing partner agree upon from time to time, and provided further, if Licensee makes such election under this Section 2(K)(1), Licensee hereby authorizes Campminder to access and use the Licensee Data, including Licensee’s transaction records, statements, notices and other merchant processing data in the merchant processing partner’s back office platform and administrative and reporting tools and systems. Fees charged by payment processing providers may change from time to time upon thirty (30) days prior written notice. Licensee acknowledges and agrees that the merchant processing partner and merchant bank for the processing of credit card payments or ACH e-check payments are not affiliated with Campminder, have been designated by Campminder for the convenience of the Licensee, and Campminder shall have no liability or obligation with respect to the actions or failure to act of such merchant processing partner and merchant bank, and the breach or violation by such parties of any agreement with Licensee or Campminder, or their violation of any applicable state or federal laws, rules, or regulations (including, without limitation, PCI Standards).
2. USE OF NON-DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee desires to process credit card payments or ACH e-check payments through the Software Products but not through a merchant processing partner designated by Campminder (“Non-Designated Processing Provider”), then Licensee must get written consent from Campminder, which consent may be withheld in Campminder’s sole discretion. Provided that Licensee obtains such consent from Campminder, then Licensee may select such Non-Designated Processing Provider and process payments through such Non-Designated Processing Provider; provided Licensee enters into a separate agreement with such Non-Designated Processing Provider which agreement shall contain any and all such terms and conditions for the provision of credit card processing as Licensee and such Non-Designated Processing Provider agree upon from time to time.
In exchange for Campminder permitting the Licensee to utilize the Software Products with a Non-Designated Processing Provider, Licensee shall pay Campminder a fee (“Non-Designated Processor Fee”) which Non-Designated Processor Fee shall be a percentage of every dollar processed through the Non-Designated Processing Provider via the Software Products. At the end of each month, Campminder will invoice Licensee the Non-Designated Processor Fee as determined by the dollars processed through the Non-Designated Processing Provider each month. Campminder reserves the right to increase the Non-Designated Processor Fee in its sole discretion effective upon 30 days prior written notice (email sufficient) to Licensee. Licensee acknowledges and agrees that Campminder shall have no liability or obligation with respect to the actions or failure to act of such Non-Designated Processing Provider and any merchant bank associated with it, and the breach or violation by such parties of any agreement with Licensee or Campminder, or their violation of any applicable state or federal laws, rules, or regulations (including, without limitation, PCI Standards).
3. SURCHARGE PROGRAM
If Licensee elects to charge a fee to one of its current or prospective customers for paying Licensee with a credit card (“Surcharge Program”), Licensee agrees to the following terms and conditions:
A.Compliance. Licensee’s participation in the Surcharge Program and all amounts charged by Licensee shall be in accordance with card network rules and applicable state and federal law, including without limitation regarding the amount of the surcharge, notification to Licensee’s acquiring bank and the card brands, disclosures to consumers, that the surcharge amount is not charged separately, that the cardholder has the opportunity to cancel the transaction after the disclosures are made, and that surcharges will not be imposed on debit or prepaid card transactions. Licensee shall comply with, and shall be solely responsible for, all of the following (each of which as amended from time to time by relevant authority): (a) federal, state, and local laws and regulations; and (b) rules promulgated by any regulatory authority or any payment card network. Licensee shall not charge a surcharge in any jurisdiction in which such fee is prohibited. LICENSEE SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS WITH RESPECT TO THE SURCHARGE PROGRAM IN ACCORDANCE WITH SECTION 1(K) ABOVE.
b.Disclaimer and Limitations of Liability. Campminder makes no warranty of any kind, express or implied, related to the Surcharge Program or CampMinder’s participation in any Surcharge Program, and Campminder expressly disclaims any and all representations and warranties, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, availability, legal compliance, and non-infringement. Licensee acknowledges and agrees that it assumes all risk with respect to any Surcharge Program and its business practices, and that it is responsible to ensure that it is compliant with all laws, regulations, rules, and industry standards applicable to any surcharge activity. Campminder will not be liable for any direct, indirect, incidental special, or consequential damages, however arising, even if Campminder has been advised of the possibility of such damages.
L. COUNTERPARTS
This Agreement may be executed by electronic signature, pdf or other electronic means in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument binding on the parties.
SCHEDULE A
BACKGROUND SEARCH SERVICES
Campminder may provide Licensee with the option of obtaining certain background check services selected from the options set forth in the applicable Software Product module from time to time (the “Services”). As a precondition to obtaining the Services, Licensee agrees to the terms and conditions set forth in (i) this Agreement including, in particular, this Schedule A, which incorporates the other provisions of this Agreement, except to the extent they conflict with this Schedule, and (ii) any “end user certification” and/or other documentation required by the background check fulfillment company that Campminder retains from time to time to provide the Services (the “Background Check Provider”). For these Services, Licensee agrees to pay the amount specified in the "check out window" from time to time, plus any additional fees incurred as a result of an automatically triggered additional search, as described in the checkout process. The provisions of this Schedule A shall control in the event of any conflict with any other provision of this Agreement, including the Schedules thereto.
1. WARRANTIES AND DISCLAIMER OF WARRANTIES REGARDING THE SERVICES.
Campminder warrants that Campminder will accurately communicate Licensee’s order to the Background Check Provider and will use commercially reasonable efforts to communicate the results provided within seven (7) business days of receiving them from the Background Check Provider. The warranty set forth in this section will become void unless Licensee reports any deficiencies in the Services provided under this Schedule A to Campminder in writing, within twenty-one (21) days after the performance of the Services.
Campminder’s entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at Campminder’s sole option, for Campminder to either (i) correct such nonconformity by re-performance of the Services found to be deficient, or (ii) refund the fees actually received by Campminder with respect to the deficient Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO THE BACKGROUND CHECK PROVIDER FOR PERFORMANCE OF THE SERVICES. CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY SUCH BACKGROUND CHECK PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. FURTHER, BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
CAMPMINDER MAKES NO REPRESENTATION THAT THE INFORMATION RETRIEVED FROM GOVERNMENTAL AND OTHER DATABASES AND REPORTED TO LICENSEE IN CONNECTION WITH THE SERVICES IS TRUE, CORRECT OR COMPLETE.
2. LIMITATION OF LIABILITY WITH RESPECT TO THE SERVICES.
Licensee acknowledges and agrees that it is Licensee’s exclusive responsibility to use the background search information provided by Campminder or the Background Check Provider in accordance with all applicable employment and other laws and that Campminder shall have no liability or responsibility related to or arising from Licensee’s illegal, unauthorized or improper use or disclosure of any background search information provided by Campminder or the Background Check Provider to Licensee.
EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE OR INTERNATIONAL DATA PROTECTION LAWS, CAMPMINDER’S AGGREGATE LIABILITY FOR ANY COSTS OR DAMAGES ARISING FROM ANY FAILURE OF CAMPMINDER TO CORRECTLY PROVIDE THE RESULTS OF THE RELEVANT SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR SUCH SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM ARISING. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE LAWS, IN NO EVENT SHALL CAMPMINDER BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE BACKGROUND SEARCH SERVICES OR THE INFORMATION PROVIDED BY CAMPMINDER TO LICENSEE.
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS WITH RESPECT TO BACKGROUND SEARCH SERVICES IN ACCORDANCE WITH SECTION 1(K) ABOVE.
SCHEDULE B
GENERAL SUPPORT AND CONSULTATION POLICIES
This Schedule B is part of, and incorporates the other provisions of this Agreement.
During the Term, Campminder will use commercially reasonable efforts to provide support and consultation by telephone and by Campminder’s electronic ticketing system to Licensee and Authorized Users in accordance with the following:
- Electronic Ticketing System Support – This is the most efficient way to submit and track support issues. Campminder strongly encourages Administrative Users to initiate all support requests through the Campminder Electronic Ticketing System. Electronic support is offered to all Authorized Users.
- Telephone Consultation - Campminder also provides Telephone Consultation to help resolve support issues. Telephone support is offered to Administrative Users.
The days and hours of operation for the above support and consultation can be found at https://legal.campminder.com.
Training
Campminder provides one training session for each Software Product module licensed to Licensee hereunder at no additional cost and in accordance with the training policies and procedures set forth at (https://legal.campminder.com) (“Training Policies and Procedures”). Training sessions are scheduled at mutually convenient times during Phone Support Hours. Each training session covers one or more specific Software Product modules and shall be conducted in accordance with the Training Policies and Procedures. Licensee will designate one Administrative User to act as a single point of contact as a training coordinator (the “Specialist”) for the Licensee. The Specialist is obligated to ensure that all training sessions are attended by the Licensee organization member deemed most appropriate to receive the training on the Software Product module. The same Administrative User may act as the designated Licensee member for multiple Software Product modules. Licensee acknowledges and agrees that any additional trainings beyond the initial training per Software Product module or for which Licensee does not adhere to the Training Policies and Procedures shall be provided at a rate of $165 per hour with a one hour minimum and which rates are subject to change from time to time. Licensee may designate one or more replacement Specialists in writing from time to time. Licensee agrees that all questions pertaining to a Software Product module shall initially be routed to the Specialist assigned to that particular Software Product module prior to contacting Campminder support.
Effective January 24th 2023 to March 1st 2023
DownloadTable of Contents
THIS MASTER LICENSE AGREEMENT ("AGREEMENT") GOVERNS THE USE OF AND ACCESS TO THE SERVICES PROVIDED BY CAMPMINDER, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("CAMPMINDER"), WHETHER IN CONNECTION WITH A SERVICE PLAN (AS DEFINED IN THE ORDER FORM) OR A FREE TRIAL OF THE SERVICES. This Agreement is effective as of the date the user ("Licensee" or "you") accepts it (the “Effective Date”). Individuals accepting this Agreement on behalf of their employer or another entity represent and warrant that: (i) they have full legal authority to bind their employer, or the applicable entity, to these terms and conditions; (ii) they have read and understand this Agreement; (iii) they agree, on behalf of the party that they represent to the terms of this Agreement, and (iv) they are at least 18 years of age.
OVERVIEW
Campminder desires to provide online access to certain of its proprietary Software Products to Licensee, and Licensee desires to access the Campminder proprietary Software Products, subject to the terms and conditions of this Agreement. The intended use of the Software Products is to help manage and administer Licensee’s own business.
DEFINITIONS
“Administrative User” shall mean an individual who is currently or proposed to be employed or retained by Licensee and designated by Licensee to manage and maintain the Licensee Data using the Software Products and services and the Campminder System.
"Authorized User" shall mean an individual who is either an Administrative User or a Community User. No one other than an Authorized User may access and use the Software Products.
“Community User” (formerly a "CampInTouch User") shall mean an individual who is a current, former or prospective staff member of Licensee, current or former event attendee of Licensee ("Attendee"), current or former camper of Licensee, or a parent, guest, legal guardian, or caregiver thereof, who is authorized under this Agreement to use the Software Products.
"Campminder System" shall mean the Software Products developed, deployed and delivered by Campminder, including, among other things, the underlying software and applications.
“Confidential Information” means all trade secrets, business and financial information, software, machine and operator instructions, business methods, procedures, know-how, and other information that relates to the business or technology of either party and is marked or identified as confidential or disclosed in circumstances that would lead a reasonable person to believe such information is confidential. Licensee's Confidential Information includes Licensee Data; Campminder's Confidential Information includes the Campminder System and the Software Products; and Confidential Information of each party includes the terms of this Agreement (including pricing). Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) is received from a third party, or known to the Receiving Party prior to its disclosure by the Disclosing Party, or (c) was independently developed by the Receiving Party.
“Data Protection Law” means all federal, state, local and foreign laws, statutes, regulations, rules, and official guidance applicable to the protection of Personal Data under this Agreement in all relevant jurisdictions.
“Licensee Data” shall mean all data (including but not limited to Personal Data) imported into the Campminder System or input into the Campminder System by Authorized Users of the Software Products.
“Order Form” shall mean the Campminder order form(s) that sets forth the Software Products, pricing information, payment information and such other terms and conditions, attached hereto and incorporated herein by this reference, and shall be subject to and governed by the terms and conditions of this Agreement. Unless otherwise terminated pursuant to this Agreement, each Order Form shall remain in full force and effect unless and until Licensee signs a new Order Form that specifically replaces such prior Order Form. Notwithstanding anything to the contrary contained herein, if Licensee has not signed an Order Form in connection with this Agreement related to its Software Products, pricing or payment terms and rather has signed a previous agreement with Campminder that includes a Schedule A (“Schedule A”) setting forth the Software Products and a Schedule E as amended with any price increases from time to time (“Scheduled E”) setting forth the pricing, payment terms and other terms and conditions, then the Licensee’s Schedule A and Schedule E shall remain in full force and effect and be deemed the Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth the Software Products and pricing, payment and other terms. Notwithstanding anything to the contrary contained herein, if Licensee has not signed an Order Form for Campminder’s photo, news, camper communication, and/or video system (“Summer Services”) in connection with this Agreement and rather has signed a previous agreement with Campminder that includes a Schedule E-1 or an Addendum (“Summer Services Schedule”) setting forth the Summer Services, pricing, payment and other related terms, then the Licensee’s Summer Services Schedule shall remain in full force and effect and be deemed to be included in the definition of Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth or replaces the Summer Services.
“Personal Data” means all information that Campminder receives from Licensee or Authorized Users in the course of this Agreement that identifies or can be used to identify any specific individual or otherwise concerns the personal circumstances of an identified individual and accordingly is protected under Data Protection Law. Personal Data includes without limitation “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), “Personal Data” as defined in Regulation (EU) 2016/679 (together with any national implementations thereof, “GDPR”), and “personal information” as defined under the Massachusetts Standards for the Protection of Personal Data of Residents of the Commonwealth (201 CMR 17.01 et seq.), and "personal information" as defined in the California Consumer Privacy Act of 2018.
“Software Products” shall refer to the then-current version (inclusive of any updates or modifications thereto) of those proprietary Campminder computer program modules and accompanying graphical user interfaces described in the Order Form to this Agreement.
“Third Party Service” shall mean a third party (e.g., non Campminder) product or service that interoperates with the Software Products and that Licensee or its Authorized Users may access in connection with using the Software Products, including by way of example and not limitation credit card, transaction and merchant processing (including but not limited to the services described in Section 2(K) of this Agreement), API access or background check services.
TERMS AND CONDITIONS
1. GRANT OF LICENSES AND RELATED RIGHTS
A. SCOPE OF LICENSES
1. GENERALLY
During the Term and subject to and conditioned upon Licensee's payment of Fees and compliance with all other terms and conditions of the Agreement, Campminder grants to Licensee, and Licensee accepts, a non-exclusive, revocable, nontransferable, limited right and license to access and use the Software Product modules specified in the applicable Order Form(s) solely for Licensee's own business purposes. Licensee shall prevent any unauthorized access to or use of the Software Products, and notify Campminder promptly of any such unauthorized access or use.
2. YOUR DATA; HOW CAMPMINDER MAY USE YOUR DATA
Except as otherwise agreed upon by Licensee and Campminder or set forth in this Agreement, as between Campminder and Licensee, all data input into the Campminder System by an Authorized User is considered Licensee Data owned by Licensee.
Campminder agrees that it will use commercially reasonable efforts to back-up Licensee’s Data in accordance with Campminder’s then current data backup policy. Licensee is solely responsible for the accuracy, quality and legality of Licensee Data and the means by which Licensee acquired the Licensee Data. Licensee may designate one or more Administrative Users who shall have limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting their use and disclosure of Confidential Information, including, but not limited to Licensee Data.
3. AUTHORIZED USERS TO ACCESS AND USE OUR SOFTWARE PRODUCTS
To access and use the Software Products, one must be an Authorized User. Each Authorized User shall be assigned a unique identifier to access the Software products (a "Login ID"). Licensee must protect and ensure the confidential nature of each Authorized User’s Login ID and password, as well as the Licensee Data. Licensee is solely responsible and liable for all uses of the Software Products, Licensee Data, and applicable documentation resulting from access provided by Licensee to any Authorized User or third party, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Campminder shall to require that each Authorized User contractually agrees to certain provisions as a precondition to use of the Campminder System, which provisions may be modified and supplemented from time to time, including without limitation, the then-current version of the Campminder Terms of Use (available at: https://legal.campminder.com/terms-of-service/) and the Campminder Privacy Policy (available at https://legal.campminder.com/privacy-policy/).
4. ACTS REGARDING OUR SOFTWARE PRODUCTS THAT ARE NOT PERMITTED
Licensee shall not, nor shall it permit any Authorized User or any other individual or entity to: (a) use or access the Software Products except as expressly permitted by this Agreement; (b) disassemble, decompile, or decrypt any applications, software, source code, or other computer language that provides or helps to provide functionality (including query results) in the Software Products, or that otherwise powers or comprises the Software Products; (c) remove, alter, cover, or obscure the copyright or other proprietary notices appearing in the Software Products; (d) alter, modify, or prepare derivative works based on any software or application accessible through the Software Products; (e) sell, license, rent or otherwise make available the Software Products or a Third Party Service to, or use any part of the Software Products or a Third Party Service for the benefit of, anyone other than Licensee or Authorized Users; (f) use the Software Products or a Third Party Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (g) use the Software Products or a Third Party Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; (h) use the Software Products or applicable documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, (i) interfere with or disrupt the integrity or performance of the Software Products or third-party data contained therein; (j) attempt to gain unauthorized access to the Software Products or its related systems; (k) access the Software Products in order to build or assist in building a competitive service or to benchmark with a non-Campminder service; (l) reverse engineer the Software Products; or (m) share credentials with or provide access to the Campminder System to users that are not Authorized Users.
B. CAMPMINDER'S WARRANTIES TO YOU AND CERTAIN DISCLAIMERS
Campminder warrants that the Software Products will perform substantially in accordance with the applicable and then-current Campminder documentation for the respective Software Products. THIS WARRANTY IS THE ONLY WARRANTY MADE BY CAMPMINDER WITH RESPECT TO THE CAMPMINDER SYSTEM OR THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 1(B) OF THIS AGREEMENT, THE CAMPMINDER SYSTEM IS PROVIDED "AS-IS" AND CAMPMINDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THIS WARRANTY: (A) IS CONTINGENT UPON LICENSEE’S USE OF THE SOFTWARE PRODUCTS IN COMPLIANCE WITH THE TERMS OF THIS AGREEMENT; (B) DOES NOT GUARANTEE EXECUTION OR OPERATION OF THE SOFTWARE PRODUCTS WITHOUT INTERRUPTIONS, BUGS, OR ERRORS, OR THAT ALL ERRORS WILL BE CORRECTED; (C) DOES NOT COVER ANY BREACHES TO THE EXTENT CAUSED BY THIRD PARTY HOSTING , INTERNET, OR OTHER THIRD PARTY SERVICE PROVIDERS OUTSIDE THE CONTROL OF CAMPMINDER; (D) DOES NOT APPLY TO LICENSEE DATA OR TO DATA (INCLUDING PERSONAL DATA) TO THE EXTENT THE INPUT, OUTPUT, ACCURACY, AND/OR SUITABILITY OF WHICH ARE MADE BY, OR UNDER CONTROL OF, LICENSEE OR AN AUTHORIZED USER; (E) DOES NOT GUARANTEE THAT THE SOFTWARE PRODUCTS AND/OR THE RELATED APPLICATIONS WILL MEET LICENSEE’S REQUIREMENTS OR OPERATE IN THE COMBINATIONS LICENSEE MAY SELECT OR USE; (F) IS VOID UPON ANY MATERIAL BREACH OF THIS AGREEMENT BY LICENSEE OR AN AUTHORIZED USER, OR UPON ANY ACCESS OR USE OF THE SOFTWARE PRODUCTS NOT PERMITTED BY THIS AGREEMENT; AND (G) WILL BECOME VOID IF THE ALLEGED BREACH IS NOT DULY REPORTED TO CAMPMINDER WITHIN FIFTEEN (15) DAYS AFTER LICENSEE BECOMES AWARE THEREOF. CAMPMINDER’S ENTIRE AND SOLE LIABILITY AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE, AT CAMPMINDER’S OPTION, FOR CAMPMINDER TO CORRECT SUCH NONCONFORMITY BY REPAIR, REPLACEMENT, RECONFIGURATION, OR SUITABLE WORKAROUND, OR TO TERMINATE THIS AGREEMENT AND REFUND THE PORTION OF THE LICENSE FEE ACTUALLY RECEIVED BY CAMPMINDER DIRECTLY RELATING TO THE NONCONFORMING SOFTWARE PRODUCTS IN THE PRIOR TWELVE (12) MONTH PERIOD TO THE CLAIM ARISING.
C. LIMITATION OF LIABILITY
EXCEPT FOR LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT LICENSEE’S PAYMENT OBLIGATIONS UNDER SECTION 1(D) OF THIS AGREEMENT. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO MAINTAIN A STORED BACKUP COPY OF LICENSEE’S DATA IN THE EVENT THAT THE SOFTWARE PRODUCTS ARE RENDERED UNAVAILABLE FOR ANY LENGTH OF TIME.
D. PAYMENT AND TAXES
Licensee shall pay Campminder the amounts (the "License Fee"), and at the times, specified in the Order Form for the license granted under Section 1(A)(1) of this Agreement and other products and services that Campminder may provide from time to time, including the Software Products. The License Fee may increase each year; provided Campminder provides you with at least thirty (30) days prior written notice via email or otherwise of the effective date of such increase. The parties acknowledge and agree that new products, new modules and new versions of the Campminder System shall not be limited by the price increases more specifically described herein. In addition, Licensee shall be responsible for any applicable taxes, including without limitation, any sales, use, levies, duties, excise or any value added or similar taxes ("Taxes") payable with respect to Licensee’s use of the Software Products and other goods and services provided to Licensee that are assessable by any local, state, provincial, federal, or foreign jurisdiction, other than taxes based upon Campminder's net income, assets, payroll, property and employees. Unless expressly specified otherwise in any Order Form, all fees, rates and estimates exclude Taxes. All amounts billed by Campminder are due within 30 days of the invoice date. Without limiting Campminder’s other remedies, if any payment owed by Licensee is unpaid more than 30 days from the invoice date, Campminder may (1) add late fees of 1.5% per month to the amount due, (2) accelerate Licensee’s fee obligations for the remaining term of this Agreement so that all such fees become immediately due and payable, and (3) suspend services, including, but not limited to, access to the Software Products, the Campminder System, the Licensee Data and general support, to Licensee until such amounts are paid in full. BY PROVIDING THE FOREGOING AND SIGNING THIS AGREEMENT AND ASSOCIATED ONBOARDING INFORMATION, LICENSEE, UNLESS OTHERWISE SET FORTH IN AN ORDER FORM, HEREBY AUTHORIZES CAMPMINDER TO WITHDRAW THE APPLICABLE AMOUNTS FROM LICENSEE’S BANK ACCOUNT IN ACCORDANCE WITH THIS AGREEMENT FROM THE EFFECTIVE DATE UNLESS LICENSEE ADVISES CAMPMINDER, IN WRITING WITHIN TEN (10) DAYS AFTER CAMPMINDER PROVIDES WRITTEN NOTICE OF ITS INTENT TO MAKE ANY SUCH WITHDRAWAL, THAT SUCH WITHDRAWAL IS NOT AUTHORIZED AND SETTING FORTH THE APPLICABLE REASONS.
E. TRAINING; CONSULTATION
During the Term, Campminder agrees to provide consultation via telephone and via Campminder’s electronic ticketing system regarding the use of the Campminder System to Authorized Users, at the hours and in the manner specified in Schedule B. Campminder shall use commercially reasonable efforts to respond to Licensee’s requests for assistance with reasonable care and speed. Licensee acknowledges that delays in response time may result from time to time because, among other things, (i) standard and emergency maintenance, (ii) a force majeure event, (iii) additional information is required from Licensee in order for Campminder to provide the information or resolution to address the Licensee request(s) and (iv) higher than expected call volume. Licensee also acknowledges that delays may result due to unforeseen technical and/or personnel problems encountered by Campminder. If Licensee requests additional consultation, Campminder may, but has not obligation to, provide such enhanced consultation at an additional fee in accordance with the Order Form.
F. PROPRIETARY RIGHTS AND LICENSES
Licensee acknowledges that, except for the limited rights and license expressly granted hereunder and the Licensee Data, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Licensee or any third party any intellectual property rights or other right, title, or interest in or to the Software Products, or in and to the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the Campminder System (other than Licensee's trademarks, trade names or proprietary graphics). All right, title, and interest in and to the Software Products, the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the Campminder System and the associated applications (other than Licensee's trademarks, trade names or proprietary graphics) and functionality of the Software Products are and shall remain Campminder's sole and exclusive property, and that the Software products shall not be used in any manner except as expressly permitted by this Agreement. Licensee grants to Campminder, its affiliates and applicable contractors a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use, distribute, reproduce, modify, and display the Licensee Data, as reasonably necessary for Campminder to (i) provide the Software Products and associated services (including access to Third Party Services) in accordance with this Agreement; (ii) evaluate and provide benchmarking, analytics and trends for Licensee and, on an aggregated basis, evaluate and provide trends, analytics, best practices, and benchmarking for Campminder, third parties and its other customers; (iii) improve the Software Products and associated services, and (iv) in connection with the analysis and monitoring of Licensee's and its Authorized Users' use of the Software Products and in connection with the legitimate, non-commercial business and information security operations of Campminder. Licensee grants to Campminder and its affiliates a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use and incorporate into Campminder’s and/or its affiliates’ services any suggestion, enhancement request, recommendation, correction or other feedback provided by Licensee or its Authorized Users relating to the operation of the Software Products, the Campminder System or Campminder’s services.
G. CONFIDENTIALITY OF INFORMATION
A Party that receives Confidential Information ("Receiving Party") disclosed by the other party ("Disclosing Party") agrees to keep such information confidential, and shall use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (and at least reasonable care) to (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
H. COMPLIANCE WITH LAWS AND REGULATIONS
Licensee shall comply with all applicable laws and regulations in connection with this Agreement including, without limitation, as to disclosure or use of all Licensee Data and all other information and materials which Campminder obtains on behalf of Licensee or Licensee’s campers, parents, staff, customers, event attendees and/or affiliated persons and entities.
I. PRIVACY AND DATA SECURITY
During the term of this Agreement, Campminder may receive or have access to Personal Data of Licensee. Campminder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for Campminder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee.
In the event the Parties must enter into any agreement or additional provisions to maintain compliance with any applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to Campminder, and will promptly advise Campminder if Licensee becomes or provides any information subject to HIPAA.
Campminder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by Campminder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then Campminder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
J. THIRD PARTY SERVICES
Licensee or its Authorized Users may use the Software Products to obtain one or more Third Party Services from providers that Campminder retains from time to time to provide that Third Party Service (each a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants Campminder permission to allow the Third Party Provider to access Licensee’s Data as required for the operation of that Third Party Service with the Software Products.
Campminder does not guarantee or warrant the continued availability of any Software Products features designed to operate with Third Party Services. Campminder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, including, without limitation, if the Third Party Provider ceases to make the Third Party Service available for operation with the Software Products in a manner acceptable to Campminder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE OPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE OPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by Campminder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES OR THE OPERATION OF SUCH THIRD PARTY SERVICES WITH THE SOFTWARE PRODUCTS. Without limiting the preceding sentence, Campminder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider or any associated liabilities, claims or damages. Licensee shall comply with the terms of service of any Third Party Service and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES.
If Licensee uses any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or Campminder to share Personal Data, which would specifically include, but not be limited to, biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
K. INDEMNIFICATION BY LICENSEE
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, LIABILITIES, CAUSES OF ACTION, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES), ARISING FROM, CAUSED BY OR RELATING TO (I) ANY BREACH OF THIS AGREEMENT BY LICENSEE OR ITS AUTHORIZED USERS, (II) ANY VIOLATION OF LAW BY LICENSEE OR ITS EMPLOYEES OR AGENTS, INCLUDING ANY DATA PROTECTION LAWS, (III) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LICENSEE; (IV) USE OF THE SOFTWARE PRODUCTS IN A MANNER NOT AUTHORIZED BY THIS AGREEMENT; (V) USE OF THE SOFTWARE PRODUCTS IN COMBINATION WITH DATA, SOFTWARE, HARDWARE, EQUIPMENT OR TECHNOLOGY NOT PROVIDED BY CAMPMINDER OR AUTHORIZED BY CAMPMINDER IN WRITING; (VI) LICENSEE'S USE OR DISCLOSURE OF BACKGROUND SEARCH INFORMATION PROVIDED BY CAMPMINDER; (VII) LICENSEE'S PRODUCTS, SERVICES, AND BUSINESS PRACTICES; (VIII) SURCHARGES CHARGED BY LICENSEE; OR (IX) MODIFICATIONS TO THE SOFTWARE OR SUBSCRIPTION NOT MADE BY CAMPMINDER.
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2. MISCELLANEOUS
A. BINDING EFFECT; ASSIGNMENT
This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person, other than the parties hereto and the indemnified parties, any rights, benefits or remedies of any nature whatsoever under this Agreement, and no other person shall be deemed a third-party beneficiary under this Agreement. Licensee shall not sell, transfer, lease, sublicense, assign, pledge, mortgage or otherwise dispose of any of the rights, privileges, duties, and obligations granted or imposed hereunder without Campminder’s prior consent. Notwithstanding anything to the contrary contained herein, Campminder may freely assign this Agreement, including, but not limited to any affiliate or subsidiary or to a third party pursuant to any acquisition, merger or change of control of Campminder.
B. ENTIRE AGREEMENT; SURVIVAL; AMENDMENT; WAIVER
This Agreement constitutes the entire agreement between Campminder and Licensee and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter hereof expressly including any license agreement between the parties. The provisions of the following sections, and the applicable schedules referred to therein, will survive the termination or expiration of this Agreement for any reason: Section 1(A)(2)-(3), 1(B), 1(C), 1(D), 1(G), 1(H), 1(I), 1(J) and 1(K) of this Agreement, and all of Section 2 except for Sections 2(C) and 2(F) of this Agreement. Unless otherwise expressly provided in this Agreement, no delay or omission on the part of any party in exercising any right or privilege under this Agreement shall operate as a waiver thereof, nor shall any waiver on the part of any party in exercising any right or privilege under this Agreement operate as a waiver of any other right or privilege under this Agreement nor shall any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under this Agreement. Notwithstanding anything to the contrary contained herein, Campminder reserves the right, in its sole discretion to make any changes to the Campminder System, Software Products or associated services (including Third Party Services) that it deems necessary or useful, including but not limited to: (a) maintain or enhance: (i) the quality or delivery of the Software Products to its customers; (ii) the competitive strength of or market for the Software Products; or (iii) the Software Products cost efficiency or performance; or (b) to comply with applicable laws or regulations. Campminder may modify or amend this Agreement at any time by posting access to details of any modifications or amendments to this Agreement at https://legal.campminder.com/mla/.
Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or made for legal or regulatory reasons will be effective immediately. If you don’t agree to any modified or amended terms in the Agreement, you must stop using the Services. Your continued use of the Software Products after the effective date of any changes constitutes your agreement to follow and be bound by such changes.
C. TERM OF THIS AGREEMENT
Unless otherwise specified in the applicable Order Form, this Agreement has an initial term of one year (the "Initial Term") and, following the Initial Term, shall automatically renew each year on the anniversary of the Effective Date (the “Anniversary Date”) for successive one (1) year periods unless terminated by either party on written notice at least ninety (90) days prior to an Anniversary Date (the “Term”). Other than as set forth in Sections 2(C) and 2(E) of this Agreement, this Agreement may not be terminated prior to the end of the Term. Upon the termination of this Agreement for any reason, Campminder will not provide any refunds of prepaid fees or unused License Fees, and Licensee will promptly pay all unpaid Fees or other charges due under all active Order Forms through the end of the Initial Term or any current Term. For CampInTouch Summer Services and Third Party Services, this includes the amount Campminder derived from the cancelled services in the prior camp season multiplied by the number of years remaining in the then-active term.
For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 of any subsequent year that it desires for the CampInTouch Summer Services contract to terminate. Notwithstanding anything to the contrary contained herein, Campminder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 of any subsequent year that it desires for the CampInTouch Summer Services contract to terminate. Notwithstanding anything to the contrary contained herein, Campminder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
D. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Each of the parties irrevocably and unconditionally agrees that any legal proceeding arising under or in connection with this Agreement except those seeking injunctive relief shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Licensee has read and understood this Agreement and has had the opportunity to consult with an attorney to the extent Licensee has deemed advisable. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
E. TERMINATION OF THIS AGREEMENT AND THE LICENSES GRANTED UNDER THIS AGREEMENT
Upon any material breach by Licensee, including, but not limited to, any breach of the restrictions on Software Products use contained herein, Campminder may terminate this Agreement and the license granted hereunder, or suspend Campminder’s services to Licensee until such breach is cured. Termination or suspension will not be exclusive of any other remedy available under this Agreement or applicable law. Upon termination of this Agreement for any reason whatsoever, (i) the license and right granted Licensee shall immediately cease and terminate, including all access to the Campminder System, (ii) Licensee shall immediately cease use of the Campminder System and Software Products and (iii) Licensee shall immediately make any payments due to Campminder. If this Agreement is terminated by Campminder in accordance with Section 2(E) of this Agreement, Licensee shall immediately pay any unpaid Fees covering the remainder of the Term of this Agreement. In no event will termination relieve Licensee of Licensee's obligation to pay an Fees payable to Campminder for the period prior to the effective date of termination.
F. TRIAL PERIOD; REFUNDS
During the first ninety (90) days after the Effective Date of your original master license agreement with Campminder (the “Trial Period”), Licensee may terminate this Agreement and receive a refund, upon notice to Campminder specifying the circumstances with as much detail as practical. Except as described in this Section 2(F) , the license fee is nonrefundable.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DURING THE TRIAL PERIOD THE SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
If this Agreement is terminated by Licensee during the Trial Period, Campminder shall refund in full the license fees paid under this Agreement. If this Agreement is terminated by Campminder in accordance with Section 2(E), Licensee shall immediately pay any unpaid fees covering the remainder of the term of this Agreement. In no event will termination relieve Licensee of Licensee’s obligation to pay any fees payable to Campminder for the period prior to the effective date of termination.
G. EFFECT OFOUTAGES AND ALTERNATIVE ACCESS
In the event of a failure or malfunction of the Campminder site for a continuous period of seventy-two hours or more such that Licensee cannot access Campminder for the purposes delineated herein (an “outage”), Campminder will use commercially reasonable efforts to provide alternative access to the Campminder System and Licensee Data. These steps may include, at Campminder’s option, using a different Internet host, data center or bandwidth provider. Notwithstanding anything contained herein to the contrary, Campminder shall not be liable for any delay or failure to perform its obligations due to and outage or to circumstances beyond Campminder's control, such circumstances to include, without limitation, natural disasters; terrorism; labor disputes; war; declaration of governments; transportation delays; data center, computer and/or network failures; power outages; acts of civil or military authorities; interruptions in third-party telecommunications or internet equipment or service; introduction of viruses, worms, time bombs or Trojan horses to the Campminder System, site or Software Products; acts of God; pandemic; epidemic; or misuse of the Campminder System or the Software Products by Licensee.
H. NOTICES
Any notices or other communications required or permitted hereunder shall be in writing and shall be sufficiently given if sent by overnight mail, registered mail or certified mail, postage prepaid, return receipt registered or by hand, to the parties at the addresses set forth above or such other address as either party provides with reasonable advance notice, and shall be effective upon delivery. In the event that Licensee’s address for notice changes during the Term, Licensee shall promptly provide Campminder with such new address in accordance with this Section 2(H) of this Agreement.
I. SEVERABILITY
If any provision of this Agreement shall be held invalid, illegal, unenforceable or void, such invalidity, illegality, unenforceability, or voidability will not affect any other terms or provision of this Agreement or Order Form or invalidate or render unenforceable such term or provision in any other jurisdiction and further a suitable and equitable provision shall be substituted therefore in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
J. USE OF LICENSEE NAME
Campminder shall be permitted to use Licensee’s name, and to generally disclose the services provided to Licensee hereunder, provided that Campminder does not disclose any Confidential Information relating to Licensee or its operations.
K. MERCHANT PROCESSING; CREDIT CARD DATA
During the term hereof, Campminder agrees to maintain Payment Card Industry Data Security Standards ("PCI Standards") compliance to the extent required by law in order to provide the services described under this Section 2(K) of this Agreement. Licensee is responsible for its individual PCI Standards compliance and annual validation to its credit card services provider. Except for data collected through (i) Campminder (or its affiliate or subsidiary), (ii) the merchant processing partner designated by Campminder, or (iii) in explicitly designated, PCI Standards compliant sections of the Software Products, Licensee shall not use the Software Products to collect or store credit card or bank account information of its users.
1. USE OF DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through Campminder, then Licensee shall do so by entering into a separate agreement with either (i) Campminder (or its affiliate or subsidiary) or (ii) the merchant processing partner designated by Campminder, which agreement shall contain such terms and conditions as Licensee and either (i) Campminder (or its affiliate or subsidiary) or (ii) such merchant processing partner agree upon from time to time, and provided further, if Licensee makes such election under this Section 2(K)(1), Licensee hereby authorizes Campminder to access and use the Licensee Data, including Licensee’s transaction records, statements, notices and other merchant processing data in the merchant processing partner’s back office platform and administrative and reporting tools and systems. Fees charged by payment processing providers may change from time to time upon thirty (30) days prior written notice. Licensee acknowledges and agrees that the merchant processing partner and merchant bank for the processing of credit card payments or ACH e-check payments are not affiliated with Campminder, have been designated by Campminder for the convenience of the Licensee, and Campminder shall have no liability or obligation with respect to the actions or failure to act of such merchant processing partner and merchant bank, and the breach or violation by such parties of any agreement with Licensee or Campminder, or their violation of any applicable state or federal laws, rules, or regulations (including, without limitation, PCI Standards).
2. USE OF NON-DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee desires to process credit card payments or ACH e-check payments through the Software Products but not through a merchant processing partner designated by Campminder (“Non-Designated Processing Provider”), then Licensee must get written consent from Campminder, which consent may be withheld in Campminder’s sole discretion. Provided that Licensee obtains such consent from Campminder, then Licensee may select such Non-Designated Processing Provider and process payments through such Non-Designated Processing Provider; provided Licensee enters into a separate agreement with such Non-Designated Processing Provider which agreement shall contain any and all such terms and conditions for the provision of credit card processing as Licensee and such Non-Designated Processing Provider agree upon from time to time.
In exchange for Campminder permitting the Licensee to utilize the Software Products with a Non-Designated Processing Provider, Licensee shall pay Campminder a fee (“Non-Designated Processor Fee”) which Non-Designated Processor Fee shall be a percentage of every dollar processed through the Non-Designated Processing Provider via the Software Products. At the end of each month, Campminder will invoice Licensee the Non-Designated Processor Fee as determined by the dollars processed through the Non-Designated Processing Provider each month. Campminder reserves the right to increase the Non-Designated Processor Fee in its sole discretion effective upon 30 days prior written notice (email sufficient) to Licensee. Licensee acknowledges and agrees that Campminder shall have no liability or obligation with respect to the actions or failure to act of such Non-Designated Processing Provider and any merchant bank associated with it, and the breach or violation by such parties of any agreement with Licensee or Campminder, or their violation of any applicable state or federal laws, rules, or regulations (including, without limitation, PCI Standards).
3. SURCHARGE PROGRAM
If Licensee elects to charge a fee to one of its current or prospective customers for paying Licensee with a credit card (“Surcharge Program”), Licensee agrees to the following terms and conditions:
A.	Compliance. Licensee’s participation in the Surcharge Program and all amounts charged by Licensee shall be in accordance with card network rules and applicable state and federal law, including without limitation regarding the amount of the surcharge, notification to Licensee’s acquiring bank and the card brands, disclosures to consumers, that the surcharge amount is not charged separately, that the cardholder has the opportunity to cancel the transaction after the disclosures are made, and that surcharges will not be imposed on debit or prepaid card transactions. Licensee shall comply with, and shall be solely responsible for, all of the following (each of which as amended from time to time by relevant authority): (a) federal, state, and local laws and regulations; and (b) rules promulgated by any regulatory authority or any payment card network. Licensee shall not charge a surcharge in any jurisdiction in which such fee is prohibited. LICENSEE SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS WITH RESPECT TO THE SURCHARGE PROGRAM IN ACCORDANCE WITH SECTION 1(K) ABOVE.
b.	Disclaimer and Limitations of Liability. Campminder makes no warranty of any kind, express or implied, related to the Surcharge Program or CampMinder’s participation in any Surcharge Program, and Campminder expressly disclaims any and all representations and warranties, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, availability, legal compliance, and non-infringement. Licensee acknowledges and agrees that it assumes all risk with respect to any Surcharge Program and its business practices, and that it is responsible to ensure that it is compliant with all laws, regulations, rules, and industry standards applicable to any surcharge activity. Campminder will not be liable for any direct, indirect, incidental special, or consequential damages, however arising, even if Campminder has been advised of the possibility of such damages.
L. COUNTERPARTS
This Agreement may be executed by electronic signature, pdf or other electronic means in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument binding on the parties.
SCHEDULE A
BACKGROUND SEARCH SERVICES
Campminder may provide Licensee with the option of obtaining certain background check services selected from the options set forth in the applicable Software Product module from time to time (the “Services”). As a precondition to obtaining the Services, Licensee agrees to the terms and conditions set forth in (i) this Agreement including, in particular, this Schedule A, which incorporates the other provisions of this Agreement, except to the extent they conflict with this Schedule, and (ii) any “end user certification” and/or other documentation required by the background check fulfillment company that Campminder retains from time to time to provide the Services (the “Background Check Provider”). For these Services, Licensee agrees to pay the amount specified in the "check out window" from time to time, plus any additional fees incurred as a result of an automatically triggered additional search, as described in the checkout process. The provisions of this Schedule A shall control in the event of any conflict with any other provision of this Agreement, including the Schedules thereto.
1. WARRANTIES AND DISCLAIMER OF WARRANTIES REGARDING THE SERVICES.
Campminder warrants that Campminder will accurately communicate Licensee’s order to the Background Check Provider and will use commercially reasonable efforts to communicate the results provided within seven (7) business days of receiving them from the Background Check Provider. The warranty set forth in this section will become void unless Licensee reports any deficiencies in the Services provided under this Schedule A to Campminder in writing, within twenty-one (21) days after the performance of the Services.
Campminder’s entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at Campminder’s sole option, for Campminder to either (i) correct such nonconformity by re-performance of the Services found to be deficient, or (ii) refund the fees actually received by Campminder with respect to the deficient Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO THE BACKGROUND CHECK PROVIDER FOR PERFORMANCE OF THE SERVICES. CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY SUCH BACKGROUND CHECK PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. FURTHER, BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
CAMPMINDER MAKES NO REPRESENTATION THAT THE INFORMATION RETRIEVED FROM GOVERNMENTAL AND OTHER DATABASES AND REPORTED TO LICENSEE IN CONNECTION WITH THE SERVICES IS TRUE, CORRECT OR COMPLETE.
2. LIMITATION OF LIABILITY WITH RESPECT TO THE SERVICES.
Licensee acknowledges and agrees that it is Licensee’s exclusive responsibility to use the background search information provided by Campminder or the Background Check Provider in accordance with all applicable employment and other laws and that Campminder shall have no liability or responsibility related to or arising from Licensee’s illegal, unauthorized or improper use or disclosure of any background search information provided by Campminder or the Background Check Provider to Licensee.
EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE OR INTERNATIONAL DATA PROTECTION LAWS, CAMPMINDER’S AGGREGATE LIABILITY FOR ANY COSTS OR DAMAGES ARISING FROM ANY FAILURE OF CAMPMINDER TO CORRECTLY PROVIDE THE RESULTS OF THE RELEVANT SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR SUCH SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM ARISING. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE LAWS, IN NO EVENT SHALL CAMPMINDER BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE BACKGROUND SEARCH SERVICES OR THE INFORMATION PROVIDED BY CAMPMINDER TO LICENSEE.
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS WITH RESPECT TO BACKGROUND SEARCH SERVICES IN ACCORDANCE WITH SECTION 1(K) ABOVE.
SCHEDULE B
GENERAL SUPPORT AND CONSULTATION POLICIES
This Schedule B is part of, and incorporates the other provisions of this Agreement.
During the Term, Campminder will use commercially reasonable efforts to provide support and consultation by telephone and by Campminder’s electronic ticketing system to Licensee and Authorized Users in accordance with the following:
- Electronic Ticketing System Support – This is the most efficient way to submit and track support issues. Campminder strongly encourages Administrative Users to initiate all support requests through the Campminder Electronic Ticketing System. Electronic support is offered to all Authorized Users.
- Telephone Consultation - Campminder also provides Telephone Consultation to help resolve support issues. Telephone support is offered to Administrative Users.
The days and hours of operation for the above support and consultation can be found at https://legal.campminder.com.
Training
Campminder provides one training session for each Software Product module licensed to Licensee hereunder at no additional cost and in accordance with the training policies and procedures set forth at (https://legal.campminder.com) (“Training Policies and Procedures”). Training sessions are scheduled at mutually convenient times during Phone Support Hours. Each training session covers one or more specific Software Product modules and shall be conducted in accordance with the Training Policies and Procedures. Licensee will designate one Administrative User to act as a single point of contact as a training coordinator (the “Specialist”) for the Licensee. The Specialist is obligated to ensure that all training sessions are attended by the Licensee organization member deemed most appropriate to receive the training on the Software Product module. The same Administrative User may act as the designated Licensee member for multiple Software Product modules. Licensee acknowledges and agrees that any additional trainings beyond the initial training per Software Product module or for which Licensee does not adhere to the Training Policies and Procedures shall be provided at a rate of $165 per hour with a one hour minimum and which rates are subject to change from time to time. Licensee may designate one or more replacement Specialists in writing from time to time. Licensee agrees that all questions pertaining to a Software Product module shall initially be routed to the Specialist assigned to that particular Software Product module prior to contacting Campminder support.
Effective January 4th 2023 to January 24th 2023
DownloadTable of Contents
THIS MASTER LICENSE AGREEMENT ("AGREEMENT") GOVERNS THE USE OF AND ACCESS TO THE SERVICES PROVIDED BY CAMPMINDER, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("CAMPMINDER"), WHETHER IN CONNECTION WITH A SERVICE PLAN (AS DEFINED IN THE ORDER FORM) OR A FREE TRIAL OF THE SERVICES. This Agreement is effective as of the date the user ("Licensee" or "you") accepts it (the “Effective Date”). Individuals accepting this Agreement on behalf of their employer or another entity represent and warrant that: (i) they have full legal authority to bind their employer, or the applicable entity, to these terms and conditions; (ii) they have read and understand this Agreement; (iii) they agree, on behalf of the party that they represent to the terms of this Agreement, and (iv) they are at least 18 years of age.
OVERVIEW
Campminder desires to provide online access to certain of its proprietary Software Products to Licensee, and Licensee desires to access the Campminder proprietary Software Products, subject to the terms and conditions of this Agreement. The intended use of the Software Products is to help manage and administer Licensee’s own business.
DEFINITIONS
“Administrative User” shall mean an individual who is currently or proposed to be employed or retained by Licensee and designated by Licensee to manage and maintain the Licensee Data using the Software Products and services and the Campminder System.
"Authorized User" shall mean an individual who is either an Administrative User or a Community User. No one other than an Authorized User may access and use the Software Products.
“Community User” (formerly a "CampInTouch User") shall mean an individual who is a current, former or prospective staff member of Licensee, current or former event attendee of Licensee ("Attendee"), current or former camper of Licensee, or a parent, guest, legal guardian, or caregiver thereof, who is authorized under this Agreement to use the Software Products.
"Campminder System" shall mean the Software Products developed, deployed and delivered by Campminder, including, among other things, the underlying software and applications.
“Confidential Information” means all trade secrets, business and financial information, software, machine and operator instructions, business methods, procedures, know-how, and other information that relates to the business or technology of either party and is marked or identified as confidential or disclosed in circumstances that would lead a reasonable person to believe such information is confidential. Licensee's Confidential Information includes Licensee Data; Campminder's Confidential Information includes the Campminder System and the Software Products; and Confidential Information of each party includes the terms of this Agreement (including pricing). Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) is received from a third party, or known to the Receiving Party prior to its disclosure by the Disclosing Party, or (c) was independently developed by the Receiving Party.
“Data Protection Law” means all federal, state, local and foreign laws, statutes, regulations, rules, and official guidance applicable to the protection of Personal Data under this Agreement in all relevant jurisdictions.
“Licensee Data” shall mean all data (including but not limited to Personal Data) imported into the Campminder System or input into the Campminder System by Authorized Users of the Software Products.
“Order Form” shall mean the Campminder order form(s) that sets forth the Software Products, pricing information, payment information and such other terms and conditions, attached hereto and incorporated herein by this reference, and shall be subject to and governed by the terms and conditions of this Agreement. Unless otherwise terminated pursuant to this Agreement, each Order Form shall remain in full force and effect unless and until Licensee signs a new Order Form that specifically replaces such prior Order Form. Notwithstanding anything to the contrary contained herein, if Licensee has not signed an Order Form in connection with this Agreement related to its Software Products, pricing or payment terms and rather has signed a previous agreement with Campminder that includes a Schedule A (“Schedule A”) setting forth the Software Products and a Schedule E as amended with any price increases from time to time (“Scheduled E”) setting forth the pricing, payment terms and other terms and conditions, then the Licensee’s Schedule A and Schedule E shall remain in full force and effect and be deemed the Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth the Software Products and pricing, payment and other terms. Notwithstanding anything to the contrary contained herein, if Licensee has not signed an Order Form for Campminder’s photo, news, camper communication, and/or video system (“Summer Services”) in connection with this Agreement and rather has signed a previous agreement with Campminder that includes a Schedule E-1 or an Addendum (“Summer Services Schedule”) setting forth the Summer Services, pricing, payment and other related terms, then the Licensee’s Summer Services Schedule shall remain in full force and effect and be deemed to be included in the definition of Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth or replaces the Summer Services.
“Personal Data” means all information that Campminder receives from Licensee or Authorized Users in the course of this Agreement that identifies or can be used to identify any specific individual or otherwise concerns the personal circumstances of an identified individual and accordingly is protected under Data Protection Law. Personal Data includes without limitation “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), “Personal Data” as defined in Regulation (EU) 2016/679 (together with any national implementations thereof, “GDPR”), and “personal information” as defined under the Massachusetts Standards for the Protection of Personal Data of Residents of the Commonwealth (201 CMR 17.01 et seq.), and "personal information" as defined in the California Consumer Privacy Act of 2018.
“Software Products” shall refer to the then-current version (inclusive of any updates or modifications thereto) of those proprietary Campminder computer program modules and accompanying graphical user interfaces described in the Order Form to this Agreement.
“Third Party Service” shall mean a third party (e.g., non Campminder) product or service that interoperates with the Software Products and that Licensee or its Authorized Users may access in connection with using the Software Products, including by way of example and not limitation credit card, transaction and merchant processing (including but not limited to the services described in Section 2(K) of this Agreement), API access or background check services.
TERMS AND CONDITIONS
1. GRANT OF LICENSES AND RELATED RIGHTS
A. SCOPE OF LICENSES
1. GENERALLY
During the Term and subject to and conditioned upon Licensee's payment of Fees and compliance with all other terms and conditions of the Agreement, Campminder grants to Licensee, and Licensee accepts, a non-exclusive, revocable, nontransferable, limited right and license to access and use the Software Product modules specified in the applicable Order Form(s) solely for Licensee's own business purposes. Licensee shall prevent any unauthorized access to or use of the Software Products, and notify Campminder promptly of any such unauthorized access or use.
2. YOUR DATA; HOW CAMPMINDER MAY USE YOUR DATA
Except as otherwise agreed upon by Licensee and Campminder or set forth in this Agreement, as between Campminder and Licensee, all data input into the Campminder System by an Authorized User is considered Licensee Data owned by Licensee.
Campminder agrees that it will use commercially reasonable efforts to back-up Licensee’s Data in accordance with Campminder’s then current data backup policy. Licensee is solely responsible for the accuracy, quality and legality of Licensee Data and the means by which Licensee acquired the Licensee Data. Licensee may designate one or more Administrative Users who shall have limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting their use and disclosure of Confidential Information, including, but not limited to Licensee Data.
3. AUTHORIZED USERS TO ACCESS AND USE OUR SOFTWARE PRODUCTS
To access and use the Software Products, one must be an Authorized User. Each Authorized User shall be assigned a unique identifier to access the Software products (a "Login ID"). Licensee must protect and ensure the confidential nature of each Authorized User’s Login ID and password, as well as the Licensee Data. Licensee is solely responsible and liable for all uses of the Software Products, Licensee Data, and applicable documentation resulting from access provided by Licensee to any Authorized User or third party, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Campminder shall to require that each Authorized User contractually agrees to certain provisions as a precondition to use of the Campminder System, which provisions may be modified and supplemented from time to time, including without limitation, the then-current version of the Campminder Terms of Use (available at: https://legal.campminder.com/terms-of-service/) and the Campminder Privacy Policy (available at https://legal.campminder.com/privacy-policy/).
4. ACTS REGARDING OUR SOFTWARE PRODUCTS THAT ARE NOT PERMITTED
Licensee shall not, nor shall it permit any Authorized User or any other individual or entity to: (a) use or access the Software Products except as expressly permitted by this Agreement; (b) disassemble, decompile, or decrypt any applications, software, source code, or other computer language that provides or helps to provide functionality (including query results) in the Software Products, or that otherwise powers or comprises the Software Products; (c) remove, alter, cover, or obscure the copyright or other proprietary notices appearing in the Software Products; (d) alter, modify, or prepare derivative works based on any software or application accessible through the Software Products; (e) sell, license, rent or otherwise make available the Software Products or a Third Party Service to, or use any part of the Software Products or a Third Party Service for the benefit of, anyone other than Licensee or Authorized Users; (f) use the Software Products or a Third Party Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (g) use the Software Products or a Third Party Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; (h) use the Software Products or applicable documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, (i) interfere with or disrupt the integrity or performance of the Software Products or third-party data contained therein; (j) attempt to gain unauthorized access to the Software Products or its related systems; (k) access the Software Products in order to build or assist in building a competitive service or to benchmark with a non-Campminder service; (l) reverse engineer the Software Products; or (m) share credentials with or provide access to the Campminder System to users that are not Authorized Users.
B. CAMPMINDER'S WARRANTIES TO YOU AND CERTAIN DISCLAIMERS
Campminder warrants that the Software Products will perform substantially in accordance with the applicable and then-current Campminder documentation for the respective Software Products. THIS WARRANTY IS THE ONLY WARRANTY MADE BY CAMPMINDER WITH RESPECT TO THE CAMPMINDER SYSTEM OR THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 1(B) OF THIS AGREEMENT, THE CAMPMINDER SYSTEM IS PROVIDED "AS-IS" AND CAMPMINDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THIS WARRANTY: (A) IS CONTINGENT UPON LICENSEE’S USE OF THE SOFTWARE PRODUCTS IN COMPLIANCE WITH THE TERMS OF THIS AGREEMENT; (B) DOES NOT GUARANTEE EXECUTION OR OPERATION OF THE SOFTWARE PRODUCTS WITHOUT INTERRUPTIONS, BUGS, OR ERRORS, OR THAT ALL ERRORS WILL BE CORRECTED; (C) DOES NOT COVER ANY BREACHES TO THE EXTENT CAUSED BY THIRD PARTY HOSTING , INTERNET, OR OTHER THIRD PARTY SERVICE PROVIDERS OUTSIDE THE CONTROL OF CAMPMINDER; (D) DOES NOT APPLY TO LICENSEE DATA OR TO DATA (INCLUDING PERSONAL DATA) TO THE EXTENT THE INPUT, OUTPUT, ACCURACY, AND/OR SUITABILITY OF WHICH ARE MADE BY, OR UNDER CONTROL OF, LICENSEE OR AN AUTHORIZED USER; (E) DOES NOT GUARANTEE THAT THE SOFTWARE PRODUCTS AND/OR THE RELATED APPLICATIONS WILL MEET LICENSEE’S REQUIREMENTS OR OPERATE IN THE COMBINATIONS LICENSEE MAY SELECT OR USE; (F) IS VOID UPON ANY MATERIAL BREACH OF THIS AGREEMENT BY LICENSEE OR AN AUTHORIZED USER, OR UPON ANY ACCESS OR USE OF THE SOFTWARE PRODUCTS NOT PERMITTED BY THIS AGREEMENT; AND (G) WILL BECOME VOID IF THE ALLEGED BREACH IS NOT DULY REPORTED TO CAMPMINDER WITHIN FIFTEEN (15) DAYS AFTER LICENSEE BECOMES AWARE THEREOF. CAMPMINDER’S ENTIRE AND SOLE LIABILITY AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE, AT CAMPMINDER’S OPTION, FOR CAMPMINDER TO CORRECT SUCH NONCONFORMITY BY REPAIR, REPLACEMENT, RECONFIGURATION, OR SUITABLE WORKAROUND, OR TO TERMINATE THIS AGREEMENT AND REFUND THE PORTION OF THE LICENSE FEE ACTUALLY RECEIVED BY CAMPMINDER DIRECTLY RELATING TO THE NONCONFORMING SOFTWARE PRODUCTS IN THE PRIOR TWELVE (12) MONTH PERIOD TO THE CLAIM ARISING.
C. LIMITATION OF LIABILITY
EXCEPT FOR LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT LICENSEE’S PAYMENT OBLIGATIONS UNDER SECTION 1(D) OF THIS AGREEMENT. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO MAINTAIN A STORED BACKUP COPY OF LICENSEE’S DATA IN THE EVENT THAT THE SOFTWARE PRODUCTS ARE RENDERED UNAVAILABLE FOR ANY LENGTH OF TIME.
D. PAYMENT AND TAXES
Licensee shall pay Campminder the amounts (the "License Fee"), and at the times, specified in the Order Form for the license granted under Section 1(A)(1) of this Agreement and other products and services that Campminder may provide from time to time, including the Software Products. The License Fee may increase each year; provided Campminder provides you with at least thirty (30) days prior written notice via email or otherwise of the effective date of such increase. The parties acknowledge and agree that new products, new modules and new versions of the Campminder System shall not be limited by the price increases more specifically described herein. In addition, Licensee shall be responsible for any applicable taxes, including without limitation, any sales, use, levies, duties, excise or any value added or similar taxes ("Taxes") payable with respect to Licensee’s use of the Software Products and other goods and services provided to Licensee that are assessable by any local, state, provincial, federal, or foreign jurisdiction, other than taxes based upon Campminder's net income, assets, payroll, property and employees. Unless expressly specified otherwise in any Order Form, all fees, rates and estimates exclude Taxes. All amounts billed by Campminder are due within 30 days of the invoice date. Without limiting Campminder’s other remedies, if any payment owed by Licensee is unpaid more than 30 days from the invoice date, Campminder may (1) add late fees of 1.5% per month to the amount due, (2) accelerate Licensee’s fee obligations for the remaining term of this Agreement so that all such fees become immediately due and payable, and (3) suspend services, including, but not limited to, access to the Software Products, the Campminder System, the Licensee Data and general support, to Licensee until such amounts are paid in full. BY PROVIDING THE FOREGOING AND SIGNING THIS AGREEMENT AND ASSOCIATED ONBOARDING INFORMATION, LICENSEE, UNLESS OTHERWISE SET FORTH IN AN ORDER FORM, HEREBY AUTHORIZES CAMPMINDER TO WITHDRAW THE APPLICABLE AMOUNTS FROM LICENSEE’S BANK ACCOUNT IN ACCORDANCE WITH THIS AGREEMENT FROM THE EFFECTIVE DATE UNLESS LICENSEE ADVISES CAMPMINDER, IN WRITING WITHIN TEN (10) DAYS AFTER CAMPMINDER PROVIDES WRITTEN NOTICE OF ITS INTENT TO MAKE ANY SUCH WITHDRAWAL, THAT SUCH WITHDRAWAL IS NOT AUTHORIZED AND SETTING FORTH THE APPLICABLE REASONS.
E. TRAINING; CONSULTATION
During the Term, Campminder agrees to provide consultation via telephone and via Campminder’s electronic ticketing system regarding the use of the Campminder System to Authorized Users, at the hours and in the manner specified in Schedule B. Campminder shall use commercially reasonable efforts to respond to Licensee’s requests for assistance with reasonable care and speed. Licensee acknowledges that delays in response time may result from time to time because, among other things, (i) standard and emergency maintenance, (ii) a force majeure event, (iii) additional information is required from Licensee in order for Campminder to provide the information or resolution to address the Licensee request(s) and (iv) higher than expected call volume. Licensee also acknowledges that delays may result due to unforeseen technical and/or personnel problems encountered by Campminder. If Licensee requests additional consultation, Campminder may, but has not obligation to, provide such enhanced consultation at an additional fee in accordance with the Order Form.
F. PROPRIETARY RIGHTS AND LICENSES
Licensee acknowledges that, except for the limited rights and license expressly granted hereunder and the Licensee Data, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Licensee or any third party any intellectual property rights or other right, title, or interest in or to the Software Products, or in and to the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the Campminder System (other than Licensee's trademarks, trade names or proprietary graphics). All right, title, and interest in and to the Software Products, the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the Campminder System and the associated applications (other than Licensee's trademarks, trade names or proprietary graphics) and functionality of the Software Products are and shall remain Campminder's sole and exclusive property, and that the Software products shall not be used in any manner except as expressly permitted by this Agreement. Licensee grants to Campminder, its affiliates and applicable contractors a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use, distribute, reproduce, modify, and display the Licensee Data, as reasonably necessary for Campminder to (i) provide the Software Products and associated services (including access to Third Party Services) in accordance with this Agreement; (ii) evaluate and provide benchmarking, analytics and trends for Licensee and, on an aggregated basis, evaluate and provide trends, analytics, best practices, and benchmarking for Campminder, third parties and its other customers; (iii) improve the Software Products and associated services, and (iv) in connection with the analysis and monitoring of Licensee's and its Authorized Users' use of the Software Products and in connection with the legitimate, non-commercial business and information security operations of Campminder. Licensee grants to Campminder and its affiliates a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use and incorporate into Campminder’s and/or its affiliates’ services any suggestion, enhancement request, recommendation, correction or other feedback provided by Licensee or its Authorized Users relating to the operation of the Software Products, the Campminder System or Campminder’s services.
G. CONFIDENTIALITY OF INFORMATION
A Party that receives Confidential Information ("Receiving Party") disclosed by the other party ("Disclosing Party") agrees to keep such information confidential, and shall use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (and at least reasonable care) to (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
H. COMPLIANCE WITH LAWS AND REGULATIONS
Licensee shall comply with all applicable laws and regulations in connection with this Agreement including, without limitation, as to disclosure or use of all Licensee Data and all other information and materials which Campminder obtains on behalf of Licensee or Licensee’s campers, parents, staff, customers, event attendees and/or affiliated persons and entities.
I. PRIVACY AND DATA SECURITY
During the term of this Agreement, Campminder may receive or have access to Personal Data of Licensee. Campminder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for Campminder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee.
In the event the Parties must enter into any agreement or additional provisions to maintain compliance with any applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to Campminder, and will promptly advise Campminder if Licensee becomes or provides any information subject to HIPAA.
Campminder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by Campminder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then Campminder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
J. THIRD PARTY SERVICES
Licensee or its Authorized Users may use the Software Products to obtain one or more Third Party Services from providers that Campminder retains from time to time to provide that Third Party Service (each a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants Campminder permission to allow the Third Party Provider to access Licensee’s Data as required for the operation of that Third Party Service with the Software Products.
Campminder does not guarantee or warrant the continued availability of any Software Products features designed to operate with Third Party Services. Campminder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, including, without limitation, if the Third Party Provider ceases to make the Third Party Service available for operation with the Software Products in a manner acceptable to Campminder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE OPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE OPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by Campminder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES OR THE OPERATION OF SUCH THIRD PARTY SERVICES WITH THE SOFTWARE PRODUCTS. Without limiting the preceding sentence, Campminder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider or any associated liabilities, claims or damages. Licensee shall comply with the terms of service of any Third Party Service and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES.
If Licensee uses any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or Campminder to share Personal Data, which would specifically include, but not be limited to, biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
K. INDEMNIFICATION BY LICENSEE
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, LIABILITIES, CAUSES OF ACTION, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES), ARISING FROM, CAUSED BY OR RELATING TO (I) ANY BREACH OF THIS AGREEMENT BY LICENSEE OR ITS AUTHORIZED USERS, (II) ANY VIOLATION OF LAW BY LICENSEE OR ITS EMPLOYEES OR AGENTS, INCLUDING ANY DATA PROTECTION LAWS, (III) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LICENSEE; (IV) USE OF THE SOFTWARE PRODUCTS IN A MANNER NOT AUTHORIZED BY THIS AGREEMENT; (V) USE OF THE SOFTWARE PRODUCTS IN COMBINATION WITH DATA, SOFTWARE, HARDWARE, EQUIPMENT OR TECHNOLOGY NOT PROVIDED BY CAMPMINDER OR AUTHORIZED BY CAMPMINDER IN WRITING; (VI) LICENSEE'S USE OR DISCLOSURE OF BACKGROUND SEARCH INFORMATION PROVIDED BY CAMPMINDER; (VII) LICENSEE'S PRODUCTS, SERVICES, AND BUSINESS PRACTICES; (VIII) SURCHARGES CHARGED BY LICENSEE; OR (IX) MODIFICATIONS TO THE SOFTWARE OR SUBSCRIPTION NOT MADE BY CAMPMINDER.
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2. MISCELLANEOUS
A. BINDING EFFECT; ASSIGNMENT
This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person, other than the parties hereto and the indemnified parties, any rights, benefits or remedies of any nature whatsoever under this Agreement, and no other person shall be deemed a third-party beneficiary under this Agreement. Licensee shall not sell, transfer, lease, sublicense, assign, pledge, mortgage or otherwise dispose of any of the rights, privileges, duties, and obligations granted or imposed hereunder without Campminder’s prior consent. Notwithstanding anything to the contrary contained herein, Campminder may freely assign this Agreement, including, but not limited to any affiliate or subsidiary or to a third party pursuant to any acquisition, merger or change of control of Campminder.
B. ENTIRE AGREEMENT; SURVIVAL; AMENDMENT; WAIVER
This Agreement constitutes the entire agreement between Campminder and Licensee and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter hereof expressly including any license agreement between the parties. The provisions of the following sections, and the applicable schedules referred to therein, will survive the termination or expiration of this Agreement for any reason: Section 1(A)(2)-(3), 1(B), 1(C), 1(D), 1(G), 1(H), 1(I), 1(J) and 1(K) of this Agreement, and all of Section 2 except for Sections 2(C) and 2(F) of this Agreement. Unless otherwise expressly provided in this Agreement, no delay or omission on the part of any party in exercising any right or privilege under this Agreement shall operate as a waiver thereof, nor shall any waiver on the part of any party in exercising any right or privilege under this Agreement operate as a waiver of any other right or privilege under this Agreement nor shall any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under this Agreement. Notwithstanding anything to the contrary contained herein, Campminder reserves the right, in its sole discretion to make any changes to the Campminder System, Software Products or associated services (including Third Party Services) that it deems necessary or useful, including but not limited to: (a) maintain or enhance: (i) the quality or delivery of the Software Products to its customers; (ii) the competitive strength of or market for the Software Products; or (iii) the Software Products cost efficiency or performance; or (b) to comply with applicable laws or regulations. Campminder may modify or amend this Agreement at any time by posting access to details of any modifications or amendments to this Agreement at https://legal.campminder.com/mla/.
Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or made for legal or regulatory reasons will be effective immediately. If you don’t agree to any modified or amended terms in the Agreement, you must stop using the Services. Your continued use of the Software Products after the effective date of any changes constitutes your agreement to follow and be bound by such changes.
C. TERM OF THIS AGREEMENT
Unless otherwise specified in the applicable Order Form, this Agreement has an initial term of one year (the "Initial Term") and, following the Initial Term, shall automatically renew each year on the anniversary of the Effective Date (the “Anniversary Date”) for successive one (1) year periods unless terminated by either party on written notice at least ninety (90) days prior to an Anniversary Date (the “Term”). Other than as set forth in Sections 2(C) and 2(E) of this Agreement, this Agreement may not be terminated prior to the end of the Term. Upon the termination of this Agreement for any reason, Campminder will not provide any refunds of prepaid fees or unused License Fees, and Licensee will promptly pay all unpaid Fees or other charges due under all active Order Forms through the end of the Initial Term or any current Term. For CampInTouch Summer Services and Third Party Services, this includes the amount Campminder derived from the cancelled services in the prior camp season multiplied by the number of years remaining in the then-active term.
For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 of any subsequent year that it desires for the CampInTouch Summer Services contract to terminate. Notwithstanding anything to the contrary contained herein, Campminder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 of any subsequent year that it desires for the CampInTouch Summer Services contract to terminate. Notwithstanding anything to the contrary contained herein, Campminder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
D. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Each of the parties irrevocably and unconditionally agrees that any legal proceeding arising under or in connection with this Agreement except those seeking injunctive relief shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Licensee has read and understood this Agreement and has had the opportunity to consult with an attorney to the extent Licensee has deemed advisable. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
E. TERMINATION OF THIS AGREEMENT AND THE LICENSES GRANTED UNDER THIS AGREEMENT
Upon any material breach by Licensee, including, but not limited to, any breach of the restrictions on Software Products use contained herein, Campminder may terminate this Agreement and the license granted hereunder, or suspend Campminder’s services to Licensee until such breach is cured. Termination or suspension will not be exclusive of any other remedy available under this Agreement or applicable law. Upon termination of this Agreement for any reason whatsoever, (i) the license and right granted Licensee shall immediately cease and terminate, including all access to the Campminder System, (ii) Licensee shall immediately cease use of the Campminder System and Software Products and (iii) Licensee shall immediately make any payments due to Campminder. If this Agreement is terminated by Campminder in accordance with Section 2(E) of this Agreement, Licensee shall immediately pay any unpaid Fees covering the remainder of the Term of this Agreement. In no event will termination relieve Licensee of Licensee's obligation to pay an Fees payable to Campminder for the period prior to the effective date of termination.
F. TRIAL PERIOD; REFUNDS
During the first ninety (90) days after the Effective Date of your original master license agreement with Campminder (the “Trial Period”), Licensee may terminate this Agreement and receive a refund, upon notice to Campminder specifying the circumstances with as much detail as practical. Except as described in this Section 2(F) , the license fee is nonrefundable.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DURING THE TRIAL PERIOD THE SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
If this Agreement is terminated by Licensee during the Trial Period, Campminder shall refund in full the license fees paid under this Agreement. If this Agreement is terminated by Campminder in accordance with Section 2(E), Licensee shall immediately pay any unpaid fees covering the remainder of the term of this Agreement. In no event will termination relieve Licensee of Licensee’s obligation to pay any fees payable to Campminder for the period prior to the effective date of termination.
G. EFFECT OFOUTAGES AND ALTERNATIVE ACCESS
In the event of a failure or malfunction of the Campminder site for a continuous period of seventy-two hours or more such that Licensee cannot access Campminder for the purposes delineated herein (an “outage”), Campminder will use commercially reasonable efforts to provide alternative access to the Campminder System and Licensee Data. These steps may include, at Campminder’s option, using a different Internet host, data center or bandwidth provider. Notwithstanding anything contained herein to the contrary, Campminder shall not be liable for any delay or failure to perform its obligations due to and outage or to circumstances beyond Campminder's control, such circumstances to include, without limitation, natural disasters; terrorism; labor disputes; war; declaration of governments; transportation delays; data center, computer and/or network failures; power outages; acts of civil or military authorities; interruptions in third-party telecommunications or internet equipment or service; introduction of viruses, worms, time bombs or Trojan horses to the Campminder System, site or Software Products; acts of God; pandemic; epidemic; or misuse of the Campminder System or the Software Products by Licensee.
H. NOTICES
Any notices or other communications required or permitted hereunder shall be in writing and shall be sufficiently given if sent by overnight mail, registered mail or certified mail, postage prepaid, return receipt registered or by hand, to the parties at the addresses set forth above or such other address as either party provides with reasonable advance notice, and shall be effective upon delivery. In the event that Licensee’s address for notice changes during the Term, Licensee shall promptly provide Campminder with such new address in accordance with this Section 2(H) of this Agreement.
I. SEVERABILITY
If any provision of this Agreement shall be held invalid, illegal, unenforceable or void, such invalidity, illegality, unenforceability, or voidability will not affect any other terms or provision of this Agreement or Order Form or invalidate or render unenforceable such term or provision in any other jurisdiction and further a suitable and equitable provision shall be substituted therefore in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
J. USE OF LICENSEE NAME
Campminder shall be permitted to use Licensee’s name, and to generally disclose the services provided to Licensee hereunder, provided that Campminder does not disclose any Confidential Information relating to Licensee or its operations.
K. MERCHANT PROCESSING; CREDIT CARD DATA
During the term hereof, Campminder agrees to maintain Payment Card Industry Data Security Standards ("PCI Standards") compliance to the extent required by law in order to provide the services described under this Section 2(K) of this Agreement. Licensee is responsible for its individual PCI Standards compliance and annual validation to its credit card services provider. Except for data collected through (i) Campminder (or its affiliate or subsidiary), (ii) the merchant processing partner designated by Campminder, or (iii) in explicitly designated, PCI Standards compliant sections of the Software Products, Licensee shall not use the Software Products to collect or store credit card or bank account information of its users.
1. USE OF DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through Campminder, then Licensee shall do so by entering into a separate agreement with either (i) Campminder (or its affiliate or subsidiary) or (ii) the merchant processing partner designated by Campminder, which agreement shall contain such terms and conditions as Licensee and either (i) Campminder (or its affiliate or subsidiary) or (ii) such merchant processing partner agree upon from time to time, and provided further, if Licensee makes such election under this Section 2(K)(1), Licensee hereby authorizes Campminder to access and use the Licensee Data, including Licensee’s transaction records, statements, notices and other merchant processing data in the merchant processing partner’s back office platform and administrative and reporting tools and systems. Fees charged by payment processing providers may change from time to time upon thirty (30) days prior written notice. Licensee acknowledges and agrees that the merchant processing partner and merchant bank for the processing of credit card payments or ACH e-check payments are not affiliated with Campminder, have been designated by Campminder for the convenience of the Licensee, and Campminder shall have no liability or obligation with respect to the actions or failure to act of such merchant processing partner and merchant bank, and the breach or violation by such parties of any agreement with Licensee or Campminder, or their violation of any applicable state or federal laws, rules, or regulations (including, without limitation, PCI Standards).
2. USE OF NON-DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee desires to process credit card payments or ACH e-check payments through the Software Products but not through a merchant processing partner designated by Campminder (“Non-Designated Processing Provider”), then Licensee must get written consent from Campminder, which consent may be withheld in Campminder’s sole discretion. Provided that Licensee obtains such consent from Campminder, then Licensee may select such Non-Designated Processing Provider and process payments through such Non-Designated Processing Provider; provided Licensee enters into a separate agreement with such Non-Designated Processing Provider which agreement shall contain any and all such terms and conditions for the provision of credit card processing as Licensee and such Non-Designated Processing Provider agree upon from time to time.
In exchange for Campminder permitting the Licensee to utilize the Software Products with a Non-Designated Processing Provider, Licensee shall pay Campminder a fee (“Non-Designated Processor Fee”) which Non-Designated Processor Fee shall be a percentage of every dollar processed through the Non-Designated Processing Provider via the Software Products. At the end of each month, Campminder will invoice Licensee the Non-Designated Processor Fee as determined by the dollars processed through the Non-Designated Processing Provider each month. Campminder reserves the right to increase the Non-Designated Processor Fee in its sole discretion effective upon 30 days prior written notice (email sufficient) to Licensee. Licensee acknowledges and agrees that Campminder shall have no liability or obligation with respect to the actions or failure to act of such Non-Designated Processing Provider and any merchant bank associated with it, and the breach or violation by such parties of any agreement with Licensee or Campminder, or their violation of any applicable state or federal laws, rules, or regulations (including, without limitation, PCI Standards).
3. SURCHARGE PROGRAM
If Licensee elects to charge a fee to one of its current or prospective customers for paying Licensee with a credit card (“Surcharge Program”), Licensee agrees to the following terms and conditions:
A.	Compliance. Licensee’s participation in the Surcharge Program and all amounts charged by Licensee shall be in accordance with card network rules and applicable state and federal law, including without limitation regarding the amount of the surcharge, notification to Licensee’s acquiring bank and the card brands, disclosures to consumers, that the surcharge amount is not charged separately, that the cardholder has the opportunity to cancel the transaction after the disclosures are made, and that surcharges will not be imposed on debit or prepaid card transactions. Licensee shall comply with, and shall be solely responsible for, all of the following (each of which as amended from time to time by relevant authority): (a) federal, state, and local laws and regulations; and (b) rules promulgated by any regulatory authority or any payment card network. Licensee shall not charge a surcharge in any jurisdiction in which such fee is prohibited. LICENSEE SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS WITH RESPECT TO THE SURCHARGE PROGRAM IN ACCORDANCE WITH SECTION 1(K) ABOVE.
b.	Disclaimer and Limitations of Liability. Campminder makes no warranty of any kind, express or implied, related to the Surcharge Program or CampMinder’s participation in any Surcharge Program, and Campminder expressly disclaims any and all representations and warranties, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, availability, legal compliance, and non-infringement. Licensee acknowledges and agrees that it assumes all risk with respect to any Surcharge Program and its business practices, and that it is responsible to ensure that it is compliant with all laws, regulations, rules, and industry standards applicable to any surcharge activity. Campminder will not be liable for any direct, indirect, incidental special, or consequential damages, however arising, even if Campminder has been advised of the possibility of such damages.
L. COUNTERPARTS
This Agreement may be executed by electronic signature, pdf or other electronic means in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument binding on the parties.
SCHEDULE A
BACKGROUND SEARCH SERVICES
Campminder may provide Licensee with the option of obtaining certain background check services selected from the options set forth in the applicable Software Product module from time to time (the “Services”). As a precondition to obtaining the Services, Licensee agrees to the terms and conditions set forth in (i) this Agreement including, in particular, this Schedule A, which incorporates the other provisions of this Agreement, except to the extent they conflict with this Schedule, and (ii) any “end user certification” and/or other documentation required by the background check fulfillment company that Campminder retains from time to time to provide the Services (the “Background Check Provider”). For these Services, Licensee agrees to pay the amount specified in the "check out window" from time to time, plus any additional fees incurred as a result of an automatically triggered additional search, as described in the checkout process. The provisions of this Schedule A shall control in the event of any conflict with any other provision of this Agreement, including the Schedules thereto.
1. WARRANTIES AND DISCLAIMER OF WARRANTIES REGARDING THE SERVICES.
Campminder warrants that Campminder will accurately communicate Licensee’s order to the Background Check Provider and will use commercially reasonable efforts to communicate the results provided within seven (7) business days of receiving them from the Background Check Provider. The warranty set forth in this section will become void unless Licensee reports any deficiencies in the Services provided under this Schedule A to Campminder in writing, within twenty-one (21) days after the performance of the Services.
Campminder’s entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at Campminder’s sole option, for Campminder to either (i) correct such nonconformity by re-performance of the Services found to be deficient, or (ii) refund the fees actually received by Campminder with respect to the deficient Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO THE BACKGROUND CHECK PROVIDER FOR PERFORMANCE OF THE SERVICES. CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY SUCH BACKGROUND CHECK PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. FURTHER, BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
CAMPMINDER MAKES NO REPRESENTATION THAT THE INFORMATION RETRIEVED FROM GOVERNMENTAL AND OTHER DATABASES AND REPORTED TO LICENSEE IN CONNECTION WITH THE SERVICES IS TRUE, CORRECT OR COMPLETE.
2. LIMITATION OF LIABILITY WITH RESPECT TO THE SERVICES.
Licensee acknowledges and agrees that it is Licensee’s exclusive responsibility to use the background search information provided by Campminder or the Background Check Provider in accordance with all applicable employment and other laws and that Campminder shall have no liability or responsibility related to or arising from Licensee’s illegal, unauthorized or improper use or disclosure of any background search information provided by Campminder or the Background Check Provider to Licensee.
EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE OR INTERNATIONAL DATA PROTECTION LAWS, CAMPMINDER’S AGGREGATE LIABILITY FOR ANY COSTS OR DAMAGES ARISING FROM ANY FAILURE OF CAMPMINDER TO CORRECTLY PROVIDE THE RESULTS OF THE RELEVANT SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR SUCH SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM ARISING. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE LAWS, IN NO EVENT SHALL CAMPMINDER BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE BACKGROUND SEARCH SERVICES OR THE INFORMATION PROVIDED BY CAMPMINDER TO LICENSEE.
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS WITH RESPECT TO BACKGROUND SEARCH SERVICES IN ACCORDANCE WITH SECTION 1(K) ABOVE.
SCHEDULE B
GENERAL SUPPORT AND CONSULTATION POLICIES
This Schedule B is part of, and incorporates the other provisions of this Agreement.
During the Term, Campminder will use commercially reasonable efforts to provide support and consultation by telephone and by Campminder’s electronic ticketing system to Licensee and Authorized Users in accordance with the following:
- Electronic Ticketing System Support – This is the most efficient way to submit and track support issues. Campminder strongly encourages Administrative Users to initiate all support requests through the Campminder Electronic Ticketing System. Electronic support is offered to all Authorized Users.
- Telephone Consultation - Campminder also provides Telephone Consultation to help resolve support issues. Telephone support is offered to Administrative Users.
The days and hours of operation for the above support and consultation can be found at https://legal.campminder.com.
Training
Campminder provides one training session for each Software Product module licensed to Licensee hereunder at no additional cost and in accordance with the training policies and procedures set forth at (https://legal.campminder.com) (“Training Policies and Procedures”). Training sessions are scheduled at mutually convenient times during Phone Support Hours. Each training session covers one or more specific Software Product modules and shall be conducted in accordance with the Training Policies and Procedures. Licensee will designate one Administrative User to act as a single point of contact as a training coordinator (the “Specialist”) for the Licensee. The Specialist is obligated to ensure that all training sessions are attended by the Licensee organization member deemed most appropriate to receive the training on the Software Product module. The same Administrative User may act as the designated Licensee member for multiple Software Product modules. Licensee acknowledges and agrees that any additional trainings beyond the initial training per Software Product module or for which Licensee does not adhere to the Training Policies and Procedures shall be provided at a rate of $165 per hour with a one hour minimum and which rates are subject to change from time to time. Licensee may designate one or more replacement Specialists in writing from time to time. Licensee agrees that all questions pertaining to a Software Product module shall initially be routed to the Specialist assigned to that particular Software Product module prior to contacting Campminder support.
Effective December 23rd 2020 to January 4th 2023
DownloadTable of Contents
THIS MASTER LICENSE AGREEMENT ("AGREEMENT") GOVERNS YOUR USE OF AND ACCESS TO THE SERVICES PROVIDED BY CAMPMINDER, LLC , A DELAWARE LIMITED LIABILITY COMPANY ("CAMPMINDER"), WHETHER IN CONNECTION WITH A SERVICE PLAN (AS DEFINED IN THE ORDER FORM) OR A FREE TRIAL OF THE SERVICES. This Agreement is effective as of the date you accept it (the “Effective Date”). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. You represent that you are at least 18 years of age.
OVERVIEW
CampMinder provides an online service that allows Authorized Users to submit input and obtain results using one or more of CampMinder’s various Software Products. The intended use of the Software Products is to help manage and administer Licensee’s business (the “Business”).
DEFINITIONS
“Administrative User” shall mean an individual who is currently or proposed to be employed or retained by Licensee and designated by Licensee to manage and maintain the Licensee Data using CampMinder’s services.
"Authorized User" shall mean an individual who is either an Administrative User or a CampInTouch User.
“CampInTouch User” shall mean an individual who is a current, former or prospective staff member of Licensee, current or former camper of Licensee, or a parent, guest, legal guardian, or caregiver thereof, who is authorized under this Agreement to use the Software Products. No one other than an Authorized User may access and use the Software Products.
"CampMinder System" shall mean the CampMinder Software Products (including the Online Forms) developed, deployed and delivered by CampMinder, including, among other things, underlying software and applications.
“Confidential Information” means all trade secrets, business and financial information, software, machine and operator instructions, business methods, procedures, know-how, and other information that relates to the business or technology of either party and is marked or identified as confidential, or disclosed in circumstances that would lead a reasonable person to believe such information is confidential. For avoidance of doubt, the CampMinder System is CampMinder Confidential Information.
“Data Protection Law” means all federal, state, local and foreign laws, statutes, regulations, rules, and official guidance applicable to the protection of Personal Data under this Agreement in all relevant jurisdictions.
“Licensee Data” shall mean all data (including but not limited to Personal Data) imported into the CampMinder System or input into the CampMinder System by Authorized Users of the Software Products.
“Online Forms” shall mean the Software Products which permit CampInTouch Users to input data.
“Order Form” shall mean the CampMinder order form that sets forth the Software Products, payment information and such other terms and conditions, attached hereto and incorporated herein by this reference, and shall be subject to and governed by the terms and conditions of this Agreement. Each Order Form shall remain in full force and effect unless and until Licensee signs a new Order Form that specifically replaces such prior Order Form. Notwithstanding anything to the contrary contained herein, if a Licensee has not signed an Order Form in connection with this Agreement related to its Software Products, pricing or payment terms and rather has signed a previous agreement with CampMinder that includes a Schedule A (“Schedule A”) setting forth the Software Products and a Schedule E as amended with any price increases from time to time (“Scheduled E”) setting forth the pricing, payment terms and other terms and conditions, then the Licensee’s Schedule A and Schedule E shall remain in full force and effect and be deemed the Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth the Software Products and pricing, payment and other terms. Further, notwithstanding anything to the contrary contained herein, if a Licensee has not signed an Order Form for CampMinder’s photo, news, camper communication, and/or video system (“Summer Services”) in connection with this Agreement and rather has signed a previous agreement with CampMinder that includes a Schedule E-1 or an Addendum (“Summer Services Schedule”) setting forth the Summer Services, pricing, payment and other related terms, then the Licensee’s Summer Services Schedule shall remain in full force and effect and be deemed to be included in the definition of Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth or replaces the Summer Services.
“Personal Data” means all information that CampMinder receives from Licensee or Authorized Users in the course of this Agreement that identifies or can be used to identify any specific individual or otherwise concerns the personal circumstances of an identified individual and accordingly is protected under Data Protection Law. Personal Data includes without limitation “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), “Personal Data” as defined in Regulation (EU) 2016/679 (together with any national implementations thereof, “GDPR”), and “personal information” as defined under the Massachusetts Standards for the Protection of Personal Data of Residents of the Commonwealth (201 CMR 17.01 et seq.).
“Software Products” shall refer to the then-current version (inclusive of any updates or modifications thereto) of those computer program modules and accompanying graphical user interfaces described in Order Form to this Agreement.
“Third Party Service” shall mean a third party (non CampMinder) product or service that interoperates with the Software Products and that Licensee or its Authorized Users may access in connection with using the Software Products, including by way of example and not limitation credit card, transaction and merchant processing (including but not limited to the services described in Section 2(K) of this Agreement), API access or background check services.
TERMS AND CONDITIONS
1. GRANT OF LICENSES AND RELATED RIGHTS
A. SCOPE OF LICENSES
1. GENERALLY
During the Term, CampMinder grants to Licensee, and Licensee accepts, a non-exclusive, revocable, nontransferable, limited license on the terms set forth herein to access and use the Software Products only with the CampMinder modules specified by Licensee from among those listed in Order Form. Licensee shall prevent unauthorized access to or use of the Software Products, and notify CampMinder promptly of any such unauthorized access or use.
As between CampMinder and Licensee, all data input into the CampMinder System by an Authorized User is considered Licensee Data owned by Licensee, except as otherwise agreed upon by Licensee and CampMinder or as otherwise set forth in this Agreement. CampMinder acknowledges that Licensee Data is valuable property of Licensee, and CampMinder warrants that it will use commercially reasonable efforts to back-up Licensee’s data in accordance with CampMinder’s then current data backup policy. Licensee is solely responsible for the accuracy, quality and legality of Licensee Data and the means by which Licensee acquired the Licensee Data. Licensee may designate one or more Administrative Users who shall have limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that, except for the limited license expressly granted hereunder and the Licensee Data, all right, title, and interest in and to the Software Products and the associated applications and functionality of the Software Products are and shall remain CampMinder's sole and exclusive property, and that the Software Products shall not be used in any manner except as expressly permitted by this Agreement.
2. AUTHORIZED USERS
To access and use the Software Products, one must be an Authorized User. Licensee must protect and ensure the confidential nature of each Authorized User’s Login ID and password, as well as the Licensee Data and Licensee is solely responsible for the use of Each Authorized User’s Login ID and password. Licensee shall designate one or more Administrative Users and shall allow such Administrative Users limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that CampMinder intends to require each Authorized User to contractually agree to certain provisions as a precondition to use of the CampMinder System, which provisions may be modified and supplemented from time to time, including without limitation, the then-current version of the CampMinder Terms of Use (available at: https://legal.campminder.com/terms-of-service/) and the CampMinder Privacy Policy (available at https://legal.campminder.com/privacy-policy/).
3. PROHIBITED ACTS
Licensee shall not, nor shall it permit any Authorized User or any other individual or entity to: (a) use or access the Software Products except as expressly permitted by this Agreement; (b) disassemble, decompile, or decrypt any applications, software, source code, or other computer language that provides or helps to provide functionality (including query results) in the Software Products, or that otherwise powers or comprises the Software Products; (c) remove, alter, cover, or obscure the copyright or other proprietary notices appearing in the Software Products; (d) alter, modify, or prepare derivative works based on any software or application accessible through the Software Products; (e) sell, license, rent or otherwise make available the Software Products or a Third Party Service to, or use any part of the Software Products or a Third Party Service for the benefit of, anyone other than Licensee or Authorized Users; (f) use the Software Products or a Third Party Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (g) use the Software Products or a Third Party Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; (h) interfere with or disrupt the integrity or performance of the Software Products or third-party data contained therein; (i) attempt to gain unauthorized access to the Software Products or its related systems; (j) access the Software Products in order to build or assist in building a competitive service or to benchmark with a non-CampMinder service; (k) reverse engineer the Software Products (to the extent such restriction is permitted by law); or (l) share credentials or any kind of access to the CampMinder System with users outside Licensee’s organization.
B. CAMPMINDER'S WARRANTIES AND DISCLAIMERS
CampMinder warrants that the Software Products will perform substantially in accordance with the applicable documentation for the respective Software Products. THIS WARRANTY IS THE ONLY WARRANTY MADE BY CAMPMINDER WITH RESPECT TO THE CAMPMINDER SYSTEM OR THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CAMPMINDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. FURTHER, THE WARRANTY SET FORTH ABOVE: (A) IS CONTINGENT UPON LICENSEE’S PROPER USE OF THE SOFTWARE PRODUCTS AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT; (B) DOES NOT GUARANTEE EXECUTION OR OPERATION OF THE SOFTWARE PRODUCTS WITHOUT INTERRUPTIONS, BUGS, OR ERRORS, OR THAT ALL ERRORS WILL BE CORRECTED; (C) DOES NOT COVER ANY BREACHES TO THE EXTENT CAUSED BY THIRD PARTY HOSTING , INTERNET, OR OTHER THIRD PARTY SERVICE PROVIDERS OUTSIDE THE CONTROL OF CAMPMINDER; (D) DOES NOT APPLY TO LICENSEE DATA OR TO DATA (INCLUDING PERSONAL DATA) TO THE EXTENT THE INPUT, OUTPUT, ACCURACY, AND/OR SUITABILITY OF WHICH ARE MADE BY, OR UNDER CONTROL OF, LICENSEE OR AN AUTHORIZED USER; (E) DOES NOT GUARANTEE THAT THE SOFTWARE PRODUCTS AND/OR THE RELATED APPLICATIONS WILL MEET LICENSEE’S REQUIREMENTS OR OPERATE IN THE COMBINATIONS LICENSEE MAY SELECT OR USE; (F) IS AUTOMATICALLY AND IMMEDIATELY VOID UPON ANY MATERIAL BREACH OF THIS AGREEMENT BY LICENSEE OR AN AUTHORIZED USER, OR UPON ANY ACCESS OR USE OF THE SOFTWARE PRODUCTS NOT PERMITTED BY THIS AGREEMENT; AND (G) WILL BECOME VOID IF THE ALLEGED BREACH IS NOT DULY REPORTED TO CAMPMINDER WITHIN FIFTEEN (15) DAYS AFTER LICENSEE BECOMES AWARE THEREOF. CAMPMINDER’S ENTIRE LIABILITY AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE, AT CAMPMINDER’S OPTION, FOR CAMPMINDER TO CORRECT SUCH NONCONFORMITY BY REPAIR, REPLACEMENT, RECONFIGURATION, OR SUITABLE WORKAROUND, OR TO TERMINATE THIS AGREEMENT AND REFUND THE PORTION OF THE LICENSE FEE ACTUALLY RECEIVED BY CAMPMINDER DIRECTLY RELATING TO THE NONCONFORMING SOFTWARE PRODUCTS IN THE PRIOR TWELVE (12) MONTH PERIOD TO THE CLAIM ARISING.
C. LIMITATION OF LIABILITY
EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT LICENSEE’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION BELOW. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO MAINTAIN A STORED BACKUP COPY OF LICENSEE’S DATA IN THE EVENT THAT THE SOFTWARE PRODUCTS ARE RENDERED UNAVAILABLE FOR ANY LENGTH OF TIME.
D. PAYMENT AND TAXES
Licensee shall pay CampMinder the amounts, and at the times, specified in the Order Form for the license granted under Section 1(a)(1) hereof and other products and services that CampMinder may provide from time to time, including the Software Products. The license fee may increase each year to account for inflation, development enhancements, increased costs of doing business, and otherwise; provided CampMinder provides you with at least thirty (30) days prior written notice (email sufficient). The parties acknowledge and agree that new products, new modules and new versions of the CampMinder System shall not be limited by the price increases more specifically described herein. In addition, Licensee shall be responsible for any applicable taxes, including without limitation, any sales, use, levies, duties, or any value added or similar taxes payable with respect to Licensee’s Order Form for Software Products and other services, assessable by any local, state, provincial, federal, or foreign jurisdiction. Unless expressly specified otherwise in any Order Form, all fees, rates and estimates exclude sales taxes. CampMinder is solely responsible for taxes based upon CampMinder’s net income, assets, payroll, property, and employees. All amounts billed by CampMinder are due within 30 days of the invoice date. Unless otherwise set forth in an Order Form, CampMinder is hereby irrevocably authorized to withdraw the invoice amount from Licensee’s funds on or after the specified payment date, unless Licensee advises CampMinder in writing within ten days after receiving the invoice that such withdrawal is not authorized, setting forth the applicable reasons. Without limiting CampMinder’s other remedies, if any payment owed by Licensee is unpaid more than 30 days from the invoice date, CampMinder may (1) add late fees of 1.5% per month to the amount due, (2) accelerate Licensee’s fee obligations for the remaining term of this Agreement so that all such fees become immediately due and payable, and (3) suspend services, including but not limited to access to the Software Products, the CampMinder System, the Licensee Data and general support, to Licensee until such amounts are paid in full. BY PROVIDING THE FOREGOING AND SIGNING AND RETURNING THE AGREEMENT AND ASSOCIATED ONBOARDING INFORMATION, LICENSEE, UNLESS OTHERWISE SET FORTH IN AN ORDER FORM, HEREBY AUTHORIZES CAMPMINDER TO WITHDRAW THE APPLICABLE AMOUNTS FROM LICENSEE’S CHECKING ACCOUNT IN ACCORDANCE WITH THIS AGREEMENT FROM THE EFFECTIVE DATE UNLESS LICENSEE ADVISES CAMPMINDER, IN WRITING WITHIN TEN (10) DAYS AFTER CAMPMINDER PROVIDES WRITTEN NOTICE OF ITS INTENT TO MAKE ANY SUCH WITHDRAWAL, THAT SUCH WITHDRAWAL IS NOT AUTHORIZED AND SETTING FORTH THE APPLICABLE REASONS
E. TRAINING; CONSULTATION
CampMinder agrees to provide consultation via telephone and via CampMinder’s electronic ticketing system regarding the use of the CampMinder System to Authorized Users, at the hours and in the manner, specified in Schedule B. CampMinder shall use commercially reasonable efforts to respond to Licensee’s requests for assistance with reasonable care and speed. Licensee acknowledges that delays in response time may result from time to time because, among other things, CampMinder requires additional information from Licensee in order to provide the information or resolution to address the Licensee request(s). Licensee also acknowledges that delays may result due to unforeseen technical and/or personnel problems encountered by CampMinder. If CampMinder determines that Licensee's requests for consultation are excessive in scope of hours, frequency of consultation, speed of resolution or otherwise, CampMinder shall notify Licensee and may, but has no obligation to, provide enhanced consultation at an additional fee in accordance with Order Form.
F. PROPRIETARY RIGHTS AND LICENSES
Subject to the limited rights expressly granted under this Agreement, CampMinder and its licensors reserve all right, title and interest in and to the Software Products, and in and to the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the CampMinder System, including all related intellectual property rights. No rights are granted to Licensee under this Agreement except as expressly set forth herein. Licensee grants to CampMinder, its affiliates and applicable contractors a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use, distribute, reproduce, modify, and display the Licensee Data, as reasonably necessary for CampMinder to (i) provide the Software Products and associated services (including access to Third Party Services) in accordance with this Agreement; (ii) evaluate and provide benchmarking, analytics and trends for Licensee and, on an aggregated basis, evaluate and provide trends, analytics, best practices, and benchmarking for CampMinder, third parties and its other customers; and (iii) improve the Software Products and associated services. Except for the limited license granted herein, no rights in Licensee Data are granted to CampMinder under this Agreement. Licensee grants to CampMinder and its affiliates a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use and incorporate into CampMinder’s and/or its affiliates’ services any suggestion, enhancement request, recommendation, correction or other feedback provided by Licensee or its Authorized Users relating to the operation of the Software Products or CampMinder’s services.
G. CONFIDENTIALITY
“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Licensee’s Confidential Information includes Licensee Data; CampMinder’s Confidential Information includes the Software Products; and Confidential Information of each party includes the terms of this Agreement (including pricing). Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) is received from a third party, or known to the Receiving Party prior to its disclosure by the Disclosing Party, without breach of any obligation owed to the Disclosing Party, or (c) was independently developed by the Receiving Party.
The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (and at least reasonable care) to (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
H. COMPLIANCE WITH LAWS AND REGULATIONS
Licensee shall comply with all applicable laws and regulations in connection with this Agreement including, without limitation, as to disclosure or use of all information and materials which CampMinder obtains on behalf of Licensee or Licensee’s campers, parents, staff, customers and/or affiliated persons and entities.
I. PRIVACY AND DATA SECURITY
During the course of the Agreement, CampMinder may receive or have access to Personal Data of Licensee. CampMinder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for CampMinder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee.
In the event the Parties must enter into any agreement or additional provisions to maintain compliance with all applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to CampMinder, and will promptly advise CampMinder if Licensee becomes or provides any information subject to HIPAA.
CampMinder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by CampMinder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then CampMinder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
J. THIRD PARTY SERVICES
Licensee or its Authorized Users may use the Software Products to obtain one or more Third Party Services from the provider that CampMinder retains from time to time to provide that Third Party Service (a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants CampMinder permission to allow the Third Party Provider to access Licensee’s Data as required for the interoperation of that Third Party Service with the Software Products.
CampMinder does not guarantee or warrant the continued availability of any Software Products features designed to interoperate with Third Party Services. CampMinder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, if for example and without limitation, the Third Party Provider ceases to make the Third Party Service available for interoperation with the Software Products in a manner acceptable to CampMinder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by CampMinder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES. Without limiting the preceding sentence, CampMinder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider. Licensee shall comply with the terms of service of any Third Party Service with which Licensee uses the Software Products, and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES.
If Licensee uses any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or CampMinder to share Personal Data, which would specifically include biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
K. INDEMNIFICATION
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY LIABILITY, COST OR EXPENSE (INCLUDING ATTORNEY’S FEES), ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT BY LICENSEE OR ITS AUTHORIZED USERS.
2. MISCELLANEOUS
A. BINDING EFFECT; ASSIGNMENT
This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person, other than the parties hereto and the indemnified parties, any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement, and no other person shall be deemed a third-party beneficiary under or by reason of this Agreement. Licensee shall not sell, transfer, lease, assign, pledge, mortgage or otherwise dispose of any of the rights, privileges, duties, and obligations granted or imposed hereunder without CampMinder’s prior consent. Notwithstanding anything to the contrary contained herein, CampMinder may freely assign this Agreement to any affiliate or subsidiary or to a third party pursuant to any acquisition, merger or change of control of CampMinder.
B. ENTIRE AGREEMENT; SURVIVAL; AMENDMENT; WAIVER
This Agreement constitutes the entire agreement between CampMinder and Licensee and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter hereof expressly including any license agreement between the parties. The provisions of the following sections, and the applicable schedules referred to therein, will survive the termination or expiration of this Agreement for any reason: Section 1(a) (3), 1(c), 1(g), 1(h), 1(i), and Section 2 all except (c) and (f). Unless otherwise expressly provided in this Agreement, no delay or omission on the part of any party in exercising any right or privilege under this Agreement shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right under this Agreement operate as a waiver of any other right or privilege under this Agreement nor shall any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under this Agreement. Notwithstanding anything to the contrary contained herein, CampMinder reserves the right, in its sole discretion to make any changes to the Software Products or associated services (including Third Party Services) that it deems necessary or useful, including but not limited to: (a) maintain or enhance: (i) the quality or delivery of the Software Products to its customers; (ii) the competitive strength of or market for the Software Products; or (iii) the Software Products cost efficiency or performance; or (b) to comply with applicable laws or regulations. CampMinder may modify or amend this Agreement at any time by posting access to details of any modifications or amendments to this Agreement at https://legal.campminder.com/mla/.
Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or made for legal reasons will be effective immediately. If you don’t agree to any modified or amended terms in the Agreement, you must stop using the Services. Your continued use of the Software Products after the effective date of any changes constitutes your agreement to follow and be bound by such changes.
C. TERM
This agreement has an initial term of one year, and it shall automatically renew each year on the anniversary of the Effective Date (the “Anniversary Date”) for successive one (1) year periods unless terminated by either party on written notice at least ninety (90) days prior to an Anniversary Date (the “Term”). For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 that it desires for the CampInTouch Summer Services contract to terminate.” . Notwithstanding anything to the contrary contained herein, CampMinder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
D. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Each of the parties irrevocably and unconditionally agrees that any legal proceeding arising under or in connection with this Agreement except those seeking injunctive relief shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Licensee has read and understood this Agreement and has consulted with an attorney to the extent Licensee has deemed advisable. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
E. TERMINATION
Upon any material breach by Licensee, including, but not limited to, any breach of the restrictions on Software Products use contained herein, CampMinder may terminate this Agreement and the license granted hereunder, or suspend CampMinder’s services to Licensee until such breach is cured. Termination or suspension will not be exclusive of any other remedy available under this Agreement or applicable law. Upon termination of this Agreement for any reason whatsoever, (i) the license granted Licensee shall immediately cease and terminate, (ii) Licensee shall immediately cease use of the Software Products and (iii) Licensee shall immediately make any payments due to CampMinder.
F. TRIAL PERIOD; REFUNDS
During the first ninety (90) days after the Effective Date of your original master license agreement with CampMinder (the “Trial Period”), Licensee may terminate this Agreement and receive a refund, upon notice to CampMinder specifying the circumstances with as much detail as practical. Except as described in this Sections 2(C) and 2(F), the license fee is nonrefundable.
NOTWITHSTANDING SECTION 1.B OR ANYTHING TO THE CONTRARY CONTAINED HEREIN, DURING THE TRIAL PERIOD THE SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
If this Agreement is terminated by Licensee during the Trial Period, CampMinder shall refund in full the license fees paid under this Agreement. If this Agreement is terminated by CampMinder in accordance with Section 2(E), Licensee shall immediately pay any unpaid fees covering the remainder of the term of this Agreement. In no event will termination relieve Licensee of Licensee’s obligation to pay any fees payable to CampMinder for the period prior to the effective date of termination.
G. OUTAGES; ALTERNATIVE ACCESS
In the event of a failure or malfunction of the CampMinder site for a continuous period of seventy-two hours or more such that Licensee cannot access CampMinder for the purposes delineated herein (an “outage”), CampMinder will use commercially reasonable efforts to provide alternative access to the CampMinder System and Licensee Data. These steps may include, at CampMinder’s option, using a different Internet host, data center or bandwidth provider. Any delays or failure in performance by any party under this Agreement shall not be considered a breach of this Agreement if, and to the extent, caused by occurrences beyond the reasonable control of the party affected, including, but not limited to, acts of God, governmental restrictions, data center outages, power outages, fire, flood, explosion or the like.
H. NOTICES
Any notices or other communications required or permitted hereunder shall be in writing and shall be sufficiently given if sent by overnight mail, registered mail or certified mail, postage prepaid, by facsimile (with receipt confirmed telephonically) or by hand, to the parties at the addresses set forth above or such other address as either party provides with reasonable advance notice. In the event that Licensee’s address for notice changes during the Term, Licensee shall promptly provide CampMinder with such new address in accordance with this Section 2(H) of this Agreement.
I. SEVERABILITY
If any provision of this Agreement shall be held invalid, unenforceable or void, a suitable and equitable provision shall be substituted therefore in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
J. USE OF LICENSEE NAME
CampMinder shall be permitted to use Licensee’s name, and to generally disclose the services provided to Licensee hereunder, provided that CampMinder does not disclose any Confidential Information relating to Licensee or its operations
K. MERCHANT PROCESSING; CREDIT CARD DATA
During the term hereof, CampMinder agrees to maintain PCI compliance to the extent required by law in order to provide the services described under this Section 2(K) of this Agreement. Licensee is responsible for its individual PCI compliance and annual validation to its credit card services provider. Except for data collected through (i) CampMinder (or its affiliate or subsidiary), (ii) the merchant processing partner designated by CampMinder, or (iii) in explicitly designated, PCI compliant sections of the Software Products, Licensee shall not under any circumstances use the Software Products to collect or store credit card or bank account information of its users.
1. USE OF DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through CampMinder, then Licensee shall do so by entering into a separate agreement with either (i) CampMinder (or its affiliate or subsidiary) or (ii) the merchant processing partner designated by CampMinder, which agreement shall contain such terms and conditions as Licensee and either (i) CampMinder (or its affiliate or subsidiary) or (ii) such merchant processing partner agree upon from time to time, and provided further, if Licensee makes such election under this Section 2(K)(1), Licensee hereby authorizes CampMinder to access and use the Licensee Data, including Licensee’s transaction records, statements, notices and other merchant processing data in the merchant processing partner’s back office platform and administrative and reporting tools and systems. Fees charged by payment processing providers may change from time to time upon thirty (30) days prior written notice.
2. USE OF NON-DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee desires to process credit card payments or ACH e-check payments through the Software Products but not through a merchant processing partner designated by CampMinder (“Non-Designated Processing Provider”), then Licensee must get written consent from CampMinder, which consent may be withheld in CampMinder’s sole discretion. Provided that Licensee obtains such consent from CampMinder, then Licensee may select such Non-Designated Processing Provider and process payments through such Non-Designated Processing Provider; provided Licensee enters into a separate agreement with such Non-Designated Processing Provider which agreement shall contain any and all such terms and conditions for the provision of credit card processing as Licensee and such Non-Designated Processing Provider agree upon from time to time.
In exchange for CampMinder permitting the Licensee to utilize the Software Products with a Non-Designated Processing Provider, Licensee shall pay CampMinder a convenience fee (“Convenience Fee”) which Convenience Fee shall be a percentage of every dollar processed through the Non-Designated Processing Provider via the Software Products as set forth in an Order Form. At the end of each month, CampMinder will invoice Licensee the Convenience Fee as determined by the dollars processed through the Non-Designated Processing Provider each month. CampMinder reserves the right to increase the Convenience Fee in its sole discretion effective upon notice to Licensee.
3. SURCHARGE PROGRAM
If Licensee elects to charge a fee to one of its current or prospective customers for paying Licensee with a credit card (“Surcharge Program”), Licensee agrees to the following terms and conditions:
A.	Compliance. Licensee’s participation in the Surcharge Program and all amounts charged by Licensee shall be in accordance with card network rules and applicable state and federal law, including without limitation regarding the amount of the surcharge, notification to Licensee’s acquiring bank and the card brands, disclosures to consumers, that the surcharge amount is not charged separately, that the cardholder has the opportunity to cancel the transaction after the disclosures are made, and that surcharges will not be imposed on debit or prepaid card transactions. Licensee shall comply with, and shall be solely responsible for, all of the following (each of which as amended from time to time by relevant authority): (a) federal, state, and local laws and regulations; and (b) rules promulgated by any regulatory authority or any payment card network. Licensee shall not charge a surcharge in any jurisdiction in which such fee is prohibited.
B.	Indemnification. Licensee agrees to indemnify, defend, and hold CampMinder and its officers, owners, employees, and representatives harmless for all liabilities, losses, claims, damages, costs, and expenses (including reasonable attorney’s fees) whenever arising or incurred that are caused or asserted to have been caused, directly or indirectly, by or as a result of: (a) Licensee’s surcharge activity; (b) Licensee’s products, services, and business practices; (c) any breach by Licensee or its employees or agents of any of the terms and conditions provided in this Agreement; and (d) any violation of any applicable law, regulation, rule, or standard by Licensee or its employees or agents.
C.	Disclaimer and Limitations of Liability. CampMinder makes no warranty of any kind, express or implied, related to the Surcharge Program or CampMinder’s participation in any Surcharge Program, and CampMinder expressly disclaims any and all representations and warranties, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, availability, legal compliance, and non-infringement. Licensee acknowledges and agrees that it assumes all risk with respect to any Surcharge Program and its business practices, and that it is responsible to ensure that it is compliant with all laws, regulations, rules, and industry standards applicable to any surcharge activity. CampMinder will not be liable for any direct, indirect, incidental special, or consequential damages, however arising, even if CampMinder has been advised of the possibility of such damages.
L. COUNTERPARTS
This Agreement may be executed by facsimile, electronic signature, pdf or other electronic means in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument binding on the parties, notwithstanding that all the parties are not signatories to the original or the same counterpart.
Schedule A
BACKGROUND SEARCH SERVICES
CampMinder may provide Licensee with the option of obtaining certain background check services selected from the options set forth in the applicable Software Product module from time to time (the “Services”). As a precondition to obtaining the Services, Licensee agrees to the terms and conditions set forth in (i) this Agreement including, in particular, this Schedule A and (ii) any “end user certification” and/or other documentation required by the background check fulfillment company that CampMinder retains from time to time to provide the Services (the “Background Check Provider”). For these Services, Licensee agrees to pay the amount specified in the "check out window" from time to time, plus any additional fees incurred as a result of an automatically triggered additional search, as described in the checkout process. The provisions of this Schedule A shall control in the event of any conflict with any other provision of this Agreement, including the Schedules thereto.
1. WARRANTY; DISCLAIMER OF WARRANTY.
CampMinder warrants that CampMinder will accurately communicate Licensee’s order to the Background Check Provider and will accurately communicate the results provided within seven (7) business days of receiving them from the Background Check Provider. The warranty set forth in this section will become void unless Licensee reports any deficiencies in the Services provided under this Schedule A to CampMinder in writing, within twenty-one (21) days after the performance of the Services.
CampMinder’s entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at CampMinder’s option, for CampMinder to correct such nonconformity by re-performance of the Services found to be deficient, or to refund the fees actually received by CampMinder with respect to the deficient Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO THE BACKGROUND CHECK PROVIDER FOR PERFORMANCE OF THE SERVICES. CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY SUCH BACKGROUND CHECK PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. FURTHER, BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
2. LIMITATION OF LIABILITY.
CAMPMINDER MAKES NO REPRESENTATION THAT THE INFORMATION RETRIEVED FROM GOVERNMENTAL AND OTHER DATABASES AND REPORTED TO LICENSEE IN CONNECTION WITH THE SERVICES IS TRUE, CORRECT OR COMPLETE.
Licensee acknowledges and agrees that it is Licensee’s exclusive responsibility to use the background search information provided by CampMinder or the Background Check Provider in accordance with all applicable employment and other laws and that CampMinder shall have no liability or responsibility related to or arising from Licensee’s illegal, unauthorized or improper use or disclosure of any background search information provided by CampMinder or the Background Check Provider to Licensee.
EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE OR INTERNATIONAL DATA PROTECTION LAWS, CAMPMINDER’S AGGREGATE LIABILITY FOR ANY COSTS OR DAMAGES ARISING FROM ANY FAILURE OF CAMPMINDER TO CORRECTLY PROVIDE THE RESULTS OF THE RELEVANT SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR SUCH SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM ARISING. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE LAWS, IN NO EVENT SHALL CAMPMINDER BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE BACKGROUND SEARCH SERVICES OR THE INFORMATION PROVIDED BY CAMPMINDER TO LICENSEE.
3. INDEMNIFICATION.
Licensee shall indemnify and hold harmless CampMinder, its affiliates and their respective owners, management, employees and agents from any liability, cost or expense (including attorney’s fees), directly or indirectly relating to any use or disclosure by Licensee or any of its directors, officers, employees, agents, or volunteers of any background search information provided by CampMinder to Licensee, and all losses, costs, damages, expenses and liabilities, including costs, penalties and attorney’s fees, incurred by each of them as a result of such third party claims.
SCHEDULE B
GENERAL SUPPORT AND CONSULTATION POLICIES
During the Term, CampMinder will use commercially reasonable efforts to provide support and consultation by telephone and by CampMinder’s electronic ticketing system to Licensee and Authorized Users through two channels in accordance with the following:
- Electronic Ticketing System Support – This is the most efficient way to submit and track support issues. CampMinder strongly encourages Administrative Users to initiate all support requests through the CampMinder Electronic Ticketing System. Electronic support is offered to all Authorized Users.
- Telephone Consultation - CampMinder also provides Telephone Consultation to help resolve support issues. Telephone support is offered to Administrative Users.
The days and hours of operation for the above support and consultation can be found at https://legal.campminder.com.
Training
CampMinder provides one training session for each Software Product module licensed to Licensee hereunder at no additional cost and in accordance with the training policies and procedures set forth at (https://legal.campminder.com) (“Training Policies and Procedures”). Training sessions are scheduled at mutually convenient times during Phone Support Hours. Each training session covers one or more specific Software Product module and shall be conducted in accordance with the Training Policies and Procedures. Licensee will designate one Administrative User to act as a single point of contact as a training coordinator (the “Specialist”) for the Licensee. The Specialist is obligated to ensure that all training sessions are attended by the Licensee organization member deemed most appropriate to receive the training on the Software Product module. The same Administrative User may act as the designated Licensee member for multiple Software Product modules. Licensee acknowledges and agrees that any additional trainings beyond the initial training per Software Product module or for which Licensee does not adhere to the Training Policies and Procedures shall be provided at a rate of $165 per hour with a one hour minimum and which rates are subject to change from time to time. Licensee may designate one or more replacement Specialists in writing from time to time. Licensee agrees that all questions pertaining to a Software Product module shall initially be routed to the Specialist assigned to that particular Software Product module prior to contacting CampMinder support.
Effective September 3rd 2019 to December 23rd 2020
DownloadTable of Contents
THIS MASTER LICENSE AGREEMENT ("AGREEMENT") GOVERNS YOUR USE OF AND ACCESS TO THE SERVICES PROVIDED BY CAMPMINDER, LLC , A COLORADO LIMITED LIABILITY COMPANY ("CAMPMINDER"), WHETHER IN CONNECTION WITH A SERVICE PLAN (AS DEFINED IN THE ORDER FORM) OR A FREE TRIAL OF THE SERVICES. This Agreement is effective as of the date you accept it (the “Effective Date”). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. You represent that you are at least 18 years of age.
OVERVIEW
CampMinder provides an online service that allows Authorized Users to submit input and obtain results using one or more of CampMinder’s various Software Products. The intended use of the Software Products is to help manage and administer Licensee’s business (the “Business”).
DEFINITIONS
“Administrative User” shall mean an individual who is currently or proposed to be employed or retained by Licensee and designated by Licensee to manage and maintain the Licensee Data using CampMinder’s services.
"Authorized User" shall mean an individual who is either an Administrative User or a CampInTouch User.
“CampInTouch User” shall mean an individual who is a current, former or prospective staff member of Licensee, current or former camper of Licensee, or a parent, guest, legal guardian, or caregiver thereof, who is authorized under this Agreement to use the Software Products. No one other than an Authorized User may access and use the Software Products.
"CampMinder System" shall mean the CampMinder Software Products (including the Online Forms) developed, deployed and delivered by CampMinder, including, among other things, underlying software and applications.
“Confidential Information” means all trade secrets, business and financial information, software, machine and operator instructions, business methods, procedures, know-how, and other information that relates to the business or technology of either party and is marked or identified as confidential, or disclosed in circumstances that would lead a reasonable person to believe such information is confidential. For avoidance of doubt, the CampMinder System is CampMinder Confidential Information.
“Data Protection Law” means all federal, state, local and foreign laws, statutes, regulations, rules, and official guidance applicable to the protection of Personal Data under this Agreement in all relevant jurisdictions.
“Licensee Data” shall mean all data (including but not limited to Personal Data) imported into the CampMinder System or input into the CampMinder System by Authorized Users of the Software Products.
“Online Forms” shall mean the Software Products which permit CampInTouch Users to input data.
“Order Form” shall mean the CampMinder order form that sets forth the Software Products, payment information and such other terms and conditions, attached hereto and incorporated herein by this reference, and shall be subject to and governed by the terms and conditions of this Agreement. Each Order Form shall remain in full force and effect unless and until Licensee signs a new Order Form that specifically replaces such prior Order Form. Notwithstanding anything to the contrary contained herein, if a Licensee has not signed an Order Form in connection with this Agreement related to its Software Products, pricing or payment terms and rather has signed a previous agreement with CampMinder that includes a Schedule A (“Schedule A”) setting forth the Software Products and a Schedule E as amended with any price increases from time to time (“Scheduled E”) setting forth the pricing, payment terms and other terms and conditions, then the Licensee’s Schedule A and Schedule E shall remain in full force and effect and be deemed the Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth the Software Products and pricing, payment and other terms. Further, notwithstanding anything to the contrary contained herein, if a Licensee has not signed an Order Form for CampMinder’s photo, news, camper communication, and/or video system (“Summer Services”) in connection with this Agreement and rather has signed a previous agreement with CampMinder that includes a Schedule E-1 or an Addendum (“Summer Services Schedule”) setting forth the Summer Services, pricing, payment and other related terms, then the Licensee’s Summer Services Schedule shall remain in full force and effect and be deemed to be included in the definition of Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth or replaces the Summer Services.
“Personal Data” means all information that CampMinder receives from Licensee or Authorized Users in the course of this Agreement that identifies or can be used to identify any specific individual or otherwise concerns the personal circumstances of an identified individual and accordingly is protected under Data Protection Law. Personal Data includes without limitation “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), “Personal Data” as defined in Regulation (EU) 2016/679 (together with any national implementations thereof, “GDPR”), and “personal information” as defined under the Massachusetts Standards for the Protection of Personal Data of Residents of the Commonwealth (201 CMR 17.01 et seq.).
“Software Products” shall refer to the then-current version (inclusive of any updates or modifications thereto) of those computer program modules and accompanying graphical user interfaces described in Order Form to this Agreement.
“Third Party Service” shall mean a third party (non CampMinder) product or service that interoperates with the Software Products and that Licensee or its Authorized Users may access in connection with using the Software Products, including by way of example and not limitation credit card, transaction and merchant processing (including but not limited to the services described in Section 2(K) of this Agreement), API access or background check services.
TERMS AND CONDITIONS
1. GRANT OF LICENSES AND RELATED RIGHTS
A. SCOPE OF LICENSES
1. GENERALLY
During the Term, CampMinder grants to Licensee, and Licensee accepts, a non-exclusive, revocable, nontransferable, limited license on the terms set forth herein to access and use the Software Products only with the CampMinder modules specified by Licensee from among those listed in Order Form. Licensee shall prevent unauthorized access to or use of the Software Products, and notify CampMinder promptly of any such unauthorized access or use.
As between CampMinder and Licensee, all data input into the CampMinder System by an Authorized User is considered Licensee Data owned by Licensee, except as otherwise agreed upon by Licensee and CampMinder or as otherwise set forth in this Agreement. CampMinder acknowledges that Licensee Data is valuable property of Licensee, and CampMinder warrants that it will use commercially reasonable efforts to back-up Licensee’s data in accordance with CampMinder’s then current data backup policy. Licensee is solely responsible for the accuracy, quality and legality of Licensee Data and the means by which Licensee acquired the Licensee Data. Licensee may designate one or more Administrative Users who shall have limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that, except for the limited license expressly granted hereunder and the Licensee Data, all right, title, and interest in and to the Software Products and the associated applications and functionality of the Software Products are and shall remain CampMinder's sole and exclusive property, and that the Software Products shall not be used in any manner except as expressly permitted by this Agreement.
2. AUTHORIZED USERS
To access and use the Software Products, one must be an Authorized User. Licensee must protect and ensure the confidential nature of each Authorized User’s Login ID and password, as well as the Licensee Data and Licensee is solely responsible for the use of Each Authorized User’s Login ID and password. Licensee shall designate one or more Administrative Users and shall allow such Administrative Users limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that CampMinder intends to require each Authorized User to contractually agree to certain provisions as a precondition to use of the CampMinder System, which provisions may be modified and supplemented from time to time, including without limitation, the then-current version of the CampMinder Terms of Use (available at: https://legal.campminder.com/terms-of-service/) and the CampMinder Privacy Policy (available at https://legal.campminder.com/privacy-policy/).
3. PROHIBITED ACTS
Licensee shall not, nor shall it permit any Authorized User or any other individual or entity to: (a) use or access the Software Products except as expressly permitted by this Agreement; (b) disassemble, decompile, or decrypt any applications, software, source code, or other computer language that provides or helps to provide functionality (including query results) in the Software Products, or that otherwise powers or comprises the Software Products; (c) remove, alter, cover, or obscure the copyright or other proprietary notices appearing in the Software Products; (d) alter, modify, or prepare derivative works based on any software or application accessible through the Software Products; (e) sell, license, rent or otherwise make available the Software Products or a Third Party Service to, or use any part of the Software Products or a Third Party Service for the benefit of, anyone other than Licensee or Authorized Users; (f) use the Software Products or a Third Party Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (g) use the Software Products or a Third Party Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; (h) interfere with or disrupt the integrity or performance of the Software Products or third-party data contained therein; (i) attempt to gain unauthorized access to the Software Products or its related systems; (j) access the Software Products in order to build or assist in building a competitive service or to benchmark with a non-CampMinder service; (k) reverse engineer the Software Products (to the extent such restriction is permitted by law); or (l) share credentials or any kind of access to the CampMinder System with users outside Licensee’s organization.
B. CAMPMINDER'S WARRANTIES AND DISCLAIMERS
CampMinder warrants that the Software Products will perform substantially in accordance with the applicable documentation for the respective Software Products. THIS WARRANTY IS THE ONLY WARRANTY MADE BY CAMPMINDER WITH RESPECT TO THE CAMPMINDER SYSTEM OR THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CAMPMINDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. FURTHER, THE WARRANTY SET FORTH ABOVE: (A) IS CONTINGENT UPON LICENSEE’S PROPER USE OF THE SOFTWARE PRODUCTS AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT; (B) DOES NOT GUARANTEE EXECUTION OR OPERATION OF THE SOFTWARE PRODUCTS WITHOUT INTERRUPTIONS, BUGS, OR ERRORS, OR THAT ALL ERRORS WILL BE CORRECTED; (C) DOES NOT COVER ANY BREACHES TO THE EXTENT CAUSED BY THIRD PARTY HOSTING , INTERNET, OR OTHER THIRD PARTY SERVICE PROVIDERS OUTSIDE THE CONTROL OF CAMPMINDER; (D) DOES NOT APPLY TO LICENSEE DATA OR TO DATA (INCLUDING PERSONAL DATA) TO THE EXTENT THE INPUT, OUTPUT, ACCURACY, AND/OR SUITABILITY OF WHICH ARE MADE BY, OR UNDER CONTROL OF, LICENSEE OR AN AUTHORIZED USER; (E) DOES NOT GUARANTEE THAT THE SOFTWARE PRODUCTS AND/OR THE RELATED APPLICATIONS WILL MEET LICENSEE’S REQUIREMENTS OR OPERATE IN THE COMBINATIONS LICENSEE MAY SELECT OR USE; (F) IS AUTOMATICALLY AND IMMEDIATELY VOID UPON ANY MATERIAL BREACH OF THIS AGREEMENT BY LICENSEE OR AN AUTHORIZED USER, OR UPON ANY ACCESS OR USE OF THE SOFTWARE PRODUCTS NOT PERMITTED BY THIS AGREEMENT; AND (G) WILL BECOME VOID IF THE ALLEGED BREACH IS NOT DULY REPORTED TO CAMPMINDER WITHIN FIFTEEN (15) DAYS AFTER LICENSEE BECOMES AWARE THEREOF. CAMPMINDER’S ENTIRE LIABILITY AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE, AT CAMPMINDER’S OPTION, FOR CAMPMINDER TO CORRECT SUCH NONCONFORMITY BY REPAIR, REPLACEMENT, RECONFIGURATION, OR SUITABLE WORKAROUND, OR TO TERMINATE THIS AGREEMENT AND REFUND THE PORTION OF THE LICENSE FEE ACTUALLY RECEIVED BY CAMPMINDER DIRECTLY RELATING TO THE NONCONFORMING SOFTWARE PRODUCTS IN THE PRIOR TWELVE (12) MONTH PERIOD TO THE CLAIM ARISING.
C. LIMITATION OF LIABILITY
EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT LICENSEE’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION BELOW. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO MAINTAIN A STORED BACKUP COPY OF LICENSEE’S DATA IN THE EVENT THAT THE SOFTWARE PRODUCTS ARE RENDERED UNAVAILABLE FOR ANY LENGTH OF TIME.
D. PAYMENT AND TAXES
Licensee shall pay CampMinder the amounts, and at the times, specified in the Order Form for the license granted under Section 1(a)(1) hereof and other products and services that CampMinder may provide from time to time, including the Software Products. The license fee may increase each year to account for inflation, development enhancements, increased costs of doing business, and otherwise; provided CampMinder provides you with at least thirty (30) days prior written notice (email sufficient). The parties acknowledge and agree that new products, new modules and new versions of the CampMinder System shall not be limited by the price increases more specifically described herein. In addition, Licensee shall be responsible for any applicable taxes, including without limitation, any sales, use, levies, duties, or any value added or similar taxes payable with respect to Licensee’s Order Form for Software Products and other services, assessable by any local, state, provincial, federal, or foreign jurisdiction. Unless expressly specified otherwise in any Order Form, all fees, rates and estimates exclude sales taxes. CampMinder is solely responsible for taxes based upon CampMinder’s net income, assets, payroll, property, and employees. All amounts billed by CampMinder are due within 30 days of the invoice date. Unless otherwise set forth in an Order Form, CampMinder is hereby irrevocably authorized to withdraw the invoice amount from Licensee’s funds on or after the specified payment date, unless Licensee advises CampMinder in writing within ten days after receiving the invoice that such withdrawal is not authorized, setting forth the applicable reasons. Without limiting CampMinder’s other remedies, if any payment owed by Licensee is unpaid more than 30 days from the invoice date, CampMinder may (1) add late fees of 1.5% per month to the amount due, (2) accelerate Licensee’s fee obligations for the remaining term of this Agreement so that all such fees become immediately due and payable, and (3) suspend services, including but not limited to access to the Software Products, the CampMinder System, the Licensee Data and general support, to Licensee until such amounts are paid in full. BY PROVIDING THE FOREGOING AND SIGNING AND RETURNING THE AGREEMENT AND ASSOCIATED ONBOARDING INFORMATION, LICENSEE, UNLESS OTHERWISE SET FORTH IN AN ORDER FORM, HEREBY AUTHORIZES CAMPMINDER TO WITHDRAW THE APPLICABLE AMOUNTS FROM LICENSEE’S CHECKING ACCOUNT IN ACCORDANCE WITH THIS AGREEMENT FROM THE EFFECTIVE DATE UNLESS LICENSEE ADVISES CAMPMINDER, IN WRITING WITHIN TEN (10) DAYS AFTER CAMPMINDER PROVIDES WRITTEN NOTICE OF ITS INTENT TO MAKE ANY SUCH WITHDRAWAL, THAT SUCH WITHDRAWAL IS NOT AUTHORIZED AND SETTING FORTH THE APPLICABLE REASONS
E. TRAINING; CONSULTATION
CampMinder agrees to provide consultation via telephone and via CampMinder’s electronic ticketing system regarding the use of the CampMinder System to Authorized Users, at the hours and in the manner, specified in Schedule B. CampMinder shall use commercially reasonable efforts to respond to Licensee’s requests for assistance with reasonable care and speed. Licensee acknowledges that delays in response time may result from time to time because, among other things, CampMinder requires additional information from Licensee in order to provide the information or resolution to address the Licensee request(s). Licensee also acknowledges that delays may result due to unforeseen technical and/or personnel problems encountered by CampMinder. If CampMinder determines that Licensee's requests for consultation are excessive in scope of hours, frequency of consultation, speed of resolution or otherwise, CampMinder shall notify Licensee and may, but has no obligation to, provide enhanced consultation at an additional fee in accordance with Order Form.
F. PROPRIETARY RIGHTS AND LICENSES
Subject to the limited rights expressly granted under this Agreement, CampMinder and its licensors reserve all right, title and interest in and to the Software Products, and in and to the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the CampMinder System, including all related intellectual property rights. No rights are granted to Licensee under this Agreement except as expressly set forth herein. Licensee grants to CampMinder, its affiliates and applicable contractors a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use, distribute, reproduce, modify, and display the Licensee Data, as reasonably necessary for CampMinder to (i) provide the Software Products and associated services (including access to Third Party Services) in accordance with this Agreement; (ii) evaluate and provide benchmarking, analytics and trends for Licensee and, on an aggregated basis, evaluate and provide trends, analytics, best practices, and benchmarking for CampMinder, third parties and its other customers; and (iii) improve the Software Products and associated services. Except for the limited license granted herein, no rights in Licensee Data are granted to CampMinder under this Agreement. Licensee grants to CampMinder and its affiliates a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use and incorporate into CampMinder’s and/or its affiliates’ services any suggestion, enhancement request, recommendation, correction or other feedback provided by Licensee or its Authorized Users relating to the operation of the Software Products or CampMinder’s services.
G. CONFIDENTIALITY
“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Licensee’s Confidential Information includes Licensee Data; CampMinder’s Confidential Information includes the Software Products; and Confidential Information of each party includes the terms of this Agreement (including pricing). Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) is received from a third party, or known to the Receiving Party prior to its disclosure by the Disclosing Party, without breach of any obligation owed to the Disclosing Party, or (c) was independently developed by the Receiving Party.
The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (and at least reasonable care) to (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
H. COMPLIANCE WITH LAWS AND REGULATIONS
Licensee shall comply with all applicable laws and regulations in connection with this Agreement including, without limitation, as to disclosure or use of all information and materials which CampMinder obtains on behalf of Licensee or Licensee’s campers, parents, staff, customers and/or affiliated persons and entities.
I. PRIVACY AND DATA SECURITY
During the course of the Agreement, CampMinder may receive or have access to Personal Data of Licensee. CampMinder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for CampMinder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee.
In the event the Parties must enter into any agreement or additional provisions to maintain compliance with all applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to CampMinder, and will promptly advise CampMinder if Licensee becomes or provides any information subject to HIPAA.
CampMinder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by CampMinder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then CampMinder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
J. THIRD PARTY SERVICES
Licensee or its Authorized Users may use the Software Products to obtain one or more Third Party Services from the provider that CampMinder retains from time to time to provide that Third Party Service (a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants CampMinder permission to allow the Third Party Provider to access Licensee’s Data as required for the interoperation of that Third Party Service with the Software Products.
CampMinder does not guarantee or warrant the continued availability of any Software Products features designed to interoperate with Third Party Services. CampMinder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, if for example and without limitation, the Third Party Provider ceases to make the Third Party Service available for interoperation with the Software Products in a manner acceptable to CampMinder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by CampMinder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES. Without limiting the preceding sentence, CampMinder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider. Licensee shall comply with the terms of service of any Third Party Service with which Licensee uses the Software Products, and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES.
If Licensee uses any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or CampMinder to share Personal Data, which would specifically include biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
K. INDEMNIFICATION
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY LIABILITY, COST OR EXPENSE (INCLUDING ATTORNEY’S FEES), ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT BY LICENSEE OR ITS AUTHORIZED USERS.
2. MISCELLANEOUS
A. BINDING EFFECT; ASSIGNMENT
This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person, other than the parties hereto and the indemnified parties, any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement, and no other person shall be deemed a third-party beneficiary under or by reason of this Agreement. Licensee shall not sell, transfer, lease, assign, pledge, mortgage or otherwise dispose of any of the rights, privileges, duties, and obligations granted or imposed hereunder without CampMinder’s prior consent. Notwithstanding anything to the contrary contained herein, CampMinder may freely assign this Agreement to any affiliate or subsidiary or to a third party pursuant to any acquisition, merger or change of control of CampMinder.
B. ENTIRE AGREEMENT; SURVIVAL; AMENDMENT; WAIVER
This Agreement constitutes the entire agreement between CampMinder and Licensee and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter hereof expressly including any license agreement between the parties. The provisions of the following sections, and the applicable schedules referred to therein, will survive the termination or expiration of this Agreement for any reason: Section 1(a) (3), 1(c), 1(g), 1(h), 1(i), and Section 2 all except (c) and (f). Unless otherwise expressly provided in this Agreement, no delay or omission on the part of any party in exercising any right or privilege under this Agreement shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right under this Agreement operate as a waiver of any other right or privilege under this Agreement nor shall any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under this Agreement. Notwithstanding anything to the contrary contained herein, CampMinder reserves the right, in its sole discretion to make any changes to the Software Products or associated services (including Third Party Services) that it deems necessary or useful, including but not limited to: (a) maintain or enhance: (i) the quality or delivery of the Software Products to its customers; (ii) the competitive strength of or market for the Software Products; or (iii) the Software Products cost efficiency or performance; or (b) to comply with applicable laws or regulations. CampMinder may modify or amend this Agreement at any time by posting access to details of any modifications or amendments to this Agreement at https://legal.campminder.com/mla/.
Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or made for legal reasons will be effective immediately. If you don’t agree to any modified or amended terms in the Agreement, you must stop using the Services. Your continued use of the Software Products after the effective date of any changes constitutes your agreement to follow and be bound by such changes.
C. TERM
This agreement has an initial term of one year, and it shall automatically renew each year on the anniversary of the Effective Date (the “Anniversary Date”) for successive one (1) year periods unless terminated by either party on written notice at least ninety (90) days prior to an Anniversary Date (the “Term”). For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 that it desires for the CampInTouch Summer Services contract to terminate.” . Notwithstanding anything to the contrary contained herein, CampMinder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
D. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Each of the parties irrevocably and unconditionally agrees that any legal proceeding arising under or in connection with this Agreement except those seeking injunctive relief shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Licensee has read and understood this Agreement and has consulted with an attorney to the extent Licensee has deemed advisable. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
E. TERMINATION
Upon any material breach by Licensee, including, but not limited to, any breach of the restrictions on Software Products use contained herein, CampMinder may terminate this Agreement and the license granted hereunder, or suspend CampMinder’s services to Licensee until such breach is cured. Termination or suspension will not be exclusive of any other remedy available under this Agreement or applicable law. Upon termination of this Agreement for any reason whatsoever, (i) the license granted Licensee shall immediately cease and terminate, (ii) Licensee shall immediately cease use of the Software Products and (iii) Licensee shall immediately make any payments due to CampMinder.
F. TRIAL PERIOD; REFUNDS
During the first ninety (90) days after the Effective Date of your original master license agreement with CampMinder (the “Trial Period”), Licensee may terminate this Agreement and receive a refund, upon notice to CampMinder specifying the circumstances with as much detail as practical. Except as described in this Sections 2(C) and 2(F), the license fee is nonrefundable.
NOTWITHSTANDING SECTION 1.B OR ANYTHING TO THE CONTRARY CONTAINED HEREIN, DURING THE TRIAL PERIOD THE SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
If this Agreement is terminated by Licensee during the Trial Period, CampMinder shall refund in full the license fees paid under this Agreement. If this Agreement is terminated by CampMinder in accordance with Section 2(E), Licensee shall immediately pay any unpaid fees covering the remainder of the term of this Agreement. In no event will termination relieve Licensee of Licensee’s obligation to pay any fees payable to CampMinder for the period prior to the effective date of termination.
G. OUTAGES; ALTERNATIVE ACCESS
In the event of a failure or malfunction of the CampMinder site for a continuous period of seventy-two hours or more such that Licensee cannot access CampMinder for the purposes delineated herein (an “outage”), CampMinder will use commercially reasonable efforts to provide alternative access to the CampMinder System and Licensee Data. These steps may include, at CampMinder’s option, using a different Internet host, data center or bandwidth provider. Any delays or failure in performance by any party under this Agreement shall not be considered a breach of this Agreement if, and to the extent, caused by occurrences beyond the reasonable control of the party affected, including, but not limited to, acts of God, governmental restrictions, data center outages, power outages, fire, flood, explosion or the like.
H. NOTICES
Any notices or other communications required or permitted hereunder shall be in writing and shall be sufficiently given if sent by overnight mail, registered mail or certified mail, postage prepaid, by facsimile (with receipt confirmed telephonically) or by hand, to the parties at the addresses set forth above or such other address as either party provides with reasonable advance notice. In the event that Licensee’s address for notice changes during the Term, Licensee shall promptly provide CampMinder with such new address in accordance with this Section 2(H) of this Agreement.
I. SEVERABILITY
If any provision of this Agreement shall be held invalid, unenforceable or void, a suitable and equitable provision shall be substituted therefore in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
J. USE OF LICENSEE NAME
CampMinder shall be permitted to use Licensee’s name, and to generally disclose the services provided to Licensee hereunder, provided that CampMinder does not disclose any Confidential Information relating to Licensee or its operations
K. MERCHANT PROCESSING; CREDIT CARD DATA
During the term hereof, CampMinder agrees to maintain PCI compliance to the extent required by law in order to provide the services described under this Section 2(K) of this Agreement. Licensee is responsible for its individual PCI compliance and annual validation to its credit card services provider. Except for data collected through (i) CampMinder (or its affiliate or subsidiary), (ii) the merchant processing partner designated by CampMinder, or (iii) in explicitly designated, PCI compliant sections of the Software Products, Licensee shall not under any circumstances use the Software Products to collect or store credit card or bank account information of its users.
1. USE OF DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through CampMinder, then Licensee shall do so by entering into a separate agreement with either (i) CampMinder (or its affiliate or subsidiary) or (ii) the merchant processing partner designated by CampMinder, which agreement shall contain such terms and conditions as Licensee and either (i) CampMinder (or its affiliate or subsidiary) or (ii) such merchant processing partner agree upon from time to time, and provided further, if Licensee makes such election under this Section 2(K)(1), Licensee hereby authorizes CampMinder to access and use the Licensee Data, including Licensee’s transaction records, statements, notices and other merchant processing data in the merchant processing partner’s back office platform and administrative and reporting tools and systems. Fees charged by payment processing providers may change from time to time upon thirty (30) days prior written notice.
2. USE OF NON-DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee desires to process credit card payments or ACH e-check payments through the Software Products but not through a merchant processing partner designated by CampMinder (“Non-Designated Processing Provider”), then Licensee must get written consent from CampMinder, which consent may be withheld in CampMinder’s sole discretion. Provided that Licensee obtains such consent from CampMinder, then Licensee may select such Non-Designated Processing Provider and process payments through such Non-Designated Processing Provider; provided Licensee enters into a separate agreement with such Non-Designated Processing Provider which agreement shall contain any and all such terms and conditions for the provision of credit card processing as Licensee and such Non-Designated Processing Provider agree upon from time to time.
In exchange for CampMinder permitting the Licensee to utilize the Software Products with a Non-Designated Processing Provider, Licensee shall pay CampMinder a convenience fee (“Convenience Fee”) which Convenience Fee shall be a percentage of every dollar processed through the Non-Designated Processing Provider via the Software Products as set forth in an Order Form. At the end of each month, CampMinder will invoice Licensee the Convenience Fee as determined by the dollars processed through the Non-Designated Processing Provider each month. CampMinder reserves the right to increase the Convenience Fee in its sole discretion effective upon notice to Licensee.
3. SURCHARGE PROGRAM
If Licensee elects to charge a fee to one of its current or prospective customers for paying Licensee with a credit card (“Surcharge Program”), Licensee agrees to the following terms and conditions:
A.	Compliance. Licensee’s participation in the Surcharge Program and all amounts charged by Licensee shall be in accordance with card network rules and applicable state and federal law, including without limitation regarding the amount of the surcharge, notification to Licensee’s acquiring bank and the card brands, disclosures to consumers, that the surcharge amount is not charged separately, that the cardholder has the opportunity to cancel the transaction after the disclosures are made, and that surcharges will not be imposed on debit or prepaid card transactions. Licensee shall comply with, and shall be solely responsible for, all of the following (each of which as amended from time to time by relevant authority): (a) federal, state, and local laws and regulations; and (b) rules promulgated by any regulatory authority or any payment card network. Licensee shall not charge a surcharge in any jurisdiction in which such fee is prohibited.
B.	Indemnification. Licensee agrees to indemnify, defend, and hold CampMinder and its officers, owners, employees, and representatives harmless for all liabilities, losses, claims, damages, costs, and expenses (including reasonable attorney’s fees) whenever arising or incurred that are caused or asserted to have been caused, directly or indirectly, by or as a result of: (a) Licensee’s surcharge activity; (b) Licensee’s products, services, and business practices; (c) any breach by Licensee or its employees or agents of any of the terms and conditions provided in this Agreement; and (d) any violation of any applicable law, regulation, rule, or standard by Licensee or its employees or agents.
C.	Disclaimer and Limitations of Liability. CampMinder makes no warranty of any kind, express or implied, related to the Surcharge Program or CampMinder’s participation in any Surcharge Program, and CampMinder expressly disclaims any and all representations and warranties, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, availability, legal compliance, and non-infringement. Licensee acknowledges and agrees that it assumes all risk with respect to any Surcharge Program and its business practices, and that it is responsible to ensure that it is compliant with all laws, regulations, rules, and industry standards applicable to any surcharge activity. CampMinder will not be liable for any direct, indirect, incidental special, or consequential damages, however arising, even if CampMinder has been advised of the possibility of such damages.
L. COUNTERPARTS
This Agreement may be executed by facsimile, electronic signature, pdf or other electronic means in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument binding on the parties, notwithstanding that all the parties are not signatories to the original or the same counterpart.
Schedule A
BACKGROUND SEARCH SERVICES
CampMinder may provide Licensee with the option of obtaining certain background check services selected from the options set forth in the applicable Software Product module from time to time (the “Services”). As a precondition to obtaining the Services, Licensee agrees to the terms and conditions set forth in (i) this Agreement including, in particular, this Schedule A and (ii) any “end user certification” and/or other documentation required by the background check fulfillment company that CampMinder retains from time to time to provide the Services (the “Background Check Provider”). For these Services, Licensee agrees to pay the amount specified in the "check out window" from time to time, plus any additional fees incurred as a result of an automatically triggered additional search, as described in the checkout process. The provisions of this Schedule A shall control in the event of any conflict with any other provision of this Agreement, including the Schedules thereto.
1. WARRANTY; DISCLAIMER OF WARRANTY.
CampMinder warrants that CampMinder will accurately communicate Licensee’s order to the Background Check Provider and will accurately communicate the results provided within seven (7) business days of receiving them from the Background Check Provider. The warranty set forth in this section will become void unless Licensee reports any deficiencies in the Services provided under this Schedule A to CampMinder in writing, within twenty-one (21) days after the performance of the Services.
CampMinder’s entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at CampMinder’s option, for CampMinder to correct such nonconformity by re-performance of the Services found to be deficient, or to refund the fees actually received by CampMinder with respect to the deficient Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO THE BACKGROUND CHECK PROVIDER FOR PERFORMANCE OF THE SERVICES. CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY SUCH BACKGROUND CHECK PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. FURTHER, BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
2. LIMITATION OF LIABILITY.
CAMPMINDER MAKES NO REPRESENTATION THAT THE INFORMATION RETRIEVED FROM GOVERNMENTAL AND OTHER DATABASES AND REPORTED TO LICENSEE IN CONNECTION WITH THE SERVICES IS TRUE, CORRECT OR COMPLETE.
Licensee acknowledges and agrees that it is Licensee’s exclusive responsibility to use the background search information provided by CampMinder or the Background Check Provider in accordance with all applicable employment and other laws and that CampMinder shall have no liability or responsibility related to or arising from Licensee’s illegal, unauthorized or improper use or disclosure of any background search information provided by CampMinder or the Background Check Provider to Licensee.
EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE OR INTERNATIONAL DATA PROTECTION LAWS, CAMPMINDER’S AGGREGATE LIABILITY FOR ANY COSTS OR DAMAGES ARISING FROM ANY FAILURE OF CAMPMINDER TO CORRECTLY PROVIDE THE RESULTS OF THE RELEVANT SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR SUCH SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM ARISING. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE LAWS, IN NO EVENT SHALL CAMPMINDER BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE BACKGROUND SEARCH SERVICES OR THE INFORMATION PROVIDED BY CAMPMINDER TO LICENSEE.
3. INDEMNIFICATION.
Licensee shall indemnify and hold harmless CampMinder, its affiliates and their respective owners, management, employees and agents from any liability, cost or expense (including attorney’s fees), directly or indirectly relating to any use or disclosure by Licensee or any of its directors, officers, employees, agents, or volunteers of any background search information provided by CampMinder to Licensee, and all losses, costs, damages, expenses and liabilities, including costs, penalties and attorney’s fees, incurred by each of them as a result of such third party claims.
SCHEDULE B
GENERAL SUPPORT AND CONSULTATION POLICIES
During the Term, CampMinder will use commercially reasonable efforts to provide support and consultation by telephone and by CampMinder’s electronic ticketing system to Licensee and Authorized Users through two channels in accordance with the following:
- Electronic Ticketing System Support – This is the most efficient way to submit and track support issues. CampMinder strongly encourages Administrative Users to initiate all support requests through the CampMinder Electronic Ticketing System. Electronic support is offered to all Authorized Users.
- Telephone Consultation - CampMinder also provides Telephone Consultation to help resolve support issues. Telephone support is offered to Administrative Users.
The days and hours of operation for the above support and consultation can be found at https://legal.campminder.com.
Training
CampMinder provides one training session for each Software Product module licensed to Licensee hereunder at no additional cost and in accordance with the training policies and procedures set forth at (https://legal.campminder.com) (“Training Policies and Procedures”). Training sessions are scheduled at mutually convenient times during Phone Support Hours. Each training session covers one or more specific Software Product module and shall be conducted in accordance with the Training Policies and Procedures. Licensee will designate one Administrative User to act as a single point of contact as a training coordinator (the “Specialist”) for the Licensee. The Specialist is obligated to ensure that all training sessions are attended by the Licensee organization member deemed most appropriate to receive the training on the Software Product module. The same Administrative User may act as the designated Licensee member for multiple Software Product modules. Licensee acknowledges and agrees that any additional trainings beyond the initial training per Software Product module or for which Licensee does not adhere to the Training Policies and Procedures shall be provided at a rate of $165 per hour with a one hour minimum and which rates are subject to change from time to time. Licensee may designate one or more replacement Specialists in writing from time to time. Licensee agrees that all questions pertaining to a Software Product module shall initially be routed to the Specialist assigned to that particular Software Product module prior to contacting CampMinder support.
Effective March 7th 2019 to September 3rd 2019
DownloadTable of Contents
THIS MASTER LICENSE AGREEMENT ("AGREEMENT") GOVERNS YOUR USE OF AND ACCESS TO THE SERVICES PROVIDED BY CAMPMINDER, LLC , A COLORADO LIMITED LIABILITY COMPANY ("CAMPMINDER"), WHETHER IN CONNECTION WITH A SERVICE PLAN (AS DEFINED IN THE ORDER FORM) OR A FREE TRIAL OF THE SERVICES. This Agreement is effective as of the date you accept it (the “Effective Date”). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. You represent that you are at least 18 years of age.
OVERVIEW
CampMinder provides an online service that allows Authorized Users to submit input and obtain results using one or more of CampMinder’s various Software Products. The intended use of the Software Products is to help manage and administer Licensee’s business (the “Business”).
DEFINITIONS
“Administrative User” shall mean an individual who is currently or proposed to be employed or retained by Licensee and designated by Licensee to manage and maintain the Licensee Data using CampMinder’s services.
"Authorized User" shall mean an individual who is either an Administrative User or a CampInTouch User.
“CampInTouch User” shall mean an individual who is a current, former or prospective staff member of Licensee, current or former camper of Licensee, or a parent, guest, legal guardian, or caregiver thereof, who is authorized under this Agreement to use the Software Products. No one other than an Authorized User may access and use the Software Products.
"CampMinder System" shall mean the CampMinder Software Products (including the Online Forms) developed, deployed and delivered by CampMinder, including, among other things, underlying software and applications.
“Confidential Information” means all trade secrets, business and financial information, software, machine and operator instructions, business methods, procedures, know-how, and other information that relates to the business or technology of either party and is marked or identified as confidential, or disclosed in circumstances that would lead a reasonable person to believe such information is confidential. For avoidance of doubt, the CampMinder System is CampMinder Confidential Information.
“Data Protection Law” means all federal, state, local and foreign laws, statutes, regulations, rules, and official guidance applicable to the protection of Personal Data under this Agreement in all relevant jurisdictions.
“Licensee Data” shall mean all data (including but not limited to Personal Data) imported into the CampMinder System or input into the CampMinder System by Authorized Users of the Software Products.
“Online Forms” shall mean the Software Products which permit CampInTouch Users to input data.
“Order Form” shall mean the CampMinder order form that sets forth the Software Products, payment information and such other terms and conditions, attached hereto and incorporated herein by this reference, and shall be subject to and governed by the terms and conditions of this Agreement. Each Order Form shall remain in full force and effect unless and until Licensee signs a new Order Form that specifically replaces such prior Order Form. Notwithstanding anything to the contrary contained herein, if a Licensee has not signed an Order Form in connection with this Agreement related to its Software Products, pricing or payment terms and rather has signed a previous agreement with CampMinder that includes a Schedule A (“Schedule A”) setting forth the Software Products and a Schedule E as amended with any price increases from time to time (“Scheduled E”) setting forth the pricing, payment terms and other terms and conditions, then the Licensee’s Schedule A and Schedule E shall remain in full force and effect and be deemed the Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth the Software Products and pricing, payment and other terms. Further, notwithstanding anything to the contrary contained herein, if a Licensee has not signed an Order Form for CampMinder’s photo, news, camper communication, and/or video system (“Summer Services”) in connection with this Agreement and rather has signed a previous agreement with CampMinder that includes a Schedule E-1 or an Addendum (“Summer Services Schedule”) setting forth the Summer Services, pricing, payment and other related terms, then the Licensee’s Summer Services Schedule shall remain in full force and effect and be deemed to be included in the definition of Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth or replaces the Summer Services.
“Personal Data” means all information that CampMinder receives from Licensee or Authorized Users in the course of this Agreement that identifies or can be used to identify any specific individual or otherwise concerns the personal circumstances of an identified individual and accordingly is protected under Data Protection Law. Personal Data includes without limitation “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), “Personal Data” as defined in Regulation (EU) 2016/679 (together with any national implementations thereof, “GDPR”), and “personal information” as defined under the Massachusetts Standards for the Protection of Personal Data of Residents of the Commonwealth (201 CMR 17.01 et seq.).
“Software Products” shall refer to the then-current version (inclusive of any updates or modifications thereto) of those computer program modules and accompanying graphical user interfaces described in Order Form to this Agreement.
“Third Party Service” shall mean a third party (non CampMinder) product or service that interoperates with the Software Products and that Licensee or its Authorized Users may access in connection with using the Software Products, including by way of example and not limitation credit card, transaction and merchant processing (including but not limited to the services described in Section 2(K) of this Agreement), API access or background check services.
TERMS AND CONDITIONS
1. GRANT OF LICENSES AND RELATED RIGHTS
A. SCOPE OF LICENSES
1. GENERALLY
During the Term, CampMinder grants to Licensee, and Licensee accepts, a non-exclusive, revocable, nontransferable, limited license on the terms set forth herein to access and use the Software Products only with the CampMinder modules specified by Licensee from among those listed in Order Form. Licensee shall prevent unauthorized access to or use of the Software Products, and notify CampMinder promptly of any such unauthorized access or use.
As between CampMinder and Licensee, all data input into the CampMinder System by an Authorized User is considered Licensee Data owned by Licensee, except as otherwise agreed upon by Licensee and CampMinder or as otherwise set forth in this Agreement. CampMinder acknowledges that Licensee Data is valuable property of Licensee, and CampMinder warrants that it will use commercially reasonable efforts to back-up Licensee’s data in accordance with CampMinder’s then current data backup policy. Licensee is solely responsible for the accuracy, quality and legality of Licensee Data and the means by which Licensee acquired the Licensee Data. Licensee may designate one or more Administrative Users who shall have limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that, except for the limited license expressly granted hereunder and the Licensee Data, all right, title, and interest in and to the Software Products and the associated applications and functionality of the Software Products are and shall remain CampMinder's sole and exclusive property, and that the Software Products shall not be used in any manner except as expressly permitted by this Agreement.
2. AUTHORIZED USERS
To access and use the Software Products, one must be an Authorized User. Licensee must protect and ensure the confidential nature of each Authorized User’s Login ID and password, as well as the Licensee Data and Licensee is solely responsible for the use of Each Authorized User’s Login ID and password. Licensee shall designate one or more Administrative Users and shall allow such Administrative Users limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that CampMinder intends to require each Authorized User to contractually agree to certain provisions as a precondition to use of the CampMinder System, which provisions may be modified and supplemented from time to time, including without limitation, the then-current version of the CampMinder Terms of Use (available at: https://legal.campminder.com/terms-of-service/) and the CampMinder Privacy Policy (available at https://legal.campminder.com/privacy-policy/).
3. PROHIBITED ACTS
Licensee shall not, nor shall it permit any Authorized User or any other individual or entity to: (a) use or access the Software Products except as expressly permitted by this Agreement; (b) disassemble, decompile, or decrypt any applications, software, source code, or other computer language that provides or helps to provide functionality (including query results) in the Software Products, or that otherwise powers or comprises the Software Products; (c) remove, alter, cover, or obscure the copyright or other proprietary notices appearing in the Software Products; (d) alter, modify, or prepare derivative works based on any software or application accessible through the Software Products; (e) sell, license, rent or otherwise make available the Software Products or a Third Party Service to, or use any part of the Software Products or a Third Party Service for the benefit of, anyone other than Licensee or Authorized Users; (f) use the Software Products or a Third Party Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (g) use the Software Products or a Third Party Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; (h) interfere with or disrupt the integrity or performance of the Software Products or third-party data contained therein; (i) attempt to gain unauthorized access to the Software Products or its related systems; (j) access the Software Products in order to build or assist in building a competitive service or to benchmark with a non-CampMinder service; (k) reverse engineer the Software Products (to the extent such restriction is permitted by law); or (l) share credentials or any kind of access to the CampMinder System with users outside Licensee’s organization.
B. CAMPMINDER'S WARRANTIES AND DISCLAIMERS
CampMinder warrants that the Software Products will perform substantially in accordance with the applicable documentation for the respective Software Products. THIS WARRANTY IS THE ONLY WARRANTY MADE BY CAMPMINDER WITH RESPECT TO THE CAMPMINDER SYSTEM OR THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CAMPMINDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. FURTHER, THE WARRANTY SET FORTH ABOVE: (A) IS CONTINGENT UPON LICENSEE’S PROPER USE OF THE SOFTWARE PRODUCTS AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT; (B) DOES NOT GUARANTEE EXECUTION OR OPERATION OF THE SOFTWARE PRODUCTS WITHOUT INTERRUPTIONS, BUGS, OR ERRORS, OR THAT ALL ERRORS WILL BE CORRECTED; (C) DOES NOT COVER ANY BREACHES TO THE EXTENT CAUSED BY THIRD PARTY HOSTING , INTERNET, OR OTHER THIRD PARTY SERVICE PROVIDERS OUTSIDE THE CONTROL OF CAMPMINDER; (D) DOES NOT APPLY TO LICENSEE DATA OR TO DATA (INCLUDING PERSONAL DATA) TO THE EXTENT THE INPUT, OUTPUT, ACCURACY, AND/OR SUITABILITY OF WHICH ARE MADE BY, OR UNDER CONTROL OF, LICENSEE OR AN AUTHORIZED USER; (E) DOES NOT GUARANTEE THAT THE SOFTWARE PRODUCTS AND/OR THE RELATED APPLICATIONS WILL MEET LICENSEE’S REQUIREMENTS OR OPERATE IN THE COMBINATIONS LICENSEE MAY SELECT OR USE; (F) IS AUTOMATICALLY AND IMMEDIATELY VOID UPON ANY MATERIAL BREACH OF THIS AGREEMENT BY LICENSEE OR AN AUTHORIZED USER, OR UPON ANY ACCESS OR USE OF THE SOFTWARE PRODUCTS NOT PERMITTED BY THIS AGREEMENT; AND (G) WILL BECOME VOID IF THE ALLEGED BREACH IS NOT DULY REPORTED TO CAMPMINDER WITHIN FIFTEEN (15) DAYS AFTER LICENSEE BECOMES AWARE THEREOF. CAMPMINDER’S ENTIRE LIABILITY AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE, AT CAMPMINDER’S OPTION, FOR CAMPMINDER TO CORRECT SUCH NONCONFORMITY BY REPAIR, REPLACEMENT, RECONFIGURATION, OR SUITABLE WORKAROUND, OR TO TERMINATE THIS AGREEMENT AND REFUND THE PORTION OF THE LICENSE FEE ACTUALLY RECEIVED BY CAMPMINDER DIRECTLY RELATING TO THE NONCONFORMING SOFTWARE PRODUCTS IN THE PRIOR TWELVE (12) MONTH PERIOD TO THE CLAIM ARISING.
C. LIMITATION OF LIABILITY
EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT LICENSEE’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION BELOW. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO MAINTAIN A STORED BACKUP COPY OF LICENSEE’S DATA IN THE EVENT THAT THE SOFTWARE PRODUCTS ARE RENDERED UNAVAILABLE FOR ANY LENGTH OF TIME.
D. PAYMENT
Licensee shall pay CampMinder the amounts, and at the times, specified in the Order Form for the license granted under Section 1(a)(1) hereof and other products and services that CampMinder may provide from time to time, including the Software Products. The license fee may increase each year to account for inflation, development enhancements, increased costs of doing business, and otherwise; provided CampMinder provides you with at least thirty (30) days prior written notice (email sufficient). The parties acknowledge and agree that new products, new modules and new versions of the CampMinder System shall not be limited by the price increases more specifically described herein. All amounts billed by CampMinder are due within 30 days of the invoice date. Unless otherwise set forth in an Order Form, CampMinder is hereby irrevocably authorized to withdraw the invoice amount from Licensee’s funds on or after the specified payment date, unless Licensee advises CampMinder in writing within ten days after receiving the invoice that such withdrawal is not authorized, setting forth the applicable reasons. Without limiting CampMinder’s other remedies, if any payment owed by Licensee is unpaid more than 30 days from the invoice date, CampMinder may (1) add late fees of 1.5% per month to the amount due, (2) accelerate Licensee’s fee obligations for the remaining term of this Agreement so that all such fees become immediately due and payable, and (3) suspend services, including but not limited to access to the Software Products, the CampMinder System, the Licensee Data and general support, to Licensee until such amounts are paid in full. BY PROVIDING THE FOREGOING AND SIGNING AND RETURNING THE AGREEMENT AND ASSOCIATED ONBOARDING INFORMATION, LICENSEE, UNLESS OTHERWSIE SET FORTH IN AN ORDER FORM, HEREBY AUTHORIZES CAMPMINDER TO WITHDRAW THE APPLICABLE AMOUNTS FROM LICENSEE’S CHECKING ACCOUNT IN ACCORDANCE WITH THIS AGREEMENT FROM THE EFFECTIVE DATE UNLESS LICENSEE ADVISES CAMPMINDER, IN WRITING WITHIN TEN (10) DAYS AFTER CAMPMINDER PROVIDES WRITTEN NOTICE OF ITS INTENT TO MAKE ANY SUCH WITHDRAWAL, THAT SUCH WITHDRAWAL IS NOT AUTHORIZED AND SETTING FORTH THE APPLICABLE REASONS
E. TRAINING; CONSULTATION
CampMinder agrees to provide consultation via telephone and via CampMinder’s electronic ticketing system regarding the use of the CampMinder System to Authorized Users, at the hours and in the manner, specified in Schedule B. CampMinder shall use commercially reasonable efforts to respond to Licensee’s requests for assistance with reasonable care and speed. Licensee acknowledges that delays in response time may result from time to time because, among other things, CampMinder requires additional information from Licensee in order to provide the information or resolution to address the Licensee request(s). Licensee also acknowledges that delays may result due to unforeseen technical and/or personnel problems encountered by CampMinder. If CampMinder determines that Licensee's requests for consultation are excessive in scope of hours, frequency of consultation, speed of resolution or otherwise, CampMinder shall notify Licensee and may, but has no obligation to, provide enhanced consultation at an additional fee in accordance with Order Form.
F. PROPRIETARY RIGHTS AND LICENSES
Subject to the limited rights expressly granted under this Agreement, CampMinder and its licensors reserve all right, title and interest in and to the Software Products, and in and to the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the CampMinder System, including all related intellectual property rights. No rights are granted to Licensee under this Agreement except as expressly set forth herein. Licensee grants to CampMinder, its affiliates and applicable contractors a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use, distribute, reproduce, modify, and display the Licensee Data, as reasonably necessary for CampMinder to (i) provide the Software Products and associated services (including access to Third Party Services) in accordance with this Agreement; (ii) evaluate and provide benchmarking, analytics and trends for Licensee and, on an aggregated basis, evaluate and provide trends, analytics, best practices, and benchmarking for CampMinder, third parties and its other customers; and (iii) improve the Software Products and associated services. Except for the limited license granted herein, no rights in Licensee Data are granted to CampMinder under this Agreement. Licensee grants to CampMinder and its affiliates a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use and incorporate into CampMinder’s and/or its affiliates’ services any suggestion, enhancement request, recommendation, correction or other feedback provided by Licensee or its Authorized Users relating to the operation of the Software Products or CampMinder’s services.
G. CONFIDENTIALITY
“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Licensee’s Confidential Information includes Licensee Data; CampMinder’s Confidential Information includes the Software Products; and Confidential Information of each party includes the terms of this Agreement (including pricing). Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) is received from a third party, or known to the Receiving Party prior to its disclosure by the Disclosing Party, without breach of any obligation owed to the Disclosing Party, or (c) was independently developed by the Receiving Party.
The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (and at least reasonable care) to (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
H. COMPLIANCE WITH LAWS AND REGULATIONS
Licensee shall comply with all applicable laws and regulations in connection with this Agreement including, without limitation, as to disclosure or use of all information and materials which CampMinder obtains on behalf of Licensee or Licensee’s campers, parents, staff, customers and/or affiliated persons and entities.
I. PRIVACY AND DATA SECURITY
During the course of the Agreement, CampMinder may receive or have access to Personal Data of Licensee. CampMinder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for CampMinder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee.
In the event the Parties must enter into any agreement or additional provisions to maintain compliance with all applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to CampMinder, and will promptly advise CampMinder if Licensee becomes or provides any information subject to HIPAA.
CampMinder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by CampMinder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then CampMinder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
J. THIRD PARTY SERVICES
Licensee or its Authorized Users may use the Software Products to obtain one or more Third Party Services from the provider that CampMinder retains from time to time to provide that Third Party Service (a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants CampMinder permission to allow the Third Party Provider to access Licensee’s Data as required for the interoperation of that Third Party Service with the Software Products.
CampMinder does not guarantee or warrant the continued availability of any Software Products features designed to interoperate with Third Party Services. CampMinder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, if for example and without limitation, the Third Party Provider ceases to make the Third Party Service available for interoperation with the Software Products in a manner acceptable to CampMinder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by CampMinder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES. Without limiting the preceding sentence, CampMinder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider. Licensee shall comply with the terms of service of any Third Party Service with which Licensee uses the Software Products, and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES.
If Licensee uses any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or CampMinder to share Personal Data, which would specifically include biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
K. INDEMNIFICATION
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY LIABILITY, COST OR EXPENSE (INCLUDING ATTORNEY’S FEES), ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT BY LICENSEE OR ITS AUTHORIZED USERS.
2. MISCELLANEOUS
A. BINDING EFFECT; ASSIGNMENT
This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person, other than the parties hereto and the indemnified parties, any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement, and no other person shall be deemed a third-party beneficiary under or by reason of this Agreement. Licensee shall not sell, transfer, lease, assign, pledge, mortgage or otherwise dispose of any of the rights, privileges, duties, and obligations granted or imposed hereunder without CampMinder’s prior consent. Notwithstanding anything to the contrary contained herein, CampMinder may freely assign this Agreement to any affiliate or subsidiary or to a third party pursuant to any acquisition, merger or change of control of CampMinder.
B. ENTIRE AGREEMENT; SURVIVAL; AMENDMENT; WAIVER
This Agreement constitutes the entire agreement between CampMinder and Licensee and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter hereof expressly including any license agreement between the parties. The provisions of the following sections, and the applicable schedules referred to therein, will survive the termination or expiration of this Agreement for any reason: Section 1(a) (3), 1(c), 1(g), 1(h), 1(i), and Section 2 all except (c) and (f). Unless otherwise expressly provided in this Agreement, no delay or omission on the part of any party in exercising any right or privilege under this Agreement shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right under this Agreement operate as a waiver of any other right or privilege under this Agreement nor shall any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under this Agreement. Notwithstanding anything to the contrary contained herein, CampMinder reserves the right, in its sole discretion to make any changes to the Software Products or associated services (including Third Party Services) that it deems necessary or useful, including but not limited to: (a) maintain or enhance: (i) the quality or delivery of the Software Products to its customers; (ii) the competitive strength of or market for the Software Products; or (iii) the Software Products cost efficiency or performance; or (b) to comply with applicable laws or regulations. CampMinder may modify or amend this Agreement at any time by posting access to details of any modifications or amendments to this Agreement at https://legal.campminder.com/mla/.
Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or made for legal reasons will be effective immediately. If you don’t agree to any modified or amended terms in the Agreement, you must stop using the Services. Your continued use of the Software Products after the effective date of any changes constitutes your agreement to follow and be bound by such changes.
C. TERM
This agreement has an initial term of one year, and it shall automatically renew each year on the anniversary of the Effective Date (the “Anniversary Date”) for successive one (1) year periods unless terminated by either party on written notice at least ninety (90) days prior to an Anniversary Date (the “Term”). For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 that it desires for the CampInTouch Summer Services contract to terminate.” . Notwithstanding anything to the contrary contained herein, CampMinder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
D. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Each of the parties irrevocably and unconditionally agrees that any legal proceeding arising under or in connection with this Agreement except those seeking injunctive relief shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Licensee has read and understood this Agreement and has consulted with an attorney to the extent Licensee has deemed advisable. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
E. TERMINATION
Upon any material breach by Licensee, including, but not limited to, any breach of the restrictions on Software Products use contained herein, CampMinder may terminate this Agreement and the license granted hereunder, or suspend CampMinder’s services to Licensee until such breach is cured. Termination or suspension will not be exclusive of any other remedy available under this Agreement or applicable law. Upon termination of this Agreement for any reason whatsoever, (i) the license granted Licensee shall immediately cease and terminate, (ii) Licensee shall immediately cease use of the Software Products and (iii) Licensee shall immediately make any payments due to CampMinder.
F. TRIAL PERIOD; REFUNDS
During the first ninety (90) days after the Effective Date of your original master license agreement with CampMinder (the “Trial Period”), Licensee may terminate this Agreement and receive a refund, upon notice to CampMinder specifying the circumstances with as much detail as practical. Except as described in this Sections 2(C) and 2(F), the license fee is nonrefundable.
NOTWITHSTANDING SECTION 1.B OR ANYTHING TO THE CONTRARY CONTAINED HEREIN, DURING THE TRIAL PERIOD THE SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
If this Agreement is terminated by Licensee during the Trial Period, CampMinder shall refund in full the license fees paid under this Agreement. If this Agreement is terminated by CampMinder in accordance with Section 2(E), Licensee shall immediately pay any unpaid fees covering the remainder of the term of this Agreement. In no event will termination relieve Licensee of Licensee’s obligation to pay any fees payable to CampMinder for the period prior to the effective date of termination.
G. OUTAGES; ALTERNATIVE ACCESS
In the event of a failure or malfunction of the CampMinder site for a continuous period of seventy-two hours or more such that Licensee cannot access CampMinder for the purposes delineated herein (an “outage”), CampMinder will use commercially reasonable efforts to provide alternative access to the CampMinder System and Licensee Data. These steps may include, at CampMinder’s option, using a different Internet host, data center or bandwidth provider. Any delays or failure in performance by any party under this Agreement shall not be considered a breach of this Agreement if, and to the extent, caused by occurrences beyond the reasonable control of the party affected, including, but not limited to, acts of God, governmental restrictions, data center outages, power outages, fire, flood, explosion or the like.
H. NOTICES
Any notices or other communications required or permitted hereunder shall be in writing and shall be sufficiently given if sent by overnight mail, registered mail or certified mail, postage prepaid, by facsimile (with receipt confirmed telephonically) or by hand, to the parties at the addresses set forth above or such other address as either party provides with reasonable advance notice. In the event that Licensee’s address for notice changes during the Term, Licensee shall promptly provide CampMinder with such new address in accordance with this Section 2(H) of this Agreement.
I. SEVERABILITY
If any provision of this Agreement shall be held invalid, unenforceable or void, a suitable and equitable provision shall be substituted therefore in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
J. USE OF LICENSEE NAME
CampMinder shall be permitted to use Licensee’s name, and to generally disclose the services provided to Licensee hereunder, provided that CampMinder does not disclose any Confidential Information relating to Licensee or its operations
K. MERCHANT PROCESSING; CREDIT CARD DATA
During the term hereof, CampMinder agrees to maintain PCI compliance to the extent required by law in order to provide the services described under this Section 2(K) of this Agreement. Licensee is responsible for its individual PCI compliance and annual validation to its credit card services provider. Except for data collected through (i) CampMinder (or its affiliate or subsidiary), (ii) the merchant processing partner designated by CampMinder, or (iii) in explicitly designated, PCI compliant sections of the Software Products, Licensee shall not under any circumstances use the Software Products to collect or store credit card or bank account information of its users.
1. USE OF DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through CampMinder, then Licensee shall do so by entering into a separate agreement with either (i) CampMinder (or its affiliate or subsidiary) or (ii) the merchant processing partner designated by CampMinder, which agreement shall contain such terms and conditions as Licensee and either (i) CampMinder (or its affiliate or subsidiary) or (ii) such merchant processing partner agree upon from time to time, and provided further, if Licensee makes such election under this Section 2(K)(1), Licensee hereby authorizes CampMinder to access and use the Licensee Data, including Licensee’s transaction records, statements, notices and other merchant processing data in the merchant processing partner’s back office platform and administrative and reporting tools and systems. Fees charged by payment processing providers may change from time to time upon thirty (30) days prior written notice.
2. USE OF NON-DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee desires to process credit card payments or ACH e-check payments through the Software Products but not through a merchant processing partner designated by CampMinder (“Non-Designated Processing Provider”), then Licensee must get written consent from CampMinder, which consent may be withheld in CampMinder’s sole discretion. Provided that Licensee obtains such consent from CampMinder, then Licensee may select such Non-Designated Processing Provider and process payments through such Non-Designated Processing Provider; provided Licensee enters into a separate agreement with such Non-Designated Processing Provider which agreement shall contain any and all such terms and conditions for the provision of credit card processing as Licensee and such Non-Designated Processing Provider agree upon from time to time.
In exchange for CampMinder permitting the Licensee to utilize the Software Products with a Non-Designated Processing Provider, Licensee shall pay CampMinder a convenience fee (“Convenience Fee”) which Convenience Fee shall be a percentage of every dollar processed through the Non-Designated Processing Provider via the Software Products as set forth in an Order Form. At the end of each month, CampMinder will invoice Licensee the Convenience Fee as determined by the dollars processed through the Non-Designated Processing Provider each month. CampMinder reserves the right to increase the Convenience Fee in its sole discretion effective upon notice to Licensee.
L. COUNTERPARTS
This Agreement may be executed by facsimile, electronic signature, pdf or other electronic means in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument binding on the parties, notwithstanding that all the parties are not signatories to the original or the same counterpart.
Schedule A
BACKGROUND SEARCH SERVICES
CampMinder may provide Licensee with the option of obtaining certain background check services selected from the options set forth in the applicable Software Product module from time to time (the “Services”). As a precondition to obtaining the Services, Licensee agrees to the terms and conditions set forth in (i) this Agreement including, in particular, this Schedule A and (ii) any “end user certification” and/or other documentation required by the background check fulfillment company that CampMinder retains from time to time to provide the Services (the “Background Check Provider”). For these Services, Licensee agrees to pay the amount specified in the "check out window" from time to time, plus any additional fees incurred as a result of an automatically triggered additional search, as described in the checkout process. The provisions of this Schedule A shall control in the event of any conflict with any other provision of this Agreement, including the Schedules thereto.
1. WARRANTY; DISCLAIMER OF WARRANTY.
CampMinder warrants that CampMinder will accurately communicate Licensee’s order to the Background Check Provider and will accurately communicate the results provided within seven (7) business days of receiving them from the Background Check Provider. The warranty set forth in this section will become void unless Licensee reports any deficiencies in the Services provided under this Schedule A to CampMinder in writing, within twenty-one (21) days after the performance of the Services.
CampMinder’s entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at CampMinder’s option, for CampMinder to correct such nonconformity by re-performance of the Services found to be deficient, or to refund the fees actually received by CampMinder with respect to the deficient Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO THE BACKGROUND CHECK PROVIDER FOR PERFORMANCE OF THE SERVICES. CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY SUCH BACKGROUND CHECK PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. FURTHER, BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
2. LIMITATION OF LIABILITY.
CAMPMINDER MAKES NO REPRESENTATION THAT THE INFORMATION RETRIEVED FROM GOVERNMENTAL AND OTHER DATABASES AND REPORTED TO LICENSEE IN CONNECTION WITH THE SERVICES IS TRUE, CORRECT OR COMPLETE.
Licensee acknowledges and agrees that it is Licensee’s exclusive responsibility to use the background search information provided by CampMinder or the Background Check Provider in accordance with all applicable employment and other laws and that CampMinder shall have no liability or responsibility related to or arising from Licensee’s illegal, unauthorized or improper use or disclosure of any background search information provided by CampMinder or the Background Check Provider to Licensee.
EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE OR INTERNATIONAL DATA PROTECTION LAWS, CAMPMINDER’S AGGREGATE LIABILITY FOR ANY COSTS OR DAMAGES ARISING FROM ANY FAILURE OF CAMPMINDER TO CORRECTLY PROVIDE THE RESULTS OF THE RELEVANT SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR SUCH SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM ARISING. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE LAWS, IN NO EVENT SHALL CAMPMINDER BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE BACKGROUND SEARCH SERVICES OR THE INFORMATION PROVIDED BY CAMPMINDER TO LICENSEE.
3. INDEMNIFICATION.
Licensee shall indemnify and hold harmless CampMinder, its affiliates and their respective owners, management, employees and agents from any liability, cost or expense (including attorney’s fees), directly or indirectly relating to any use or disclosure by Licensee or any of its directors, officers, employees, agents, or volunteers of any background search information provided by CampMinder to Licensee, and all losses, costs, damages, expenses and liabilities, including costs, penalties and attorney’s fees, incurred by each of them as a result of such third party claims.
SCHEDULE B
GENERAL SUPPORT AND CONSULTATION POLICIES
During the Term, CampMinder will use commercially reasonable efforts to provide support and consultation by telephone and by CampMinder’s electronic ticketing system to Licensee and Authorized Users through two channels in accordance with the following:
- Electronic Ticketing System Support – This is the most efficient way to submit and track support issues. CampMinder strongly encourages Administrative Users to initiate all support requests through the CampMinder Electronic Ticketing System. Electronic support is offered to all Authorized Users.
- Telephone Consultation - CampMinder also provides Telephone Consultation to help resolve support issues. Telephone support is offered to Administrative Users.
The days and hours of operation for the above support and consultation can be found at https://legal.campminder.com.
Training
CampMinder provides one training session for each Software Product module licensed to Licensee hereunder at no additional cost and in accordance with the training policies and procedures set forth at (https://legal.campminder.com) (“Training Policies and Procedures”). Training sessions are scheduled at mutually convenient times during Phone Support Hours. Each training session covers one or more specific Software Product module and shall be conducted in accordance with the Training Policies and Procedures. Licensee will designate one Administrative User to act as a single point of contact as a training coordinator (the “Specialist”) for the Licensee. The Specialist is obligated to ensure that all training sessions are attended by the Licensee organization member deemed most appropriate to receive the training on the Software Product module. The same Administrative User may act as the designated Licensee member for multiple Software Product modules. Licensee acknowledges and agrees that any additional trainings beyond the initial training per Software Product module or for which Licensee does not adhere to the Training Policies and Procedures shall be provided at a rate of $165 per hour with a one hour minimum and which rates are subject to change from time to time. Licensee may designate one or more replacement Specialists in writing from time to time. Licensee agrees that all questions pertaining to a Software Product module shall initially be routed to the Specialist assigned to that particular Software Product module prior to contacting CampMinder support.
Effective March 7th 2019 to March 7th 2019
DownloadTable of Contents
THIS MASTER LICENSE AGREEMENT ("AGREEMENT") GOVERNS YOUR USE OF AND ACCESS TO THE SERVICES PROVIDED BY CAMPMINDER, LLC , A COLORADO LIMITED LIABILITY COMPANY ("CAMPMINDER"), WHETHER IN CONNECTION WITH A SERVICE PLAN (AS DEFINED IN THE ORDER FORM) OR A FREE TRIAL OF THE SERVICES. This Agreement is effective as of the date you accept it (the “Effective Date”). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. You represent that you are at least 18 years of age.
OVERVIEW
CampMinder provides an online service that allows Authorized Users to submit input and obtain results using one or more of CampMinder’s various Software Products. The intended use of the Software Products is to help manage and administer Licensee’s business (the “Business”).
DEFINITIONS
“Administrative User” shall mean an individual who is currently or proposed to be employed or retained by Licensee and designated by Licensee to manage and maintain the Licensee Data using CampMinder’s services.
"Authorized User" shall mean an individual who is either an Administrative User or a CampInTouch User.
“CampInTouch User” shall mean an individual who is a current, former or prospective staff member of Licensee, current or former camper of Licensee, or a parent, guest, legal guardian, or caregiver thereof, who is authorized under this Agreement to use the Software Products. No one other than an Authorized User may access and use the Software Products.
"CampMinder System" shall mean the CampMinder Software Products (including the Online Forms) developed, deployed and delivered by CampMinder, including, among other things, underlying software and applications.
“Confidential Information” means all trade secrets, business and financial information, software, machine and operator instructions, business methods, procedures, know-how, and other information that relates to the business or technology of either party and is marked or identified as confidential, or disclosed in circumstances that would lead a reasonable person to believe such information is confidential. For avoidance of doubt, the CampMinder System is CampMinder Confidential Information.
“Data Protection Law” means all federal, state, local and foreign laws, statutes, regulations, rules, and official guidance applicable to the protection of Personal Data under this Agreement in all relevant jurisdictions.
“Licensee Data” shall mean all data (including but not limited to Personal Data) imported into the CampMinder System or input into the CampMinder System by Authorized Users of the Software Products.
“Online Forms” shall mean the Software Products which permit CampInTouch Users to input data.
“Order Form” shall mean the CampMinder order form that sets forth the Software Products, payment information and such other terms and conditions, attached hereto and incorporated herein by this reference, and shall be subject to and governed by the terms and conditions of this Agreement. Each Order Form shall remain in full force and effect unless and until Licensee signs a new Order Form that specifically replaces such prior Order Form. Notwithstanding anything to the contrary contained herein, if a Licensee has not signed an Order Form in connection with this Agreement related to its Software Products, pricing or payment terms and rather has signed a previous agreement with CampMinder that includes a Schedule A (“Schedule A”) setting forth the Software Products and a Schedule E as amended with any price increases from time to time (“Scheduled E”) setting forth the pricing, payment terms and other terms and conditions, then the Licensee’s Schedule A and Schedule E shall remain in full force and effect and be deemed the Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth the Software Products and pricing, payment and other terms. Further, notwithstanding anything to the contrary contained herein, if a Licensee has not signed an Order Form for CampMinder’s photo, news, camper communication, and/or video system (“Summer Services”) in connection with this Agreement and rather has signed a previous agreement with CampMinder that includes a Schedule E-1 or an Addendum (“Summer Services Schedule”) setting forth the Summer Services, pricing, payment and other related terms, then the Licensee’s Summer Services Schedule shall remain in full force and effect and be deemed to be included in the definition of Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth or replaces the Summer Services.
“Personal Data” means all information that CampMinder receives from Licensee or Authorized Users in the course of this Agreement that identifies or can be used to identify any specific individual or otherwise concerns the personal circumstances of an identified individual and accordingly is protected under Data Protection Law. Personal Data includes without limitation “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), “Personal Data” as defined in Regulation (EU) 2016/679 (together with any national implementations thereof, “GDPR”), and “personal information” as defined under the Massachusetts Standards for the Protection of Personal Data of Residents of the Commonwealth (201 CMR 17.01 et seq.).
“Software Products” shall refer to the then-current version (inclusive of any updates or modifications thereto) of those computer program modules and accompanying graphical user interfaces described in Order Form to this Agreement.
“Third Party Service” shall mean a third party (non CampMinder) product or service that interoperates with the Software Products and that Licensee or its Authorized Users may access in connection with using the Software Products, including by way of example and not limitation credit card, transaction and merchant processing (including but not limited to the services described in Section 2(K) of this Agreement), API access or background check services.
TERMS AND CONDITIONS
1. GRANT OF LICENSES AND RELATED RIGHTS
A. SCOPE OF LICENSES
1. GENERALLY
During the Term, CampMinder grants to Licensee, and Licensee accepts, a non-exclusive, revocable, nontransferable, limited license on the terms set forth herein to access and use the Software Products only with the CampMinder modules specified by Licensee from among those listed in Order Form. Licensee shall prevent unauthorized access to or use of the Software Products, and notify CampMinder promptly of any such unauthorized access or use.
As between CampMinder and Licensee, all data input into the CampMinder System by an Authorized User is considered Licensee Data owned by Licensee, except as otherwise agreed upon by Licensee and CampMinder or as otherwise set forth in this Agreement. CampMinder acknowledges that Licensee Data is valuable property of Licensee, and CampMinder warrants that it will use commercially reasonable efforts to back-up Licensee’s data in accordance with CampMinder’s then current data backup policy. Licensee is solely responsible for the accuracy, quality and legality of Licensee Data and the means by which Licensee acquired the Licensee Data. Licensee may designate one or more Administrative Users who shall have limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that, except for the limited license expressly granted hereunder and the Licensee Data, all right, title, and interest in and to the Software Products and the associated applications and functionality of the Software Products are and shall remain CampMinder's sole and exclusive property, and that the Software Products shall not be used in any manner except as expressly permitted by this Agreement.
2. AUTHORIZED USERS
To access and use the Software Products, one must be an Authorized User. Licensee must protect and ensure the confidential nature of each Authorized User’s Login ID and password, as well as the Licensee Data and Licensee is solely responsible for the use of Each Authorized User’s Login ID and password. Licensee shall designate one or more Administrative Users and shall allow such Administrative Users limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that CampMinder intends to require each Authorized User to contractually agree to certain provisions as a precondition to use of the CampMinder System, which provisions may be modified and supplemented from time to time, including without limitation, the then-current version of the CampMinder Terms of Use (available at: https://legal.campminder.com/terms-of-service/) and the CampMinder Privacy Policy (available at https://legal.campminder.com/privacy-policy/).
3. PROHIBITED ACTS
Licensee shall not, nor shall it permit any Authorized User or any other individual or entity to: (a) use or access the Software Products except as expressly permitted by this Agreement; (b) disassemble, decompile, or decrypt any applications, software, source code, or other computer language that provides or helps to provide functionality (including query results) in the Software Products, or that otherwise powers or comprises the Software Products; (c) remove, alter, cover, or obscure the copyright or other proprietary notices appearing in the Software Products; (d) alter, modify, or prepare derivative works based on any software or application accessible through the Software Products; (e) sell, license, rent or otherwise make available the Software Products or a Third Party Service to, or use any part of the Software Products or a Third Party Service for the benefit of, anyone other than Licensee or Authorized Users; (f) use the Software Products or a Third Party Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (g) use the Software Products or a Third Party Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; (h) interfere with or disrupt the integrity or performance of the Software Products or third-party data contained therein; (i) attempt to gain unauthorized access to the Software Products or its related systems; (j) access the Software Products in order to build or assist in building a competitive service or to benchmark with a non-CampMinder service; (k) reverse engineer the Software Products (to the extent such restriction is permitted by law); or (l) share credentials or any kind of access to the CampMinder System with users outside Licensee’s organization.
B. CAMPMINDER'S WARRANTIES AND DISCLAIMERS
CampMinder warrants that the Software Products will perform substantially in accordance with the applicable documentation for the respective Software Products. THIS WARRANTY IS THE ONLY WARRANTY MADE BY CAMPMINDER WITH RESPECT TO THE CAMPMINDER SYSTEM OR THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CAMPMINDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. FURTHER, THE WARRANTY SET FORTH ABOVE: (A) IS CONTINGENT UPON LICENSEE’S PROPER USE OF THE SOFTWARE PRODUCTS AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT; (B) DOES NOT GUARANTEE EXECUTION OR OPERATION OF THE SOFTWARE PRODUCTS WITHOUT INTERRUPTIONS, BUGS, OR ERRORS, OR THAT ALL ERRORS WILL BE CORRECTED; (C) DOES NOT COVER ANY BREACHES TO THE EXTENT CAUSED BY THIRD PARTY HOSTING , INTERNET, OR OTHER THIRD PARTY SERVICE PROVIDERS OUTSIDE THE CONTROL OF CAMPMINDER; (D) DOES NOT APPLY TO LICENSEE DATA OR TO DATA (INCLUDING PERSONAL DATA) TO THE EXTENT THE INPUT, OUTPUT, ACCURACY, AND/OR SUITABILITY OF WHICH ARE MADE BY, OR UNDER CONTROL OF, LICENSEE OR AN AUTHORIZED USER; (E) DOES NOT GUARANTEE THAT THE SOFTWARE PRODUCTS AND/OR THE RELATED APPLICATIONS WILL MEET LICENSEE’S REQUIREMENTS OR OPERATE IN THE COMBINATIONS LICENSEE MAY SELECT OR USE; (F) IS AUTOMATICALLY AND IMMEDIATELY VOID UPON ANY MATERIAL BREACH OF THIS AGREEMENT BY LICENSEE OR AN AUTHORIZED USER, OR UPON ANY ACCESS OR USE OF THE SOFTWARE PRODUCTS NOT PERMITTED BY THIS AGREEMENT; AND (G) WILL BECOME VOID IF THE ALLEGED BREACH IS NOT DULY REPORTED TO CAMPMINDER WITHIN FIFTEEN (15) DAYS AFTER LICENSEE BECOMES AWARE THEREOF. CAMPMINDER’S ENTIRE LIABILITY AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE, AT CAMPMINDER’S OPTION, FOR CAMPMINDER TO CORRECT SUCH NONCONFORMITY BY REPAIR, REPLACEMENT, RECONFIGURATION, OR SUITABLE WORKAROUND, OR TO TERMINATE THIS AGREEMENT AND REFUND THE PORTION OF THE LICENSE FEE ACTUALLY RECEIVED BY CAMPMINDER DIRECTLY RELATING TO THE NONCONFORMING SOFTWARE PRODUCTS IN THE PRIOR TWELVE (12) MONTH PERIOD TO THE CLAIM ARISING.
C. LIMITATION OF LIABILITY
EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT LICENSEE’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION BELOW. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO MAINTAIN A STORED BACKUP COPY OF LICENSEE’S DATA IN THE EVENT THAT THE SOFTWARE PRODUCTS ARE RENDERED UNAVAILABLE FOR ANY LENGTH OF TIME.
D. PAYMENT
Licensee shall pay CampMinder the amounts, and at the times, specified in the Order Form for the license granted under Section 1(a)(1) hereof and other products and services that CampMinder may provide from time to time, including the Software Products. The license fee may increase each year to account for inflation, development enhancements, increased costs of doing business, and otherwise; provided CampMinder provides you with at least thirty (30) days prior written notice (email sufficient). The parties acknowledge and agree that new products, new modules and new versions of the CampMinder System shall not be limited by the price increases more specifically described herein. All amounts billed by CampMinder are due within 30 days of the invoice date. Unless otherwise set forth in an Order Form, CampMinder is hereby irrevocably authorized to withdraw the invoice amount from Licensee’s funds on or after the specified payment date, unless Licensee advises CampMinder in writing within ten days after receiving the invoice that such withdrawal is not authorized, setting forth the applicable reasons. Without limiting CampMinder’s other remedies, if any payment owed by Licensee is unpaid more than 30 days from the invoice date, CampMinder may (1) add late fees of 1.5% per month to the amount due, (2) accelerate Licensee’s fee obligations for the remaining term of this Agreement so that all such fees become immediately due and payable, and (3) suspend services, including but not limited to access to the Software Products, the CampMinder System, the Licensee Data and general support, to Licensee until such amounts are paid in full. BY PROVIDING THE FOREGOING AND SIGNING AND RETURNING THE AGREEMENT AND ASSOCIATED ONBOARDING INFORMATION, LICENSEE, UNLESS OTHERWSIE SET FORTH IN AN ORDER FORM, HEREBY AUTHORIZES CAMPMINDER TO WITHDRAW THE APPLICABLE AMOUNTS FROM LICENSEE’S CHECKING ACCOUNT IN ACCORDANCE WITH THIS AGREEMENT FROM THE EFFECTIVE DATE UNLESS LICENSEE ADVISES CAMPMINDER, IN WRITING WITHIN TEN (10) DAYS AFTER CAMPMINDER PROVIDES WRITTEN NOTICE OF ITS INTENT TO MAKE ANY SUCH WITHDRAWAL, THAT SUCH WITHDRAWAL IS NOT AUTHORIZED AND SETTING FORTH THE APPLICABLE REASONS
E. TRAINING; CONSULTATION
CampMinder agrees to provide consultation via telephone and via CampMinder’s electronic ticketing system regarding the use of the CampMinder System to Authorized Users, at the hours and in the manner, specified in Schedule B. CampMinder shall use commercially reasonable efforts to respond to Licensee’s requests for assistance with reasonable care and speed. Licensee acknowledges that delays in response time may result from time to time because, among other things, CampMinder requires additional information from Licensee in order to provide the information or resolution to address the Licensee request(s). Licensee also acknowledges that delays may result due to unforeseen technical and/or personnel problems encountered by CampMinder. If CampMinder determines that Licensee's requests for consultation are excessive in scope of hours, frequency of consultation, speed of resolution or otherwise, CampMinder shall notify Licensee and may, but has no obligation to, provide enhanced consultation at an additional fee in accordance with Order Form.
F. PROPRIETARY RIGHTS AND LICENSES
Subject to the limited rights expressly granted under this Agreement, CampMinder and its licensors reserve all right, title and interest in and to the Software Products, and in and to the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the CampMinder System, including all related intellectual property rights. No rights are granted to Licensee under this Agreement except as expressly set forth herein. Licensee grants to CampMinder, its affiliates and applicable contractors a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use, distribute, reproduce, modify, and display the Licensee Data, as reasonably necessary for CampMinder to (i) provide the Software Products and associated services (including access to Third Party Services) in accordance with this Agreement; (ii) evaluate and provide benchmarking, analytics and trends for Licensee and, on an aggregated basis, evaluate and provide trends, analytics, best practices, and benchmarking for CampMinder, third parties and its other customers; and (iii) improve the Software Products and associated services. Except for the limited license granted herein, no rights in Licensee Data are granted to CampMinder under this Agreement. Licensee grants to CampMinder and its affiliates a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use and incorporate into CampMinder’s and/or its affiliates’ services any suggestion, enhancement request, recommendation, correction or other feedback provided by Licensee or its Authorized Users relating to the operation of the Software Products or CampMinder’s services.
G. CONFIDENTIALITY
“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Licensee’s Confidential Information includes Licensee Data; CampMinder’s Confidential Information includes the Software Products; and Confidential Information of each party includes the terms of this Agreement (including pricing). Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) is received from a third party, or known to the Receiving Party prior to its disclosure by the Disclosing Party, without breach of any obligation owed to the Disclosing Party, or (c) was independently developed by the Receiving Party.
The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (and at least reasonable care) to (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
H. COMPLIANCE WITH LAWS AND REGULATIONS
Licensee shall comply with all applicable laws and regulations in connection with this Agreement including, without limitation, as to disclosure or use of all information and materials which CampMinder obtains on behalf of Licensee or Licensee’s campers, parents, staff, customers and/or affiliated persons and entities.
I. PRIVACY AND DATA SECURITY
During the course of the Agreement, CampMinder may receive or have access to Personal Data of Licensee. CampMinder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for CampMinder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee.
In the event the Parties must enter into any agreement or additional provisions to maintain compliance with all applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to CampMinder, and will promptly advise CampMinder if Licensee becomes or provides any information subject to HIPAA.
CampMinder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by CampMinder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then CampMinder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
J. THIRD PARTY SERVICES
Licensee or its Authorized Users may use the Software Products to obtain one or more Third Party Services from the provider that CampMinder retains from time to time to provide that Third Party Service (a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants CampMinder permission to allow the Third Party Provider to access Licensee’s Data as required for the interoperation of that Third Party Service with the Software Products.
CampMinder does not guarantee or warrant the continued availability of any Software Products features designed to interoperate with Third Party Services. CampMinder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, if for example and without limitation, the Third Party Provider ceases to make the Third Party Service available for interoperation with the Software Products in a manner acceptable to CampMinder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by CampMinder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES. Without limiting the preceding sentence, CampMinder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider. Licensee shall comply with the terms of service of any Third Party Service with which Licensee uses the Software Products, and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES.
If Licensee uses any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or CampMinder to share Personal Data, which would specifically include biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
K. INDEMNIFICATION
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY LIABILITY, COST OR EXPENSE (INCLUDING ATTORNEY’S FEES), ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT BY LICENSEE OR ITS AUTHORIZED USERS.
2. MISCELLANEOUS
A. BINDING EFFECT; ASSIGNMENT
This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person, other than the parties hereto and the indemnified parties, any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement, and no other person shall be deemed a third-party beneficiary under or by reason of this Agreement. Licensee shall not sell, transfer, lease, assign, pledge, mortgage or otherwise dispose of any of the rights, privileges, duties, and obligations granted or imposed hereunder without CampMinder’s prior consent. Notwithstanding anything to the contrary contained herein, CampMinder may freely assign this Agreement to any affiliate or subsidiary or to a third party pursuant to any acquisition, merger or change of control of CampMinder.
B. ENTIRE AGREEMENT; SURVIVAL; AMENDMENT; WAIVER
This Agreement constitutes the entire agreement between CampMinder and Licensee and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter hereof expressly including any license agreement between the parties. The provisions of the following sections, and the applicable schedules referred to therein, will survive the termination or expiration of this Agreement for any reason: Section 1(a) (3), 1(c), 1(g), 1(h), 1(i), and Section 2 all except (c) and (f). Unless otherwise expressly provided in this Agreement, no delay or omission on the part of any party in exercising any right or privilege under this Agreement shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right under this Agreement operate as a waiver of any other right or privilege under this Agreement nor shall any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under this Agreement. Notwithstanding anything to the contrary contained herein, CampMinder reserves the right, in its sole discretion to make any changes to the Software Products or associated services (including Third Party Services) that it deems necessary or useful, including but not limited to: (a) maintain or enhance: (i) the quality or delivery of the Software Products to its customers; (ii) the competitive strength of or market for the Software Products; or (iii) the Software Products cost efficiency or performance; or (b) to comply with applicable laws or regulations. CampMinder may modify or amend this Agreement at any time by posting access to details of any modifications or amendments to this Agreement at https://legal.campminder.com/mla/.
Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or made for legal reasons will be effective immediately. If you don’t agree to any modified or amended terms in the Agreement, you must stop using the Services. Your continued use of the Software Products after the effective date of any changes constitutes your agreement to follow and be bound by such changes.
C. TERM
This agreement has an initial term of one year, and it shall automatically renew each year on the anniversary of the Effective Date (the “Anniversary Date”) for successive one (1) year periods unless terminated by either party on written notice at least ninety (90) days prior to an Anniversary Date (the “Term”). For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 that it desires for the CampInTouch Summer Services contract to terminate.” . Notwithstanding anything to the contrary contained herein, CampMinder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
D. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Each of the parties irrevocably and unconditionally agrees that any legal proceeding arising under or in connection with this Agreement except those seeking injunctive relief shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Licensee has read and understood this Agreement and has consulted with an attorney to the extent Licensee has deemed advisable. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
E. TERMINATION
Upon any material breach by Licensee, including, but not limited to, any breach of the restrictions on Software Products use contained herein, CampMinder may terminate this Agreement and the license granted hereunder, or suspend CampMinder’s services to Licensee until such breach is cured. Termination or suspension will not be exclusive of any other remedy available under this Agreement or applicable law. Upon termination of this Agreement for any reason whatsoever, (i) the license granted Licensee shall immediately cease and terminate, (ii) Licensee shall immediately cease use of the Software Products and (iii) Licensee shall immediately make any payments due to CampMinder.
F. TRIAL PERIOD; REFUNDS
During the first ninety (90) days after the Effective Date of your original master license agreement with CampMinder (the “Trial Period”), Licensee may terminate this Agreement and receive a refund, upon notice to CampMinder specifying the circumstances with as much detail as practical. Except as described in this Sections 2(C) and 2(F), the license fee is nonrefundable.
NOTWITHSTANDING SECTION 1.B OR ANYTHING TO THE CONTRARY CONTAINED HEREIN, DURING THE TRIAL PERIOD THE SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
If this Agreement is terminated by Licensee during the Trial Period, CampMinder shall refund in full the license fees paid under this Agreement. If this Agreement is terminated by CampMinder in accordance with Section 2(E), Licensee shall immediately pay any unpaid fees covering the remainder of the term of this Agreement. In no event will termination relieve Licensee of Licensee’s obligation to pay any fees payable to CampMinder for the period prior to the effective date of termination.
G. OUTAGES; ALTERNATIVE ACCESS
In the event of a failure or malfunction of the CampMinder site for a continuous period of seventy-two hours or more such that Licensee cannot access CampMinder for the purposes delineated herein (an “outage”), CampMinder will use commercially reasonable efforts to provide alternative access to the CampMinder System and Licensee Data. These steps may include, at CampMinder’s option, using a different Internet host, data center or bandwidth provider. Any delays or failure in performance by any party under this Agreement shall not be considered a breach of this Agreement if, and to the extent, caused by occurrences beyond the reasonable control of the party affected, including, but not limited to, acts of God, governmental restrictions, data center outages, power outages, fire, flood, explosion or the like.
H. NOTICES
Any notices or other communications required or permitted hereunder shall be in writing and shall be sufficiently given if sent by overnight mail, registered mail or certified mail, postage prepaid, by facsimile (with receipt confirmed telephonically) or by hand, to the parties at the addresses set forth above or such other address as either party provides with reasonable advance notice. In the event that Licensee’s address for notice changes during the Term, Licensee shall promptly provide CampMinder with such new address in accordance with this Section 2(H) of this Agreement.
I. SEVERABILITY
If any provision of this Agreement shall be held invalid, unenforceable or void, a suitable and equitable provision shall be substituted therefore in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
J. USE OF LICENSEE NAME
CampMinder shall be permitted to use Licensee’s name, and to generally disclose the services provided to Licensee hereunder, provided that CampMinder does not disclose any Confidential Information relating to Licensee or its operations
K. MERCHANT PROCESSING; CREDIT CARD DATA
During the term hereof, CampMinder agrees to maintain PCI compliance to the extent required by law in order to provide the services described under this Section 2(K) of this Agreement. Licensee is responsible for its individual PCI compliance and annual validation to its credit card services provider. Except for data collected through (i) CampMinder (or its affiliate or subsidiary), (ii) the merchant processing partner designated by CampMinder, or (iii) in explicitly designated, PCI compliant sections of the Software Products, Licensee shall not under any circumstances use the Software Products to collect or store credit card or bank account information of its users.
1. USE OF DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through CampMinder, then Licensee shall do so by entering into a separate agreement with either (i) CampMinder (or its affiliate or subsidiary) or (ii) the merchant processing partner designated by CampMinder, which agreement shall contain such terms and conditions as Licensee and either (i) CampMinder (or its affiliate or subsidiary) or (ii) such merchant processing partner agree upon from time to time, and provided further, if Licensee makes such election under this Section 2(K)(1), Licensee hereby authorizes CampMinder to access and use the Licensee Data, including Licensee’s transaction records and other merchant processing data in the merchant processing partner’s back office platform and administrative and reporting tools and systems. Fees charged by payment processing providers may change from time to time upon thirty (30) days prior written notice.
2. USE OF NON-DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee desires to process credit card payments or ACH e-check payments through the Software Products but not through a merchant processing partner designated by CampMinder (“Non-Designated Processing Provider”), then Licensee must get written consent from CampMinder, which consent may be withheld in CampMinder’s sole discretion. Provided that Licensee obtains such consent from CampMinder, then Licensee may select such Non-Designated Processing Provider and process payments through such Non-Designated Processing Provider; provided Licensee enters into a separate agreement with such Non-Designated Processing Provider which agreement shall contain any and all such terms and conditions for the provision of credit card processing as Licensee and such Non-Designated Processing Provider agree upon from time to time.
In exchange for CampMinder permitting the Licensee to utilize the Software Products with a Non-Designated Processing Provider, Licensee shall pay CampMinder a convenience fee (“Convenience Fee”) which Convenience Fee shall be a percentage of every dollar processed through the Non-Designated Processing Provider via the Software Products as set forth in an Order Form. At the end of each month, CampMinder will invoice Licensee the Convenience Fee as determined by the dollars processed through the Non-Designated Processing Provider each month. CampMinder reserves the right to increase the Convenience Fee in its sole discretion effective upon notice to Licensee.
L. COUNTERPARTS
This Agreement may be executed by facsimile, electronic signature, pdf or other electronic means in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument binding on the parties, notwithstanding that all the parties are not signatories to the original or the same counterpart.
Schedule A
BACKGROUND SEARCH SERVICES
CampMinder may provide Licensee with the option of obtaining certain background check services selected from the options set forth in the applicable Software Product module from time to time (the “Services”). As a precondition to obtaining the Services, Licensee agrees to the terms and conditions set forth in (i) this Agreement including, in particular, this Schedule A and (ii) any “end user certification” and/or other documentation required by the background check fulfillment company that CampMinder retains from time to time to provide the Services (the “Background Check Provider”). For these Services, Licensee agrees to pay the amount specified in the "check out window" from time to time, plus any additional fees incurred as a result of an automatically triggered additional search, as described in the checkout process. The provisions of this Schedule A shall control in the event of any conflict with any other provision of this Agreement, including the Schedules thereto.
1. WARRANTY; DISCLAIMER OF WARRANTY.
CampMinder warrants that CampMinder will accurately communicate Licensee’s order to the Background Check Provider and will accurately communicate the results provided within seven (7) business days of receiving them from the Background Check Provider. The warranty set forth in this section will become void unless Licensee reports any deficiencies in the Services provided under this Schedule A to CampMinder in writing, within twenty-one (21) days after the performance of the Services.
CampMinder’s entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at CampMinder’s option, for CampMinder to correct such nonconformity by re-performance of the Services found to be deficient, or to refund the fees actually received by CampMinder with respect to the deficient Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO THE BACKGROUND CHECK PROVIDER FOR PERFORMANCE OF THE SERVICES. CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY SUCH BACKGROUND CHECK PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. FURTHER, BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
2. LIMITATION OF LIABILITY.
CAMPMINDER MAKES NO REPRESENTATION THAT THE INFORMATION RETRIEVED FROM GOVERNMENTAL AND OTHER DATABASES AND REPORTED TO LICENSEE IN CONNECTION WITH THE SERVICES IS TRUE, CORRECT OR COMPLETE.
Licensee acknowledges and agrees that it is Licensee’s exclusive responsibility to use the background search information provided by CampMinder or the Background Check Provider in accordance with all applicable employment and other laws and that CampMinder shall have no liability or responsibility related to or arising from Licensee’s illegal, unauthorized or improper use or disclosure of any background search information provided by CampMinder or the Background Check Provider to Licensee.
EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE OR INTERNATIONAL DATA PROTECTION LAWS, CAMPMINDER’S AGGREGATE LIABILITY FOR ANY COSTS OR DAMAGES ARISING FROM ANY FAILURE OF CAMPMINDER TO CORRECTLY PROVIDE THE RESULTS OF THE RELEVANT SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR SUCH SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM ARISING. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE LAWS, IN NO EVENT SHALL CAMPMINDER BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE BACKGROUND SEARCH SERVICES OR THE INFORMATION PROVIDED BY CAMPMINDER TO LICENSEE.
3. INDEMNIFICATION.
Licensee shall indemnify and hold harmless CampMinder, its affiliates and their respective owners, management, employees and agents from any liability, cost or expense (including attorney’s fees), directly or indirectly relating to any use or disclosure by Licensee or any of its directors, officers, employees, agents, or volunteers of any background search information provided by CampMinder to Licensee, and all losses, costs, damages, expenses and liabilities, including costs, penalties and attorney’s fees, incurred by each of them as a result of such third party claims.
SCHEDULE B
GENERAL SUPPORT AND CONSULTATION POLICIES
During the Term, CampMinder will use commercially reasonable efforts to provide support and consultation by telephone and by CampMinder’s electronic ticketing system to Licensee and Authorized Users through two channels in accordance with the following:
- Electronic Ticketing System Support – This is the most efficient way to submit and track support issues. CampMinder strongly encourages Administrative Users to initiate all support requests through the CampMinder Electronic Ticketing System. Electronic support is offered to all Authorized Users.
- Telephone Consultation - CampMinder also provides Telephone Consultation to help resolve support issues. Telephone support is offered to Administrative Users.
The days and hours of operation for the above support and consultation can be found at https://legal.campminder.com.
Training
CampMinder provides one training session for each Software Product module licensed to Licensee hereunder at no additional cost and in accordance with the training policies and procedures set forth at (https://legal.campminder.com) (“Training Policies and Procedures”). Training sessions are scheduled at mutually convenient times during Phone Support Hours. Each training session covers one or more specific Software Product module and shall be conducted in accordance with the Training Policies and Procedures. Licensee will designate one Administrative User to act as a single point of contact as a training coordinator (the “Specialist”) for the Licensee. The Specialist is obligated to ensure that all training sessions are attended by the Licensee organization member deemed most appropriate to receive the training on the Software Product module. The same Administrative User may act as the designated Licensee member for multiple Software Product modules. Licensee acknowledges and agrees that any additional trainings beyond the initial training per Software Product module or for which Licensee does not adhere to the Training Policies and Procedures shall be provided at a rate of $165 per hour with a one hour minimum and which rates are subject to change from time to time. Licensee may designate one or more replacement Specialists in writing from time to time. Licensee agrees that all questions pertaining to a Software Product module shall initially be routed to the Specialist assigned to that particular Software Product module prior to contacting CampMinder support.
Effective March 6th 2019 to March 7th 2019
DownloadTable of Contents
THIS MASTER LICENSE AGREEMENT ("AGREEMENT") GOVERNS YOUR USE OF AND ACCESS TO THE SERVICES PROVIDED BY CAMPMINDER, LLC , A COLORADO LIMITED LIABILITY COMPANY ("CAMPMINDER"), WHETHER IN CONNECTION WITH A SERVICE PLAN (AS DEFINED IN THE ORDER FORM) OR A FREE TRIAL OF THE SERVICES. This Agreement is effective as of the date you accept it (the “Effective Date”). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. You represent that you are at least 18 years of age.
OVERVIEW
CampMinder provides an online service that allows Authorized Users to submit input and obtain results using one or more of CampMinder’s various Software Products. The intended use of the Software Products is to help manage and administer Licensee’s business (the “Business”).
DEFINITIONS
“Administrative User” shall mean an individual who is currently or proposed to be employed or retained by Licensee and designated by Licensee to manage and maintain the Licensee Data using CampMinder’s services.
"Authorized User" shall mean an individual who is either an Administrative User or a CampInTouch User.
“CampInTouch User” shall mean an individual who is a current, former or prospective staff member of Licensee, current or former camper of Licensee, or a parent, guest, legal guardian, or caregiver thereof, who is authorized under this Agreement to use the Software Products. No one other than an Authorized User may access and use the Software Products.
"CampMinder System" shall mean the CampMinder Software Products (including the Online Forms) developed, deployed and delivered by CampMinder, including, among other things, underlying software and applications.
“Confidential Information” means all trade secrets, business and financial information, software, machine and operator instructions, business methods, procedures, know-how, and other information that relates to the business or technology of either party and is marked or identified as confidential, or disclosed in circumstances that would lead a reasonable person to believe such information is confidential. For avoidance of doubt, the CampMinder System is CampMinder Confidential Information.
“Data Protection Law” means all federal, state, local and foreign laws, statutes, regulations, rules, and official guidance applicable to the protection of Personal Data under this Agreement in all relevant jurisdictions.
“Licensee Data” shall mean all data (including but not limited to Personal Data) imported into the CampMinder System or input into the CampMinder System by Authorized Users of the Software Products.
“Online Forms” shall mean the Software Products which permit CampInTouch Users to input data.
“Order Form” shall mean the CampMinder order form that sets forth the Software Products, payment information and such other terms and conditions, attached hereto and incorporated herein by this reference, and shall be subject to and governed by the terms and conditions of this Agreement. Each Order Form shall remain in full force and effect unless and until Licensee signs a new Order Form that specifically replaces such prior Order Form. Notwithstanding anything to the contrary contained herein, if a Licensee has not signed an Order Form in connection with this Agreement related to its Software Products, pricing or payment terms and rather has signed a previous agreement with CampMinder that includes a Schedule A (“Schedule A”) setting forth the Software Products and a Schedule E as amended with any price increases from time to time (“Scheduled E”) setting forth the pricing, payment terms and other terms and conditions, then the Licensee’s Schedule A and Schedule E shall remain in full force and effect and be deemed the Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth the Software Products and pricing, payment and other terms. Further, notwithstanding anything to the contrary contained herein, if a Licensee has not signed an Order Form for CampMinder’s photo, news, camper communication, and/or video system (“Summer Services”) in connection with this Agreement and rather has signed a previous agreement with CampMinder that includes a Schedule E-1 or an Addendum (“Summer Services Schedule”) setting forth the Summer Services, pricing, payment and other related terms, then the Licensee’s Summer Services Schedule shall remain in full force and effect and be deemed to be included in the definition of Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth or replaces the Summer Services.
“Personal Data” means all information that CampMinder receives from Licensee or Authorized Users in the course of this Agreement that identifies or can be used to identify any specific individual or otherwise concerns the personal circumstances of an identified individual and accordingly is protected under Data Protection Law. Personal Data includes without limitation “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), “Personal Data” as defined in Regulation (EU) 2016/679 (together with any national implementations thereof, “GDPR”), and “personal information” as defined under the Massachusetts Standards for the Protection of Personal Data of Residents of the Commonwealth (201 CMR 17.01 et seq.).
“Software Products” shall refer to the then-current version (inclusive of any updates or modifications thereto) of those computer program modules and accompanying graphical user interfaces described in Order Form to this Agreement.
“Third Party Service” shall mean a third party (non CampMinder) product or service that interoperates with the Software Products and that Licensee or its Authorized Users may access in connection with using the Software Products, including by way of example and not limitation credit card, transaction and merchant processing (including but not limited to the services described in Section 2(K) of this Agreement), API access or background check services.
TERMS AND CONDITIONS
1. GRANT OF LICENSES AND RELATED RIGHTS
A. SCOPE OF LICENSES
1. GENERALLY
During the Term, CampMinder grants to Licensee, and Licensee accepts, a non-exclusive, revocable, nontransferable, limited license on the terms set forth herein to access and use the Software Products only with the CampMinder modules specified by Licensee from among those listed in Order Form. Licensee shall prevent unauthorized access to or use of the Software Products, and notify CampMinder promptly of any such unauthorized access or use.
As between CampMinder and Licensee, all data input into the CampMinder System by an Authorized User is considered Licensee Data owned by Licensee, except as otherwise agreed upon by Licensee and CampMinder or as otherwise set forth in this Agreement. CampMinder acknowledges that Licensee Data is valuable property of Licensee, and CampMinder warrants that it will use commercially reasonable efforts to back-up Licensee’s data in accordance with CampMinder’s then current data backup policy. Licensee is solely responsible for the accuracy, quality and legality of Licensee Data and the means by which Licensee acquired the Licensee Data. Licensee may designate one or more Administrative Users who shall have limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that, except for the limited license expressly granted hereunder and the Licensee Data, all right, title, and interest in and to the Software Products and the associated applications and functionality of the Software Products are and shall remain CampMinder's sole and exclusive property, and that the Software Products shall not be used in any manner except as expressly permitted by this Agreement.
2. AUTHORIZED USERS
To access and use the Software Products, one must be an Authorized User. Licensee must protect and ensure the confidential nature of each Authorized User’s Login ID and password, as well as the Licensee Data and Licensee is solely responsible for the use of Each Authorized User’s Login ID and password. Licensee shall designate one or more Administrative Users and shall allow such Administrative Users limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that CampMinder intends to require each Authorized User to contractually agree to certain provisions as a precondition to use of the CampMinder System, which provisions may be modified and supplemented from time to time, including without limitation, the then-current version of the CampMinder Terms of Use (available at: https://legal.campminder.com/terms-of-service/) and the CampMinder Privacy Policy (available at https://legal.campminder.com/privacy-policy/).
3. PROHIBITED ACTS
Licensee shall not, nor shall it permit any Authorized User or any other individual or entity to: (a) use or access the Software Products except as expressly permitted by this Agreement; (b) disassemble, decompile, or decrypt any applications, software, source code, or other computer language that provides or helps to provide functionality (including query results) in the Software Products, or that otherwise powers or comprises the Software Products; (c) remove, alter, cover, or obscure the copyright or other proprietary notices appearing in the Software Products; (d) alter, modify, or prepare derivative works based on any software or application accessible through the Software Products; (e) sell, license, rent or otherwise make available the Software Products or a Third Party Service to, or use any part of the Software Products or a Third Party Service for the benefit of, anyone other than Licensee or Authorized Users; (f) use the Software Products or a Third Party Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (g) use the Software Products or a Third Party Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; (h) interfere with or disrupt the integrity or performance of the Software Products or third-party data contained therein; (i) attempt to gain unauthorized access to the Software Products or its related systems; (j) access the Software Products in order to build or assist in building a competitive service or to benchmark with a non-CampMinder service; (k) reverse engineer the Software Products (to the extent such restriction is permitted by law); or (l) share credentials or any kind of access to the CampMinder System with users outside Licensee’s organization.
B. CAMPMINDER'S WARRANTIES AND DISCLAIMERS
CampMinder warrants that the Software Products will perform substantially in accordance with the applicable documentation for the respective Software Products. THIS WARRANTY IS THE ONLY WARRANTY MADE BY CAMPMINDER WITH RESPECT TO THE CAMPMINDER SYSTEM OR THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CAMPMINDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. FURTHER, THE WARRANTY SET FORTH ABOVE: (A) IS CONTINGENT UPON LICENSEE’S PROPER USE OF THE SOFTWARE PRODUCTS AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT; (B) DOES NOT GUARANTEE EXECUTION OR OPERATION OF THE SOFTWARE PRODUCTS WITHOUT INTERRUPTIONS, BUGS, OR ERRORS, OR THAT ALL ERRORS WILL BE CORRECTED; (C) DOES NOT COVER ANY BREACHES TO THE EXTENT CAUSED BY THIRD PARTY HOSTING , INTERNET, OR OTHER THIRD PARTY SERVICE PROVIDERS OUTSIDE THE CONTROL OF CAMPMINDER; (D) DOES NOT APPLY TO LICENSEE DATA OR TO DATA (INCLUDING PERSONAL DATA) TO THE EXTENT THE INPUT, OUTPUT, ACCURACY, AND/OR SUITABILITY OF WHICH ARE MADE BY, OR UNDER CONTROL OF, LICENSEE OR AN AUTHORIZED USER; (E) DOES NOT GUARANTEE THAT THE SOFTWARE PRODUCTS AND/OR THE RELATED APPLICATIONS WILL MEET LICENSEE’S REQUIREMENTS OR OPERATE IN THE COMBINATIONS LICENSEE MAY SELECT OR USE; (F) IS AUTOMATICALLY AND IMMEDIATELY VOID UPON ANY MATERIAL BREACH OF THIS AGREEMENT BY LICENSEE OR AN AUTHORIZED USER, OR UPON ANY ACCESS OR USE OF THE SOFTWARE PRODUCTS NOT PERMITTED BY THIS AGREEMENT; AND (G) WILL BECOME VOID IF THE ALLEGED BREACH IS NOT DULY REPORTED TO CAMPMINDER WITHIN FIFTEEN (15) DAYS AFTER LICENSEE BECOMES AWARE THEREOF. CAMPMINDER’S ENTIRE LIABILITY AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE, AT CAMPMINDER’S OPTION, FOR CAMPMINDER TO CORRECT SUCH NONCONFORMITY BY REPAIR, REPLACEMENT, RECONFIGURATION, OR SUITABLE WORKAROUND, OR TO TERMINATE THIS AGREEMENT AND REFUND THE PORTION OF THE LICENSE FEE ACTUALLY RECEIVED BY CAMPMINDER DIRECTLY RELATING TO THE NONCONFORMING SOFTWARE PRODUCTS IN THE PRIOR TWELVE (12) MONTH PERIOD TO THE CLAIM ARISING.
C. LIMITATION OF LIABILITY
EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT LICENSEE’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION BELOW. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO MAINTAIN A STORED BACKUP COPY OF LICENSEE’S DATA IN THE EVENT THAT THE SOFTWARE PRODUCTS ARE RENDERED UNAVAILABLE FOR ANY LENGTH OF TIME.
D. PAYMENT
Licensee shall pay CampMinder the amounts, and at the times, specified in the Order Form for the license granted under Section 1(a)(1) hereof and other products and services that CampMinder may provide from time to time, including the Software Products. The license fee may increase each year to account for inflation, development enhancements, increased costs of doing business, and otherwise; provided CampMinder provides you with at least thirty (30) days prior written notice (email sufficient). The parties acknowledge and agree that new products, new modules and new versions of the CampMinder System shall not be limited by the price increases more specifically described herein. All amounts billed by CampMinder are due within 30 days of the invoice date. Unless otherwise set forth in an Order Form, CampMinder is hereby irrevocably authorized to withdraw the invoice amount from Licensee’s funds on or after the specified payment date, unless Licensee advises CampMinder in writing within ten days after receiving the invoice that such withdrawal is not authorized, setting forth the applicable reasons. Without limiting CampMinder’s other remedies, if any payment owed by Licensee is unpaid more than 30 days from the invoice date, CampMinder may (1) add late fees of 1.5% per month to the amount due, (2) accelerate Licensee’s fee obligations for the remaining term of this Agreement so that all such fees become immediately due and payable, and (3) suspend services, including but not limited to access to the Software Products, the CampMinder System, the Licensee Data and general support, to Licensee until such amounts are paid in full. BY PROVIDING THE FOREGOING AND SIGNING AND RETURNING THE AGREEMENT AND ASSOCIATED ONBOARDING INFORMATION, LICENSEE, UNLESS OTHERWSIE SET FORTH IN AN ORDER FORM, HEREBY AUTHORIZES CAMPMINDER TO WITHDRAW THE APPLICABLE AMOUNTS FROM LICENSEE’S CHECKING ACCOUNT IN ACCORDANCE WITH THIS AGREEMENT FROM THE EFFECTIVE DATE UNLESS LICENSEE ADVISES CAMPMINDER, IN WRITING WITHIN TEN (10) DAYS AFTER CAMPMINDER PROVIDES WRITTEN NOTICE OF ITS INTENT TO MAKE ANY SUCH WITHDRAWAL, THAT SUCH WITHDRAWAL IS NOT AUTHORIZED AND SETTING FORTH THE APPLICABLE REASONS
E. TRAINING; CONSULTATION
CampMinder agrees to provide consultation via telephone and via CampMinder’s electronic ticketing system regarding the use of the CampMinder System to Authorized Users, at the hours and in the manner, specified in Schedule B. CampMinder shall use commercially reasonable efforts to respond to Licensee’s requests for assistance with reasonable care and speed. Licensee acknowledges that delays in response time may result from time to time because, among other things, CampMinder requires additional information from Licensee in order to provide the information or resolution to address the Licensee request(s). Licensee also acknowledges that delays may result due to unforeseen technical and/or personnel problems encountered by CampMinder. If CampMinder determines that Licensee's requests for consultation are excessive in scope of hours, frequency of consultation, speed of resolution or otherwise, CampMinder shall notify Licensee and may, but has no obligation to, provide enhanced consultation at an additional fee in accordance with Order Form.
F. PROPRIETARY RIGHTS AND LICENSES
Subject to the limited rights expressly granted under this Agreement, CampMinder and its licensors reserve all right, title and interest in and to the Software Products, and in and to the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the CampMinder System, including all related intellectual property rights. No rights are granted to Licensee under this Agreement except as expressly set forth herein. Licensee grants to CampMinder, its affiliates and applicable contractors a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use, distribute, reproduce, modify, and display the Licensee Data, as reasonably necessary for CampMinder to (i) provide the Software Products and associated services (including access to Third Party Services) in accordance with this Agreement; (ii) evaluate and provide benchmarking, analytics and trends for Licensee and, on an aggregated basis, evaluate and provide trends, analytics, best practices, and benchmarking for CampMinder, third parties and its other customers; and (iii) improve the Software Products and associated services. Except for the limited license granted herein, no rights in Licensee Data are granted to CampMinder under this Agreement. Licensee grants to CampMinder and its affiliates a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use and incorporate into CampMinder’s and/or its affiliates’ services any suggestion, enhancement request, recommendation, correction or other feedback provided by Licensee or its Authorized Users relating to the operation of the Software Products or CampMinder’s services.
G. CONFIDENTIALITY
“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Licensee’s Confidential Information includes Licensee Data; CampMinder’s Confidential Information includes the Software Products; and Confidential Information of each party includes the terms of this Agreement (including pricing). Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) is received from a third party, or known to the Receiving Party prior to its disclosure by the Disclosing Party, without breach of any obligation owed to the Disclosing Party, or (c) was independently developed by the Receiving Party.
The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (and at least reasonable care) to (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
H. COMPLIANCE WITH LAWS AND REGULATIONS
Licensee shall comply with all applicable laws and regulations in connection with this Agreement including, without limitation, as to disclosure or use of all information and materials which CampMinder obtains on behalf of Licensee or Licensee’s campers, parents, staff, customers and/or affiliated persons and entities.
I. PRIVACY AND DATA SECURITY
During the course of the Agreement, CampMinder may receive or have access to Personal Data of Licensee. CampMinder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for CampMinder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee.
In the event the Parties must enter into any agreement or additional provisions to maintain compliance with all applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to CampMinder, and will promptly advise CampMinder if Licensee becomes or provides any information subject to HIPAA.
CampMinder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by CampMinder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then CampMinder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
J. THIRD PARTY SERVICES
Licensee or its Authorized Users may use the Software Products to obtain one or more Third Party Services from the provider that CampMinder retains from time to time to provide that Third Party Service (a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants CampMinder permission to allow the Third Party Provider to access Licensee’s Data as required for the interoperation of that Third Party Service with the Software Products.
CampMinder does not guarantee or warrant the continued availability of any Software Products features designed to interoperate with Third Party Services. CampMinder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, if for example and without limitation, the Third Party Provider ceases to make the Third Party Service available for interoperation with the Software Products in a manner acceptable to CampMinder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by CampMinder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES. Without limiting the preceding sentence, CampMinder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider. Licensee shall comply with the terms of service of any Third Party Service with which Licensee uses the Software Products, and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES.
If Licensee uses any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or CampMinder to share Personal Data, which would specifically include biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
K. INDEMNIFICATION
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY LIABILITY, COST OR EXPENSE (INCLUDING ATTORNEY’S FEES), ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT BY LICENSEE OR ITS AUTHORIZED USERS.
2. MISCELLANEOUS
A. BINDING EFFECT; ASSIGNMENT
This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person, other than the parties hereto and the indemnified parties, any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement, and no other person shall be deemed a third-party beneficiary under or by reason of this Agreement. Licensee shall not sell, transfer, lease, assign, pledge, mortgage or otherwise dispose of any of the rights, privileges, duties, and obligations granted or imposed hereunder without CampMinder’s prior consent. Notwithstanding anything to the contrary contained herein, CampMinder may freely assign this Agreement to any affiliate or subsidiary or to a third party pursuant to any acquisition, merger or change of control of CampMinder.
B. ENTIRE AGREEMENT; SURVIVAL; AMENDMENT; WAIVER
This Agreement constitutes the entire agreement between CampMinder and Licensee and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter hereof expressly including any license agreement between the parties. The provisions of the following sections, and the applicable schedules referred to therein, will survive the termination or expiration of this Agreement for any reason: Section 1(a) (3), 1(c), 1(g), 1(h), 1(i), and Section 2 all except (c) and (f). Unless otherwise expressly provided in this Agreement, no delay or omission on the part of any party in exercising any right or privilege under this Agreement shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right under this Agreement operate as a waiver of any other right or privilege under this Agreement nor shall any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under this Agreement. Notwithstanding anything to the contrary contained herein, CampMinder reserves the right, in its sole discretion to make any changes to the Software Products or associated services (including Third Party Services) that it deems necessary or useful, including but not limited to: (a) maintain or enhance: (i) the quality or delivery of the Software Products to its customers; (ii) the competitive strength of or market for the Software Products; or (iii) the Software Products cost efficiency or performance; or (b) to comply with applicable laws or regulations. CampMinder may modify or amend this Agreement at any time by posting access to details of any modifications or amendments to this Agreement at https://legal.campminder.com/#mla/.
Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or made for legal reasons will be effective immediately. If you don’t agree to any modified or amended terms in the Agreement, you must stop using the Services. Your continued use of the Software Products after the effective date of any changes constitutes your agreement to follow and be bound by such changes.
C. TERM
This agreement has an initial term of one year, and it shall automatically renew each year on the anniversary of the Effective Date (the “Anniversary Date”) for successive one (1) year periods unless terminated by either party on written notice at least ninety (90) days prior to an Anniversary Date (the “Term”). For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 that it desires for the CampInTouch Summer Services contract to terminate.” . Notwithstanding anything to the contrary contained herein, CampMinder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
D. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Each of the parties irrevocably and unconditionally agrees that any legal proceeding arising under or in connection with this Agreement except those seeking injunctive relief shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Licensee has read and understood this Agreement and has consulted with an attorney to the extent Licensee has deemed advisable. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
E. TERMINATION
Upon any material breach by Licensee, including, but not limited to, any breach of the restrictions on Software Products use contained herein, CampMinder may terminate this Agreement and the license granted hereunder, or suspend CampMinder’s services to Licensee until such breach is cured. Termination or suspension will not be exclusive of any other remedy available under this Agreement or applicable law. Upon termination of this Agreement for any reason whatsoever, (i) the license granted Licensee shall immediately cease and terminate, (ii) Licensee shall immediately cease use of the Software Products and (iii) Licensee shall immediately make any payments due to CampMinder.
F. TRIAL PERIOD; REFUNDS
During the first ninety (90) days after the Effective Date of your original master license agreement with CampMinder (the “Trial Period”), Licensee may terminate this Agreement and receive a refund, upon notice to CampMinder specifying the circumstances with as much detail as practical. Except as described in this Sections 2(C) and 2(F), the license fee is nonrefundable.
NOTWITHSTANDING SECTION 1.B OR ANYTHING TO THE CONTRARY CONTAINED HEREIN, DURING THE TRIAL PERIOD THE SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
If this Agreement is terminated by Licensee during the Trial Period, CampMinder shall refund in full the license fees paid under this Agreement. If this Agreement is terminated by CampMinder in accordance with Section 2(E), Licensee shall immediately pay any unpaid fees covering the remainder of the term of this Agreement. In no event will termination relieve Licensee of Licensee’s obligation to pay any fees payable to CampMinder for the period prior to the effective date of termination.
G. OUTAGES; ALTERNATIVE ACCESS
In the event of a failure or malfunction of the CampMinder site for a continuous period of seventy-two hours or more such that Licensee cannot access CampMinder for the purposes delineated herein (an “outage”), CampMinder will use commercially reasonable efforts to provide alternative access to the CampMinder System and Licensee Data. These steps may include, at CampMinder’s option, using a different Internet host, data center or bandwidth provider. Any delays or failure in performance by any party under this Agreement shall not be considered a breach of this Agreement if, and to the extent, caused by occurrences beyond the reasonable control of the party affected, including, but not limited to, acts of God, governmental restrictions, data center outages, power outages, fire, flood, explosion or the like.
H. NOTICES
Any notices or other communications required or permitted hereunder shall be in writing and shall be sufficiently given if sent by overnight mail, registered mail or certified mail, postage prepaid, by facsimile (with receipt confirmed telephonically) or by hand, to the parties at the addresses set forth above or such other address as either party provides with reasonable advance notice. In the event that Licensee’s address for notice changes during the Term, Licensee shall promptly provide CampMinder with such new address in accordance with this Section 2(H) of this Agreement.
I. SEVERABILITY
If any provision of this Agreement shall be held invalid, unenforceable or void, a suitable and equitable provision shall be substituted therefor in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
J. USE OF LICENSEE NAME
CampMinder shall be permitted to use Licensee’s name, and to generally disclose the services provided to Licensee hereunder, provided that CampMinder does not disclose any Confidential Information relating to Licensee or its operations.
K. MERCHANT PROCESSING; CREDIT CARD DATA
During the term hereof, CampMinder agrees to maintain PCI compliance to the extent required by law in order to provide the services described under this Section 2(K) of this Agreement. Licensee is responsible for its individual PCI compliance and annual validation to its credit card services provider.
1. USE OF DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through CampMinder, then Licensee shall do so by entering into a separate agreement with either (i) CampMinder (or its affiliate or subsidiary) or (ii) the merchant processing partner designated by CampMinder, which agreement shall contain such terms and conditions as Licensee and either (i) CampMinder (or its affiliate or subsidiary) or (ii) such merchant processing partner agree upon from time to time, and provided further, if Licensee makes such election under this Section 2(K)(1), Licensee hereby authorizes CampMinder to access and use the Licensee Data, including Licensee’s transaction records and other merchant processing data in the merchant processing partner’s back office platform and administrative and reporting tools and systems. Fees charged by payment processing providers may change from time to time upon thirty (30) days prior written notice. Except for data collected through (i) CampMinder (or its affiliate or subsidiary), (ii) the merchant processing partner designated by CampMinder, or (iii) in explicitly designated, PCI compliant sections of the Software Products, Licensee shall not under any circumstances use the Software Products to collect or store credit card or bank account information of its users.
2. USE OF NON-DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee desires to process credit card payments or ACH e-check payments through the Software Products but not through a merchant processing partner designated by CampMinder (“Non-Designated Processing Provider”), then Licensee must get written consent from CampMinder, which consent may be withheld in CampMinder’s sole discretion. Provided that Licensee obtains such consent from CampMinder, then Licensee may select such Non-Designated Processing Provider and process payments through such Non-Designated Processing Provider; provided Licensee enters into a separate agreement with such Non-Designated Processing Provider which agreement shall contain any and all such terms and conditions for the provision of credit card processing as Licensee and such Non-Designated Processing Provider agree upon from time to time. Except for data collected through the such Non-Designated Processing Provider, Licensee shall not under any circumstances use the Software Products to collect or store credit card or bank account information of its users.
In exchange for CampMinder permitting the Licensee to utilize the Software Products with a Non-Designated Processing Provider, Licensee shall pay CampMinder a convenience fee (“Convenience Fee”) a minimum of 0.20% of every dollar processed through the Non-Designated Processing Provider via the Software Products. At the end of each month, CampMinder will invoice Licensee the Convenience Fee as determined by the dollars processed through the Non-Designated Processing Provider each month. CampMinder reserves the right to increase the Convenience Fee in its sole discretion effective upon notice to Licensee.
L. COUNTERPARTS
This Agreement may be executed by facsimile, electronic signature, pdf or other electronic means in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument binding on the parties, notwithstanding that all the parties are not signatories to the original or the same counterpart.
Schedule A
BACKGROUND SEARCH SERVICES
CampMinder may provide Licensee with the option of obtaining certain background check services selected from the options set forth in the applicable Software Product module from time to time (the “Services”). As a precondition to obtaining the Services, Licensee agrees to the terms and conditions set forth in (i) this Agreement including, in particular, this Schedule A and (ii) any “end user certification” and/or other documentation required by the background check fulfillment company that CampMinder retains from time to time to provide the Services (the “Background Check Provider”). For these Services, Licensee agrees to pay the amount specified in the "check out window" from time to time, plus any additional fees incurred as a result of an automatically triggered additional search, as described in the checkout process. The provisions of this Schedule A shall control in the event of any conflict with any other provision of this Agreement, including the Schedules thereto.
1. WARRANTY; DISCLAIMER OF WARRANTY.
CampMinder warrants that CampMinder will accurately communicate Licensee’s order to the Background Check Provider and will accurately communicate the results provided within seven (7) business days of receiving them from the Background Check Provider. The warranty set forth in this section will become void unless Licensee reports any deficiencies in the Services provided under this Schedule A to CampMinder in writing, within twenty-one (21) days after the performance of the Services.
CampMinder’s entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at CampMinder’s option, for CampMinder to correct such nonconformity by re-performance of the Services found to be deficient, or to refund the fees actually received by CampMinder with respect to the deficient Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO THE BACKGROUND CHECK PROVIDER FOR PERFORMANCE OF THE SERVICES. CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY SUCH BACKGROUND CHECK PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. FURTHER, BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
2. LIMITATION OF LIABILITY.
CAMPMINDER MAKES NO REPRESENTATION THAT THE INFORMATION RETRIEVED FROM GOVERNMENTAL AND OTHER DATABASES AND REPORTED TO LICENSEE IN CONNECTION WITH THE SERVICES IS TRUE, CORRECT OR COMPLETE.
Licensee acknowledges and agrees that it is Licensee’s exclusive responsibility to use the background search information provided by CampMinder or the Background Check Provider in accordance with all applicable employment and other laws and that CampMinder shall have no liability or responsibility related to or arising from Licensee’s illegal, unauthorized or improper use or disclosure of any background search information provided by CampMinder or the Background Check Provider to Licensee.
EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE OR INTERNATIONAL DATA PROTECTION LAWS, CAMPMINDER’S AGGREGATE LIABILITY FOR ANY COSTS OR DAMAGES ARISING FROM ANY FAILURE OF CAMPMINDER TO CORRECTLY PROVIDE THE RESULTS OF THE RELEVANT SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR SUCH SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM ARISING. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE LAWS, IN NO EVENT SHALL CAMPMINDER BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE BACKGROUND SEARCH SERVICES OR THE INFORMATION PROVIDED BY CAMPMINDER TO LICENSEE.
3. INDEMNIFICATION.
Licensee shall indemnify and hold harmless CampMinder, its affiliates and their respective owners, management, employees and agents from any liability, cost or expense (including attorney’s fees), directly or indirectly relating to any use or disclosure by Licensee or any of its directors, officers, employees, agents, or volunteers of any background search information provided by CampMinder to Licensee, and all losses, costs, damages, expenses and liabilities, including costs, penalties and attorney’s fees, incurred by each of them as a result of such third party claims.
SCHEDULE B
GENERAL SUPPORT AND CONSULTATION POLICIES
During the Term, CampMinder will use commercially reasonable efforts to provide support and consultation by telephone and by CampMinder’s electronic ticketing system to Licensee and Authorized Users through two channels in accordance with the following:
- Electronic Ticketing System Support – This is the most efficient way to submit and track support issues. CampMinder strongly encourages Administrative Users to initiate all support requests through the CampMinder Electronic Ticketing System. Electronic support is offered to all Authorized Users.
- Telephone Consultation - CampMinder also provides Telephone Consultation to help resolve support issues. Telephone support is offered to Administrative Users.
The days and hours of operation for the above support and consultation can be found at https://legal.campminder.com.
Training
CampMinder provides one training session for each Software Product module licensed to Licensee hereunder at no additional cost and in accordance with the training policies and procedures set forth at (https://legal.campminder.com) (“Training Policies and Procedures”). Training sessions are scheduled at mutually convenient times during Phone Support Hours. Each training session covers one or more specific Software Product module and shall be conducted in accordance with the Training Policies and Procedures. Licensee will designate one Administrative User to act as a single point of contact as a training coordinator (the “Specialist”) for the Licensee. The Specialist is obligated to ensure that all training sessions are attended by the Licensee organization member deemed most appropriate to receive the training on the Software Product module. The same Administrative User may act as the designated Licensee member for multiple Software Product modules. Licensee acknowledges and agrees that any additional trainings beyond the initial training per Software Product module or for which Licensee does not adhere to the Training Policies and Procedures shall be provided at a rate of $165 per hour with a one hour minimum and which rates are subject to change from time to time. Licensee may designate one or more replacement Specialists in writing from time to time. Licensee agrees that all questions pertaining to a Software Product module shall initially be routed to the Specialist assigned to that particular Software Product module prior to contacting CampMinder support.
Effective March 6th 2019 to March 6th 2019
DownloadTable of Contents
THIS MASTER LICENSE AGREEMENT ("AGREEMENT") GOVERNS YOUR USE OF AND ACCESS TO THE SERVICES PROVIDED BY CAMPMINDER, LLC , A COLORADO LIMITED LIABILITY COMPANY ("CAMPMINDER"), WHETHER IN CONNECTION WITH A SERVICE PLAN (AS DEFINED IN THE ORDER FORM) OR A FREE TRIAL OF THE SERVICES. This Agreement is effective as of the date you accept it (the “Effective Date”). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. You represent that you are at least 18 years of age.
OVERVIEW
CampMinder provides an online service that allows Authorized Users to submit input and obtain results using one or more of CampMinder’s various Software Products. The intended use of the Software Products is to help manage and administer Licensee’s business (the “Business”).
DEFINITIONS
“Administrative User” shall mean an individual who is currently or proposed to be employed or retained by Licensee and designated by Licensee to manage and maintain the Licensee Data using CampMinder’s services.
"Authorized User" shall mean an individual who is either an Administrative User or a CampInTouch User.
“CampInTouch User” shall mean an individual who is a current, former or prospective staff member of Licensee, current or former camper of Licensee, or a parent, guest, legal guardian, or caregiver thereof, who is authorized under this Agreement to use the Software Products. No one other than an Authorized User may access and use the Software Products.
"CampMinder System" shall mean the CampMinder Software Products (including the Online Forms) developed, deployed and delivered by CampMinder, including, among other things, underlying software and applications.
“Confidential Information” means all trade secrets, business and financial information, software, machine and operator instructions, business methods, procedures, know-how, and other information that relates to the business or technology of either party and is marked or identified as confidential, or disclosed in circumstances that would lead a reasonable person to believe such information is confidential. For avoidance of doubt, the CampMinder System is CampMinder Confidential Information.
“Data Protection Law” means all federal, state, local and foreign laws, statutes, regulations, rules, and official guidance applicable to the protection of Personal Data under this Agreement in all relevant jurisdictions.
“Licensee Data” shall mean all data (including but not limited to Personal Data) imported into the CampMinder System or input into the CampMinder System by Authorized Users of the Software Products.
“Online Forms” shall mean the Software Products which permit CampInTouch Users to input data.
“Order Form” shall mean the CampMinder order form that sets forth the Software Products, payment information and such other terms and conditions, attached hereto and incorporated herein by this reference, and shall be subject to and governed by the terms and conditions of this Agreement. Each Order Form shall remain in full force and effect unless and until Licensee signs a new Order Form that specifically replaces such prior Order Form. Notwithstanding anything to the contrary contained herein, if a Licensee has not signed an Order Form in connection with this Agreement related to its Software Products, pricing or payment terms and rather has signed a previous agreement with CampMinder that includes a Schedule A (“Schedule A”) setting forth the Software Products and a Schedule E as amended with any price increases from time to time (“Scheduled E”) setting forth the pricing, payment terms and other terms and conditions, then the Licensee’s Schedule A and Schedule E shall remain in full force and effect and be deemed the Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth the Software Products and pricing, payment and other terms. Further, notwithstanding anything to the contrary contained herein, if a Licensee has not signed an Order Form for CampMinder’s photo, news, camper communication, and/or video system (“Summer Services”) in connection with this Agreement and rather has signed a previous agreement with CampMinder that includes a Schedule E-1 or an Addendum (“Summer Services Schedule”) setting forth the Summer Services, pricing, payment and other related terms, then the Licensee’s Summer Services Schedule shall remain in full force and effect and be deemed to be included in the definition of Order Form for the purposes of this Agreement until and unless the Licensee signs a new Order Form that sets forth or replaces the Summer Services.
“Personal Data” means all information that CampMinder receives from Licensee or Authorized Users in the course of this Agreement that identifies or can be used to identify any specific individual or otherwise concerns the personal circumstances of an identified individual and accordingly is protected under Data Protection Law. Personal Data includes without limitation “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), “Personal Data” as defined in Regulation (EU) 2016/679 (together with any national implementations thereof, “GDPR”), and “personal information” as defined under the Massachusetts Standards for the Protection of Personal Data of Residents of the Commonwealth (201 CMR 17.01 et seq.).
“Software Products” shall refer to the then-current version (inclusive of any updates or modifications thereto) of those computer program modules and accompanying graphical user interfaces described in Order Form to this Agreement.
“Third Party Service” shall mean a third party (non CampMinder) product or service that interoperates with the Software Products and that Licensee or its Authorized Users may access in connection with using the Software Products, including by way of example and not limitation credit card, transaction and merchant processing (including but not limited to the services described in Section 2(K) of this Agreement), API access or background check services.
TERMS AND CONDITIONS
1. GRANT OF LICENSES AND RELATED RIGHTS
A. SCOPE OF LICENSES
1. GENERALLY
During the Term, CampMinder grants to Licensee, and Licensee accepts, a non-exclusive, revocable, nontransferable, limited license on the terms set forth herein to access and use the Software Products only with the CampMinder modules specified by Licensee from among those listed in Order Form. Licensee shall prevent unauthorized access to or use of the Software Products, and notify CampMinder promptly of any such unauthorized access or use.
As between CampMinder and Licensee, all data input into the CampMinder System by an Authorized User is considered Licensee Data owned by Licensee, except as otherwise agreed upon by Licensee and CampMinder or as otherwise set forth in this Agreement. CampMinder acknowledges that Licensee Data is valuable property of Licensee, and CampMinder warrants that it will use commercially reasonable efforts to back-up Licensee’s data in accordance with CampMinder’s then current data backup policy. Licensee is solely responsible for the accuracy, quality and legality of Licensee Data and the means by which Licensee acquired the Licensee Data. Licensee may designate one or more Administrative Users who shall have limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that, except for the limited license expressly granted hereunder and the Licensee Data, all right, title, and interest in and to the Software Products and the associated applications and functionality of the Software Products are and shall remain CampMinder's sole and exclusive property, and that the Software Products shall not be used in any manner except as expressly permitted by this Agreement.
2. AUTHORIZED USERS
To access and use the Software Products, one must be an Authorized User. Licensee must protect and ensure the confidential nature of each Authorized User’s Login ID and password, as well as the Licensee Data and Licensee is solely responsible for the use of Each Authorized User’s Login ID and password. Licensee shall designate one or more Administrative Users and shall allow such Administrative Users limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that CampMinder intends to require each Authorized User to contractually agree to certain provisions as a precondition to use of the CampMinder System, which provisions may be modified and supplemented from time to time, including without limitation, the then-current version of the CampMinder Terms of Use (available at: https://legal.campminder.com/terms-of-service/) and the CampMinder Privacy Policy (available at https://legal.campminder.com/privacy-policy/).
3. PROHIBITED ACTS
Licensee shall not, nor shall it permit any Authorized User or any other individual or entity to: (a) use or access the Software Products except as expressly permitted by this Agreement; (b) disassemble, decompile, or decrypt any applications, software, source code, or other computer language that provides or helps to provide functionality (including query results) in the Software Products, or that otherwise powers or comprises the Software Products; (c) remove, alter, cover, or obscure the copyright or other proprietary notices appearing in the Software Products; (d) alter, modify, or prepare derivative works based on any software or application accessible through the Software Products; (e) sell, license, rent or otherwise make available the Software Products or a Third Party Service to, or use any part of the Software Products or a Third Party Service for the benefit of, anyone other than Licensee or Authorized Users; (f) use the Software Products or a Third Party Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (g) use the Software Products or a Third Party Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; (h) interfere with or disrupt the integrity or performance of the Software Products or third-party data contained therein; (i) attempt to gain unauthorized access to the Software Products or its related systems; (j) access the Software Products in order to build or assist in building a competitive service or to benchmark with a non-CampMinder service; (k) reverse engineer the Software Products (to the extent such restriction is permitted by law); or (l) share credentials or any kind of access to the CampMinder System with users outside Licensee’s organization.
B. CAMPMINDER'S WARRANTIES AND DISCLAIMERS
CampMinder warrants that the Software Products will perform substantially in accordance with the applicable documentation for the respective Software Products. THIS WARRANTY IS THE ONLY WARRANTY MADE BY CAMPMINDER WITH RESPECT TO THE CAMPMINDER SYSTEM OR THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CAMPMINDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. FURTHER, THE WARRANTY SET FORTH ABOVE: (A) IS CONTINGENT UPON LICENSEE’S PROPER USE OF THE SOFTWARE PRODUCTS AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT; (B) DOES NOT GUARANTEE EXECUTION OR OPERATION OF THE SOFTWARE PRODUCTS WITHOUT INTERRUPTIONS, BUGS, OR ERRORS, OR THAT ALL ERRORS WILL BE CORRECTED; (C) DOES NOT COVER ANY BREACHES TO THE EXTENT CAUSED BY THIRD PARTY HOSTING , INTERNET, OR OTHER THIRD PARTY SERVICE PROVIDERS OUTSIDE THE CONTROL OF CAMPMINDER; (D) DOES NOT APPLY TO LICENSEE DATA OR TO DATA (INCLUDING PERSONAL DATA) TO THE EXTENT THE INPUT, OUTPUT, ACCURACY, AND/OR SUITABILITY OF WHICH ARE MADE BY, OR UNDER CONTROL OF, LICENSEE OR AN AUTHORIZED USER; (E) DOES NOT GUARANTEE THAT THE SOFTWARE PRODUCTS AND/OR THE RELATED APPLICATIONS WILL MEET LICENSEE’S REQUIREMENTS OR OPERATE IN THE COMBINATIONS LICENSEE MAY SELECT OR USE; (F) IS AUTOMATICALLY AND IMMEDIATELY VOID UPON ANY MATERIAL BREACH OF THIS AGREEMENT BY LICENSEE OR AN AUTHORIZED USER, OR UPON ANY ACCESS OR USE OF THE SOFTWARE PRODUCTS NOT PERMITTED BY THIS AGREEMENT; AND (G) WILL BECOME VOID IF THE ALLEGED BREACH IS NOT DULY REPORTED TO CAMPMINDER WITHIN FIFTEEN (15) DAYS AFTER LICENSEE BECOMES AWARE THEREOF. CAMPMINDER’S ENTIRE LIABILITY AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE, AT CAMPMINDER’S OPTION, FOR CAMPMINDER TO CORRECT SUCH NONCONFORMITY BY REPAIR, REPLACEMENT, RECONFIGURATION, OR SUITABLE WORKAROUND, OR TO TERMINATE THIS AGREEMENT AND REFUND THE PORTION OF THE LICENSE FEE ACTUALLY RECEIVED BY CAMPMINDER DIRECTLY RELATING TO THE NONCONFORMING SOFTWARE PRODUCTS IN THE PRIOR TWELVE (12) MONTH PERIOD TO THE CLAIM ARISING.
C. LIMITATION OF LIABILITY
EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT LICENSEE’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION BELOW. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO MAINTAIN A STORED BACKUP COPY OF LICENSEE’S DATA IN THE EVENT THAT THE SOFTWARE PRODUCTS ARE RENDERED UNAVAILABLE FOR ANY LENGTH OF TIME.
D. PAYMENT
Licensee shall pay CampMinder the amounts, and at the times, specified in the Order Form for the license granted under Section 1(a)(1) hereof and other products and services that CampMinder may provide from time to time, including the Software Products. The license fee may increase each year to account for inflation, development enhancements, increased costs of doing business, and otherwise; provided CampMinder provides you with at least thirty (30) days prior written notice (email sufficient). The parties acknowledge and agree that new products, new modules and new versions of the CampMinder System shall not be limited by the price increases more specifically described herein. All amounts billed by CampMinder are due within 30 days of the invoice date. Unless otherwise set forth in an Order Form, CampMinder is hereby irrevocably authorized to withdraw the invoice amount from Licensee’s funds on or after the specified payment date, unless Licensee advises CampMinder in writing within ten days after receiving the invoice that such withdrawal is not authorized, setting forth the applicable reasons. Without limiting CampMinder’s other remedies, if any payment owed by Licensee is unpaid more than 30 days from the invoice date, CampMinder may (1) add late fees of 1.5% per month to the amount due, (2) accelerate Licensee’s fee obligations for the remaining term of this Agreement so that all such fees become immediately due and payable, and (3) suspend services, including but not limited to access to the Software Products, the CampMinder System, the Licensee Data and general support, to Licensee until such amounts are paid in full. BY PROVIDING THE FOREGOING AND SIGNING AND RETURNING THE AGREEMENT AND ASSOCIATED ONBOARDING INFORMATION, LICENSEE, UNLESS OTHERWSIE SET FORTH IN AN ORDER FORM, HEREBY AUTHORIZES CAMPMINDER TO WITHDRAW THE APPLICABLE AMOUNTS FROM LICENSEE’S CHECKING ACCOUNT IN ACCORDANCE WITH THIS AGREEMENT FROM THE EFFECTIVE DATE UNLESS LICENSEE ADVISES CAMPMINDER, IN WRITING WITHIN TEN (10) DAYS AFTER CAMPMINDER PROVIDES WRITTEN NOTICE OF ITS INTENT TO MAKE ANY SUCH WITHDRAWAL, THAT SUCH WITHDRAWAL IS NOT AUTHORIZED AND SETTING FORTH THE APPLICABLE REASONS
E. TRAINING; CONSULTATION
CampMinder agrees to provide consultation via telephone and via CampMinder’s electronic ticketing system regarding the use of the CampMinder System to Authorized Users, at the hours and in the manner, specified in Schedule B. CampMinder shall use commercially reasonable efforts to respond to Licensee’s requests for assistance with reasonable care and speed. Licensee acknowledges that delays in response time may result from time to time because, among other things, CampMinder requires additional information from Licensee in order to provide the information or resolution to address the Licensee request(s). Licensee also acknowledges that delays may result due to unforeseen technical and/or personnel problems encountered by CampMinder. If CampMinder determines that Licensee's requests for consultation are excessive in scope of hours, frequency of consultation, speed of resolution or otherwise, CampMinder shall notify Licensee and may, but has no obligation to, provide enhanced consultation at an additional fee in accordance with Order Form.
F. PROPRIETARY RIGHTS AND LICENSES
Subject to the limited rights expressly granted under this Agreement, CampMinder and its licensors reserve all right, title and interest in and to the Software Products, and in and to the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the CampMinder System, including all related intellectual property rights. No rights are granted to Licensee under this Agreement except as expressly set forth herein. Licensee grants to CampMinder, its affiliates and applicable contractors a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use, distribute, reproduce, modify, and display the Licensee Data, as reasonably necessary for CampMinder to (i) provide the Software Products and associated services (including access to Third Party Services) in accordance with this Agreement; (ii) evaluate and provide benchmarking, analytics and trends for Licensee and, on an aggregated basis, evaluate and provide trends, analytics, best practices, and benchmarking for CampMinder, third parties and its other customers; and (iii) improve the Software Products and associated services. Except for the limited license granted herein, no rights in Licensee Data are granted to CampMinder under this Agreement. Licensee grants to CampMinder and its affiliates a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use and incorporate into CampMinder’s and/or its affiliates’ services any suggestion, enhancement request, recommendation, correction or other feedback provided by Licensee or its Authorized Users relating to the operation of the Software Products or CampMinder’s services.
G. CONFIDENTIALITY
“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Licensee’s Confidential Information includes Licensee Data; CampMinder’s Confidential Information includes the Software Products; and Confidential Information of each party includes the terms of this Agreement (including pricing). Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) is received from a third party, or known to the Receiving Party prior to its disclosure by the Disclosing Party, without breach of any obligation owed to the Disclosing Party, or (c) was independently developed by the Receiving Party.
The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (and at least reasonable care) to (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
H. COMPLIANCE WITH LAWS AND REGULATIONS
Licensee shall comply with all applicable laws and regulations in connection with this Agreement including, without limitation, as to disclosure or use of all information and materials which CampMinder obtains on behalf of Licensee or Licensee’s campers, parents, staff, customers and/or affiliated persons and entities.
I. PRIVACY AND DATA SECURITY
During the course of the Agreement, CampMinder may receive or have access to Personal Data of Licensee. CampMinder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for CampMinder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee.
In the event the Parties must enter into any agreement or additional provisions to maintain compliance with all applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to CampMinder, and will promptly advise CampMinder if Licensee becomes or provides any information subject to HIPAA.
CampMinder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by CampMinder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then CampMinder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
J. THIRD PARTY SERVICES
Licensee or its Authorized Users may use the Software Products to obtain one or more Third Party Services from the provider that CampMinder retains from time to time to provide that Third Party Service (a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants CampMinder permission to allow the Third Party Provider to access Licensee’s Data as required for the interoperation of that Third Party Service with the Software Products.
CampMinder does not guarantee or warrant the continued availability of any Software Products features designed to interoperate with Third Party Services. CampMinder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, if for example and without limitation, the Third Party Provider ceases to make the Third Party Service available for interoperation with the Software Products in a manner acceptable to CampMinder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by CampMinder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES. Without limiting the preceding sentence, CampMinder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider. Licensee shall comply with the terms of service of any Third Party Service with which Licensee uses the Software Products, and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES.
If Licensee uses any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or CampMinder to share Personal Data, which would specifically include biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
K. INDEMNIFICATION
LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMPMINDER, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY LIABILITY, COST OR EXPENSE (INCLUDING ATTORNEY’S FEES), ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT BY LICENSEE OR ITS AUTHORIZED USERS.
2. MISCELLANEOUS
A. BINDING EFFECT; ASSIGNMENT
This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person, other than the parties hereto and the indemnified parties, any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement, and no other person shall be deemed a third-party beneficiary under or by reason of this Agreement. Licensee shall not sell, transfer, lease, assign, pledge, mortgage or otherwise dispose of any of the rights, privileges, duties, and obligations granted or imposed hereunder without CampMinder’s prior consent. Notwithstanding anything to the contrary contained herein, CampMinder may freely assign this Agreement to any affiliate or subsidiary or to a third party pursuant to any acquisition, merger or change of control of CampMinder.
B. ENTIRE AGREEMENT; SURVIVAL; AMENDMENT; WAIVER
This Agreement constitutes the entire agreement between CampMinder and Licensee and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter hereof expressly including any license agreement between the parties. The provisions of the following sections, and the applicable schedules referred to therein, will survive the termination or expiration of this Agreement for any reason: Section 1(a) (3), 1(c), 1(g), 1(h), 1(i), and Section 2 all except (c) and (f). Unless otherwise expressly provided in this Agreement, no delay or omission on the part of any party in exercising any right or privilege under this Agreement shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right under this Agreement operate as a waiver of any other right or privilege under this Agreement nor shall any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under this Agreement. Notwithstanding anything to the contrary contained herein, CampMinder reserves the right, in its sole discretion to make any changes to the Software Products or associated services (including Third Party Services) that it deems necessary or useful, including but not limited to: (a) maintain or enhance: (i) the quality or delivery of the Software Products to its customers; (ii) the competitive strength of or market for the Software Products; or (iii) the Software Products cost efficiency or performance; or (b) to comply with applicable laws or regulations. CampMinder may modify or amend this Agreement at any time by posting access to details of any modifications or amendments to this Agreement at https://legal.campminder.com/#mla/.
Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or made for legal reasons will be effective immediately. If you don’t agree to any modified or amended terms in the Agreement, you must stop using the Services. Your continued use of the Software Products after the effective date of any changes constitutes your agreement to follow and be bound by such changes.
C. TERM
This agreement has an initial term of one year, and it shall automatically renew each year on the anniversary of the Effective Date (the “Anniversary Date”) for successive one (1) year periods unless terminated by either party on written notice at least ninety (90) days prior to an Anniversary Date (the “Term”). For Licensees with Summer Services that have an active Summer Services Schedule, the Summer Service Schedule shall be amended to include the following: “Notwithstanding anything to the contrary contained herein, this CampInTouch Summer Services contract shall automatically renew November 1 of each subsequent year for a one-year period, unless either party provides written notice to the other party at least thirty (30) days prior to November 1 that it desires for the CampInTouch Summer Services contract to terminate.” . Notwithstanding anything to the contrary contained herein, CampMinder may terminate this Agreement or any Order Form for convenience and without liability (other than the repayment of any prepaid license fees for the remainder of the term after the effective date such termination for convenience) upon thirty (30) days prior written notice to Licensee.
D. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Each of the parties irrevocably and unconditionally agrees that any legal proceeding arising under or in connection with this Agreement except those seeking injunctive relief shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Licensee has read and understood this Agreement and has consulted with an attorney to the extent Licensee has deemed advisable. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
E. TERMINATION
Upon any material breach by Licensee, including, but not limited to, any breach of the restrictions on Software Products use contained herein, CampMinder may terminate this Agreement and the license granted hereunder, or suspend CampMinder’s services to Licensee until such breach is cured. Termination or suspension will not be exclusive of any other remedy available under this Agreement or applicable law. Upon termination of this Agreement for any reason whatsoever, (i) the license granted Licensee shall immediately cease and terminate, (ii) Licensee shall immediately cease use of the Software Products and (iii) Licensee shall immediately make any payments due to CampMinder.
F. TRIAL PERIOD; REFUNDS
During the first ninety (90) days after the Effective Date of your original master license agreement with CampMinder (the “Trial Period”), Licensee may terminate this Agreement and receive a refund, upon notice to CampMinder specifying the circumstances with as much detail as practical. Except as described in this Sections 2(C) and 2(F), the license fee is nonrefundable.
NOTWITHSTANDING SECTION 1.B OR ANYTHING TO THE CONTRARY CONTAINED HEREIN, DURING THE TRIAL PERIOD THE SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
If this Agreement is terminated by Licensee during the Trial Period, CampMinder shall refund in full the license fees paid under this Agreement. If this Agreement is terminated by CampMinder in accordance with Section 2(E), Licensee shall immediately pay any unpaid fees covering the remainder of the term of this Agreement. In no event will termination relieve Licensee of Licensee’s obligation to pay any fees payable to CampMinder for the period prior to the effective date of termination.
G. OUTAGES; ALTERNATIVE ACCESS
In the event of a failure or malfunction of the CampMinder site for a continuous period of seventy-two hours or more such that Licensee cannot access CampMinder for the purposes delineated herein (an “outage”), CampMinder will use commercially reasonable efforts to provide alternative access to the CampMinder System and Licensee Data. These steps may include, at CampMinder’s option, using a different Internet host, data center or bandwidth provider. Any delays or failure in performance by any party under this Agreement shall not be considered a breach of this Agreement if, and to the extent, caused by occurrences beyond the reasonable control of the party affected, including, but not limited to, acts of God, governmental restrictions, data center outages, power outages, fire, flood, explosion or the like.
H. NOTICES
Any notices or other communications required or permitted hereunder shall be in writing and shall be sufficiently given if sent by overnight mail, registered mail or certified mail, postage prepaid, by facsimile (with receipt confirmed telephonically) or by hand, to the parties at the addresses set forth above or such other address as either party provides with reasonable advance notice. In the event that Licensee’s address for notice changes during the Term, Licensee shall promptly provide CampMinder with such new address in accordance with this Section 2(H) of this Agreement.
I. SEVERABILITY
If any provision of this Agreement shall be held invalid, unenforceable or void, a suitable and equitable provision shall be substituted therefor in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
J. USE OF LICENSEE NAME
CampMinder shall be permitted to use Licensee’s name, and to generally disclose the services provided to Licensee hereunder, provided that CampMinder does not disclose any Confidential Information relating to Licensee or its operations.
K. MERCHANT PROCESSING; CREDIT CARD DATA
During the term hereof, CampMinder agrees to maintain PCI compliance to the extent required by law in order to provide the services described under this Section 2(K) of this Agreement. Licensee is responsible for its individual PCI compliance and annual validation to its credit card services provider.
1. USE OF DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through CampMinder, then Licensee shall do so by entering into a separate agreement with either (i) CampMinder (or its affiliate or subsidiary) or (ii) the merchant processing partner designated by CampMinder, which agreement shall contain such terms and conditions as Licensee and either (i) CampMinder (or its affiliate or subsidiary) or (ii) such merchant processing partner agree upon from time to time, and provided further, if Licensee makes such election under this Section 2(K)(1), Licensee hereby authorizes CampMinder to access and use the Licensee Data, including Licensee’s transaction records and other merchant processing data in the merchant processing partner’s back office platform and administrative and reporting tools and systems. Fees charged by payment processing providers may change from time to time upon thirty (30) days prior written notice. Except for data collected through (i) CampMinder (or its affiliate or subsidiary), (ii) the merchant processing partner designated by CampMinder, or (iii) in explicitly designated, PCI compliant sections of the Software Products, Licensee shall not under any circumstances use the Software Products to collect or store credit card or bank account information of its users.
2. USE OF NON-DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee desires to process credit card payments or ACH e-check payments through the Software Products but not through a merchant processing partner designated by CampMinder (“Non-Designated Processing Provider”), then Licensee must get written consent from CampMinder, which consent may be withheld in CampMinder’s sole discretion. Provided that Licensee obtains such consent from CampMinder, then Licensee may select such Non-Designated Processing Provider and process payments through such Non-Designated Processing Provider; provided Licensee enters into a separate agreement with such Non-Designated Processing Provider which agreement shall contain any and all such terms and conditions for the provision of credit card processing as Licensee and such Non-Designated Processing Provider agree upon from time to time. Except for data collected through the such Non-Designated Processing Provider, Licensee shall not under any circumstances use the Software Products to collect or store credit card or bank account information of its users.
In exchange for CampMinder permitting the Licensee to utilize the Software Products with a Non-Designated Processing Provider, Licensee shall pay CampMinder a convenience fee (“Convenience Fee”) a minimum of 0.20% of every dollar processed through the Non-Designated Processing Provider via the Software Products. At the end of each month, CampMinder will invoice Licensee the Convenience Fee as determined by the dollars processed through the Non-Designated Processing Provider each month. CampMinder reserves the right to increase the Convenience Fee in its sole discretion effective upon notice to Licensee.
L. COUNTERPARTS
This Agreement may be executed by facsimile, electronic signature, pdf or other electronic means in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument binding on the parties, notwithstanding that all the parties are not signatories to the original or the same counterpart.
Schedule A
BACKGROUND SEARCH SERVICES
CampMinder may provide Licensee with the option of obtaining certain background check services selected from the options set forth in the applicable Software Product module from time to time (the “Services”). As a precondition to obtaining the Services, Licensee agrees to the terms and conditions set forth in (i) this Agreement including, in particular, this Schedule A and (ii) any “end user certification” and/or other documentation required by the background check fulfillment company that CampMinder retains from time to time to provide the Services (the “Background Check Provider”). For these Services, Licensee agrees to pay the amount specified in the "check out window" from time to time, plus any additional fees incurred as a result of an automatically triggered additional search, as described in the checkout process. The provisions of this Schedule A shall control in the event of any conflict with any other provision of this Agreement, including the Schedules thereto.
1. WARRANTY; DISCLAIMER OF WARRANTY.
CampMinder warrants that CampMinder will accurately communicate Licensee’s order to the Background Check Provider and will accurately communicate the results provided within seven (7) business days of receiving them from the Background Check Provider. The warranty set forth in this section will become void unless Licensee reports any deficiencies in the Services provided under this Schedule A to CampMinder in writing, within twenty-one (21) days after the performance of the Services.
CampMinder’s entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at CampMinder’s option, for CampMinder to correct such nonconformity by re-performance of the Services found to be deficient, or to refund the fees actually received by CampMinder with respect to the deficient Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO THE BACKGROUND CHECK PROVIDER FOR PERFORMANCE OF THE SERVICES. CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY SUCH BACKGROUND CHECK PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. FURTHER, BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
2. LIMITATION OF LIABILITY.
CAMPMINDER MAKES NO REPRESENTATION THAT THE INFORMATION RETRIEVED FROM GOVERNMENTAL AND OTHER DATABASES AND REPORTED TO LICENSEE IN CONNECTION WITH THE SERVICES IS TRUE, CORRECT OR COMPLETE.
Licensee acknowledges and agrees that it is Licensee’s exclusive responsibility to use the background search information provided by CampMinder or the Background Check Provider in accordance with all applicable employment and other laws and that CampMinder shall have no liability or responsibility related to or arising from Licensee’s illegal, unauthorized or improper use or disclosure of any background search information provided by CampMinder or the Background Check Provider to Licensee.
EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE OR INTERNATIONAL DATA PROTECTION LAWS, CAMPMINDER’S AGGREGATE LIABILITY FOR ANY COSTS OR DAMAGES ARISING FROM ANY FAILURE OF CAMPMINDER TO CORRECTLY PROVIDE THE RESULTS OF THE RELEVANT SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR SUCH SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM ARISING. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE LAWS, IN NO EVENT SHALL CAMPMINDER BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE BACKGROUND SEARCH SERVICES OR THE INFORMATION PROVIDED BY CAMPMINDER TO LICENSEE.
3. INDEMNIFICATION.
Licensee shall indemnify and hold harmless CampMinder, its affiliates and their respective owners, management, employees and agents from any liability, cost or expense (including attorney’s fees), directly or indirectly relating to any use or disclosure by Licensee or any of its directors, officers, employees, agents, or volunteers of any background search information provided by CampMinder to Licensee, and all losses, costs, damages, expenses and liabilities, including costs, penalties and attorney’s fees, incurred by each of them as a result of such third party claims.
SCHEDULE B
GENERAL SUPPORT AND CONSULTATION POLICIES
During the Term, CampMinder will use commercially reasonable efforts to provide support and consultation by telephone and by CampMinder’s electronic ticketing system to Licensee and Authorized Users through two channels in accordance with the following:
- Electronic Ticketing System Support – This is the most efficient way to submit and track support issues. CampMinder strongly encourages Administrative Users to initiate all support requests through the CampMinder Electronic Ticketing System. Electronic support is offered to all Authorized Users.
- Telephone Consultation - CampMinder also provides Telephone Consultation to help resolve support issues. Telephone support is offered to Administrative Users.
The days and hours of operation for the above support and consultation can be found at https://www.legal.campminder.com.
Training
CampMinder provides one training session for each Software Product module licensed to Licensee hereunder at no additional cost and in accordance with the training policies and procedures set forth at (https://legal.campminder.com) (“Training Policies and Procedures”). Training sessions are scheduled at mutually convenient times during Phone Support Hours. Each training session covers one or more specific Software Product module and shall be conducted in accordance with the Training Policies and Procedures. Licensee will designate one Administrative User to act as a single point of contact as a training coordinator (the “Specialist”) for the Licensee. The Specialist is obligated to ensure that all training sessions are attended by the Licensee organization member deemed most appropriate to receive the training on the Software Product module. The same Administrative User may act as the designated Licensee member for multiple Software Product modules. Licensee acknowledges and agrees that any additional trainings beyond the initial training per Software Product module or for which Licensee does not adhere to the Training Policies and Procedures shall be provided at a rate of $165 per hour with a one hour minimum and which rates are subject to change from time to time. Licensee may designate one or more replacement Specialists in writing from time to time. Licensee agrees that all questions pertaining to a Software Product module shall initially be routed to the Specialist assigned to that particular Software Product module prior to contacting CampMinder support.
Effective October 1st 2018 to March 6th 2019
DownloadTable of Contents
THIS MASTER LICENSE AGREEMENT ("AGREEMENT") GOVERNS YOUR USE OF AND ACCESS TO THE SERVICES PROVIDED BY CAMPMINDER, LLC, A COLORADO LIMITED LIABILITY COMPANY ("CAMPMINDER"), WHETHER IN CONNECTION WITH A SERVICE PLAN OR A FREE TRIAL OF THE SERVICES. This Agreement is effective as of the date you accept it (the “Effective Date”). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. You represent that you are at least 18 years of age.
OVERVIEW
CampMinder provides an online service that allows Authorized Users to submit input and obtain results using one or moe of CampMinder’s various Software Products using only a web browser and Internet connection. The intended use of the Software Products is to help manage and administer Licensee’s camp (the “Camp”).
DEFINITIONS
“Administrative User” shall mean an individual who is currently or proposed to be employed or retained by Licensee and designated by Licensee to manage and maintain the Licensee Data using CampMinder’s services.
"Authorized User" shall mean an individual who is either an Administrative User or a CampInTouch User.
“CampInTouch User” shall mean an individual who is a current, former or prospective staff member of Licensee, current or former camper of Licensee, or a parent, guest, legal guardian, or caregiver thereof, who is authorized under this Agreement to use the Software Products. No one other than an Authorized User may access and use the Software Products.
"CampMinder System" shall mean the CampMinder Software Products (including the Online Forms) developed, deployed and delivered by CampMinder, including, among other things, underlying software and applications.
“Confidential Information” means all trade secrets, business and financial information, software, machine and operator instructions, business methods, procedures, know-how, and other information that relates to the business or technology of either party and is marked or identified as confidential, or disclosed in circumstances that would lead a reasonable person to believe such information is confidential.
“Data Protection Law” means all federal, state, local and foreign laws, statutes, regulations, rules, and official guidance applicable to the protection of Personal Data under this Agreement in all relevant jurisdictions.
“Licensee Data” shall mean all data (including but not limited to Personal Data) imported into the CampMinder System or input into the CampMinder System by Authorized Users of the Software Products.
“Online Forms” shall mean the Software Products which permit CampInTouch Users to input data.
“Order Form” shall mean the CampMinder Order form that sets forth the Software Products, payment information and such other terms and conditions, attached hereto and incorporated herein by this reference, and shall be subject to and governed by the terms and conditions of this Agreement.
“Personal Data” means all information that CampMinder receives from Licensee or Authorized Users in the course of this Agreement that identifies or can be used to identify any specific individual or otherwise concerns the personal circumstances of an identified individual and accordingly is protected under Data Protection Law. Personal Data includes without limitation “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), “Personal Data” as defined in Regulation (EU) 2016/679 (together with any national implementations thereof, “GDPR”), and “personal information” as defined under the Massachusetts Standards for the Protection of Personal Data of Residents of the Commonwealth (201 CMR 17.01 et seq.).
“Software Products” shall refer to the then-current version (inclusive of any updates or modifications thereto) of those computer program modules and accompanying graphical user interfaces described in Order Form to this Agreement.
“Third Party Service” shall mean a third party (non CampMinder) product or service that interoperates with the Software Products and that Licensee or its Authorized Users may access in connection with using the Software Products, including by way of example and not limitation credit card processing or background check services.
TERMS AND CONDITIONS
1. GRANT OF LICENSES AND RELATED RIGHTS
A. SCOPE OF LICENSES
1. GENERALLY
During the Term, CampMinder grants to Licensee, and Licensee accepts, a non-exclusive, revocable, nontransferable, limited license on the terms set forth herein to access and use the Software Products only with the CampMinder modules specified by Licensee from among those listed in Order Form. Licensee shall prevent unauthorized access to or use of the Software Products, and notify CampMinder promptly of any such unauthorized access or use.
As between CampMinder and Licensee, all data input into the CampMinder System by an Authorized User is considered Licensee Data owned exclusively by Licensee. CampMinder acknowledges that Licensee Data is valuable property of Licensee, and CampMinder warrants that it will use commercially reasonable efforts to back-up Licensee’s data in accordance with CampMinder’s then current data backup policy. Licensee is solely responsible for the accuracy, quality and legality of Licensee Data and the means by which Licensee acquired the Licensee Data. Licensee may designate one or more Administrative Users who shall have limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that, except for the limited license expressly granted hereunder and the Licensee Data, all right, title, and interest in and to the Software Products and the associated applications and functionality of the Software Products are and shall remain CampMinder's sole and exclusive property, and that the Software Products shall not be used in any manner except as expressly permitted by this Agreement.
2. AUTHORIZED USERS
To access and use the Software Products, one must be an Authorized User. Licensee must protect and ensure the confidential nature of each Authorized User’s Login ID and password, as well as the Licensee Data and Licensee is solely responsible for the use of Each Authorized User’s Login ID and password. Licensee shall designate one or more Administrative Users and shall allow such Administrative Users limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that CampMinder intends to require each Authorized User to contractually agree to certain provisions as a precondition to use of the CampMinder System, which provisions may be modified and supplemented from time to time, including without limitation, the then-current version of the CampMinder Terms of Use (available at: https://campminder.com/terms-of-service/).
3. PROHIBITED ACTS
Licensee shall not, nor shall it permit any Authorized User or any other individual or entity to: (a) use or access the Software Products except as expressly permitted by this Agreement; (b) disassemble, decompile, or decrypt any applications, software, source code, or other computer language that provides or helps to provide functionality (including query results) in the Software Products, or that otherwise powers or comprises the Software Products; (c) remove, alter, cover, or obscure the copyright or other proprietary notices appearing in the Software Products; (d) alter, modify, or prepare derivative works based on any software or application accessible through the Software Products; (e) sell, license, rent or otherwise make available the Software Products or a Third Party Service to, or use any part of the Software Products or a Third Party Service for the benefit of, anyone other than Licensee or Authorized Users; (f) use the Software Products or a Third Party Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (g) use the Software Products or a Third Party Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; (h) interfere with or disrupt the integrity or performance of the Software Products or third-party data contained therein; (i) attempt to gain unauthorized access to the Software Products or its related systems; (j) access the Software Products in order to build a competitive service or to benchmark with a non-CampMinder service; or (k) reverse engineer the Software Products (to the extent such restriction is permitted by law).
B. CAMPMINDER'S WARRANTIES AND DISCLAIMERS
CampMinder warrants that the Software Products will perform substantially in accordance with the applicable documentation for the respective Software Products. THIS WARRANTY IS THE ONLY WARRANTY MADE BY CAMPMINDER WITH RESPECT TO THE CAMPMINDER SYSTEM OR THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CAMPMINDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. Further, the warranty set forth above: (a) is contingent upon Licensee’s proper use of the Software Products and compliance with the terms of this Agreement; (b) does not guarantee execution or operation of the Software Products without interruptions, bugs, or errors, or that all errors will be corrected; (C) DOES NOT COVER ANY BREACHES to the extent CAUSED BY THIRD PARTY HOSTING , INTERNET, or other third party SERVICE PROVIDERS outside the control of campminder; (D) does not apply to Licensee Data or to data (INCLUDING PERSONAL DATA) TO THE EXTENT THE input, output, accuracy, and/OR suitability OF which are made by, or under control of, Licensee or an Authorized User; (E) does not guarantee that the Software Products and/or the related applications will meet Licensee’s requirements or operate in the combinations Licensee may select or use; (F) is automatically and immediately void upon any material breach of this Agreement by Licensee or an Authorized User, or upon any access or use of the Software Products not permitted by this Agreement; and (G) will become void if the alleged breach is not duly reported to CampMinder within fifteen (15) days after Licensee becomes aware thereof. CAMPMINDER’S ENTIRE LIABILITY AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE, AT CAMPMINDER’S OPTION, FOR CAMPMINDER TO CORRECT SUCH NONCONFORMITY BY REPAIR, REPLACEMENT, RECONFIGURATION, OR SUITABLE WORKAROUND, OR TO TERMINATE THIS AGREEMENT AND REFUND THE PORTION OF THE LICENSE FEE ACTUALLY RECEIVED BY CAMPMINDER DIRECTLY RELATING TO THE NONCONFORMING SOFTWARE PRODUCTS IN THE PRIOR TWELVE (12) MONTH PERIOD TO THE CLAIM ARISING.
C. LIMITATION OF LIABILITY
IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT LICENSEE’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION BELOW. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO MAINTAIN A STORED BACKUP COPY OF LICENSEE’S DATA IN THE EVENT THAT THE SOFTWARE PRODUCTS ARE RENDERED UNAVAILABLE FOR ANY LENGTH OF TIME.
D. PAYMENT
Licensee shall pay CampMinder the amounts, and at the times, specified in Order Form for the license granted under Section 1(a)(1) hereof and other products and services that CampMinder may provide from time to time. The license fee may increase each year to account for inflation, development enhancements, increased costs of doing business, and otherwise; provided CampMinder provides you with at least thirty (30) days prior written notice (email sufficient). The parties acknowledge and agree that new products, new modules and new versions of the CampMinder System shall not be limited by the price increases more specifically described herein. All amounts billed by CampMinder are due within 30 days of the invoice date. CampMinder is hereby irrevocably authorized to withdraw the invoice amount from Licensee’s funds on or after the specified payment date, unless Licensee advises CampMinder in writing within ten days after receiving the invoice that such withdrawal is not authorized, setting forth the applicable reasons. Without limiting CampMinder’s other remedies, if any payment owed by Licensee is unpaid more than 30 days from the invoice date, CampMinder may (1) add late fees of 1.5% per month to the amount due, (2) accelerate Licensee’s fee obligations for the remaining term of this Agreement so that all such fees become immediately due and payable, and (3) suspend services to Licensee until such amounts are paid in full. BY PROVIDING THE FOREGOING AND SIGNING AND RETURNING THE AGREEMENT AND ASSOCIATED ONBOARDING INFORMATION, LICENSEE HEREBY AUTHORIZES CAMPMINDER TO WITHDRAW THE APPLICABLE AMOUNTS FROM LICENSEE’S CHECKING ACCOUNT IN ACCORDANCE WITH THIS AGREEMENT FROM THE EFFECTIVE DATE UNLESS LICENSEE ADVISES CAMPMINDER, IN WRITING WITHIN TEN (10) DAYS AFTER CAMPMINDER PROVIDES WRITTEN NOTICE OF ITS INTENT TO MAKE ANY SUCH WITHDRAWAL, THAT SUCH WITHDRAWAL IS NOT AUTHORIZED AND SETTING FORTH THE APPLICABLE REASONS
E. TRAINING; CONSULTATION
CampMinder agrees to provide consultation via telephone and via CampMinder’s electronic ticketing system regarding the use of the CampMinder System to Authorized Users, at the hours and in the manner, specified in Schedule C. CampMinder shall use commercially reasonable efforts to respond to Licensee’s requests for assistance with reasonable care and speed. Licensee acknowledges that delays in response time may result from time to time because, among other things, CampMinder requires additional information from Licensee in order to provide the information or resolution to address the Licensee request(s). Licensee also acknowledges that delays may result due to unforeseen technical and/or personnel problems encountered by CampMinder. If CampMinder determines that Licensee's requests for consultation are excessive in scope of hours, frequency of consultation, speed of resolution or otherwise, CampMinder shall notify Licensee and may, but has no obligation to, provide enhanced consultation at an additional fee in accordance with Order Form.
F. PROPRIETARY RIGHTS AND LICENSES
Subject to the limited rights expressly granted under this Agreement, CampMinder and its licensors reserve all right, title and interest in and to the Software Products, and in and to the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the CampMinder System, including all related intellectual property rights. No rights are granted to Licensee under this Agreement except as expressly set forth herein. Licensee grants to CampMinder, its affiliates and applicable contractors a world-wide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, distribute, reproduce, modify, and display the Licensee Data, as reasonably necessary for CampMinder to (i) provide the Software Products in accordance with this Agreement; (ii) evaluate and provide benchmarking, analytics and trends for Licensee and, on an aggregated basis, evaluate and provide trends, analytics, best practices, and benchmarking for CampMinder, third parties and its other customers; and (iii) improve the Software Products and associated services. Except for the limited license granted herein, no rights in Licensee Data are granted to CampMinder under this Agreement. Licensee grants to CampMinder and its affiliates a world-wide, royalty-free, perpetual, irrevocable, and non-exclusive license to use and incorporate into CampMinder’s and/or its affiliates’ services any suggestion, enhancement request, recommendation, correction or other feedback provided by Licensee or its Authorized Users relating to the operation of the Software Products or CampMinder’s services.
G. CONFIDENTIALITY
“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Licensee’s Confidential Information includes Licensee Data; CampMinder’s Confidential Information includes the Software Products; and Confidential Information of each party includes the terms of this Agreement (including pricing). Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) is received from a third party, or known to the Receiving Party prior to its disclosure by the Disclosing Party, without breach of any obligation owed to the Disclosing Party, or (c) was independently developed by the Receiving Party.
The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (and at least reasonable care) to (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
H. COMPLIANCE WITH LAWS AND REGULATIONS
Licensee shall comply with all applicable laws and regulations in connection with this Agreement including, without limitation, as to disclosure or use of all information and materials which CampMinder obtains on behalf of Licensee or Licensee’s campers, parents, staff and affiliated persons and entities.
I. PRIVACY AND DATA SECURITY
During the course of the Agreement, CampMinder may receive or have access to Personal Data of Licensee. CampMinder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for CampMinder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee.
In the event the Parties must enter into any agreement or additional provisions to maintain compliance with all applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to CampMinder, and will promptly advise CampMinder if Licensee becomes or provides any information subject to HIPAA.
CampMinder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by CampMinder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then CampMinder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
J. THIRD PARTY SERVICES
Licensee or its Authorized Users may use the Software Products to obtain one of more Third Party Services from the provider that CampMinder retains from time to time to provide that Third Party Service (a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants CampMinder permission to allow the Third Party Provider to access Licensee’s Data as required for the interoperation of that Third Party Service with the Software Products.
CampMinder does not guarantee or warrant the continued availability of any Software Products features designed to interoperate with Third Party Services. CampMinder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, if for example and without limitation, the Third Party Provider ceases to make the Third Party Service available for interoperation with the Software Products in a manner acceptable to CampMinder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by CampMinder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES. Without limiting the preceding sentence, CampMinder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider. Licensee shall comply with the terms of service of any Third Party Service with which Licensee uses the Software Products, and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES.
If Licensee elects to use any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or CampMinder to share Personal Data, which would specifically include biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
K. INDEMNIFICATION
Licensee shall indemnify, defend, and hold harmless CampMinder, its affiliates and their respective owners, management, employees, agents, successors and assigns from and against any liability, cost or expense (including attorney’s fees), arising out of or relating to any breach of this Agreement by Licensee or its Authorized Users.
2. MISCELLANEOUS
A. BINDING EFFECT; ASSIGNMENT
This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person, other than the parties hereto and the indemnified parties, any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement, and no other person shall be deemed a third-party beneficiary under or by reason of this Agreement. Licensee shall not sell, transfer, lease, assign, pledge, mortgage or otherwise dispose of any of the rights, privileges, duties, and obligations granted or imposed hereunder without CampMinder’s prior consent. Notwithstanding anything to the contrary contained herein, CampMinder may freely assign this Agreement to any affiliate or subsidiary or to a third party pursuant to any acquisition, merger or change of control of CampMinder.
B. ENTIRE AGREEMENT; SURVIVAL; AMENDMENT; WAIVER
This Agreement constitutes the entire agreement between CampMinder and Licensee and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter hereof expressly including any license agreement between the parties. The provisions of the following sections, and the applicable schedules referred to therein, will survive the termination or expiration of this Agreement for any reason: Section 1(a) (3), 1(c), 1(g), 1(h), 1(i), and Section 2 all except (c) and (f). Unless otherwise expressly provided in this Agreement, no delay or omission on the part of any party in exercising any right or privilege under this Agreement shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right under this Agreement operate as a waiver of any other right or privilege under this Agreement nor shall any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under this Agreement. Notwithstanding anything to the contrary contained herein, CampMinder reserves the right, in its sole discretion to make any changes to the Software Products or associated services (including Third Party Services) that it deems necessary or useful, including but not limited to: (a) maintain or enhance: (i) the quality or delivery of the Software Products to its customers; (ii) the competitive strength of o r market for the Software Products; or (iii) the Software Products cost efficiency or performance; or (b) to comply with applicable laws or regulations. CampMinder may modify or amend this Agreement at any time and will retain previous versions of the Agreement, as well as host the most current version, at http://campminder.pactsafe.io, where you may access details of modifications or amendments to this Agreement.
Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or made for legal reasons will be effective immediately. If you don’t agree to any modified or amended terms in the Agreement, you must stop using the Services. Your continued use of the Software Products after the effective date of any changes constitutes your agreement to follow and be bound by such changes.
C. TERM
This agreement has an initial term of one year, and it shall automatically renew each year on the anniversary of the Effective Date (the “Anniversary Date”) for successive one (1) year periods unless terminated by either party on written notice at least sixty (60) days prior to an Anniversary Date (the “Term”).
D. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Each of the parties irrevocably and unconditionally agrees that any legal proceeding arising under or in connection with this Agreement except those seeking injunctive relief shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Licensee has read and understood this Agreement and has consulted with an attorney to the extent Licensee has deemed advisable. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
E. TERMINATION
Upon any material breach by Licensee, including, but not limited to, any breach of the restrictions on Software Products use contained herein, CampMinder may terminate this Agreement and the license granted hereunder, or suspend CampMinder’s services to Licensee until such breach is cured. Termination or suspension will not be exclusive of any other remedy available under this Agreement or applicable law. Upon termination of this Agreement for any reason whatsoever, (i) the license granted Licensee shall immediately cease and terminate, (ii) Licensee shall immediately cease use of the Software Products and (iii) Licensee shall immediately make any payments due to CampMinder.
F. TRIAL PERIOD; REFUNDS
During the first ninety (90) days after the Effective Date (the “Trial Period”), Licensee may terminate this Agreement and receive a refund, upon notice to CampMinder specifying the circumstances with as much detail as practical. Except as described in this Section 2(f), the license fee is nonrefundable.
NOTWITHSTANDING SECTION 1.B OR ANYTHING TO THE CONTRARY CONTAINED HEREIN, DURING THE TRIAL PERIOD THE SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
If this Agreement is terminated by Licensee during the Trial Period, CampMinder shall refund in full the license fees paid under this Agreement. If this Agreement is terminated by CampMinder in accordance with Section 1.E, Licensee shall immediately pay any unpaid fees covering the remainder of the term of this Agreement. In no event will termination relieve Licensee of Licensee’s obligation to pay any fees payable to CampMinder for the period prior to the effective date of termination.
G. OUTAGES; ALTERNATIVE ACCESS
In the event of a failure or malfunction of the CampMinder site for a continuous period of sevety-two hours or more such that Licensee cannot access CampMinder for the purposes delineated herein (an “outage”), CampMinder will use commercially reasonable efforts to provide alternative access to the CampMinder System and Licensee Data. These steps may include, at CampMinder’s option, using a different Internet host, data center or bandwidth provider. Any delays or failure in performance by any party under this Agreement shall not be considered a breach of this Agreement if, and to the extent, caused by occurrences beyond the reasonable control of the party affected, including, but not limited to, acts of God, governmental restrictions, power outages, fire, flood, explosion or the like.
H. NOTICES
Any notices or other communications required or permitted hereunder shall be in writing and shall be sufficiently given if sent by overnight mail, registered mail or certified mail, postage prepaid, by facsimile (with receipt confirmed telephonically) or by hand, to the parties at the addresses set forth above or such other address as either party provides with reasonable advance notice.
I. SEVERABILITY
If any provision of this Agreement shall be held invalid, unenforceable or void, a suitable and equitable provision shall be substituted therefor in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
J. USE OF LICENSEE NAME
CampMinder shall be permitted to use Licensee’s name, and to generally disclose the services provided to Licensee hereunder, provided that CampMinder does not disclose any Confidential Information relating to Licensee or its operations.
K. MERCHANT PROCESSING; CREDIT CARD DATA
1. USE OF DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through CampMinder, then Licensee shall do so by entering into a separate agreement with either (i) CampMinder (or its affiliate or subsidiary) or (ii) the merchant processing partner designated by CampMinder, which agreement shall contain such terms and conditions as Licensee and either (i) CampMinder (or its affiliate or subsidiary) or (ii) such merchant processing partner agree upon from time to time. Fees charged by payment processing providers may change from time to time. Except for data collected through either (i) CampMinder (or its affiliate or subsidiary or) (ii) the merchant processing partner designated by CampMinder, Licensee shall not under any circumstances use the Software Products to collect or store credit card or bank account information of its users.
2. USE OF NON-DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through the Software Products but not through a merchant processing partner designated by CampMinder (“Non-Designated Processing Provider”), then Licensee may select such Non-Designated Processing Provider and process payments through such Non-Designated Processing Provider; provided Licensee enters into a separate agreement with such Non-Designated Processing Provider which agreement shall contain any and all such terms and conditions for the provision of credit card processing as Licensee and such Non-Designated Processing Provider agree upon from time to time. Except for data collected through the such Non-Designated Processing Provider, Licensee shall not under any circumstances use the Software Products to collect or store credit card or bank account information of its users.
In exchange for CampMinder permitting the Licensee to utilize the Software Products with a Non-Designated Processing Provider, Licensee shall pay CampMinder a convenience fee (“Convenience Fee”) of 0.20% of every dollar processed through the Non-Designated Processing Provider via the Software Products. At the end of each month, CampMinder will invoice Licensee the Convenience Fee as determined by the dollars processed through the Non-Designated Processing Provider each month. CampMinder reserves the right to increase the Convenience Fee in its sole discretion effective upon notice to Licensee.
During the term hereof, CampMinder agrees to maintain PCI Compliance to the extent required by law in order to provide the services described under this Section 2(K) of this Agreement.
l. COUNTERPARTS
This Agreement may be executed by facsimile, electronic signature, pdf or other electronic means in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument binding on the parties, notwithstanding that all the parties are not signatories to the original or the same counterpart.
SCHEDULE A
CAMPINTOUCH USER AGREEMENT
This CampInTouch User Agreement (this “Agreement”) located at https://campminder.pactsafe.io is a binding agreement between the user (“you”) and CampMinder, LLC, a Colorado limited liability company that furnishes certain services to the Camp, together with its affiliates and assignees (collectively “CampMinder” or “we” or “us”). This Agreement governs your use of the resources and services (including photo and email systems) provided through CampMinder’s web application for parents of campers (the “CampInTouch System”).
Terms of Use
IF YOU DO NOT AGREE WITH ALL OF THIS AGREEMENT AND THE CAMPMINDER PRIVACY POLICY (https://campminder.com/privacy-policy/), YOU ARE NOT AUTHORIZED TO ACCESS THE CAMPINTOUCH SYSTEM AND YOUR USE OF THE CAMPINTOUCH SYSTEM SHALL BE DEEMED ACCEPTANCE OF THESE TERMS AND THE CAMPMINDER PRIVACY POLICY. If you do not agree with this Agreement, or do not understand it, please exit the CampInTouch System immediately or terminate your account by calling us at 303-444-CAMP (2267).
Your use of the CampInTouch System will always be governed by this Agreement and the Privacy Policy posted at the time, whether you have reviewed them or not.
For any questions please contact us at 303-444-CAMP (2267).
SCHEDULE B
BACKGROUND SEARCH SERVICES
CampMinder may provide Licensee with the option of obtaining certain background check services selected from the options set forth in the applicable Software Product module from time to time (the “Services”). As a precondition to obtaining the Services, Licensee agrees to the terms and conditions set forth in (i) this Agreement including, in particular, this Schedule B and (ii) any “end user certification” and/or other documentation required by the background check fulfillment company that CampMinder retains from time to time to provide the Services (the “Background Check Provider”). For these Services, Licensee agrees to pay the amount specified in the "check out window" from time to time, plus any additional fees incurred as a result of an automatically triggered additional search, as described in the checkout process. The provisions of this Schedule B shall control in the event of any conflict with any other provision of this Agreement, including the Schedules thereto.
1. WARRANTY; DISCLAIMER OF WARRANTY.
CampMinder warrants that CampMinder will accurately communicate Licensee’s order to the Background Check Provider and will accurately communicate the results provided within seven (7) business days of receiving them from the Background Check Provider. The warranty set forth in this section will become void unless Licensee reports any deficiencies in the Services provided under this Schedule B to CampMinder in writing, within twenty-one (21) days after the performance of the Services.
CampMinder’s entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at CampMinder’s option, for CampMinder to correct such nonconformity by re-performance of the Services found to be deficient, or to refund the fees actually received by CampMinder with respect to the deficient Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO THE BACKGROUND CHECK PROVIDER FOR PERFORMANCE OF THE SERVICES. CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY SUCH BACKGROUND CHECK PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. FURTHER, BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
2. LIMITATION OF LIABILITY.
CAMPMINDER MAKES NO REPRESENTATION THAT THE INFORMATION RETRIEVED FROM GOVERNMENTAL AND OTHER DATABASES AND REPORTED TO LICENSEE IN CONNECTION WITH THE SERVICES IS TRUE, CORRECT OR COMPLETE.
Licensee acknowledges and agrees that it is Licensee’s exclusive responsibility to use the background search information provided by CampMinder or the Background Check Provider in accordance with all applicable employment and other laws and that CampMinder shall have no liability or responsibility related to or arising from Licensee’s illegal, unauthorized or improper use or disclosure of any background search information provided by CampMinder or the Background Check Provider to Licensee.
EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE OR INTERNATIONAL DATA PROTECTION LAWS, CAMPMINDER’S AGGREGATE LIABILITY FOR ANY COSTS OR DAMAGES ARISING FROM ANY FAILURE OF CAMPMINDER TO CORRECTLY PROVIDE THE RESULTS OF THE RELEVANT SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR SUCH SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM ARISING. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE LAWS, IN NO EVENT SHALL CAMPMINDER BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE BACKGROUND SEARCH SERVICES OR THE INFORMATION PROVIDED BY CAMPMINDER TO LICENSEE.
3. INDEMNIFICATION.
Licensee shall indemnify and hold harmless CampMinder, its affiliates and their respective owners, management, employees and agents from any liability, cost or expense (including attorney’s fees), directly or indirectly relating to any use or disclosure by Licensee or any of its directors, officers, employees, agents, or volunteers of any background search information provided by CampMinder to Licensee, and all losses, costs, damages, expenses and liabilities, including costs, penalties and attorney’s fees, incurred by each of them as a result of such third party claims.
SCHEDULE C
GENERAL SUPPORT AND CONSULTATION POLICIES
For the purpose of support and consultation, CampMinder divides the year into two periods:
Summer Season (May 1 – August 31)		Winter Season (September 1 – April 30)
CampMinder agrees to provide consultation by telephone and by CampMinder’s Electronic Ticketing System in accordance with the following:
Electronic Ticketing System Support – This is the primary and most efficient way to submit and track support issues. CampMinder strongly encourages Administrative Users to initiate all support requests through the Electronic Ticketing System. During the Summer Season, tickets are monitored 7 days a week from 7:00 a.m. to 5:00 p.m., Mountain Time. During the Winter Season, tickets are monitored Monday through Friday, from 7:00 a.m. to 5:00 p.m., Mountain Time.
Office Phone Support Hours - Monday through Friday, 7:00 a.m. to 5:00 p.m., Mountain Time.
Summer Season Emergency Support - Outside of CampMinder’s Office Phone Support Hours, CampMinder will use commercially reasonable efforts to provide Emergency Phone Support (“EPS”) 24 hours per day during the Summer Season. EPS is available by calling the CampMinder office after regular business hours and following the system prompts. The Camp may expect a timely return call from CampMinder’s on-call support member. CampMinder requests that EPS should be used with reasonable discretion. 	
National Holidays – CampMinder’s support office is closed on national holidays, with the exception of Memorial Day and Independence Day. CampMinder provides limited Electronic Ticketing System support between Christmas Eve and New Year’s Day.
Training
CampMinder provides one training session for each Software Product module licensed to Licensee hereunder at no additional cost and in accordance with the training policies and procedures set forth at https://campminder.pactsafe.io/ (“Training Policies and Procedures”). Training sessions are scheduled at mutually convenient times during Phone Support Hours. Each training session covers one or more specific Software Product module and shall be conducted in accordance with the Training Policies and Procedures. Licensee will designate one Administrative User to act as a single point of contact as a training coordinator (the “Specialist”) for the Licensee. The Specialist is obligated to ensure that all training sessions are attended by the Licensee organization member deemed most appropriate to receive the training on the Software Product module. The same Administrative User may act as the designated Licensee member for multiple Software Product modules. Licensee acknowledges and agrees that any additional trainings beyond the initial training per Software Product module or for which Licensee does not adhere to the Training Policies and Procedures shall be provided at a rate of $165 per hour with a one hour minimum and which rates are subject to change from time to time. Licensee may designate one or more replacement Specialists in writing from time to time. Licensee agrees that all questions pertaining to a Software Product module shall initially be routed to the Specialist assigned to that particular Software Product module prior to contacting CampMinder support.
Effective September 6th 2018 to October 1st 2018
DownloadTable of Contents
THIS MASTER LICENSE AGREEMENT ("AGREEMENT") GOVERNS YOUR USE OF AND ACCESS TO THE SERVICES PROVIDED BY CAMPMINDER, LLC, A COLORADO LIMITED LIABILITY COMPANY ("CAMPMINDER"), WHETHER IN CONNECTION WITH A SERVICE PLAN OR A FREE TRIAL OF THE SERVICES. This Agreement is effective as of the date you accept it (the “Effective Date”). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. You represent that you are at least 18 years of age.
OVERVIEW
CampMinder provides an online service that allows Authorized Users to submit input and obtain results using one or moe of CampMinder’s various Software Products using only a web browser and Internet connection. The intended use of the Software Products is to help manage and administer Licensee’s camp (the “Camp”).
DEFINITIONS
“Administrative User” shall mean an individual who is currently or proposed to be employed or retained by Licensee and designated by Licensee to manage and maintain the Licensee Data using CampMinder’s services.
"Authorized User" shall mean an individual who is either an Administrative User or a CampInTouch User.
“CampInTouch User” shall mean an individual who is a current, former or prospective staff member of Licensee, current or former camper of Licensee, or a parent, guest, legal guardian, or caregiver thereof, who is authorized under this Agreement to use the Software Products. No one other than an Authorized User may access and use the Software Products.
"CampMinder System" shall mean the CampMinder Software Products (including the Online Forms) developed, deployed and delivered by CampMinder, including, among other things, underlying software and applications.
“Confidential Information” means all trade secrets, business and financial information, software, machine and operator instructions, business methods, procedures, know-how, and other information that relates to the business or technology of either party and is marked or identified as confidential, or disclosed in circumstances that would lead a reasonable person to believe such information is confidential.
“Data Protection Law” means all federal, state, local and foreign laws, statutes, regulations, rules, and official guidance applicable to the protection of Personal Data under this Agreement in all relevant jurisdictions.
“Licensee Data” shall mean all data (including but not limited to Personal Data) imported into the CampMinder System or input into the CampMinder System by Authorized Users of the Software Products.
“Online Forms” shall mean the Software Products which permit CampInTouch Users to input data.
“Order Form” shall mean the CampMinder Order form that sets forth the Software Products, payment information and such other terms and conditions, attached hereto and incorporated herein by this reference, and shall be subject to and governed by the terms and conditions of this Agreement.
“Personal Data” means all information that CampMinder receives from Licensee or Authorized Users in the course of this Agreement that identifies or can be used to identify any specific individual or otherwise concerns the personal circumstances of an identified individual and accordingly is protected under Data Protection Law. Personal Data includes without limitation “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), “Personal Data” as defined in Regulation (EU) 2016/679 (together with any national implementations thereof, “GDPR”), and “personal information” as defined under the Massachusetts Standards for the Protection of Personal Data of Residents of the Commonwealth (201 CMR 17.01 et seq.).
“Software Products” shall refer to the then-current version (inclusive of any updates or modifications thereto) of those computer program modules and accompanying graphical user interfaces described in Order Form to this Agreement.
“Third Party Service” shall mean a third party (non CampMinder) product or service that interoperates with the Software Products and that Licensee or its Authorized Users may access in connection with using the Software Products, including by way of example and not limitation credit card processing or background check services.
TERMS AND CONDITIONS
1. GRANT OF LICENSES AND RELATED RIGHTS
A. SCOPE OF LICENSES
1. GENERALLY
During the Term, CampMinder grants to Licensee, and Licensee accepts, a non-exclusive, revocable, nontransferable, limited license on the terms set forth herein to access and use the Software Products only with the CampMinder modules specified by Licensee from among those listed in Order Form. Licensee shall prevent unauthorized access to or use of the Software Products, and notify CampMinder promptly of any such unauthorized access or use.
As between CampMinder and Licensee, all data input into the CampMinder System by an Authorized User is considered Licensee Data owned exclusively by Licensee. CampMinder acknowledges that Licensee Data is valuable property of Licensee, and CampMinder warrants that it will use commercially reasonable efforts to back-up Licensee’s data in accordance with CampMinder’s then current data backup policy. Licensee is solely responsible for the accuracy, quality and legality of Licensee Data and the means by which Licensee acquired the Licensee Data. Licensee may designate one or more Administrative Users who shall have limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that, except for the limited license expressly granted hereunder and the Licensee Data, all right, title, and interest in and to the Software Products and the associated applications and functionality of the Software Products are and shall remain CampMinder's sole and exclusive property, and that the Software Products shall not be used in any manner except as expressly permitted by this Agreement.
2. AUTHORIZED USERS
To access and use the Software Products, one must be an Authorized User. Licensee must protect and ensure the confidential nature of each Authorized User’s Login ID and password, as well as the Licensee Data and Licensee is solely responsible for the use of Each Authorized User’s Login ID and password. Licensee shall designate one or more Administrative Users and shall allow such Administrative Users limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that CampMinder intends to require each Authorized User to contractually agree to certain provisions as a precondition to use of the CampMinder System, which provisions may be modified and supplemented from time to time, including without limitation, the then-current version of the CampMinder Terms of Use (available at: https://campminder.com/terms-of-service/).
3. PROHIBITED ACTS
Licensee shall not, nor shall it permit any Authorized User or any other individual or entity to: (a) use or access the Software Products except as expressly permitted by this Agreement; (b) disassemble, decompile, or decrypt any applications, software, source code, or other computer language that provides or helps to provide functionality (including query results) in the Software Products, or that otherwise powers or comprises the Software Products; (c) remove, alter, cover, or obscure the copyright or other proprietary notices appearing in the Software Products; (d) alter, modify, or prepare derivative works based on any software or application accessible through the Software Products; (e) sell, license, rent or otherwise make available the Software Products or a Third Party Service to, or use any part of the Software Products or a Third Party Service for the benefit of, anyone other than Licensee or Authorized Users; (f) use the Software Products or a Third Party Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (g) use the Software Products or a Third Party Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; (h) interfere with or disrupt the integrity or performance of the Software Products or third-party data contained therein; (i) attempt to gain unauthorized access to the Software Products or its related systems; (j) access the Software Products in order to build a competitive service or to benchmark with a non-CampMinder service; or (k) reverse engineer the Software Products (to the extent such restriction is permitted by law).
B. CAMPMINDER'S WARRANTIES AND DISCLAIMERS
CampMinder warrants that the Software Products will perform substantially in accordance with the applicable documentation for the respective Software Products. THIS WARRANTY IS THE ONLY WARRANTY MADE BY CAMPMINDER WITH RESPECT TO THE CAMPMINDER SYSTEM OR THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CAMPMINDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. Further, the warranty set forth above: (a) is contingent upon Licensee’s proper use of the Software Products and compliance with the terms of this Agreement; (b) does not guarantee execution or operation of the Software Products without interruptions, bugs, or errors, or that all errors will be corrected; (C) DOES NOT COVER ANY BREACHES to the extent CAUSED BY THIRD PARTY HOSTING , INTERNET, or other third party SERVICE PROVIDERS outside the control of campminder; (D) does not apply to Licensee Data or to data (INCLUDING PERSONAL DATA) TO THE EXTENT THE input, output, accuracy, and/OR suitability OF which are made by, or under control of, Licensee or an Authorized User; (E) does not guarantee that the Software Products and/or the related applications will meet Licensee’s requirements or operate in the combinations Licensee may select or use; (F) is automatically and immediately void upon any material breach of this Agreement by Licensee or an Authorized User, or upon any access or use of the Software Products not permitted by this Agreement; and (G) will become void if the alleged breach is not duly reported to CampMinder within fifteen (15) days after Licensee becomes aware thereof. CAMPMINDER’S ENTIRE LIABILITY AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE, AT CAMPMINDER’S OPTION, FOR CAMPMINDER TO CORRECT SUCH NONCONFORMITY BY REPAIR, REPLACEMENT, RECONFIGURATION, OR SUITABLE WORKAROUND, OR TO TERMINATE THIS AGREEMENT AND REFUND THE PORTION OF THE LICENSE FEE ACTUALLY RECEIVED BY CAMPMINDER DIRECTLY RELATING TO THE NONCONFORMING SOFTWARE PRODUCTS IN THE PRIOR TWELVE (12) MONTH PERIOD TO THE CLAIM ARISING.
C. LIMITATION OF LIABILITY
IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT LICENSEE’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION BELOW. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO MAINTAIN A STORED BACKUP COPY OF LICENSEE’S DATA IN THE EVENT THAT THE SOFTWARE PRODUCTS ARE RENDERED UNAVAILABLE FOR ANY LENGTH OF TIME.
D. PAYMENT
Licensee shall pay CampMinder the amounts, and at the times, specified in Order Form for the license granted under Section 1(a)(1) hereof and other products and services that CampMinder may provide from time to time. The license fee may increase each year to account for inflation, development enhancements, increased costs of doing business, and otherwise; provided CampMinder provides you with at least thirty (30) days prior written notice (email sufficient). The parties acknowledge and agree that new products, new modules and new versions of the CampMinder System shall not be limited by the price increases more specifically described herein. All amounts billed by CampMinder are due within 30 days of the invoice date. CampMinder is hereby irrevocably authorized to withdraw the invoice amount from Licensee’s funds on or after the specified payment date, unless Licensee advises CampMinder in writing within ten days after receiving the invoice that such withdrawal is not authorized, setting forth the applicable reasons. Without limiting CampMinder’s other remedies, if any payment owed by Licensee is unpaid more than 30 days from the invoice date, CampMinder may (1) add late fees of 1.5% per month to the amount due, (2) accelerate Licensee’s fee obligations for the remaining term of this Agreement so that all such fees become immediately due and payable, and (3) suspend services to Licensee until such amounts are paid in full. BY PROVIDING THE FOREGOING AND SIGNING AND RETURNING THE AGREEMENT AND ASSOCIATED ONBOARDING INFORMATION, LICENSEE HEREBY AUTHORIZES CAMPMINDER TO WITHDRAW THE APPLICABLE AMOUNTS FROM LICENSEE’S CHECKING ACCOUNT IN ACCORDANCE WITH THIS AGREEMENT FROM THE EFFECTIVE DATE UNLESS LICENSEE ADVISES CAMPMINDER, IN WRITING WITHIN TEN (10) DAYS AFTER CAMPMINDER PROVIDES WRITTEN NOTICE OF ITS INTENT TO MAKE ANY SUCH WITHDRAWAL, THAT SUCH WITHDRAWAL IS NOT AUTHORIZED AND SETTING FORTH THE APPLICABLE REASONS
E. TRAINING; CONSULTATION
CampMinder agrees to provide consultation via telephone and via CampMinder’s electronic ticketing system regarding the use of the CampMinder System to Authorized Users, at the hours and in the manner, specified in Schedule C. CampMinder shall use commercially reasonable efforts to respond to Licensee’s requests for assistance with reasonable care and speed. Licensee acknowledges that delays in response time may result from time to time because, among other things, CampMinder requires additional information from Licensee in order to provide the information or resolution to address the Licensee request(s). Licensee also acknowledges that delays may result due to unforeseen technical and/or personnel problems encountered by CampMinder. If CampMinder determines that Licensee's requests for consultation are excessive in scope of hours, frequency of consultation, speed of resolution or otherwise, CampMinder shall notify Licensee and may, but has no obligation to, provide enhanced consultation at an additional fee in accordance with Order Form.
F. PROPRIETARY RIGHTS AND LICENSES
Subject to the limited rights expressly granted under this Agreement, CampMinder and its licensors reserve all right, title and interest in and to the Software Products, and in and to the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the CampMinder System, including all related intellectual property rights. No rights are granted to Licensee under this Agreement except as expressly set forth herein. Licensee grants to CampMinder, its affiliates and applicable contractors a world-wide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, distribute, reproduce, modify, and display the Licensee Data, as reasonably necessary for CampMinder to (i) provide the Software Products in accordance with this Agreement; (ii) evaluate and provide benchmarking, analytics and trends for Licensee and, on an aggregated basis, evaluate and provide trends, analytics, best practices, and benchmarking for CampMinder, third parties and its other customers; and (iii) improve the Software Products and associated services. Except for the limited license granted herein, no rights in Licensee Data are granted to CampMinder under this Agreement. Licensee grants to CampMinder and its affiliates a world-wide, royalty-free, perpetual, irrevocable, and non-exclusive license to use and incorporate into CampMinder’s and/or its affiliates’ services any suggestion, enhancement request, recommendation, correction or other feedback provided by Licensee or its Authorized Users relating to the operation of the Software Products or CampMinder’s services.
G. CONFIDENTIALITY
“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Licensee’s Confidential Information includes Licensee Data; CampMinder’s Confidential Information includes the Software Products; and Confidential Information of each party includes the terms of this Agreement (including pricing). Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) is received from a third party, or known to the Receiving Party prior to its disclosure by the Disclosing Party, without breach of any obligation owed to the Disclosing Party, or (c) was independently developed by the Receiving Party.
The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (and at least reasonable care) to (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
H. COMPLIANCE WITH LAWS AND REGULATIONS
Licensee shall comply with all applicable laws and regulations in connection with this Agreement including, without limitation, as to disclosure or use of all information and materials which CampMinder obtains on behalf of Licensee or Licensee’s campers, parents, staff and affiliated persons and entities.
I. PRIVACY AND DATA SECURITY
During the course of the Agreement, CampMinder may receive or have access to Personal Data of Licensee. CampMinder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for CampMinder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee.
In the event the Parties must enter into any agreement or additional provisions to maintain compliance with all applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to CampMinder, and will promptly advise CampMinder if Licensee becomes or provides any information subject to HIPAA.
CampMinder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by CampMinder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then CampMinder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
J. THIRD PARTY SERVICES
Licensee or its Authorized Users may use the Software Products to obtain one of more Third Party Services from the provider that CampMinder retains from time to time to provide that Third Party Service (a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants CampMinder permission to allow the Third Party Provider to access Licensee’s Data as required for the interoperation of that Third Party Service with the Software Products.
CampMinder does not guarantee or warrant the continued availability of any Software Products features designed to interoperate with Third Party Services. CampMinder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, if for example and without limitation, the Third Party Provider ceases to make the Third Party Service available for interoperation with the Software Products in a manner acceptable to CampMinder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by CampMinder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES. Without limiting the preceding sentence, CampMinder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider. Licensee shall comply with the terms of service of any Third Party Service with which Licensee uses the Software Products, and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES.
If Licensee elects to use any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or CampMinder to share Personal Data, which would specifically include biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
K. INDEMNIFICATION
Licensee shall indemnify, defend, and hold harmless CampMinder, its affiliates and their respective owners, management, employees, agents, successors and assigns from and against any liability, cost or expense (including attorney’s fees), arising out of or relating to any breach of this Agreement by Licensee or its Authorized Users.
2. MISCELLANEOUS
A. BINDING EFFECT; ASSIGNMENT
This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person, other than the parties hereto and the indemnified parties, any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement, and no other person shall be deemed a third-party beneficiary under or by reason of this Agreement. Licensee shall not sell, transfer, lease, assign, pledge, mortgage or otherwise dispose of any of the rights, privileges, duties, and obligations granted or imposed hereunder without CampMinder’s prior consent. Notwithstanding anything to the contrary contained herein, CampMinder may freely assign this Agreement to any affiliate or subsidiary or to a third party pursuant to any acquisition, merger or change of control of CampMinder.
B. ENTIRE AGREEMENT; SURVIVAL; AMENDMENT; WAIVER
This Agreement constitutes the entire agreement between CampMinder and Licensee and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter hereof expressly including any license agreement between the parties. The provisions of the following sections, and the applicable schedules referred to therein, will survive the termination or expiration of this Agreement for any reason: Section 1(a) (3), 1(c), 1(g), 1(h), 1(i), and Section 2 all except (c) and (f). Unless otherwise expressly provided in this Agreement, no delay or omission on the part of any party in exercising any right or privilege under this Agreement shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right under this Agreement operate as a waiver of any other right or privilege under this Agreement nor shall any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under this Agreement. Notwithstanding anything to the contrary contained herein, CampMinder reserves the right, in its sole discretion to make any changes to the Software Products or associated services (including Third Party Services) that it deems necessary or useful, including but not limited to: (a) maintain or enhance: (i) the quality or delivery of the Software Products to its customers; (ii) the competitive strength of o r market for the Software Products; or (iii) the Software Products cost efficiency or performance; or (b) to comply with applicable laws or regulations. CampMinder may modify or amend this Agreement at any time and will retain previous versions of the Agreement, as well as host the most current version, at http://campminder.pactsafe.io, where you may access details of modifications or amendments to this Agreement.
Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or made for legal reasons will be effective immediately. If you don’t agree to any modified or amended terms in the Agreement, you must stop using the Services. Your continued use of the Software Products after the effective date of any changes constitutes your agreement to follow and be bound by such changes.
C. TERM
This agreement has an initial term of one year, and it shall automatically renew each year on the anniversary of the Effective Date (the “Anniversary Date”) for successive one (1) year periods unless terminated by either party on written notice at least sixty (60) days prior to an Anniversary Date (the “Term”).
D. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Each of the parties irrevocably and unconditionally agrees that any legal proceeding arising under or in connection with this Agreement except those seeking injunctive relief shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Licensee has read and understood this Agreement and has consulted with an attorney to the extent Licensee has deemed advisable. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
E. TERMINATION
Upon any material breach by Licensee, including, but not limited to, any breach of the restrictions on Software Products use contained herein, CampMinder may terminate this Agreement and the license granted hereunder, or suspend CampMinder’s services to Licensee until such breach is cured. Termination or suspension will not be exclusive of any other remedy available under this Agreement or applicable law. Upon termination of this Agreement for any reason whatsoever, (i) the license granted Licensee shall immediately cease and terminate, (ii) Licensee shall immediately cease use of the Software Products and (iii) Licensee shall immediately make any payments due to CampMinder.
F. TRIAL PERIOD; REFUNDS
During the first ninety (90) days after the Effective Date (the “Trial Period”), Licensee may terminate this Agreement and receive a refund, upon notice to CampMinder specifying the circumstances with as much detail as practical. Except as described in this Section 2(f), the license fee is nonrefundable.
NOTWITHSTANDING SECTION 1.B OR ANYTHING TO THE CONTRARY CONTAINED HEREIN, DURING THE TRIAL PERIOD THE SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
If this Agreement is terminated by Licensee during the Trial Period, CampMinder shall refund in full the license fees paid under this Agreement. If this Agreement is terminated by CampMinder in accordance with Section 1.E, Licensee shall immediately pay any unpaid fees covering the remainder of the term of this Agreement. In no event will termination relieve Licensee of Licensee’s obligation to pay any fees payable to CampMinder for the period prior to the effective date of termination.
G. OUTAGES; ALTERNATIVE ACCESS
In the event of a failure or malfunction of the CampMinder site for a continuous period of sevety-two hours or more such that Licensee cannot access CampMinder for the purposes delineated herein (an “outage”), CampMinder will use commercially reasonable efforts to provide alternative access to the CampMinder System and Licensee Data. These steps may include, at CampMinder’s option, using a different Internet host, data center or bandwidth provider. Any delays or failure in performance by any party under this Agreement shall not be considered a breach of this Agreement if, and to the extent, caused by occurrences beyond the reasonable control of the party affected, including, but not limited to, acts of God, governmental restrictions, power outages, fire, flood, explosion or the like.
H. NOTICES
Any notices or other communications required or permitted hereunder shall be in writing and shall be sufficiently given if sent by overnight mail, registered mail or certified mail, postage prepaid, by facsimile (with receipt confirmed telephonically) or by hand, to the parties at the addresses set forth above or such other address as either party provides with reasonable advance notice.
I. SEVERABILITY
If any provision of this Agreement shall be held invalid, unenforceable or void, a suitable and equitable provision shall be substituted therefor in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
J. USE OF LICENSEE NAME
CampMinder shall be permitted to use Licensee’s name, and to generally disclose the services provided to Licensee hereunder, provided that CampMinder does not disclose any Confidential Information relating to Licensee or its operations.
K. MERCHANT PROCESSING; CREDIT CARD DATA
1. USE OF DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through CampMinder, then Licensee shall do so by entering into a separate agreement with either (i) CampMinder (or its affiliate or subsidiary) or (ii) the merchant processing partner designated by CampMinder, which agreement shall contain such terms and conditions as Licensee and either (i) CampMinder (or its affiliate or subsidiary) or (ii) such merchant processing partner agree upon from time to time. Fees charged by payment processing providers may change from time to time. Except for data collected through either (i) CampMinder (or its affiliate or subsidiary or) (ii) the merchant processing partner designated by CampMinder, Licensee shall not under any circumstances use the Software Products to collect or store credit card or bank account information of its users.
2. USE OF NON-DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through the Software Products but not through a merchant processing partner designated by CampMinder (“Non-Designated Processing Provider”), then Licensee may select such Non-Designated Processing Provider and process payments through such Non-Designated Processing Provider; provided Licensee enters into a separate agreement with such Non-Designated Processing Provider which agreement shall contain any and all such terms and conditions for the provision of credit card processing as Licensee and such Non-Designated Processing Provider agree upon from time to time. Except for data collected through the such Non-Designated Processing Provider, Licensee shall not under any circumstances use the Software Products to collect or store credit card or bank account information of its users.
In exchange for CampMinder permitting the Licensee to utilize the Software Products with a Non-Designated Processing Provider, Licensee shall pay CampMinder a convenience fee (“Convenience Fee”) of 0.20% of every dollar processed through the Non-Designated Processing Provider via the Software Products. At the end of each month, CampMinder will invoice Licensee the Convenience Fee as determined by the dollars processed through the Non-Designated Processing Provider each month. CampMinder reserves the right to increase the Convenience Fee in its sole discretion effective upon notice to Licensee.
l. COUNTERPARTS
This Agreement may be executed by facsimile, electronic signature, pdf or other electronic means in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument binding on the parties, notwithstanding that all the parties are not signatories to the original or the same counterpart.
SCHEDULE A
CAMPINTOUCH USER AGREEMENT
This CampInTouch User Agreement (this “Agreement”) located at https://campminder.pactsafe.io is a binding agreement between the user (“you”) and CampMinder, LLC, a Colorado limited liability company that furnishes certain services to the Camp, together with its affiliates and assignees (collectively “CampMinder” or “we” or “us”). This Agreement governs your use of the resources and services (including photo and email systems) provided through CampMinder’s web application for parents of campers (the “CampInTouch System”).
Terms of Use
IF YOU DO NOT AGREE WITH ALL OF THIS AGREEMENT AND THE CAMPMINDER PRIVACY POLICY (https://campminder.com/privacy-policy/), YOU ARE NOT AUTHORIZED TO ACCESS THE CAMPINTOUCH SYSTEM AND YOUR USE OF THE CAMPINTOUCH SYSTEM SHALL BE DEEMED ACCEPTANCE OF THESE TERMS AND THE CAMPMINDER PRIVACY POLICY. If you do not agree with this Agreement, or do not understand it, please exit the CampInTouch System immediately or terminate your account by calling us at 303-444-CAMP (2267).
Your use of the CampInTouch System will always be governed by this Agreement and the Privacy Policy posted at the time, whether you have reviewed them or not.
For any questions please contact us at 303-444-CAMP (2267).
SCHEDULE B
BACKGROUND SEARCH SERVICES
CampMinder may provide Licensee with the option of obtaining certain background check services selected from the options set forth in the applicable Software Product module from time to time (the “Services”). As a precondition to obtaining the Services, Licensee agrees to the terms and conditions set forth in (i) this Agreement including, in particular, this Schedule B and (ii) any “end user certification” and/or other documentation required by the background check fulfillment company that CampMinder retains from time to time to provide the Services (the “Background Check Provider”). For these Services, Licensee agrees to pay the amount specified in the "check out window" from time to time, plus any additional fees incurred as a result of an automatically triggered additional search, as described in the checkout process. The provisions of this Schedule B shall control in the event of any conflict with any other provision of this Agreement, including the Schedules thereto.
1. WARRANTY; DISCLAIMER OF WARRANTY.
CampMinder warrants that CampMinder will accurately communicate Licensee’s order to the Background Check Provider and will accurately communicate the results provided within seven (7) business days of receiving them from the Background Check Provider. The warranty set forth in this section will become void unless Licensee reports any deficiencies in the Services provided under this Schedule B to CampMinder in writing, within twenty-one (21) days after the performance of the Services.
CampMinder’s entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at CampMinder’s option, for CampMinder to correct such nonconformity by re-performance of the Services found to be deficient, or to refund the fees actually received by CampMinder with respect to the deficient Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO THE BACKGROUND CHECK PROVIDER FOR PERFORMANCE OF THE SERVICES. CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY SUCH BACKGROUND CHECK PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. FURTHER, BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
2. LIMITATION OF LIABILITY.
CAMPMINDER MAKES NO REPRESENTATION THAT THE INFORMATION RETRIEVED FROM GOVERNMENTAL AND OTHER DATABASES AND REPORTED TO LICENSEE IN CONNECTION WITH THE SERVICES IS TRUE, CORRECT OR COMPLETE.
Licensee acknowledges and agrees that it is Licensee’s exclusive responsibility to use the background search information provided by CampMinder or the Background Check Provider in accordance with all applicable employment and other laws and that CampMinder shall have no liability or responsibility related to or arising from Licensee’s illegal, unauthorized or improper use or disclosure of any background search information provided by CampMinder or the Background Check Provider to Licensee.
EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE OR INTERNATIONAL DATA PROTECTION LAWS, CAMPMINDER’S AGGREGATE LIABILITY FOR ANY COSTS OR DAMAGES ARISING FROM ANY FAILURE OF CAMPMINDER TO CORRECTLY PROVIDE THE RESULTS OF THE RELEVANT SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR SUCH SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM ARISING. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE LAWS, IN NO EVENT SHALL CAMPMINDER BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE BACKGROUND SEARCH SERVICES OR THE INFORMATION PROVIDED BY CAMPMINDER TO LICENSEE.
3. INDEMNIFICATION.
Licensee shall indemnify and hold harmless CampMinder, its affiliates and their respective owners, management, employees and agents from any liability, cost or expense (including attorney’s fees), directly or indirectly relating to any use or disclosure by Licensee or any of its directors, officers, employees, agents, or volunteers of any background search information provided by CampMinder to Licensee, and all losses, costs, damages, expenses and liabilities, including costs, penalties and attorney’s fees, incurred by each of them as a result of such third party claims.
SCHEDULE C
GENERAL SUPPORT AND CONSULTATION POLICIES
For the purpose of support and consultation, CampMinder divides the year into two periods:
Summer Season (May 1 – August 31)		Winter Season (September 1 – April 30)
CampMinder agrees to provide consultation by telephone and by CampMinder’s Electronic Ticketing System in accordance with the following:
Electronic Ticketing System Support – This is the primary and most efficient way to submit and track support issues. CampMinder strongly encourages Administrative Users to initiate all support requests through the Electronic Ticketing System. During the Summer Season, tickets are monitored 7 days a week from 7:00 a.m. to 5:00 p.m., Mountain Time. During the Winter Season, tickets are monitored Monday through Friday, from 7:00 a.m. to 5:00 p.m., Mountain Time.
Office Phone Support Hours - Monday through Friday, 7:00 a.m. to 5:00 p.m., Mountain Time.
Summer Season Emergency Support - Outside of CampMinder’s Office Phone Support Hours, CampMinder will use commercially reasonable efforts to provide Emergency Phone Support (“EPS”) 24 hours per day during the Summer Season. EPS is available by calling the CampMinder office after regular business hours and following the system prompts. The Camp may expect a timely return call from CampMinder’s on-call support member. CampMinder requests that EPS should be used with reasonable discretion. 	
National Holidays – CampMinder’s support office is closed on national holidays, with the exception of Memorial Day and Independence Day. CampMinder provides limited Electronic Ticketing System support between Christmas Eve and New Year’s Day.
Training
CampMinder provides one training session for each Software Product module licensed to Licensee hereunder at no additional cost and in accordance with the training policies and procedures set forth at https://campminder.pactsafe.io/ (“Training Policies and Procedures”). Training sessions are scheduled at mutually convenient times during Phone Support Hours. Each training session covers one or more specific Software Product module and shall be conducted in accordance with the Training Policies and Procedures. Licensee will designate one Administrative User to act as a single point of contact as a training coordinator (the “Specialist”) for the Licensee. The Specialist is obligated to ensure that all training sessions are attended by the Licensee organization member deemed most appropriate to receive the training on the Software Product module. The same Administrative User may act as the designated Licensee member for multiple Software Product modules. Licensee acknowledges and agrees that any additional trainings beyond the initial training per Software Product module or for which Licensee does not adhere to the Training Policies and Procedures shall be provided at a rate of $165 per hour with a one hour minimum and which rates are subject to change from time to time. Licensee may designate one or more replacement Specialists in writing from time to time. Licensee agrees that all questions pertaining to a Software Product module shall initially be routed to the Specialist assigned to that particular Software Product module prior to contacting CampMinder support.
Effective August 24th 2018 to September 6th 2018
DownloadTable of Contents
THIS MASTER LICENSE AGREEMENT ("AGREEMENT") GOVERNS YOUR USE OF AND ACCESS TO THE SERVICES PROVIDED BY CAMPMINDER, LLC , A COLORADO LIMITED LIABILITY COMPANY ("CAMPMINDER"), WHETHER IN CONNECTION WITH A SERVICE PLAN OR A FREE TRIAL OF THE SERVICES. This Agreement is effective as of the date you accept it (the “Effective Date”). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. You represent that you are at least 18 years of age.
OVERVIEW
CampMinder provides an online service that allows Authorized Users to submit input and obtain results using one or moe of CampMinder’s various Software Products using only a web browser and Internet connection. The intended use of the Software Products is to help manage and administer Licensee’s camp (the “Camp”).
DEFINITIONS
“Administrative User” shall mean an individual who is currently or proposed to be employed or retained by Licensee and designated by Licensee to manage and maintain the Licensee Data using CampMinder’s services.
"Authorized User" shall mean an individual who is either an Administrative User or a CampInTouch User.
“CampInTouch User” shall mean an individual who is a current, former or prospective staff member of Licensee, current or former camper of Licensee, or a parent, guest, legal guardian, or caregiver thereof, who is authorized under this Agreement to use the Software Products. No one other than an Authorized User may access and use the Software Products.
"CampMinder System" shall mean the CampMinder Software Products (including the Online Forms) developed, deployed and delivered by CampMinder, including, among other things, underlying software and applications.
“Confidential Information” means all trade secrets, business and financial information, software, machine and operator instructions, business methods, procedures, know-how, and other information that relates to the business or technology of either party and is marked or identified as confidential, or disclosed in circumstances that would lead a reasonable person to believe such information is confidential.
“Data Protection Law” means all federal, state, local and foreign laws, statutes, regulations, rules, and official guidance applicable to the protection of Personal Data under this Agreement in all relevant jurisdictions.
“Licensee Data” shall mean all data (including but not limited to Personal Data) imported into the CampMinder System or input into the CampMinder System by Authorized Users of the Software Products.
“Online Forms” shall mean the Software Products which permit CampInTouch Users to input data.
“Order Form” shall mean the CampMinder Order form that sets forth the Software Products, payment information and such other terms and conditions, attached hereto and incorporated herein by this reference, and shall be subject to and governed by the terms and conditions of this Agreement.
“Personal Data” means all information that CampMinder receives from Licensee or Authorized Users in the course of this Agreement that identifies or can be used to identify any specific individual or otherwise concerns the personal circumstances of an identified individual and accordingly is protected under Data Protection Law. Personal Data includes without limitation “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), “Personal Data” as defined in Regulation (EU) 2016/679 (together with any national implementations thereof, “GDPR”), and “personal information” as defined under the Massachusetts Standards for the Protection of Personal Data of Residents of the Commonwealth (201 CMR 17.01 et seq.).
“Software Products” shall refer to the then-current version (inclusive of any updates or modifications thereto) of those computer program modules and accompanying graphical user interfaces described in Order Form to this Agreement.
“Third Party Service” shall mean a third party (non CampMinder) product or service that interoperates with the Software Products and that Licensee or its Authorized Users may access in connection with using the Software Products, including by way of example and not limitation credit card processing or background check services.
TERMS AND CONDITIONS
1. GRANT OF LICENSES AND RELATED RIGHTS
A. SCOPE OF LICENSES
1. GENERALLY
During the Term, CampMinder grants to Licensee, and Licensee accepts, a non-exclusive, revocable, nontransferable, limited license on the terms set forth herein to access and use the Software Products only with the CampMinder modules specified by Licensee from among those listed in Order Form. Licensee shall prevent unauthorized access to or use of the Software Products, and notify CampMinder promptly of any such unauthorized access or use.
As between CampMinder and Licensee, all data input into the CampMinder System by an Authorized User is considered Licensee Data owned exclusively by Licensee. CampMinder acknowledges that Licensee Data is valuable property of Licensee, and CampMinder warrants that it will use commercially reasonable efforts to back-up Licensee’s data in accordance with CampMinder’s then current data backup policy. Licensee is solely responsible for the accuracy, quality and legality of Licensee Data and the means by which Licensee acquired the Licensee Data. Licensee may designate one or more Administrative Users who shall have limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that, except for the limited license expressly granted hereunder and the Licensee Data, all right, title, and interest in and to the Software Products and the associated applications and functionality of the Software Products are and shall remain CampMinder's sole and exclusive property, and that the Software Products shall not be used in any manner except as expressly permitted by this Agreement.
2. AUTHORIZED USERS
To access and use the Software Products, one must be an Authorized User. Licensee must protect and ensure the confidential nature of each Authorized User’s Login ID and password, as well as the Licensee Data and Licensee is solely responsible for the use of Each Authorized User’s Login ID and password. Licensee shall designate one or more Administrative Users and shall allow such Administrative Users limited access to the Licensee Data on a need-to-know basis. Licensee is solely responsible for the actions and omissions of each Administrative User including, among other things, designating the Software Products to which such individual has access and restricting his or her use and disclosure of Confidential Information. Licensee acknowledges that CampMinder intends to require each Authorized User to contractually agree to certain provisions as a precondition to use of the CampMinder System, which provisions may be modified and supplemented from time to time, including without limitation, the then-current version of the CampMinder Terms of Use (available at: https://campminder.com/terms-of-service/).
3. PROHIBITED ACTS
Licensee shall not, nor shall it permit any Authorized User or any other individual or entity to: (a) use or access the Software Products except as expressly permitted by this Agreement; (b) disassemble, decompile, or decrypt any applications, software, source code, or other computer language that provides or helps to provide functionality (including query results) in the Software Products, or that otherwise powers or comprises the Software Products; (c) remove, alter, cover, or obscure the copyright or other proprietary notices appearing in the Software Products; (d) alter, modify, or prepare derivative works based on any software or application accessible through the Software Products; (e) sell, license, rent or otherwise make available the Software Products or a Third Party Service to, or use any part of the Software Products or a Third Party Service for the benefit of, anyone other than Licensee or Authorized Users; (f) use the Software Products or a Third Party Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (g) use the Software Products or a Third Party Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; (h) interfere with or disrupt the integrity or performance of the Software Products or third-party data contained therein; (i) attempt to gain unauthorized access to the Software Products or its related systems; (j) access the Software Products in order to build a competitive service or to benchmark with a non-CampMinder service; or (k) reverse engineer the Software Products (to the extent such restriction is permitted by law).
B. CAMPMINDER'S WARRANTIES AND DISCLAIMERS
CampMinder warrants that the Software Products will perform substantially in accordance with the applicable documentation for the respective Software Products. THIS WARRANTY IS THE ONLY WARRANTY MADE BY CAMPMINDER WITH RESPECT TO THE CAMPMINDER SYSTEM OR THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CAMPMINDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. Further, the warranty set forth above: (a) is contingent upon Licensee’s proper use of the Software Products and compliance with the terms of this Agreement; (b) does not guarantee execution or operation of the Software Products without interruptions, bugs, or errors, or that all errors will be corrected; (C) DOES NOT COVER ANY BREACHES to the extent CAUSED BY THIRD PARTY HOSTING , INTERNET, or other third party SERVICE PROVIDERS outside the control of campminder; (D) does not apply to Licensee Data or to data (INCLUDING PERSONAL DATA) TO THE EXTENT THE input, output, accuracy, and/OR suitability OF which are made by, or under control of, Licensee or an Authorized User; (E) does not guarantee that the Software Products and/or the related applications will meet Licensee’s requirements or operate in the combinations Licensee may select or use; (F) is automatically and immediately void upon any material breach of this Agreement by Licensee or an Authorized User, or upon any access or use of the Software Products not permitted by this Agreement; and (G) will become void if the alleged breach is not duly reported to CampMinder within fifteen (15) days after Licensee becomes aware thereof. CAMPMINDER’S ENTIRE LIABILITY AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE, AT CAMPMINDER’S OPTION, FOR CAMPMINDER TO CORRECT SUCH NONCONFORMITY BY REPAIR, REPLACEMENT, RECONFIGURATION, OR SUITABLE WORKAROUND, OR TO TERMINATE THIS AGREEMENT AND REFUND THE PORTION OF THE LICENSE FEE ACTUALLY RECEIVED BY CAMPMINDER DIRECTLY RELATING TO THE NONCONFORMING SOFTWARE PRODUCTS IN THE PRIOR TWELVE (12) MONTH PERIOD TO THE CLAIM ARISING.
C. LIMITATION OF LIABILITY
IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. EXCEPT LIABILITIES ARISING FROM LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT LICENSEE’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” SECTION BELOW. IT IS THE SOLE RESPONSIBILITY OF LICENSEE TO MAINTAIN A STORED BACKUP COPY OF LICENSEE’S DATA IN THE EVENT THAT THE SOFTWARE PRODUCTS ARE RENDERED UNAVAILABLE FOR ANY LENGTH OF TIME.
D. PAYMENT
Licensee shall pay CampMinder the amounts, and at the times, specified in Order Form for the license granted under Section 1(a)(1) hereof and other products and services that CampMinder may provide from time to time. The license fee may increase each year to account for inflation, development enhancements, increased costs of doing business, and otherwise; provided CampMinder provides you with at least thirty (30) days prior written notice (email sufficient). The parties acknowledge and agree that new products, new modules and new versions of the CampMinder System shall not be limited by the price increases more specifically described herein. All amounts billed by CampMinder are due within 30 days of the invoice date. CampMinder is hereby irrevocably authorized to withdraw the invoice amount from Licensee’s funds on or after the specified payment date, unless Licensee advises CampMinder in writing within ten days after receiving the invoice that such withdrawal is not authorized, setting forth the applicable reasons. Without limiting CampMinder’s other remedies, if any payment owed by Licensee is unpaid more than 30 days from the invoice date, CampMinder may (1) add late fees of 1.5% per month to the amount due, (2) accelerate Licensee’s fee obligations for the remaining term of this Agreement so that all such fees become immediately due and payable, and (3) suspend services to Licensee until such amounts are paid in full. BY PROVIDING THE FOREGOING AND SIGNING AND RETURNING THE AGREEMENT AND ASSOCIATED ONBOARDING INFORMATION, LICENSEE HEREBY AUTHORIZES CAMPMINDER TO WITHDRAW THE APPLICABLE AMOUNTS FROM LICENSEE’S CHECKING ACCOUNT IN ACCORDANCE WITH THIS AGREEMENT FROM THE EFFECTIVE DATE UNLESS LICENSEE ADVISES CAMPMINDER, IN WRITING WITHIN TEN (10) DAYS AFTER CAMPMINDER PROVIDES WRITTEN NOTICE OF ITS INTENT TO MAKE ANY SUCH WITHDRAWAL, THAT SUCH WITHDRAWAL IS NOT AUTHORIZED AND SETTING FORTH THE APPLICABLE REASONS
E. TRAINING; CONSULTATION
CampMinder agrees to provide consultation via telephone and via CampMinder’s electronic ticketing system regarding the use of the CampMinder System to Authorized Users, at the hours and in the manner, specified in Schedule C. CampMinder shall use commercially reasonable efforts to respond to Licensee’s requests for assistance with reasonable care and speed. Licensee acknowledges that delays in response time may result from time to time because, among other things, CampMinder requires additional information from Licensee in order to provide the information or resolution to address the Licensee request(s). Licensee also acknowledges that delays may result due to unforeseen technical and/or personnel problems encountered by CampMinder. If CampMinder determines that Licensee's requests for consultation are excessive in scope of hours, frequency of consultation, speed of resolution or otherwise, CampMinder shall notify Licensee and may, but has no obligation to, provide enhanced consultation at an additional fee in accordance with Order Form.
F. PROPRIETARY RIGHTS AND LICENSES
Subject to the limited rights expressly granted under this Agreement, CampMinder and its licensors reserve all right, title and interest in and to the Software Products, and in and to the trademarks, trade names, copyrights, patents, graphics, text and other material appearing on the CampMinder System, including all related intellectual property rights. No rights are granted to Licensee under this Agreement except as expressly set forth herein. Licensee grants to CampMinder, its affiliates and applicable contractors a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use, distribute, reproduce, modify, and display the Licensee Data, as reasonably necessary for CampMinder to (i) provide the Software Products in accordance with this Agreement; (ii) evaluate and provide benchmarking, analytics and trends for Licensee and, on an aggregated basis, evaluate and provide trends, analytics, best practices, and benchmarking for CampMinder, third parties and its other customers; and (iii) improve the Software Products and associated services. Except for the limited license granted herein, no rights in Licensee Data are granted to CampMinder under this Agreement. Licensee grants to CampMinder and its affiliates a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use and incorporate into CampMinder’s and/or its affiliates’ services any suggestion, enhancement request, recommendation, correction or other feedback provided by Licensee or its Authorized Users relating to the operation of the Software Products or CampMinder’s services.
G. CONFIDENTIALITY
“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Licensee’s Confidential Information includes Licensee Data; CampMinder’s Confidential Information includes the Software Products; and Confidential Information of each party includes the terms of this Agreement (including pricing). Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) is received from a third party, or known to the Receiving Party prior to its disclosure by the Disclosing Party, without breach of any obligation owed to the Disclosing Party, or (c) was independently developed by the Receiving Party.
The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (and at least reasonable care) to (a) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
H. COMPLIANCE WITH LAWS AND REGULATIONS
Licensee shall comply with all applicable laws and regulations in connection with this Agreement including, without limitation, as to disclosure or use of all information and materials which CampMinder obtains on behalf of Licensee or Licensee’s campers, parents, staff and affiliated persons and entities.
I. PRIVACY AND DATA SECURITY
During the course of the Agreement, CampMinder may receive or have access to Personal Data of Licensee. CampMinder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for CampMinder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee.
In the event the Parties must enter into any agreement or additional provisions to maintain compliance with all applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to CampMinder, and will promptly advise CampMinder if Licensee becomes or provides any information subject to HIPAA.
CampMinder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by CampMinder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then CampMinder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
J. THIRD PARTY SERVICES
Licensee or its Authorized Users may use the Software Products to obtain one of more Third Party Services from the provider that CampMinder retains from time to time to provide that Third Party Service (a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants CampMinder permission to allow the Third Party Provider to access Licensee’s Data as required for the interoperation of that Third Party Service with the Software Products.
CampMinder does not guarantee or warrant the continued availability of any Software Products features designed to interoperate with Third Party Services. CampMinder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, if for example and without limitation, the Third Party Provider ceases to make the Third Party Service available for interoperation with the Software Products in a manner acceptable to CampMinder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by CampMinder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES. Without limiting the preceding sentence, CampMinder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider. Licensee shall comply with the terms of service of any Third Party Service with which Licensee uses the Software Products, and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES.
If Licensee elects to use any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or CampMinder to share Personal Data, which would specifically include biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
K. INDEMNIFICATION
Licensee shall indemnify, defend, and hold harmless CampMinder, its affiliates and their respective owners, management, employees, agents, successors and assigns from and against any liability, cost or expense (including attorney’s fees), arising out of or relating to any breach of this Agreement by Licensee or its Authorized Users.
2. MISCELLANEOUS
A. BINDING EFFECT; ASSIGNMENT
This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person, other than the parties hereto and the indemnified parties, any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement, and no other person shall be deemed a third-party beneficiary under or by reason of this Agreement. Licensee shall not sell, transfer, lease, assign, pledge, mortgage or otherwise dispose of any of the rights, privileges, duties, and obligations granted or imposed hereunder without CampMinder’s prior consent. Notwithstanding anything to the contrary contained herein, CampMinder may freely assign this Agreement to any affiliate or subsidiary or to a third party pursuant to any acquisition, merger or change of control of CampMinder.
B. ENTIRE AGREEMENT; SURVIVAL; AMENDMENT; WAIVER
This Agreement constitutes the entire agreement between CampMinder and Licensee and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter hereof expressly including any license agreement between the parties. The provisions of the following sections, and the applicable schedules referred to therein, will survive the termination or expiration of this Agreement for any reason: Section 1(a) (3), 1(c), 1(g), 1(h), 1(i), and Section 2 all except (c) and (f). Unless otherwise expressly provided in this Agreement, no delay or omission on the part of any party in exercising any right or privilege under this Agreement shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right under this Agreement operate as a waiver of any other right or privilege under this Agreement nor shall any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under this Agreement. Notwithstanding anything to the contrary contained herein, CampMinder reserves the right, in its sole discretion to make any changes to the Software Products or associated services (including Third Party Services) that it deems necessary or useful, including but not limited to: (a) maintain or enhance: (i) the quality or delivery of the Software Products to its customers; (ii) the competitive strength of or market for the Software Products; or (iii) the Software Products cost efficiency or performance; or (b) to comply with applicable laws or regulations. CampMinder may modify or amend this Agreement at any time and will post access to details of any modifications or amendments to this Agreement on the homepage of our website at [https://campminder.com/___]. Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or made for legal reasons will be effective immediately. If you don’t agree to any modified or amended terms in the Agreement, you must stop using the Services. Your continued use of the Software Products after the effective date of any changes constitutes your agreement to follow and be bound by such changes.
C. TERM
This agreement has an initial term of one year, and it shall automatically renew each year on the anniversary of the Effective Date (the “Anniversary Date”) for successive one (1) year periods unless terminated by either party on written notice at least sixty (60) days prior to an Anniversary Date (the “Term”).
D. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Each of the parties irrevocably and unconditionally agrees that any legal proceeding arising under or in connection with this Agreement except those seeking injunctive relief shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Licensee has read and understood this Agreement and has consulted with an attorney to the extent Licensee has deemed advisable. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
E. TERMINATION
Upon any material breach by Licensee, including, but not limited to, any breach of the restrictions on Software Products use contained herein, CampMinder may terminate this Agreement and the license granted hereunder, or suspend CampMinder’s services to Licensee until such breach is cured. Termination or suspension will not be exclusive of any other remedy available under this Agreement or applicable law. Upon termination of this Agreement for any reason whatsoever, (i) the license granted Licensee shall immediately cease and terminate, (ii) Licensee shall immediately cease use of the Software Products and (iii) Licensee shall immediately make any payments due to CampMinder.
F. TRIAL PERIOD; REFUNDS
During the first ninety (90) days after the Effective Date (the “Trial Period”), Licensee may terminate this Agreement and receive a refund, upon notice to CampMinder specifying the circumstances with as much detail as practical. Except as described in this Section 2(f), the license fee is nonrefundable.
NOTWITHSTANDING SECTION 1.B OR ANYTHING TO THE CONTRARY CONTAINED HEREIN, DURING THE TRIAL PERIOD THE SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
If this Agreement is terminated by Licensee during the Trial Period, CampMinder shall refund in full the license fees paid under this Agreement. If this Agreement is terminated by CampMinder in accordance with Section 1.E, Licensee shall immediately pay any unpaid fees covering the remainder of the term of this Agreement. In no event will termination relieve Licensee of Licensee’s obligation to pay any fees payable to CampMinder for the period prior to the effective date of termination.
G. OUTAGES; ALTERNATIVE ACCESS
In the event of a failure or malfunction of the CampMinder site for a continuous period of sevety-two hours or more such that Licensee cannot access CampMinder for the purposes delineated herein (an “outage”), CampMinder will use commercially reasonable efforts to provide alternative access to the CampMinder System and Licensee Data. These steps may include, at CampMinder’s option, using a different Internet host, data center or bandwidth provider. Any delays or failure in performance by any party under this Agreement shall not be considered a breach of this Agreement if, and to the extent, caused by occurrences beyond the reasonable control of the party affected, including, but not limited to, acts of God, governmental restrictions, power outages, fire, flood, explosion or the like.
H. NOTICES
Any notices or other communications required or permitted hereunder shall be in writing and shall be sufficiently given if sent by overnight mail, registered mail or certified mail, postage prepaid, by facsimile (with receipt confirmed telephonically) or by hand, to the parties at the addresses set forth above or such other address as either party provides with reasonable advance notice.
I. SEVERABILITY
If any provision of this Agreement shall be held invalid, unenforceable or void, a suitable and equitable provision shall be substituted therefor in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
J. USE OF LICENSEE NAME
CampMinder shall be permitted to use Licensee’s name, and to generally disclose the services provided to Licensee hereunder, provided that CampMinder does not disclose any Confidential Information relating to Licensee or its operations.
K. MERCHANT PROCESSING; CREDIT CARD DATA
1. USE OF DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through CampMinder, then Licensee shall do so by entering into a separate agreement with either (i) CampMinder (or its affiliate or subsidiary) or (ii) the merchant processing partner designated by CampMinder, which agreement shall contain such terms and conditions as Licensee and either (i) CampMinder (or its affiliate or subsidiary) or (ii) such merchant processing partner agree upon from time to time. Fees charged by payment processing providers may change from time to time. Except for data collected through either (i) CampMinder (or its affiliate or subsidiary or) (ii) the merchant processing partner designated by CampMinder, Licensee shall not under any circumstances use the Software Products to collect or store credit card or bank account information of its users.
2. USE OF NON-DESIGNATED MERCHANT PROCESSING PARTNER
If Licensee elects to process credit card payments or ACH e-check payments through the Software Products but not through a merchant processing partner designated by CampMinder (“Non-Designated Processing Provider”), then Licensee may select such Non-Designated Processing Provider and process payments through such Non-Designated Processing Provider; provided Licensee enters into a separate agreement with such Non-Designated Processing Provider which agreement shall contain any and all such terms and conditions for the provision of credit card processing as Licensee and such Non-Designated Processing Provider agree upon from time to time. Except for data collected through the such Non-Designated Processing Provider, Licensee shall not under any circumstances use the Software Products to collect or store credit card or bank account information of its users.
In exchange for CampMinder permitting the Licensee to utilize the Software Products with a Non-Designated Processing Provider, Licensee shall pay CampMinder a convenience fee (“Convenience Fee”) of 0.20% of every dollar processed through the Non-Designated Processing Provider via the Software Products. At the end of each month, CampMinder will invoice Licensee the Convenience Fee as determined by the dollars processed through the Non-Designated Processing Provider each month. CampMinder reserves the right to increase the Convenience Fee in its sole discretion effective upon notice to Licensee.
l. COUNTERPARTS
This Agreement may be executed by facsimile, electronic signature, pdf or other electronic means in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument binding on the parties, notwithstanding that all the parties are not signatories to the original or the same counterpart.
SCHEDULE A
CAMPINTOUCH USER AGREEMENT
This CampInTouch User Agreement (this “Agreement”) located at [https://campminder.com/___] is a binding agreement between the user (“you”) and CampMinder, LLC, a Colorado limited liability company that furnishes certain services to the Camp, together with its affiliates and assignees (collectively “CampMinder” or “we” or “us”). This Agreement governs your use of the resources and services (including photo and email systems) provided through CampMinder’s web application for parents of campers (the “CampInTouch System”).
Terms of Use
IF YOU DO NOT AGREE WITH ALL OF THIS AGREEMENT AND THE CAMPMINDER PRIVACY POLICY (https://campminder.com/privacy-policy/), YOU ARE NOT AUTHORIZED TO ACCESS THE CAMPINTOUCH SYSTEM AND YOUR USE OF THE CAMPINTOUCH SYSTEM SHALL BE DEEMED ACCEPTANCE OF THESE TERMS AND THE CAMPMINDER PRIVACY POLICY. If you do not agree with this Agreement, or do not understand it, please exit the CampInTouch System immediately or terminate your account by calling us at 303-444-CAMP (2267).
Your use of the CampInTouch System will always be governed by this Agreement and the Privacy Policy posted at the time, whether you have reviewed them or not.
For any questions please contact us at 303-444-CAMP (2267).
SCHEDULE B
BACKGROUND SEARCH SERVICES
CampMinder may provide Licensee with the option of obtaining certain background check services selected from the options set forth in the applicable Software Product module from time to time (the “Services”). As a precondition to obtaining the Services, Licensee agrees to the terms and conditions set forth in (i) this Agreement including, in particular, this Schedule B and (ii) any “end user certification” and/or other documentation required by the background check fulfillment company that CampMinder retains from time to time to provide the Services (the “Background Check Provider”). For these Services, Licensee agrees to pay the amount specified in the "check out window" from time to time, plus any additional fees incurred as a result of an automatically triggered additional search, as described in the checkout process. The provisions of this Schedule B shall control in the event of any conflict with any other provision of this Agreement, including the Schedules thereto.
1. WARRANTY; DISCLAIMER OF WARRANTY.
CampMinder warrants that CampMinder will accurately communicate Licensee’s order to the Background Check Provider and will accurately communicate the results provided within seven (7) business days of receiving them from the Background Check Provider. The warranty set forth in this section will become void unless Licensee reports any deficiencies in the Services provided under this Schedule B to CampMinder in writing, within twenty-one (21) days after the performance of the Services.
CampMinder’s entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at CampMinder’s option, for CampMinder to correct such nonconformity by re-performance of the Services found to be deficient, or to refund the fees actually received by CampMinder with respect to the deficient Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO THE BACKGROUND CHECK PROVIDER FOR PERFORMANCE OF THE SERVICES. CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY SUCH BACKGROUND CHECK PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. FURTHER, BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE BACKGROUND CHECK PROVIDER SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
2. LIMITATION OF LIABILITY.
CAMPMINDER MAKES NO REPRESENTATION THAT THE INFORMATION RETRIEVED FROM GOVERNMENTAL AND OTHER DATABASES AND REPORTED TO LICENSEE IN CONNECTION WITH THE SERVICES IS TRUE, CORRECT OR COMPLETE.
Licensee acknowledges and agrees that it is Licensee’s exclusive responsibility to use the background search information provided by CampMinder or the Background Check Provider in accordance with all applicable employment and other laws and that CampMinder shall have no liability or responsibility related to or arising from Licensee’s illegal, unauthorized or improper use or disclosure of any background search information provided by CampMinder or the Background Check Provider to Licensee.
EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE OR INTERNATIONAL DATA PROTECTION LAWS, CAMPMINDER’S AGGREGATE LIABILITY FOR ANY COSTS OR DAMAGES ARISING FROM ANY FAILURE OF CAMPMINDER TO CORRECTLY PROVIDE THE RESULTS OF THE RELEVANT SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR SUCH SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM ARISING. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE FEDERAL FAIR CREDIT REPORTING ACT (AS AMENDED) AND SIMILAR STATE LAWS, IN NO EVENT SHALL CAMPMINDER BE LIABLE FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE BACKGROUND SEARCH SERVICES OR THE INFORMATION PROVIDED BY CAMPMINDER TO LICENSEE.
3. INDEMNIFICATION.
Licensee shall indemnify and hold harmless CampMinder, its affiliates and their respective owners, management, employees and agents from any liability, cost or expense (including attorney’s fees), directly or indirectly relating to any use or disclosure by Licensee or any of its directors, officers, employees, agents, or volunteers of any background search information provided by CampMinder to Licensee, and all losses, costs, damages, expenses and liabilities, including costs, penalties and attorney’s fees, incurred by each of them as a result of such third party claims.
SCHEDULE C
GENERAL SUPPORT AND CONSULTATION POLICIES
For the purpose of support and consultation, CampMinder divides the year into two periods:
Summer Season (May 1 – August 31)		Winter Season (September 1 – April 30)
CampMinder agrees to provide consultation by telephone and by CampMinder’s Electronic Ticketing System in accordance with the following:
Electronic Ticketing System Support – This is the primary and most efficient way to submit and track support issues. CampMinder strongly encourages Administrative Users to initiate all support requests through the Electronic Ticketing System. During the Summer Season, tickets are monitored 7 days a week from 7:00 a.m. to 5:00 p.m., Mountain Time. During the Winter Season, tickets are monitored Monday through Friday, from 7:00 a.m. to 5:00 p.m., Mountain Time.
Office Phone Support Hours - Monday through Friday, 7:00 a.m. to 5:00 p.m., Mountain Time.
Summer Season Emergency Support - Outside of CampMinder’s Office Phone Support Hours, CampMinder will use commercially reasonable efforts to provide Emergency Phone Support (“EPS”) 24 hours per day during the Summer Season. EPS is available by calling the CampMinder office after regular business hours and following the system prompts. The Camp may expect a timely return call from CampMinder’s on-call support member. CampMinder requests that EPS should be used with reasonable discretion. 	
National Holidays – CampMinder’s support office is closed on national holidays, with the exception of Memorial Day and Independence Day. CampMinder provides limited Electronic Ticketing System support between Christmas Eve and New Year’s Day.
Training
CampMinder provides one training session for each Software Product module licensed to Licensee hereunder at no additional cost and in accordance with the training policies and procedures set forth at https://agreements.campminder.com (“Training Policies and Procedures”). Training sessions are scheduled at mutually convenient times during Phone Support Hours. Each training session covers one or more specific Software Product module and shall be conducted in accordance with the Training Policies and Procedures. Licensee will designate one Administrative User to act as a single point of contact as a training coordinator (the “Specialist”) for the Licensee. The Specialist is obligated to ensure that all training sessions are attended by the Licensee organization member deemed most appropriate to receive the training on the Software Product module. The same Administrative User may act as the designated Licensee member for multiple Software Product modules. Licensee acknowledges and agrees that any additional trainings beyond the initial training per Software Product module or for which Licensee does not adhere to the Training Policies and Procedures shall be provided at a rate of $165 per hour with a one hour minimum and which rates are subject to change from time to time. Licensee may designate one or more replacement Specialists in writing from time to time. Licensee agrees that all questions pertaining to a Software Product module shall initially be routed to the Specialist assigned to that particular Software Product module prior to contacting CampMinder support.
Training Policies and Procedures
Effective September 6th 2018
DownloadTable of Contents
TRAINING POLICIES AND PROCEDURES
CampMinder's Onboarding and Training process is designed to make you as successful as possible in your partnership with CampMinder. This process has been refined through training over 800 camps and is built on best practices we've learned along the way. We are, however, excited to learn how to better meet our clients' needs - so please give us feedback along the way to enable us to continually improve this process.
GOALS OF ONBOARDING & TRAINING
- To establish your goals and desired outcomes in partnering with CampMinder
- To establish a mutual understanding between you and CampMinder of what it looks like to achieve success
- To implement the CampMinder software to best meet your needs
- For your camp to gain a strong understanding of the key modules of CampMinder in order to not only use them effectively, but also teach your team how to do so
- For you to gain a strong understanding of the various contacts within CampMinder and who to reach out to for a given need
KEY POINTS
- Typical onboarding process lasts from 2 - 8 weeks
- Training sessions will typically occur 2 - 3 times a week during onboarding; any request of higher frequency will be at the discretion of the CampMinder Client Success Manager (CSM), depending on factors such as availability and your specific situation
- A document outlining onboarding steps will be provided to you by your CampMinder CSM after the initial phone call
- Apart from your one-on-one time with your CSM, training resources include Help Videos, Help Articles, and the CampMinder Digital Workbook
- Training can be scheduled on normal work days between 8AM - 4PM EST. Any requests outside of these times will be at the discretion of the CSM
EXPECTATIONS OF CLIENT
- Provide CampMinder with necessary information & resources about your organization to enable most effective setup of the system
- Attend scheduled calls at the agreed upon time or provide reasonable notice if unable to attend; a missed training can be caught-up but will need to be rescheduled
- Will use help resources/watch training videos before each session
- Will attempt to complete tasks assigned by CSM prior to each session
- Will reach out to CampMinder Support in a timely manner for bugs/defects/technical questions
- Will provide feedback to the CSM about the onboarding experience
- Choose onboarding time slots on CSM calendar using Calendly App
- Will be in front of a computer and logged in to CampMinder system during training
- Identify key stakeholders to attend each specific training
- Have a minimum of ONE 'champion' user who attends all training sessions.
EXPECTATIONS OF CLIENT SUCCESS MANAGER (CSM)
- Attend scheduled calls at the agreed upon time or provide reasonable notice if unable to attend; a missed training can be caught-up but will need to be rescheduled
- Setup agenda & tasks for each session
- Setup and share Video call meeting links prior to each training
- Send follow-up emails from each training reviewing what was covered and agreed upon to-dos
- Will find a replacement CSM to cover scheduled training if there is an extended period of time they won’t be present, for vacation or illness
- To review client's system setup, and provide insight when multiple options are available
- Provide clarification on any of the help content that is not clear
- Assist in testing & provide feedback before the go-live of the applications
Effective September 6th 2018 to September 6th 2018
DownloadTable of Contents
ONBOARDING & TRAINING
CampMinder's Onboarding and Training process is designed to make you as successful as possible in your partnership with CampMinder. This process has been refined through training over 800 camps and is built on best practices we've learned along the way. We are, however, excited to learn how to better meet our clients' needs - so please give us feedback along the way to enable us to continually improve this process.
GOALS OF ONBOARDING
- To establish your goals and desired outcomes in partnering with CampMinder
- To establish a mutual understanding between you and CampMinder of what it looks like to achieve success
- To implement the CampMinder software to best meet your needs
- For your camp to gain a strong understanding of the key modules of CampMinder in order to not only use them effectively, but also teach your team how to do so
- For you to gain a strong understanding of the various contacts within CampMinder and who to reach out to for a given need
KEY POINTS
- Typical onboarding process lasts from 2 - 8 weeks
- Training sessions will typically occur 2 - 3 times a week during onboarding; any request of higher frequency will be at the discretion of the CampMinder Client Success Manager (CSM), depending on factors such as availability and your specific situation
- A document outlining onboarding steps will be provided to you by your CampMinder CSM after the initial phone call
- Apart from your one-on-one time with your CSM, training resources include Help Videos, Help Articles, and the CampMinder Digital Workbook
- Training can be scheduled on normal work days between 8AM - 4PM EST. Any requests outside of these times will be at the discretion of the CSM
EXPECTATIONS OF CLIENT
- Provide CampMinder with necessary information & resources about your organization to enable most effective setup of the system
- Attend scheduled calls at the agreed upon time or provide reasonable notice if unable to attend; a missed training can be caught-up but will need to be rescheduled
- Will use help resources/watch training videos before each session
- Will attempt to complete tasks assigned by CSM prior to each session
- Will reach out to CampMinder Support in a timely manner for bugs/defects/technical questions
- Will provide feedback to the CSM about the onboarding experience
- Choose onboarding time slots on CSM calendar using Calendly App
- Will be in front of a computer and logged in to CampMinder system during training
- Identify key stakeholders to attend each specific training
- Have a minimum of ONE 'champion' user who attends all training sessions.
EXPECTATIONS OF CLIENT SUCCESS MANAGER (CSM)
- Attend scheduled calls at the agreed upon time or provide reasonable notice if unable to attend; a missed training can be caught-up but will need to be rescheduled
- Setup agenda & tasks for each session
- Setup and share Video call meeting links prior to each training
- Send follow-up emails from each training reviewing what was covered and agreed upon to-dos
- Will find a replacement CSM to cover scheduled training if there is an extended period of time they won’t be present, for vacation or illness
- To review client's system setup, and provide insight when multiple options are available
- Provide clarification on any of the help content that is not clear
- Assist in testing & provide feedback before the go-live of the applications
Effective September 6th 2018 to September 6th 2018
DownloadSummary of changes
Version 1 with edits to SC's initial pass
Table of Contents
ONBOARDING & TRAINING
CampMinder's Onboarding and Training process is designed to make you as successful as possible in your partnership with CampMinder. This process has been refined through training over 800 camps and is built on best practices we've learned along the way. We are, however, excited to learn how to better meet our clients' needs - so please give us feedback along the way to enable us to continually improve this process.
GOALS OF ONBOARDING
- To establish your goals and desired outcomes in partnering with CampMinder
- To establish a mutual understanding between you and CampMinder of what it looks like to achieve success
- To implement the CampMinder software to best meet your needs
- For your camp to gain a strong understanding of the key modules of CampMinder in order to not only use them effectively, but also teach your team how to do so
- For you to gain a strong understanding of the various contacts within CampMinder and who to reach out to for a given need
KEY POINTS
- Typical onboarding process lasts from 2 - 8 weeks
- Training sessions will typically occur 2 - 3 times a week during onboarding; any request of higher frequency will be at the discretion of the CampMinder Client Success Manager (CSM), depending on factors such as availability and your specific situation
- A document outlining onboarding steps will be provided to you by your CampMinder CSM after the initial phone call
- Apart from your one-on-one time with your CSM, training resources include Help Videos, Help Articles, and the CampMinder Digital Workbook
- Training can be scheduled on normal work days between 8AM - 4PM EST. Any requests outside of these times will be at the discretion of the CSM
EXPECTATIONS OF CLIENT
- Provide CampMinder with necessary information & resources about your organization to enable most effective setup of the system
- Attend scheduled calls at the agreed upon time or provide reasonable notice if unable to attend; a missed training can be caught-up but will need to be rescheduled
- Will use help resources/watch training videos before each session
- Will attempt to complete tasks assigned by CSM prior to each session
- Will reach out to CampMinder Support in a timely manner for bugs/defects/technical questions
- Will provide feedback to the CSM about the onboarding experience
- Choose onboarding time slots on CSM calendar using Calendly App
- Will be in front of a computer and logged in to CampMinder system during training
- Identify key stakeholders to attend each specific training
- Have a minimum of ONE 'champion' user who attends all training sessions.
EXPECTATIONS OF CLIENT SUCCESS MANAGER (CSM)
- Attend scheduled calls at the agreed upon time or provide reasonable notice if unable to attend; a missed training can be caught-up but will need to be rescheduled
- Setup agenda & tasks for each session
- Setup and share Video call meeting links prior to each training
- Send follow-up emails from each training reviewing what was covered and agreed upon to-dos
- Will find a replacement CSM to cover scheduled training if there is an extended period of time they won’t be present, for vacation or illness
- To review client's system setup, and provide insight when multiple options are available
- Provide clarification on any of the help content that is not clear
- Assist in testing & provide feedback before the go-live of the applications
CampInTouch User Agreement
Effective September 6th 2018
DownloadTable of Contents
CAMPINTOUCH USER AGREEMENT
This CampInTouch User Agreement (this “Agreement”) located at campminder.pactsafe.io is a binding agreement between the user (“you”) and CampMinder, LLC, a Colorado limited liability company that furnishes certain services to the Camp, together with its affiliates and assignees (collectively “CampMinder” or “we” or “us”). This Agreement governs your use of the resources and services (including photo and email systems) provided through CampMinder’s web application for parents of campers (the “CampInTouch System”).
TERMS OF USE
IF YOU DO NOT AGREE WITH ALL OF THIS AGREEMENT AND THE CAMPMINDER PRIVACY POLICY (HTTPS://CAMPMINDER.COM/PRIVACY-POLICY/), YOU ARE NOT AUTHORIZED TO ACCESS THE CAMPINTOUCH SYSTEM AND YOUR USE OF THE CAMPINTOUCH SYSTEM SHALL BE DEEMED ACCEPTANCE OF THESE TERMS AND THE CAMPMINDER PRIVACY POLICY. If you do not agree with this Agreement, or do not understand it, please exit the CampInTouch System immediately or terminate your account by calling us at 303-444-CAMP (2267).
Your use of the CampInTouch System will always be governed by this Agreement and the Privacy Policy posted at the time, whether you have reviewed them or not.
YOUR ACCOUNT
To use the CampInTouch System, CampMinder requires that you register. By registering as a user, YOU REPRESENT THAT YOU ARE AGE 13 OR OLDER. People under the age of 13 are prohibited from registering. CampMinder reserves the right to terminate any account with or without reason at any time.
As part of registration, you will be asked to provide certain information about yourself and your camper(s), including Personal Information (defined as information that can be used to identify or authenticate an individual), and that may include health or financial information. By using the CampInTouch System you represent that any information that you provide through the CampInTouch System is true, accurate, current and complete information, and you agree to maintain and promptly update the user data to keep it true, accurate, current and complete.
You will set a password for your account, and you agree to protect and safeguard it against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session and must not allow the sharing of login credentials between users.
YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. CampMinder is not liable for any harm you may incur as a result of someone else using your password or account, either with or without your knowledge.
CONTENT AND INTELLECTUAL PROPERTY
You acknowledge and agree that the software used by us, as well as the graphics, text and other material appearing on the CampInTouch System (“Content”), are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. CampInTouch, CampMinder, the CampMinder logo, and other product and service names are trademarks of CampMinder (the "CampMinder Marks") and their respective owners. Except as expressly authorized by CampMinder, you agree not to display, modify, distribute, create derivative works based on, or use in any manner, the CampMinder Marks or any other features of the CampInTouch System.
We do not own any of the Content submitted by our users. However, with respect to Content you submit or make available on the CampInTouch System, you grant CampMinder a world-wide, royalty free, perpetual, irrevocable, and non-exclusive license to use, distribute, reproduce, modify, and display such Content in any format or medium now known or later developed, as necessary to host, maintain and provide access to the CampInTouch System to you and other users.
We may preserve Content in our sole discretion and we may also disclose such information to third parties to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety or the rights, property and personal safety of our users and the public. We do not, however, undertake any affirmative obligation to examine Content or disclose Content to any third party for any reason.
You understand that your Content may be transmitted over a number of different networks and people other than those on the CampInTouch System could gain access to it.
PROHIBITED ACTS
You shall not, nor shall you permit any or any other individual or entity to: (a) use or access the CampInTouch System except as expressly permitted by this Agreement; (b) remove, alter, cover, or obscure the copyright or other proprietary notices appearing in the CampInTouch System; (c) alter, modify, or prepare derivative works based on any software or application accessible through the CampInTouch System; (d) sell, license, rent or otherwise make available the CampInTouch System to, or use any part of the CampInTouch System for the benefit of, anyone other than Licensee or Authorized Users; (e) target or harm minors in any way; (f) use the CampInTouch System to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses; (g) interfere with or disrupt the integrity or performance of the CampInTouch System or third-party data contained therein; (h) attempt to gain unauthorized access to the CampInTouch System or its related systems; (i) access the CampInTouch System in order to build a competitive service or to benchmark with a non-CampMinder service; or (j) reverse engineer the CampInTouch System (to the extent such restriction is permitted by law).
You agree not to use a false email address, impersonate any person or entity, or otherwise disguise the origin of any information you submit. By using the CampInTouch System you agree that no information you furnish will violate anyone else's rights, and will not be, or contain, threatening, libelous, defamatory, pornographic, profane or otherwise unlawful material. You shall be solely responsible for any information you furnish or transmit.
DATA COMPLIANCE
The CampInTouch System is not directed at children under the age of 13. CampMinder complies with the Children’s Online Privacy Protection Act and does not knowingly permit registration or submission of Personal Information by anyone less than 13 years of age. By registering an account you represent that (a) you are age 13 or older, and (b) you are the parent or legal guardian of anyone under age 13 about whom you submit Personal Information.
Through the CampInTouch System, the parent or legal guardian of a camper has immediate access to and control over the Personal Information CampMinder holds concerning the camper. The parent or guardian can modify or delete that information at any time; provided however, the camper’s record cannot be deleted in full so that the Licensee or Camp can maintain accurate records, but such camper’s record can be anonymized or pseudonymized if requested by the parent or legal guardian.
You may provide personal, health-related, and other information concerning your camper(s) through various forms included in the CampInTouch System. CampMinder does not sell or rent this information to others for commercial purposes, but may use this information as set forth in the CampMinder Privacy Policy including (without limitation) disclosing such information to the Camp, and to Camp personnel, medical personnel and others permitted by the Camp who may disclose and/or use the Information for diagnosis, treatment and other lawful purposes. By providing such information, you represent and warrant that you have all necessary right, title, and interest (including any consent or other lawful basis) necessary to provide such information to CampMinder and any third party recipients for the purposes described in the Privacy Policy Please review our Privacy Policy for more information.
LIMITATION OF LIABILITY
THE CAMPINTOUCH SYSTEM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CAMPINTOUCH SYSTEM IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAMPMINDER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT ACCESS TO THE CAMPINTOUCH SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, NOR THAT DEFECTS IN THE CAMPINTOUCH SYSTEM WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CAMPMINDER AND ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGEMENT, EMPLOYEES AND AGENTS (COLLECTIVELY, “CAMPMINDER PARTIES”) SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF DATA, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF CAMPMINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE CAMPMINDER PARTIES IN THE AGGREGATE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100).
INDEMNIFICATION
You agree promptly upon demand to indemnify and hold harmless CampMinder and its affiliates and their respective owners, management, employees and agents from any liability, cost or expense (including attorneys’ fees), directly or indirectly arising from or related to your use of the CampInTouch System or your violation of this Agreement.
APPLICABLE LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws’ provisions thereof. By use of the CampInTouch System you irrevocably agree that any legal or equitable action or proceeding arising under or in connection with this Agreement shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where you consent to jurisdiction and venue and service of process by any means permitted therein. YOU IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Any failure of CampMinder to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
UPDATES
We reserve the right to modify this Agreement at any time, so please review it frequently. If CampMinder decides to change this Agreement, we will post those changes on the CampInTouch System or online to this Agreement at campminder.pactsafe.io. Your continued use of the CampInTouch System following such modifications will be subject to the revised Agreement. Your use of the CampInTouch System will always be governed by the versions of this Agreement and the Privacy Policy posted at the time, whether you have reviewed them or not.
For any questions please contact us at 303-444-CAMP (2267).
Privacy Policy
Effective December 7th 2023
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Delaware limited liability company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties below for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you input information into an online form, sign up for a waiting list, register, or contact us directly.
Your Device: We may collect certain Personal Data automatically from your devices. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Sites, or when you open our marketing communications.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Data we create or Infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Users may register and create an account on our Services. When you register, we process certain Personal Data such as Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service. We use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Client’s users may submit inquiries, camper or event applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
We use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-camper or Client-applicant relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of camper or event attendee records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents or event organizers and attendees; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers or event attendees by the Client.
PURCHASES AND DONATIONS
On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client, or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free form content submission form).
On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to your rights and choices, we may also use Identity Data to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our Site for viewing by parents, event organizers and Client Administrators.
We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper or event attendee records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.).
MOBILE APPS
If you use our Mobile Apps, we process certain Personal Data, which typically includes Identity Data, Contact Data, Device/Network Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
We process the Identity Data, Contact Data, and Device/Network Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to your rights and choices, we may use the Identity Data, Contact Data, Device/Network Data, and Location Data to improve our services, and we may process this Device/Network Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
As part of our Service, we may allow parents, guardians, campers or event attendees to search for pictures of their camper or themselves in images uploaded by the Client. To do so, parents, guardians, campers or event attendees upload an image of their camper or themselves, which is then compared to the photos that have been uploaded by the Client, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Client and display those images to the camper, their parent or guardian, or event attendee. You can revoke your consent at any time as set forth in the your rights and choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third-party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
We may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data on behalf of our Clients in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Staffing data is used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers campers or event attendees, or other similar Special Category data, to the extent provided by the staffer, camper, parent or attendee.
On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we may process the Special Category Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
We, and certain third parties, may process Device/Network Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who visited our Site or who may be interested in our Service.
Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
BUSINESS PURPOSES OF PROCESSING
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example:
Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.
Personalization/Customization: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you so that it displays your or a Client’s name, to reflect appearance or display preferences, display recent or commonly used features or data, or other similar functionality.
Internal Processes and Service Improvement: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our improvement of the design of our Services, understanding how our Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to service use, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
AGGREGATE ANALYTICS
We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our creation of aggregate analytics relating to how our Services are used, company and investment trends, to understand how our service performs, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to users' rights and choices.
COMPLIANCE, HEALTH, SAFETY & PUBLIC INTEREST
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
OTHER PROCESSING OF PERSONAL DATA
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients and may share your Personal Data with Clients to the extent such information was provided to us for processing on their behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) We disclose Special Category Data and Face Recognition Data to service providers only with your consent where required by law.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state or country of residence, and may be limited by or subject to our or our Client’s rights in your Personal Data. In cases where we process Personal Data on our own behalf, you may exercise rights you have by contacting us. All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. For information regarding your rights in the EU/EEA/Swiss, or your California Privacy Rights, please see below.
YOUR CHOICES
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Online Advertising: You may opt out or withdraw your consent to behavioral advertising. You must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
In many cases, CampMinder acts a processor of Clients’ Personal Data. We may notify Clients of your data rights requests; however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data we control, and you may need to contact the Client regarding your request.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for the periods stated above, or if none, for so long as it remains relevant to its purpose or for so long as is required by law (if longer). As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients, event organizers and attendees and campers’ parents and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
YOUR EU/EEA PRIVACY RIGHTS
Users of our Services in the EU/EEA/Switzerland (and certain other countries) may have the following rights:
Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law.
Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Right to Object: Where we process Personal Data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing: To the extent we process Personal Data using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact: You may have the right to file a complaint with regulators about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
PRIVACY RIGHTS
Right to Know: You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete: You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination: You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale: If we engage in sales of Personal Data (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes. At this time, we do not sell Personal Data.
SUBMISSION OF RIGHTS REQUESTS
You may submit requests by contacting us (see below for summary of required verification information).
VERIFICATION OF RIGHTS REQUESTS
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other information we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
SUPPLEMENTAL DATA PROCESSING DISCLOSURES
Categories of Personal Data Disclosed for Business Purposes: For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data; Transaction Data; Contact Data; Financial Data; Device/Network Data; Location Data; Special Category Data; Face Recognition Data; and Custom Content.
Data Sale: For purposes of the CCPA, we do not “sell” your Personal Data.
Right to Know:
Category of Data | Category of Sources | Business and Commercial Purposes | Category of Recipients |
Identity Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Transaction Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Contact Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Financial Data | You; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Device/Network Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Location Data | You; Your Devices | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Special Category Data | You; Clients | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Face Recognition Data | You; Service Providers; Data we Create/Infer | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Custom Content | You; Clients | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone:
303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Azure WAF Gateway | Vendor – Provides the web application firewall for the CampMinder system database that monitors all traffic coming into this system. |
Bee Plugin | Vendor - A tool for designing digital content embedded in our software to allow for enhanced and efficient email communication capabilities, with access to end user IP addresses and email content when the editor is used. |
Vendor – Provides an invoicing and accounts payable platform where we store information including client banking information, client contact information including name, address, phone number and email address | |
Camper Machine | Vendor - Provides marketing technology and consulting services for the summer camp industry. Vendor may integrate specific data from the Campminder System, provided to them by the camp that owns that data, into that camps marketing and/or relationship management program. |
CKEditor | Rich text editor embedded in our Gazebo software to allow for the creation of contracts, emails and HTML content . To provide this service for certain editor features, user IP addresses may be accessed. |
Cliq, CardWorks Acquiring LLC, Cynergy USA | Vendors - Provide electronic transaction processing services for certain CampMinder clients |
CloudFlare | Vendor – Provides the web application firewall for the Camp in Touch environment that monitors all traffic coming into this system. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
DropBox | Vendor – Cloud storage and user synchronization where we store accounting information including electronic reports that may include name, physical address, phone number, e-mail address and payment method information. |
EZ Texting | Vendor – Text messaging platform to whom we may provide, at our client’s request, their client’s names and phone numbers. |
Google | Vendor — provides Google Play Services, which includes an application marketplace for the purchase and updating of applications. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collects information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collects this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. Google Docs and Drives are used as a passthrough service for custom templates for contracts, emails, invoices and other communication. These Docs are immediately deleted once they are delivered to the recipient. Our services may also use Google reCAPTCHA to identify and block potentially malicious or undesirable automated activity on portions of our system and/or website. When you use the reCAPTCHA functionality, Google may collect and process certain Device/Network Data, which may be collected via cookies and similar technologies to perform validation activities and for providing, maintaining and improving reCAPTCHA service, and for general security purposes. All Google services are subject to the Google Privacy Policy and Terms of Use. |
Google Photos | Vendor - Used in Campanion Admin to allow integration between Campminder's photo uploader and a client's Google Photos cloud storage, and makes use of the restricted Google API Scope; ./auth/photoslibrary.readonly. Scopes requested may change from time to time and are described further in the Google Photos API. Authorization to use each scope will be granted exclusively through the OAuth2 authentication process. Use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use Requirements. |
Hubspot | Vendor - a marketing automation platform and email marketing service where we store client and subscriber information including name and email address. We observe an opt-in policy, so we will not store or use your Personal Information for marketing purposes without your consent. We also store correspondence that you share with us. The vendor stores information for us as a processor of data and are prohibited contractually from using the information except as necessary to provide and improve subscription services and as required by law. |
JotForm | Integrated tool for creation, publication and hosting of forms for data collection from camp attendees and allowing for email responses. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Microsoft Azure facial recognition service | Vendor – Facial recognition service creates an identity based on properties and measurement of a person’s face when used with our Campanion services. User information stored includes a training photo with an anonymized ID. |
Microsoft | Vendor - Hosts campminder.system test environment and houses all of CampMinder system database details. |
Neutrino API | Vendor – Streamlines credit card processing services between our clients and their clients by distinguishing the payment method between credit cards and debit cards |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Pendo.io | Vendor - Provides usage analytics that tracks user interactions with web and mobile applications and collects survey responses from users. |
Clientsuccess | Vendor - Enhances Client onboarding and support by tracking key metrics, automating tasks and workflows and providing trend analysis for best practices. Client data is stored temporarily and includes name, email and phone. |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Redis | Vendor - An open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Sterling | Vendor – Provides background checks for camp staff at client’s request, which requires camp to provide subject’s name, physical address, social security number, phone number and email address. |
TSYS Merchant Solutions, LLC dba Global Payments | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.TSYS.com/privacy-policy/ |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor - Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
Effective March 17th 2023 to December 7th 2023
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Delaware limited liability company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties below for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you input information into an online form, sign up for a waiting list, register, or contact us directly.
Your Device: We may collect certain Personal Data automatically from your devices. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Sites, or when you open our marketing communications.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Data we create or Infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Users may register and create an account on our Services. When you register, we process certain Personal Data such as Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service. We use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Client’s users may submit inquiries, camper or event applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
We use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-camper or Client-applicant relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of camper or event attendee records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents or event organizers and attendees; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers or event attendees by the Client.
PURCHASES AND DONATIONS
On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client, or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free form content submission form).
On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to your rights and choices, we may also use Identity Data to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our Site for viewing by parents, event organizers and Client Administrators.
We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper or event attendee records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.).
MOBILE APPS
If you use our Mobile Apps, we process certain Personal Data, which typically includes Identity Data, Contact Data, Device/Network Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
We process the Identity Data, Contact Data, and Device/Network Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to your rights and choices, we may use the Identity Data, Contact Data, Device/Network Data, and Location Data to improve our services, and we may process this Device/Network Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
As part of our Service, we may allow parents, guardians, campers or event attendees to search for pictures of their camper or themselves in images uploaded by the Client. To do so, parents, guardians, campers or event attendees upload an image of their camper or themselves, which is then compared to the photos that have been uploaded by the Client, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Client and display those images to the camper, their parent or guardian, or event attendee. You can revoke your consent at any time as set forth in the your rights and choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third-party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
We may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data on behalf of our Clients in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Staffing data is used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers campers or event attendees, or other similar Special Category data, to the extent provided by the staffer, camper, parent or attendee.
On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we may process the Special Category Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
We, and certain third parties, may process Device/Network Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who visited our Site or who may be interested in our Service.
Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
BUSINESS PURPOSES OF PROCESSING
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example:
Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.
Personalization/Customization: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you so that it displays your or a Client’s name, to reflect appearance or display preferences, display recent or commonly used features or data, or other similar functionality.
Internal Processes and Service Improvement: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our improvement of the design of our Services, understanding how our Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to service use, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
AGGREGATE ANALYTICS
We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our creation of aggregate analytics relating to how our Services are used, company and investment trends, to understand how our service performs, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to users' rights and choices.
COMPLIANCE, HEALTH, SAFETY & PUBLIC INTEREST
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
OTHER PROCESSING OF PERSONAL DATA
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients and may share your Personal Data with Clients to the extent such information was provided to us for processing on their behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) We disclose Special Category Data and Face Recognition Data to service providers only with your consent where required by law.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state or country of residence, and may be limited by or subject to our or our Client’s rights in your Personal Data. In cases where we process Personal Data on our own behalf, you may exercise rights you have by contacting us. All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. For information regarding your rights in the EU/EEA/Swiss, or your California Privacy Rights, please see below.
YOUR CHOICES
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Online Advertising: You may opt out or withdraw your consent to behavioral advertising. You must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
In many cases, CampMinder acts a processor of Clients’ Personal Data. We may notify Clients of your data rights requests; however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data we control, and you may need to contact the Client regarding your request.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for the periods stated above, or if none, for so long as it remains relevant to its purpose or for so long as is required by law (if longer). As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients, event organizers and attendees and campers’ parents and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
YOUR EU/EEA PRIVACY RIGHTS
Users of our Services in the EU/EEA/Switzerland (and certain other countries) may have the following rights:
Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law.
Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Right to Object: Where we process Personal Data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing: To the extent we process Personal Data using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact: You may have the right to file a complaint with regulators about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
PRIVACY RIGHTS
Right to Know: You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete: You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination: You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale: If we engage in sales of Personal Data (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes. At this time, we do not sell Personal Data.
SUBMISSION OF RIGHTS REQUESTS
You may submit requests by contacting us (see below for summary of required verification information).
VERIFICATION OF RIGHTS REQUESTS
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other information we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
SUPPLEMENTAL DATA PROCESSING DISCLOSURES
Categories of Personal Data Disclosed for Business Purposes: For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data; Transaction Data; Contact Data; Financial Data; Device/Network Data; Location Data; Special Category Data; Face Recognition Data; and Custom Content.
Data Sale: For purposes of the CCPA, we do not “sell” your Personal Data.
Right to Know:
Category of Data | Category of Sources | Business and Commercial Purposes | Category of Recipients |
Identity Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Transaction Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Contact Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Financial Data | You; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Device/Network Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Location Data | You; Your Devices | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Special Category Data | You; Clients | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Face Recognition Data | You; Service Providers; Data we Create/Infer | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Custom Content | You; Clients | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone:
303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Azure WAF Gateway | Vendor – Provides the web application firewall for the CampMinder system database that monitors all traffic coming into this system. |
Bee Plugin | Vendor - A tool for designing digital content embedded in our software to allow for enhanced and efficient email communication capabilities, with access to end user IP addresses and email content when the editor is used. |
Vendor – Provides an invoicing and accounts payable platform where we store information including client banking information, client contact information including name, address, phone number and email address | |
Camper Machine | Vendor - Provides marketing technology and consulting services for the summer camp industry. Vendor may integrate specific data from the Campminder System, provided to them by the camp that owns that data, into that camps marketing and/or relationship management program. |
CKEditor | Rich text editor embedded in our Gazebo software to allow for the creation of contracts, emails and HTML content . To provide this service for certain editor features, user IP addresses may be accessed. |
Cliq, CardWorks Acquiring LLC, Cynergy USA | Vendors - Provide electronic transaction processing services for certain CampMinder clients |
CloudFlare | Vendor – Provides the web application firewall for the Camp in Touch environment that monitors all traffic coming into this system. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
DropBox | Vendor – Cloud storage and user synchronization where we store accounting information including electronic reports that may include name, physical address, phone number, e-mail address and payment method information. |
EZ Texting | Vendor – Text messaging platform to whom we may provide, at our client’s request, their client’s names and phone numbers. |
Google | Vendor — provides Google Play Services, which includes an application marketplace for the purchase and updating of applications. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collects information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collects this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. Google Docs and Drives are used as a passthrough service for custom templates for contracts, emails, invoices and other communication. These Docs are immediately deleted once they are delivered to the recipient. Our services may also use Google reCAPTCHA to identify and block potentially malicious or undesirable automated activity on portions of our system and/or website. When you use the reCAPTCHA functionality, Google may collect and process certain Device/Network Data, which may be collected via cookies and similar technologies to perform validation activities and for providing, maintaining and improving reCAPTCHA service, and for general security purposes. All Google services are subject to the Google Privacy Policy and Terms of Use. |
Hubspot | Vendor - a marketing automation platform and email marketing service where we store client and subscriber information including name and email address. We observe an opt-in policy, so we will not store or use your Personal Information for marketing purposes without your consent. We also store correspondence that you share with us. The vendor stores information for us as a processor of data and are prohibited contractually from using the information except as necessary to provide and improve subscription services and as required by law. |
Integrated Reporting is Simple, LLC (IRIS) | Vendor - Provides secure application portal for electronic payment services, including the gathering of required data for underwriting (Know-Your-Customer checks, TIN checks, bank verification) |
JotForm | Integrated tool for creation, publication and hosting of forms for data collection from camp attendees and allowing for email responses. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Microsoft Azure facial recognition service | Vendor – Facial recognition service creates an identity based on properties and measurement of a person’s face when used with our Campanion services. User information stored includes a training photo with an anonymized ID. |
Microsoft | Vendor - Hosts campminder.system test environment and houses all of CampMinder system database details. |
Neutrino API | Vendor – Streamlines credit card processing services between our clients and their clients by distinguishing the payment method between credit cards and debit cards |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Pendo.io | Vendor - Provides usage analytics that tracks user interactions with web and mobile applications and collects survey responses from users. |
Clientsuccess | Vendor - Enhances Client onboarding and support by tracking key metrics, automating tasks and workflows and providing trend analysis for best practices. Client data is stored temporarily and includes name, email and phone. |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Redis | Vendor - An open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Sterling | Vendor – Provides background checks for camp staff at client’s request, which requires camp to provide subject’s name, physical address, social security number, phone number and email address. |
TSYS Merchant Solutions, LLC dba Global Payments | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.TSYS.com/privacy-policy/ |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor - Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
Effective January 20th 2023 to March 17th 2023
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Delaware limited liability company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties below for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you input information into an online form, sign up for a waiting list, register, or contact us directly.
Your Device: We may collect certain Personal Data automatically from your devices. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Sites, or when you open our marketing communications.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Data we create or Infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Users may register and create an account on our Services. When you register, we process certain Personal Data such as Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service. We use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Client’s users may submit inquiries, camper or event applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
We use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-camper or Client-applicant relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of camper or event attendee records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents or event organizers and attendees; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers or event attendees by the Client.
PURCHASES AND DONATIONS
On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client, or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free form content submission form).
On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to your rights and choices, we may also use Identity Data to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our Site for viewing by parents, event organizers and Client Administrators.
We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper or event attendee records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.).
MOBILE APPS
If you use our Mobile Apps, we process certain Personal Data, which typically includes Identity Data, Contact Data, Device/Network Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
We process the Identity Data, Contact Data, and Device/Network Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to your rights and choices, we may use the Identity Data, Contact Data, Device/Network Data, and Location Data to improve our services, and we may process this Device/Network Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
As part of our Service, we may allow parents, guardians, campers or event attendees to search for pictures of their camper or themselves in images uploaded by the Client. To do so, parents, guardians, campers or event attendees upload an image of their camper or themselves, which is then compared to the photos that have been uploaded by the Client, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Client and display those images to the camper, their parent or guardian, or event attendee. You can revoke your consent at any time as set forth in the your rights and choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third-party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
We may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data on behalf of our Clients in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Staffing data is used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers campers or event attendees, or other similar Special Category data, to the extent provided by the staffer, camper, parent or attendee.
On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we may process the Special Category Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
We, and certain third parties, may process Device/Network Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who visited our Site or who may be interested in our Service.
Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
BUSINESS PURPOSES OF PROCESSING
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example:
Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.
Personalization/Customization: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you so that it displays your or a Client’s name, to reflect appearance or display preferences, display recent or commonly used features or data, or other similar functionality.
Internal Processes and Service Improvement: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our improvement of the design of our Services, understanding how our Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to service use, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
AGGREGATE ANALYTICS
We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our creation of aggregate analytics relating to how our Services are used, company and investment trends, to understand how our service performs, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to users' rights and choices.
COMPLIANCE, HEALTH, SAFETY & PUBLIC INTEREST
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
OTHER PROCESSING OF PERSONAL DATA
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients and may share your Personal Data with Clients to the extent such information was provided to us for processing on their behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) We disclose Special Category Data and Face Recognition Data to service providers only with your consent where required by law.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state or country of residence, and may be limited by or subject to our or our Client’s rights in your Personal Data. In cases where we process Personal Data on our own behalf, you may exercise rights you have by contacting us. All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. For information regarding your rights in the EU/EEA/Swiss, or your California Privacy Rights, please see below.
YOUR CHOICES
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Online Advertising: You may opt out or withdraw your consent to behavioral advertising. You must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
In many cases, CampMinder acts a processor of Clients’ Personal Data. We may notify Clients of your data rights requests; however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data we control, and you may need to contact the Client regarding your request.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for the periods stated above, or if none, for so long as it remains relevant to its purpose or for so long as is required by law (if longer). As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients, event organizers and attendees and campers’ parents and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at: issues@campminder.com.
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
YOUR EU/EEA PRIVACY RIGHTS
Users of our Services in the EU/EEA/Switzerland (and certain other countries) may have the following rights:
Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law.
Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Right to Object: Where we process Personal Data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing: To the extent we process Personal Data using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact: You may have the right to file a complaint with regulators about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
PRIVACY RIGHTS
Right to Know: You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete: You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination: You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale: If we engage in sales of Personal Data (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes. At this time, we do not sell Personal Data.
SUBMISSION OF RIGHTS REQUESTS
You may submit requests by contacting us (see below for summary of required verification information).
VERIFICATION OF RIGHTS REQUESTS
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other information we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
SUPPLEMENTAL DATA PROCESSING DISCLOSURES
Categories of Personal Data Disclosed for Business Purposes: For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data; Transaction Data; Contact Data; Financial Data; Device/Network Data; Location Data; Special Category Data; Face Recognition Data; and Custom Content.
Data Sale: For purposes of the CCPA, we do not “sell” your Personal Data.
Right to Know:
Category of Data | Category of Sources | Business and Commercial Purposes | Category of Recipients |
Identity Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Transaction Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Contact Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Financial Data | You; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Device/Network Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Location Data | You; Your Devices | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Special Category Data | You; Clients | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Face Recognition Data | You; Service Providers; Data we Create/Infer | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Custom Content | You; Clients | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone:
303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Azure WAF Gateway | Vendor – Provides the web application firewall for the CampMinder system database that monitors all traffic coming into this system. |
Bee Plugin | Vendor - A tool for designing digital content embedded in our software to allow for enhanced and efficient email communication capabilities, with access to end user IP addresses and email content when the editor is used. |
Vendor – Provides an invoicing and accounts payable platform where we store information including client banking information, client contact information including name, address, phone number and email address | |
Camper Machine | Vendor - Provides marketing technology and consulting services for the summer camp industry. Vendor may integrate specific data from the Campminder System, provided to them by the camp that owns that data, into that camps marketing and/or relationship management program. |
CKEditor | Rich text editor embedded in our Gazebo software to allow for the creation of contracts, emails and HTML content . To provide this service for certain editor features, user IP addresses may be accessed. |
Cliq, CardWorks Acquiring LLC, Cynergy USA | Vendors - Provide electronic transaction processing services for certain CampMinder clients |
CloudFlare | Vendor – Provides the web application firewall for the Camp in Touch environment that monitors all traffic coming into this system. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
DropBox | Vendor – Cloud storage and user synchronization where we store accounting information including electronic reports that may include name, physical address, phone number, e-mail address and payment method information. |
EZ Texting | Vendor – Text messaging platform to whom we may provide, at our client’s request, their client’s names and phone numbers. |
Google | Vendor — provides Google Play Services, which includes an application marketplace for the purchase and updating of applications. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collects information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collects this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. Google Docs and Drives are used as a passthrough service for custom templates for contracts, emails, invoices and other communication. These Docs are immediately deleted once they are delivered to the recipient. Our services may also use Google reCAPTCHA to identify and block potentially malicious or undesirable automated activity on portions of our system and/or website. When you use the reCAPTCHA functionality, Google may collect and process certain Device/Network Data, which may be collected via cookies and similar technologies to perform validation activities and for providing, maintaining and improving reCAPTCHA service, and for general security purposes. All Google services are subject to the Google Privacy Policy and Terms of Use. |
Hubspot | Vendor - a marketing automation platform and email marketing service where we store client and subscriber information including name and email address. We observe an opt-in policy, so we will not store or use your Personal Information for marketing purposes without your consent. We also store correspondence that you share with us. The vendor stores information for us as a processor of data and are prohibited contractually from using the information except as necessary to provide and improve subscription services and as required by law. |
Integrated Reporting is Simple, LLC (IRIS) | Vendor - Provides secure application portal for electronic payment services, including the gathering of required data for underwriting (Know-Your-Customer checks, TIN checks, bank verification) |
JotForm | Integrated tool for creation, publication and hosting of forms for data collection from camp attendees and allowing for email responses. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Microsoft Azure facial recognition service | Vendor – Facial recognition service creates an identity based on properties and measurement of a person’s face when used with our Campanion services. User information stored includes a training photo with an anonymized ID. |
Microsoft | Vendor - Hosts campminder.system test environment and houses all of CampMinder system database details. |
Neutrino API | Vendor – Streamlines credit card processing services between our clients and their clients by distinguishing the payment method between credit cards and debit cards |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Pendo.io | Vendor - Provides usage analytics that tracks user interactions with web and mobile applications and collects survey responses from users. |
Clientsuccess | Vendor - Enhances Client onboarding and support by tracking key metrics, automating tasks and workflows and providing trend analysis for best practices. Client data is stored temporarily and includes name, email and phone. |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Redis | Vendor - An open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Sterling | Vendor – Provides background checks for camp staff at client’s request, which requires camp to provide subject’s name, physical address, social security number, phone number and email address. |
TSYS Merchant Solutions, LLC dba Global Payments | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.TSYS.com/privacy-policy/ |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor - Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
Effective December 22nd 2022 to January 20th 2023
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Delaware limited liability company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties below for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you input information into an online form, sign up for a waiting list, register, or contact us directly.
Your Device: We may collect certain Personal Data automatically from your devices. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Sites, or when you open our marketing communications.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Data we create or Infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Users may register and create an account on our Services. When you register, we process certain Personal Data such as Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service. We use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Client’s users may submit inquiries, camper or event applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
We use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-camper or Client-applicant relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of camper or event attendee records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents or event organizers and attendees; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers or event attendees by the Client.
PURCHASES AND DONATIONS
On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client, or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free form content submission form).
On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to your rights and choices, we may also use Identity Data to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our Site for viewing by parents, event organizers and Client Administrators.
We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper or event attendee records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.).
MOBILE APPS
If you use our Mobile Apps, we process certain Personal Data, which typically includes Identity Data, Contact Data, Device/Network Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
We process the Identity Data, Contact Data, and Device/Network Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to your rights and choices, we may use the Identity Data, Contact Data, Device/Network Data, and Location Data to improve our services, and we may process this Device/Network Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
As part of our Service, we may allow parents, guardians, campers or event attendees to search for pictures of their camper or themselves in images uploaded by the Client. To do so, parents, guardians, campers or event attendees upload an image of their camper or themselves, which is then compared to the photos that have been uploaded by the Client, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Client and display those images to the camper, their parent or guardian, or event attendee. You can revoke your consent at any time as set forth in the your rights and choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third-party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
We may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data on behalf of our Clients in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Staffing data is used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers campers or event attendees, or other similar Special Category data, to the extent provided by the staffer, camper, parent or attendee.
On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we may process the Special Category Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
We, and certain third parties, may process Device/Network Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who visited our Site or who may be interested in our Service.
Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
BUSINESS PURPOSES OF PROCESSING
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example:
Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.
Personalization/Customization: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you so that it displays your or a Client’s name, to reflect appearance or display preferences, display recent or commonly used features or data, or other similar functionality.
Internal Processes and Service Improvement: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our improvement of the design of our Services, understanding how our Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to service use, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
AGGREGATE ANALYTICS
We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our creation of aggregate analytics relating to how our Services are used, company and investment trends, to understand how our service performs, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to users' rights and choices.
COMPLIANCE, HEALTH, SAFETY & PUBLIC INTEREST
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
OTHER PROCESSING OF PERSONAL DATA
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients and may share your Personal Data with Clients to the extent such information was provided to us for processing on their behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) We disclose Special Category Data and Face Recognition Data to service providers only with your consent where required by law.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state or country of residence, and may be limited by or subject to our or our Client’s rights in your Personal Data. In cases where we process Personal Data on our own behalf, you may exercise rights you have by contacting us. All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. For information regarding your rights in the EU/EEA/Swiss, or your California Privacy Rights, please see below.
YOUR CHOICES
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Online Advertising: You may opt out or withdraw your consent to behavioral advertising. You must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
In many cases, CampMinder acts a processor of Clients’ Personal Data. We may notify Clients of your data rights requests; however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data we control, and you may need to contact the Client regarding your request.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for the periods stated above, or if none, for so long as it remains relevant to its purpose or for so long as is required by law (if longer). As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients, event organizers and attendees and campers’ parents and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at: issues@campminder.com.
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
YOUR EU/EEA PRIVACY RIGHTS
Users of our Services in the EU/EEA/Switzerland (and certain other countries) may have the following rights:
Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law.
Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Right to Object: Where we process Personal Data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing: To the extent we process Personal Data using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact: You may have the right to file a complaint with regulators about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
PRIVACY RIGHTS
Right to Know: You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete: You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination: You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale: If we engage in sales of Personal Data (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes. At this time, we do not sell Personal Data.
SUBMISSION OF RIGHTS REQUESTS
You may submit requests by contacting us (see below for summary of required verification information).
VERIFICATION OF RIGHTS REQUESTS
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other information we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
SUPPLEMENTAL DATA PROCESSING DISCLOSURES
Categories of Personal Data Disclosed for Business Purposes: For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data; Transaction Data; Contact Data; Financial Data; Device/Network Data; Location Data; Special Category Data; Face Recognition Data; and Custom Content.
Data Sale: For purposes of the CCPA, we do not “sell” your Personal Data.
Right to Know:
Category of Data | Category of Sources | Business and Commercial Purposes | Category of Recipients |
Identity Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Transaction Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Contact Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Financial Data | You; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Device/Network Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Location Data | You; Your Devices | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Special Category Data | You; Clients | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Face Recognition Data | You; Service Providers; Data we Create/Infer | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Custom Content | You; Clients | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone:
303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Azure WAF Gateway | Vendor – Provides the web application firewall for the CampMinder system database that monitors all traffic coming into this system. |
Bee Plugin | Vendor - A tool for designing digital content embedded in our software to allow for enhanced and efficient email communication capabilities, with access to end user IP addresses and email content when the editor is used. |
Vendor – Provides an invoicing and accounts payable platform where we store information including client banking information, client contact information including name, address, phone number and email address | |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI, Concordia Language Villages, Nobles Day Camp, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, YMCA Camp Tecumseh, Camp Fitch YMCA, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC, Woodmont Day Camp | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
Camper Machine | Vendor - Provides marketing technology and consulting services for the summer camp industry. Vendor may integrate specific data from the Campminder System, provided to them by the camp that owns that data, into that camps marketing and/or relationship management program. |
CKEditor | Rich text editor embedded in our Gazebo software to allow for the creation of contracts, emails and HTML content . To provide this service for certain editor features, user IP addresses may be accessed. |
Cliq, CardWorks Acquiring LLC, Cynergy USA | Vendors - Provide electronic transaction processing services for certain CampMinder clients |
CloudFlare | Vendor – Provides the web application firewall for the Camp in Touch environment that monitors all traffic coming into this system. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
DropBox | Vendor – Cloud storage and user synchronization where we store accounting information including electronic reports that may include name, physical address, phone number, e-mail address and payment method information. |
EZ Texting | Vendor – Text messaging platform to whom we may provide, at our client’s request, their client’s names and phone numbers. |
Google | Vendor — provides Google Play Services, which includes an application marketplace for the purchase and updating of applications. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collects information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collects this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. Google Docs and Drives are used as a passthrough service for custom templates for contracts, emails, invoices and other communication. These Docs are immediately deleted once they are delivered to the recipient. Our services may also use Google reCAPTCHA to identify and block potentially malicious or undesirable automated activity on portions of our system and/or website. When you use the reCAPTCHA functionality, Google may collect and process certain Device/Network Data, which may be collected via cookies and similar technologies to perform validation activities and for providing, maintaining and improving reCAPTCHA service, and for general security purposes. All Google services are subject to the Google Privacy Policy and Terms of Use. |
Hubspot | Vendor - a marketing automation platform and email marketing service where we store client and subscriber information including name and email address. We observe an opt-in policy, so we will not store or use your Personal Information for marketing purposes without your consent. We also store correspondence that you share with us. The vendor stores information for us as a processor of data and are prohibited contractually from using the information except as necessary to provide and improve subscription services and as required by law. |
Integrated Reporting is Simple, LLC (IRIS) | Vendor - Provides secure application portal for electronic payment services, including the gathering of required data for underwriting (Know-Your-Customer checks, TIN checks, bank verification) |
JotForm | Integrated tool for creation, publication and hosting of forms for data collection from camp attendees and allowing for email responses. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Microsoft Azure facial recognition service | Vendor – Facial recognition service creates an identity based on properties and measurement of a person’s face when used with our Campanion services. User information stored includes a training photo with an anonymized ID. |
Microsoft | Vendor - Hosts campminder.system test environment and houses all of CampMinder system database details. |
Neutrino API | Vendor – Streamlines credit card processing services between our clients and their clients by distinguishing the payment method between credit cards and debit cards |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Pendo.io | Vendor - Provides usage analytics that tracks user interactions with web and mobile applications and collects survey responses from users. |
Clientsuccess | Vendor - Enhances Client onboarding and support by tracking key metrics, automating tasks and workflows and providing trend analysis for best practices. Client data is stored temporarily and includes name, email and phone. |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Redis | Vendor - An open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Sterling | Vendor – Provides background checks for camp staff at client’s request, which requires camp to provide subject’s name, physical address, social security number, phone number and email address. |
TSYS Merchant Solutions, LLC dba Global Payments | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.TSYS.com/privacy-policy/ |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor - Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
Effective December 21st 2022 to December 22nd 2022
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Delaware limited liability company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties below for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you input information into an online form, sign up for a waiting list, register, or contact us directly.
Your Device: We may collect certain Personal Data automatically from your devices. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Sites, or when you open our marketing communications.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Data we create or Infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Users may register and create an account on our Services. When you register, we process certain Personal Data such as Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service. We use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Client’s users may submit inquiries, camper or event applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
We use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-camper or Client-applicant relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of camper or event attendee records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents or event organizers and attendees; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers or event attendees by the Client.
PURCHASES AND DONATIONS
On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client, or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free form content submission form).
On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to your rights and choices, we may also use Identity Data to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our Site for viewing by parents, event organizers and Client Administrators.
We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper or event attendee records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.).
MOBILE APPS
If you use our Mobile Apps, we process certain Personal Data, which typically includes Identity Data, Contact Data, Device/Network Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
We process the Identity Data, Contact Data, and Device/Network Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to your rights and choices, we may use the Identity Data, Contact Data, Device/Network Data, and Location Data to improve our services, and we may process this Device/Network Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
As part of our Service, we may allow parents, guardians, campers or event attendees to search for pictures of their camper or themselves in images uploaded by the Client. To do so, parents, guardians, campers or event attendees upload an image of their camper or themselves, which is then compared to the photos that have been uploaded by the Client, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Client and display those images to the camper, their parent or guardian, or event attendee. You can revoke your consent at any time as set forth in the your rights and choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third-party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
We may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data on behalf of our Clients in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Staffing data is used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers campers or event attendees, or other similar Special Category data, to the extent provided by the staffer, camper, parent or attendee.
On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we may process the Special Category Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
We, and certain third parties, may process Device/Network Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who visited our Site or who may be interested in our Service.
Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
BUSINESS PURPOSES OF PROCESSING
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example:
Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.
Personalization/Customization: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you so that it displays your or a Client’s name, to reflect appearance or display preferences, display recent or commonly used features or data, or other similar functionality.
Internal Processes and Service Improvement: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our improvement of the design of our Services, understanding how our Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to service use, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
AGGREGATE ANALYTICS
We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our creation of aggregate analytics relating to how our Services are used, company and investment trends, to understand how our service performs, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to users' rights and choices.
COMPLIANCE, HEALTH, SAFETY & PUBLIC INTEREST
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
OTHER PROCESSING OF PERSONAL DATA
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients and may share your Personal Data with Clients to the extent such information was provided to us for processing on their behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) We disclose Special Category Data and Face Recognition Data to service providers only with your consent where required by law.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state or country of residence, and may be limited by or subject to our or our Client’s rights in your Personal Data. In cases where we process Personal Data on our own behalf, you may exercise rights you have by contacting us. All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. For information regarding your rights in the EU/EEA/Swiss, or your California Privacy Rights, please see below.
YOUR CHOICES
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Online Advertising: You may opt out or withdraw your consent to behavioral advertising. You must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
In many cases, CampMinder acts a processor of Clients’ Personal Data. We may notify Clients of your data rights requests; however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data we control, and you may need to contact the Client regarding your request.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for the periods stated above, or if none, for so long as it remains relevant to its purpose or for so long as is required by law (if longer). As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients, event organizers and attendees and campers’ parents and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at: issues@campminder.com.
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
YOUR EU/EEA PRIVACY RIGHTS
Users of our Services in the EU/EEA/Switzerland (and certain other countries) may have the following rights:
Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law.
Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Right to Object: Where we process Personal Data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing: To the extent we process Personal Data using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact: You may have the right to file a complaint with regulators about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
PRIVACY RIGHTS
Right to Know: You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete: You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination: You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale: If we engage in sales of Personal Data (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes. At this time, we do not sell Personal Data.
SUBMISSION OF RIGHTS REQUESTS
You may submit requests by contacting us (see below for summary of required verification information).
VERIFICATION OF RIGHTS REQUESTS
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other information we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
SUPPLEMENTAL DATA PROCESSING DISCLOSURES
Categories of Personal Data Disclosed for Business Purposes: For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data; Transaction Data; Contact Data; Financial Data; Device/Network Data; Location Data; Special Category Data; Face Recognition Data; and Custom Content.
Data Sale: For purposes of the CCPA, we do not “sell” your Personal Data.
Right to Know:
Category of Data | Category of Sources | Business and Commercial Purposes | Category of Recipients |
Identity Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Transaction Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Contact Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Financial Data | You; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Device/Network Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Location Data | You; Your Devices | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Special Category Data | You; Clients | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Face Recognition Data | You; Service Providers; Data we Create/Infer | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Custom Content | You; Clients | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone:
303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Azure WAF Gateway | Vendor – Provides the web application firewall for the CampMinder system database that monitors all traffic coming into this system. |
Bee Plugin | Vendor - A tool for designing digital content embedded in our software to allow for enhanced and efficient email communication capabilities, with access to end user IP addresses and email content when the editor is used. |
Vendor – Provides an invoicing and accounts payable platform where we store information including client banking information, client contact information including name, address, phone number and email address | |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI, Concordia Language Villages, Nobles Day Camp, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, YMCA Camp Tecumseh, Camp Fitch YMCA, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC, Woodmont Day Camp | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
Camper Machine | Vendor - Provides marketing technology and consulting services for the summer camp industry. Vendor may integrate specific data from the Campminder System, provided to them by the camp that owns that data, into that camps marketing and/or relationship management program. |
CKEditor | Rich text editor embedded in our Gazebo software to allow for the creation of contracts, emails and HTML content . To provide this service for certain editor features, user IP addresses may be accessed. |
Cliq, CardWorks Acquiring LLC, Cynergy USA | Vendors - Provide electronic transaction processing services for certain CampMinder clients |
CloudFlare | Vendor – Provides the web application firewall for the Camp in Touch environment that monitors all traffic coming into this system. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
DropBox | Vendor – Cloud storage and user synchronization where we store accounting information including electronic reports that may include name, physical address, phone number, e-mail address and payment method information. |
EZ Texting | Vendor – Text messaging platform to whom we may provide, at our client’s request, their client’s names and phone numbers. |
Google | Vendor — provides Google Play Services, which includes an application marketplace for the purchase and updating of applications, and reCAPTCHA, which monitors user interactions with fundraising pages to detect behavioral anomalies to mitigate fraudulent behavior. Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. Google Docs and Drives are used as a passthrough service for custom templates for contracts, emails, invoices and other communication. These Docs are immediately deleted once they are delivered to the recipient. |
Hubspot | Vendor - a marketing automation platform and email marketing service where we store client and subscriber information including name and email address. We observe an opt-in policy, so we will not store or use your Personal Information for marketing purposes without your consent. We also store correspondence that you share with us. The vendor stores information for us as a processor of data and are prohibited contractually from using the information except as necessary to provide and improve subscription services and as required by law. |
Integrated Reporting is Simple, LLC (IRIS) | Vendor - Provides secure application portal for electronic payment services, including the gathering of required data for underwriting (Know-Your-Customer checks, TIN checks, bank verification) |
JotForm | Integrated tool for creation, publication and hosting of forms for data collection from camp attendees and allowing for email responses. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Microsoft Azure facial recognition service | Vendor – Facial recognition service creates an identity based on properties and measurement of a person’s face when used with our Campanion services. User information stored includes a training photo with an anonymized ID. |
Microsoft | Vendor - Hosts campminder.system test environment and houses all of CampMinder system database details. |
Neutrino API | Vendor – Streamlines credit card processing services between our clients and their clients by distinguishing the payment method between credit cards and debit cards |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Pendo.io | Vendor - Provides usage analytics that tracks user interactions with web and mobile applications and collects survey responses from users. |
Clientsuccess | Vendor - Enhances Client onboarding and support by tracking key metrics, automating tasks and workflows and providing trend analysis for best practices. Client data is stored temporarily and includes name, email and phone. |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Redis | Vendor - An open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Sterling | Vendor – Provides background checks for camp staff at client’s request, which requires camp to provide subject’s name, physical address, social security number, phone number and email address. |
TSYS Merchant Solutions, LLC dba Global Payments | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.TSYS.com/privacy-policy/ |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor - Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
Effective December 14th 2022 to December 21st 2022
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Delaware limited liability company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties below for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you input information into an online form, sign up for a waiting list, register, or contact us directly.
Your Device: We may collect certain Personal Data automatically from your devices. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Sites, or when you open our marketing communications.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Data we create or Infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Users may register and create an account on our Services. When you register, we process certain Personal Data such as Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service. We use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Client’s users may submit inquiries, camper or event applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
We use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-camper or Client-applicant relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of camper or event attendee records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents or event organizers and attendees; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers or event attendees by the Client.
PURCHASES AND DONATIONS
On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client, or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free form content submission form).
On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to your rights and choices, we may also use Identity Data to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our Site for viewing by parents, event organizers and Client Administrators.
We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper or event attendee records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.).
MOBILE APPS
If you use our Mobile Apps, we process certain Personal Data, which typically includes Identity Data, Contact Data, Device/Network Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
We process the Identity Data, Contact Data, and Device/Network Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to your rights and choices, we may use the Identity Data, Contact Data, Device/Network Data, and Location Data to improve our services, and we may process this Device/Network Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
As part of our Service, we may allow parents, guardians, campers or event attendees to search for pictures of their camper or themselves in images uploaded by the Client. To do so, parents, guardians, campers or event attendees upload an image of their camper or themselves, which is then compared to the photos that have been uploaded by the Client, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Client and display those images to the camper, their parent or guardian, or event attendee. You can revoke your consent at any time as set forth in the your rights and choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third-party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
We may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data on behalf of our Clients in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Staffing data is used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers campers or event attendees, or other similar Special Category data, to the extent provided by the staffer, camper, parent or attendee.
On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we may process the Special Category Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
We, and certain third parties, may process Device/Network Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who visited our Site or who may be interested in our Service.
Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
BUSINESS PURPOSES OF PROCESSING
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example:
Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.
Personalization/Customization: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you so that it displays your or a Client’s name, to reflect appearance or display preferences, display recent or commonly used features or data, or other similar functionality.
Internal Processes and Service Improvement: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our improvement of the design of our Services, understanding how our Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to service use, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
AGGREGATE ANALYTICS
We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our creation of aggregate analytics relating to how our Services are used, company and investment trends, to understand how our service performs, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to users' rights and choices.
COMPLIANCE, HEALTH, SAFETY & PUBLIC INTEREST
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
OTHER PROCESSING OF PERSONAL DATA
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients and may share your Personal Data with Clients to the extent such information was provided to us for processing on their behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) We disclose Special Category Data and Face Recognition Data to service providers only with your consent where required by law.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state or country of residence, and may be limited by or subject to our or our Client’s rights in your Personal Data. In cases where we process Personal Data on our own behalf, you may exercise rights you have by contacting us. All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. For information regarding your rights in the EU/EEA/Swiss, or your California Privacy Rights, please see below.
YOUR CHOICES
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Online Advertising: You may opt out or withdraw your consent to behavioral advertising. You must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
In many cases, CampMinder acts a processor of Clients’ Personal Data. We may notify Clients of your data rights requests; however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data we control, and you may need to contact the Client regarding your request.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for the periods stated above, or if none, for so long as it remains relevant to its purpose or for so long as is required by law (if longer). As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients, event organizers and attendees and campers’ parents and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at: issues@campminder.com.
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
YOUR EU/EEA PRIVACY RIGHTS
Users of our Services in the EU/EEA/Switzerland (and certain other countries) may have the following rights:
Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law.
Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Right to Object: Where we process Personal Data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing: To the extent we process Personal Data using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact: You may have the right to file a complaint with regulators about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
PRIVACY RIGHTS
Right to Know: You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete: You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination: You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale: If we engage in sales of Personal Data (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes. At this time, we do not sell Personal Data.
SUBMISSION OF RIGHTS REQUESTS
You may submit requests by contacting us (see below for summary of required verification information).
VERIFICATION OF RIGHTS REQUESTS
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other information we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
SUPPLEMENTAL DATA PROCESSING DISCLOSURES
Categories of Personal Data Disclosed for Business Purposes: For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data; Transaction Data; Contact Data; Financial Data; Device/Network Data; Location Data; Special Category Data; Face Recognition Data; and Custom Content.
Data Sale: For purposes of the CCPA, we do not “sell” your Personal Data.
Right to Know:
Category of Data | Category of Sources | Business and Commercial Purposes | Category of Recipients |
Identity Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Transaction Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Contact Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Financial Data | You; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Device/Network Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Location Data | You; Your Devices | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Special Category Data | You; Clients | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Face Recognition Data | You; Service Providers; Data we Create/Infer | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Custom Content | You; Clients | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone:
303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Azure WAF Gateway | Vendor – Provides the web application firewall for the CampMinder system database that monitors all traffic coming into this system. |
Bee Plugin | Vendor - A tool for designing digital content embedded in our software to allow for enhanced and efficient email communication capabilities, with access to end user IP addresses and email content when the editor is used. |
Vendor – Provides an invoicing and accounts payable platform where we store information including client banking information, client contact information including name, address, phone number and email address | |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI, Concordia Language Villages, Nobles Day Camp, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, YMCA Camp Tecumseh, Camp Fitch YMCA, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
CKEditor | Rich text editor embedded in our Gazebo software to allow for the creation of contracts, emails and HTML content . To provide this service for certain editor features, user IP addresses may be accessed. |
Cliq, CardWorks Acquiring LLC, Cynergy USA | Vendors - Provide electronic transaction processing services for certain CampMinder clients |
CloudFlare | Vendor – Provides the web application firewall for the Camp in Touch environment that monitors all traffic coming into this system. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
DropBox | Vendor – Cloud storage and user synchronization where we store accounting information including electronic reports that may include name, physical address, phone number, e-mail address and payment method information. |
EZ Texting | Vendor – Text messaging platform to whom we may provide, at our client’s request, their client’s names and phone numbers. |
Google | Vendor — provides Google Play Services, which includes an application marketplace for the purchase and updating of applications, and reCAPTCHA, which monitors user interactions with fundraising pages to detect behavioral anomalies to mitigate fraudulent behavior. Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. Google Docs and Drives are used as a passthrough service for custom templates for contracts, emails, invoices and other communication. These Docs are immediately deleted once they are delivered to the recipient. |
Hubspot | Vendor - a marketing automation platform and email marketing service where we store client and subscriber information including name and email address. We observe an opt-in policy, so we will not store or use your Personal Information for marketing purposes without your consent. We also store correspondence that you share with us. The vendor stores information for us as a processor of data and are prohibited contractually from using the information except as necessary to provide and improve subscription services and as required by law. |
Integrated Reporting is Simple, LLC (IRIS) | Vendor - Provides secure application portal for electronic payment services, including the gathering of required data for underwriting (Know-Your-Customer checks, TIN checks, bank verification) |
JotForm | Integrated tool for creation, publication and hosting of forms for data collection from camp attendees and allowing for email responses. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Microsoft Azure facial recognition service | Vendor – Facial recognition service creates an identity based on properties and measurement of a person’s face when used with our Campanion services. User information stored includes a training photo with an anonymized ID. |
Microsoft | Vendor - Hosts campminder.system test environment and houses all of CampMinder system database details. |
Neutrino API | Vendor – Streamlines credit card processing services between our clients and their clients by distinguishing the payment method between credit cards and debit cards |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Pendo.io | Vendor - Provides usage analytics that tracks user interactions with web and mobile applications and collects survey responses from users. |
Clientsuccess | Vendor - Enhances Client onboarding and support by tracking key metrics, automating tasks and workflows and providing trend analysis for best practices. Client data is stored temporarily and includes name, email and phone. |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Redis | Vendor - An open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Sterling | Vendor – Provides background checks for camp staff at client’s request, which requires camp to provide subject’s name, physical address, social security number, phone number and email address. |
TSYS Merchant Solutions, LLC dba Global Payments | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.TSYS.com/privacy-policy/ |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor - Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
Effective November 10th 2022 to December 14th 2022
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Delaware limited liability company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties below for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you input information into an online form, sign up for a waiting list, register, or contact us directly.
Your Device: We may collect certain Personal Data automatically from your devices. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Sites, or when you open our marketing communications.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Data we create or Infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Users may register and create an account on our Services. When you register, we process certain Personal Data such as Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service. We use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Client’s users may submit inquiries, camper or event applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
We use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-camper or Client-applicant relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of camper or event attendee records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents or event organizers and attendees; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers or event attendees by the Client.
PURCHASES AND DONATIONS
On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client, or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free form content submission form).
On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to your rights and choices, we may also use Identity Data to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our Site for viewing by parents, event organizers and Client Administrators.
We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper or event attendee records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.).
MOBILE APPS
If you use our Mobile Apps, we process certain Personal Data, which typically includes Identity Data, Contact Data, Device/Network Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
We process the Identity Data, Contact Data, and Device/Network Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to your rights and choices, we may use the Identity Data, Contact Data, Device/Network Data, and Location Data to improve our services, and we may process this Device/Network Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
As part of our Service, we may allow parents, guardians, campers or event attendees to search for pictures of their camper or themselves in images uploaded by the Client. To do so, parents, guardians, campers or event attendees upload an image of their camper or themselves, which is then compared to the photos that have been uploaded by the Client, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Client and display those images to the camper, their parent or guardian, or event attendee. You can revoke your consent at any time as set forth in the your rights and choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third-party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
We may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data on behalf of our Clients in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Staffing data is used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers campers or event attendees, or other similar Special Category data, to the extent provided by the staffer, camper, parent or attendee.
On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we may process the Special Category Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
We, and certain third parties, may process Device/Network Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who visited our Site or who may be interested in our Service.
Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
BUSINESS PURPOSES OF PROCESSING
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example:
Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.
Personalization/Customization: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you so that it displays your or a Client’s name, to reflect appearance or display preferences, display recent or commonly used features or data, or other similar functionality.
Internal Processes and Service Improvement: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our improvement of the design of our Services, understanding how our Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to service use, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
AGGREGATE ANALYTICS
We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our creation of aggregate analytics relating to how our Services are used, company and investment trends, to understand how our service performs, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to users' rights and choices.
COMPLIANCE, HEALTH, SAFETY & PUBLIC INTEREST
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
OTHER PROCESSING OF PERSONAL DATA
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients and may share your Personal Data with Clients to the extent such information was provided to us for processing on their behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) We disclose Special Category Data and Face Recognition Data to service providers only with your consent where required by law.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state or country of residence, and may be limited by or subject to our or our Client’s rights in your Personal Data. In cases where we process Personal Data on our own behalf, you may exercise rights you have by contacting us. All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. For information regarding your rights in the EU/EEA/Swiss, or your California Privacy Rights, please see below.
YOUR CHOICES
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Online Advertising: You may opt out or withdraw your consent to behavioral advertising. You must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
In many cases, CampMinder acts a processor of Clients’ Personal Data. We may notify Clients of your data rights requests; however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data we control, and you may need to contact the Client regarding your request.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for the periods stated above, or if none, for so long as it remains relevant to its purpose or for so long as is required by law (if longer). As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients, event organizers and attendees and campers’ parents and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at: issues@campminder.com.
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
YOUR EU/EEA PRIVACY RIGHTS
Users of our Services in the EU/EEA/Switzerland (and certain other countries) may have the following rights:
Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law.
Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Right to Object: Where we process Personal Data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing: To the extent we process Personal Data using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact: You may have the right to file a complaint with regulators about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
PRIVACY RIGHTS
Right to Know: You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete: You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination: You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale: If we engage in sales of Personal Data (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes. At this time, we do not sell Personal Data.
SUBMISSION OF RIGHTS REQUESTS
You may submit requests by contacting us (see below for summary of required verification information).
VERIFICATION OF RIGHTS REQUESTS
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other information we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
SUPPLEMENTAL DATA PROCESSING DISCLOSURES
Categories of Personal Data Disclosed for Business Purposes: For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data; Transaction Data; Contact Data; Financial Data; Device/Network Data; Location Data; Special Category Data; Face Recognition Data; and Custom Content.
Data Sale: For purposes of the CCPA, we do not “sell” your Personal Data.
Right to Know:
Category of Data | Category of Sources | Business and Commercial Purposes | Category of Recipients |
Identity Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Transaction Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Contact Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Financial Data | You; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Device/Network Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Location Data | You; Your Devices | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Special Category Data | You; Clients | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Face Recognition Data | You; Service Providers; Data we Create/Infer | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Custom Content | You; Clients | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone:
303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Azure WAF Gateway | Vendor – Provides the web application firewall for the CampMinder system database that monitors all traffic coming into this system. |
Bee Plugin | Vendor - A tool for designing digital content embedded in our software to allow for enhanced and efficient email communication capabilities, with access to end user IP addresses and email content when the editor is used. |
Vendor – Provides an invoicing and accounts payable platform where we store information including client banking information, client contact information including name, address, phone number and email address | |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI, Concordia Language Villages, Nobles Day Camp, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, YMCA Camp Tecumseh, Camp Fitch YMCA, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
CKEditor | Rich text editor embedded in our Gazebo software to allow for the creation of contracts, emails and HTML content . To provide this service for certain editor features, user IP addresses may be accessed. |
Cliq, CardWorks Acquiring LLC, Cynergy USA | Vendors - Provide electronic transaction processing services for certain CampMinder clients |
CloudFlare | Vendor – Provides the web application firewall for the Camp in Touch environment that monitors all traffic coming into this system. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
DropBox | Vendor – Cloud storage and user synchronization where we store accounting information including electronic reports that may include name, physical address, phone number, e-mail address and payment method information. |
EZ Texting | Vendor – Text messaging platform to whom we may provide, at our client’s request, their client’s names and phone numbers. |
Google | Vendor — provides Google Play Services, which includes application marketplace for the purchase and updating of application. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. Google Docs and Drives are used as a passthrough service for custom templates for contracts, emails, invoices and other communication. These Docs are immediately deleted once they are delivered to the recipient. |
Hubspot | Vendor - a marketing automation platform and email marketing service where we store client and subscriber information including name and email address. We observe an opt-in policy, so we will not store or use your Personal Information for marketing purposes without your consent. We also store correspondence that you share with us. The vendor stores information for us as a processor of data and are prohibited contractually from using the information except as necessary to provide and improve subscription services and as required by law. |
Integrated Reporting is Simple, LLC (IRIS) | Vendor - Provides secure application portal for electronic payment services, including the gathering of required data for underwriting (Know-Your-Customer checks, TIN checks, bank verification) |
JotForm | Integrated tool for creation, publication and hosting of forms for data collection from camp attendees and allowing for email responses. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Microsoft Azure facial recognition service | Vendor – Facial recognition service creates an identity based on properties and measurement of a person’s face when used with our Campanion services. User information stored includes a training photo with an anonymized ID. |
Microsoft | Vendor - Hosts campminder.system test environment and houses all of CampMinder system database details. |
Neutrino API | Vendor – Streamlines credit card processing services between our clients and their clients by distinguishing the payment method between credit cards and debit cards |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Pendo.io | Vendor - Provides usage analytics that tracks user interactions with web and mobile applications and collects survey responses from users. |
Clientsuccess | Vendor - Enhances Client onboarding and support by tracking key metrics, automating tasks and workflows and providing trend analysis for best practices. Client data is stored temporarily and includes name, email and phone. |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Redis | Vendor - An open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Sterling | Vendor – Provides background checks for camp staff at client’s request, which requires camp to provide subject’s name, physical address, social security number, phone number and email address. |
TSYS Merchant Solutions, LLC dba Global Payments | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.TSYS.com/privacy-policy/ |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor - Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
Effective August 30th 2022 to November 10th 2022
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Delaware limited liability company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties below for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you input information into an online form, sign up for a waiting list, register, or contact us directly.
Your Device: We may collect certain Personal Data automatically from your devices. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Sites, or when you open our marketing communications.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Data we create or Infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Users may register and create an account on our Services. When you register, we process certain Personal Data such as Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service. We use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Client’s users may submit inquiries, camper or event applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
We use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-camper or Client-applicant relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of camper or event attendee records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents or event organizers and attendees; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers or event attendees by the Client.
PURCHASES AND DONATIONS
On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client, or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free form content submission form).
On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to your rights and choices, we may also use Identity Data to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our Site for viewing by parents, event organizers and Client Administrators.
We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper or event attendee records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.).
MOBILE APPS
If you use our Mobile Apps, we process certain Personal Data, which typically includes Identity Data, Contact Data, Device/Network Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
We process the Identity Data, Contact Data, and Device/Network Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to your rights and choices, we may use the Identity Data, Contact Data, Device/Network Data, and Location Data to improve our services, and we may process this Device/Network Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
As part of our Service, we may allow parents, guardians, campers or event attendees to search for pictures of their camper or themselves in images uploaded by the Client. To do so, parents, guardians, campers or event attendees upload an image of their camper or themselves, which is then compared to the photos that have been uploaded by the Client, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Client and display those images to the camper, their parent or guardian, or event attendee. You can revoke your consent at any time as set forth in the your rights and choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third-party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
We may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data on behalf of our Clients in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Staffing data is used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers campers or event attendees, or other similar Special Category data, to the extent provided by the staffer, camper, parent or attendee.
On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we may process the Special Category Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
We, and certain third parties, may process Device/Network Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who visited our Site or who may be interested in our Service.
Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
BUSINESS PURPOSES OF PROCESSING
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example:
Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.
Personalization/Customization: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you so that it displays your or a Client’s name, to reflect appearance or display preferences, display recent or commonly used features or data, or other similar functionality.
Internal Processes and Service Improvement: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our improvement of the design of our Services, understanding how our Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to service use, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
AGGREGATE ANALYTICS
We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our creation of aggregate analytics relating to how our Services are used, company and investment trends, to understand how our service performs, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to users' rights and choices.
COMPLIANCE, HEALTH, SAFETY & PUBLIC INTEREST
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
OTHER PROCESSING OF PERSONAL DATA
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients and may share your Personal Data with Clients to the extent such information was provided to us for processing on their behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) We disclose Special Category Data and Face Recognition Data to service providers only with your consent where required by law.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state or country of residence, and may be limited by or subject to our or our Client’s rights in your Personal Data. In cases where we process Personal Data on our own behalf, you may exercise rights you have by contacting us. All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. For information regarding your rights in the EU/EEA/Swiss, or your California Privacy Rights, please see below.
YOUR CHOICES
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Online Advertising: You may opt out or withdraw your consent to behavioral advertising. You must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
In many cases, CampMinder acts a processor of Clients’ Personal Data. We may notify Clients of your data rights requests; however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data we control, and you may need to contact the Client regarding your request.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for the periods stated above, or if none, for so long as it remains relevant to its purpose or for so long as is required by law (if longer). As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients, event organizers and attendees and campers’ parents and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at: issues@campminder.com.
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
YOUR EU/EEA PRIVACY RIGHTS
Users of our Services in the EU/EEA/Switzerland (and certain other countries) may have the following rights:
Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law.
Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Right to Object: Where we process Personal Data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing: To the extent we process Personal Data using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact: You may have the right to file a complaint with regulators about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
PRIVACY RIGHTS
Right to Know: You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete: You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination: You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale: If we engage in sales of Personal Data (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes. At this time, we do not sell Personal Data.
SUBMISSION OF RIGHTS REQUESTS
You may submit requests by contacting us (see below for summary of required verification information).
VERIFICATION OF RIGHTS REQUESTS
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other information we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
SUPPLEMENTAL DATA PROCESSING DISCLOSURES
Categories of Personal Data Disclosed for Business Purposes: For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data; Transaction Data; Contact Data; Financial Data; Device/Network Data; Location Data; Special Category Data; Face Recognition Data; and Custom Content.
Data Sale: For purposes of the CCPA, we do not “sell” your Personal Data.
Right to Know:
Category of Data | Category of Sources | Business and Commercial Purposes | Category of Recipients |
Identity Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Transaction Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Contact Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Financial Data | You; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Device/Network Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Location Data | You; Your Devices | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Special Category Data | You; Clients | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Face Recognition Data | You; Service Providers; Data we Create/Infer | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Custom Content | You; Clients | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone:
303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Azure WAF Gateway | Vendor – Provides the web application firewall for the CampMinder system database that monitors all traffic coming into this system. |
Bee Plugin | Vendor - A tool for designing digital content embedded in our software to allow for enhanced and efficient email communication capabilities, with access to end user IP addresses and email content when the editor is used. |
Vendor – Provides an invoicing and accounts payable platform where we store information including client banking information, client contact information including name, address, phone number and email address | |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI, Concordia Language Villages, Nobles Day Camp, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, YMCA Camp Tecumseh, Camp Fitch YMCA, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
Cliq, CardWorks Acquiring LLC, Cynergy USA | Vendors - Provide electronic transaction processing services for certain CampMinder clients |
CloudFlare | Vendor – Provides the web application firewall for the Camp in Touch environment that monitors all traffic coming into this system. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
DropBox | Vendor – Cloud storage and user synchronization where we store accounting information including electronic reports that may include name, physical address, phone number, e-mail address and payment method information. |
EZ Texting | Vendor – Text messaging platform to whom we may provide, at our client’s request, their client’s names and phone numbers. |
Google | Vendor — provides Google Play Services, which includes application marketplace for the purchase and updating of application. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. Google Docs and Drives are used as a passthrough service for custom templates for contracts, emails, invoices and other communication. These Docs are immediately deleted once they are delivered to the recipient. |
Hubspot | Vendor - a marketing automation platform and email marketing service where we store client and subscriber information including name and email address. We observe an opt-in policy, so we will not store or use your Personal Information for marketing purposes without your consent. We also store correspondence that you share with us. The vendor stores information for us as a processor of data and are prohibited contractually from using the information except as necessary to provide and improve subscription services and as required by law. |
Integrated Reporting is Simple, LLC (IRIS) | Vendor - Provides secure application portal for electronic payment services, including the gathering of required data for underwriting (Know-Your-Customer checks, TIN checks, bank verification) |
JotForm | Integrated tool for creation, publication and hosting of forms for data collection from camp attendees and allowing for email responses. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Microsoft Azure facial recognition service | Vendor – Facial recognition service creates an identity based on properties and measurement of a person’s face when used with our Campanion services. User information stored includes a training photo with an anonymized ID. |
Microsoft | Vendor - Hosts campminder.system test environment and houses all of CampMinder system database details. |
Neutrino API | Vendor – Streamlines credit card processing services between our clients and their clients by distinguishing the payment method between credit cards and debit cards |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Pendo.io | Vendor - Provides usage analytics that tracks user interactions with web and mobile applications and collects survey responses from users. |
Clientsuccess | Vendor - Enhances Client onboarding and support by tracking key metrics, automating tasks and workflows and providing trend analysis for best practices. Client data is stored temporarily and includes name, email and phone. |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Redis | Vendor - An open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Sterling | Vendor – Provides background checks for camp staff at client’s request, which requires camp to provide subject’s name, physical address, social security number, phone number and email address. |
TSYS Merchant Solutions, LLC dba Global Payments | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.TSYS.com/privacy-policy/ |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor - Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
Effective March 7th 2022 to August 30th 2022
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Delaware limited liability company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties below for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you input information into an online form, sign up for a waiting list, register, or contact us directly.
Your Device: We may collect certain Personal Data automatically from your devices. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Sites, or when you open our marketing communications.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Data we create or Infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Users may register and create an account on our Services. When you register, we process certain Personal Data such as Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service. We use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Client’s users may submit inquiries, camper or event applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
We use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-camper or Client-applicant relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of camper or event attendee records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents or event organizers and attendees; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers or event attendees by the Client.
PURCHASES AND DONATIONS
On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client, or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free form content submission form).
On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to your rights and choices, we may also use Identity Data to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our Site for viewing by parents, event organizers and Client Administrators.
We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper or event attendee records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.).
MOBILE APPS
If you use our Mobile Apps, we process certain Personal Data, which typically includes Identity Data, Contact Data, Device/Network Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
We process the Identity Data, Contact Data, and Device/Network Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to your rights and choices, we may use the Identity Data, Contact Data, Device/Network Data, and Location Data to improve our services, and we may process this Device/Network Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
As part of our Service, we may allow parents, guardians, campers or event attendees to search for pictures of their camper or themselves in images uploaded by the Client. To do so, parents, guardians, campers or event attendees upload an image of their camper or themselves, which is then compared to the photos that have been uploaded by the Client, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Client and display those images to the camper, their parent or guardian, or event attendee. You can revoke your consent at any time as set forth in the your rights and choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third-party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
We may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data on behalf of our Clients in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Staffing data is used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers campers or event attendees, or other similar Special Category data, to the extent provided by the staffer, camper, parent or attendee.
On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we may process the Special Category Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
We, and certain third parties, may process Device/Network Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who visited our Site or who may be interested in our Service.
Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
BUSINESS PURPOSES OF PROCESSING
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example:
Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.
Personalization/Customization: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you so that it displays your or a Client’s name, to reflect appearance or display preferences, display recent or commonly used features or data, or other similar functionality.
Internal Processes and Service Improvement: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our improvement of the design of our Services, understanding how our Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to service use, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
AGGREGATE ANALYTICS
We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our creation of aggregate analytics relating to how our Services are used, company and investment trends, to understand how our service performs, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to users' rights and choices.
COMPLIANCE, HEALTH, SAFETY & PUBLIC INTEREST
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
OTHER PROCESSING OF PERSONAL DATA
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients and may share your Personal Data with Clients to the extent such information was provided to us for processing on their behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) We disclose Special Category Data and Face Recognition Data to service providers only with your consent where required by law.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state or country of residence, and may be limited by or subject to our or our Client’s rights in your Personal Data. In cases where we process Personal Data on our own behalf, you may exercise rights you have by contacting us. All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. For information regarding your rights in the EU/EEA/Swiss, or your California Privacy Rights, please see below.
YOUR CHOICES
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Online Advertising: You may opt out or withdraw your consent to behavioral advertising. You must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
In many cases, CampMinder acts a processor of Clients’ Personal Data. We may notify Clients of your data rights requests; however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data we control, and you may need to contact the Client regarding your request.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for the periods stated above, or if none, for so long as it remains relevant to its purpose or for so long as is required by law (if longer). As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients, event organizers and attendees and campers’ parents and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at: issues@campminder.com.
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
YOUR EU/EEA PRIVACY RIGHTS
Users of our Services in the EU/EEA/Switzerland (and certain other countries) may have the following rights:
Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law.
Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Right to Object: Where we process Personal Data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing: To the extent we process Personal Data using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact: You may have the right to file a complaint with regulators about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
PRIVACY RIGHTS
Right to Know: You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete: You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination: You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale: If we engage in sales of Personal Data (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes. At this time, we do not sell Personal Data.
SUBMISSION OF RIGHTS REQUESTS
You may submit requests by contacting us (see below for summary of required verification information).
VERIFICATION OF RIGHTS REQUESTS
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other information we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
SUPPLEMENTAL DATA PROCESSING DISCLOSURES
Categories of Personal Data Disclosed for Business Purposes: For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data; Transaction Data; Contact Data; Financial Data; Device/Network Data; Location Data; Special Category Data; Face Recognition Data; and Custom Content.
Data Sale: For purposes of the CCPA, we do not “sell” your Personal Data.
Right to Know:
Category of Data | Category of Sources | Business and Commercial Purposes | Category of Recipients |
Identity Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Transaction Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Contact Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Financial Data | You; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Device/Network Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Location Data | You; Your Devices | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Special Category Data | You; Clients | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Face Recognition Data | You; Service Providers; Data we Create/Infer | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Custom Content | You; Clients | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone:
303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Azure WAF Gateway | Vendor – Provides the web application firewall for the CampMinder system database that monitors all traffic coming into this system. |
Vendor – Provides an invoicing and accounts payable platform where we store information including client banking information, client contact information including name, address, phone number and email address | |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Falling Creek Camp, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI,Concordia Language Villages, Nobles Day Camp, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, YMCA Camp Tecumseh, Camp Fitch YMCA, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
CardWorks Acquiring, LLC | Vendor - Provides electronic transaction payment services for certain CampMinder clients |
Cliq | Vendor - Provides electronic transaction processing services for certain CampMinder clients that are also subject to the privacy policy found at https://www.cliq.com/privacy/ |
CloudFlare | Vendor – Provides the web application firewall for the Camp in Touch environment that monitors all traffic coming into this system. |
Cynergy USA | Vendor - Provides electronic transaction payment services for certain CampMinder clients that are also subject to privacy policy found at https://www.cynergydatagroup.com/privacy.html |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
DropBox | Vendor – Cloud storage and user synchronization where we store accounting information including electronic reports that may include name, physical address, phone number, e-mail address and payment method information. |
EZ Texting | Vendor – Text messaging platform to whom we may provide, at our client’s request, their client’s names and phone numbers. |
Google | Vendor — provides Google Play Services, which includes application marketplace for the purchase and updating of application. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. Google Docs and Drives are used as a passthrough service for custom templates for contracts, emails, invoices and other communication. These Docs are immediately deleted once they are delivered to the recipient. |
Hubspot | Vendor - a marketing automation platform and email marketing service where we store client and subscriber information including name and email address. We observe an opt-in policy, so we will not store or use your Personal Information for marketing purposes without your consent. We also store correspondence that you share with us. The vendor stores information for us as a processor of data and are prohibited contractually from using the information except as necessary to provide and improve subscription services and as required by law. |
JotForm | Integrated tool for creation, publication and hosting of forms for data collection from camp attendees and allowing for email responses. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Microsoft Azure facial recognition service | Vendor – Facial recognition service creates an identity based on properties and measurement of a person’s face when used with our Campanion services. User information stored includes a training photo with an anonymized ID. |
Microsoft | Vendor - Hosts campminder.system test environment and houses all of CampMinder system database details. |
Neutrino API | Vendor – Streamlines credit card processing services between our clients and their clients by distinguishing the payment method between credit cards and debit cards |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Pendo.io | Vendor - Provides usage analytics that tracks user interactions with web and mobile applications and collects survey responses from users. |
Quala.io | Vendor - Enhances Client onboarding and support by tracking key metrics, automating tasks and workflows and providing trend analysis for best practices. Client data is stored temporarily and includes name, email and phone. |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Redis | Vendor - An open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Sterling | Vendor – Provides background checks for camp staff at client’s request, which requires camp to provide subject’s name, physical address, social security number, phone number and email address. |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor - Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
Effective November 19th 2021 to March 7th 2022
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Delaware limited liability company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties below for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you input information into an online form, sign up for a waiting list, register, or contact us directly.
Your Device: We may collect certain Personal Data automatically from your devices. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Sites, or when you open our marketing communications.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Data we create or Infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Users may register and create an account on our Services. When you register, we process certain Personal Data such as Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service. We use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Client’s users may submit inquiries, camper or event applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
We use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-camper or Client-applicant relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of camper or event attendee records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents or event organizers and attendees; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers or event attendees by the Client.
PURCHASES AND DONATIONS
On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client, or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free form content submission form).
On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to your rights and choices, we may also use Identity Data to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our Site for viewing by parents, event organizers and Client Administrators.
We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper or event attendee records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.).
MOBILE APPS
If you use our Mobile Apps, we process certain Personal Data, which typically includes Identity Data, Contact Data, Device/Network Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
We process the Identity Data, Contact Data, and Device/Network Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to your rights and choices, we may use the Identity Data, Contact Data, Device/Network Data, and Location Data to improve our services, and we may process this Device/Network Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
As part of our Service, we may allow parents, guardians, campers or event attendees to search for pictures of their camper or themselves in images uploaded by the Client. To do so, parents, guardians, campers or event attendees upload an image of their camper or themselves, which is then compared to the photos that have been uploaded by the Client, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Client and display those images to the camper, their parent or guardian, or event attendee. You can revoke your consent at any time as set forth in the your rights and choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third-party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
We may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data on behalf of our Clients in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Staffing data is used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers campers or event attendees, or other similar Special Category data, to the extent provided by the staffer, camper, parent or attendee.
On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we may process the Special Category Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
We, and certain third parties, may process Device/Network Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who visited our Site or who may be interested in our Service.
Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
BUSINESS PURPOSES OF PROCESSING
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example:
Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.
Personalization/Customization: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you so that it displays your or a Client’s name, to reflect appearance or display preferences, display recent or commonly used features or data, or other similar functionality.
Internal Processes and Service Improvement: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our improvement of the design of our Services, understanding how our Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to service use, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
AGGREGATE ANALYTICS
We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our creation of aggregate analytics relating to how our Services are used, company and investment trends, to understand how our service performs, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to users' rights and choices.
COMPLIANCE, HEALTH, SAFETY & PUBLIC INTEREST
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
OTHER PROCESSING OF PERSONAL DATA
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients and may share your Personal Data with Clients to the extent such information was provided to us for processing on their behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) We disclose Special Category Data and Face Recognition Data to service providers only with your consent where required by law.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state or country of residence, and may be limited by or subject to our or our Client’s rights in your Personal Data. In cases where we process Personal Data on our own behalf, you may exercise rights you have by contacting us. All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. For information regarding your rights in the EU/EEA/Swiss, or your California Privacy Rights, please see below.
YOUR CHOICES
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Online Advertising: You may opt out or withdraw your consent to behavioral advertising. You must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
In many cases, CampMinder acts a processor of Clients’ Personal Data. We may notify Clients of your data rights requests; however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data we control, and you may need to contact the Client regarding your request.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for the periods stated above, or if none, for so long as it remains relevant to its purpose or for so long as is required by law (if longer). As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients, event organizers and attendees and campers’ parents and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at: issues@campminder.com.
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
YOUR EU/EEA PRIVACY RIGHTS
Users of our Services in the EU/EEA/Switzerland (and certain other countries) may have the following rights:
Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law.
Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Right to Object: Where we process Personal Data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing: To the extent we process Personal Data using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact: You may have the right to file a complaint with regulators about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
PRIVACY RIGHTS
Right to Know: You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete: You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination: You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale: If we engage in sales of Personal Data (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes. At this time, we do not sell Personal Data.
SUBMISSION OF RIGHTS REQUESTS
You may submit requests by contacting us (see below for summary of required verification information).
VERIFICATION OF RIGHTS REQUESTS
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other information we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
SUPPLEMENTAL DATA PROCESSING DISCLOSURES
Categories of Personal Data Disclosed for Business Purposes: For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data; Transaction Data; Contact Data; Financial Data; Device/Network Data; Location Data; Special Category Data; Face Recognition Data; and Custom Content.
Data Sale: For purposes of the CCPA, we do not “sell” your Personal Data.
Right to Know:
Category of Data | Category of Sources | Business and Commercial Purposes | Category of Recipients |
Identity Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Transaction Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Contact Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Financial Data | You; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Device/Network Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Location Data | You; Your Devices | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Special Category Data | You; Clients | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Face Recognition Data | You; Service Providers; Data we Create/Infer | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Custom Content | You; Clients | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone:
303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Azure WAF Gateway | Vendor – Provides the web application firewall for the CampMinder system database that monitors all traffic coming into this system. |
Vendor – Provides an invoicing and accounts payable platform where we store information including client banking information, client contact information including name, address, phone number and email address | |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Falling Creek Camp, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI,Concordia Language Villages, Nobles Day Camp, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, YMCA Camp Tecumseh, Camp Fitch YMCA, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
CardWorks Acquiring, LLC | Vendor - Provides electronic transaction payment services for certain CampMinder clients |
Cliq | Vendor - Provides electronic transaction processing services for certain CampMinder clients that are also subject to the privacy policy found at https://www.cliq.com/privacy/ |
CloudFlare | Vendor – Provides the web application firewall for the Camp in Touch environment that monitors all traffic coming into this system. |
Cynergy USA | Vendor - Provides electronic transaction payment services for certain CampMinder clients that are also subject to privacy policy found at https://www.cynergydatagroup.com/privacy.html |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
DropBox | Vendor – Cloud storage and user synchronization where we store accounting information including electronic reports that may include name, physical address, phone number, e-mail address and payment method information. |
EZ Texting | Vendor – Text messaging platform to whom we may provide, at our client’s request, their client’s names and phone numbers. |
Google | Vendor — provides Google Play Services, which includes application marketplace for the purchase and updating of application. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. Google Docs and Drives are used as a passthrough service for custom templates for contracts, emails, invoices and other communication. These Docs are immediately deleted once they are delivered to the recipient. |
JotForm | Integrated tool for creation, publication and hosting of forms for data collection from camp attendees and allowing for email responses. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Microsoft Azure facial recognition service | Vendor – Facial recognition service creates an identity based on properties and measurement of a person’s face when used with our Campanion services. User information stored includes a training photo with an anonymized ID. |
Microsoft | Vendor - Hosts campminder.system test environment and houses all of CampMinder system database details. |
Neutrino API | Vendor – Streamlines credit card processing services between our clients and their clients by distinguishing the payment method between credit cards and debit cards |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Pendo.io | Vendor - Provides usage analytics that tracks user interactions with web and mobile applications and collects survey responses from users. |
Quala.io | Vendor - Enhances Client onboarding and support by tracking key metrics, automating tasks and workflows and providing trend analysis for best practices. Client data is stored temporarily and includes name, email and phone. |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Redis | Vendor - An open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Sterling | Vendor – Provides background checks for camp staff at client’s request, which requires camp to provide subject’s name, physical address, social security number, phone number and email address. |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor - Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
Effective November 19th 2021 to November 19th 2021
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Delaware limited liability company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties below for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you input information into an online form, sign up for a waiting list, register, or contact us directly.
Your Device: We may collect certain Personal Data automatically from your devices. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Sites, or when you open our marketing communications.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Data we create or Infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Users may register and create an account on our Services. When you register, we process certain Personal Data such as Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service. We use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Client’s users may submit inquiries, camper or event applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
We use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-camper or Client-applicant relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of camper or event attendee records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents or event organizers and attendees; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers or event attendees by the Client.
PURCHASES AND DONATIONS
On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client, or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free form content submission form).
On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to your rights and choices, we may also use Identity Data to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our Site for viewing by parents, event organizers and Client Administrators.
We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper or event attendee records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.).
MOBILE APPS
If you use our Mobile Apps, we process certain Personal Data, which typically includes Identity Data, Contact Data, Device/Network Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
We process the Identity Data, Contact Data, and Device/Network Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to your rights and choices, we may use the Identity Data, Contact Data, Device/Network Data, and Location Data to improve our services, and we may process this Device/Network Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
As part of our Service, we may allow parents, guardians, campers or event attendees to search for pictures of their camper or themselves in images uploaded by the Client. To do so, parents, guardians, campers or event attendees upload an image of their camper or themselves, which is then compared to the photos that have been uploaded by the Client, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Client and display those images to the camper, their parent or guardian, or event attendee. You can revoke your consent at any time as set forth in the your rights and choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third-party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
We may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data on behalf of our Clients in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Staffing data is used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers campers or event attendees, or other similar Special Category data, to the extent provided by the staffer, camper, parent or attendee.
On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we may process the Special Category Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
We, and certain third parties, may process Device/Network Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who visited our Site or who may be interested in our Service.
Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
BUSINESS PURPOSES OF PROCESSING
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example:
Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.
Personalization/Customization: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you so that it displays your or a Client’s name, to reflect appearance or display preferences, display recent or commonly used features or data, or other similar functionality.
Internal Processes and Service Improvement: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our improvement of the design of our Services, understanding how our Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to service use, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
AGGREGATE ANALYTICS
We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our creation of aggregate analytics relating to how our Services are used, company and investment trends, to understand how our service performs, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to users' rights and choices.
COMPLIANCE, HEALTH, SAFETY & PUBLIC INTEREST
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
OTHER PROCESSING OF PERSONAL DATA
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients and may share your Personal Data with Clients to the extent such information was provided to us for processing on their behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) We disclose Special Category Data and Face Recognition Data to service providers only with your consent where required by law.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state or country of residence, and may be limited by or subject to our or our Client’s rights in your Personal Data. In cases where we process Personal Data on our own behalf, you may exercise rights you have by contacting us. All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. For information regarding your rights in the EU/EEA/Swiss, or your California Privacy Rights, please see below.
YOUR CHOICES
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Online Advertising: You may opt out or withdraw your consent to behavioral advertising. You must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
In many cases, CampMinder acts a processor of Clients’ Personal Data. We may notify Clients of your data rights requests; however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data we control, and you may need to contact the Client regarding your request.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for the periods stated above, or if none, for so long as it remains relevant to its purpose or for so long as is required by law (if longer). As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients, event organizers and attendees and campers’ parents and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at: issues@campminder.com.
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
YOUR EU/EEA PRIVACY RIGHTS
Users of our Services in the EU/EEA/Switzerland (and certain other countries) may have the following rights:
Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law.
Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Right to Object: Where we process Personal Data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing: To the extent we process Personal Data using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact: You may have the right to file a complaint with regulators about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
PRIVACY RIGHTS
Right to Know: You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete: You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination: You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale: If we engage in sales of Personal Data (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes. At this time, we do not sell Personal Data.
SUBMISSION OF RIGHTS REQUESTS
You may submit requests by contacting us (see below for summary of required verification information).
VERIFICATION OF RIGHTS REQUESTS
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other information we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
SUPPLEMENTAL DATA PROCESSING DISCLOSURES
Categories of Personal Data Disclosed for Business Purposes: For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data; Transaction Data; Contact Data; Financial Data; Device/Network Data; Location Data; Special Category Data; Face Recognition Data; and Custom Content.
Data Sale: For purposes of the CCPA, we do not “sell” your Personal Data.
Right to Know:
Category of Data | Category of Sources | Business and Commercial Purposes | Category of Recipients |
Identity Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Transaction Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Contact Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Financial Data | You; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Device/Network Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Location Data | You; Your Devices | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Special Category Data | You; Clients | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Face Recognition Data | You; Service Providers; Data we Create/Infer | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Custom Content | You; Clients | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone:
303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Azure WAF Gateway | Vendor – Provides the web application firewall for the CampMinder system database that monitors all traffic coming into this system. |
Vendor – Provides an invoicing and accounts payable platform where we store information including client banking information, client contact information including name, address, phone number and email address | |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Falling Creek Camp, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI,Concordia Language Villages, Nobles Day Camp, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, YMCA Camp Tecumseh, Camp Fitch YMCA, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
CardWorks Acquiring, LLC | Vendor - Provides electronic transaction payment services for certain CampMinder clients |
Cliq | Vendor - Provides electronic transaction processing services for certain CampMinder clients that are also subject to the privacy policy found at https://www.cliq.com/privacy/ |
CloudFlare | Vendor – Provides the web application firewall for the Camp in Touch environment that monitors all traffic coming into this system. |
Cynergy USA | Vendor - Provides electronic transaction payment services for certain CampMinder clients that are also subject to privacy policy found at https://www.cynergydatagroup.com/privacy.html |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
DropBox | Vendor – Cloud storage and user synchronization where we store accounting information including electronic reports that may include name, physical address, phone number, e-mail address and payment method information. |
EZ Texting | Vendor – Text messaging platform to whom we may provide, at our client’s request, their client’s names and phone numbers. |
Google | Vendor — provides Google Play Services, which includes application marketplace for the purchase and updating of application. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. Google Docs and Drives are used as a passthrough service for custom templates for contracts, emails, invoices and other communication. These Docs are immediately deleted once they are delivered to the recipient. |
JotForm | Integrated tool for creation, publication and hosting of forms for data collection from camp attendees and allowing for email responses. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Microsoft Azure facial recognition service | Vendor – Facial recognition service creates an identity based on properties and measurement of a person’s face when used with our Campanion services. User information stored includes a training photo with an anonymized ID. |
Microsoft | Vendor - Hosts campminder.system test environment and houses all of CampMinder system database details. |
Neutrino API | Vendor – Streamlines credit card processing services between our clients and their clients by distinguishing the payment method between credit cards and debit cards |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Pendo.io | Vendor - Provides usage analytics that tracks user interactions with web and mobile applications and collects survey responses from users. |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Redis | Vendor - An open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Sterling | Vendor – Provides background checks for camp staff at client’s request, which requires camp to provide subject’s name, physical address, social security number, phone number and email address. |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor - Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
Effective June 15th 2021 to November 19th 2021
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Delaware limited liability company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties below for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you input information into an online form, sign up for a waiting list, register, or contact us directly.
Your Device: We may collect certain Personal Data automatically from your devices. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Sites, or when you open our marketing communications.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Data we create or Infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Users may register and create an account on our Services. When you register, we process certain Personal Data such as Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service. We use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Client’s users may submit inquiries, camper applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
We use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-camper relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of camper records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers by the Client.
PURCHASES AND DONATIONS
On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client, or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free form content submission form).
On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to your rights and choices, we may also use Identity Data to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our Site for viewing by parents and Client Administrators.
We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.).
MOBILE APPS
If you use our Mobile Apps, we process certain Personal Data, which typically includes Identity Data, Contact Data, Device/Network Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
We process the Identity Data, Contact Data, and Device/Network Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to your rights and choices, we may use the Identity Data, Contact Data, Device/Network Data, and Location Data to improve our services, and we may process this Device/Network Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
As part of our Service, we may allow parents, guardians, and campers to search for pictures of their camper in images uploaded by the Camp. To do so, parents/guardians/campers upload an image of their camper, which is then compared to the photos that have been uploaded to the Camp, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Camp and display those images to the Camper and their parent/guardian. You can revoke your consent at any time as set forth in the your rights and choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third-party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
We may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data on behalf of our Clients in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Staffing data is used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers or campers, or other similar Special Category data, to the extent provided by the staffer, camper, or parent.
On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we may process the Special Category Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
We, and certain third parties, may process Device/Network Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who visited our Site or who may be interested in our Service.
Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
BUSINESS PURPOSES OF PROCESSING
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example:
Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.
Personalization/Customization: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you so that it displays your or a Client’s name, to reflect appearance or display preferences, display recent or commonly used features or data, or other similar functionality.
Internal Processes and Service Improvement: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our improvement of the design of our Services, understanding how our Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to service use, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
AGGREGATE ANALYTICS
We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our creation of aggregate analytics relating to how our Services are used, company and investment trends, to understand how our service performs, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to users' rights and choices.
COMPLIANCE, HEALTH, SAFETY & PUBLIC INTEREST
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
OTHER PROCESSING OF PERSONAL DATA
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients and may share your Personal Data with Clients to the extent such information was provided to us for processing on their behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) We disclose Special Category Data and Face Recognition Data to service providers only with your consent where required by law.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state or country of residence, and may be limited by or subject to our or our Client’s rights in your Personal Data. In cases where we process Personal Data on our own behalf, you may exercise rights you have by contacting us. All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. For information regarding your rights in the EU/EEA/Swiss, or your California Privacy Rights, please see below.
YOUR CHOICES
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Online Advertising: You may opt out or withdraw your consent to behavioral advertising. You must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
In many cases, CampMinder acts a processor of Clients’ Personal Data. We may notify Clients of your data rights requests; however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data we control, and you may need to contact the Client regarding your request.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for the periods stated above, or if none, for so long as it remains relevant to its purpose or for so long as is required by law (if longer). As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients and campers’ parents and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at: issues@campminder.com.
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
YOUR EU/EEA PRIVACY RIGHTS
Users of our Services in the EU/EEA/Switzerland (and certain other countries) may have the following rights:
Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law.
Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Right to Object: Where we process Personal Data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing: To the extent we process Personal Data using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact: You may have the right to file a complaint with regulators about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
PRIVACY RIGHTS
Right to Know: You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete: You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination: You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale: If we engage in sales of Personal Data (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes. At this time, we do not sell Personal Data.
SUBMISSION OF RIGHTS REQUESTS
You may submit requests by contacting us (see below for summary of required verification information).
VERIFICATION OF RIGHTS REQUESTS
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other information we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
SUPPLEMENTAL DATA PROCESSING DISCLOSURES
Categories of Personal Data Disclosed for Business Purposes: For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data; Transaction Data; Contact Data; Financial Data; Device/Network Data; Location Data; Special Category Data; Face Recognition Data; and Custom Content.
Data Sale: For purposes of the CCPA, we do not “sell” your Personal Data.
Right to Know:
Category of Data | Category of Sources | Business and Commercial Purposes | Category of Recipients |
Identity Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Transaction Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Contact Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Financial Data | You; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Device/Network Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Location Data | You; Your Devices | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Special Category Data | You; Clients | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Face Recognition Data | You; Service Providers; Data we Create/Infer | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Custom Content | You; Clients | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone:
303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Microsoft | Vendor – Hosted campminder.system test environment. Houses all CampMinder system database details. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Flexential | Vendor – PCI compliant server environment where transaction data is stored; data includes payments made to our clients by their clients for registration fees. |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Geotrust | Vendor – SSL certificate which provides secure, encrypted communications between a website and an internet browser. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor – Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Bill.com | Vendor – Provides a bookkeeping platform where we store information including client banking information, client contact information including name, address, phone number and email address |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Cliq | Provides transaction processing services for certain CampMinder clients |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Falling Creek Camp, Camp Huawni, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Camp Granite Lake, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Camp Woodward West, Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI, Concordia Language Villages, Nobles Day Camp, YMCA Vanderbilt, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Mitzvah Corps, URJ NFTY in Israel, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, PALS Program, YMCA Camp Tecumseh, Camp Fitch YMCA, Cape Cod Sea Camps, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
Vendor — provides Google Play Services, which includes application marketplace for the purchase and updating of application. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. | |
Redis | Vendor - Redis is an open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Mixpanel | Vendor – Provides usage analytics that tracks user interactions with web and mobile applications. |
Crash Analytics | Vendor – Provides identify, alert and report on web and mobile crashes, in production or on development/testing environments. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
JotForm | Integrated tool for creation, publication and hosting of forms for data collection from camp attendees and allowing for email responses. |
Neutrino API | Vendor – Streamlines credit card processing services between our clients and their clients by distinguishing the payment method between credit cards and debit cards |
CloudFlare | Vendor – Provides the web application firewall for the Camp in Touch environment that monitors all traffic coming into this system. |
Azure WAF Gateway | Vendor – Provides the web application firewall for the CampMinder system database that monitors all traffic coming into this system. |
Cynergy USA | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.cynergydatagroup.com/privacy.html |
CardWorks Acquiring, LLC | Vendor - Provides electronic transaction payment services for certain CampMinder clients |
MailChimp | Vendor – a marketing automation platform and email marketing service where we store client information including name and email address |
EZ Texting | Vendor – Text messaging platform to whom we may provide, at our client’s request, their client’s names and phone numbers. |
Microsoft Azure facial recognition service | Vendor – Facial recognition service creates an identity based on properties and measurement of a person’s face when used with our Campanion services. User information stored includes a training photo with an anonymized ID. |
DropBox | Vendor – Cloud storage and user synchronization where we store accounting information including electronic reports that may include name, physical address, phone number, e-mail address and payment method information. |
Sterling | Vendor – Provides background checks for camp staff at client’s request, which requires camp to provide subject’s name, physical address, social security number, phone number and email address. |
Effective February 18th 2021 to June 15th 2021
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Delaware limited liability company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you input information into an online form, sign up for a waiting list, register, or contact us directly.
Your Device: We may collect certain Personal Data automatically from your devices. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Sites, or when you open our marketing communications.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Data we create or Infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Users may register and create an account on our Services. When you register, we process certain Personal Data such as Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service. We use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Client’s users may submit inquiries, camper applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
We use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-camper relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of camper records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers by the Client.
PURCHASES AND DONATIONS
On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client, or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free form content submission form).
On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to your rights and choices, we may also use Identity Data to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our Site for viewing by parents and Client Administrators.
We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.).
MOBILE APPS
If you use our Mobile Apps, we process certain Personal Data, which typically includes Identity Data, Contact Data, Device/Network Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
We process the Identity Data, Contact Data, and Device/Network Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to your rights and choices, we may use the Identity Data, Contact Data, Device/Network Data, and Location Data to improve our services, and we may process this Device/Network Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
As part of our Service, we may allow parents, guardians, and campers to search for pictures of their camper in images uploaded by the Camp. To do so, parents/guardians/campers upload an image of their camper, which is then compared to the photos that have been uploaded to the Camp, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Camp and display those images to the Camper and their parent/guardian. You can revoke your consent at any time as set forth in the your rights and choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third-party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
We may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data on behalf of our Clients in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Staffing data is used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers or campers, or other similar Special Category data, to the extent provided by the staffer, camper, or parent.
On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we may process the Special Category Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
We, and certain third parties, may process Device/Network Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who visited our Site or who may be interested in our Service.
Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
BUSINESS PURPOSES OF PROCESSING
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example:
Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.
Personalization/Customization: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you so that it displays your or a Client’s name, to reflect appearance or display preferences, display recent or commonly used features or data, or other similar functionality.
Internal Processes and Service Improvement: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our improvement of the design of our Services, understanding how our Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to service use, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
AGGREGATE ANALYTICS
We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our creation of aggregate analytics relating to how our Services are used, company and investment trends, to understand how our service performs, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to users' rights and choices.
COMPLIANCE, HEALTH, SAFETY & PUBLIC INTEREST
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
OTHER PROCESSING OF PERSONAL DATA
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients and may share your Personal Data with Clients to the extent such information was provided to us for processing on their behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) We disclose Special Category Data and Face Recognition Data to service providers only with your consent where required by law.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state or country of residence, and may be limited by or subject to our or our Client’s rights in your Personal Data. In cases where we process Personal Data on our own behalf, you may exercise rights you have by contacting us. All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. For information regarding your rights in the EU/EEA/Swiss, or your California Privacy Rights, please see below.
YOUR CHOICES
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Online Advertising: You may opt out or withdraw your consent to behavioral advertising. You must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
In many cases, CampMinder acts a processor of Clients’ Personal Data. We may notify Clients of your data rights requests; however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data we control, and you may need to contact the Client regarding your request.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for the periods stated above, or if none, for so long as it remains relevant to its purpose or for so long as is required by law (if longer). As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients and campers’ parents and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at: issues@campminder.com.
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
YOUR EU/EEA PRIVACY RIGHTS
Users of our Services in the EU/EEA/Switzerland (and certain other countries) may have the following rights:
Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law.
Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Right to Object: Where we process Personal Data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing: To the extent we process Personal Data using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact: You may have the right to file a complaint with regulators about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
PRIVACY RIGHTS
Right to Know: You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete: You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination: You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale: If we engage in sales of Personal Data (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes. At this time, we do not sell Personal Data.
SUBMISSION OF RIGHTS REQUESTS
You may submit requests by contacting us (see below for summary of required verification information).
VERIFICATION OF RIGHTS REQUESTS
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other information we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
SUPPLEMENTAL DATA PROCESSING DISCLOSURES
Categories of Personal Data Disclosed for Business Purposes: For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data; Transaction Data; Contact Data; Financial Data; Device/Network Data; Location Data; Special Category Data; Face Recognition Data; and Custom Content.
Data Sale: For purposes of the CCPA, we do not “sell” your Personal Data.
Right to Know:
Category of Data | Category of Sources | Business and Commercial Purposes | Category of Recipients |
Identity Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Transaction Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Contact Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Financial Data | You; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Device/Network Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Location Data | You; Your Devices | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Special Category Data | You; Clients | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Face Recognition Data | You; Service Providers; Data we Create/Infer | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Custom Content | You; Clients | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone:
303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Microsoft | Vendor – Hosted campminder.system test environment. Houses all CampMinder system database details. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Flexential | Vendor – PCI compliant server environment where transaction data is stored; data includes payments made to our clients by their clients for registration fees. |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Geotrust | Vendor – SSL certificate which provides secure, encrypted communications between a website and an internet browser. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor – Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Bill.com | Vendor – Provides a bookkeeping platform where we store information including client banking information, client contact information including name, address, phone number and email address |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Cliq | Provides transaction processing services for certain CampMinder clients |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Falling Creek Camp, Camp Huawni, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Camp Granite Lake, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Camp Woodward West, Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI, Concordia Language Villages, Nobles Day Camp, YMCA Vanderbilt, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Mitzvah Corps, URJ NFTY in Israel, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, PALS Program, YMCA Camp Tecumseh, Camp Fitch YMCA, Cape Cod Sea Camps, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
Vendor — provides Google Play Services, which includes application marketplace for the purchase and updating of application. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. | |
Redis | Vendor - Redis is an open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Mixpanel | Vendor – Provides usage analytics that tracks user interactions with web and mobile applications. |
Crash Analytics | Vendor – Provides identify, alert and report on web and mobile crashes, in production or on development/testing environments. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
JotForm | Integrated tool for creation, publication and hosting of forms for data collection from camp attendees and allowing for email responses. |
Neutrino API | Vendor – Streamlines credit card processing services between our clients and their clients by distinguishing the payment method between credit cards and debit cards |
CloudFlare | Vendor – Provides the web application firewall for the Camp in Touch environment that monitors all traffic coming into this system. |
Azure WAF Gateway | Vendor – Provides the web application firewall for the CampMinder system database that monitors all traffic coming into this system. |
Cynergy USA | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.cynergydatagroup.com/privacy.html |
CardWorks Acquiring, LLC | Vendor - Provides electronic transaction payment services for certain CampMinder clients |
MailChimp | Vendor – a marketing automation platform and email marketing service where we store client information including name and email address |
EZ Texting | Vendor – Text messaging platform to whom we may provide, at our client’s request, their client’s names and phone numbers. |
Microsoft Azure facial recognition service | Vendor – Facial recognition service creates an identity based on properties and measurement of a person’s face when used with our Campanion services. User information stored includes a training photo with an anonymized ID. |
DropBox | Vendor – Cloud storage and user synchronization where we store accounting information including electronic reports that may include name, physical address, phone number, e-mail address and payment method information. |
Sterling | Vendor – Provides background checks for camp staff at client’s request, which requires camp to provide subject’s name, physical address, social security number, phone number and email address. |
Effective January 1st 2021 to February 18th 2021
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Delaware limited liability company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you input information into an online form, sign up for a waiting list, register, or contact us directly.
Your Device: We may collect certain Personal Data automatically from your devices. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Sites, or when you open our marketing communications.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Data we create or Infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Users may register and create an account on our Services. When you register, we process certain Personal Data such as Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service. We use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Client’s users may submit inquiries, camper applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
We use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-camper relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of camper records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers by the Client.
PURCHASES AND DONATIONS
On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client, or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free form content submission form).
On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to your rights and choices, we may also use Identity Data to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our Site for viewing by parents and Client Administrators.
We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.).
MOBILE APPS
If you use our Mobile Apps, we process certain Personal Data, which typically includes Identity Data, Contact Data, Device/Network Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
We process the Identity Data, Contact Data, and Device/Network Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to your rights and choices, we may use the Identity Data, Contact Data, Device/Network Data, and Location Data to improve our services, and we may process this Device/Network Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
As part of our Service, we may allow parents, guardians, and campers to search for pictures of their camper in images uploaded by the Camp. To do so, parents/guardians/campers upload an image of their camper, which is then compared to the photos that have been uploaded to the Camp, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Camp and display those images to the Camper and their parent/guardian. You can revoke your consent at any time as set forth in the your rights and choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third-party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
We may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data on behalf of our Clients in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Staffing data is used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers or campers, or other similar Special Category data, to the extent provided by the staffer, camper, or parent.
On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we may process the Special Category Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
We, and certain third parties, may process Device/Network Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who visited our Site or who may be interested in our Service.
Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
BUSINESS PURPOSES OF PROCESSING
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example:
Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.
Personalization/Customization: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you so that it displays your or a Client’s name, to reflect appearance or display preferences, display recent or commonly used features or data, or other similar functionality.
Internal Processes and Service Improvement: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our improvement of the design of our Services, understanding how our Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to service use, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
AGGREGATE ANALYTICS
We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our creation of aggregate analytics relating to how our Services are used, company and investment trends, to understand how our service performs, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to users' rights and choices.
COMPLIANCE, HEALTH, SAFETY & PUBLIC INTEREST
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
OTHER PROCESSING OF PERSONAL DATA
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients and may share your Personal Data with Clients to the extent such information was provided to us for processing on their behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) We disclose Special Category Data and Face Recognition Data to service providers only with your consent where required by law.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state or country of residence, and may be limited by or subject to our or our Client’s rights in your Personal Data. In cases where we process Personal Data on our own behalf, you may exercise rights you have by contacting us. All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. For information regarding your rights in the EU/EEA/Swiss, or your California Privacy Rights, please see below.
YOUR CHOICES
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Online Advertising: You may opt out or withdraw your consent to behavioral advertising. You must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
In many cases, CampMinder acts a processor of Clients’ Personal Data. We may notify Clients of your data rights requests; however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data we control, and you may need to contact the Client regarding your request.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for the periods stated above, or if none, for so long as it remains relevant to its purpose or for so long as is required by law (if longer). As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients and campers’ parents and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at: issues@campminder.com.
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
YOUR EU/EEA PRIVACY RIGHTS
Users of our Services in the EU/EEA/Switzerland (and certain other countries) may have the following rights:
Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law.
Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Right to Object: Where we process Personal Data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing: To the extent we process Personal Data using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact: You may have the right to file a complaint with regulators about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
PRIVACY RIGHTS
Right to Know: You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete: You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination: You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale: If we engage in sales of Personal Data (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes. At this time, we do not sell Personal Data.
SUBMISSION OF RIGHTS REQUESTS
You may submit requests by contacting us (see below for summary of required verification information).
VERIFICATION OF RIGHTS REQUESTS
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other information we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
SUPPLEMENTAL DATA PROCESSING DISCLOSURES
Categories of Personal Data Disclosed for Business Purposes: For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data; Transaction Data; Contact Data; Financial Data; Device/Network Data; Location Data; Special Category Data; Face Recognition Data; and Custom Content.
Data Sale: For purposes of the CCPA, we do not “sell” your Personal Data.
Right to Know:
Category of Data | Category of Sources | Business and Commercial Purposes | Category of Recipients |
Identity Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Transaction Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Contact Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Financial Data | You; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Device/Network Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Location Data | You; Your Devices | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Special Category Data | You; Clients | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Face Recognition Data | You; Service Providers; Data we Create/Infer | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Custom Content | You; Clients | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone:
303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Microsoft | Vendor – Hosted campminder.system test environment. Houses all CampMinder system database details. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Flexential | Vendor – PCI compliant server environment where transaction data is stored; data includes payments made to our clients by their clients for registration fees. |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Geotrust | Vendor – SSL certificate which provides secure, encrypted communications between a website and an internet browser. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor – Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Bill.com | Vendor – Provides a bookkeeping platform where we store information including client banking information, client contact information including name, address, phone number and email address |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Cliq | Provides transaction processing services for certain CampMinder clients |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Falling Creek Camp, Camp Huawni, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Camp Granite Lake, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Camp Woodward West, Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI, Concordia Language Villages, Nobles Day Camp, YMCA Vanderbilt, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Mitzvah Corps, URJ NFTY in Israel, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, PALS Program, YMCA Camp Tecumseh, Camp Fitch YMCA, Cape Cod Sea Camps, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
Vendor — provides Google Play Services, which includes application marketplace for the purchase and updating of application. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. | |
Redis | Vendor - Redis is an open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Mixpanel | Vendor – Provides usage analytics that tracks user interactions with web and mobile applications. |
Crash Analytics | Vendor – Provides identify, alert and report on web and mobile crashes, in production or on development/testing environments. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Neutrino API | Vendor – Streamlines credit card processing services between our clients and their clients by distinguishing the payment method between credit cards and debit cards |
CloudFlare | Vendor – Provides the web application firewall for the Camp in Touch environment that monitors all traffic coming into this system. |
Azure WAF Gateway | Vendor – Provides the web application firewall for the CampMinder system database that monitors all traffic coming into this system. |
Cynergy USA | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.cynergydatagroup.com/privacy.html |
CardWorks Acquiring, LLC | Vendor - Provides electronic transaction payment services for certain CampMinder clients |
MailChimp | Vendor – a marketing automation platform and email marketing service where we store client information including name and email address |
EZ Texting | Vendor – Text messaging platform to whom we may provide, at our client’s request, their client’s names and phone numbers. |
Microsoft Azure facial recognition service | Vendor – Facial recognition service creates an identity based on properties and measurement of a person’s face when used with our Campanion services. User information stored includes a training photo with an anonymized ID. |
DropBox | Vendor – Cloud storage and user synchronization where we store accounting information including electronic reports that may include name, physical address, phone number, e-mail address and payment method information. |
Sterling | Vendor – Provides background checks for camp staff at client’s request, which requires camp to provide subject’s name, physical address, social security number, phone number and email address. |
Effective July 13th 2020 to January 1st 2021
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Colorado company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you input information into an online form, sign up for a waiting list, register, or contact us directly.
Your Device: We may collect certain Personal Data automatically from your devices. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Sites, or when you open our marketing communications.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with a relevant transaction, or who collect information on our behalf.
Data we create or Infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Users may register and create an account on our Services. When you register, we process certain Personal Data such as Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service. We use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Client’s users may submit inquiries, camper applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
We use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-camper relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of camper records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers by the Client.
PURCHASES AND DONATIONS
On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client, or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free form content submission form).
On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to your rights and choices, we may also use Identity Data to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our Site for viewing by parents and Client Administrators.
We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to your rights and choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.).
MOBILE APPS
If you use our Mobile Apps, we process certain Personal Data, which typically includes Identity Data, Contact Data, Device/Network Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
We process the Identity Data, Contact Data, and Device/Network Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to your rights and choices, we may use the Identity Data, Contact Data, Device/Network Data, and Location Data to improve our services, and we may process this Device/Network Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
As part of our Service, we may allow parents, guardians, and campers to search for pictures of their camper in images uploaded by the Camp. To do so, parents/guardians/campers upload an image of their camper, which is then compared to the photos that have been uploaded to the Camp, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Camp and display those images to the Camper and their parent/guardian. You can revoke your consent at any time as set forth in the your rights and choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third-party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
We may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data on behalf of our Clients in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Staffing data is used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers or campers, or other similar Special Category data, to the extent provided by the staffer, camper, or parent.
On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to your rights and choices, we may process the Special Category Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
We, and certain third parties, may process Device/Network Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who visited our Site or who may be interested in our Service.
Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
BUSINESS PURPOSES OF PROCESSING
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example:
Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.
Personalization/Customization: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you so that it displays your or a Client’s name, to reflect appearance or display preferences, display recent or commonly used features or data, or other similar functionality.
Internal Processes and Service Improvement: We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our improvement of the design of our Services, understanding how our Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to service use, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that might indicate an information security risk to the Services or our Users.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
AGGREGATE ANALYTICS
We process Personal Data (excluding Facial Recognition Data or Special Category Data) as necessary in connection with our creation of aggregate analytics relating to how our Services are used, company and investment trends, to understand how our service performs, and to create other reports regarding the use of our Services, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to users' rights and choices.
COMPLIANCE, HEALTH, SAFETY & PUBLIC INTEREST
Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
OTHER PROCESSING OF PERSONAL DATA
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients and may share your Personal Data with Clients to the extent such information was provided to us for processing on their behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) We disclose Special Category Data and Face Recognition Data to service providers only with your consent where required by law.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state or country of residence, and may be limited by or subject to our or our Client’s rights in your Personal Data. In cases where we process Personal Data on our own behalf, you may exercise rights you have by contacting us. All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf. For information regarding your rights in the EU/EEA/Swiss, or your California Privacy Rights, please see below.
YOUR CHOICES
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Online Advertising: You may opt out or withdraw your consent to behavioral advertising. You must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
In many cases, CampMinder acts a processor of Clients’ Personal Data. We may notify Clients of your data rights requests; however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data we control, and you may need to contact the Client regarding your request.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for the periods stated above, or if none, for so long as it remains relevant to its purpose or for so long as is required by law (if longer). As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients and campers’ parents and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at: issues@campminder.com.
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
YOUR EU/EEA PRIVACY RIGHTS
Users of our Services in the EU/EEA/Switzerland (and certain other countries) may have the following rights:
Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law.
Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Right to Object: Where we process Personal Data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.
Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.
Automated Processing: To the extent we process Personal Data using automated means (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.
Regulator Contact: You may have the right to file a complaint with regulators about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
PRIVACY RIGHTS
Right to Know: You may have the right to request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete: You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination: You may have the right to not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
Direct Marketing: You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale: If we engage in sales of Personal Data (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes. At this time, we do not sell Personal Data.
SUBMISSION OF RIGHTS REQUESTS
You may submit requests by contacting us (see below for summary of required verification information).
VERIFICATION OF RIGHTS REQUESTS
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other information we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
SUPPLEMENTAL DATA PROCESSING DISCLOSURES
Categories of Personal Data Disclosed for Business Purposes: For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data; Transaction Data; Contact Data; Financial Data; Device/Network Data; Location Data; Special Category Data; Face Recognition Data; and Custom Content.
Data Sale: For purposes of the CCPA, we do not “sell” your Personal Data.
Right to Know:
Category of Data | Category of Sources | Business and Commercial Purposes | Category of Recipients |
Identity Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Transaction Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Contact Data | You; Clients; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Financial Data | You; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Device/Network Data | You; Your Devices; Service Providers | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Location Data | You; Your Devices | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Special Category Data | You; Clients | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Face Recognition Data | You; Service Providers; Data we Create/Infer | Service Provision and Contractual Obligations; Compliance, Health, Safety & Public Interest; Other Processing | Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
Custom Content | You; Clients | Service Provision and Contractual Obligations; Personalization/Customization; Internal Processes and Service Improvement; Marketing Communications; Aggregate Analytics; Compliance, Health, Safety & Public Interest; Other Processing | Clients; Service Providers; Data Aggregators; Affiliates; Corporate Events; Legal Disclosures |
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone:
303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Microsoft | Vendor – Hosted campminder.system test environment. Houses all CampMinder system database details. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Flexential | Vendor – PCI compliant server environment where transaction data is stored; data includes payments made to our clients by their clients for registration fees. |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Geotrust | Vendor – SSL certificate which provides secure, encrypted communications between a website and an internet browser. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor – Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Bill.com | Vendor – Provides a bookkeeping platform where we store information including client banking information, client contact information including name, address, phone number and email address |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Cliq | Provides transaction processing services for certain CampMinder clients |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Falling Creek Camp, Camp Huawni, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Camp Granite Lake, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Camp Woodward West, Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI, Concordia Language Villages, Nobles Day Camp, YMCA Vanderbilt, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Mitzvah Corps, URJ NFTY in Israel, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, PALS Program, YMCA Camp Tecumseh, Camp Fitch YMCA, Cape Cod Sea Camps, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
Vendor — provides Google Play Services, which includes application marketplace for the purchase and updating of application. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. | |
Redis | Vendor - Redis is an open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Mixpanel | Vendor – Provides usage analytics that tracks user interactions with web and mobile applications. |
Crash Analytics | Vendor – Provides identify, alert and report on web and mobile crashes, in production or on development/testing environments. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Neutrino API | Vendor – Streamlines credit card processing services between our clients and their clients by distinguishing the payment method between credit cards and debit cards |
CloudFlare | Vendor – Provides the web application firewall for the Camp in Touch environment that monitors all traffic coming into this system. |
Azure WAF Gateway | Vendor – Provides the web application firewall for the CampMinder system database that monitors all traffic coming into this system. |
Cynergy USA | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.cynergydatagroup.com/privacy.html |
CardWorks Acquiring, LLC | Vendor - Provides electronic transaction payment services for certain CampMinder clients |
MailChimp | Vendor – a marketing automation platform and email marketing service where we store client information including name and email address |
EZ Texting | Vendor – Text messaging platform to whom we may provide, at our client’s request, their client’s names and phone numbers. |
Microsoft Azure facial recognition service | Vendor – Facial recognition service creates an identity based on properties and measurement of a person’s face when used with our Campanion services. User information stored includes a training photo with an anonymized ID. |
DropBox | Vendor – Cloud storage and user synchronization where we store accounting information including electronic reports that may include name, physical address, phone number, e-mail address and payment method information. |
Sterling | Vendor – Provides background checks for camp staff at client’s request, which requires camp to provide subject’s name, physical address, social security number, phone number and email address. |
Effective July 31st 2019 to July 13th 2020
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Colorado company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
Data we collect from you: We collect Personal Data from you directly, for example, when you complete a form or contact us directly.
Data we receive from others: We receive Personal Data from third parties with whom we have a relationship in connection with a certain transaction supported by a third party service provider. For example, we may receive certain customer information (e.g. name, contact, and ordering information) when you make a purchase using a third party payment service provider.
Data collected automatically: We may collect certain Personal Data automatically, for example, we collect Device Data automatically using cookies and similar technologies when you browse our Site.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Data: Users may register and create an account on our Services. When you register, we process certain Personal Data on behalf of the Client, which typically includes Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service.
Uses: On behalf of the Client, we use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases. Subject to Your Rights and Choices, we may also use Identity Data as part of our efforts to improve our Services, and on behalf of the Client, we may process Identity Data and Contact Data in connection with marketing communications.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Data: Client’s users may submit inquiries, camper applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes IdentityData, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
Uses: On behalf of the Client, we use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-Camper relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to Your Rights and Choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of Camper records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers by the Client.
PURCHASES AND DONATIONS
Data: On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
Uses: On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases. Subject to Your Rights and Choices, we may process the Transaction Data and Identity Data to improve design and delivery of our Services, and on behalf of the Client, to keep a record of donors and donations, or in connection with marketing communications.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
Data: On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free-form content submission form).
Uses: On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to Your Rights and Choices, we may also use Identity Data and to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our site for viewing by parents and Client Administrators, and we may process Identity Data and Contact Data in connection with marketing communications.
Note: We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
Data: On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
Uses: On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to Your Rights and Choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.) and where permitted, to maintain records relating to the health and treatment of users by the Client.
MOBILE APPS
Data: If you use our Mobile Apps, which include but are not limited to, the Campanion Mobile App for iOS and Android, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, Device Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
Uses: On behalf of the Client, we process the Identity Data, Contact Data, and Device Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to Your Rights and Choices, we may use the Identity Data, Contact Data, Device Data, and Location Data to improve our services, and we may process this Device Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
Data: As part of our Service, we may allow parents, guardians, and campers to search for pictures of their camper in images uploaded by the Camp. To do so, parents/guardians/campers upload an image of their camper, which is then compared to the photos that have been uploaded to the Camp, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
Uses: If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Camp and display those images to the Camper and their parent/guardian. You can revoke your consent at any time as set forth in the Your Rights and Choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
Note: You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
Data: On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Uses: All staffing data will be used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to Your Rights and Choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
Note: CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
Data: On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers or campers, or other similar Special Categories data, to the extent provided by the staffer, camper, or parent.
Uses: On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to Your Rights and Choices, we may process the Special Categories Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
Data: We, and certain third parties, may process Device Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
Uses: In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who may have demonstrated an interest in our Service.
Note: Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
ADDITIONAL PROCESSING
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Your Rights and Choices) unless otherwise stated when you provide it.
Note that we may, without your consent, also process your Personal Data on certain public interest grounds. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest. Please see the Data Sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients, and may share your Personal Data with Clients to the extent such information was provided to us for processing on the Client’s behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Business Purposes: In connection with our general business operations, product/service improvements, to enable certain features, and in connection with our other legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) When we disclose information for business purposes we may disclose Identity Data, Contact Data, Device/Network Data, and User Content. We may also disclose to service providers Special Category Data and Face Recognition Data to the extent you authorize processing in connection with our Face Recognition Services.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
To the extent required under applicable law, and subject to our rights to limit or deny access/disclosure under applicable law, you have the following rights in your Personal Data. You may exercise your rights by contacting us at the address below.
Access: You may receive a list of your Personal Data that we process to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law. You may be able to make changes to much of the information you provided directly via the Service via your account settings menu.
Erasure: To the extent required by applicable law, you may request that we delete your Personal Data from our systems.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Direct Marketing: Residents of California (and others to the extent required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. This request must be written, signed, and mailed to us.
Regulator Contact: You have the right to contact or file a complaint with regulators or supervisory authorities about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
California Rights: Residents of California (and others to the extent required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. Upon receipt of a verifiable request, you may also request that we provide you a copy of your Personal Data, direct us to stop selling or disclosing Personal Data for certain purposes (if we have done so), and receive information regarding: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties with whom we have disclosed your Personal Data, or sold, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
We may require that you provide additional Personal Data to exercise these rights, e.g. information necessary to prove your identity.
YOUR CHOICES
It is possible for you to use some of our Services without providing any Personal Data, but you may not be able to access certain features or view certain content. You have the following choices regarding the Personal Data we process:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Cookies and Similar Tech: If you do not want information collected through the use of cookies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu. You must opt out of third-party services directly via the third party. For example, to opt-out of Google’s analytics and marketing services, visit Google Analytics Terms of Use, the Google Privacy Policy, or Google Analytics Opt-out. To learn more about how to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. Please note, at this time, our Service does not respond to your browser’s do-not-track request.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
CampMinder is a processor of Clients’ personal data. We may notify Clients of your data rights requests, however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data on our Service, and Clients may have additional copies of this information that is outside of our control.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. However, we sometimes share Personal Data with, or process data on behalf of third parties, as noted above. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for so long as it remains relevant to its purpose, and in any event, for so long as is required by law. As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients and campers’ parents, and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
If any complaints by EU residents cannot be resolved informally, we have agreed to participate in the JAMS dispute resolution procedures pursuant to EU-U.S. Privacy Shield principles. EU residents with unresolved complaints may refer them to JAMS here. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at:
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you.
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes, or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone: 303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Microsoft | Vendor – Hosted campminder.system test environment. Houses all CampMinder system database details. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Flexential | Vendor – PCI compliant server environment where transaction data is stored; data includes payments made to our clients by their clients for registration fees. |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Geotrust | Vendor – SSL certificate which provides secure, encrypted communications between a website and an internet browser. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor – Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Bill.com | Vendor – Provides a bookkeeping platform where we store information including client banking information, client contact information including name, address, phone number and email address |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Cliq | Provides transaction processing services for certain CampMinder clients |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Falling Creek Camp, Camp Huawni, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Camp Granite Lake, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Camp Woodward West, Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI, Concordia Language Villages, Nobles Day Camp, YMCA Vanderbilt, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Mitzvah Corps, URJ NFTY in Israel, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, PALS Program, YMCA Camp Tecumseh, Camp Fitch YMCA, Cape Cod Sea Camps, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
Vendor — provides Google Play Services, which includes application marketplace for the purchase and updating of application. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. | |
Redis | Vendor - Redis is an open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Mixpanel | Vendor – Provides usage analytics that tracks user interactions with web and mobile applications. |
Crash Analytics | Vendor – Provides identify, alert and report on web and mobile crashes, in production or on development/testing environments. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Effective May 17th 2019 to July 31st 2019
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Colorado company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
Data we collect from you: We collect Personal Data from you directly, for example, when you complete a form or contact us directly.
Data we receive from others: We receive Personal Data from third parties with whom we have a relationship in connection with a certain transaction supported by a third party service provider. For example, we may receive certain customer information (e.g. name, contact, and ordering information) when you make a purchase using a third party payment service provider.
Data collected automatically: We may collect certain Personal Data automatically, for example, we collect Device Data automatically using cookies and similar technologies when you browse our Site.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Data: Users may register and create an account on our Services. When you register, we process certain Personal Data on behalf of the Client, which typically includes Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service.
Uses: On behalf of the Client, we use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases. Subject to Your Rights and Choices, we may also use Identity Data as part of our efforts to improve our Services, and on behalf of the Client, we may process Identity Data and Contact Data in connection with marketing communications.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Data: Client’s users may submit inquiries, camper applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes IdentityData, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
Uses: On behalf of the Client, we use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-Camper relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to Your Rights and Choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of Camper records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers by the Client.
PURCHASES AND DONATIONS
Data: On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
Uses: On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases. Subject to Your Rights and Choices, we may process the Transaction Data and Identity Data to improve design and delivery of our Services, and on behalf of the Client, to keep a record of donors and donations, or in connection with marketing communications.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
Data: On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free-form content submission form).
Uses: On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to Your Rights and Choices, we may also use Identity Data and to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our site for viewing by parents and Client Administrators, and we may process Identity Data and Contact Data in connection with marketing communications.
Note: We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
Data: On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
Uses: On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to Your Rights and Choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.) and where permitted, to maintain records relating to the health and treatment of users by the Client.
MOBILE APPS
Data: If you use our Mobile Apps, which include but are not limited to, the Campanion Mobile App for iOS and Android, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, Device Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
Uses: On behalf of the Client, we process the Identity Data, Contact Data, and Device Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to Your Rights and Choices, we may use the Identity Data, Contact Data, Device Data, and Location Data to improve our services, and we may process this Device Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
Data: As part of our Service, we may allow parents, guardians, and campers to search for pictures of their camper in images uploaded by the Camp. To do so, parents/guardians/campers upload an image of their camper, which is then compared to the photos that have been uploaded to the Camp, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
Uses: If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Camp and display those images to the Camper and their parent/guardian. You can revoke your consent at any time as set forth in the Your Rights and Choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
Note: You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
Data: On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Uses: All staffing data will be used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to Your Rights and Choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
Note: CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
Data: On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers or campers, or other similar Special Categories data, to the extent provided by the staffer, camper, or parent.
Uses: On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to Your Rights and Choices, we may process the Special Categories Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
Data: We, and certain third parties, may process Device Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
Uses: In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who may have demonstrated an interest in our Service.
Note: Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
ADDITIONAL PROCESSING
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Your Rights and Choices) unless otherwise stated when you provide it.
Note that we may, without your consent, also process your Personal Data on certain public interest grounds. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest. Please see the Data Sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients, and may share your Personal Data with Clients to the extent such information was provided to us for processing on the Client’s behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Business Purposes: In connection with our general business operations, product/service improvements, to enable certain features, and in connection with our other legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) When we disclose information for business purposes we may disclose Identity Data, Contact Data, Device/Network Data, and User Content. We may also disclose to service providers Special Category Data and Face Recognition Data to the extent you authorize processing in connection with our Face Recognition Services.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
To the extent required under applicable law, and subject to our rights to limit or deny access/disclosure under applicable law, you have the following rights in your Personal Data. You may exercise your rights by contacting us at the address below.
Access: You may receive a list of your Personal Data that we process to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law. You may be able to make changes to much of the information you provided directly via the Service via your account settings menu.
Erasure: To the extent required by applicable law, you may request that we delete your Personal Data from our systems.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Direct Marketing: Residents of California (and others to the extent required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. This request must be written, signed, and mailed to us.
Regulator Contact: You have the right to contact or file a complaint with regulators or supervisory authorities about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
California Rights: Residents of California (and others to the extent required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. Upon receipt of a verifiable request, you may also request that we provide you a copy of your Personal Data, direct us to stop selling or disclosing Personal Data for certain purposes (if we have done so), and receive information regarding: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties with whom we have disclosed your Personal Data, or sold, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
We may require that you provide additional Personal Data to exercise these rights, e.g. information necessary to prove your identity.
YOUR CHOICES
It is possible for you to use some of our Services without providing any Personal Data, but you may not be able to access certain features or view certain content. You have the following choices regarding the Personal Data we process:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Cookies and Similar Tech: If you do not want information collected through the use of cookies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu. You must opt out of third-party services directly via the third party. For example, to opt-out of Google’s analytics and marketing services, visit Google Analytics Terms of Use, the Google Privacy Policy, or Google Analytics Opt-out. To learn more about how to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. Please note, at this time, our Service does not respond to your browser’s do-not-track request.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
CampMinder is a processor of Clients’ personal data. We may notify Clients of your data rights requests, however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data on our Service, and Clients may have additional copies of this information that is outside of our control.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. However, we sometimes share Personal Data with, or process data on behalf of third parties, as noted above. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for so long as it remains relevant to its purpose, and in any event, for so long as is required by law. As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients and campers’ parents, and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
If any complaints by EU residents cannot be resolved informally, we have agreed to participate in the JAMS dispute resolution procedures pursuant to EU-U.S. Privacy Shield principles. EU residents with unresolved complaints may refer them to JAMS here. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at:
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you.
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes, or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone: 303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Microsoft | Vendor – Hosted campminder.system test environment. Houses all CampMinder system database details. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Flexential | Vendor – PCI compliant server environment where transaction data is stored; data includes payments made to our clients by their clients for registration fees. |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Geotrust | Vendor – SSL certificate which provides secure, encrypted communications between a website and an internet browser. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor – Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Bill.com | Vendor – Provides a bookkeeping platform where we store information including client banking information, client contact information including name, address, phone number and email address |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Falling Creek Camp, Camp Huawni, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Camp Granite Lake, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Camp Woodward West, Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI, Concordia Language Villages, Nobles Day Camp, YMCA Vanderbilt, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Mitzvah Corps, URJ NFTY in Israel, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, PALS Program, YMCA Camp Tecumseh, Camp Fitch YMCA, Cape Cod Sea Camps, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
Vendor — provides Google Play Services, which includes application marketplace for the purchase and updating of application. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. | |
Redis | Vendor - Redis is an open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Mixpanel | Vendor – Provides usage analytics that tracks user interactions with web and mobile applications. |
Crash Analytics | Vendor – Provides identify, alert and report on web and mobile crashes, in production or on development/testing environments. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Effective May 2nd 2019 to May 17th 2019
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Colorado company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
Data we collect from you: We collect Personal Data from you directly, for example, when you complete a form or contact us directly.
Data we receive from others: We receive Personal Data from third parties with whom we have a relationship in connection with a certain transaction supported by a third party service provider. For example, we may receive certain customer information (e.g. name, contact, and ordering information) when you make a purchase using a third party payment service provider.
Data collected automatically: We may collect certain Personal Data automatically, for example, we collect Device Data automatically using cookies and similar technologies when you browse our Site.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Data: Users may register and create an account on our Services. When you register, we process certain Personal Data on behalf of the Client, which typically includes Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service.
Uses: On behalf of the Client, we use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases. Subject to Your Rights and Choices, we may also use Identity Data as part of our efforts to improve our Services, and on behalf of the Client, we may process Identity Data and Contact Data in connection with marketing communications.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Data: Client’s users may submit inquiries, camper applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes IdentityData, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
Uses: On behalf of the Client, we use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-Camper relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to Your Rights and Choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of Camper records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers by the Client.
PURCHASES AND DONATIONS
Data: On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
Uses: On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases. Subject to Your Rights and Choices, we may process the Transaction Data and Identity Data to improve design and delivery of our Services, and on behalf of the Client, to keep a record of donors and donations, or in connection with marketing communications.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
Data: On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free-form content submission form).
Uses: On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to Your Rights and Choices, we may also use Identity Data and to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our site for viewing by parents and Client Administrators, and we may process Identity Data and Contact Data in connection with marketing communications.
Note: We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
Data: On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
Uses: On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to Your Rights and Choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.) and where permitted, to maintain records relating to the health and treatment of users by the Client.
MOBILE APPS
Data: If you use our Mobile Apps, which include but are not limited to, the Campanion Mobile App for iOS and Android, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, Device Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
Uses: On behalf of the Client, we process the Identity Data, Contact Data, and Device Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to Your Rights and Choices, we may use the Identity Data, Contact Data, Device Data, and Location Data to improve our services, and we may process this Device Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
Data: As part of our Service, we may allow parents, guardians, and campers to search for pictures of their camper in images uploaded by the Camp. To do so, parents/guardians/campers upload an image of their camper, which is then compared to the photos that have been uploaded to the Camp, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
Uses: If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Camp and display those images to the Camper and their parent/guardian. You can revoke your consent at any time as set forth in the Your Rights and Choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
Note: You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
Data: On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Uses: All staffing data will be used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to Your Rights and Choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
Note: CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
Data: On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers or campers, or other similar Special Categories data, to the extent provided by the staffer, camper, or parent.
Uses: On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to Your Rights and Choices, we may process the Special Categories Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
Data: We, and certain third parties, may process Device Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
Uses: In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who may have demonstrated an interest in our Service.
Note: Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
ADDITIONAL PROCESSING
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Your Rights and Choices) unless otherwise stated when you provide it.
Note that we may, without your consent, also process your Personal Data on certain public interest grounds. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest. Please see the Data Sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients, and may share your Personal Data with Clients to the extent such information was provided to us for processing on the Client’s behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Business Purposes: In connection with our general business operations, product/service improvements, to enable certain features, and in connection with our other legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) When we disclose information for business purposes we may disclose Identity Data, Contact Data, Device/Network Data, and User Content. We may also disclose to service providers Special Category Data and Face Recognition Data to the extent you authorize processing in connection with our Face Recognition Services.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
To the extent required under applicable law, and subject to our rights to limit or deny access/disclosure under applicable law, you have the following rights in your Personal Data. You may exercise your rights by contacting us at the address below.
Access: You may receive a list of your Personal Data that we process to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law. You may be able to make changes to much of the information you provided directly via the Service via your account settings menu.
Erasure: To the extent required by applicable law, you may request that we delete your Personal Data from our systems.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Direct Marketing: Residents of California (and others to the extent required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. This request must be written, signed, and mailed to us.
Regulator Contact: You have the right to contact or file a complaint with regulators or supervisory authorities about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
California Rights: Residents of California (and others to the extent required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. Upon receipt of a verifiable request, you may also request that we provide you a copy of your Personal Data, direct us to stop selling or disclosing Personal Data for certain purposes (if we have done so), and receive information regarding: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties with whom we have disclosed your Personal Data, or sold, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
We may require that you provide additional Personal Data to exercise these rights, e.g. information necessary to prove your identity.
YOUR CHOICES
It is possible for you to use some of our Services without providing any Personal Data, but you may not be able to access certain features or view certain content. You have the following choices regarding the Personal Data we process:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Cookies and Similar Tech: If you do not want information collected through the use of cookies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu. You must opt out of third-party services directly via the third party. For example, to opt-out of Google’s analytics and marketing services, visit Google Analytics Terms of Use, the Google Privacy Policy, or Google Analytics Opt-out. To learn more about how to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. Please note, at this time, our Service does not respond to your browser’s do-not-track request.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
CampMinder is a processor of Clients’ personal data. We may notify Clients of your data rights requests, however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data on our Service, and Clients may have additional copies of this information that is outside of our control.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. However, we sometimes share Personal Data with, or process data on behalf of third parties, as noted above. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for so long as it remains relevant to its purpose, and in any event, for so long as is required by law. As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients and campers’ parents, and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
If any complaints by EU residents cannot be resolved informally, we have agreed to participate in the JAMS dispute resolution procedures pursuant to EU-U.S. Privacy Shield principles. EU residents with unresolved complaints may refer them to JAMS here. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at:
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you.
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes, or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone: 303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Microsoft | Vendor – Hosted campminder.system test environment. Houses all CampMinder system database details. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
Twilio | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Flexential | Vendor – PCI compliant server environment where transaction data is stored; data includes payments made to our clients by their clients for registration fees. |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Geotrust | Vendor – SSL certificate which provides secure, encrypted communications between a website and an internet browser. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor – Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Bill.com | Vendor – Provides a bookkeeping platform where we store information including client banking information, client contact information including name, address, phone number and email address |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Falling Creek Camp, Camp Huawni, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Camp Granite Lake, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Camp Woodward West, Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI, Concordia Language Villages, Nobles Day Camp, YMCA Vanderbilt, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Mitzvah Corps, URJ NFTY in Israel, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, PALS Program, YMCA Camp Tecumseh, Camp Fitch YMCA, Cape Cod Sea Camps, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
Vendor — provides Google Play Services, which includes application marketplace for the purchase and updating of application. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. | |
Redis | Vendor - Redis is an open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Mixpanel | Vendor – Provides usage analytics that tracks user interactions with web and mobile applications. |
Crash Analytics | Vendor – Provides identify, alert and report on web and mobile crashes, in production or on development/testing environments. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Effective April 9th 2019 to May 2nd 2019
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Colorado company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data.
Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
HOW WE COLLECT PERSONAL DATA
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
Data we collect from you: We collect Personal Data from you directly, for example, when you complete a form or contact us directly.
Data we receive from others: We receive Personal Data from third parties with whom we have a relationship in connection with a certain transaction supported by a third party service provider. For example, we may receive certain customer information (e.g. name, contact, and ordering information) when you make a purchase using a third party payment service provider.
Data collected automatically: We may collect certain Personal Data automatically, for example, we collect Device Data automatically using cookies and similar technologies when you browse our Site.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Data: Users may register and create an account on our Services. When you register, we process certain Personal Data on behalf of the Client, which typically includes Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service.
Uses: On behalf of the Client, we use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Data provided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases. Subject to Your Rights and Choices, we may also use Identity Data as part of our efforts to improve our Services, and on behalf of the Client, we may process Identity Data and Contact Data in connection with marketing communications.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Data: Client’s users may submit inquiries, camper applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes IdentityData, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
Uses: On behalf of the Client, we use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-Camper relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to Your Rights and Choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of Camper records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers by the Client.
PURCHASES AND DONATIONS
Data: On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
Uses: On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases. Subject to Your Rights and Choices, we may process the Transaction Data and Identity Data to improve design and delivery of our Services, and on behalf of the Client, to keep a record of donors and donations, or in connection with marketing communications.
CLIENT COMMENTS, MESSAGING AND CUSTOM CONTENT
Data: On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free-form content submission form).
Uses: On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to Your Rights and Choices, we may also use Identity Data and to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our site for viewing by parents and Client Administrators, and we may process Identity Data and Contact Data in connection with marketing communications.
Note: We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
Data: On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
Uses: On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to Your Rights and Choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.) and where permitted, to maintain records relating to the health and treatment of users by the Client.
MOBILE APPS
Data: If you use our Mobile Apps, which include but are not limited to, the Campanion Mobile App for iOS and Android, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, Device Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App. If you use our photo recognition feature, we’ll process information as set forth in the “Facial Recognition Services” section below, including Facial Recognition Data.
Uses: On behalf of the Client, we process the Identity Data, Contact Data, and Device Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to Your Rights and Choices, we may use the Identity Data, Contact Data, Device Data, and Location Data to improve our services, and we may process this Device Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
FACIAL RECOGNITION SERVICES
Data: As part of our Service, we may allow parents, guardians, and campers to search for pictures of their camper in images uploaded by the Camp. To do so, parents/guardians/campers upload an image of their camper, which is then compared to the photos that have been uploaded to the Camp, and matching images are then sent or shown to that user. As part of this process, we process Identity Data, Face Recognition Data, and Special Category Data (to the extent revealed in the photo).
Uses: If you consent to the use of this service, we will process the Identity Data, Face Recognition Data and Special Category Data only as necessary to identify the camper in the photos uploaded by the Camp and display those images to the Camper and their parent/guardian. You can revoke your consent at any time as set forth in the Your Rights and Choices section below. Note, we may use third party software for the purpose of facial recognition and comparison, and the foregoing information will be disclosed to this third party processor in connection with this service. Face Recognition Data will be retained only for so long as necessary, usually for 1 year following the upload of the image.
Note: You may not upload images to which you do not have the right to have processed in accordance with the above. When you upload a photo, you represent and warrant that you have all necessary rights to process the images as set forth above.
STAFFING DATA
Data: On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Uses: All staffing data will be used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to Your Rights and Choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
Note: CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
Data: On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers or campers, or other similar Special Categories data, to the extent provided by the staffer, camper, or parent.
Uses: On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to Your Rights and Choices, we may process the Special Categories Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
Data: We, and certain third parties, may process Device Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
Uses: In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who may have demonstrated an interest in our Service.
Note: Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
ADDITIONAL PROCESSING
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Your Rights and Choices) unless otherwise stated when you provide it.
Note that we may, without your consent, also process your Personal Data on certain public interest grounds. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest. Please see the Data Sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients, and may share your Personal Data with Clients to the extent such information was provided to us for processing on the Client’s behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Business Purposes: In connection with our general business operations, product/service improvements, to enable certain features, and in connection with our other legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) When we disclose information for business purposes we may disclose Identity Data, Contact Data, Device/Network Data, and User Content. We may also disclose to service providers Special Category Data and Face Recognition Data to the extent you authorize processing in connection with our Face Recognition Services.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS AND CHOICES
YOUR RIGHTS
To the extent required under applicable law, and subject to our rights to limit or deny access/disclosure under applicable law, you have the following rights in your Personal Data. You may exercise your rights by contacting us at the address below.
Access: You may receive a list of your Personal Data that we process to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law. You may be able to make changes to much of the information you provided directly via the Service via your account settings menu.
Erasure: To the extent required by applicable law, you may request that we delete your Personal Data from our systems.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Direct Marketing: Residents of California (and others to the extent required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. This request must be written, signed, and mailed to us.
Regulator Contact: You have the right to contact or file a complaint with regulators or supervisory authorities about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
California Rights: Residents of California (and others to the extent required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. Upon receipt of a verifiable request, you may also request that we provide you a copy of your Personal Data, direct us to stop selling or disclosing Personal Data for certain purposes (if we have done so), and receive information regarding: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties with whom we have disclosed your Personal Data, or sold, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
We may require that you provide additional Personal Data to exercise these rights, e.g. information necessary to prove your identity.
YOUR CHOICES
It is possible for you to use some of our Services without providing any Personal Data, but you may not be able to access certain features or view certain content. You have the following choices regarding the Personal Data we process:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Cookies and Similar Tech: If you do not want information collected through the use of cookies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu. You must opt out of third-party services directly via the third party. For example, to opt-out of Google’s analytics and marketing services, visit Google Analytics Terms of Use, the Google Privacy Policy, or Google Analytics Opt-out. To learn more about how to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. Please note, at this time, our Service does not respond to your browser’s do-not-track request.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
CampMinder is a processor of Clients’ personal data. We may notify Clients of your data rights requests, however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data on our Service, and Clients may have additional copies of this information that is outside of our control.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. However, we sometimes share Personal Data with, or process data on behalf of third parties, as noted above. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for so long as it remains relevant to its purpose, and in any event, for so long as is required by law. As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients and campers’ parents, and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
If any complaints by EU residents cannot be resolved informally, we have agreed to participate in the JAMS dispute resolution procedures pursuant to EU-U.S. Privacy Shield principles. EU residents with unresolved complaints may refer them to JAMS here. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at:
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you.
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes, or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone: 303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Microsoft | Vendor – Hosted campminder.system test environment. Houses all CampMinder system database details. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
SendGrid | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Flexential | Vendor – PCI compliant server environment where transaction data is stored; data includes payments made to our clients by their clients for registration fees. |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Geotrust | Vendor – SSL certificate which provides secure, encrypted communications between a website and an internet browser. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor – Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Bill.com | Vendor – Provides a bookkeeping platform where we store information including client banking information, client contact information including name, address, phone number and email address |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Falling Creek Camp, Camp Huawni, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Camp Granite Lake, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Camp Woodward West, Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI, Concordia Language Villages, Nobles Day Camp, YMCA Vanderbilt, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Mitzvah Corps, URJ NFTY in Israel, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, PALS Program, YMCA Camp Tecumseh, Camp Fitch YMCA, Cape Cod Sea Camps, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
Vendor — provides Google Play Services, which includes application marketplace for the purchase and updating of application. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. | |
Redis | Vendor - Redis is an open source (BSD licensed), in-memory data structure store, used as a database, cache and message broker. It supports data structures such as strings, hashes, lists, sets, sorted sets with range queries, bitmaps, hyperloglogs, geospatial indexes with radius queries and streams. |
Mixpanel | Vendor – Provides usage analytics that tracks user interactions with web and mobile applications. |
Crash Analytics | Vendor – Provides identify, alert and report on web and mobile crashes, in production or on development/testing environments. |
Microsoft Azure | Vendor – Provides cloud computing service created by Microsoft for building, testing, deploying, and managing applications and services through Microsoft-managed data centers. |
Ronningen Design | Vendor – Provides of graphic design, website design and marketing services to and for the Summer Camp industry. |
Paysafe | Vendor - Provides electronic transaction payment services that are also subject to privacy policy found at https://www.paysafe.com/privacy-policy/ |
Apple App Store | Vendor - Provides application marketplace for the purchase and updating of applications. Also subject to Apple Privacy Policy found at https://www.apple.com/privacy |
Effective March 4th 2019 to April 9th 2019
DownloadTable of Contents
WELCOME!
Welcome to CampMinder. We take your privacy seriously and know you do too. This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your personal data. We also describe Your Rights and Choices with respect to how we process your personal data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of CampMinder LLC (“CampMinder,” “us,” “our,” or “we”), a Colorado company with offices at 5766 Central Avenue, Boulder, CO 80301. You can contact us here.
APPLICABILITY
This Privacy Policy applies to our “Services”, which include our websites that link to/post this Privacy Policy, including any subdomains or mobile versions (the “Site(s)”) and mobile applications (the “Mobile App(s)”).
AGREEMENT
This Policy is incorporated into the Terms of Use governing your use of any of our Services. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.
Following notice to you or your acknowledgment of this Privacy Policy (including any updates), your continued use of any of our Services indicates your consent to the practices described in this Policy.
THIRD PARTIES
CampMinder is a service provider for camps and other clients (“Clients”). Our Services enable our Clients to connect with, support, and provide services to parents, client customers, as well as the Client’s administrators and staff. In each case, we provide a platform for use by Clients, and this Policy reflects the data processed and activities undertaken through our Services. However, the Policy does not apply to the Client’s own uses of your data, including processing they may choose to undertake that is not described in, or different from, this Policy.
This Policy also does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them. See our list of third parties for more information regarding our sources and recipients of personal data.
COLLECTION AND USE OF PERSONAL DATA
DATA WE COLLECT
We collect and process the following types of information, including data that relates to identified or identifiable individuals (“Personal Data”) (note, specific Personal Data elements listed in each category are only examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, ID/driver’s license number, gender, marital status, date of birth, social security number, photo/avatar, username, and other Personal Data you may provide on applications, registration forms, or as part of an account profile (e.g. biographical information).
Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
Contact Data: Personal Data used to contact an individual, e.g. email address(es), physical address(es), phone number(s), or social media or communications platform usernames/handles, as well as a name or other salutation.
Financial Data: Personal Data relating to financial accounts or services, e.g. a credit card, bank, or other financial account numbers, and other relevant information you provide in connection with a financial transaction.
Device Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata, and other data generated through applications and browsers, including cookies and similar technologies.
Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS or other precise localization service.
Special Category Data: Personal Data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health information, or information relating to sex life or sexual orientation.
Custom Content: Information that a user provides in a free text or other unstructured format, or pursuant to custom fields created by a Client; this may include Personal Data or Special Category Data to the extent provided by the user.
PROCESSING OF PERSONAL DATA
USER ACCOUNT REGISTRATION
Data: Users may register and create an account on our Services. When you register, we process certain Personal Data on behalf of the Client, which typically includes Identity Data and Contact Data. We may also process certain Financial Data if you choose, for example, to purchase products and services through our Service.
Uses: On behalf of the Client, we use Identity Data and Contact Data as necessary to create, maintain, and provide you with important information about your account. Financial Dataprovided at registration will be used only as necessary to process transactions at your request or to store payment information for future purchases. Subject to Your Rights and Choices, we may also use Identity Data as part of our efforts to improve our Services, and on behalf of the Client, we may process Identity Data and Contact Data in connection with marketing communications.
CLIENT AND FAMILY APPLICATION/REGISTRATION
Data: Client’s users may submit inquiries, camper applications, medical and other forms, and register with Clients through our Services. When you submit an application or register with a Client, we process certain Personal Data on behalf of the Client, which typically includes IdentityData, Contact Data, and Financial Data, and if requested by the Client, Custom Content and Special Category Data.
Uses: On behalf of the Client, we use all Application/Registration data as necessary to provide our Services to the Clients, including in connection with the assessment of applications and prospective applicants, and creation of the Client-Camper relationship. Financial Data provided in connection with any application/registration will be used only as necessary to process transactions you request. Subject to Your Rights and Choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of Camper records, which may include family/guardian relationships, emergency contact information, mailing addresses, etc.; (ii) to provide marketing or other communications between Clients and parents; and (iii) along with Special Category Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.), and where permitted by law, to maintain records relating to the health and treatment of campers by the Client.
PURCHASE & DONATIONS
Data: On behalf of the Client, we process Transaction Data, Identity Data, Financial Data, and certain Contact Data when you complete a purchase from or donate to a Client through our Services. Note, all purchases and donations are processed by a third party on behalf of us or the Client, however, we and/or the Client may obtain any Personal Data processed by that third party.
Uses: On behalf of the Client, we use the Transaction Data, Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction, or in connection with certain recordkeeping the Client may wish to undertake. Financial Data is used only as necessary to process your transaction, and if you request, we may store your Financial Data for future purchases. Subject to Your Rights and Choices, we may process the Transaction Data and Identity Data to improve design and delivery of our Services, and on behalf of the Client, to keep a record of donors and donations, or in connection with marketing communications.
CLIENT COMMENTS, MESSAGING & CUSTOM CONTENT
Data: On behalf of the Client, we process Identity Data, Contact Data, and if provided, Custom Content when you use our Services to fill out forms relating to Clients, message the Client or send a message to a camper, or if you otherwise submit any Custom Content (e.g. on a comment board or other free-form content submission form).
Uses: On behalf of the Client, we use Identity Data and Contact Data as necessary to carry out the processes and transactions you request. Subject to Your Rights and Choices, we may also use Identity Data and to improve our Services and, on behalf of the Client, we may make certain Custom Content and Identity Data, including information (such as name) derived from analysis of faces that appear in photos, contained in Client photos and videos available on our site for viewing by parents and Client Administrators, and we may process Identity Data and Contact Data in connection with marketing communications.
Note: We do not screen messages, comments or other postings for personal or inappropriate content.
EVENTS, PLANNING AND CLIENT ACTIVITIES
Data: On behalf of the Client, we may process Identity Data and Contact Data, and if requested by the Client, Custom Content and Special Category Data in connection with the management of events, trips, and other activities at the Client, as well as Client administration.
Uses: On behalf of the Client, we use this personal data as necessary for the Clients to manage these activities. Subject to Your Rights and Choices, we may also use Identity Data, Contact Data, and Custom Content on behalf of Clients: (i) in connection with the maintenance of event-related administrative camper records, e.g. Client and event scheduling and attendance records, building/room/bus/seat assignments or other data relating to transportation use, counselor assignments, event description/destination, etc., and (ii) along with Special Categories Data, in accordance with your consent provided to the Client (e.g. to provide health services, adjusting meal options, etc.) and where permitted, to maintain records relating to the health and treatment of users by the Client.
MOBILE APPS
Data: If you use our Mobile Apps, we process certain Personal Data on behalf of the Client, which typically includes Identity Data, Contact Data, Device Data, and, with your consent, Location Data. Note, you may also be able to complete purchases, register for an account, or enroll in marketing communications through our Mobile App.
Uses: On behalf of the Client, we process the Identity Data, Contact Data, and Device Data as necessary to create your account and deliver the Service and fulfill your requests. Subject to Your Rights and Choices, we may use the Identity Data, Contact Data, Device Data, and Location Data to improve our services, and we may process this Device Data and Location Data on behalf of the Client in connection with counsel location awareness features or other location services the Client may offer.
STAFFING DATA
Data: On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with an application to be a Client’s administrator, counselor, volunteer, or otherwise join or support a Client’s team, and where requested by the Client, in connection with criminal, professional, credit or other background checks relating to an applicant.
Uses: All staffing data will be used as is requested by the Client, as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to Your Rights and Choices, we process this Personal Data on behalf of the Client, in connection with Clients’ activities in relation to the assessment, creation, maintenance, and termination of the staffing relationship, or in connection with various background checks relating to a prospective staff member.
Note: CampMinder may maintain relationships with background check providers, and Clients may direct CampMinder to assist in the request, fulfillment, and storage of background check information. However, Clients are the controllers of such information and are responsible for obtaining applicants’ consent, ensuring the legal rights of applicants, and for their use of background check data.
ADMINISTRATION DATA
Data: On behalf of the Client, we may process Identity Data, Financial Data and Contact Data as well as certain Special Category Data in connection with administrative information collected by Clients, such as invoicing, expense reporting, financials, or other internal processes. This information may include medical information of certain staffers or campers, or other similar Special Categories data, to the extent provided by the staffer, camper, or parent.
Uses: On behalf of the Client, we process Identity Data, Financial Data and Contact Data primarily in connection with Clients’ internal business activities in relation to the analysis and internal reporting of Client financials, performance, or other activities. All administrative data will be used as is required by the Client as necessary in connection with these activities, or as required by law. Financial Data is collected and may be stored for payroll or reimbursement purposes, or as otherwise necessary in the context of the staffing relationship. Subject to Your Rights and Choices, we may process the Special Categories Data in connection with the individual’s consent, or as otherwise permitted by law.
COOKIES AND SIMILAR TECHNOLOGIES
Data: We, and certain third parties, may process Device Data when you interact with cookies and similar technologies. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.
Uses: In connection with our legitimate interests in providing and improving the user experience and efficiency of our Services, and understanding information about the devices and demographics of visitors to our Services, we use this information (i) for “essential” or “functional” purposes, such as to enable various features of the Services such as your browser remembering your username or password, maintaining a session, or staying logged in after a session has ended; (ii) for analytics and site performance purposes, such as tracking how the Services are used or perform, how users engage with and navigate through the Services, what sites users visit before visiting our Services, how often they visit our Services, and other similar information; and (iii) for the purpose of displaying advertisements via retargeting to those users who may have demonstrated an interest in our Service.
Note: Some of these technologies can be used by third parties to identify you across platforms, devices, sites, and services. Clients may also have access to information, such as reports and analytics, generated through these services.
MARKETING COMMUNICATIONS
Data: We may process Identity Data and Contact Data in connection with email marketing communications, including (i) on behalf of Clients, when you register for an account, and choose to enroll, or are enrolled by the Client, to receive marketing communications; (ii) on behalf of Clients, when you open or interact with, a Client’s electronic marketing communications; (iii) on our own behalf when you contact us directly, or express an interest in our products and services; and (iv) on our own behalf when you open or interact with our marketing communications.
Uses: We use Identity Data and Contact Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase services from us. See Your Rights and Choices for information about how you can limit or opt out of this processing.
ADDITIONAL PROCESSING
If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Your Rights and Choices) unless otherwise stated when you provide it.
Note that we may, without your consent, also process your Personal Data on certain public interest grounds. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest. Please see the Data Sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
DATA SHARING
GENERALLY
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer Personal Data to the following categories of recipients:
Clients: We process data on behalf of Clients, and may share your Personal Data with Clients to the extent such information was provided to us for processing on the Client’s behalf. For example, any forms, applications, messages, or other material may be processed by us for Clients, and all Personal Data processed on behalf of the Client may be available to the Client and its users. These parties may engage in direct marketing, or other activities that are outside our control.
Service Providers: In connection with our general business operations, product/service improvements, to enable certain features, and in connection with our other legitimate business interests, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf.
Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS & CHOICES
YOUR RIGHTS
To the extent required under applicable law, and subject to our rights to limit or deny access/disclosure under applicable law, you have the following rights in your Personal Data. You may exercise your rights by contacting us at the address below.
Access: You may receive a list of your Personal Data that we process to the extent required and permitted by law.
Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law. You may be able to make changes to much of the information you provided directly via the Service via your account settings menu.
Erasure: To the extent required by applicable law, you may request that we delete your Personal Data from our systems.
Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.
Direct Marketing: Residents of California (and others to the extent required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. This request must be written, signed, and mailed to us.
Regulator Contact: You have the right to contact or file a complaint with regulators or supervisory authorities about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.
We may require that you provide additional Personal Data to exercise these rights, e.g. information necessary to prove your identity.
YOUR CHOICES
It is possible for you to use some of our Services without providing any Personal Data, but you may not be able to access certain features or view certain content. You have the following choices regarding the Personal Data we process:
Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to processing related to direct marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Location Data: You may control or limit Location Data that we collect using our Mobile App by changing your preferences in your device’s location services preferences menu, or through your choices regarding the use of Bluetooth, WiFi, and other network interfaces you may use.
Cookies & Similar Tech: If you do not want information collected through the use of cookies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu. You must opt out of third-party services directly via the third party. For example, to opt-out of Google’s analytics and marketing services, visit Google Analytics Terms of Use, the Google Privacy Policy, or Google Analytics Opt-out. To learn more about how to opt out of Google’s use of cookies, visit Google’s Ads Settings, here. Please note, at this time, our Service does not respond to your browser’s do-not-track request.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.
NOTE REGARDING CLIENTS' DATA
CampMinder is a processor of Clients’ personal data. We may notify Clients of your data rights requests, however, we may be unable to directly fulfill rights requests regarding Personal Data unless we control or have the necessary rights of access. CampMinder may not have access to or control over all or some Personal Data controlled by Clients. Please contact the Client directly for data rights requests regarding Client-controlled information, and we will assist the Client as appropriate in the fulfillment of your request. Please note that, to the extent we make interfaces available for you to directly control your data, these will take effect only with respect to the data on our Service, and Clients may have additional copies of this information that is outside of our control.
SECURITY
We follow and implement reasonable security measures to safeguard the Personal Data we process. However, we sometimes share Personal Data with, or process data on behalf of third parties, as noted above. While we may require our service providers to follow certain security practices, we do not have control over and will not be liable for third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for so long as it remains relevant to its purpose, and in any event, for so long as is required by law. As we process Personal Data on behalf of Clients, we may retain information for the periods requested by the Client or delete information at the Client’s request. We will review retention periods periodically, and if appropriate, we may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services are intended for use by Clients and campers’ parents, and are neither directed at nor intended for direct use by individuals under the age of 16. Further, we do not knowingly collect Personal Data directly from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.
INTERNATIONAL TRANSFERS
We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law.
EU-U.S. PRIVACY SHIELD
We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce with respect to the processing of Personal Data from European Union member countries as described in this Privacy Policy. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.
If there is any conflict between this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.
We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.
If any complaints by EU residents cannot be resolved informally, we have agreed to participate in the JAMS dispute resolution procedures pursuant to EU-U.S. Privacy Shield principles. EU residents with unresolved complaints may refer them to JAMS here. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.
In compliance with the Privacy Shield Principles, CampMinder commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CampMinder at:
CampMinder has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you.
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time. Changes will be posted on this page with the effective date. Please visit this page regularly so that you are aware of our latest updates. Your acknowledgment of these changes, or use of the Services following notice of any changes (as applicable) indicates your acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below.
General inquiries:
info@campminder.com
Physical address:
CampMinder, LLC
5766 Central Avenue
Boulder, CO 80301
Phone: 303-444-2267
LIST OF THIRD PARTIES
UNAFFILIATED PARTIES AND PARTNERS
The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:
Third Party | Data Sources |
Amazon Web Services | Vendor – Hosted CM Desktop – Camp In Touch environment housing all details associated with clients of our clients including name, address, date of birth, gender and contact information. |
Microsoft | Vendor – Hosted campminder.system test environment. Houses all CampMinder system database details. |
RackSpace | Vendor – Hosted Microsoft Azure Production environment, managed by Rackspace. Houses all CampMinder system database details. |
SendGrid | Vendor – Email service that enables the transmission and storage of email traffic between our clients and their clients through the CampMinder system. |
Flexential | Vendor – PCI compliant server environment where transaction data is stored; data includes payments made to our clients by their clients for registration fees. |
Alachisoft | Vendor of NCache, a product that provides an extremely fast and linearly scalable distributed cache that caches application data. |
Geotrust | Vendor – SSL certificate which provides secure, encrypted communications between a website and an internet browser. |
Vinta Soft | Vendor – Provides image processing service as part of our summer services offered as an option through our Camp In Touch service. |
Wistia | Vendor – Provides video hosting service for clients that provide videos to their clients as part of our summer services offered as an option through our Camp In Touch service. |
District Photo | Vendor – Provides photo processing, printing and shipping of images presented for purchase by the clients of our clients through the Camp In Touch platform as part of our summer services offered as an option through our Camp In Touch service. Digital images viewed in the Camp In Touch platform are available for purchase. Purchaser information stored in the service include name, address, payment method information, phone number and email address. |
Salesforce | Vendor – Provides a customer relationship management platform. Here we store client contact information including name, address, phone number and email address. |
Bill.com | Vendor – Provides a bookkeeping platform where we store information including client banking information, client contact information including name, address, phone number and email address |
Quickbooks | Vendor – Provides an accounting and general ledger platform where we store client information including name, address, phone number and email address. |
NMI | Vendor – Payment gateway solution for epayments and credit card transactions. Data stored includes payors name, payment method details, payment amount and date of payment. |
Camp Takajo, Camp Manitou, Tripp Lake Camp, Camp Lenox, Camp Wingate Kirkland, Camp Greystone, Alpine Camp for Boys, AdventureTreks, Camp Highlander, Falling Creek Camp, Camp Huawni, Camp Pinnacle, Camp Romaca, Camp Young Judaea Texas, Camp Granite Lake, Everwood, Rolling River Day Camp, Green River Preserve, Camp Highland, International Sports Training Camp, Camp River Way, SuperCamp, Camp Alonim, YMCA New York, Camp Skyline, Raquette Lake, Camp Woodward East (PA), Camp Woodward West, Yachad, Asphalt Green Summer Day Camp, NCSY Summer Programs, Camp Mystic, Camp Ramah in Wisconsin / Ramah Day Camp, Harlam, 6 Points Sports Academy, Six Points Sci Tech, OSRUI, Concordia Language Villages, Nobles Day Camp, YMCA Vanderbilt, Camp Cody, Camp Coleman, Camp Greene, Camp Kalsman, Camp Eisner, Camp Crane Lake, Camp Newman, URJ Camp George, URJ GUCI, URJ Henry S. Jacobs Camp, URJ NFTY EIE, URJ Mitzvah Corps, URJ NFTY in Israel, URJ Kutz Camp, Camp Green Leaf, Coleman Country Day Camp, URJ NFTY, URJ 6 Points Sports Academy CA, PALS Program, YMCA Camp Tecumseh, Camp Fitch YMCA, Cape Cod Sea Camps, URJ Sci-Tech West, URJ Arts, URJ Teen Travel, URJ RAC | Clients also known as Camps – These clients use an API key provided by CampMinder to integrate only their specific data that is owned by them with same clients’ marketing and/or customer relationship management platform that is independent of the CampMinder platform. |
Vendor — provides Google Play Services, which includes application marketplace for the purchase and updating of application. In addition, Google collects information about the apps, browsers, and devices you use to access Google services, which helps Google provide features like automatic product updates. The information Google collects includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. Google also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. Google collect this information when a Google service on your device contacts Google’s servers — for example, when you install an app from the Play Store or when a service checks for automatic updates. |
Terms of Service
Effective March 4th 2019
DownloadTable of Contents
OVERVIEW
Welcome to CampMinder! This website is owned and operated by CampMinder, LLC (“CampMinder,” “us,” “our,” or “we”). These Terms and Conditions of Use (“Terms of Use“) set forth the terms and conditions under which you are authorized to use one of our websites, including any website where these Terms of Use are posted, and any subdomains and mobile versions thereof (collectively, the “Services”).
To the extent additional rules or guidelines affect your use of our Services, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. By using any of our Services, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Services. Through your use of our Services, you acknowledge these Terms of Use.
THIRD-PARTY SERVICES AND CONTENT
We provide our services on behalf of our third party camps and other clients (“Clients”), and may use third party service providers in order to provide features or services to you. Your interactions with, and use of features and other content or services provided by, third parties are not governed by these Terms of Use. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties. You further acknowledge that any reliance on representations and warranties provided by any party other than CampMinder will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party or use of your information by those third parties. Your use of those third-party websites and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies.
MODIFICATIONS AND INTERRUPTION TO THE SERVICES
We reserve the right to modify or discontinue all or any portion of our Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Services, or that operation of our Services will be uninterrupted or error free. You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
YOUR ACCOUNT
As a condition of your right to use our Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Services under the laws of the United States or any other country. By registering as a user, YOU REPRESENT THAT YOU ARE AGE 16 OR OLDER. People under the age of 16 are prohibited from registering. CampMinder reserves the right to terminate any account with or without reason at any time.
You will set a password for your account, and you agree to protect and safeguard it against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session and must not share your login credentials with any third parties without CampMinder’s authorization.
YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, IF CONDUCTED THROUGH YOUR ACCOUNT. CampMinder is not liable for any harm you may incur as a result of someone else using your password or account, either with or without your knowledge.
DATA COMPLIANCE
As part of registration, you will be asked to provide certain data about yourself and your camper(s), including Personal Data (as defined in our Privacy Policy) and sensitive health or financial information. By providing this data, you represent that the data is true, accurate, current and complete, and you agree to maintain and promptly update the user data to keep it true, accurate, current and complete.
CampMinder may process this data as set forth in the Campminder Privacy Policy, including (without limitation) by disclosing such information to a Client and the Client’s authorized users, medical personnel, and others third parties who may disclose and/or use the information for diagnosis, treatment and other lawful purposes. By providing such wdata, you represent and warrant that you have all necessary right, title, and interest (including any consent or other lawful basis) necessary to provide such data to CampMinder and any third-party recipients for these and any other applicable purposes described in our Privacy Policy.
Our Service is not directed at children under the age of 16. CampMinder complies with the Children’s Online Privacy Protection Act and other applicable law, and does not knowingly permit registration or submission of Personal Information by anyone less than 16 years of age. By providing any Personal Data, you represent that you are the parent or legal guardian of anyone under age 16 about whom such Personal Data relates.
Please review our Privacy Policy for more information about the rights you grant to CampMinder, and your rights and obligations with respect to Personal Data.
RESTRICTED ACTIVITIES
You may not engage in any of the following with regard to the Services (including without limitation posting or transmitting content through the Services), and you agree not to use the Services to:
- violate or encourage the violation of any local, state, national, or international law or regulation;
- collect or store personal data about other users of our Services or solicit personal information from any individual without proper rights or consent of the individual;
- send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by CampMinder in its sole discretion;
- infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
- promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
- disrupt or interfere with the security or use of the Services or any websites or content linked to them;
- interfere with or damage the integrity of the Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Services;
- use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;
- attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) CampMinder or create or use a false identity;
- attempt to obtain unauthorized access to the Services or portions thereof that are restricted from general access;
- use any meta tags or any other “hidden text” utilizing CampMinder name, trademarks, or product names;
- attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Services;
- engage in any activity that interferes with any third party’s ability to use or enjoy the Services; or
- assist any third party in engaging in any activity prohibited by these Terms of Use.
Further, without our written consent, you may not:
- reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any CampMinder content or any use of or access to the Services;
- use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Services or monitor or copy our web pages or the content contained thereon;
- deep link to the Services for any purpose; or frame the Services, place pop-up windows over any content, or otherwise affect the display of the Services;
- access the Services in order to build a competitive service or to benchmark with a non-CampMinder service; or
- reverse engineer the Services (to the extent such restriction is permitted by law).
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, CAMPMINDER, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “CAMPMINDER PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE CAMPMINDER PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY CAMPMINDER PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE CAMPMINDER PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE CAMPMINDER PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY CAMPMINDER PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE CAMPMINDER PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED $100.00. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
INDEMNIFICATION
You agree to indemnify and hold the CampMinder Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on our Services, or other use of our Services in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Services using your computer, mobile device or account.
COPYRIGHT AND TRADEMARK INFORMATION
All content, copyrights and other intellectual property rights in the content available on our Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content”), are owned by CampMinder, with all rights reserved, or in some cases may be licensed to CampMinder by third parties. This Content is protected by the intellectual property rights of CampMinder or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with CampMinder.
PERMITTED USE OF THE CONTENT
Any use of Content on the Services, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of CampMinder, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of CampMinder.
You may use the Content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not make any use of Content owned by any third parties which is available on the Services, without the express consent of those third parties.
You may use the Content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not make any use of Content owned by any third parties which is available on the Services, without the express consent of those third parties.
LINKS TO THE SERVICES
You are hereby licensed to create hyperlinks to our Services, provided that the hyperlink accurately describes the Services. If you include links to our Services on your website, when the link is clicked, the applicable page within our Services must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the applicable Service, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by CampMinder. Under no circumstances may you “frame” all or any portion of the Services or copy portions of the Services to a server, except as part of an Internet service provider’s incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.
CONTENT COMPLAINTS
If you believe that any Content on our Services violates these Terms of Use or is otherwise inappropriate, please report the Content by contacting us by mail at CampMinder, LLC 5766 Central Avenue, Suite 200, Boulder, Colorado 80301
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
In the event that you find Content posted on our Services which you believe to be an infringement of the copyright ownership or other intellectual property rights of your company or any third party, you are requested to immediately contact CampMinder’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA“):
Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
- a description of the infringing material and the URL where such material is located on the Services, or a description of where on our Services you found such material;
- your written statement that you believe, in good faith, that the use of the work on our Services has not been authorized by the true owner of the work, its agent, or as a matter of law; and
- a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
E-mail: compliance@campminder.com, subject line “DMCA Notice”
In accordance with the DMCA, it is the policy of CampMinder to terminate use of our Services by repeat infringers in appropriate circumstances.
USER-SUBMITTED CONTENT
Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Services, including without limitation blog comments, message board posts, and any other Content which does not originate with CampMinder (“User Content“), is the sole responsibility of the person who made such User Content available on the Services. Under no circumstances will CampMinder be liable in any way for any User Content made available through this Services by you or any third party.
Since CampMinder does not control the User Content posted on the Services, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Services, you may encounter Content that you may consider to be objectionable. The CampMinder has no responsibility for any User Content, including without limitation any errors or omissions therein. The the CampMinder Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Services.
User Content is owned by the author thereof, and CampMinder does not claim ownership of original works created and posted by individual visitors to this Services. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Services, you are granting CampMinder, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
CampMinder reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Services. You agree that the exercise by CampMinder of such discretion shall not convert or transform User Content to Content owned or provided by CampMinder, and the user who made such User Content available on the Services will retain ownership thereof as described below.
As required by California Law, we permit minors under the age of 18 to request the deletion of any Content or information that the minor has posted on our Services. To request the removal of Content or information you have posted on our Services, please send a letter or email to the address below with (i) your name, (ii) a complete description of the content you would like removed, and (iii) the web address(es) of the Content you would like removed. Please be aware that our fulfillment of this request does not ensure complete or comprehensive removal of the Content or information you have posted on our Services.
MOBILE DEVICES & THIRD-PARTY RESTRICTIONS
If you access our Services on mobile devices or in our mobile application, you understand that your mobile carrier’s standard charges will apply. When you download our mobile application, you will also be subject to any terms imposed by the “store” through which you obtain the mobile application, if any (e.g. the Apple App Store or Google Play Store, or others).
Any Mobile app installed from the Apple App Store, Google Play Store, or other app “store” must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store or other store. The following terms are required by Apple and are applicable if you install our mobile application from the Apple App Store:
CampMinder, not Apple, is responsible for:
- The content in the mobile application;
- Maintenance or support of the mobile application;
- Any product warranties, whether express or implied;
- Addressing any claims of the end-user or any third party relating to the mobile application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (a) product liability claims; (b) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and,
- The investigation, defense, settlement and discharge of any third party claim that the mobile application or your possession and use of that mobile application infringes a third party’s intellectual property rights.
Further, if you install our mobile application from the Apple App Store, you acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and you will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.
PROVIDING FEEDBACK TO CAMPMINDER
We welcome your comments and feedback about our Services. All information and materials submitted to CampMinder through the Services or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Services or the business of CampMinder (collectively, “Feedback“), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but CampMinder reserves the right to treat any such Feedback as the confidential information of CampMinder.
By submitting Feedback to CampMinder, you assign to the CampMinder Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The CampMinder Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
GOVERNING LAWS
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. By use of the Service, you irrevocably agree that any legal or equitable action or proceeding arising under or in connection with this Agreement shall be brought exclusively in the Federal or state courts in the County of Denver in the State of Colorado, where you consent to jurisdiction and venue and service of process by any means permitted therein. YOU IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. Any failure of CampMinder to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Services in any way that violates applicable state, federal, or international laws, regulations, relevant guidance, or other government requirements.
CHANGES TO THESE TERMS
We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Services, without further notice to you. Your continued use of any of our Services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.
OTHER TERMS
If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of CampMinder.
You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Services.
You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding our Services, constitutes the entire agreement between you and CampMinder regarding your use of the Services, and that any other prior agreements between you and CampMinder are superseded by these Terms of Use.
Any failure by CampMinder to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CONTACT US
If you have any questions about these Terms of Use, please feel free to please contact us at 303-444-CAMP (2267).
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.se
CampMinder MLA Changes
Effective March 7th 2019
DownloadTable of Contents
Term | Modification | Rationale |
Definitions | Added definitions of Confidential Information, Data Protection Laws, and Personal Data. In addition, clarified definitions of CampInTouch User, Confidential Information, Licensee Data, Order Form, Software Products and Third Party Services. | The additions and modification to this section were due, in large part, to changes in Privacy Law and Regulations, including the new EU GDPR. Further, certain of the clarifications were made to better reflect the enhancements and changes to the CampMinder Software and operations. |
Section 1A Scope of License | Added the Order Form and clarified grant of license, authorized users and prohibited acts in the Scope of License Section. | The addition of the Order Form allows our customers and CampMinder to streamline the contracting process and simply add Order Forms as a customer desires to use additional CampMinder applications and solutions. The other specific changes to the Scope of License Section clarified the grant of license as well as how Authorized Users access and use the Software Products. |
Section 1(B) Warranties, Disclaimers | Changed the warranty section to insert time frames for warranty and disclaim claims related to Third Party Services and software. Also clarified that CampMinder has the right to determine how to correct/repair Software Product or terminate Agreement and refund unused portion of Fees. | Added to make CampMinder's terms consistent with standard SaaS software licensing terms. |
Section 1(C) Limitations of Liability | Simplified the section and made the limitations of liability mutual. Also, moved language regarding Third Party Services to Section 1(J). | Added to make limitations of liability mutual to both parties. |
Section 1(D) Payments | Added the Order Form concept as the method of defining product modules and pricing. Provides to CampMinder the ability to (i) raise license fees on 30 days notice; (ii) charge interest on late payments, (iii) suspend services for late payment, and (iv) withdraw money from ACH. Also clarified that payments are due net 30. | These changes were made to reflect the current business practices of CampMinder related to payments, billing and collections. CampMinder will endeavor to communicate all changes stated here in accordance with our methods of operation and client service. |
Section 1(E) Training; Consulting | This section was removed from the agreement and the details of the Training procedures have been relocated to legal.campminder.com/training-policies | This change was made to ensure that clients had easy access to the most current and accurate training policies which may be subject to change from time to time. |
Section 1(F) Proprietary Right and Licenses | Streamlined language and clarified use and protection of Licensee Data, which could be used in aggregate to (i) provide Software Products, (ii) evaluate and provide benchmarking, analytics and trends for the Licensee and the industry and (iii) improve the Software Products and associated services. | Added to make CampMinder's terms consistent with standard SaaS software licensing terms. |
Section 1(G) Confidentiality | Added a mutual Confidentiality provision to protect both parties confidential information. | These changes were made so that the parties could specifically agree that each party would treat the other parties information as confidential and is done so to reflect current business practices. |
Section 1(H)-(I) Compliance with Laws and Privacy and Data Security | Added explicit language regarding treatment of Personal Data and compliance with GDPR, HIPPA, and Data Breaches. | There changes were made to better reflect CampMinder's business processes and in reaction to changes in privacy laws and regulations such as GDPR. |
Section 1(J) (Third Party Services) | Added specific language regarding CampMinder making Third Party Services available to Camps and how the engagement with such third parties would work. Also, clarified that each time a Camp sends CampMinder Personal Data it must get consent from such users. Moved disclaimer language from Section 1(B) in order to consolidate all language regarding all third party services into a single section of the agreement. | This addition was made to clarify how Camps engage with those Third Party Service providers made available through CampMinder. |
Section 1(K) Indemnification | Clarified indemnity from the Camps for claims related to breaches by Camps or Authorized Users. | Added to make CampMinder's terms consistent with standard SaaS software licensing terms. |
Section 2(A) Binding Effect; Assignment | Added language allowing CampMinder to freely assign the agreement upon a change of control. | Added to make CampMinder's terms consistent with standard SaaS software licensing terms. |
Section 2(B) Entire Agreement; Survival; Amendment and Waiver | Added the ability to modify or amend the Agreement when required. Also, added the ability to change the Software Products and/or any associated services to (i) modify/enhance Software Products or (ii) comply with laws. | Added to improve CampMinder's ability to improve its products more easily or comply with any new laws. |
Section 2(C) Term | A change was made to the notice for non-renewal to 90 days. Language has been added to address the auto-renewal of Summer Services and to allow a termination for convenience for CampMinder. | This change was made to give the parties more time to transition in the event of a termination or non-renewal and to clarify auto-renewals for Summer Services as well as the termination rights granted under the Agreement. |
Section 2(D) | Added express waiver of a jury trial. | Added to reduce potential costs of litigation for clients and CampMinder. |
Section 2(F) Trial Periods; Refunds | Added language to reflect how a Trial Periods applies to users of the software. | This addition was made to clarify how the concept of a Trial Period applies to new clients and to reflect CampMinder's current business practices. |
Section 2(H) Notices | Added language requiring Camps to provide address changes so that we can properly send any required notices. | The addition gives CampMinder the ability to provide prompt updates or notices to current addresses. |
Section 2(K) Merchant Processing; Credit Card Data | Added language to allow Camps to use both designated merchant processing partners and non-designated merchant processing partners. Included is an explanation of the applicable Convenience Fee for use of Non-Designated Merchant Processing Partners. Finally, specific language regarding responsiblity for PCI Compliance was also added. | This addition was made to clarify how methods of Merchant Processing currently apply and reflect CampMinder's current business practices. The additional mention of PCI compliance intends to make clear the responsibility on the part of the client |
Schedule A Software Modules | This section was deleted and information about specific modules will now be added to the Order Form. | The addition of the Order Form allows our customers and CampMinder to streamline the contracting process and simply add Order Forms as a customer desires to use additional CampMinder applications and solutions. |
Schedule B CampInTouch Agreement | Deleted and added links to the Terms of Service and Privacy Policy to Section 1(A)(2). | This change was made to simplify the Agreement and more accurately reflect what all users must agree to in the Terms of Service and the Privacy Policy. |
Schedule C Background Search Services | Updated the disclaimer of warranty language and limitation of liability and moved to the new Schedule A. | Separates terms of agreement for Background Checks into Schedule A. |
Schedule D General Support and Consultation Services | Created a new Schedule B, which includes our Training Policies and Procedures. | This addition was made to clarify how methods of Training and Support currently apply and reflect CampMinder's current business practices. |
Consultation and Support Policies
Effective January 27th 2021
DownloadTable of Contents
For the purpose of determining the hours of operation for consultation and support, CampMinder divides the year into two periods: Summer and Non-Summer. Each period is defined as follows:
Summer Hours - Summer Hours take effect beginning on the Tuesday after Memorial Day and are offered through the second weekend in August. During that period, we offer phone and ticket support:
- Monday through Friday - 7:00 am - 5:00 pm
- Saturday and Sunday - 7:00 am - 5:00 pm
- July 4th holiday (ticketing - only) - 7:00 am - 5:00 pm
All times are expressed in Mountain Time
Non-Summer Hours - Non-Summer Hours take effect beginning on the first Monday after the end of Summer Hours and extend through Memorial Day. During this time, we offer phone and ticket support:
- Monday through Friday - 7:00 am - 4:00 pm
All times are expressed in Mountain Time
Emergency Phone Support - In addition to CampMinder’s support hours, CampMinder will use commercially reasonable efforts to provide Emergency Phone Support (“EPS”) to Camp Administrators 24 hours per day during the summer season (as outlined above). EPS is available in a critical business emergency by calling the CampMinder office after office phone support hours and following the system prompts. The Client may expect a timely return call from CampMinder’s on-call support member. CampMinder requests that EPS should be used with reasonable discretion. CampMinder reserves the right to discontinue the service at any time.
National Holidays – CampMinder’s support office is closed on national holidays, with the exception of Memorial Day and Independence Day. CampMinder provides limited Electronic Ticketing System support between Christmas Eve and January 2. The CampMinder office is closed for holidays on Labor Day, Thanksgiving Day and the Friday after Thanksgiving, Christmas Eve, Christmas Day and on the holiday honoring Dr. Martin Luther King, Jr.
Other events affecting CampMinder’s hours of Consultation and Support - CampMinder will occasionally have periods of time during which client support availability will be delayed. The reasons for such delays shall be determined by CampMinder and include, among other things, scheduled maintenance, internet or phone service outages, emergency maintenance, and all-team meetings or retreats requiring attendance of all CampMinder employees. In those instances, CampMinder will make every reasonable effort to provide Clients with advance notice via a bulletin in the CampMinder system.
Effective October 20th 2020 to January 27th 2021
DownloadTable of Contents
For the purpose of determining the hours of operation for consultation and support, CampMinder divides the year into two periods: Summer and Non-Summer. Each period is defined as follows:
Summer Hours - Summer Hours take effect beginning on the Tuesday after Memorial Day and are offered through the second weekend in August. During that period, we offer phone and ticket support:
- Monday through Friday - 7:00 am - 5:00 pm
- Saturday and Sunday - 7:00 am - 5:00 pm
- July 4th holiday (ticketing - only) - 7:00 am - 5:00 pm
All times are expressed in Mountain Time
Non-Summer Hours - Non-Summer Hours take effect beginning on the first Monday after the end of Summer Hours and extend through Memorial Day. During this time, we offer phone and ticket support:
- Monday through Friday - 8:00 am - 4:00 pm
- Memorial Day - 8:00 am - 4:00 pm (ticketing only)
All times are expressed in Mountain Time
Emergency Phone Support - In addition to CampMinder’s support hours, CampMinder will use commercially reasonable efforts to provide Emergency Phone Support (“EPS”) to Camp Administrators 24 hours per day during the summer season (as outlined above). EPS is available in a critical business emergency by calling the CampMinder office after office phone support hours and following the system prompts. The Client may expect a timely return call from CampMinder’s on-call support member. CampMinder requests that EPS should be used with reasonable discretion. CampMinder reserves the right to discontinue the service at any time.
National Holidays – CampMinder’s support office is closed on national holidays, with the exception of Memorial Day and Independence Day. CampMinder provides limited Electronic Ticketing System support between Christmas Eve and January 2. The CampMinder office is closed for holidays on Labor Day, Thanksgiving Day and the Friday after Thanksgiving, Christmas Eve, Christmas Day and on the holiday honoring Dr. Martin Luther King, Jr.
Other events affecting CampMinder’s hours of Consultation and Support - CampMinder will occasionally have periods of time during which client support availability will be delayed. The reasons for such delays shall be determined by CampMinder and include, among other things, scheduled maintenance, internet or phone service outages, emergency maintenance, and all-team meetings or retreats requiring attendance of all CampMinder employees. In those instances, CampMinder will make every reasonable effort to provide Clients with advance notice via a bulletin in the CampMinder system.
Effective July 6th 2020 to October 20th 2020
DownloadTable of Contents
For the purpose of determining the hours of operation for consultation and support, CampMinder divides the year into two periods: Summer and Non-Summer. Each period is defined as follows:
Summer Hours - Summer Hours take effect beginning on the Tuesday after Memorial Day and are offered through the second weekend in August. During that period, we offer phone and ticket support:
- Monday through Friday - 7:00 am - 5:00 pm
- Saturday and Sunday - 7:00 am - 5:00 pm
- July 4th holiday (ticketing - only) - 7:00 am - 5:00 pm
All times are expressed in Mountain Time
Non-Summer Hours - Non-Summer Hours take effect beginning on the first Monday after the end of Summer Hours and extend through Memorial Day. During this time, we offer phone and ticket support:
- Monday through Friday - 7:00 am - 5:00 pm
- Memorial Day - 7:00 am - 5:00 pm
All times are expressed in Mountain Time
Emergency Phone Support - In addition to CampMinder’s support hours, CampMinder will use commercially reasonable efforts to provide Emergency Phone Support (“EPS”) to Camp Administrators 24 hours per day. EPS is available in a critical business emergency by calling the CampMinder office after office phone support hours and following the system prompts. The Client may expect a timely return call from CampMinder’s on-call support member. CampMinder requests that EPS should be used with reasonable discretion. CampMinder reserves the right to discontinue the service at any time.
National Holidays – CampMinder’s support office is closed on national holidays, with the exception of Memorial Day and Independence Day. CampMinder provides limited Electronic Ticketing System support between Christmas Eve and January 2. The CampMinder office is closed for holidays on Labor Day, Thanksgiving Day and the Friday after Thanksgiving, Christmas Eve, Christmas Day and on the holiday honoring Dr. Martin Luther King, Jr.
Other events affecting CampMinder’s hours of Consultation and Support - CampMinder will occasionally have periods of time during which client support availability will be delayed. The reasons for such delays shall be determined by CampMinder and include, among other things, scheduled maintenance, internet or phone service outages, emergency maintenance, and all-team meetings or retreats requiring attendance of all CampMinder employees. In those instances, CampMinder will make every reasonable effort to provide Clients with advance notice via a bulletin in the CampMinder system.
Effective March 7th 2019 to July 6th 2020
DownloadTable of Contents
For the purpose of determining the hours of operation for consultation and support, CampMinder divides the year into two periods: Summer and Non-Summer. Each period is defined as follows:
Summer Hours - Summer Hours take effect beginning on the Tuesday after Memorial Day and are offered through the second weekend in August. During that period, we offer phone and ticket support:
- Monday through Friday - 7:00 am - 6:00 pm
- Saturday and Sunday - 7:00 am - 5:00 pm
- July 4th - 7:00 am - 5:00 pm
All times are expressed in Mountain Time
Non-Summer Hours - Non-Summer Hours take effect beginning on the first Monday after the end of Summer Hours and extend through Memorial Day. During this time, we offer phone and ticket support:
- Monday through Friday - 7:00 am - 5:00 pm
- Memorial Day - 7:00 am - 5:00 pm
All times are expressed in Mountain Time
Emergency Phone Support - In addition to CampMinder’s support hours, CampMinder will use commercially reasonable efforts to provide Emergency Phone Support (“EPS”) to Camp Administrators 24 hours per day. EPS is available in a critical business emergency by calling the CampMinder office after office phone support hours and following the system prompts. The Client may expect a timely return call from CampMinder’s on-call support member. CampMinder requests that EPS should be used with reasonable discretion. CampMinder reserves the right to discontinue the service at any time.
National Holidays – CampMinder’s support office is closed on national holidays, with the exception of Memorial Day and Independence Day. CampMinder provides limited Electronic Ticketing System support between Christmas Eve and January 2. The CampMinder office is closed for holidays on Labor Day, Thanksgiving Day and the Friday after Thanksgiving, Christmas Eve, Christmas Day and on the holiday honoring Dr. Martin Luther King, Jr.
Other events affecting CampMinder’s hours of Consultation and Support - CampMinder will occasionally have periods of time during which client support availability will be delayed. The reasons for such delays shall be determined by CampMinder and include, among other things, scheduled maintenance, internet or phone service outages, emergency maintenance, and all-team meetings or retreats requiring attendance of all CampMinder employees. In those instances, CampMinder will make every reasonable effort to provide Clients with advance notice via a bulletin in the CampMinder system.
CampMinder Privacy Policy Changes
Effective April 16th 2019
DownloadTable of Contents
Section | Updated Language Description | Policy Language Added |
Collection and Use of Personal Data/Data We Collect | Description of facial recognition data collected to allow the software to recognize individuals from provided photographs for use in the Campanion mobile app. | Face Recognition Data: Personal Data that is generated in connection with an analysis of a photo or other image for purposes of using automated systems to identify an individual in another image, e.g. a facial map or similar analysis of facial geometry. Face Recognition Data may include Special Category data to the extent revealed in the creation or processing of the Face Recognition Data. |
Collection and Use of Personal Data/How We Collect Personal Data | Description of the sources of personal data used in facial recognition, and to enable the system to recognize users in the Campanion mobile app. | We collect Personal Data from various sources based on the context in which the Personal Data will be processed: We collect Personal Data from various sources based on the context in which the Personal Data will be processed: Data we collect from you: We collect Personal Data from you directly, for example, when you complete a form or contact us directly. Data we receive from others: We receive Personal Data from third parties with whom we have a relationship in connection with a certain transaction supported by a third party service provider. For example, we may receive certain customer information (e.g. name, contact, and ordering information) when you make a purchase using a third party payment service provider. Data collected automatically: We may collect certain Personal Data automatically, for example, we collect Device Data automatically using cookies and similar technologies when you browse our Site. |
Data Sharing/Generally | Adding the notice that some personal data may be shared with outside providers that support our applications such as cloud hosting services, or to enable features in CampMinder applications. | Business Purposes: In connection with our general business operations, product/service improvements, to enable certain features, and in connection with our other legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.) When we disclose information for business purposes we may disclose Identity Data, Contact Data, Device/Network Data, and User Content. We may also disclose to service providers Special Category Data and Face Recognition Data to the extent you authorize processing in connection with our Face Recognition Services. |
Your Rights & Choices/Your Rights | Added privacy provision required by California law. | To the extent required under applicable law, and subject to our rights to limit or deny access/disclosure under applicable law, you have the following rights in your Personal Data. You may exercise your rights by contacting us at the address below. California Rights: Residents of California (and others to the extent required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. Upon receipt of a verifiable request, you may also request that we provide you a copy of your Personal Data, direct us to stop selling or disclosing Personal Data for certain purposes (if we have done so), and receive information regarding: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties with whom we have disclosed your Personal Data, or sold, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you. |
API License Terms
Effective March 7th 2024
DownloadTable of Contents
API License Terms
Last Modified: February 28, 2023
THESE API LICENSE TERMS (“TERMS”) CONSTITUTE A BINDING CONTRACT BETWEEN YOU (“YOU” OR “YOUR”) AND CAMPMINDER, LLC (“CAMPMINDER,” “WE,” OR “US”). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE CAMPMINDER APPLICATION PROGRAMMING INTERFACE AND RELATED SPECIFICATIONS, INFORMATION AND MATERIALS (TOGETHER, THE “API”), INCLUDING DEVELOPMENT OF ANY APPLICATIONS (DEFINED BELOW) THEREOF, AND INFORMATION, SUCH AS PERSONAL DATA (DEFINED BELOW), OBTAINED OR ACCESSED VIA THE API (“CAMPMINDER INFORMATION”), AND PROCESSING THEREOF. BY CLICKING “I ACCEPT”, “OK” IN THE ORDER FORM OR BY ACCESSING OR USING THE API, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF YOURSELF AND ANY COMPANY, ENTITY OR ORGANIZATION (“YOUR ORGANIZATION”) FOR WHOM YOU ARE ACCESSING OR USING THE API AND THE CAMPMINDER INFORMATION; (C) ACCEPT THESE TERMS AND AGREE THAT YOU AND YOUR ORGANIZATION SHALL BE LEGALLY BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE API. YOU AGREE THAT YOU SHALL BE LIABLE FOR ALL ACTS AND OMISSIONS OF THIRD PARTIES TO WHOM YOU PERMIT TO ACCESS AND USE THE API, WHETHER OR NOT PERMITTED IN THESE TERMS, AS IF DONE OR OMITTED BY YOU.
WE MAY MODIFY THESE TERMS FROM TIME TO TIME. SUCH CHANGES WILL BECOME EFFECTIVE THE EARLIER OF: (A) 10 DAYS AFTER THE UPDATED TERMS ARE POSTED OR COMMUNICATED TO YOU; (B) IMMEDIATELY WITH RESPECT TO NEW FEATURES OR FUNCTIONS MADE AVAILABLE WITH OR AFTER THE POSTING OF THE NEW TERMS; AND (C) IMMEDIATELY ON THE DATE YOU CLICK, “I AGREE”, “OK” OR OTHER SIMILAR BUTTON INDICATING ASSENT THERETO. YOUR CONTINUED USE OF THE API AFTER THE EFFECTIVE DATE OF ANY CHANGES CONSTITUTES YOUR AGREEMENT TO SUCH CHANGES.
THESE TERMS UPDATE AND REPLACE ANY PRIOR VERSIONS OF THESE TERMS OR API AGREEMENT (INCLUDING FOR BETA VERSIONS) YOU MAY HAVE ENTERED INTO WITH US.
IF YOU HAVE ENTERED INTO THE CAMPMINDER MASTER LICENSE AGREEMENT (“MLA”) AND ARE A CUSTOMER OR “LICENSEE” (AS DEFINED IN THE MLA) OF CAMPMINDER, YOUR OBLIGATIONS, AND THE RESTRICTIONS ON ACCESS AND USE OF THE API, THE DISCLAIMERS OF CAMPMINDER AND EXCLUSIONS AND LIMITATIONS OF CAMPMINDER'S LIABILITY, SET FORTH IN THESE TERMS, ARE IN ADDITION TO AND NOT INSTEAD OF THOSE IN THE MLA. UNLESS OTHERWISE EXPRESSLY SET FORTH HEREIN OR IN THE MLA, IN THE EVENT OF ANY CONTRADICTION BETWEEN THESE TERMS AND THE MLA, THESE TERMS SHALL PREVAIL WITH RESPECT TO THE SUBJECT MATTER HEREOF, TO THE EXTENT NECESSARY TO RESOLVE THE CONTRADICTION.
- License. Subject to these Terms and your compliance with them, and if you are a Licensee, the MLA, we hereby grant you a limited, revocable, non-perpetual, non-exclusive, non-transferable, non-sublicensable license solely to (i) use the API specifications to enable interoperability or programs which offer interoperability between applications or services owned and operated by you, a Campminder Licensee or third-party providers engaged by you or the Licensee (collectively “Applications”), and the Campminder Services and (ii) make calls for information we make available through the API on behalf of a Campminder Licensee who controls or is responsible for such information, in both cases (i) and (ii) for the internal use by the Campminder Licensee or yourself if you are a Licensee, in accordance with Campminder’s MLA (such license, “API License”).
- Term. These Terms and the API License shall remain in effect until terminated by you or by us, at any time. In such case, the API License shall terminate but the rest of the terms and conditions set forth herein shall survive.
- API Key. In order to access and use the API, you must obtain an API Key pursuant to Campminder’s instructions and agree to provide all information required by Campminder. You may not share your API Key with any third party, and must keep your API Key and all log-in information secure. The API Key and any other log-in information are Confidential Information (defined below) of Campminder. Without limitation of the above in he paragraph, sharing of the API Key and any log-in information with any third party shall be at your risk and liability. You shall be liable for all acts and omissions of any third party in connection with or through the use of the API Key, and log-in information, all information obtained through the API, including, without limitation, the Campminder Information.
- Intellectual Property Rights; Licenses to Campminder. You agree that the API, and all right, title and interest therein, is and shall be owned by Campminder. Other than the API License, no other rights are granted in or to the API, all of which are hereby reserved. You hereby (i) grant Campminder and its Affiliates (defined below) a non-exclusive, worldwide, transferrable, assignable, irrevocable, perpetual, royalty-free, fully-paid up license to, with the right to sublicense (in multiple tiers) and have others, reproduce, modify, create derivative works based upon, publicly perform, display, and broadcast, sell, distribute, make, import, use and exploit for any purpose (all such actions, “Use”) any modifications, derivative works, improvements, you create from, of or to the API or other Campminder software or services (including any Software Products, as defined in the MLA) (collectively, “Derivatives”), and (ii) waive and agree never to assert any claim in connection with such Derivatives against Campminder and its Affiliates, and its and their successors or assigns, or any licensee or sublicensee (including in multiple tiers) of any of the foregoing. Without limiting the foregoing, if you or any of your employees, contractors, and agents sends or transmits any information, code, concepts, ideas, feedback, suggestions, or other information, communications or materials to us or our Affiliates (collectively, “Feedback”), you hereby grant us (iii) a non-exclusive, worldwide, transferrable, assignable, irrevocable, perpetual, royalty-free, fully-paid up license to, with the right to sublicense (in multiple tiers) and have others, Use such Feedback, and (iv) acknowledge and agree that all such Feedback is and will be treated as non-confidential.
- Use Restrictions. You may not, and may not authorize, enable or encourage any third party to, directly or indirectly: (a) access or use the API for any purpose or in any manner not authorized in these Terms or use or access the Services unless you are a Licensee other than as permitted in the MLA; (b) copy, modify, or, except as explicitly authorized in the API License (while in effect), create derivative works based on the API or the Services, in whole or in part; (c) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the API or the Campminder Services to any third party, other than as explicitly permitted in the API License; (d) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the API or the Services, in whole or in part; (e) remove any proprietary notices from the API or the Services; (f) access or use the API or the Services in any manner or for any purpose or Application, or combine or integrate the API with an Application that infringes, misappropriates, or otherwise violates any intellectual property or other right, confidential information or trade secrets of any third party, or any applicable law, harms any person or property, or stores, transmits or executes code, files, scripts, agents or programs intended to do harm, circumvent security measures, obtain information, manipulate, present ads without authorization, or engage in other malicious behavior, including, for example, spyware, adware, malware, viruses, worms, time bombs or Trojan horses (collectively, “Malicious Code”), promotes drugs, violence, incitement, firearms or weapons of any kind, pornography or sexual materials or services or other material not appropriate for children, or is offensive is discriminatory to any person on the basis of gender, religion, race, origin, physical condition or other legally protected class, or is intended to do any of the foregoing or is otherwise not in compliance with any guidelines, standards, rules or requirements publicized or otherwise communicated by the Campminder (collectively, “Guidelines”); (g) transmit or use any Malicious Code in connection with the API or Services or disable, override, circumvent, or otherwise interfere with the API, the Services, or any Company communications or notices, any security features, obtain information not plainly offered by the API or Services or which you or the Campminder Licensee is not authorized by us and applicable law to access, obtain, use or otherwise process; (h) replicate or attempt to replace the Services or the user experience of the Services or any portion thereof or develop any competing product or service to the Services; (i) attempt to cloak or conceal your or any user’s identity or the identity of Applications when requesting authorization to use the API; (j) violate, or enable any Campminder Licensee, user or any third party to violate the Campminder MLA or any other terms or agreement with us, our Affiliates or any third party, or (k) export or re-export, or release the API to, or make the API accessible from, any jurisdiction, country or national to which or whom export, re-export, or release is prohibited by law, rule, or regulation. All of the above are outside of, and these restrictions limit, the scope of the API License.
- Compliance. Without limiting the above, you shall comply, and ensure that the Applications comply with, (i) all applicable law, regulations, rules, government and court orders, and (ii) all Campminder Guidelines.
- Personal Data. You acknowledge and agree that the Campminder Information may relate to identified or identifiable individuals and be considered “personal data”, “personal information” or “personally identifiable information” as defined under applicable law (collectively, “Personal Data”). You represent, warrant and undertake that you are and will be authorized under applicable law to receive and process such information and have implemented and will continue to implement and maintain, reasonable, industry standard and appropriate measures to safeguard such Personal Data against disclosure to unauthorized third parties. You shall (i) not disclose, use or process such Personal Data except as necessary to perform the services for which you have been engaged by such Campminder Customer, and (ii) in no event sell the Personal Data (whether for money or other consideration). You shall comply with all applicable laws related to the protection, use or processing of Personal Data of any kind, including those applicable in the jurisdiction of the individual who is the subject of the data. You acknowledge and agree that we collect, use and process information about your use of the API, including personal or personally identifiable information. For more information, please see our Privacy Policy.
- No Support, Updates, or Uptime Commitment. We do not provide support for the API nor do we make any commitment as to the uptime or availability of access to our Services via the API. We may update or modify the API from time to time in our sole discretion (in each instance, an “Update”), and may require you to use the most recent version. Updates may adversely affect how Applications communicate with the Services. You must modify your Applications as needed due to such Update at your own cost and expense.
- Fees. Fees or other payments may be due for use and access of the API, as specified in the applicable order form. If you have received an API License free of charge or on a trial basis, we reserve the right to charge for the API License access to and use of the API at any time.
- Confidentiality. The API, the Services, and any information or materials which we provide or make available, including, without limitation, Campminder Information, are confidential information (“Confidential Information”). You shall (a) not use our Confidential Information other than to exercise the API License in accordance with these Terms (and if you are a Licensee, the MLA) ; (b) not disclose the Confidential Information other to than those of your employees or third-party consultants ("Representatives") who are bound by written confidentiality agreements applicable to the Confidential Information, and which contain those restrictions, obligations, covenants, and other terms as those set forth in Sections 3 (API Key), 4 (Intellectual Property Rights), 5 (Restrictions), 6 (Compliance), 7 (Personal Data) and this Section 10 (Confidentiality), (c) use reasonable, appropriate and industry standard measures, and at least those measures you use to safeguard your own confidential information, to safeguard the Confidential Information against use, disclosure or access; and (d) ) upon our request or any termination or expiration of the API License or these Terms, promptly, and in any event, within five (5) days, return to us or destroy (per our instructions) all Confidential Information in your or your Personnel’s possession or control. You shall be liable for all acts and omissions of your Representatives and all other third parties which use the Confidential Information after disclosure or being made available by Campminder, as if done or omitted to be done by you. You hereby acknowledge that threatened or actual disclosure or use of Confidential Information in violation of these Terms could cause irreparable harm and significant injury to Campminder that may be difficult to ascertain and for which the payment of money would not be a sufficient remedy. Accordingly, you agree that Campminder, in addition to any other right or remedy that may be available at law or in equity, will have the right to seek and obtain immediate injunctive relief to enforce obligations under these Terms without the necessity of proving actual damages and without the necessity of posting bond or making any undertaking in connection therewith.
- Disclaimer of Warranties. YOUR RELIANCE, ACCESS AND USE OF THE API IS AT YOUR OWN RISK. THE API, SERVICES AND ALL OTHER INFORMATION AND MATERIAL PROVIDED OR MADE AVAILABLE BY CAMPMINDER OR ITS AFFILIATES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, GUARANTEE, PROMISES, OBLIGATIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ALL OF WHICH ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, USE IN TRADE, OR THAT ANY OF THE ABOVE WILL MEET YOUR, ANY CUSTOMER OR ANY OTHER PERSON OR ENTITY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY OF YOUR OR ANY THIRD PARTY PRODUCT OR SERVICE, BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, ERROR-FREE, OR WILL BE AVAILABLE, OR UP AND RUNNING AT ANY GIVEN TIME OR PERCENTAGE OF TIME. WITHOUT LIMITING THE FOREGOING YOU ACKNOWLEDGE THAT THE API IS IN A BETA STAGE OF TESTING AND MAY BE PRONE TO ERRORS AND SUBJECT TO DOWNTIME.
- Indemnification. You are responsible for your use of the API and any risk associated with it. Without limiting any right or remedy available to us under these Terms or the MLA, or at law or equity, you shall indemnify, defend, and hold harmless Campminder, its Affiliates and its and their officers, directors, employees, agents, 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 reasonable attorneys’ fees, arising from or relating to the API or any other information, materials products or services you or we make available in connection with the API (including Applications) or the use thereof, including, without limitation the use or processing of the Campminder Information.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSSES, LOST PROFITS, LOSS OF OR DAMAGE TO BUSINESS, REPUTATION OR GOODWILL, LOST OR CORRUPTED DATA, INTERRUPTION OF BUSINESS; OR (B) ANY DAMAGES OR LOSSES, IN THE AGGREGATE, IN EXCESS OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE BROUGHT WITHIN TWELVE (12) MONTHS AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. YOU AGREE TO WAIVE AND NEVER TO ASSERT ANY CLAIM AFTER SUCH TIME.
- Disputes; Governing Law and Jurisdiction. These Terms, the subject matter thereof, and any disputes relating to the foregoing, shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. All such disputes shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. Notwithstanding the foregoing, either Party may seek preliminary or interim relief in any court of competent jurisdiction worldwide. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO THESE TERMS.
- Miscellaneous. These Terms constitute the entire agreement and understanding with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Notices to us must be sent to our corporate headquarters address available at https://campminder.com/contact and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. You hereby consent to receiving electronic communications from us. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Waivers must be in writing and signed by the party against whom enforcement is sought and unless otherwise expressly stated in such writing, shall not be deemed continuing. You may not assign, transfer or delegate these Terms without our prior written consent. Any assignment, transfer or delegation in violation of the foregoing will be void and without effect. We may assign these Terms or any right therein or delegate any obligation without restriction. You represent and warrant that you have read and understood these Terms and have consulted with an attorney to the extent you have deemed advisable. These Terms shall be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party. “Affiliate” means with respect to a party, an entity or person which or who directly or indirectly controls, is controlled by or under common control with such party.
Effective March 22nd 2023 to March 7th 2024
DownloadTable of Contents
API License Terms
Last Modified: February 28, 2023
THESE API LICENSE TERMS (“TERMS”) CONSTITUTE A BINDING CONTRACT BETWEEN YOU (“YOU” OR “YOUR”) AND CAMPMINDER, LLC (“CAMPMINDER,” “WE,” OR “US”). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE CAMPMINDER APPLICATION PROGRAMMING INTERFACE AND RELATED SPECIFICATIONS, INFORMATION AND MATERIALS (TOGETHER, THE “API”), INCLUDING DEVELOPMENT OF ANY APPLICATIONS (DEFINED BELOW) THEREOF, AND INFORMATION, SUCH AS PERSONAL DATA (DEFINED BELOW), OBTAINED OR ACCESSED VIA THE API (“CAMPMINDER INFORMATION”), AND PROCESSING THEREOF. BY CLICKING “I ACCEPT”, “OK” IN THE ORDER FORM OR BY ACCESSING OR USING THE API, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF YOURSELF AND ANY COMPANY, ENTITY OR ORGANIZATION (“YOUR ORGANIZATION”) FOR WHOM YOU ARE ACCESSING OR USING THE API AND THE CAMPMINDER INFORMATION; (C) ACCEPT THESE TERMS AND AGREE THAT YOU AND YOUR ORGANIZATION SHALL BE LEGALLY BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE API. YOU AGREE THAT YOU SHALL BE LIABLE FOR ALL ACTS AND OMISSIONS OF THIRD PARTIES TO WHOM YOU PERMIT TO ACCESS AND USE THE API, WHETHER OR NOT PERMITTED IN THESE TERMS, AS IF DONE OR OMITTED BY YOU.
WE MAY MODIFY THESE TERMS FROM TIME TO TIME. SUCH CHANGES WILL BECOME EFFECTIVE THE EARLIER OF: (A) 10 DAYS AFTER THE UPDATED TERMS ARE POSTED OR COMMUNICATED TO YOU; (B) IMMEDIATELY WITH RESPECT TO NEW FEATURES OR FUNCTIONS MADE AVAILABLE WITH OR AFTER THE POSTING OF THE NEW TERMS; AND (C) IMMEDIATELY ON THE DATE YOU CLICK, “I AGREE”, “OK” OR OTHER SIMILAR BUTTON INDICATING ASSENT THERETO. YOUR CONTINUED USE OF THE API AFTER THE EFFECTIVE DATE OF ANY CHANGES CONSTITUTES YOUR AGREEMENT TO SUCH CHANGES.
THESE TERMS UPDATE AND REPLACE ANY PRIOR VERSIONS OF THESE TERMS OR API AGREEMENT (INCLUDING FOR BETA VERSIONS) YOU MAY HAVE ENTERED INTO WITH US.
IF YOU HAVE ENTERED INTO THE CAMPMINDER MASTER LICENSE AGREEMENT (“MLA”) AND ARE A CUSTOMER OR “LICENSEE” (AS DEFINED IN THE MLA) OF CAMPMINDER, YOUR OBLIGATIONS, AND THE RESTRICTIONS ON ACCESS AND USE OF THE API, THE DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY, SET FORTH IN THESE TERMS, ARE IN ADDITION TO AND NOT INSTEAD OF THOSE IN THE MLA. UNLESS OTHERWISE EXPRESSLY SET FORTH HEREIN OR IN THE MLA, IN THE EVENT OF ANY CONTRADICTION BETWEEN THESE TERMS AND THE MLA, THESE TERMS SHALL PREVAIL WITH RESPECT TO THE SUBJECT MATTER HEREOF, TO THE EXTENT NECESSARY TO RESOLVE THE CONTRADICTION.
- License. Subject to these Terms and your compliance with them, and if you are a Licensee, the MLA, we hereby grant you a limited, revocable, non-perpetual, non-exclusive, non-transferable, non-sublicensable license solely to (i) use the API specifications to enable interoperability or programs which offer interoperability between applications or services owned and operated by you, a Campminder Licensee or third-party providers engaged by you or the Licensee (collectively “Applications”), and the Campminder Services and (ii) make calls for information we make available through the API on behalf of a Campminder Licensee who controls or is responsible for such information, in both cases (i) and (ii) for the internal use by the Campminder Licensee or yourself if you are a Licensee, in accordance with Campminder’s MLA (such license, “API License”).
- Term. These Terms and the API License shall remain in effect until terminated by you or by us, at any time. In such case, the API License shall terminate but the rest of the terms and conditions set forth herein shall survive.
- API Key. In order to access and use the API, you must obtain an API Key pursuant to Campminder’s instructions and agree to provide all information required by Campminder. You may not share your API Key with any third party, and must keep your API Key and all log-in information secure. The API Key and any other log-in information are Confidential Information (defined below) of Campminder.
- Intellectual Property Rights; Licenses to Campminder. You agree that the API, and all right, title and interest therein, is and shall be owned by Campminder. Other than the API License, no other rights are granted in or to the API, all of which are hereby reserved. You hereby (i) grant Campminder and its Affiliates (defined below) a non-exclusive, worldwide, transferrable, assignable, irrevocable, perpetual, royalty-free, fully-paid up license to, with the right to sublicense (in multiple tiers) and have others, reproduce, modify, create derivative works based upon, publicly perform, display, and broadcast, sell, distribute, make, import, use and exploit for any purpose (all such actions, “Use”) any modifications, derivative works, improvements, you create from, of or to the API or other Campminder software or services (including any Software Products, as defined in the MLA) (collectively, “Derivatives”), and (ii) waive and agree never to assert any claim in connection with such Derivatives against Campminder and its Affiliates, and its and their successors or assigns, or any licensee or sublicensee (including in multiple tiers) of any of the foregoing. Without limiting the foregoing, if you or any of your employees, contractors, and agents sends or transmits any information, code, concepts, ideas, feedback, suggestions, or other information, communications or materials to us or our Affiliates (collectively, “Feedback”), you hereby grant us (iii) a non-exclusive, worldwide, transferrable, assignable, irrevocable, perpetual, royalty-free, fully-paid up license to, with the right to sublicense (in multiple tiers) and have others, Use such Feedback, and (iv) acknowledge and agree that all such Feedback is and will be treated as non-confidential.
- Use Restrictions. You may not, and may not authorize, enable or encourage any third party to, directly or indirectly: (a) access or use the API for any purpose or in any manner not authorized in these Terms or use or access the Services unless you are a Licensee other than as permitted in the MLA; (b) copy, modify, or, except as explicitly authorized in the API License (while in effect), create derivative works based on the API or the Services, in whole or in part; (c) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the API or the Campminder Services to any third party, other than as explicitly permitted in the API License; (d) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the API or the Services, in whole or in part; (e) remove any proprietary notices from the API or the Services; (f) access or use the API or the Services in any manner or for any purpose or Application, or combine or integrate the API with an Application that infringes, misappropriates, or otherwise violates any intellectual property or other right, confidential information or trade secrets of any third party, or any applicable law, harms any person or property, or stores, transmits or executes code, files, scripts, agents or programs intended to do harm, circumvent security measures, obtain information, manipulate, present ads without authorization, or engage in other malicious behavior, including, for example, spyware, adware, malware, viruses, worms, time bombs or Trojan horses (collectively, “Malicious Code”), promotes drugs, violence, incitement, firearms or weapons of any kind, pornography or sexual materials or services or other material not appropriate for children, or is offensive is discriminatory to any person on the basis of gender, religion, race, origin, physical condition or other legally protected class, or is intended to do any of the foregoing or is otherwise not in compliance with any guidelines, standards, rules or requirements publicized or otherwise communicated by the Campminder (collectively, “Guidelines”); (g) transmit or use any Malicious Code in connection with the API or Services or disable, override, circumvent, or otherwise interfere with the API, the Services, or any Company communications or notices, any security features, obtain information not plainly offered by the API or Services or which you or the Campminder Licensee is not authorized by us and applicable law to access, obtain, use or otherwise process; (h) replicate or attempt to replace the Services or the user experience of the Services or any portion thereof or develop any competing product or service to the Services; (i) attempt to cloak or conceal your or any user’s identity or the identity of Applications when requesting authorization to use the API; (j) violate, or enable any Campminder Licensee, user or any third party to violate the Campminder MLA or any other terms or agreement with us, our Affiliates or any third party, or (k) export or re-export, or release the API to, or make the API accessible from, any jurisdiction, country or national to which or whom export, re-export, or release is prohibited by law, rule, or regulation. All of the above are outside of, and these restrictions limit, the scope of the API License.
- Compliance. Without limiting the above, you shall comply, and ensure that the Applications comply with, (i) all applicable law, regulations, rules, government and court orders, and (ii) all Campminder Guidelines.
- Personal Data. You acknowledge and agree that the Campminder Information may relate to identified or identifiable individuals and be considered “personal data”, “personal information” or “personally identifiable information” as defined under applicable law (collectively, “Personal Data”). You represent, warrant and undertake that you are and will be authorized under applicable law to receive and process such information and have implemented and will continue to implement and maintain, reasonable, industry standard and appropriate measures to safeguard such Personal Data against disclosure to unauthorized third parties. You shall (i) not disclose, use or process such Personal Data except as necessary to perform the services for which you have been engaged by such Campminder Customer, and (ii) in no event sell the Personal Data (whether for money or other consideration). You shall comply with all applicable laws related to the protection, use or processing of Personal Data of any kind, including those applicable in the jurisdiction of the individual who is the subject of the data. You acknowledge and agree that we collect, use and process information about your use of the API, including personal or personally identifiable information. For more information, please see our Privacy Policy.
- No Support, Updates, or Uptime Commitment. We do not provide support for the API nor do we make any commitment as to the uptime or availability of access to our Services via the API. We may update or modify the API from time to time in our sole discretion (in each instance, an “Update”), and may require you to use the most recent version. Updates may adversely affect how Applications communicate with the Services. You must modify your Applications as needed due to such Update at your own cost and expense.
- Fees. Fees or other payments maybe due for use and access of the API, as specified in the applicable order form. If you have received an API License free of charge or on a trial basis, we reserve the right to charge for the API License access to and use of the API at any time.
- Confidentiality. The API, the Services, and any information or materials which we provide or make available are confidential to Campminder, unless we make them publicly available without restriction (“Confidential Information”). You shall (a) not use our Confidential Information other than to exercise the API License in accordance with these Terms (and if you are a Licensee, the MLA) ; (b) not disclose the Confidential Information other to than those of your employees or third-party consultants who are bound by written confidentiality agreements applicable to the Confidential Information or legal advisors bound by professional obligations of confidentiality, (c) use reasonable, appropriate and industry standard measures, and at least those measures you use to safeguard your own confidential information, to safeguard the Confidential Information against use, disclosure or access; and (d) ) upon our request or any termination or expiration of the API License or these Terms, promptly, and in any event, within five (5) days, return to us or destroy (per our instructions) all Confidential Information in your or your Personnel’s possession or control.
- Disclaimer of Warranties. YOUR RELIANCE, ACCESS AND USE OF THE API IS AT YOUR OWN RISK. THE API, SERVICES AND ALL OTHER INFORMATION AND MATERIAL PROVIDED OR MADE AVAILABLE BY CAMPMINDER OR ITS AFFILIATES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, GUARANTEE, PROMISES, OBLIGATIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ALL OF WHICH ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, USE IN TRADE, OR THAT ANY OF THE ABOVE WILL MEET YOUR, ANY CUSTOMER OR ANY OTHER PERSON OR ENTITY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY OF YOUR OR ANY THIRD PARTY PRODUCT OR SERVICE, BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, ERROR-FREE, OR WILL BE AVAILABLE, OR UP AND RUNNING AT ANY GIVEN TIME OR PERCENTAGE OF TIME. WITHOUT LIMITING THE FOREGOING YOU ACKNOWLEDGE THAT THE API IS IN A BETA STAGE OF TESTING AND MAY BE PRONE TO ERRORS AND SUBJECT TO DOWNTIME.
- Indemnification. You are responsible for your use of the API and any risk associated with it. Without limiting any right or remedy available to us under these Terms or the MLA, or at law or equity, you shall indemnify, defend, and hold harmless Campminder, its Affiliates and its and their officers, directors, employees, agents, 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 reasonable attorneys’ fees, arising from or relating to the API or any other information, materials products or services you or we make available in connection with the API (including Applications) or the use thereof.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSSES, LOST PROFITS, LOSS OF OR DAMAGE TO BUSINESS, REPUTATION OR GOODWILL, LOST OR CORRUPTED DATA, INTERRUPTION OF BUSINESS; OR (B) ANY DAMAGES OR LOSSES, IN THE AGGREGATE, IN EXCESS OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWELVE (12) MONTHS AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. YOU AGREE TO WAIVE AND NEVER TO ASSERT ANY CLAIM AFTER SUCH TIME.
- Disputes; Governing Law and Jurisdiction. This Agreement, the subject matter thereof, and any disputes relating to the foregoing, shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. All such disputes shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. Notwithstanding the foregoing, either Party may seek preliminary or interim relief in any court of competent jurisdiction worldwide. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT.
- Miscellaneous. These Terms constitute the entire agreement and understanding with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Notices to us must be sent to our corporate headquarters address available at https://campminder.com/contact and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. You hereby consent to receiving electronic communications from us. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Waivers must be in writing and signed by the party against whom enforcement is sought and unless otherwise expressly stated in such writing, shall not be deemed continuing. You may not assign, transfer or delegate this Agreement without our prior written consent. Any assignment, transfer or delegation in violation of the foregoing will be void and without effect. We may assign this Agreement or any right therein or delegate any obligation without restriction. You represent and warrant that you have read and understood these Terms and has consulted with an attorney to the extent you have deemed advisable. These Terms shall be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party. “Affiliate” means with respect to a party, an entity or person which or who directly or indirectly controls, is controlled by or under common control with such party.
Effective February 28th 2023 to March 22nd 2023
DownloadTable of Contents
API License Terms
Last Modified: February 28, 2023
THESE API LICENSE TERMS (“TERMS”) CONSTITUTE A BINDING CONTRACT BETWEEN YOU (“YOU” OR “YOUR”) AND CAMPMINDER, LLC (“CAMPMINDER,” “WE,” OR “US”). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE CAMPMINDER APPLICATION PROGRAMMING INTERFACE AND RELATED SPECIFICATIONS, INFORMATION AND MATERIALS (TOGETHER, THE “API”), INCLUDING DEVELOPMENT OF ANY APPLICATIONS (DEFINED BELOW) THEREOF, AND INFORMATION, SUCH AS PERSONAL DATA (DEFINED BELOW), OBTAINED OR ACCESSED VIA THE API (“CAMPMINDER INFORMATION”), AND PROCESSING THEREOF. BY CLICKING “I ACCEPT”, “OK” IN THE ORDER FORM OR BY ACCESSING OR USING THE API, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF YOURSELF AND ANY COMPANY, ENTITY OR ORGANIZATION (“YOUR ORGANIZATION”) FOR WHOM YOU ARE ACCESSING OR USING THE API AND THE CAMPMINDER INFORMATION; (C) ACCEPT THESE TERMS AND AGREE THAT YOU AND YOUR ORGANIZATION SHALL BE LEGALLY BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE API. YOU AGREE THAT YOU SHALL BE LIABLE FOR ALL ACTS AND OMISSIONS OF THIRD PARTIES TO WHOM YOU PERMIT TO ACCESS AND USE THE API, WHETHER OR NOT PERMITTED IN THESE TERMS, AS IF DONE OR OMITTED BY YOU.
WE MAY MODIFY THESE TERMS FROM TIME TO TIME. SUCH CHANGES WILL BECOME EFFECTIVE THE EARLIER OF: (A) 10 DAYS AFTER THE UPDATED TERMS ARE POSTED OR COMMUNICATED TO YOU; (B) IMMEDIATELY WITH RESPECT TO NEW FEATURES OR FUNCTIONS MADE AVAILABLE WITH OR AFTER THE POSTING OF THE NEW TERMS; AND (C) IMMEDIATELY ON THE DATE YOU CLICK, “I AGREE”, “OK” OR OTHER SIMILAR BUTTON INDICATING ASSENT THERETO. YOUR CONTINUED USE OF THE API AFTER THE EFFECTIVE DATE OF ANY CHANGES CONSTITUTES YOUR AGREEMENT TO SUCH CHANGES.
THESE TERMS UPDATE AND REPLACE ANY PRIOR VERSIONS OF THESE TERMS OR API AGREEMENT (INCLUDING FOR BETA VERSIONS) YOU MAY HAVE ENTERED INTO WITH US.
IF YOU HAVE ENTERED INTO THE CAMPMINDER MASTER LICENSE AGREEMENT (“MLA”) AND ARE A CUSTOMER OR “LICENSEE” (AS DEFINED IN THE MLA) OF CAMPMINDER, YOUR OBLIGATIONS, AND THE RESTRICTIONS ON ACCESS AND USE OF THE API, THE DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY, SET FORTH IN THESE TERMS, ARE IN ADDITION TO AND NOT INSTEAD OF THOSE IN THE MLA. UNLESS OTHERWISE EXPRESSLY SET FORTH HEREIN OR IN THE MLA, IN THE EVENT OF ANY CONTRADICTION BETWEEN THESE TERMS AND THE MLA, THESE TERMS SHALL PREVAIL WITH RESPECT TO THE SUBJECT MATTER HEREOF, TO THE EXTENT NECESSARY TO RESOLVE THE CONTRADICTION.
- License. Subject to these Terms and your compliance with them, and if you are a Licensee, the MLA, we hereby grant you a limited, revocable, non-perpetual, non-exclusive, non-transferable, non-sublicensable license solely to (i) use the API specifications to enable interoperability or programs which offer interoperability between applications or services owned and operated by you, a Campminder Licensee or third-party providers engaged by you or the Licensee (collectively “Applications”), and the Campminder Services and (ii) make calls for information we make available through the API on behalf of a Campminder Licensee who controls or is responsible for such information, in both cases (i) and (ii) for the internal use by the Campminder Licensee or yourself if you are a Licensee, in accordance with Campminder’s MLA (such license, “API License”).
- Term. These Terms and the API License shall remain in effect until terminated by you or by us, at any time. In such case, the API License shall terminate but the rest of the terms and conditions set forth herein shall survive.
- API Key. In order to access and use the API, you must obtain an API Key pursuant to Campminder’s instructions and agree to provide all information required by Campminder. You may not share your API Key with any third party, and must keep your API Key and all log-in information secure. The API Key and any other log-in information are Confidential Information (defined below) of Campminder.
- Intellectual Property Rights; Licenses to Campminder. You agree that the API, and all right, title and interest therein, is and shall be owned by Campminder. Other than the API License, no other rights are granted in or to the API, all of which are hereby reserved. You hereby (i) grant Campminder and its Affiliates (defined below) a non-exclusive, worldwide, transferrable, assignable, irrevocable, perpetual, royalty-free, fully-paid up license to, with the right to sublicense (in multiple tiers) and have others, reproduce, modify, create derivative works based upon, publicly perform, display, and broadcast, sell, distribute, make, import, use and exploit for any purpose (all such actions, “Use”) any modifications, derivative works, improvements, you create from, of or to the API or other Campminder software or services (including any Software Products, as defined in the MLA) (collectively, “Derivatives”), and (ii) waive and agree never to assert any claim in connection with such Derivatives against Campminder and its Affiliates, and its and their successors or assigns, or any licensee or sublicensee (including in multiple tiers) of any of the foregoing. Without limiting the foregoing, if you or any of your employees, contractors, and agents sends or transmits any information, code, concepts, ideas, feedback, suggestions, or other information, communications or materials to us or our Affiliates (collectively, “Feedback”), you hereby grant us (iii) a non-exclusive, worldwide, transferrable, assignable, irrevocable, perpetual, royalty-free, fully-paid up license to, with the right to sublicense (in multiple tiers) and have others, Use such Feedback, and (iv) acknowledge and agree that all such Feedback is and will be treated as non-confidential.
- Use Restrictions. You may not, and may not authorize, enable or encourage any third party to, directly or indirectly: (a) access or use the API for any purpose or in any manner not authorized in these Terms or use or access the Services unless you are a Licensee other than as permitted in the MLA; (b) copy, modify, or, except as explicitly authorized in the API License (while in effect), create derivative works based on the API or the Services, in whole or in part; (c) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the API or the Campminder Services to any third party, other than as explicitly permitted in the API License; (d) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the API or the Services, in whole or in part; (e) remove any proprietary notices from the API or the Services; (f) access or use the API or the Services in any manner or for any purpose or Application, or combine or integrate the API with an Application that infringes, misappropriates, or otherwise violates any intellectual property or other right, confidential information or trade secrets of any third party, or any applicable law, harms any person or property, or stores, transmits or executes code, files, scripts, agents or programs intended to do harm, circumvent security measures, obtain information, manipulate, present ads without authorization, or engage in other malicious behavior, including, for example, spyware, adware, malware, viruses, worms, time bombs or Trojan horses (collectively, “Malicious Code”), promotes drugs, violence, incitement, firearms or weapons of any kind, pornography or sexual materials or services or other material not appropriate for children, or is offensive is discriminatory to any person on the basis of gender, religion, race, origin, physical condition or other legally protected class, or is intended to do any of the foregoing or is otherwise not in compliance with any guidelines, standards, rules or requirements publicized or otherwise communicated by the Campminder (collectively, “Guidelines”); (g) transmit or use any Malicious Code in connection with the API or Services or disable, override, circumvent, or otherwise interfere with the API, the Services, or any Company communications or notices, any security features, obtain information not plainly offered by the API or Services or which you or the Campminder Licensee is not authorized by us and applicable law to access, obtain, use or otherwise process; (h) replicate or attempt to replace the Services or the user experience of the Services or any portion thereof or develop any competing product or service to the Services; (i) attempt to cloak or conceal your or any user’s identity or the identity of Applications when requesting authorization to use the API; (j) violate, or enable any Campminder Licensee, user or any third party to violate the Campminder MLA or any other terms or agreement with us, our Affiliates or any third party, or (k) export or re-export, or release the API to, or make the API accessible from, any jurisdiction, country or national to which or whom export, re-export, or release is prohibited by law, rule, or regulation. All of the above are outside of, and these restrictions limit, the scope of the API License.
- Compliance. Without limiting the above, you shall comply, and ensure that the Applications comply with, (i) all applicable law, regulations, rules, government and court orders, and (ii) all Campminder Guidelines.
- Personal Data. You acknowledge and agree that the Campminder Information may relate to identified or identifiable individuals and be considered “personal data”, “personal information” or “personally identifiable information” as defined under applicable law (collectively, “Personal Data”). You represent, warrant and undertake that you are and will be authorized under applicable law to receive and process such information and have implemented and will continue to implement and maintain, reasonable, industry standard and appropriate measures to safeguard such Personal Data against disclosure to unauthorized third parties. You shall (i) not disclose, use or process such Personal Data except as necessary to perform the services for which you have been engaged by such Campminder Customer, and (ii) in no event sell the Personal Data (whether for money or other consideration). You shall comply with all applicable laws related to the protection, use or processing of Personal Data of any kind, including those applicable in the jurisdiction of the individual who is the subject of the data. You acknowledge and agree that we collect, use and process information about your use of the API, including personal or personally identifiable information. For more information, please see our Privacy Policy.
- No Support, Updates, or Uptime Commitment. We do not provide support for the API nor do we make any commitment as to the uptime or availability of access to our Services via the API. We may update or modify the API from time to time in our sole discretion (in each instance, an “Update”), and may require you to use the most recent version. Updates may adversely affect how Applications communicate with the Services. You must modify your Applications as needed due to such Update at your own cost and expense.
- Fees. Fees or other payments maybe due for use and access of the API, as specified in the applicable order form. If you have received an API License free of charge or on a trial basis, we reserve the right to charge for the API License access to and use of the API at any time.
- Confidentiality. The API, the Services, and any information or materials which we provide or make available are confidential to Campminder, unless we make them publicly available without restriction (“Confidential Information”). You shall (a) not use our Confidential Information other than to exercise the API License in accordance with these Terms (and if you are a Licensee, the MLA) ; (b) not disclose the Confidential Information other to than those of your employees or third-party consultants who are bound by written confidentiality agreements applicable to the Confidential Information or legal advisors bound by professional obligations of confidentiality, (c) use reasonable, appropriate and industry standard measures, and at least those measures you use to safeguard your own confidential information, to safeguard the Confidential Information against use, disclosure or access; and (d) ) upon our request or any termination or expiration of the API License or these Terms, promptly, and in any event, within five (5) days, return to us or destroy (per our instructions) all Confidential Information in your or your Personnel’s possession or control.
- Disclaimer of Warranties. YOUR RELIANCE, ACCESS AND USE OF THE API IS AT YOUR OWN RISK. THE API, SERVICES AND ALL OTHER INFORMATION AND MATERIAL PROVIDED OR MADE AVAILABLE BY CAMPMINDER OR ITS AFFILIATES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, GUARANTEE, PROMISES, OBLIGATIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ALL OF WHICH ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, USE IN TRADE, OR THAT ANY OF THE ABOVE WILL MEET YOUR, ANY CUSTOMER OR ANY OTHER PERSON OR ENTITY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY OF YOUR OR ANY THIRD PARTY PRODUCT OR SERVICE, BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, ERROR-FREE, OR WILL BE AVAILABLE, OR UP AND RUNNING AT ANY GIVEN TIME OR PERCENTAGE OF TIME. WITHOUT LIMITING THE FOREGOING YOU ACKNOWLEDGE THAT THE API IS IN A BETA STAGE OF TESTING AND MAY BE PRONE TO ERRORS AND SUBJECT TO DOWNTIME.[take out on main release]
- Indemnification. You are responsible for your use of the API and any risk associated with it. Without limiting any right or remedy available to us under these Terms or the MLA, or at law or equity, you shall indemnify, defend, and hold harmless Campminder, its Affiliates and its and their officers, directors, employees, agents, 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 reasonable attorneys’ fees, arising from or relating to the API or any other information, materials products or services you or we make available in connection with the API (including Applications) or the use thereof.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSSES, LOST PROFITS, LOSS OF OR DAMAGE TO BUSINESS, REPUTATION OR GOODWILL, LOST OR CORRUPTED DATA, INTERRUPTION OF BUSINESS; OR (B) ANY DAMAGES OR LOSSES, IN THE AGGREGATE, IN EXCESS OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWELVE (12) MONTHS AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. YOU AGREE TO WAIVE AND NEVER TO ASSERT ANY CLAIM AFTER SUCH TIME.
- Disputes; Governing Law and Jurisdiction. This Agreement, the subject matter thereof, and any disputes relating to the foregoing, shall be governed and construed in accordance with the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. All such disputes shall be brought exclusively in the Federal or state courts in the County of Boulder in the State of Colorado, where both parties consent to jurisdiction and venue and service of process by any means permitted therein. Notwithstanding the foregoing, either Party may seek preliminary or interim relief in any court of competent jurisdiction worldwide. THE PARTIES IRREVOCABLY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT.
- Miscellaneous. These Terms constitute the entire agreement and understanding with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Notices to us must be sent to our corporate headquarters address available at https://campminder.com/contact and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. You hereby consent to receiving electronic communications from us. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Waivers must be in writing and signed by the party against whom enforcement is sought and unless otherwise expressly stated in such writing, shall not be deemed continuing. You may not assign, transfer or delegate this Agreement without our prior written consent. Any assignment, transfer or delegation in violation of the foregoing will be void and without effect. We may assign this Agreement or any right therein or delegate any obligation without restriction. You represent and warrant that you have read and understood these Terms and has consulted with an attorney to the extent you have deemed advisable. These Terms shall be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party. “Affiliate” means with respect to a party, an entity or person which or who directly or indirectly controls, is controlled by or under common control with such party.
Messaging Terms and Conditions
Effective June 1st 2023
DownloadTable of Contents
CAMPMINDER – MESSAGING TERMS AND CONDITIONS
- Scope. These Messaging Terms and Conditions (“Messaging Terms”) apply to the Campminder advanced communication services(“Messaging Services”). These Messaging Terms are entered between you and Campminder, LLC (“Campminder”) and supplement, and are hereby incorporated into, the Master License Agreement or other services agreement between you and Campminder (“Agreement”).
- Changes. Campminder may update these Messaging Terms by posting the updated agreement on its site or sending you the updated version. Unless otherwise specified in the notice, such changes will take effect upon such notice.
- Third Party Service. You understand and agree that the Messaging Service operates through the use of a Third Party Service (currently, Twilio Inc. (“Twilio”), as defined in the Agreement. Nothing in these Messaging Terms shall limit or modify Campminder’s liability under the Agreement with respect to any portion of the Messaging Services operated by a Third Party Service provider.
- Fees. Campminder reserves the right to modify the fees, unit pricing, and other costs and fees payable for the Messaging Services (“Messaging Service Fees”) at any time, provided that such modifications shall take effect thirty (30) days following notification to you. Notwithstanding the foregoing, all fees are exclusive of any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges (collectively, “Communications Surcharges”). CampMinder reserves the right to be reimbursed for all Communications Surcharges paid or payable in connection with your use of the Messaging Services. You will pay all costs, fines, or penalties that are imposed on CampMinder or its Third Party Service provider by a government or regulatory body or a telecommunications provider as a result of your or your Authorized Users’ use of the Messaging Services.
- Licenses. You grant to Campminder, Twilio and Twilio’s affiliates the right to process Licensee Data that you provide to us in connection with the Messaging Services as necessary to provide the Messaging Services in a manner that is consistent with these Messaging Services and further as set forth in the Twilio Data Protection Addendum located at: https://www.twilio.com/en-us/legal/data-protection-addendum (as may be updated from time to time, the “Twilio DPA”).
- Compliance. The Messaging Services must be used in compliance with all laws, rules, regulations, as well as binding agreements and industry guidelines, applicable to you and your use of the Messaging Services, including without limitation: (i) the Agreement; (ii) these Messaging Terms, (iii) our Terms of Service, the Twilio Acceptable Use Policy, and the Twilio Messaging Policy; (iv) all Data Protection Laws; (v) the most recently issued version of the CTIA Messaging Principles and Best Practices: https://www.ctia.org/the-wireless-industry/industry-commitments/messaging-interoperability-sms-mms; and (vi) the 10DLC SMS and MMS Forbidden Content Policies (https://www.10dlc.org/en/shaft) (“Requirements”). Between you and Campminder, you are responsible for all content of any communications sent through your account via the Messaging Services (“Messages”). You are solely responsible for all Authorized Users use of the Messaging Services.
- Configuration Requirements. Campminder may specify, and you will follow, the configuration requirements, Licensee or Authorized User access, authorization, and authentication processes or requirements, and any other procedures required by CampMinder or our Third Party Service provider for you to access or use the Messaging Services, in each case as set forth in the Campminder Customer Profile Registration form or otherwise requested by Campminder from time to time (“Configuration Requirements”). CampMinder may update or revise the Configuration Requirements from time to time, including without limitation as reasonably necessary to comply with applicable Requirements or the requirements of the Third Party Service provider. You acknowledge that compliance with the Configuration Requirements: (i) is a condition of your access to and use of the Messaging Messaging Services; and (ii) may require you to provide certain information, including Personal Data, to a Third Party Service provider. CampMinder shall have no responsibility, no liability, and no obligation to refund any fees arising from: (a) your failure to comply with the Configuration Requirements, including any unavailability of or inability to access the Messaging Services; or (b) your provision of any information or Personal Data to a third party to the extent necessary to fulfill the Configuration Requirements.
- Personal Data. If you have entered into a data protection agreement with Campminder (“CM DPA”), we will process any Personal Data you provide through the Messaging Services in accordance with the CM DPA, as supplemented by the Twilio DPA. You further acknowledge that Twilio collects and monitors the content of text messages processed via Twilio’s Services to United States and Canadian numbers in order to detect spam, fraudulent activity, and violations of the Twilio Acceptable Use Policy. You will provide notice to, and obtain and document consent from, the sender and recipient of text messages to permit Twilio to: (i) transmit such text messages and (ii) collect and monitor the content of such text messages for the purpose of detecting spam, fraudulent activity, and violations of the Twilio Acceptable Use Policy, in each case as further described in the Twilio Privacy Notice. You hereby appoint Twilio, Inc. as a subprocessor authorized to process Personal Data on CampMinder’s behalf in relation to the Messaging Services as provided in these Messaging Terms.
- Notices and Consents. You will, and represent and warrant that you have: (i) provided and will continue to provide adequate notices to any recipients of Messages (“Recipients”) regarding the Messaging Services; (ii) that you have obtained and will continue to obtain the necessary permissions and consents from Recipients necessary to process Personal Data, or otherwise use or perform the Messaging Services as set forth in these Messaging Terms; and (iii) will maintain all appropriate documentation of each of the foregoing. CampMinder may make available through the Messaging Service certain example language, consent forms or methods, and/or documentation functionality (“Templates”). ALL TEMPLATES ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU. TEMPLATES ARE PROVIDED WITHOUT, AND CAMPMINDER EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR BY OPERATION OF LAW. CAMPMINDER CANNOT AND DOES NOT PROVIDE LEGAL ADVICE TO YOU. THE TEMPLATES ARE NOT INTENDED TO BE, AND YOU HEREBY ACKNOWLEDGE THAT THEY ARE NOT, LEGAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY LEGAL ADVICE REGARDING THE MESSAGING SERVICE AND TO ENSURE THAT YOUR USE OF THE MESSAGING SERVICE MEETS YOUR OBLIGATIONS UNDER APPLICABLE REQUIREMENTS.
- Restrictions. You may not, and may not allow any of your Authorized Users or other individual or third party to use the Messaging Services:
- To send Messages to any Recipient who has not provided consents in accordance with applicable Requirements, or who has requested to opt-out or withdraw consent to Messages from Licensee;
- To imitate the identity of Campminder, or any third party other than the Licensee.
- To engage in any fraudulent or illegal conduct.
- To conduct marketing or solicitations for products and services other than those offered by the Licensee.
- To engage in any marketing or commercial communications that relate to gambling, drugs, alcohol, prescription pharmaceuticals, firearms, or other content that may be directed solely at individuals of majority age in applicable jurisdictions, or otherwise subject to content-specific regulation under applicable law.
- To process or store data that is subject to: (i) the Health Insurance Portability and Affordability Act (HIPAA); (ii) the Fair Credit Reporting Act (FCRA); (iii) the Gramm-Leach-Bliley Act (GLBA); or (iv) other sensitive or regulated information.
- To display, transmit, or otherwise process content, or use the Messaging Services in a way, that (i) is unlawful or violates any Requirements; (ii) violates, infringes, or misappropriates the privacy or intellectual property rights of any person; (iii) includes, enables access to, or directly or indirectly results in the execution or introduction of malicious code, including without limitation, viruses, worms, ransomware, known software vulnerabilities, scripts, agents, APIs, integrations or other programs that intend or have the effect of causing harm; or (iv) is obscene, profane, sexually suggestive or pornographic, discriminatory, violent, or that advocates for or aids unlawful or criminal activities.
- Indemnity. In addition to, and without limitation of the indemnification obligations set forth in the Agreement, you will indemnify, defend, and hold Campminder and its affiliates and Third Party Providers and each of their directors, officers, and employees, (“Campminder Parties”) harmless from all losses, fines, penalties, costs, reasonable attorney’s fees, and other damages related to a claim, demand, suit or proceeding made or brought against the Campminder Parties by a third party arising out of: (i) your use of the Messaging Services, except to the extent of Campminder’s breach of the Agreement, CM DPA, or these Messaging Terms; or (ii) any alleged or actual breach of these Messaging Terms or violation of any Requirements by you or your Authorized Users, including without limitation, the failure to provide notice or obtain any consents or other rights necessary to send Messages or operate the Messaging Services.
- LIMITATION OF LIABILITY. IN ADDITION TO, AND WITHOUT MODIFICATION OF THE LIABILITY LIMITATIONS SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE CAMPMINDER PARTIES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE MESSAGING TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, LOST DATA, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. ALL LIMITATIONS ON THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY SET FORTH IN THE AGREEMENT SHALL APPLY TO THESE MESSAGING TERMS, EXCEPT THAT YOUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO: (I) YOUR INDEMNIFICATION OBLIGATIONS IN SECTION 10; (II) ARISING FROM YOUR BREACH OF ANY REQUIREMENTS; OR (III) YOUR OBLIGATION TO PAY THE MESSAGING SERVICE FEES OR COMMUNICATIONS SURCHARGES WILL, IN EACH CASE, BE UNLIMITED.
- Severability. In the event that any provision of these Messaging Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be limited or eliminated to the minimum extent necessary to render such provision enforceable and, in any event, the remainder of these Messaging Terms will continue in full force and effect.
- Entire Agreement. These Messaging Terms, together with the Agreement and all exhibits and attachments hereto, and terms incorporated herein constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, proposals, statements, sales materials, presentations, or non-disclosure or other agreements, whether oral or written.
- Conflicts. To the extent of any conflict between these Messaging Terms and the Agreement, the following order or precedence shall apply: (i) the Twilio DPA; (ii) the CM DPA; (iii) the Messaging Terms; (iv) the Agreement; and (v) the Order Form.