Effective Date: April 15, 2024

1. Introduction. This Privacy Policy describes how, along with our subsidiaries and affiliates (collectively referred to as "BAQS," "we," "us," or "our"), BAQS processes Personal Information when we provide services or when you use our websites, mobile, and other online applications and products and services (collectively, the "BAQS Sites"). We are committed to ensuring the privacy and integrity of the Personal Information you share with us or we otherwise collect as we provide these Services. Throughout this Privacy Policy, "Personal Information" means any information relating to an identified or identifiable individual.


2. Information We Collect. Information is gathered from the BAQS Sites by us, our service providers and partners. Our BAQS Sites are not intended for children under 13 years of age. No one under age 13 may provide any information to or on BAQS Sites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website through any of its features, register on the Website, make any purchases through the Website, or use any of the interactive or public comment features of this Website.. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].

   California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

3. Information You Provide. We may collect information that you choose to provide on the BAQS Sites in a variety of ways, such as when you:
   
   
   1. register for one of our products or services. This information may include your name, address, telephone number, email address, and credit information;
   2. make information available to us via social networking logins, such as Facebook, Instagram, or Twitter;
   3. express an interest in communicating or collaborating with participants in a business process or solutions offered by BAQS;
   4. participate in chats, web forums, or other interactive sessions;
   5. provide payment card information for one of our products or services;
   6. subscribe to newsletters, access podcasts, or provide feedback; and
   7. participate in surveys, sweepstakes or other promotions.


4. Automated Information. Information regarding your use of the BAQS Sites may be collected and/or aggregated through the use of automated means. This automatically collected information may include information such as:
   
   
   1. your IP address, the type of browser and operating system used;
   2. date and time you access the BAQS Sites and pages you visit, and if you linked from or to another website, the address of that website;
   3. email you open and links you click on within those email;
   4. your ISP or mobile carrier, and the type of handheld or mobile device that you used; and
   5. your behavior while using our site, including the time you spend on portions of the site and how you interact with various aspects of the site.


5. Data Technologies.
   
   
   1. Various technologies are used to automatically collect information, such as cookies, local shared objects, and web beacons (generally referred to as "Data Technologies"). "Cookies" are small identifiers sent from a web server that are stored on your device for the purpose of identifying your browser or storing information or settings in your browser. "Local shared objects," sometimes known as Flash Cookies, may be used to store your preferences or display content based upon what you have viewed on various websites to personalize your visit. A "web beacon," also known as an internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies. Anonymous advertising identifiers are increasingly being used on mobile devices and otherwise in a manner similar to Cookies. When we refer to Data Technologies, we are including all current and similar future technologies.
   2. One or more Data Technologies may be used on the BAQS Sites and other websites and mobile applications (that may not be the BAQS Sites) by us, by another party on our behalf, or by third parties in accordance with their privacy policies. Data Technologies may be used by us and others, on our behalf and on their own behalf, to transmit information to you or about you and connect information about you from different sources, websites, devices, and mobile applications.


6. Photos and Videos. We may target and track the photos and videos you view on the Sites. You consent to our tracking of your photo and video viewing through the Site or third party social media for up to two years or as permitted by applicable law.


7. Location Information. When you download or use the BAQS Sites, we may collect physical location information that is sufficiently precise to allow us to locate a specific person or device ("Location Information"). We only collect Location Information with your permission (e.g., such as when you agree to provide it to us after you initially access or download the BAQS Sites). We may use Location Information and provide it to third parties to provide you with content and services that are relevant to a particular location, such as search results and direction, to evaluate and improve the BAQS Sites, or to provide you with relevant content and services relevant.


8. Publicly Posted Information. Information that you make available to us and others via social media networks, forums, blogs, list serves, chat rooms or similar functionality is public information that we or others may share or use in accordance with the law.


9. Combined Information and Information from Other Sources. We may combine information that you provide to us with information we receive from our affiliates and other sources, as well as with other information that is automatically collected. The combined information may include information about your use of the BAQS Sites, your use of other websites, devices and mobile applications and information from our affiliates and other sources.


10. How We May Use the Information We Collect. We may use information we collect for the following purposes:
    
    
    1. for everyday business purposes, such as establishing and managing your user account, providing products and services you request, processing and collecting payments and providing customer support;
    2. to offer our other products or services and/or the products or services of others to you;
    3. to communicate about, and administer your participation in, special events, programs, surveys, contests, sweepstakes and other offers or promotions;
    4. to enable you to interact with BAQS and our users and others through various means, such as through our message boards, blogs and social media;
    5. to evaluate and improve our business, including developing new products and services and analyzing the effectiveness of products, services, applications and websites;
    6. to diagnose and address technical and service problems;
    7. to perform data analyses, including market and Consumer research, trend analysis, demographic analysis and financial analysis;
    8. to deliver content correlating to your interests and browsing and usage history, both within the BAQS Sites and on other websites and applications;
    9. to comply with applicable legal requirements and our policies; and
    10. to contact you via telephone, text or chat. We will obtain your consent to contact you when and in the manner required by law.


11. Information We Share. We do not sell or otherwise share information about you that we collect or receive, except as described below:
    
    
    1. Affiliates. We may share information about you, including Personal Information, with our corporate affiliates, who will use it in accordance with their privacy policies.
    2. Our Service Providers. We may engage third parties to provide the services offered through or in connection with the BAQS Sites on our behalf. We require such providers to maintain information about you as confidential and to use the information only to perform the services specified by us in a manner consistent with this Privacy Policy.
    3. Co-Sponsored Promotions. In the event that you participate in a survey, sweepstakes, contest or other promotion that is co-sponsored by BAQS and a third party, we may share information collected in conjunction with the survey, sweepstakes, contest or promotion, including Personal Information, with that third party. After the information is provided to those third parties, the subsequent use or disclosure of such information is subject to their privacy policies and practices. Surveys, sweepstakes and other promotions conducted on behalf of BAQS and a third party will include branding from both BAQS and the third party.
    4. Promotions on behalf of Third Parties. Periodically, third parties may conduct surveys, contests, sweepstakes and other promotions for their own purpose on the BAQS Sites. Information you provide in response to those activities is governed by their privacy policies. Surveys, sweepstakes and other promotions conducted solely for the purpose of a third party will include only the third party's branding.
    5. Corporate and Asset Transactions. If we sell all or substantially all of our business or sell or transfer all or a material part of our assets, or are otherwise involved in a merger or transfer of all or a substantial part of our business, we may transfer all information we have collected and stored, including Personal Information, to the party or parties involved in the transaction as part of that transaction.
    6. Other. We may access or disclose information, including Personal Information, to:
       
       
       1. protect or defend our interests and the legal rights or property of BAQS and our affiliates;
       2. protect the rights, interests, safety and security of users of the BAQS Sites or members of the public;
       3. protect against fraud or for risk management purposes; or
       4. comply with prudent legal practice as we may determine, and applicable law or legal process.


12. Data Retention and Deletion. We will retain your personal data for as long as necessary to fulfill the purposes for which it was collected, including satisfying any legal, regulatory, accounting, or reporting requirements. To determine the appropriate retention period for your personal data, we consider the amount, nature, and sensitivity of the personal data, the purposes for which we process it, and whether we can achieve those purposes through other means. We also consider applicable legal requirements. In some circumstances, we will anonymize your personal data so that it can no longer be associated with you. We reserve the right to retain and use such anonymous data indefinitely without further notice to you. Once we no longer need to use your personal data for the purposes set out in this Privacy Policy, we will delete it from our systems. You may have certain rights to request deletion of your personal data. We will comply with such request unless we have a lawful basis for retaining your data, such as for compliance with a legal obligation or for the establishment, exercise or defense of a legal claim. We may retain your personal data where retention is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.
    


13. Protection Mechanism for Sensitive Data.
    
    1. We consider certain types of personal data to be sensitive and therefore require special precautions for its collection, storage, use, and disclosure. Sensitive data may include information related to demographic data, location information, and financial information. We take appropriate technical and organizational measures to ensure the security of sensitive data, including:
    1. Encryption of sensitive data during transmission and while at rest;
    2. Access controls to limit access to sensitive data only to authorized personnel on a need-to-know basis;
    3. Regular testing and evaluation of the effectiveness of security measures;
    4. Special contractual obligations for third-party service providers who may access sensitive data;
    5. Prompt incident response and breach notification procedures in case of any unauthorized access to sensitive data.
    2. Individuals may have the right to object to the processing of their sensitive personal data, subject to applicable legal restrictions. Requests can be in accordance with the terms herein.
    3. This section subject to applicable data protection laws and may need to be revised when the legal framework evolves.


14. Your Choices. You are entitled to make certain choices about how we communicate with you.
    
    
    1. You may choose not to provide Personal Information, even though that might impact your ability to register or receive a particular product or service.
    2. If you do not want to receive marketing email from us, you can follow the unsubscribe link provided in those emails.
    3. If you do not want to receive interest-based advertisements, you can opt out by notifying us in writing.
    4. You have a number of choices regarding certain Data Technologies. Most web browsers automatically accept cookies, but you can usually modify your browser's setting to decline cookies if you prefer. You may also render some web beacons unusable by rejecting their associated cookies and disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or the website of the technology provider. If you choose to decline Cookies or similar technologies, however, please note that certain features may not function properly or at all as a result. You may be able to adjust the use of advertising identifiers on mobile devices through the settings on your device. Finally, if you do not want to use a uniquely generated telephone number, you may choose to not call us.
    5. If you do not want us to use Location Information, you can decline our initial invitation to provide that information, or opt out by changing the location services settings on your mobile device. However, please note that certain features may not function properly or at all as a result if you opt out.


15. California Privacy Rights. If you are a Consumer receiving products or services for which we are a Business, as those terms and any other capitalized terms in this section are defined under the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (the "CCPA"), and is effective upon the date that the CCPA enters into operation, California law may permit you to request information regarding the:
    
    
    1. Categories of Personal Information (as defined by applicable California law) Collected, Sold or Disclosed by us;
    2. Purposes for which categories of Personal Information Collected by us are used;
    3. Sources of information from which we Collect Personal Information; and
    4. Specific pieces of Personal Information we have Collected about you.

    In addition, if you are a Consumer you may:

    1. Opt-out of the Sale or Disclosure of your Personal Information, in some circumstances;
    2. Opt-out of receiving marketing communications from us; however, you may still receive administrative communications regarding the Services; and
    3. Request deletion of your Personal Information by us and our Service Providers, in some circumstances.

    The CCPA also provides Consumers with the right not to receive discriminatory treatment by a Business for the exercise of these rights regarding Personal Information. You can make requests related to your California privacy rights emailing [email protected] or in writing to:

    BAQS, Inc.
    ATTN: Legal Department
    P.O. Box 1441
    Carolina Beach, NC 28428

16. Your State Privacy Rights. Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
    
    
    1. Confirm whether we process their personal information.
    2. Access and delete certain personal information.
    3. Data portability.
    4. Opt-out of personal data processing for targeted advertising and sales.

    Colorado, Connecticut, and Virginia also provide their state residents with rights to:

    1. Correct inaccuracies in their personal information, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data.
    2. Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

    To exercise any of these rights or to appeal a decision regarding a consumer rights request, please email [email protected].

    Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: [email protected]. However, please know we do not currently sell data triggering that statute's opt-out requirements.

17. Google User Data. We may access Google user data obtained from using Google's API services including your email contacts, calendar messages, image avatar, first name, last name, company name, roles within your company (if applicable) (collectively, “Google User Data”). Our use of Google User Data will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
    
    
    1. Intended Use. We may use the Google User Data to:
    1. Import and store your emails in the BAQS Sites so such emails can be associated with projects in the solution.
    2. Allow you to send emails through Gmail from the BAQS Sites.
    3. Store your Google User Data to improve your appearance to other users you have connected with.
    4. If you are associated with a company account, establish the following roles so that you can see a user's emails even if you are not an addressee on the email:
    1. Company account administrators.
    2. Managers of projects where the email has been assigned.
    5. Allow you to search your own Gmail contacts from the BAQS Sites to compose emails.
    6. Access your calendar to associate events with projects.

    We will only request access to Google User Data within the permitted scope of the BAQS Sites. In addition to the terms of the Privacy Policy, our use of the Google User Data shall be limited by Google's limited use policy below.

    2. Limited Use. When accessing or using Google User Data, we will:
    1. Limit our use of Google User Data to providing or improving user-facing features that are prominent in the BAQS Sites;
    2. Not transfer Google User Data, except:
    1. To provide or improve our appropriate access or user-facing features that are visible and prominent in the BAQS Sites's user interface and only with the your consent;
    2. For security purposes (for example, investigating abuse);
    3. To comply with applicable laws; or,
    4. As part of a merger, acquisition, or sale of assets of BAQs after obtaining explicit prior consent from you.
    3. Not allow humans to read Google User Data, unless:
    1. We first obtain your affirmative agreement to view specific messages, files, or other data, with the limited exception of use cases approved by Google under additional terms applicable to the Nest Device Access program;
    2. It is necessary for security purposes (for example, investigating a bug or abuse);
    3. It is necessary to comply with applicable law; or
    4. The Google User Data (including derivations) is aggregated and used for internal operations in accordance with applicable privacy and other jurisdictional legal requirements.
    3. Restricted Use. All other transfers, uses, or sales of Google User Data are prohibited, including:
    1. Transferring or selling Google User Data to third parties like advertising platforms, data brokers, or any information resellers.
    2. Transferring, selling, or using Google User Data for serving ads, including retargeting, personalized or interest-based advertising.
    3. Transferring, selling, or using Google User Data to determine credit-worthiness or for lending purposes.
    
    
18. Disputes. If you choose to visit the BAQS Sites, your visit and any dispute regarding privacy is subject to this Privacy Policy and our Terms of Service Agreement, including limitations on damages, resolution of disputes, and application of the law of the state of Delaware.


19. Updates to this Privacy Policy. We may update this Privacy Policy to provide clarification or notice of changes to our practices. If we make changes, we will revise the date at the top of this Privacy Policy. We will provide you with additional notice of material changes by posting notice of the changes for thirty (30) days before we implement those changes.


20. How to Contact Us. If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by email at [email protected].