Backswath's Peer Group Community connects members from across our Peer Group program. This is a collaborative space for mutual exchange of skills, expertise, peer support, and learning.
Updated version: 2022/03/17
The Community Website Terms of Use (“Terms of Use”) are defining the conditions under which you may access and use the Community Website and all the functionalities provided (hereinafter designated together the “Service”).
By accessing or using the Service or by logging into with your allocated User ID, you agree to be bound by these Terms of Use. The User undertakes to have legal ability and means required to access and use the Service and acknowledges to have read, understood, and accepted without limitation or reservation the Terms of Use, which apply in addition to the Privacy Policy.
These Terms of Service are permanently available peergroupcommunity.com.
Please review these Terms of Service carefully prior to using the Service. If you do not agree with these Terms of Use, please do not use the Service.
The Service is provided by Backswath Management Inc. operating as Backswath or Backswath Management Inc.:
Registered office: 260-100 Innovation Dr., Winnipeg, Manitoba, Canada, R3T 6G2
Registered in the Companies Office under the number: 10042918 Manitoba Inc.
E-mail: [email protected]
Phone number: +1 (204) 275-0458
Hosting:
Google Cloud Platform
Company located at Gordon House, 4 Barrow St, Dublin, Ireland
Registered in the Dublin Trade and Companies Register under the number: 752925594
Phone number: +353 1 436 1000
Community Website: the online platform named Backswath Peer Group Community, edited by Hivebrite and provided by Backswath Management Inc., allowing User to benefit from the Service.
Data Protection Law: means the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) which establishes, in an era in which technology increasingly facilitates the circulation and exchange of information, rules to govern the collection, use and disclosure of personal information in a manner that recognizes the right of privacy of individuals with respect to their personal information and the need of organizations to collect, use or disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances.
User Account: means a dedicated online account opened by any visitor and providing an access to the Service.
Identifiers: means login and password or social login the User used to create the User Account.
Party or Parties: means the User and Backswath Management Inc. designated either individually or collectively.
Service: means the Community Website and all the functionalities provided thereto and described in the Terms and Conditions.
Service Content: any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links, and other content or materials made available during the Service.
User or Users: means any person authorized by <customer name> to access and use of the Service after creation of a User Account.
User Content: any content created, posted, or shared by the User, on or through the Service including any information, data, photos and other content relating to the User.
The Terms of Service will come into effect on first access to the Service for the entire duration of use.
The Service enables Users to connect with each other, build communities, or also do networking.
The Service comprises a suite of online services provided by Backswath Management Inc., allowing the User to:
These Terms of Service govern the use of each component of the Service.
Access to the Service shall be subject to the creation of a User Account.
The Service is available on the website peergroupcommunity.com or the mobile app Backswath Peer Group Community. The Service is available on the website www.peergroupcommunity.com or the mobile app Backswath Peer Group Community that can be downloaded through the Apple App Store and Google Play Store.
The User must ensure to has (the “User’s System”):
Users shall bear all the costs for accessing the Service.
This shall require the entering of personal identification data through the online registration form accessible at the following address: peergroupcommunity.com.
The User shall enter user identification data such as name, surname, and email.
The User agrees to provide only accurate and complete information when creating or updating his/her Account information.
In order to benefit from the Services, the User must log-in with the email address and password the User used to create the User Account. Identifiers are personal and confidential. Users are responsible for keeping it secret and not disclose it to any third party in any form and for any reason whatsoever.
The User’s login can only be changed at the request of the User or at the initiative of Backswath Management Inc.. The User’s password is modifiable by the User through the User’s Account. The User is solely and entirely responsible for the use of the User’s Identifiers and undertakes to do everything possible to keep it secret and not to disclose them to anyone, in any form whatsoever and for any reason whatsoever. If the User forgets her/his password, the User can generate a new one by clicking on the link “Reset my password” available www.peergroupcommunity.com.
The User is solely responsible for the activity that occurs on its User Account and will be responsible to keep its Identifiers secure and for the use of his Identifiers by third-parties or for any actions or declarations made through his User Account, whether fraudulent or not, and guarantees Backswath Management Inc. against any request in this respect.
If the User has reason to believe that a person is fraudulently using identification elements or his User Account, she or he must immediately inform Backswath Management Inc. by e-mail at the following address [email protected]
The User is solely responsible for the improper access, damage, disruption, loss or theft and adverse consequences caused by its breach of the confidentiality of the Identifiers. In case of loss, misappropriation or unauthorized use of its password, the User shall immediately notify Backswath Management Inc..
Users may not use another’s account without permission. A User Account may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user.
The Service is available for free of charge (excluding any connection costs, whose price depends on your electronic communication service provider).
The Service and the Service Content belong and shall remain the property of Backswath Management Inc. or its licensors as appropriate, and is protected by copyright, patent when applicable, trade secret and other intellectual property laws.
The User shall not acquire any of such rights title and interest (including, without limitation, all intellectual property rights such as copies, modifications, extensions and derivative works thereof) save as otherwise expressly set out in this Article 7.2 and the User shall take all necessary measures to this effect. All rights not expressly granted to Users are reserved and retained.
Any reproduction, representation, distribution, modification, adaptation or translation of these various Service Content, in whole or in part, in any form and current or future medium is strictly prohibited, except within the limit of the Terms of Service or with prior express authorization of Backswath Management Inc.. Any use of these Service Content not expressly authorized by Backswath Management Inc.. shall constitute a violation of the Terms of Use and a violation of intellectual property rights.
Except as specifically permitted by these Terms of Use, User may not use or register any name, logo, brand or insignia of Backswath Management Inc. or any of its schools or subdivisions for any purpose except with Backswath Management Inc. prior written approval and in accordance with any restrictions required by Backswath Management Inc.. These are the property of Backswath Management Inc. or are subject to rights to use, duplicate or represent/communicate to the public that have been granted to such.
Backswath Management Inc. is the producer of databases on the Community Website and Backswath Management Inc. is the owner of any databases made available. The User shall not extract or reuse a substantial qualitative or quantitative portion of the databases, including for private purpose.
Backswath Management Inc. grants the User a limited, non-exclusive, non-transferable, and revocable license to use the Service for User’s personal, non-commercial purposes. The User may only use the Community Website on devices that User owns or controls and as permitted by the App Store terms of service. User may use the Service and the Service Content only in the manner and for the purposes specified in these Terms of Use. Except as specifically permitted by these Terms of Use, User may not modify, transmit, produce, distribute, display, sell, license, broadcast, or otherwise make available in any form or by any means any part of the Service or the Service Content without the express written permission of Backswath Management Inc..
In connection with the use of the Services and Service Content or User’s Content, the User is not authorized to, or cannot allow a third party to:
The User represents and warrants that she or he retains ownership of all of his intellectual property rights in the User Content or that this User Content is subject to a license granted to the User by a third party holding these rights, under conditions allowing the User to freely use and/or transfer these elements for the purpose of using the Service, under the conditions described in the Terms and Conditions. Backswath Management Inc. does not claim ownership of the User Content.
The User holds Backswath Management Inc. harmless from all claims or actions brought by third parties on the grounds of an infringement of their rights, including, without limitation, publicity rights, copyrights, trademark and/or other intellectual property rights or privacy rights in the User Content.
By using the Service, the User represents and warrants that she or he has the legal right and capacity to enter into these Terms of Use in the User’s jurisdiction.
User warrants to be at least 18 years of age or older or an emancipated minor, or possess legal parental or guardian consent, and is fully competent, to use the Service and to enter into and comply with these Terms of Use. If the User is under the age of 18 years, the User must obtain verifiable consent from a parent or legal guardian. The parent or legal guardian shall be able to provide consent to her or his child’s use of the Service and agree to be bound by these Terms of Use in respect to her or his child’s use of the Service.
Persons aged 13 years old or less are not authorized to access the Service.
Generally, the User is committed to use the Services in accordance with their Peer Group’s Charter made available to the User in their Peer Group documents.
User may not post content which includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, misleading, libelous, slanderous, violent, hateful and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker (“Objectionable Content”)via the Service.
User may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and must not post private or confidential information via the Service, including, without limitation, the User or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
User must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
User must not attempt to restrict another User from using or enjoying the Service and must not encourage or facilitate violations of these Terms of Service.
User may only make non-commercial uses of the Service and Service Content. Use of Service or the Service Content for any commercial, public or political purpose is strictly prohibited. Prohibited activities include, but are not limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by Backswath Management Inc. Inc. (or any individual officer or employee of Backswath Management Inc. Inc.); (3) use that can be confused with official communications of Backswath Management Inc. Inc. or its officers or employees; and (4) print or electronic mass mailings (sometimes known as "spamming"), solicitations for commercial services.
In order to ensure the Community Website provides the best experience possible for everyone, if a User sees any inappropriate content, she or he must use the “Report as offensive” feature found under each post.
Backswath Management Inc. has no general obligation to monitor User Content nor to investigate whether facts or circumstances are revealing illicit activities. Backswath Management Inc. has set up a reporting tool allowing any User to notify illegal, abusive and harmful content.
The knowledge of such content is deemed effective when the hosting provider is notified of following:
If a User Content is reported, Backswath Management Inc. reserves the right to withdraw the reported content and/or suspend or terminate the User Account of the User having originally published the reported content in the conditions set forth in Article 11.2.
At any time, the User may delete its User Account by contacting Backswath Management Inc. at the address or email address mentioned in Article 15.
Deletion is effective immediately and all the data collected upon the subscription as well as the content published by the User on the Community Website is deleted after a period of thirty (30) days.
Backswath Management Inc. retains the right to suspend User’s access to the Service to make all investigations necessary following a report made pursuant to Article 10 or in case of presumed breach of Terms of Use which may be remediated. The User whose User Account is suspended will be informed by Backswath Management Inc. of such a decision by email. The User has the possibility send an email to Backswath Management Inc. to obtain additional information on the reasons for the suspension as well as to provide explanations and/or any element in order to demonstrate that the breach has been remediated. If the violation of Terms of Use is not remedied within thirty (30) days from suspension notification, Backswath Management Inc. reserves the right to terminate the applicable User’s Account and right to use the Service, in addition to any other rights or remedies available.
Backswath Management Inc. will delete inactive accounts after a continuous period of two (2) years if the User has not used the Community Website. The User will be informed by the email last recorded by the User in the Community Website of the deletion of his or her account subject to prior notice of thirty (30) days allowing the User to object to such deletion.
By using the Service, User’s personal data, in the meaning of Data Protection Law, may be collected and processed by Backswath Management Inc., in compliance with the Backswath Management Inc. Privacy Policy and the Cookie Policy, (collectively, “Privacy Policies”).
Backswath Management Inc. will treat User Content as confidential information in accordance with these Terms of Use and the Privacy Policies.
Backswath Management Inc. is not responsible for the User’s device compatibility nor if the User is unable to connect due to any technical problem related to the Internet network or a failure in the User's computer facilities and equipment.
Backswath Management Inc. shall not be responsible for User’s System nor any problems arising from or related to User’s System or caused by the Internet. User is responsible for the security of the User System and the security of its access to and connection with the Services.
Insofar as it has not been reported in the conditions of Article 10, any document, information, data, or elements available via the Service, including User Content (“Information”) is provided without any guarantees, notably that the Information is comprehensive or accurate.
The User is solely responsible for the use of the Information and bears all the risks arising from your reliance on this Information. The Information is provided on the condition that the User can determine its interest for a specific purpose before use. Under no circumstances Backswath Management Inc. accepts liability for injury arising from reliance on the said Information, its use or use of a product to which it refers.
The User is solely responsible for all User Content posted, and assumes all risks relating to its use by others and others’ reliance on its accuracy. The User acknowledges that, following the publication of the any content, its information will become accessible to all the Users on the Community Website and that as such, same information will be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other Users and Backswath Management Inc.. Backswath Management Inc. will have no responsibility or liability in connection with the User Content.
Backswath Management Inc. expressly excludes any liability for events of any kind that may occur during any meeting organized between Users within the use of the Services.
The Community Website may provide links to websites operated by third parties or other internet sources/networks, as well as data/information coming from third-party servers. Backswath Management Inc. Inc. does not endorse or accept responsibility for the content or the use of third-party websites and cannot be held liable for any damage following or in relation with use or the fact of having trusted the content/data/results available on such third-party servers, external sources or internet sites.
If a User uses third-party sites or content from third-party servers, User does so solely at User’s own risk. Links do not imply that the Company is affiliated or associated with any linked site.
For any questions regarding the Terms of Use, especially use of the Service or any claim, please [email us at [email protected]
The User can use these contact details for any technical support request.
Governing Law and jurisdiction. These Terms of Use, will be governed by the Province of Manitoba and the federal laws of Canada and shall be treated in all respects as a Manitoba contract, without reference to the principles of conflicts of law. Any dispute between you and the Service or any other person arising from, connected with or relating to the Service, these Terms of Use, or any related matters (collectively, “Disputes“) will be resolved before the Courts of Manitoba, sitting in the City of Winnipeg, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Notwithstanding the foregoing, the User and the Service may apply to the court in any jurisdiction to obtain injunctive relief and any other available equitable or legal remedy regarding any matter relating to confidentiality, intellectual property rights or proprietary rights.
The User and the Service expressly exclude the UN Convention on Contracts for the International Sale of Goods and The International Sale of Goods Act (Manitoba), as amended, replaced or re-enacted from time to time.
You agree to waive any right that you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against the Service, the User Content, these Terms of Use, any sites or resources linked to the Service and/or the products and services included on or otherwise made available to you through the Service. You also agree to opt out of any class proceedings against the Service.
Change of Terms of Use. These Terms of Use are subject to change from time to time. Any changes will be posted to this page. Use of this Service or any Service Content after entering into force the new version of the Terms of Use will constitute the agreement to the modified Terms of Use. If the User disagrees with such modification of the Terms of Use, the User may terminate the Service and delete its User Account under the conditions set forth in Article 11.
Change of the Service. Backswath Management Inc. may further develop or modify the Service or the Service Content only to improve its quality. The User will be informed of such development/modification as soon as it is implemented.
Severability; Entire Agreement. Except in the case of invalidity of an essential clause, if any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. These Terms of Use, including the Privacy Policies, set forth the entire understanding and agreement between the User and Backswath Management Inc. with respect to the subject matter hereof.
Convention of proof. Electronic documents exchanged by electronic means between the User and the Backswath Management Inc. shall be regarded as writings having the same probative force as writings on paper in the meaning of applicable law. They may constitute faithful and durable copies in accordance with applicable law, so that the User is invited to keep them.
Force majeure. In no case Backswath Management Inc. may be held liable for any breach of its contractual obligations resulting from a force majeure event as defined in applicable law and related jurisprudence.
Updated version: 2022/03/17
This Privacy Policy is edited by Backswath Management Inc., an incorporated business having its registered office at 260-100 Innovation Dr. Winnipeg, MB, Canada, R3T 6G2 and registered with the Companies Office under the number: 10042918 Manitoba Inc (hereafter, the “Data Controller”).
The Data Controller offers a platform “Backswath Peer Group Community” (hereafter, the “Platform”) to its users which have subscribed on the Platform and as such have a user account (hereafter, the “Users”). The Platform is available at the following peergroupcommunity.com.
The Data Controller uses a solution called “Hivebrite”, which enables the import and export of user lists and data, the management of content and events, the organization of emailing campaigns and opportunity research and sharing as well as the management of funds and contributions of any kind.
In this regard, the Data Controller collects and processes User’s personal data in accordance with the Privacy and Cookie policy.
The Data Controller is particularly aware and sensitive with regards to the respect of its Users privacy and personal data protection. The Data Controller commits to ensure the compliance of the processing it carries out as data controller in accordance with the Data Protection Law.
Data Protection Law is the Personal Information Protection and Electronics Documents Act (PIPEDA) dated June 18, 2015.
The Data Controller has put in place an appropriate privacy and cookie policy to be fully transparent on how the personal data of Users are processed within the use of the Platform and services provided.
This privacy policy is intended for the Users of the Platform of the Data Controller.
Data Controller is not established in the European Union and has designated a representative: Josée Lemoine, Chief Operating Officer.
Date of last update: 14/03/2022.
1.1 When subscribing on the Platform
When subscribing to the Platform, the User is informed that its following personal data is collected for the purpose of creating a user account:
Mandatory data
Optional data:
The User is informed that it is not possible to access the Platform without providing the mandatory data strictly necessary to create an account and authenticate the User.
1.2 During the use of the Platform
The User may validly publish, at its own initiative, any content on the Platform which shall be kept by the Company:
The User is aware that when using the Platform, the User may decide to provide « sensitive data » within the meaning of Data Protection Law, for example, data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, concerning sexual orientation, etc. By providing such sensitive data, the User agrees to their processing by the Platform in the conditions set forth in this Privacy Policy.
The Data Controller and its subcontractors process personal data that are freely transferred by the User when accessing the services proposed by the Platform for the following purpose:
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Purpose |
Legal basis |
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Creation and management of a user account; |
PIPEDA Part 1 – Division 1 – Protection of Personal Information
PIPEDA Part 1 – Division 1 – paragraph 2.d PIPEDA Schedule 1 – Section 5: 4.2-4.5
PIPEDA Part 1 – Division 1 – Protection of Personal Information PIPEDA Schedule 1 – Section 5: 4.2-4.5
PIPEDA Part 1 – Division 1 – Protection of Personal Information PIPEDA Schedule 1 – Section 5: 4.2-4.5
PIPEDA Part 1 – Division 1 – Protection of Personal Information PIPEDA Schedule 1 – Section 5: 4.5 |
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Providing the User with all functionalities of the Platform, meaning:
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Management of data subjects rights according to the Personal Data Legislation. Storage of User personal data.
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If applicable: Management of prospection operations:
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Making statistics in order:
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Making statistics regarding the effective use of the Platform; |
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Making statistics regarding the different levels of activity on the Platform. |
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The Data Controller informs the User that the personal data related to the User Account is retained only during the length of the User’s subscription on the Platform.
Following the termination of said subscription, the data collected upon the subscription as well as the content published by the User on the Platform shall be deleted after a period of 30 days.
The Users’ data are stored in the European Economic Area (EEA) by the Data Controller, and its trusted service providers. However, depending on the processing, the Users’ data may also be transferred in a country outside the EEA, to our trusted service providers.
When transferring data outside the EEA, the Data Controller ensures that the data are transferred in a secured manner and with respect to the Data Protection Law. When the country where the data are transferred does not have a protection comparable to that of the EU, the Data Controller uses “appropriate or suitable safeguards”.
When the service providers to whom personal data are transferred, are located in Canada, these transfers are governed by the standard data protection clauses adopted by the Commission.
Users can access such safeguards here Office of the Privacy Commissioner www.priv.gc.ca.
The Data Controller commits to process User’s personal data in compliance the Data Protection Law and undertake to, notably, respect the following principles:
The User is duly informed that it disposes at any time, depending on the legal basis of the processing, a right to access, to rectification, to erasure, to restriction of processing, to data portability, and to object.
When processing is based on User’s consent, the right to withdraw consent at any time, without affecting the lawfulness of the processing based on consent before its withdrawal.
The User can exercise its rights by sending an email to the following address
In addition, in the event the User considers that its rights have not been respected, the User of which the personal data is collected can lodge a complaint before the competent supervisory authority. For any additional information, you can review your rights on the websites of the competent authorities.
The competent supervisory authorities are listed on the following website:
https://www.priv.gc.ca/en
Only authorized persons working for the Data Controller can access your personal data. The Data Controller makes its best effort to ensure that these groups of people remain as small as possible and maintain the confidentiality and security of User’s personal data.
The Data Controller also uses trusted service providers to carry out a set of operations on his behalf for hosting and payment services. The Data Controller can also use service providers in the tech industry, editors of specific tools integrated in the Platform for technical purposes.
The Data Controller only provides service providers with the information they need to perform the service and ask them not to use your personal data for any other purpose. The Data Controller does his best to ensure that all these trusted service providers only process the personal data on our documented instructions and provide sufficient guarantees, in particular in terms of confidentiality, expert knowledge, reliability and resources, to implement technical and organizational measures which will meet the requirements of the applicable legislation, including for the security of processing.
The Data Controller may be required to disclose or share your personal data to comply with a legal obligation, or to enforce or apply our terms of use/sale or any other conditions you have accepted; or to protect the rights, safety or property of Backswath Management, its customers or employees.
List of the main service providers:
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Service Provider |
Service |
You can consult the privacy policy by clicking on the following link: |
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KIT UNITED
44 rue la fayette 75009 Paris France |
HIVEBRITE solution
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https://hivebrite.com/privacy-policy
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Stripe
510 Townsend Street San Francisco CA 94103, USA
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Payment Service
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https://stripe.com/privacy
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Google Cloud Platform Gordon House, 4 Barrow St, Dublin, Ireland |
Hosting of all data and content produced / provided by the User, as well as images, profile pictures and backups |
https://cloud.google.com/security/privacy/
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Amazon AWS 38 avenue John F. Kennedy, L-1855, Luxembourg |
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Sentry 132 Hawthorne Street San Francisco, CA 94107 USA
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Production and storage of error logs enabling our developers to correct the code |
https://sentry.io/privacy/ |
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Sendgrid 375 Beale Street, Suite 300, San Francisco, CA 94105 USA |
Sending of emails from the Platform |
https://api.sendgrid.com/privacy.html |
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Hivebrite, Inc. 16 Nassau St, New York, NY 10038, USA |
Customer support for the Platform |
https://hivebrite.com/privacy-policy
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