Cookies | Privacy Policy | Site Terms

Effective/Last Updated: May 20, 2020

Privacy Policy | Table Of Contents


Who we are and how to contact us

BNI Worldwide Development Ltd, controls your personal data for and on behalf of BNI Global, LLC, together with its related affiliates BNI Singapore Enterprises Pvt Ltd, BNI India Enterprises Pvt Ltd, BNI Franchising, LLC, BNI Connect Global, LLC, BNI Hong Kong Enterprises Pvt Ltd, BNI Lanka Enterprises Pvt Ltd, BNI Global Holdings, LLC, BNI Holdings, LLC, BNI Intermediate Holdings, LLC, BNI Intermediate Holdings CTB, LLC, Corporate Connections Franchising, LLC, Corporate Connections Global, LLC and BNI Enterprise Business Network (Guangzhou) Co Ltd (“BNI”, “our” or “we”).

This Data Protection and Privacy Policy (“Policy”) is intended to explain to you, as a user of BNI or our services, what personal data we collect about you, how we use that data, with whom it may be shared, and your options about such uses and disclosures.

If you have any questions about this Policy or our personal data processing practices, or if you would like to request information about our disclosure of personal data to third parties for their direct marketing purposes, please contact us by email, telephone, or mail as follows:

BNI Worldwide Development Ltd
Ballinrobe Road
Castlebar
Co. Mayo
F23 FT28
IRELAND

Phone:  +353 94 902 1553
Email: admin@bnisalberta.ca

BNI’s Data Protection Officer can be contacted at the above address or phone number, or by email at [email protected]/ca.

We encourage you to read this Policy carefully when using our Site and services or transacting business with us. Site includes bni.com, BNI’s related websites, SMS, APIs, email notifications, applications (web and/or mobile), buttons, widgets, ads, commerce services (“Site”), and any other related services that can be accessed via our BNI Site or that link to this Policy, and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Site (collectively referred to as “Content”).


Categories of personal data collected about you and others

GeneralPersonal data refers to any information about an identified or identifiable individual. When you engage in certain activities on our Site, such as purchasing a product, submitting content and/or posting content on any of our blogs, or sending us feedback, we may ask you to provide certain information about yourself. Examples of personal data may include your first and last name, email address, mailing address, telephone numbers, age group, gender, and other identifying information. When setting up your profile on our Site, you may be asked to provide an e-mail address, phone number, and address.
We gather certain information about you based upon where you visit on our Site, and what other sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This technology enables us to determine (i) your IP Address of your computer and its geographic location from installing the applications onto your computer or mobile device; (ii) your search terms or interactive behavior via BNI Site; (iii) your purchasing behavior; (iv) source of the information sought by you during your search; and (v) the age of your results data (collectively, “Shared Information”).

Other Information You ProvideWe may also collect and store any personal data you enter on our Site or provide to us in some other manner, including personal data that may be contained in any comment you post to our Site. This includes your images (both still and moving).

Information About Others.  We may also collect and store personal data about other people provided to us by users, potentially including their businesses, contact details including email addresses and/or IP addresses. This data is used in the legitimate interests of providing information to potential members, for the purposes of generating invitations to Chapter meetings and other BNI events, and for the provision of certain other information related to the potential purchase of goods or services from BNI.

Automatic Collection of DataInformation concerning your computer hardware and software is automatically collected and may be shared with other BNI or affiliated websites. This information may include: your IP address, browser type and language, domain names,  access times,  referring website addresses, and the content of any undeleted cookies that your browser previously accepted from us (see “Cookies” below).

CookiesWhen you visit our Site, we may use one or more “Cookies” to make our Site easier for you to use and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our Site, such as the web pages you visit, the links you click, and the amount of time you spend on the Site. You can remove or block cookies using your settings in most browsers, but if you choose to decline cookies, you may not be able to sign in or use some of the features offered on our Site.

Other Technologies We may use the ever-evolving Internet technology, such as web beacons and other similar technologies, to track your use of our Site. We also may include web beacons in company e-mail messages, newsletters, or notifications to determine whether messages have been opened and/or acted upon. This enables us to customize the services we offer our Site visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.

Information From Other Sources We sometimes supplement the information that we receive that has been outlined in this Policy with information from other sources and companies. Such outside information includes updated delivery and address information from carriers or third parties, which enables us to correct our records and deliver, for example, future communications more easily; account information, purchase or redemption information, and page-view information from some merchants with which we operate co-branded businesses or for which we provide technical, fulfillment, advertising, or other services; search term and search result information from some searches conducted through the Web search features; search results and links, including paid listings (such as Sponsored Links from Google); and credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to some customers.


How your personal data is used and the legal basis for its processing

We primarily use your personal data to provide support or service offerings to you.

Contractual Necessity.  On the basis of contractual necessity, we process the personal data of members and membership applicants to:

  • manage your account and provide you with customer support;
  • enforce our terms and conditions;
  • manage our business;
  • enable and leverage applications such as BNI Connect to provide user functionality;
  • process payment for any purchases, subscriptions or sales made on our Site, and to protect you and ourselves against, or identify, possible fraudulent transactions, and otherwise as needed to manage our business.

 

Legitimate Interest In our legitimate interests in the maintenance and development of our business, we may process your data to:

  • perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others; this information may be used, by way of example only, to help us understand the demographics of potential members, identify chapters with openings for certain professions, inform future marketing campaigns, and judge the success of marketing strategies;
  • cross market your services/products with our services and our affiliates’ services;
  • verify your eligibility and deliver online and/or offline in connection with contests and sweepstakes;
  • protect and defend the rights or property of BNI or one of BNI’s referral networks.

 

Consent You may consent to us:

  • providing your email address and other information to our business partners for offers to you of products, services, promotions, contests and/or sweepstakes;
  • sending you email notifications and/or newsletters.

 

You have the right to withdraw your consent at any time by emailing us at [email protected]/ca.

Legal NecessityWhen legally necessary, we may also process your personal data:

  • to establish or exercise our legal rights, or to defend against legal claims;
  • in the vital interests of staff, members and users of BNI, or the public, to protect their personal safety.

 


Data Retention

Your data will only be retained for as long as necessary to fulfill the purposes for which it was obtained and/or to meet any applicable legal obligations. Please see our Data Retention Policy, accessible at http://bnitos.com/retention.html for more information.


How your personal data is disclosed

We may share your personal data with:

Authorized Service Providers. Authorized service providers performing services on our behalf, e.g., processing credit card payments, delivering products and services, providing customer service and marketing assistance, performing business and sales analysis, supporting our Site’s functionality, and supporting other features and promotions offered through our Site.

Business partners. From time to time, we may offer products, services, promotions, contests and/or sweepstakes on our Site and share personal data with the businesses with which we partner to provide these offers.

Franchisees. We may share your personal data with BNI Master Franchisees or (Sub)franchisees of BNI, who are joint controllers of data (“Data Controller”) with our affiliate BNI Worldwide Development Limited, in order to, for example, direct you to a BNI Chapter or potentially provide you with additional information about franchise opportunities based on your interest. As joint Data Controllers, Master Franchisees and (Sub)franchisees have separate obligations for implementing appropriate technical and organizational measures to ensure and to demonstrate that their processing activities are compliant with the requirements of the European Union’s General Data Protection Regulation (“GDPR” or the “Regulation”).

Other Situations. We may also disclose your information:

  • under a legal obligation, including but not limited to, subpoena or court order;
  • under legal authority to respond to requests for cooperation from a law enforcement or other government agency (including civil and criminal matters);
  • to prevent illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Service, accessible at https://bnisalberta.ca/terms-and-conditions/. This may include sharing personal data with, for example, other companies, lawyers, courts or other government entities where applicable;
  • In connection with a substantial corporate transaction, such as the sale of our business, a merger, divestiture, consolidation, or asset sale, though in any event, any acquiring entity or other third-party assignees will be bound by the provisions of this Policy; to protect and defend the rights or property of BNI or one of BNI’s referral networks; and, act under exigent circumstances to protect the personal safety of members and users of BNI, its Site, or the public. This may include sharing personal data with, for example, other BNI members, visitors, government health agencies, or other government entities.

 

Any third parties to whom we may disclose personal data may have their own data protection and privacy notices/policies, which we encourage you to view on the websites of those third parties.


Third-Party Websites

There are a number of places on our Site or through our services where you may click on a link to access other websites that do not operate under this Policy. For example, if you click on an advertisement or a search result on our Site, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect personal data from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the data protection and privacy notices/policies of all third-party websites you visit.


Your Data Protection Rights

Under GDPR, you have the following rights:

  • You have the right to be provided on request with a copy of your personal data.
  • You have the right to rectification of inaccurate data we may have recorded about you.
  • You have the right to the erasure of your data (“Right to be Forgotten”) which we no longer have justification for recording.
  • You have the right to object to processing of your data which is being done on the basis of our legitimate interests.
  • You have the right to refuse to be contacted for direct marketing purposes.
  • You have the right to restrict the processing of your personal data when:
    • the basis for its processing is in dispute;
    • its accuracy is in dispute;
    • we cannot establish a lawful basis for its processing, but you do not wish it to be erased;
    • we no longer need your data, but you need it for the establishment, exercise, or defense of legal claims;
    • you object, where applicable, to our processing your data on the basis of our legitimate interests, pending verification of whether our interests override.
  • You have the right to be provided in a structured, commonly used and machine-readable format with a copy of your data which we process on the basis of your consent or contractual necessity, or to have it transferred directly to another data controller (“Data Portability”).

 

If you are not satisfied with our responses or are otherwise concerned with how we process your personal data, you also have the right to make a complaint to our supervisory authority, Ireland’s Data Protection Commission (www.dataprotection.ie).

Communities and Forums Offered on our Site

We may provide areas on our Site where you can post information about yourself, including your name and email address, communicate with others; upload content; and post comments. Such postings are governed by our Terms of Service. Also, whenever you voluntarily disclose personal data on our Site, that data will be available and can be collected and used by others who have authorized access to your content.

We encourage you to exercise discretion and caution with respect to your personal data. Once you have posted data, you may not be able to edit or delete such data.

Any personal data that you disclose through our Site, or other online forums hosted on our Site, may be collected and used by others. We recommend caution when giving out personal data to others in these online forums.


Children’s Privacy

Our Site is a general audience site not intended for use by children, and we do not knowingly collect personal data from children. You may access our Site only if you are of legal age to lawfully form a binding contract.


Transfers of Personal Data Outside of Europe

The global extent of BNI’s business necessitates the transfers of personal data to its franchisees, members, and business partners and service providers on a worldwide basis. When personal data is transferred from the European Economic Area (EEA), at least one of the following safeguards to protect your personal data to a similar level as within the EEA will be applied:

  • Our franchisees, business partners or service providers are located in countries which have been designated by the European Commission as having an adequate national standard of data protection; or
  • For transfers from the EEA or Switzerland to the United States of America, our franchisees, business partners or service providers may be registered under and have self-certified to adhere to the Privacy Shield Framework; or
  • We will require our franchisees, business partners or service providers to adopt the data protection standard contractual clauses (“SCC”) pre-approved by the European Commission.

 


Privacy Shield

For transfers out of the EU and Switzerland and to the United States of America, BNI Global, LLC has self-certified that it complies with the EU-US and Swiss-US Privacy Shield Framework as prescribed by the US Department of Commerce regarding the retention, use, collection, and notice principles. BNI additionally adheres to the Privacy Shield Framework recommendations pertaining to the transfer of information to third parties, access, security, data integrity and purpose limitation, and enforcement. Additional information on the Privacy Shield Program can be viewed at https://www.privacyshield.gov. The Federal Trade Commission (FTC) has jurisdiction over BNI’s compliance with the Privacy Shield. BNI will annually renew its Privacy Shield certification to help ensure the treatment of all personal data continues to be accurate and processed in accordance with the Privacy Shield Framework and applicable Principles. In cases of onward transfer to third parties of EU and Swiss Personal Data received pursuant to the EU-US and Swiss-US Privacy Shield Framework, BNI is potentially liable. All questions or complaints regarding the processing and use of personal data should be directed to admin@bnisalberta.ca.

BNI has elected JAMS as its independent dispute resolution mechanism in accordance with requirements set forth by Privacy Shield. If questions or complaints are not resolved satisfactorily through contacting BNI, users can file a complaint with JAMS at https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim.

You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with BNI and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority (DPA) and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see US Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration).


Changes to This Policy

We will occasionally update this Policy to reflect changes in our practices and services. When we post changes, we will revise the “Last Updated” date at the top of the Policy. If we make any material changes in the way we collect, use, and/or share your personal data, we will notify you by email to the email address you most recently provided us in your account, profile or registration, if we have such an email address, and/or by prominently posting notice of the changes on our Site. We recommend that you check our Site from time to time to inform yourself of any changes in this Policy.

©2020 BNI Alberta South, BNI Global LLC. All rights reserved.

Effective/Last Updated: May 25, 2018

BNI®

TERMS OF SERVICE

BNI Global, LLC (“BNI”, “our” or “we”) operates bni.com (“Site”) and is making it available to you subject to these evolving Terms of Service (“ToS“). The ToS govern your access to and use of BNI’s services available via the Site. The Site includes BNI’s related websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and any other related services that can be accessed via our Site or that link to these ToS (collectively, the “Services“), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content“). By using the BNI Site and Services you agree to be bound by these ToS. Since these ToS are evolving, expect frequent changes to them, and with such changes, your use, rights and privacy expectations may also change.

In the event of inconsistency between any terms of this contract and any translation into another language, the English version will control and prevail on any question of interpretation or otherwise.

1. Who May Use the Services.

If the law in your jurisdiction allows you to enter into agreements with third parties, you agree to these ToS then you can use the Site and Services. However, if your mind is legally incapacitated (mental disability, intoxication, under the age of 18, etc.) for any reason, then you are not allowed to use the BNI Site and Services. For those who are accepting these ToS and using the BNI Site and Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

2. Privacy.

Our Privacy Policy, accessible at https://www.bni.com/privacy-policy, describes how we collect, process, store and share the information you provide to us when you use our BNI Site and Services. You acknowledge that through your use of the Services, your personal data will be collected and used (as set forth in the Privacy Policy), including the transfer of your data to the United States, United Kingdom, and/or other countries for storage, processing and use by BNI, its franchisees and members, and its affiliates.

3. Content on the Services.

You are responsible for your use of the BNI Site and Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. Don’t hit the submit/send button, unless you are prepared to be held accountable for your Content.

Like with any content published via the Internet, you must consider the source of the Content or materials before using or relying upon it. Your use of the Content and BNI Site are at your own risk.

BNI is an intellectual property owner and understands the costs and expenses in developing and maintaining intellectual property. BNI also respects the intellectual property rights of others and expects its users of the BNI Site and Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us, as summarized for you in our Digital Millennium Copyright Act (“DMCA”) Copyright Infringement Report and Counter Notice forms. Here you will find BNI’s instructions for reporting copyright infringement to it, and responding to infringement allegations against you by others. We will respond to notices of alleged trademark and other intellectual property infringement that comply with applicable law and are properly provided to us, as described in our Trademark Infringement Report and Counter Notice forms. Here you will find BNI’s instructions for reporting trademark infringement to it, and responding to infringement allegations against you by others.

Users of the Services will operate in a lawful, ethical and professional manner. Users shall conduct themselves in a fair, responsible and businesslike manner at all times and will avoid any discourteous, deceptive, misleading or unethical practices. You are solely responsible for any comments or posts you leave on our Site, blogs or any BNI site. BNI does not control content posted and does not guarantee the accuracy, integrity or quality of the content. In using the Site or the Services you may be exposed to content that you may find offensive, indecent or objectionable. Under no circumstances will BNI be liable in any way for any content, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted or otherwise made available via the Site or the Services.

Examples of unethical or unlawful activities include, but are not limited to the following:

  • False, misleading or disparaging statements of any kind including but not limited to about BNI or its affiliated entities or any person or entity using the Site or the Services;
  • Any unauthorized use of the name, logo, trademark or copyrighted material of BNI, its affiliated entities or any other person or entity;
  • Violation of any federal, state or local laws or regulations;

“Spamming” is the abuse of electronic messaging systems to indiscriminately send unsolicited bulk messages. While the most widely recognized form of spam is e-mail spam, the term is applied to similar abuse in other media, such as but not limited to, instant messaging, Usenet newsgroups, web search engines, spam in blogs, wiki spam, mobile phone messaging spam, Internet forum spam, and junk fax transmissions.

Spamming is strictly prohibited by BNI and will result in the immediate termination of your account. Spamming may also be illegal under applicable laws and may subject you to civil or criminal penalties.

Your use of software made available via a BNI Site is subject to any applicable license agreement or user agreement or the documentation that accompanies or is included with the software (“License Terms“). In the event that software that is provided on or through a BNI Site and is not licensed for your use through License Terms specific to the software, you may use the software subject to the following: (a) the software may not be modified or altered in any way; and (b) the software may not be redistributed.

BNI has the right (but not the obligation) in its sole discretion to screen, refuse, move or remove any content that violates the ToS or is otherwise objectionable.

You bear all risks associated with the use of any content on the BNI Site or in connection with the Services including any reliance on the accuracy, completeness, or usefulness of such content.

You acknowledge that BNI may access, preserve and disclose your information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the provisions of this ToS; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BNI, its users and the public.

The Services and software embodied within the Service may include security components that permit digital materials to be protected. The use of these materials is subject to usage rules set by BNI and/or its technology providers. You may not attempt to override or circumvent any of the usage rules embedded in the Services.

A. Fees and Payments

When you order a service you have an opportunity to review and accept the fees that will be charged. Prices, availability, and other purchase terms are subject to change. BNI reserves the right without prior notice to discontinue or change specifications and prices on services offered on and outside of the BNI Site without incurring any obligation to you. All fees may be subject to taxes.

You are responsible for providing true, accurate, current, and complete information when ordering services through the BNI Site or otherwise. If you use the BNI Site or other means to purchase a service, payment must be received prior to acceptance of an order. BNI may need to verify information you provide before BNI accepts your order, and may cancel or limit your order any time after it has been placed. Subject to applicable membership policies, if payment has already been made and your order is cancelled or limited, BNI will refund any payment you made for the service that will not be delivered due to cancellation or limitation of an order in the same tender as the original purchase.

If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the service you have purchased, you agree that we may, at our option, suspend or terminate delivery of service and may require you to pay any overdue amounts incurred (including third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

Purchases of other products and services through the BNI Site may be subject to other terms and conditions that are presented to you at the time of purchase.

B. No Automated Querying.

You may not send automated queries of any sort to the BNI Site or its systems without express written permission in advance from BNI.

C. Intellectual Property.

All content included on the BNI Site and in connection with the Services such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of BNI or its content suppliers and is protected by international copyright laws. All software used on the Site is the property of BNI or its software suppliers and is protected by international copyright laws. All of the trademarks, service marks, logos, brand and trade names appearing on the Site are the proprietary intellectual property of the owners of such marks, logos or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property. BNI retains full ownership rights with respect to the Site and the Services including but not limited to design, functionality, and documentation. You may not copy, edit, or reproduce any part of the Site or the Services.

D. Copyright.

The DMCA provides protections to BNI relating to material posted online at the discretion of users of our Site. If you are a copyright owner and believe that any content on our Site infringes your copyrights, you may inform us by completing our Copyright Infringement Report form and mailing it to:

BNI Global, LLC
11525 N Community House Road
Suite 475
Charlotte, NC 28277

  • a specific description of the alleged infringement and the copyrighted work that you believe has been violated;
  • the exact location of the infringing material on the Site;
  • your contact information; and
  • a statement by a person authorized to take action on behalf of the owner of the copyright certifying that the information provided is true and correct.

E. Indemnity and Defense.

You will defend, indemnify and hold harmless BNI and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) that arise out of or relate to: (i) your use of the Site or the Services; (ii) any actual or alleged breach of your representations, warranties, or obligations set forth in this ToS; (iii) any content you provide including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party.

F. Limitation of Liability.

BNI will not be liable for direct or indirect damages of any kind, including without limitation incidental, punitive or consequential damage or loss arising out of or in connection with this ToS, the Site, the Services, inability to use the Site or the Services, or resulting from any goods or services obtained or messages received or transactions entered into through the Site or the Services.

G. Disclaimer of Warranties.

The BNI Site and the Services are provided on an “as is” and “as available” basis. BNI makes no representations or warranties of any kind, express or implied, concerning the Site, the Services or the content thereof. To the fullest extent permissible under applicable law BNI disclaims any and all such warranties including without limitation:

  • Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
  • That the Site or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
  • That the information, content and materials included on the Site will be as represented;
  • Any implied warranty arising from course of dealing or usage of trade; and
  • Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of BNI.

H. Third Party Websites.

The BNI Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. You are solely responsible for and assume all risk arising from your access to and/or use of any such linked websites.

I. Electronic Delivery of Notices.

By using the BNI Site or the Services you consent to electronically receive from BNI any communications including notices, agreements, legally required disclosures or other information in connection with the Services. BNI may also provide such notices by posting them on the Site. If you desire to withdraw your consent to receive notices electronically you must discontinue your use of Site and the Services.

J. Venue and Applicable Law.

The BNI Sites are created, operated and controlled by BNI in the State of North Carolina, United States of America. The laws of the State of North Carolina govern this ToS without giving effect to principles of conflicts of laws. Any action arising under this ToS shall be brought only in courts located in Mecklenburg County, North Carolina, which shall have exclusive jurisdiction and you consent to the exclusive jurisdiction of such courts.

K. Severability.

In the event that any provision of this ToS is held to be invalid or unenforceable the remaining provisions of this ToS will remain in full force and effect.

L. Waiver.

BNI will not be considered to have waived any of rights or remedies described in this ToS unless the waiver is in writing and signed by BNI. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of this ToS will not constitute a waiver of BNI’s right to subsequently enforce such provision or any other provisions of this ToS.

M. Relationship of Parties.

BNI is not your agent, fiduciary, trustee, or representative. Nothing expressed or implied in this ToS is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this ToS. This ToS is intended for the sole and exclusive benefit of BNI and you.

N. No Resale Right.

You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purpose any portion of this Site, or use of or access to this Site provided through this Site, beyond the limited rights granted to you in these ToS.

O. Force Majeure.

Effective/Last Updated: May 25, 2018

These ToS are an agreement between you and BNI Global, LLC, 11525 N Community House Road, Suite 475, Charlotte, NC 28277 U.S.A. If you have any questions about these ToS, please contact us at legal@bni.com.

©2018 BNI Global LLC. All rights reserved.

Copyright Infringement Report

To provide Counter-Notice to Copyright Infringement, click here.

The Digital Millennium Copyright Act (“DMCA“), 17 U.S.C. § 512(c), limits BNI’s liability for copyright infringement by content residing on our servers.

If you believe that your copyrighted work has been used or copied, and that it now resides on our servers in a way that constitutes copyright infringement, the DMCA details certain steps you may wish to take. One of these is to give us notice, by providing us certain types of information specifically outlined in 17 U.S.C. § 512(c).

Notice will not be effective unless and until it is delivered by the U.S. Postal Service, or other delivery service, to the following address:

BNI Global, LLC
Attn: General Counsel
11525 N Community House Road
Suite 475
Charlotte, NC 28277

Please provide the following information:

  1. A signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BNI to locate the material.
  4. Information reasonably sufficient to permit BNI to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

If BNI concludes that the Complaining Party has raised a legitimate copyright claim, it will continue to suspend the alleged infringer’s BNI account and/or if it is solely stored on a BNI server, deny access to the allegedly infringing material. If BNI concludes that the Complaining Party has not raised a legitimate claim, BNI will restore access to the allegedly infringing material.

Copyright Infringement Counter-Notice

If you have received a notice of trademark infringement that you wish to challenge based on a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, you may provide Counter Notice to BNI:

The Digital Millennium Copyright Act (“DMCA“), 17 U.S.C. § 512(c), details certain steps you may wish to take. One of these is to give us counter-notice.

The DMCA provides that BNI, as your service provider, may put the alleged infringing content back online only upon receipt of a counter-notice from you, our user/member.

Your counter-notice must include certain types of information specifically outlined in 17 U.S.C. § 512(c).

Counter-notice will not be effective unless and until it is delivered by the U.S. Postal Service, or other delivery service, to the following address:

BNI Global, LLC
Attn: General Counsel
11525 N Community House Road
Suite 475
Charlotte, NC 28277

Please provide the following information:

  1. A signature of the alleged infringer (i.e. your signature).
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The alleged infringer’s name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the Western District of North Carolina, or if the alleged infringer’s address is outside of the United States, for any judicial district in which BNI may be found, and that the alleged infringer will accept service of process from the Complaining Party or an agent of such Party.

Upon receipt of a Counter Notice, BNI shall promptly provide the Complaining Party with a copy of the Counter Notice, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. BNI will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless BNI first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the BNI Site, Site or network.

Counter Notice will not be effective unless and until it is delivered by the U.S. Postal Service, or other delivery service, to the following address:

BNI Global, LLC
Attn: General Counsel
11525 N Community House Road
Suite 475
Charlotte, NC 28277

Trademark Infringement Report

To notify BNI that there has been a trademark violation, please follow the specific instructions.

To provide Counter-Notice to Trademark Infringement, click here.

If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations and registrations on the Supplemental Register are not considered valid for these purposes), BNI requests that the Complaining Party substantiate such claim by providing the following information to it.

  1. The trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that is claimed to be infringed, including registration number.
  2. The jurisdiction or geographical area to which the mark applies.
  3. The name, post office address and telephone number of the owner of the mark identified above.
  4. The goods and/or services covered by or offered under the mark identified above.
  5. The date of first use of the mark identified above.
  6. The date of first use in interstate commerce of the mark identified above.
  7. A description of the manner in which the Complaining Party believes its mark is being infringed upon.
  8. Sufficient evidence that the owner of the website that is claimed to be infringing is a BNI user/member.
  9. The precise location of the infringing mark, including electronic mail address, etc.
  10. A good faith certification, signed under penalty of perjury, stating:
  11. The content of the website [identify website] infringes the rights of another party,
  12. The name of such said party,
  13. The mark [identify mark] being infringed, and
  14. That use of the content of the website claimed to be infringing at issue is not defensible.

Your trademark claim will not be effective unless and until it is delivered by the U.S. Postal Service, or other delivery service, to the following address:

BNI Global, LLC
Attn: General Counsel
11525 N Community House Road
Suite 475
Charlotte, NC 28277

Upon receipt of the appropriate information identified above for trademark claims, BNI will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While BNI is investigating the claim, BNI, at its sole discretion and without any legal obligation to do so, may temporarily remove the allegedly infringing material from the Site.

If BNI concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from the Site, and suspend the alleged infringer’s BNI account. If BNI concludes that the Complaining Party has not raised a legitimate claim, BNI will restore access to the allegedly infringing material.

Trademark Infringement Counter-Notice

If you have received a notice of trademark infringement that you wish to challenge based on a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, you may provide Counter Notice by providing the following information to BNI:

  1. A signature of the alleged infringer (i.e. your signature).
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The alleged infringer’s name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the Western District of North Carolina, or if the alleged infringer’s address is outside of the United States, for any judicial district in which BNI may be found, and that the alleged infringer will accept service of process from the Complaining Party or an agent of such Party.

Upon receipt of a Counter Notice, BNI shall promptly provide the Complaining Party with a copy of the Counter Notice, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. BNI will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless BNI first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the BNI Site, Site or network.

Counter Notice will not be effective unless and until it is delivered by the U.S. Postal Service, or other delivery service, to the following address:

BNI Global, LLC
Attn: General Counsel
11525 N Community House Road
Suite 475
Charlotte, NC 28277