TERMS OF USE
Belayer Independent Contractor Agreement
For our privacy policy, click here
If you are in danger or need emergency help, call 911 or your local emergency services number.
Last Updated: February 1, 2024 11:20 PM EST
SCOPE; ACCEPTING THIS POLICY
By using or accessing our website or our listening services (the “Services”), regardless of whether you reach out via text message/SMS, WhatsApp, or webchat, you agree to these Terms of Service (“Terms”) described below, and our link here (“Privacy Policy”).
Payment: Members may purchase access to Belayers through our Service in two ways: (1) in blocks of minutes (“Minutes”) or messages (“Messages”) which will be visible in your virtual wallet (“Wallet”) through your Account, or (2) by selecting our “Pay as You Go” plan, which permits you pay for each Minute or Message that you use. You are responsible for all fees, including any taxes, associated with your purchase of Minutes and Messages. When you provide payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided for any payments due. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. You are responsible for keeping your payment details up to date by changing the details in your account setting. If your payment card details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiration date, and CVV (or equivalent).
Belay reserves the right to change or modify the terms and conditions regarding payment for Hours contained in these Terms or any policy or guideline of the Services at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Services. Your continued use of the Services will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Terms and applicable policies to understand the terms that apply.
Refunds: ALL CHARGES FOR PURCHASES MADE THROUGH THE SERVICES ARE NONREFUNDABLE. By using our Services, you understand and acknowledge that Belay is unable to issue a refund to you for Minutes or Messages that you have used to access our Services. You also understand Belay is unable to issue refunds or credits for unused or partially used Minutes or Messages blocks.
Any changes to these Terms will be effective immediately upon our posting them to our website at support@onbelay.io. Continuing to use the Services after we’ve changed these Terms will mean that you accept the revised Terms.
You can opt out of any conversation with Belay by texting or messaging the word STOP to us during that conversation. You can opt back in by texting or messaging us through our listening services again.
WHAT OUR SERVICES ARE AND ARE NOT
Belay “Members” are participants in our Services who are looking to talk with compassionate Belayers about whatever is on the Member’s mind. Your use of our Services does not create or imply an attorney-client relationship, a doctor-patient relationship, or a therapist-client relationship. Our Services are not, and are not intended to be, a substitute for professional health care, mental health treatment, psychiatric care, therapy, medical advice, diagnosis, or treatment of any kind.
All Members understand and agree that Belay only provides a platform for enabling connections between Members and Belayers through use of the Services. Beyond this, Belay does not provide services to Members. Instead, Belay enables Belayers, who are independent contractors, to provide services to Members.
BELAY DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF ANY BELAYER OR MEMBER, SUCH AS PROPERTY DAMAGE OR BODILY INJURY THAT MAY RESULT IN CONNECTION WITH YOUR USE OF THE SERVICES.
Belayer Credentials: Members understand that Belayers are wholly responsible for the accuracy of any descriptions of their own skills, credentials, qualifications, competence or background (“Credentials”). You acknowledge that we cannot and do not guarantee the accuracy of any information submitted by any user, including but not limited to Belayer Credentials, and that we are not obligated to verify such information. Belay SHALL NOT BE LIABLE FOR ANY FAILURE TO VERIFY BELAYER CREDENTIALS OR FOR ANY MISREPRESENTATIONS MADE BY BELAYERS WITH RESPECT TO SUCH CREDENTIALS.
If you believe you are experiencing a medical emergency, you should immediately call your doctor or 911. And, if you are experiencing a clinical or long-term issue, you should consult a medical professional. Belay disclaims all warranties of any kind, whether express or implied.
PROHIBITED USES; WHEN WE MAY TERMINATE YOUR ACCESS
You agree to use our Services only for lawful and legitimate purposes and according to these Terms. You agree not to use the Services:
to violate any applicable federal, state, local, or international law or regulation;
to exploit, harm, or attempt to exploit or harm others;
to threaten, harass, “spam,” or otherwise inappropriately abuse Belay, its Services, employees, partners, agents, contractors, volunteers, or others;
to send, obtain, share, use, or re-use any content which does not comply with these Terms;
to gather or attempt to gather personal information belonging to others in order to share, market, exploit, or sell it to third parties, or for any other purpose prohibited by these Terms;
to impersonate or attempt to impersonate another person or entity;
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Belay or Members of the Services, or expose them to liability;
to violate Belay intellectual property rights, including but not limited to seeking to copy, reverse engineer, or make derivative works of the Services or any portion of the Services without express written authorization from Belay; or
to otherwise attempt to interfere with the proper working of Belay or the Services.
Confidentiality: In addition to complying with other requirements in Part B of these Terms, Belayers agree not to ask any Member to disclose his or her real name, address, email, or social media handles. Belayers agree to keep confidential all information disclosed by Members during any interaction between Belayers and Members through the Services; provided that, in the event of a life-threatening emergency or threat of immediate danger, Belayers may exercise appropriate discretion in contacting emergency services about the danger or emergency.
IN ADDITION TO ANY OTHER INDEMNIFICATION OBLIGATIONS DESCRIBED IN THESE TERMS, EACH BELAYER AGREES TO INDEMNIFY AND DEFEND THE Belay PARTIES (AS DEFINED BELOW) AGAINST ANY FINES, DAMAGES OR SIMILAR CLAIMS ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Belay reserves the right to terminate your access to its Services if you violate these Terms, including doing anything on the list above. Belay reserves the right to terminate its Services or your access to them for any reason. We may adjust your access to the Services if we determine that you’d be better served by a different kind of support.
OTHER LEGAL DETAILS
These Terms, our Privacy Policy, and our Services are governed solely by and will be interpreted according to, the laws of the State of Delaware without giving effect to Delaware's conflicts of law rules. Belay and you both consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any disputes arising out of or concerning these Terms, our Privacy Policy, or our Services.
If a court finds any provision of these Terms (or our Privacy Policy) invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining Terms (and Privacy Policy) shall remain in full force and effect. These Terms and our Privacy Policy constitute the entire agreement between you and Belay, superseding any other written or oral agreements or understandings.
You assume all risks for the use of Belay services. Neither Belay, nor any of our employees, volunteers, agents, service providers, contractors, or partners will have any liability in connection with acts or omissions by you or a third party during or after your use of the Services, or Belay’s services being unavailable to you.
You agree to indemnify us and hold us harmless for damages (including speculative, indirect, or consequential damages) arising out of (A) your use of Belay’s services, (B) your breach of these Terms, (C) your violation of the law, (D) claims by third parties that you are in breach of these Terms.
We can’t promise that our Services will always meet your needs or expectations, or that they will always work as we intend them to work. In other words, Belay’s services are provided on an “as is” and “as available” basis. Belay and its service providers expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the above, Belay and its service providers make no warranty that Belay will (A) meet your requirements; (B) be uninterrupted, timely, secure, or error-free; or (C) meet your expectations. These disclaimers of liability apply to all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, or delay in operation or transmission, whether for breach of contract, tortious behavior, including negligence, or any other cause of action.
BELAY COMMUNITY STANDARDS
Welcome to Belay, a platform dedicated to providing a safe, confidential, and anonymous space for individuals seeking to share their thoughts and experiences. Our Community Standards are designed to ensure a respectful and supportive environment for all Belayers and Members. By using our app, you agree to adhere to these standards.
Confidentiality: All conversations within the app are confidential. Listeners are obligated to respect the privacy of talkers and must not disclose any information shared during sessions outside of the app.
Anonymity: We are committed to protecting the anonymity of our Community Members. Any personal information collected by the app will be strictly safeguarded and used only for the purpose of improving the service.
Respect and Non-Discrimination: We embrace diversity and expect all Members and Belayers to treat each other with respect. Discrimination of any kind, including based on race, gender, sexual orientation, religion, or any other personal characteristic, is strictly prohibited.
No Harassment or Abuse: Harassment, bullying, or any form of abuse is unacceptable. This includes, but is not limited to, threatening language, personal attacks, and derogatory remarks.
Listening Guidelines: Belayers are encouraged to practice active listening, show empathy, maintain a non-judgmental attitude, and provide thoughtful, respectful responses.
Crisis Protocol: In cases where a talker is in crisis, such as expressing suicidal thoughts or intentions of harm, Belayers should guide them to seek professional help or emergency services. Belayers are not acting as trained mental health professionals and should not attempt to handle such situations beyond providing information on relevant resources.
Member Conduct: All members are expected to conduct themselves in a manner that fosters a supportive and positive environment. Unwanted inappropriate language, photos or explicit content discussions will not be tolerated and may result in suspension from the platform.
Reporting Mechanism: Both Belayers and Members can report any misconduct, abuse, or violation of these standards by emailing legal@onbelay.io. Reports will be reviewed promptly, and necessary actions will be taken to maintain the Belay’s integrity.
Limitation of Liability: Belay provides a platform for emotional support but is not a substitute for professional mental health care. We do not assume liability for any advice given or received through this app.
Compliance and Enforcement: Compliance with these standards is crucial. Violations may result in suspension or termination of access to the platform. Our team reserves the right to take appropriate action to protect our community.
These Community Standards may be updated periodically. We encourage Members to review them regularly to stay informed about their responsibilities.
By using Belay, you agree to these Community Standards. Our goal is to provide a safe, welcoming, and supportive space for everyone. Thank you for being a part of our community.
INDEPENDENT CONTRACTOR AGREEMENT
This Independent Contractor Agreement (this “Agreement”) is entered into as of [DATE OF ACCOUNT CREATION], between [BELAYER LEGAL NAME], a resident of [BELAYER LEGAL ADDRESS] (“Contractor”) and Belay Inc, a Delaware C Corporation (“Belay”).
WHEREAS Belay desires to retain Contractor as an independent contractor to provide certain Professional Listening services pursuant to the terms of this Agreement;
WHEREAS Contractor has represented that they have expertise and professional experience in Listening and desires to provide such services as an independent contractor to Belay pursuant to the terms of this Agreement; and
WHEREAS, it is the parties’ intention that Contractor be an independent contractor who retains sole and absolute discretion and judgment over the manner and means by which Contractor’s services are performed;
NOW THEREFORE, in consideration of the mutual promises, conditions and covenants as set forth below, the parties agree as follows:
REPRESENTATIONS OF THE PARTIES
1.1 By Belay. Belay desires to retain Contractor’s services from time to time to assist in providing Listening Services .
1.2 By Contractor. Contractor represents and warrants that Contractor is a sole proprietor in business to offer their services to the public and is qualified to provide Contractor further represents (a) that Contractor will not cause or permit any activity which is illegal or which would cause Company to be in violation of any law, including the offer of any item of value to any official or government employee in order to influence [his/her/its] decisions or actions; (b) that all statements regarding Contractor’s qualifications are true and correct, are not misleading or incomplete; (c) that the Services (defined below) shall be performed in a professional and workmanlike manner, in accordance with the highest industry standards; (d) that Contractor is under no contract or agreement that will in any way prevent performance of the Services.
TERM, SERVICES, SCHEDULE AND COMPENSATION
2.1 Term of Agreement and Renewal. Subject to the provisions of Paragraph 5.1 below, the term of this Agreement is the period beginning on the effective date of this Agreement until terminated by either party.
2.2 Services. Belay agrees to appoint and retain Contractor as an independent contractor to provide Listening services. CONTRACTOR MAY NOT REPRESENT THEMSELF AS PRACTICING UNDER ANY CLINICAL DEGREE, CERTIFICATION, OR LICENSE. It is the parties’ intention that Contractor shall perform as an independent contractor who retains sole and absolute discretion and judgment over the manner and means by which Contractor’s services are performed. Contractor is not, and shall not be, an employee of Belay.
2.3 Schedule. Belay makes no commitment to Contractor as to the number of hours Contractor will be asked to work during the term of this Agreement. Belay may contact Contractor at its sole discretion when it has a need for the Services. When Belay contacts Contractor, Contractor is free to accept or decline Belay’s request for Services.
2.4 Compensation. As sole compensation for Contractor’s Services, Belay agrees to pay Contractor as follows:
2.4.1 Professional Listening Sessions: Payment based on Contractor’s set fee less platform commission, not to exceed 50% of total session charge. Commission is on a sliding scale and can change at any time. If commission changes, Contractors will be notified.
2.4.2 Volunteer Program: No Payment
2.4.3 Insurance Partnerships: Negotiated and preset rate by Belay. Contractor will agree prior to each engagement.
2.5 Work Location. Contractor shall work away from Belay offices to the extent that such work can be accomplished efficiently. At the discretion of Belay Contractor shall be provided access to Belay resources, including proprietary databases and web-based programs. Belay does not guarantee Contractor amenities or payments.
2.6 No Fringe Benefits. As an independent contractor, Contractor shall receive no fringe benefits whatsoever from Belay, including but not limited to health or life insurance, disability insurance, vacation, holiday pay, sick or incidental pay, profit sharing, retirement plan, or any other benefit intended only for employees of Belay.
2.7 Tax Obligations. Belaywill not withhold any monies for any federal, state or local taxes from the payments made to Contractor pursuant to this Agreement. All payments to the Contractor will be reported to the Internal Revenue Service on a Form 1099. Contractor bears all tax-related liabilities and obligations arising from payments made by Belay under this Agreement.
EXPENSES, INSURANCE AND LICENSES, INVOICES
3.1 Necessary Expenses for Performance of Services. Belay shall reimburse Contractor for reasonable business expenses incurred by Contractor in the course of providing the Services, so long as (1) Belay authorized such expenses in advance, and (2) the expenses are invoiced to Belay within 30 days of being incurred.
3.2 Other Expenses. Other than as provided in Paragraph 3.1, Contractor shall be solely responsible for all of Contractor’s own expenses, including but not limited to professional training, education, entertainment, dues, and subscriptions. Contractor shall incur no expenses charged to Belay other than as provided in Paragraph 3.1 or as specifically authorized in advance by Belay.
3.3 Insurance and Licenses. Contractor shall maintain, at Contractor’s own expense, any and all necessary workers’ compensation, medical, disability, business, and liability insurance for Contractor and any other individual Contractor retains to assist Contractor in providing the Services under this Agreement. Contractor shall also be responsible for obtaining and maintaining, at Contractor’s sole expense, any and all licenses as may be required under federal, state, or local laws or regulations.
3.4 Invoices. Contractor shall submit invoices for payment, under Contractor’s letterhead, to Belay within thirty (30) days following performance of Services. Contractor’s invoices shall include a schedule of by date, an itemized list of any pre-authorized expenses, and receipts for all such expenses. All payments made by Belay shall be solely by check, payable to Contractor. No payment due under this Agreement shall be made to any person, firm, corporation, or entity other than Contractor.
3.5 Records. Pursuant to the requirements of federal, state, and local laws, Contractor shall maintain Contractor’s own books and records regarding the Services performed under this Agreement, in whatever form Contractor elects.
NON-EXCLUSIVITY, COMPANY PROPERTY, CONFIDENTIALITY, AND INDEMNIFICATION
4.1 Non-exclusivity. Contractor may engage in any other trade or business and provide services to other clients during the term of this Agreement, provided that, once Contractor has accepted to provide certain Services to Belay pursuant to this Agreement, such other trade, business, or service does not conflict with Contractor’s performance of Services under this Agreement.
4.2 No Authority to Bind Belay. While Contractor has the authority to perform the duties specified in this Agreement on behalf of Belay, Contractor shall not hold [himself/herself/itself] out as an agent of Belay or as having any authority whatsoever to bind Belay in any business, contractual, legal, or other matter. Contractor shall have no express, implied, or apparent authority to bind Belay to any legal obligation or to execute contracts on behalf of Belay, nor shall Contractor act in a manner creating the appearance or impression of having such authority.
4.3 Company Property. Contractor agrees that all Company memoranda, notes, records, reports, maps, manuals, drawings, computer files, equipment, materials and the like, that are made available to Contractor during the course of rendering of Services under this Agreement, are and shall remain the property of Belay and shall be delivered to Belay upon termination of Contractor’s Services or at any other time upon Company request.
4.5 Confidentiality. Contractor hereby agrees that Contractor will not disclose (other than in connection with the provision of Services under this Agreement, and for Belay’s benefit) to any person, corporation, or other entity, any non-public information, knowledge, data, or records of any kind or nature, of or about Belay and its officers and employees. Examples of such information include, but are not limited to, technical information, customer information, operations, policies, procedures, personnel matters, financial information, and any other information of a confidential or proprietary nature. This confidentiality obligation survives the expiration or termination of this Agreement. Belay reserves the right to seek injunctive relief against any breach or apparent breach of this Confidentiality provision, in addition to any other remedies available under law.
4.6 Indemnification. Contractor agreed to indemnify and holds harmless Belay, its officers, directors, employees, agents, subsidiaries and other affiliates, from and against any and all claims, damages, liabilities, and expenses (including attorneys' fees) incurred by reason of Contractor’s (or Contractor’s agent’s) breach of any representation, warranty, covenant, agreement or obligation under this Agreement, or Contractor’s (or Contractor’s agent’s) negligent and/or willful acts or omissions in carrying out its obligations under this Agreement.
TERMINATION
5.1 Termination. This Agreement may be terminated by either party at any time.
Notice shall be sufficient if by e-mail or in writing and sent by certified mail to the other party. Additionally, this Agreement and the parties’ rights and obligations hereunder (except Contractor’s obligations in Paragraph 4.4) shall terminate immediately upon the occurrence of (1) Contractor’s death or disability or any other event that, in the sole judgment of Belay, renders Contractor temporarily or permanently unable to perform the Services; or (2) Contractor’s breach of this Agreement and the representations contained herein, of ethical standards, or of statutory or regulatory requirements.
5.2 Compensation Upon Termination. In the event this Agreement is terminated, Belay shall pay Contractor (or Contractor’s successor or estate) all compensation due for Services performed prior to such termination. Thereafter, Belay shall have no further liability or obligation hereunder.
MISCELLANEOUS
6.1 Applicable Law Controls. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and wherever there is any conflict between the provisions of this Agreement and any material statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, then the latter shall prevail.
6.2 Amendment. This Agreement may be amended or modified only by a written document executed by both parties.
6.3 Entire Understanding. This Agreement contains the entire understanding of the parties with reference to the subject matter of this Agreement. This Agreement supersedes prior negotiations, discussions, correspondence, communications, memoranda of understanding, and agreements between the parties relating to the subject matter of this Agreement, prior drafts of this Agreement, and contemporaneous oral agreements.
6.4 Captions. The section and paragraph headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
6.5 Severability. If any term, provision or covenant in this Agreement is held to be invalid, void or unenforceable, the remainder of the terms, provisions and covenants in this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
6.6 Assignment. This Agreement may not be assigned, in whole or in part, without written consent of the other party.
6.7 Governing Law. This Agreement shall be governed and construed in accordance with the laws of Delaware without giving effect to the principles of conflicts of law.
6.8 Dispute Resolution. The parties agree to arbitrate any disputes regarding the Agreement or their performance hereunder under the binding rules of the American Arbitration Association. Each party shall bear one half of the arbitrator’s fees and its own attorney’s fees and costs.
SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective as of the date of account creation.
ONBELAY VENTURES INC
By:
Title: Chief Executive Officer
BELAYER CONTRACTOR
By action of account creation.
Privacy Policy
Scope; Accepting This Policy What Information We Collect
How We May Use That Information
Third Party Services
Purposes for Processing Your Data; Triaging
How We Protect and Store Your Information
Requesting Access, Deletion, or Changes to Your Information
Some More Legal Stuff
Contact Us
Last Updated: February 1, 2024 11:01 PM EST
At Belay, our goal is to support people seeking listening, emotional support, and human connection. We want you to feel supported, and to know what we do with the information you share with us. Here is a short summary of the the main points of our Privacy Policy:
What Data We Collect. When you reach out to us for support, we keep a record of each conversation, and we may automatically receive the phone number, mobile service provider, IP address, and/or internet service provider that you used to contact us.
When & Why We May Share Data That Identifies You. We may share information that identifies you if necessary to help prevent death or serious injury, or to meet legal requirements.
When & Why We May Share Data That Does Not Identify You. We may use and share anonymized data with third parties (such as researchers, partners, or the public) to inform public health, improve or raise awareness of our service, or for any other reasons.
How You Can Request Deletion of Your Data. You can ask us to delete your data by texting or messaging the word “DELETE” to us.
How We Protect Your Data. We take many steps to protect your data, including encryption, access controls, intrusion detection, and other methods.
What Happens When You Contact Us Through Third-Party Services. If you reach out to us through a third-party service (such as WhatsApp), that service may have different policies about how that service collects, uses, and shares your data.
SCOPE; ACCEPTING THIS POLICY
Before accessing our website or our listening services (together, the “Services”), whether you reach out via text message/SMS, WhatsApp, or webchat, please read this. Each time you start a new conversation with Belay or access our website, it means that you agree to this privacy policy (“Privacy Policy”) described below, and our terms of use (“Terms”). If you don’t agree to this Privacy Policy, you may not use the Services.
Any changes to this Privacy Policy will be effective immediately upon our posting them to our website at OnBelay.io. Continuing to use the Services after we’ve changed this Privacy Policy will mean that you accept the revised Privacy Policy.
You can opt out of any conversation with Belay by texting or messaging the word STOP to us during that conversation. You can opt back in by texting or messaging us through our listening services again.
WHAT INFORMATION WE COLLECT
Personally Identifiable Information (“PII”) is data that can uniquely identify you, such as your full name or home address. During a conversation through the Services, we may ask you for some PII, such as your name or home address. We will not share it with third parties except as noted in this Privacy Policy.
When you text or message us, we may automatically receive some PII and other information from you, which may include (i) your phone number, (ii) your mobile service provider, (iii) your IP address, and/or (iv) your internet service provider.
We keep records of conversations you have with us through the Services, including all messages sent or received. In those conversations, we may ask you for certain PII, such as your name, birthday, and address, particularly if necessary to help a person in grave danger. You can choose whether to provide that information.
If you choose to take a survey of ours, you may choose whether to enter PII there or to keep your survey responses anonymous.
HOW WE MAY USE YOUR PERSONALLY IDENTIFIABLE INFORMATION
We may process your data for many reasons, including to provide services to you, to improve our Services, and to contribute to knowledge about crises. We may use and share any information, including PII, that we collect via the Services amongst our employees, volunteers, agents, contractors, and service providers to support you, to operate, analyze, research, develop, deliver, audit, maintain, and improve Belay, our Services, content, and communications.
WHEN WE MIGHT SHARE PERSONALLY IDENTIFYING INFORMATION WITH THIRD PARTIES
We care about your safety. We want to support you and others in staying safe and healthy and to do so in the least invasive way. In rare cases, this means we might contact and share your information with emergency services or other first responders if we believe it will prevent death or serious injury. Just saying “I’m feeling suicidal” does not necessarily mean we’ll contact emergency services. Our goal is to work with you on plans to keep you safe. But, in some cases, we may need to share your information with emergency services for them to try to locate you and help prevent death or serious injury. This could happen if your messages show that you intend to die by suicide, have identified a method, have access to that method, plan to take action soon, and are not willing or able to collaborate on a safety plan.
We also may need to share your information if you tell us about abuse or neglect which we are required by law to report to local authorities. This can happen if you say, for example, that a child under age 18 (or a disabled, dependent, or elderly adult) has experienced abuse or neglect. We may ask you for the affected person’s date of birth, name, and address to include in that report. You can choose not to provide the information that we ask you for.
Additionally, we may share PII we collect from you to third parties if we believe it is necessary to: (A) comply with the law, a subpoena, court order, government request, or other legal process; (B) protect the interests, rights, safety, or property of Belay, its affiliates, employees, agents, contractors, or volunteers; (C) enforce our Terms or Privacy Policy; (D) comply with legal obligations associated with a sale, merger, or change of control of Belay or its affiliates; (E) address fraud, security, technical issues; or (F) to operate the Services or Belay’s infrastructure systems properly.
HOW WE MAY USE NON-IDENTIFIABLE INFORMATION
When you use our Services, we also collect certain kinds of anonymous non-identifiable information such as the date and time of day you connected with platform. We may also anonymize PII that we collect from you so that it cannot be used to identify you or to contact you, by removing or replacing personally identifiable information from it, making it non-identifiable.
We may use and share non-identifiable data with third parties for any reason. Some reasons are described below.
Feedback: If you provide feedback to us in a survey, we may also ask for your permission to share a non-identifiable version of your feedback with the public — without your name, PII, or any identifying details, of course. Your message may give volunteers the energy to keep supporting members and inspire others to join or support Belay.
Research: We share some anonymized data with researchers at universities and other institutions through a formal process with contracts in place. We do this to contribute to insights and discoveries that may benefit people in need. For more details, read about our Data Philosophy.
Improving Our Services: To help us improve our Services, we may collect and analyze non-identifiable information through third-party applications and services (such as Amplitude, FrontEnd, Storagize, Google Analytics, and Google Tag Manager). These applications and services collect data about how people use our Services, which may include your operating system, Internet browser, mobile device, or screen resolution. The data they collect may also include general usage information, such as whether you have reached out to us before, the number of our website’s visitors, or which links were clicked. This information may be collected in the form of cookies, local browser storage, or similar features.
THIRD PARTY SERVICES
Contacting Belay Through a Third Party Service:
If you use a third party service (“Third Party Service”) such as Whatsapp to reach us, both Belay and the Third Party Service may have access to your information. Belay and the Third Party Service may also share your information with each other (such as for legal reasons or to contact first responders in an emergency).
Our Privacy Policy describes how Belay handles information you provide to us. If you contact us through a Third Party Service, the Third Party Service may have separate policies about how they handle your information. If you don’t want a Third Party Service to have your data, don’t use that Third Party Service. Instead you can contact us directly at listen@OnBelay.io.
Recommending Another Resource During a Conversation: During a conversation, we may tell you about another program, resource, or website that we think could be helpful to you. If you choose to contact them, you should read their policies to decide whether to share your information with them. We will not share your information with that program or website.
HOW WE PROTECT YOUR INFORMATION
We care deeply about data privacy and data security. We take reasonable security precautions, including encryption, and other administrative, technical, and physical measures, to protect your PII from loss, theft, misuse, and unauthorized access. We store information on secure servers and we limit the Belay employees and third parties that have access to them.
Although we take reasonable measures to protect your information, perfect security does not exist anywhere. We can’t guarantee that your information will never be exposed, or that our security measures will always be able to prevent unauthorized access by third parties.
How You May Further Protect Your Information: To protect your privacy on your own devices, you can delete Belay conversations from your devices, clear us from your browser history, and not save our number in your contact list.
HOW LONG WE MAY STORE YOUR INFORMATION
Belay stores data for the purposes described above. We keep PII for no longer than seven years, and then either anonymize it, or delete it. We keep non-identifiable data — including the data we have de-identified — indefinitely.
HOW YOU CAN REQUEST ACCESS, DELETION, OR CHANGES TO YOUR INFORMATION
You can request access to or changes to your information in our records by emailing legal@OnBelay.io. We will require you to verify your identity for us to process your request. You can request that we delete your PII and conversation transcripts by texting or messaging the word DELETE to us, using whatever service you used to contact us (text, WhatsApp, or webchat), after which we will ask you to confirm your request.
We will try to process deletion requests quickly. We may decline to process requests that are unreasonably repetitive, require unreasonable technical effort, or are otherwise impractical, or which would conflict with a law enforcement matter. Additionally, we will decline to process deletion requests if we believe it is necessary to: (A) comply with the law, a subpoena, court order, government request, or other legal obligations; (B) protect the interests, rights, safety, or property of Belay, its employees, agents, contractors, or volunteers; (C) enforce our Terms or Privacy Policy; (D) comply with legal obligations associated with a sale, merger, or change of control of Belay or its affiliates, or (E) to address fraud, security, technical issues; or (F) to operate the Services or their infrastructure systems properly.
If your data have already been anonymized, and your non-identifiable information has been shared, we will not be able to take back non-identifiable information that has been used or shared with others. We may continue to use and share non-identifiable data according to this Privacy Policy.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section § 1798.83 permits users of our Services who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to legal@OnBelay.io with “California Privacy Rights” in the subject line.
CHILDREN UNDER 13 YEARS OLD
Belay complies with the Children’s Online Privacy Protection Act of 1998. We take children’s privacy seriously, and encourage users and their parents to review our Privacy Policy to understand how we collect and use information.
IF YOU ACCESS BELAY FROM OUTSIDE THE U.S., YOUR INFORMATION WILL BE TRANSFERRED TO THE U.S.
Belay’s staff, volunteers, and contractors are primarily located across the United States, and may not be licensed in your state, trained in, or subject to your state’s law.
The Services are primarily operated in the United States. If you are outside of the United States, any information you provide will be collected in or transferred to the United States. Your information may be accessed by Belay employees, volunteers, agents, contractors, and service providers located inside or outside of the United States. By using the Services and/or providing us with your information, you consent to the collection and transfer of your information in or out of the United States.
CONTACT US
If you have any questions or concerns about this Privacy Policy or our Terms, please contact: listen@OnBelay.io.