Effective Date: May 19, 2020
This Policy specifies prohibited activities when using our Services and applies to all users.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of Church Community Builder’s services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
You may not use the Services for activities that:
- Violate any law, statute, ordinance or regulation;
- Involve money laundering, fraud, or other financial crimes, including terrorist financing;
- relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law;
- relate to transactions that (a) show the Personal Data of third parties in violation of applicable law, (b) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption;
- involve or relate to the provision of physical or psychological health care services, or involve or relate to any protected health information under the Health Insurance Portability and Accountability Act of 1996, as amended, or otherwise;
- involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
- involve airlines and scheduled or non-scheduled charters/jets/air taxi operators, dealing in jewels, precious metals and stones, acting as a money transmitter or selling stored value cards, selling stocks, bonds, securities, options, futures (forex) or an investment interest in any entity or property, or providing escrow services;
- provide file-sharing services or access to newsgroups; or selling alcoholic beverages, tobacco products, e-cigarettes or prescription drugs/devices; or
- activities involving gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as gambling) and sweepstakes.
Violations of Acceptable Use Policy
We encourage you to report violations of this Acceptable Use Policy to Church Community Builder immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email the AUP Compliance Department at: firstname.lastname@example.org.
- Information We Collect
- Information We Collect Automatically
- Cookies and Tracking Technology
- How We Use Your Information
- How We Share Your Information
- Security of Your Information
- International Data Transfers
- EU-US and Swiss-US Privacy Shield Frameworks
- Your Rights
- Children’s Information
- Additional Information for California Residents
- Additional Information for Eea, Swiss And Uk Users
- Data Protection Officer
- How to Contact Us
Last updated: September 1, 2020
This Policy applies to the website of CCB and associated websites (collectively, the “Websites”) and all products and services we provide, including the CCB mobile application, the LEAD mobile application, and the Check-In mobile application (collectively, the “Services”) when we are acting in our capacity as a business or data controller. It also applies anywhere it is linked.
Please note this Policy does not apply to the information that CCB processes on behalf of our client churches acting as a service provider or data processor. In such cases, it is the churches which remain responsible for the handling of your personal information. CCB is not responsible for the privacy or security practices of our client churches, which may differ from those set forth in this Policy. If you are an attendee of a church and have questions or concerns about how your personal information is handled, please contact your church or consult with the policies they have in place.
Additionally, this Policy does not apply to non-CCB websites and mobile applications that may link to our Websites and Services or be linked to or from the Websites and Services; please review the privacy policies on those websites and applications directly to understand their privacy practices.
Information We Collect
CCB offers a web-based church management software solution designed to help church leaders build and support a more connected, smoother running ministry. CCB collects, processes, and retains information about the church entities who purchase the software (“Clients”), including information regarding the individuals who utilize the software on behalf of our Clients (“Authorized Individuals”).
If you are an Authorized Individual, we collect the following information from you:
- Your name, email address, and other contact information when you sign up for an account, subscribe to our email bulletins, or take part in training and events;
- Payment information such as credit card information, billing address, and other required billing information when you make purchases;
- Your religious affiliation or denomination;
- Your postings when you participate in community forums or interact with us on social media;
- Your contact information and a record of any correspondence when you contact us;
- Information you provide when you complete a survey administered by us or a vendor acting on our behalf.
Certain features of the CCB software enable Authorized Individuals to input information regarding individuals within their church communities. CCB collects and processes that information at the direction of our Clients as a service provider or processor on behalf of those Clients. Please contact your church community for information regarding their information collection, use, and retention practices.
Information We Collect Automatically
When you interact with our Websites and Services, we collect certain information automatically. This information is collected through cookies, web beacons, and other tracking technologies, as well as through your web browser or device. For further information, please see the Cookies And Tracking Technologies section below or our Cookie Notice. We collect the following information from you automatically:
- Details of your visits to our Websites and information generated in the course of the use of our Websites and Services (including the timing, frequency, and pattern of service use) such as traffic data, location data, time zone, weblogs, and other communication data, the resources that you access, and how you reached our site;
- Details regarding the device you use to access our Websites and Services, including, but not limited to, your web browser, IP address, operating system, and browser type;
- Information about how you interact with our ads and newsletters, including whether you open or click links in any correspondence;
- Information that you make available to us on a social media platform (such as by clicking on a social media icon linked from our Websites or Services), including your account ID or username and other information included in your posts.
Cookies and Tracking Technology
We rely on partners and vendors to collect data automatically and provide many features of our Websites and Services. For instance, we use Google Analytics to help us analyse how users interact with and use our Services, compile reports and provide other services related to activity and usage of the Services. We also rely on third party partners and vendors for fraud prevention, security and authentication purposes. For more information about third party partners, please review our list ofCookies in use. You can follow up with these partners to find out more about their use of your data and how to exercise your options regarding tracking.
Most web browsers automatically accept cookies, but if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or set your browser to decline cookies, some features of the Services may not be available, work, or work as designed. You may also be able to opt out of or block tracking by interacting directly with the other companies who conduct tracking through our Services.
Your browser or device may include “Do Not Track” functionality. At this time, we do not alter our sites’ data collection and use practices in response to Do Not Track signals.
- Apple: http://support.apple.com/kb/HT4228
- Android: https://support.google.com/ads/answer/2662922
- Windows: http://choice.microsoft.com/en-US/opt-out
Please note that opting out of advertising networks services does not mean that you will not receive advertising while using our Sites or Services, nor will it prevent the receipt of interest-based advertising from other companies that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. If you delete your cookies, you may also delete your opt-out preferences.
How We Use Your Information
We use the information we collect from you for the following purposes:
- To provide you with our products and services, including creating your account, processing payments and communicating with you regarding your orders;
- To provide you with the best service and improve and grow our business, including improving and optimizing our websites and mobile applications, understanding our customer base and purchasing trends, and understanding the effectiveness of our marketing;
- To respond to your comments and questions, provide customer service and send you service-related information such as confirmations, technical notices, updates, security alerts, invoices and other administrative messages;
- To detect, investigate, prevent and take action regarding security incidents and activities that may violate our policies or be fraudulent or illegal, including screening orders for potential risk or fraud, and complying with legal requirements regarding the provision of products and services;
- To provide you with information or advertising relating to our products and services, including targeted advertisements and marketing communications that we believe may be of interest to you, in line with the preferences you have shared with us.
How We Share Your Information
- Outside Vendors:We engage the following types of vendors to perform functions on our behalf: billing and collection providers; advertising and marketing; auditing and accounting firms; professional services consultants; website hosting services; providers of analytics services; security and fraud-detection vendors; and IT vendors. These entities are not authorised to use your information for purposes other than to provide their services and do not have independent rights to your personal information. You may follow this link toview the current list of vendors(also known as processors)we use to process data.
- Affiliates: We may share your information with our affiliate companies. We became part of the Pushpay Group of companies in December, 2019 and we are owned by Pushpay USA Inc. Pushpay help support some of our tools and features: you can find out more about them and their data practices here.
- Social Media Platforms:Where you choose to interact with us through social media, your interaction with these programs typically allows the social media company to collect some information about you through cookies they place on your device and other tracking mechanisms. In some cases, the social media company may recognize you through its digital cookies even when you do not interact with their application. This Policy does not apply to your use of any such third-party platforms. Please visit the social media companies’ respective privacy policies to better understand their data collection practices and controls they make available to you.
- Change of Ownership or Corporate Organization:We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets, or any line of business, change in ownership control, or financing transaction.
- Law Enforcement, Legal Process, and Emergency Situations:We also use or disclose your personal information if required to do so by law or on the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or our sites; (b) protect and defend our rights or property, the websites or those that use it; or (c) act to protect the personal safety of us, those that use our websites, or the public.
- With your consent: We may share your information with other third parties with your approval and consent.
Security of Your Information
We use physical, technical, and administrative safeguards to protect the information we collect through the Services. While we use these precautions to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf. Some data you can delete whenever you like, some data is deleted automatically, and some data we retain for longer periods of time when we have an ongoing legitimate business need or legal obligation to retain the data. When you delete data, we follow a deletion policy to make sure that your data is safely and completely removed from our servers or retained only in anonymized form.
International Data Transfers
When we share data, it may be transferred to, and processed in, countries other than the country you live in – such as the United States, where our data hosting provider’s servers are located. The laws in the United States regarding personal information may be different from the laws of your jurisdiction. Any cross-border transfers will comply with the safeguards required by applicable law. For individuals in the European Economic Area (EEA), your data may be transferred outside of the EEA. CCB has certified its compliance with the EU-US and Swiss-US Privacy Shield Frameworks with respect to personal data concerning individuals from the EEA, UK and Switzerland. Please see below for more information.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
EU-US and Swiss-US Privacy Shield Frameworks
CCB complies with the EU-US and Swiss-US Privacy Shield Frameworks, as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from the European Union, the United Kingdom and/or Switzerland to the United States. CCB adheres to and will abide by the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, Recourse, Enforcement, and Liability when processing such personal data.
In the context of an onward transfer Pushpay has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. Pushpay shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless Pushpay proves that it is not responsible for the event giving rise to the damage.
For more information about the Privacy Shield, see the US Department of Commerce’s Privacy Shield website located at:https://www.privacyshield.gov. To review the certification on the Privacy Shield list, see the US Department of Commerce’s Privacy Shield self-certification list located at:https://www.privacyshield.gov/list.
You have certain rights relating to your personal information. If you wish to unsubscribe to our marketing communications, you can do so at any time – just click on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you, or send your request to email@example.com.
You also have the right to:
- know what personal information we hold about you, and be able to check to make sure it is correct and up-to-date;
- request a copy of your personal information; and
- in certain circumstances, ask us to delete the information we hold about you.
You can exercise these rights at any time by sending an email to firstname.lastname@example.org or by contacting us using the contact details provided under the “How To Contact Us” section below.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
Our Websites and Services are intended for Authorized Individuals age 16 and older. We do not knowingly collect information from children. If we discover that we have inadvertently collected information from anyone younger than the age of 16, we will delete that information. If you believe that we have collected personal information from children, please contact us at the email address listed below.
Additional Information for California Residents
If you are a California resident, the following information also applies to you and supplements the information contained in the Policy.
Persons with disabilities may obtain this Policy in alternative format upon request by contacting us email@example.com by calling +1 (866) 242-1199.
Residents of the State of California have the right to request information regarding third parties to whom companies have disclosed certain categories of personal information during the preceding year for the third parties’ direct marketing purposes. We do not disclose personal information to third parties for the third parties’ direct marketing purposes.
The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of “personal information,” as well as rights to access and control personal information. The CCPA defines “personal information” to mean “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Certain information we collect may be exempt from the CCPA because it is considered publicly available information (i.e., it is made available by a government entity) or covered by a federal privacy law, such as the Gramm-Leach-Bliley Act, the Health Insurance Portability and Accountability Act, or the Fair Credit Reporting Act.
To the extent that we collect personal information that is subject to the CCPA, that information, our practices, and our rights are described below.
Right To Information Regarding The Categories Of Personal Information Collected, Sold, And Disclosed
The following is a description of our data collection practices, including the personal information we collect, the sources of that information, the purposes for which we collect information, and whether we disclose that information to external parties. We may use any and all of the information for any of the purposes described in this Policy, unless limitations are listed. The categories we use to describe the information are those enumerated in the CCPA.
- We collect your name, billing address, email address, and telephone number when you create an account, complete a transaction, or otherwise communicate with us. We collect your email address when you subscribe to our email list.
- We collect your social media handle and basic account information when you interact with our Services through social media.
- We collect a unique numerical identifier, assigned to you by a first-party cookie, automatically when you use our Services in order to identify you, provide the Services, keep you logged in to the Services, prevent fraud, and provide you with targeted information and offers.
- We collect your payment information when you complete a transaction. You have the option to store this information to your account or set up a recurring transaction. We use this information to streamline and facilitate payments and transactions.
- We do not collect your Social Security number, Driver’s License number, or Passport number.
- We collect your IP address automatically when you use our Websites and Services. We may use this information to identify you, gauge online activity on our website, measure the effectiveness of online services, applications, and tools, and serve targeted advertisements based on your online activities.
- We collect your Device ID automatically when you use our Websites and Services. We use this information to monitor your use and the effectiveness of our Services, to identify you, and to provide you with targeted information and offers.
- Protected Classifications:We collect your religious affiliation in order to provide services to you.
- Commercial Information:When you engage in transactions with us, we create records of goods or services purchased or considered, as well as your purchasing or consuming histories or tendencies.
- Biometric Information:We do not collect information about your physiological, biological, and behavioural characteristics.
- Internet or Other Electronic Network Activity Information:We collect information about your browsing history, search history, information regarding your interaction with websites, and applications or advertisements automatically when you utilize our Websites or Services.
- Geolocation Data:As described above, we collect your IP address automatically when you use our Services. We may be able to determine your general location based on your IP address. If you allow your device to provide us with this information, we use it to make improvements to our products and services, and to provide recommendations and deliver relevant advertising.
- Audio, electronic, visual, thermal, olfactory, or similar information:If you contact us via phone, we may record the call. We will notify you if a call is being recorded at the beginning of the call. We do not collect thermal, olfactory, or other similar information.
- Education information:We do not collect any information about the institutions you have attended or the level of education you have attained.
- Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics:We analyze your actual or likely preferences through a series of computer processes and add our observations to your internal profile. We use this information to gauge and develop our marketing activities, measure the appeal and effectiveness of our services, applications, and tools, and to provide you with targeted information, advertisements, and offers.
We may share any of the above-listed information with service providers, which are external parties that we engage for business purposes and are restricted from using personal information for any purpose that is not related to our engagement. The categories of service providers with whom we share information and the services they provide are described in this Policy.
We may also disclose information to other external parties who are not listed here when required by law or to protect our company or other persons, as described in this policy.
Right To Access Information
You have the right to request access to personal information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. To protect your personal information, we will verify your identity before we act on your request.
Right To Request Deletion Of Information
You have the right to request in certain circumstances that we delete any personal information that we have collected directly from you. To protect your personal information, we will verify your identity before we act on your request.
Right to Non-Discrimination
We will not discriminate against you for exercising any of your rights under the CCPA.
Right to Opt-Out of Sales
We do not sell personal information, so we do not have an opt-out.
Right to be Notified of Financial Incentives
You have the right to be notified of any financial incentives offers and their material terms, and the right to opt-out of such incentives at any time. We do not offer any such incentives at this time.
You can exercise these rights at any time by sending an email to firstname.lastname@example.org or by contacting us using the contact details provided under “How To Contact Us” section below.
Under the CCPA, you may exercise these rights yourself or you may designate an authorized agent to make these requests on your behalf. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity.
Additional Information for Eea, Swiss And Uk Users
For individuals in the European Economic Area (EEA), Switzerland and the United Kingdom (UK), the following information also applies to you and supplements the information contained in the Policy.
Church Community Builder, LLC is not the data controller of your personal data.
As explained above, in providing its Services CCB processes personal data on behalf of our client churches acting as a data processor. If you are an attendee of a church and have questions or concerns about how your personal information is handled, please contact your church or consult with the policies they have in place.
VeraSafe has been appointed as CCB’s representative in the European Union for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. VeraSafe can be contacted in addition to CCB’s Privacy Officer, only on matters related to the processing of personal data. To make such an inquiry, please contact VeraSafe using this contact form or via telephone at: +420 228 881 031. Alternatively, VeraSafe can be contacted at: VeraSafe Ireland Ltd. Unit 3D North Point House North Point Business Park New Mallow Road Cork T23AT2P Ireland
Legal Basis For Processing
Our legal basis for collecting and using the personal data described above will depend on the personal data concerned and the specific context in which we collect it. Where we collect personal data, we typically only process it:
- To perform a contract with you: We process your personal data as necessary to perform our contract with you to provide the Services, including to register and administer your account with us.
- With your consent: At times, we process your personal data based on your consent. This may include, for example, when we send you newsletters, e-mails and surveys about our Services.
- Based on our legitimate interests: We may process your personal data where we have legitimate interests to do so and do not override your fundamental rights and freedoms related to data privacy. This includes, for example, providing you with requested customer service or technical support, debugging and improving our Services, improving our Services and establishing, exercising or defending legal claims.
- In accordance with a legal obligation: We also process your personal data in order to comply with certain legal obligations to which we are subject.
International Data Transfers
Your personal data may be transferred outside of the EEA, Switzerland or the UK. Where your personal data is transferred outside the EEA, Switzerland or the UK, it will only be transferred to countries that have been identified as providing adequate protection or to a third party where we have approved transfer mechanisms in place to protect your personal data – for example, by entering into the European Commission’s Standard Contractual Clauses, or by ensuring the entity is Privacy Shield certified (for transfers to US-based third parties). For further information, please contact us using the details set out in theHow to Contact Ussection below.
In compliance with the Privacy Shield Principles, CCB commits to resolve complaints about our collection or use of your personal data. EU, Swiss or UK individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us by email at email@example.com, or by mail at CCB, Attention: Operations, 10807 New Allegiance Drive, Suite 300, Colorado Springs, CO 80921, U.S.A.
CCB has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit http://www.jamsadr.com/file-an-eu-us-privacy-shield-claim for more information or to file a complaint. The services of JAMS are provided at no cost to you.
Your Privacy Rights
You have the following rights in respect of your personal data:
- Rights to Access, Correct and Delete: You have the right to view, correct, update, or request the deletion of your personal data as set out in detail in the “Your Rights” section above.
- Right to Object: Where we process your personal data based on legitimate interests, you may object to the processing of your personal data based on grounds relating to your particular situation.
- Right to Withdraw Consent: Where we process your personal data based on your consent, you have the right to withdraw such consent to further use of your personal data at any time. This will not affect the processing of your personal data before you withdrew consent.
- Right to Port Data: In certain circumstances, you can request that we transfer or port personal data that you have provided to us.
You can exercise these rights at any time by sending an email to firstname.lastname@example.org or by contacting us using the contact details provided under “How To Contact Us” section below.
We hope that we can satisfy queries you may have about the way we process your personal data. However, if you have unresolved concerns you also have the right to complain to the relevant data protection authority. For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Economic Area and Switzerland are available here.
Data Protection Officer
CCB has appointed an internal data protection officer for you to contact if you have any questions or concerns about how we handle your personal information or our privacy policies and practices. CCB’s data protection officer’s name and contact information are as follows:
10807 New Allegiance Drive, Ste 300
Colorado Springs, CO 80921
+1 (866) 242-1199
How to Contact Us
Church Community Builder
10807 New Allegiance Drive, Suite 300
Colorado Springs, CO 80921
- We Want Your Staff To Feel Secure
- We Want Your Members To Feel Secure
- We Want Your IT Professionals And Consultants To Feel Secure
- Hosting Platform
- Application Security
- Data Encryption
- Account Security
- User Permissions
- Hardware & Software
- Payment Card Industry (PCI) Compliance
- Data Ownership
- The Benefits of Software as a Service (SaaS)
- Lower Cost of Maintenance
- No Cost For Updates
Church Community Builder is committed to providing you with the best security for your data. Our main goal is to make your entire community of users feel that we have done everything we can do to protect their information.
We Want Your Staff To Feel Secure
- as they work with member data.
- as they invite members and volunteer leaders to be a part of the online community.
- as they communicate across the Internet.
We Want Your Members To Feel Secure
- as they update their information (helping their church know when changes occur in their lives).
- as they share information with staff, group leaders, and the community.
- as they view and print their own contribution information.
We Want Your IT Professionals And Consultants To Feel Secure
- by knowing we use a state-of-the-art Cloud Hosting Provider.
- by knowing we use high-quality 256-bit SSL encryption to secure transmission of data.
- by knowing we monitor inbound/outbound traffic daily to evaluate security risks.
- by knowing your data is replicated in real-time to a separate, highly available data center hosted by our Cloud Hosting Provider, and your data is backed up nightly to a separate region of our Cloud Hosting Provider.
Your data is one of the most important aspects of the Church Community Builder Solution and we treat it as such. Having great security, resilience, and responsiveness in a solution is important, which is why we here at Church Community Builder have taken every effort to find the best way in which to host your data. The following details provide information about the capabilities provided by the Cloud Hosting Provider’s data centers where the Church Community Builder software is maintained and your live data is stored.
- Access to data centers is limited to only authorized individuals, and only for the time which they need facility access.
- Continuous monitoring for unauthorized facility access is performed via video surveillance, intrusion detection, and access log monitoring systems.
- Audits of over 2600 requirements are performed by external auditors throughout the year to validate compliance with numerous regulatory programs.
- Fully redundant power systems are built to ensure the availability of systems even in the event of a critical power failure.
- Water leakage detection systems are implemented to prevent system damage and outages.
- Climate control systems are in place to maintain acceptable temperatures for the servers, helping prevent system outages.
- Multiple data centers within the same region with high speed, highly available connectivity between them, allowing for data and system availability, even through a full data center outage.
- Highly available internet connectivity with scalable throughput.
We recognize you are entrusting your data to Church Community Builder, and that it’s critical for your staff, volunteer ministry leaders, and members to have access to this data in a safe and secure manner.
Church Community Builder uses high-grade 256-bit certificates and modern TLS to encrypt access to our application, regardless of whether it’s user logins, accessing user data, or processing financial transaction data. These enterprise-level certificates maintained through Digicert, provide assurance that your data is protected between our servers and your computer.
On the user end, we require that all individual logins require at least one numeric and one alpha character and that their password must be at least six characters long to further ensure the security of the data. After five unsuccessful attempts at log in, a user’s account is automatically locked for a 60-minute period. Additionally, we also automatically log users out of sessions after six hours of inactivity to prevent unauthorized access.
Church Community Builder was designed to give you control over how each person is able to access your data. This control can be done via standard user permissions such as a Limited Access User which cannot see any people in your database, a Basic User with the ability to see other listed individuals or a Small Group Leader with access to individuals and data in their groups. If these permissions don’t quite meet your needs, customized administrative users can be granted granular control with over 100 different areas of the application in which permissions can be configured.
Hardware & Software
Security and reliability depend on great systems. Church Community Builder’s solution has been designed from the ground up to implement industry best practices ranging from least privilege to network segmentation. As part of this, security patches for operating systems and installed applications are updated regularly, and systems are also hardened by disabling non-essential services/ports and enabling secure configurations on the operating systems and installed applications.
In addition to building secure systems, we also implement some pretty cool tools to protect against threats to our systems and your data. One of these is a web application firewall (WAF). This tool is built to inspect connections coming into our systems and analyze it for malicious behavior. Depending on the type of threat, the WAF may then present the user a captcha, or if it’s too risky, it’ll simply block the traffic.
Another type of threat that service providers face is a distributed denial of service (DDOS) attack. These types of attacks may be performed in many ways, but ultimately result in an impact to the availability of a service. To combat this, we have implemented a tool to provide us DDOS protection. You can be confident that even when something attempts to cause a DDOS to Church Community Builder’s services, access to your data will still be functional.
Church Community Builder’s critical services are hosted behind load balancers to enhance availability and throughput. One of the amazing characteristics of Church Community Builder’s software is its ability to scale automatically. As load increases on our software, systems are built to detect the need and power up additional resources to ensure that access to your data is still responsive. Don’t worry, each new resource that is powered up is secured in the same way as our other systems. When these systems automatically power down, there’s never any impact to your data.
Payment Card Industry (PCI) Compliance
When using Church Community Builder’s Payment portal, you can be confident that your payment information is secure. We engage with a third-party assessor annually to validate that our systems are implemented securely and comply with the PCI Data Security Standard. Components of this program include third-party penetration tests, vulnerability scanning, patching, security incident management, daily log review, alerts for critical events, and much more.
For more information on our commitment to you around PCI compliance, please feel free to check out our PCI Compliance article.
Church Community Builder utilizes multiple methods to ensure that your church’s data will be available to you when you need it. First, and most important, Church Community Builder replicates your data in realtime between resilient, secure environments in different data centers owned by our Cloud Hosting Provider. This ensures that if there is a disastrous outage at the primary data center hosting our services, even your most recent updates to data will still have been captured. Second, Church Community Builder also retains daily backups for weeks, and weekly backups for months, in a separate region provided by our Cloud Hosting Provider. In the event of a critical impact to an entire region for our Cloud Hosting Provider, your data will still be recoverable.
Church Community Builder does not own or have any rights to any data that the customer submits as a result of using the service. Church Community Builder will not monitor, edit, or disclose any information regarding the customer or customer’s database without the customer’s express written permission except as may be required by law.
The Benefits of Software as a Service (SaaS)
Church Community Builder was built from the ground up to utilize the power of the Internet. Gone are the days when it was OK to have an assistant enter all of the church member data and create reports to get that information back out. Churches in today’s world need the ability to empower volunteer leaders to communicate instantly and dynamically and to build community. The traditional church management software cannot provide this; Church Community Builder can.
One of the additional benefits to utilizing Church Community Builder’s is a built-in Disaster Recovery plan, which would protect your data regardless of hardware issues, office fires, flooding, or other scenarios that might take place at your local church or data center. Any internet access, from any location, will give you access to your Church Community Builder software.
Lower Cost of Maintenance
Your church does not have to maintain the physical equipment or logical systems that ensure security, resilience, and responsiveness that exist when hosting a solution from your church office. Nor does the church have to put additional strain on their IT departments or volunteers to install and maintain applications or infrastructure.
No Cost For Updates
By using a hosted software, updates are automatically loaded to your application as they come available, ensuring that you have the latest version. No more manual upgrades or updates to infrastructure or software.
If you’re here, it may be because your church has chosen to use Church Community Builder software to help manage their ministry. You may be looking for answers on how your personal data is being handled. We’re happy to give you all the information you need!
Who is Church Community Builder?
Church Community Builder provides a platform that churches use to connect and communicate with their community members, record member service history, facilitate online giving, and perform a range of administrative functions. If your church uses our software, staff and leaders at your church are interacting with our software behind the scenes to help keep things running smoothly. You may also be interacting with our software when using groups, events, forms, Child Check-In, or volunteer schedules. No matter what level of involvement you have with your church, at Church Community Builder we are committed to making sure your personal data is safe and secure.
What data does Church Community Builder store?
Churches use our software, in part, to help keep track of their people. That means that a church may use our systems to maintain names, addresses, contact information, family connections, or other types of information about their people. That might include some information about your attendance, volunteer history, or giving history with the church. If you have questions on what types of data your church is storing, reach out to your church’s office staff.
Who owns this data?
The data we hold is the church’s data. We do not own it. Rather, we consider ourselves stewards of the data. We don’t share your data or your church’s data with anyone beyond what is necessary to provide our service. We’re not in the business of selling data.
We are considered a “Processor” under Europe’s General Data Protection Regulation (GDPR), and a “Service Provider” under the California Consumer Privacy Act (CCPA). That legally obligates us to only share this data as necessary to provide our services, and to keep your data safe and secure using appropriate technical and organizational measures.
What are my rights?
Depending on where you live, you may have legal rights on how your church uses your personal data. Those rights might include things like:
- The right to know what data is held on you
- The right to have that data be accurate
- The right to object to the processing of that data
- The right to have that data deleted
PLEASE READ THIS SUBSCRIPTION AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE CHURCH COMMUNITY BUILDER, LLC. SOFTWARE. BY CLICKING ON THE “SUBMIT” BUTTON, AND/OR EXECUTING A SALES ORDER FORM INCORPORATING THIS AGREEMENT, AND/OR ACCESSING CHURCH COMMUNITY BUILDER, LLC.’S PROPRIETARY INTERNET CHURCH MANAGEMENT SOFTWARE (“THE SERVICE”), YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you are signing for the service on behalf of an organization (“Customer”), you represent you are duly authorized to represent the organization and accept the terms and conditions of the Agreement on behalf of Customer. By your acceptance, a binding contract is then formed between Church Community Builder and Customer in accordance with the terms and conditions of this Agreement. You personally agree not to commit or encourage any violation of the Agreement between Church Community Builder and Customer. If you are entering into this Agreement on behalf of Customer, the terms “you” or “your” in this Agreement means Customer and all of its employees. If you are signing for the Service on your own behalf, or if you are not authorized to represent the organization on whose behalf you purport to sign, you agree you are personally bound by this Agreement. YOU AGREE TO CHECK FOR UPDATES TO THIS AGREEMENT PRIOR TO ANNUAL RENEWAL. BY USING THIS WEBSITE OR THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE OR THE SERVICE. THE FOLLOWING ARE THE TERMS AND CONDITIONS FOR ACCESS TO THIS WEBSITE AND USE OF THE SERVICE. BY LOGGING ONTO THE WEBSITE OR ACCESSING THE SERVICE THROUGH ANY INTERFACE, YOU ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
As part of the Service, Church Community Builder will provide the use of the Service, including a browser interface and data encryption, transmission, access, and storage. Your registration for or use of the Service shall be deemed to be your agreement to abide by this Agreement and any materials available on the Church Community Builder website incorporated by reference herein, including, but not limited to, Church Community Builder’s privacy and security policies and Church Community Builder’s Statement of Belief. The Service is offered in several software packages:
Please see the Church Community Builder website for feature differences between the various software packages. Your contract will indicate the package you are purchasing.
I. PERMITTED USE
- Under the terms and conditions of this Agreement, Church Community Builder agrees to provide to Customer and permitted users access to the Service hosted by Church Community Builder and set up a private dedicated database for the exclusive use by Customer.
- The Service is to be used only by Customer and users authorized by Customer who are members of Customer (“Users”). Customer will have the ability to assign usernames and passwords (“logins”) to selected individuals maintained in their dedicated church database. Customer will have full control over who is authorized to access/use this Service, provided (i) Customer shall not authorize persons who are not members of Customer; and (ii) any login issued to a User will be disabled when such person is no longer a member of Customer. Customer will inform Church Community Builder immediately of any actual or potential unauthorized use of a login.
- Customer will be able to assign administrative privileges on a User-by-User basis. All use of the Service is provided via the Internet through a standard internet browser and/or email client. In order to use the Service, Customer and Users are responsible, at their own expense, to acquire access to the Internet and to provide all equipment and software needed.
II. CHOICE / OPT-OUT
- Church Community Builder’s anti-spam practices, in compliance with the CAN-SPAM Act of 2003, tolerate only permission-based email. Recipients of email always have the opportunity to opt-out or change preferences via a link in the footer of all non-transactional email messages.
- In all emails sent by Customer using the Service, Customer agrees to include a clear and conspicuous explanation of how the recipient can opt out of getting email from Customer in the future. Customer also agrees to give a return email address or other easy way to allow people to communicate their opt-out choice to Customer. Customer shall process all opt-out requests within ten (10) business days.
- Customer acknowledges Church Community Builder shall not be required to forward any information to Customer from a recipient who has opted-out of receiving emails from Church Community Builder or Customer.
III. PASSWORDS AND ACCOUNT SECURITY
- Customer agrees and understands it is responsible for maintaining confidentiality of passwords associated with any account it uses to access the Service.
- Accordingly, Customer agrees it shall be solely responsible to Church Community Builder for all activities occurring under its account.
- If Customer become aware of any unauthorized use of its password or of its account, Customer agrees to notify Church Community Builder immediately.
IV. CUSTOMER PROPRIETARY DATA RIGHTS
- The data, information, or material (“Data”) submitted to the Service is for the exclusive use of Customer. Church Community Builder agrees not to use, distribute, or disclose any Data except for disclosures required by law and specific, limited disclosures required to facilitate quick and accurate application user login for the benefit of churches, organizations, customers, and users, as set forth in Section V below. Church Community Builder shall have the right to remove any Data that violates this Agreement (i) immediately, if required by law; (ii) immediately, if Church Community Builder believes the failure to do so could cause irreparable harm; or (iii) otherwise upon five (5) business day written notice to Customer. Customer agrees to evaluate and bear all risks associated with the use of any Data, including any reliance on the accuracy and usefulness of such Data. The obligations under this Section IV shall survive the termination of this Agreement.
- Customer agrees to not upload or transmit any Data that infringes, misappropriates, or violates any rights of any party.
- Church Community Builder has the right to remove any or all email addresses which are deemed by intermediaries, including Internet Service Providers, to be ‘spamming’ addresses or addresses that otherwise degrade the performance of the application, create significant rejections, or are otherwise not being used for bona fide church management purposes.
- Customer shall not allow anyone working on its behalf to (i) perform any technical security integrity review, penetration test, load test, denial-of-service simulation, or vulnerability scan without Church Community Builder’s prior written consent, or (ii) attempt to access the Data of another Customer. Such prohibition includes a prohibition on employment of automatic emulation devices in connection with the Service.
- Downgrading your Service may cause the loss of Data, features, or capacity of your Account. Church Community Builder does not accept any liability for such loss.
V. CHURCH COMMUNITY BUILDER ACCOUNT INFORMATION AND DATA
Church Community Builder does not own or have any rights to any Data Customer submits as a result of using this Service except Church Community Builder may use aggregate general statistical data as set forth below. Church Community Builder will not monitor, edit, or disclose any information regarding Customer or Customer’s database without Customer’s express written permission except in accordance with this Agreement or as may be required by law. For example, Church Community Builder may employ specific data search methodologies to facilitate quick and accurate application user login for the benefit of churches, organizations, customers, and users. Specifically, these data searches are designed to direct users to the correct database for application login and may include, but are not limited to, user searches for the correct church, organization, or customer database utilizing search parameters of church, organization, or customer name; church, organization, or customer location; or user specific identification, such as an individual user’s name. These searches may disclose a church, organization, or customer as having a contractual relationship with Church Community Builder, as well as disclosing the fact of a specific individual, by name, as having a potential relationship as a user with one or more church, organization, or customer of Church Community Builder. Also, Church Community Builder may be required to disclose Data to cooperate with regulators or law enforcement authorities to comply with a legal process such as a court order, subpoena, search warrant, or law enforcement request. In addition, Church Community Builder may review certain User registration and statistical information such as usage or User traffic patterns in summative form for internal planning purposes in operating the Service. Church Community Builder may access and modify Customer database in order to perform Service updates or respond to service or technical problems when requested to do so by Customer, law enforcement officials, or any third party claiming misappropriation or breach of privacy or data rights.
VI. CHURCH COMMUNITY BUILDER PROPRIETARY RIGHTS
Customer acknowledges and agrees the Service contains proprietary and confidential methods and information protected by applicable intellectual property and other laws. Customer agrees to not, directly or indirectly, (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through, the Service or any software, documentation, or Data related to the Service; (ii) remove any proprietary notices or labels from the Service; (iii) modify, translate, or create derivative works based on the Service; or (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service.
VII. API TERMS
Customers may access their Data via an Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product accessing the Service, is bound by the terms of this Agreement plus the following specific terms:
- Customer expressly understands and agrees Church Community Builder shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, or Data, or other intangible losses (even if Church Community Builder has been advised of the possibility of such damages) resulting from Customer’s use of the API or third-party products that access Data via the API.
- Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of Customer’s account’s access to the API. Church Community Builder, in its sole discretion, will determine abuse or excessive usage of the API. Church Community Builder will make a reasonable attempt via email to warn Customer prior to suspension.
- Church Community Builder reserves the right at any time to modify or discontinue, temporarily or permanently, Customer’s access to the API (or any part thereof) with or without notice.
VIII. AVAILABILITY OF SERVICE
Church Community Builder will provide at least two (2) business days advanced notice via email or system announcement within the Service of any scheduled downtime for backup, maintenance, or updates. Additionally, Church Community Builder will make commercially reasonable efforts to ensure the quality of the service it provides is of at least prevailing industry standards and access to the Service is available on a 24/7 basis. However, although Church Community Builder will use all reasonable efforts in good faith to avoid interruption of the Service, Customer acknowledges and agrees access to the Service may be unavailable from time to time for any reason, including, without limitation, interruption of major network connectivity, network and server outages, and backup and regular maintenance by Church Community Builder and any operators of its servers. In the event a 99.9% uptime is not maintained as an average in any calendar month (excluding planned downtime for backups, regular maintenance, and updates to the Service) (the “Uptime Milestone”), Customer may request a pro rata refund of downtime exceeding forty (40) minutes for that calendar month, or Customer may terminate the Service and will receive a pro rata refund for the unused term of the Agreement for use of the Service (excluding any setup fees, data migration fees, coaching, training, or Tribes service fees, or premier or Multi-Site support fees). Other exclusions to the “Uptime Milestone” include interruptions of major network connectivity outside of Church Community Builder’s facilities, problems with Customer network or connectivity, and DNS or browser caching.
IX. SERVICE PROVIDER, VENDOR, AND BUSINESS PARTNER INFORMATION DISCLOSURE
Church Community Builder employs third-party companies to facilitate its services to Customer. These services may include, but are not limited to, file storage, encrypted backup services, web analytics, payment processing, email delivery, text messaging, hardware, or networking equipment. These third-party companies may have access to personal information insomuch as their services are employed by Church Community Builder.
X. CUSTOMER-ASSIGNED ADMINISTRATORS
Customer will select a primary contact (“Master Administrator”) and one other designated contact (“Support Contact”) to manage Customer’s use of the Service, to authorize Users to access the Service, and to serve as the primary technical interface with Church Community Builder Customer Service Representatives.
XI. CUSTOMER SUPPORT SERVICES
Church Community Builder will provide quality technical support to Customer. A 24-hour online Help Desk will be available to all Users. For questions or information not addressed in the Church Community Builder Online Help Desk, additional support will be available to the Master Administrator and Support Contact via eSupport Tickets. Responses to eSupport Tickets will occur typically within one (1) business day.
XII. USER CONDUCT
Customer agrees to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with using this Service. Without limiting the foregoing, Customer agrees not to use the Service or information from the Service for any of the following:
- communication violating any law, including illegal email solicitations, advertising, promotional materials, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages not in full compliance with applicable laws, including the laws of charitable solicitation applicable to any charity or fundraiser raising money for Customer;
- harvesting, collecting, gathering, or assembling information or Data regarding other Users, including email addresses, without their consent;
- transmitting through or posting on the Service unlawful, immoral, libelous, abusive, harassing, tortuous, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene, or otherwise objectionable material of any kind or nature or material which is harmful to minors in any way;
- transmitting any material infringing upon the intellectual property rights or other proprietary rights of third parties, including trademark, copyright, or right of publicity;
- transmitting any material containing software viruses or other harmful or deleterious computer code, files, or programs such as Trojan horses, worms, time bombs, or cancel bots;
- interfering with or disrupting the integrity of any Data or computer-based information or any servers or networks connected to the Service or violating the regulations, policies, or procedures of such networks;
- attempting to gain unauthorized access to the Service or other accounts, computer systems, or networks connected to the Service through password mining or any other means; or,
- Harassing or interfering with another User’s use and enjoyment of the Service.
Church Community Builder, at its own discretion, may immediately disable Customer’s access to the Service or remove all or a portion of Customer’s Data, without refund, if Church Community Builder believes, in its sole discretion, Customer has violated any of the policies listed above.
XIII. REPRESENTATIONS AND WARRANTIES
- Church Community Builder represents and warrants it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and the Service will perform substantially in accordance with Church Community Builder’s online Help Desk documentation under normal use and circumstances.
- Church Community Builder also warrants and represents it will not share, rent, sell, or trade personal information (including email addresses) identifying Customer or its Users to third parties. Church Community Builder will only provide information such as Customer’s name, address, and credit card number to businesses for credit verification and billing services to ensure Church Community Builder receives proper payment for the Services and to Church Community Builder service providers for the purpose of providing the Service.
- Church Community Builder represents it has implemented reasonable security measures to prevent the loss, misuse, and alteration of the confidential information in its possession. Church Community Builder uses various security measures to protect the information it collects, as appropriate to the type of information, including encryption, firewalls, and access controls. Church Community Builder has agreements in place with each of its service providers, vendors, and business partners requiring such third party to protect any Confidential Information transferred to them by implementing industry-standard security measures at least as restrictive as Church Community Builder’s security measures.
- Church Community Builder, as required by the Payment Card Industry (“PCI”) Data Security Standard (“DSS”) Requirement 12.9, is responsible for the security of cardholder data it stores, processes, or transmits and will implement necessary requirements to be considered PCI compliant.
XIV. SERVICE FEES
- Customer agrees to pay all applicable fees as specified in Customer’s Agreement. Fees are payable in advance and are due before the first business day of the month. Prepaid training and/or data migration fees are nontransferable and are forfeited if Customer fails to submit data or complete training within one (1) year of Agreement.
- Church Community Builder reserves the right to disable Customer’s Account immediately if Customer fails to make payments for the Service by the day said payments are due.
- All fees paid are not refundable. However, if Church Community Builder terminates or cancels the Service or Agreement, with or without cause, Church Community Builder shall refund Customer the unused portion of the fees remaining for the Agreement’s term (excluding any setup fees or data migration fees).
XV. RENEWAL / NOTICE OF TERMINATION
The Agreement is effective on the earlier of the date of first use of any of our Services or the date a sales order (an “Order Form”) is signed by Customer and Church Community Builder. These terms survive any termination or expiration of an Order Form or cessation of use of our Services. Each Order Form will remain in effect for an initial term of one year, unless otherwise specified in the Order Form, beginning on the Effective Date identified on the Order Form (the “initial term”). Unless the parties agree to a longer renewal term, after the initial term, these terms and each Order Form will automatically renew on a month to month basis (each, monthly or longer renewal term, as applicable, a “renewal term”) until cancelled by either party on at least thirty days’ prior written notice. During the initial term and any then current renewal term, the Agreement and each Order Form is non-cancellable and fees are non-refundable and non-cancellable except as otherwise expressly specified below in this paragraph. Either Party may terminate the applicable Order Form if the other party materially breaches these terms and fails to cure the breach within 60 days after receiving notice of the breach. Upon termination of an applicable Order Form by Church Community Builder due to Customer’s material breach, all fees for the remainder of the then current term (but for the early termination) shall be immediately due and payable in full by Customer to Church Community Builder. Upon termination of an applicable Order Form by Customer due to Church Community Builder’s material breach, as Customer’s sole and exclusive remedy, Customer shall have no further liability for payment of fees for that Order Form for the period following termination of such Order Form. Termination of an Order Form will not operate to terminate these terms or any other Order Forms then in effect.
XVI. NONPAYMENT / SUSPENSION OF SERVICE
In addition to any other rights granted to Church Community Builder herein, Church Community Builder reserves the right to suspend or terminate this Agreement and Customer’s access to the Service if the account becomes delinquent (falls into arrears). If Customer or Church Community Builder initiates termination of this Agreement, Customer will be obligated to pay any balance due on the account computed in accordance with Section XIV above. Customer agrees Church Community Builder may charge such unpaid fees to a credit card or otherwise bill Customer for such unpaid fees. Church Community Builder reserves the right to impose a temporary access fee in the event Customer is suspended and thereafter requests access to the Service.
XVII. TERMINATION FOR CAUSE
Any unauthorized access, use, copying, disclosure, distribution, or sub-licensing by Customer or with Customer’s aid or consent of the Service or any related methods, techniques, or processes, except as permitted under this Agreement, will be deemed a material breach of this Agreement. Additionally, any actions taken by Customer or its Users in conflict with Section XII above will also be deemed a material breach of this Agreement. Church Community Builder, in its sole discretion, within reason, may terminate or suspend the login, account, or use of the Service if Customer or its Users materially breach this Agreement, provided Church Community Builder provides Customer a ten (10) business day written notice and a fifteen (15) day period to cure any and all material breaches thereafter.
XVIII. TERMINATION OF SERVICE
Customer agrees that upon termination pursuant to Sections XVI or XVII above, Church Community Builder will bar Customer from any further access to the Service. It is the sole responsibility of Customer to retrieve their Data and files from the Service prior to the date of termination. Customer’s account and all Data and files related to the Service shall be permanently deleted no later than three-hundred sixty-five (365) days after terminated service. Church Community Builder will use commercially reasonable efforts to provide written notice thirty (30) days before such deletion to allow Customer final opportunity to export or download any Data or files related to the Service. Customers choosing to access the Service at that time will incur a temporary access fee, as described in Section XVI above. Customer may terminate the Service on five (5) business days advanced notice for failure by Church Community Builder to achieve the Uptime Milestone or due to a security breach. In such event, Customer, as its sole and exclusive monetary remedy in connection with such termination, may elect to have refunded the price paid in advance (if any) for the remaining portion of the Agreement’s term for use of the Service (excluding any setup fees or data migration fees). Church Community Builder may terminate use on notice of the Service if Customer is a competitor of Church Community Builder and upon such termination shall refund a pro rata portion of the fees paid for the unused term of the Agreement.
XIX. DISCLAIMER OF WARRANTIES
Use of the Service and any reliance by Customer upon the Service, including any action taken by Customer because of such use or reliance, is at Customer’s sole risk. Church Community Builder does not warrant the Service will be uninterrupted or error-free, nor does it make any warranty as to the results that may be obtained from use of the Service. The Service is provided “as-is”, and Church Community Builder disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
XX. LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THE SERVICE, ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, OR ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CUSTOMER.
Subject in all cases to the limitations set forth in Section XX (Limitation of Liability), the parties agree to the indemnity provisions set forth in subsections (1.)–(4.) below:
- Customer agrees to indemnify Church Community Builder and its officers, directors, subsidiaries, affiliates, successors, assigns, and agents (collectively, the “Church Community Builder Indemnities”) and defend and hold the Church Community Builder Indemnities harmless from and against all liabilities, losses, damages, settlements, actions, claims, suits, penalties, fines, or expenses (including, without limitation, reasonable attorneys’ fees and other expenses of litigation) incurred by any Church Community Builder Indemnities relating to or arising from or occurring as a result of Customer’s use of the Service; Customer’s connection to the Service; Customer’s violation of this Agreement; or Customer’s violation of any proprietary or other rights of another, provided: (i) the Church Community Builder Indemnities notify Customer in writing of the claim within thirty (30) days of notice of such claim; (ii) Customer has sole control of the defense and resolution of such claim; and (iii) the Church Community Builder Indemnities provide Customer with the reasonable assistance to perform Customer’s obligations under this Section. Customer will reimburse the Church Community Builder Indemnities’ reasonable out-of-pocket expenses incurred in providing such assistance. Notwithstanding the foregoing, nothing herein shall be construed to require Customer to indemnify any of the Church Community Builder Indemnities for a claim to the extent caused by or resulting from such Church Community Builder Indemnities’ own negligence or willful misconduct.
- Church Community Builder shall indemnify Customer and its officers, directors, subsidiaries, affiliates, successors, assigns, and agents (collectively, the “Customer Indemnities”) and defend and hold the Customer Indemnities harmless from and against all liabilities, losses, damages, settlements, actions, claims, suits, penalties, fines, or expenses (including, without limitation, reasonable attorneys’ fees and other expenses of litigation) incurred by any Customer Indemnities, relating to or arising from or occurring as a result of infringement by the Church Community Builder Service of any patent, copyright, trademark, trade secrets, or other intellectual property rights of a third party; or Church Community Builder’s violation of this Agreement, provided: (i) Customer Indemnities notify Church Community Builder in writing of the claim within thirty (30) days of notice of such claim; (ii) Church Community Builder has sole control of the defense and resolution of such claim; and (iii) Customer Indemnities provide Church Community Builder with the reasonable assistance to perform Church Community Builder’s obligations under this Section. Church Community Builder will reimburse Customer Indemnities’ reasonable out-of-pocket expenses incurred in providing such assistance. Notwithstanding the foregoing, nothing herein shall be construed to require Church Community Builder to indemnify any of the Customer Indemnities for a claim to the extent caused by or resulting from such Customer Indemnities’ own negligence or willful misconduct.
- Each party shall also indemnify, defend, and hold the other party and its respective Indemnities (as defined in (1.) and (2.) above) free and harmless from and against any and all claims, demands, actions, causes of action, lawsuits, judgments, costs, expenses, and other liabilities of every nature, including attorneys’ fees, arising from the breach or inaccuracy of any of the indemnifying party’s representations or warranties contained in this Agreement.
- Neither Church Community Builder nor the Customer shall be obligated to indemnify the other party in any manner whatsoever for the other party’s negligence or willful misconduct.
The foregoing indemnification provisions shall survive the termination of this Agreement.
By virtue of this Agreement, the parties may have access to information confidential to one another (“Confidential Information”). The parties agree not to make each other’s Confidential Information available in any form to any third party or to use each other’s Confidential Information for any purpose other than the implementation of the Agreement. Each party agrees to take all reasonable steps to ensure Confidential Information is not disclosed or distributed by its employees or agents in violation of the provision of this Agreement.
XXIII. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions, and shall be deemed to be executed in Colorado Springs, Colorado. Customer and Church Community Builder also agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Colorado.
Notices to Customer shall be made by email to a designated account reference with a copy delivered first class mail to the then existing address of Customer shown on the records of Church Community Builder. Notice to Church Community Builder shall be sent to: Church Community Builder, LLC. 10807 New Allegiance Dr, Suite 300 Colorado Springs, CO 80921 with a copy facsimile: 888.295.1735 Notices sent by overnight delivery service shall be deemed received on the business day of receipt from the delivery service. Mailed notices shall be deemed received upon the earlier of the date of delivery shown on the return receipt or the second business day after the date of mailing. Notices sent by facsimile transmission shall be deemed served on the date of transmission, provided it is during regular business hours, otherwise on the next business day. The Service may also provide notices of changes to this Agreement or other matters.
XXV. ENTIRE AGREEMENT
This Agreement constitutes the complete Agreement between the parties and, except as provided, supersedes all previous agreements or representations, written or oral, with respect to the Services described herein.
XXVI. ATTORNEYS’ FEES
Should either party bring legal action (including arbitration) to enforce its rights under this Agreement, the prevailing party in such action shall be entitled to recover from the losing party its reasonable attorneys’ fees and costs in addition to any other relief to which the prevailing party is entitled. The parties further agree any attorneys’ fees incurred in enforcing any judgment are recoverable as a separate item and this provision is intended to be severable from the other provisions of this Agreement, shall survive the judgment, and is not to be deemed merged into the judgment.
This Agreement becomes effective upon:
- Acceptance of these terms by Customer as evidence by assent of the person accepting this Agreement, or
- Valid payment by Customer which constitutes an electronic signature, or
- Acceptance by Church Community Builder as shown by an acceptance response or commencement of use of the Service.
This Agreement does not limit any rights Church Community Builder may have under trade secret, copyright, patent, trademark, or other laws. The failure of Church Community Builder to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions of the Agreement shall remain in full force and effect. The section titles in the Agreement are for convenience only and have no legal or contractual effect. The Agreement will inure to the benefit of Church Community Builder and its successors and assigns. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages in certain circumstances. Accordingly, some of the above limitations may not apply. All representations, warranties, terms, disclaimers, and limitations in the Agreement shall survive the termination of Customer’s account or access to the Service.