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Terms of Service Creator Master Services Agreement Brand Master Services Agreement Terms of Use Privacy Policy

Terms of Service


The brkfst Terms of Service is comprised of the following agreements:

Creator Master Services Agreement


Brand Master Services Agreement


Terms of Use


These Terms of Use apply to the website, www.brkfst.io that you were viewing before clicking on these Terms of Use. Such individual website is referred to in these Terms of Use as “this Website.”

 

By accessing and using this Website, you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, then you are not allowed to use this Website and should immediately terminate such usage.

 

Agency Within, LLC dba brkfst is the entity that is providing this Website and is referred to in these Terms of Use as “we,” “us,” or “our.” These Terms of Use are only between you and us.

Use of Content; Restrictions; Privacy Policy

Unless otherwise indicated in the relevant content, and on the condition that you comply with all of your obligations under these Terms of Use, you are authorized to view, copy, print, and distribute (but not modify) the content on this Website; provided that (i) such use is for informational, noncommercial purposes only, and (ii) any copy of the content that you make must include the copyright notice or other attribution associated with the content.

 

You are not authorized to copy or use any software, proprietary processes, or technology embodied or described in this Website.

 

You will comply with all applicable laws in accessing and using this Website.

 

You acknowledge that we may use your personal information and data according to our Privacy Policy and Cookie Notice, which are incorporated herein by this reference. You hereby agree to the terms of our Privacy Policy, including the California Privacy Rights Statement referenced therein, and Cookie Notice, including any obligations imposed on you therein.

 

 

Intellectual Property Rights; No use of Our names or logos

Unless otherwise indicated, the content on this Website is provided by us.

 

This Website and its contents are protected by copyright, trademark, and other laws of the United States and/or foreign countries. We and our licensors reserve all rights not expressly granted in these Terms of Use.

 

brkfst and the brkfst logo (collectively, the “brkfst Marks”), are trademarks or registered trademarks of Agency Within, LLC dba brkfst. Except as expressly provided in these Terms of Use or as expressly authorized in writing by the relevant trademark owner, you shall not use any brkfst Marks either alone or in combination with other words or design elements, including, in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual, or any other form.

 

References to other parties’ trademarks on this Website are for identification purposes only and do not indicate that such parties have approved this Website or any of its contents. These Terms of Use do not grant you any right to use the trademarks of other parties.

Disclaimers and Limitations of Liability

THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR OTHER PART THEREOF) CONTAINS GENERAL INFORMATION ONLY, AND WE ARE NOT, BY MEANS OF THIS WEBSITE, RENDERING PROFESSIONAL ADVICE OR SERVICES. BEFORE MAKING ANY DECISION OR TAKING ANY ACTION THAT MIGHT AFFECT YOUR FINANCES OR BUSINESS, YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL ADVISOR.

 

THIS WEBSITE IS PROVIDED AS IS, AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS WEBSITE WILL BE SECURE, ERROR-FREE, FREE FROM VIRUSES OR MALICIOUS CODE, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY.

 

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO OR ARISING OUT OF THE USE OF THIS WEBSITE, EVEN IF WE KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.

 

CERTAIN LINKS ON THIS WEBSITE MAY LEAD TO WEBSITES, RESOURCES, OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL, INCLUDING, WITHOUT LIMITATION, THOSE MAINTAINED BY OTHER ENTITIES OR INDIVIDUAL PERSONNEL OF SUCH ENTITIES. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES, AND TOOLS, AND LINKS TO ANY SUCH WEBSITES, RESOURCES, AND TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THEM OR THEIR CONTENT BY US.

 

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE APPLICABLE NOT ONLY TO US BUT ALSO TO OUR PERSONNEL.

 

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE.

Additional Terms

If any portion of these Terms of Use is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law in order to effect its intent as nearly as possible, and the remainder of these Terms of Use shall remain in full force and effect, and (ii) in every other jurisdiction, all of these Terms of Use shall remain in full force and effect.

 

We may revise these Terms of Use at any time in our sole discretion by posting such revised Terms of Use at the Terms of Use link (i.e., this webpage that you are currently viewing) or elsewhere in this Website. Such revisions shall be effective as to you upon posting, unless explicitly stated by us. It is your responsibility to be aware of any such revised Terms of Use by checking this webpage. Your continued use of this Website following changes to these Terms of Use constitutes your agreement to the revised Terms of Use.

Choice of Law; Dispute Resolution

You agree that all matters relating to your access to or use of this Website, including all disputes, will be governed by the laws of the State of New York in the United States, without regard to its conflict of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Queens County, New York, USA, and waive any objection to just jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) years after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between brkfst and you arising out of or in connection with your use of this Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable period of time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved via mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 

Last Revised November 4, 2021

Privacy Policy


Protecting your privacy is fundamental to the way Agency Within, LLC dba brkfst (“we,” “us,” or “our”) conduct business. This Privacy Policy explains how we may collect, use and disclose your personal information. You can jump to particular topics by going to the headings below:

  • How We Collect or Receive Personal Information
  • Disclosure of Personal Information 
  • Your Choices.
  • Data Security
  • Other Important Information 
  • Contact Information

 

We collect personal information in the course of providing services to our business customers and, sometimes, to you directly. Here are the types of information we gather:

 

Context
Types of Data
Primary Purpose for Collection and Use of Data
Client Information We collect the name, username, and contact information, of our clients and their employees with whom we may interact. We have a legitimate interest in contacting our clients and communicating with them concerning normal business administration such as projects, services, and billing.
Client User Account information We collect personal data from our clients when they create an account to access and use the services or request certain free services from our website. This information could include business contact information such as name, email address, title, company information, and password for our services. We have a legitimate interest in providing account related functionalities to our users, monitoring account log-ins, and detecting potential fraudulent logins or account misuse. Additionally, we use this information to fulfill our contract to provide you with services.
Cookies and first party tracking We use cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a web site is viewed. See our Cookie Policy for more information. We have a legitimate interest in making our website operate efficiently.
Cookies and Third Party Tracking We participate in behavior-based advertising, this means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can provide advertising about products and services tailored to your interests on our website, or on other websites.  See our Cookie Preference Center for more information. We have a legitimate interest in engaging in behavior-based advertising and capturing website analytics.
Demographic Information We collect personal information, such as your age or location. We have a legitimate interest in understanding our users and providing tailored services.
Email Interconnectivity If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases. We have a legitimate interest in understanding how you interact with our communications to you.
Employment If you apply for a job posting, or become an employee, we collect information necessary to process your application or to retain you as an employee.  This may include, among other things, your Social Security Number.  Providing this information is required for employment. We use information about current employees to perform our contract of employment, or the anticipation of a contract of employment with you.  In some contexts, we are also required by law to collect information about our employees.  We also have a legitimate interest in using your information to have efficient staffing and work force operations.
Feedback/Support We collect personal data from you contained in any inquiry you submit to us regarding our sites or services, such as completing our online forms, calling, or emailing for the purposes of general inquiries, support requests, or to report an issue. When you communicate with us over the phone, your calls may be recorded and analyzed for training, quality control and for sales and marketing purposes. During such calls we will notify you of the recording via either voice prompt or script. We have a legitimate interest in receiving, and acting upon, your feedback, issues, or inquiries.
Mailing List When you sign up for one of our mailing lists we collect your email address or postal address. We share information about our products and services with individuals that consent to receive such information.  We also have a legitimate interest in sharing information about our products or services.
Surveys When you participate in a survey we collect information that you provide through the survey.  If the survey is provided by a third party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information. We have a legitimate interest in understanding your opinions, and collecting information relevant to our organization.
Website interactions We use technology to monitor how you interact with our website. This may include which links you click on, or information that you type into our online forms.  This may also include information about your device or browser. We have a legitimate interest in understanding how you interact with our website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful.  We also have a legitimate interest in detecting and preventing fraud.
Web logs We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors. We have a legitimate interest in monitoring our networks and the visitors to our websites.  Among other things, it helps us understand which of our services is the most popular.

 

 

In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources.  For example, if you submit a job application, or become an employee, we may conduct a background check.

 

  • How We Use Personal Information

We use the personal information we collect from you to fulfill the purpose for which it was provided to us, such as contacting you about our services, evaluating your employment application. We may also use your personal information: (1) to provide you with information, products or services that you request from us; (2) to provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you; (3) to improve our website and present its contents to you; (4) for testing, research, analysis and product development; and (5) for any other purpose with your consent. Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose.  For example, if you sign up for services, we may collect your information to complete that transaction, but we also collect your information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your services.  As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.

 

  • Disclosure of Personal Information

In addition to the specific situations discussed elsewhere in this policy,  we may disclose personal information we collect from you: (1) if we believe disclosure is necessary or appropriate to protect the rights, property or safety of us, our clients or others (2) to contractors, service providers, and other third parties we use to support our business; (3) to fulfill the purpose for which you provide it; (4) to a buyer or other successor in the event of a sale, merger, reorganization or transfer of some or all of our business or assets; (5) for any other purpose disclosed by us when you provide the information; (6) to comply with any court order, law or legal process, including responding to any government or regulatory request; (7) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections; or (8) with your consent. We do not sell or otherwise share personal information with third parties for direct marketing purposes. Your Choices. You can make the following choices regarding your personal information:

 

  1. Access To Your Personal Information. You may request access to your personal information by contacting us at the address described below. If required by law, upon request, we will grant you reasonable access to the personal information that we have about you.  We will provide this information in a portable format, if required.  Note that California residents may be entitled to ask us for a notice describing what categories of personal information (if any) we share with third parties or affiliates for direct marketing.
  2. Changes To Your Personal Information. We rely on you to update and correct your personal information.  Most of our websites allow you to modify or delete your account profile.  If our website does not permit you to update or correct certain information, you contact us at the address described below in order to request that your information by modified. Note that we may keep historical information in our backup files as permitted by law.
  3. Deletion Of Your Personal Information.  Typically we retain your personal information for the period necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or permitted by law.  You may, however, request information about how long we keep a specific type of information, or request that we delete your personal information by contacting us at the address described below.  If required by law we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.
  4. Objection to Certain Processing.  You may object to our use or disclosure of your personal information by contacting us at the address described below.
  5. Online Tracking.  We do not currently recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
  6. Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties.  You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive.  If you decide not to receive promotional emails, we may still send you service related communications.
  7. Promotional Text Messages.  If you receive a text message from us that contains promotional information you can opt-out of receiving future text messages by replying “STOP.”
  8. Revocation Of Consent.  If you revoke your consent for the processing of personal information then we may no longer be able to provide you services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address described below.

 

Please address written requests and questions about your rights to questions.privacy.brkfst@brkfst.io or call us at 1-800-682-1707. Note that, as required by law, we will require you to prove your identity.  We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name or other account information. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files. In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf.  We will require verification that you provided the authorized agent permission to make a request on your behalf.  You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us.  If you are an authorized agent submitting a request on behalf of an individual you must attach a copy of the following information to the request:

 

  1. A completed a notarized statement executed by you and the consumer indicating that you have authorization to act on the consumer’s behalf.
  2. If you are a business, proof that you are registered with the Secretary of State to conduct business in California.

 

If we do not receive both pieces of information, the request will be denied.

 

  • Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access and disclosure. The use of, and access to, your personal information by us is restricted to employees and contractors who need to know that information to provide services to you. We maintain physical, electronic and procedural safeguards to limit access to your nonpublic personal information. Unfortunately, no method of transmission of information via the internet or electronic storage is completely secure. Although we use reasonable efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted to us through our website or other electronic means. Any electronic transmission of personal information is at your own risk. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law. Other Important Information  The following additional information relates to our privacy practices:

  • Transmission Of Information To Other Countries. brkfst is located in the United States.  Our service providers and other third parties you may interact with in connection with our services may be located in the United States and other countries around the world. As a result your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country.  Nonetheless, where possible we take steps to treat personal information using the same privacy principles that apply pursuant to the law of the country in which we first received your information.  By submitting your personal information to us you agree to the transfer, storage and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States.  To the extent personal information is collected and subsequently transferred out of the European Economic Area, the transfer will take place consistent with the Standard Contractual Clauses. If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us using the contact information below.
  • Third-Party Providers. Some applications and services embedded within, or linked from, our website, such as maps and social media platforms, are controlled by third-party providers. These third parties may use cookies, alone or in conjunction with other tracking technologies, to collect information about you when you use our website or navigate away from our website. These third parties may also have privacy policies that differ from ours. For example, they may collect personal information about your online activities over time and across different websites, and other online services, and may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third-parties or their privacy practices, and this Privacy Policy does not apply to any third-party website or service you may access through our website. If you have any questions about a third-party provider’s privacy policies or advertising, you should contact the responsible provider directly.
  • Non-Personal Information.  This Privacy Policy does not restrict our collection, use or disclosure of any aggregated information or information that does not identify, or cannot be reasonably linked to, any individual.

 

Accessibility. If you are visually impaired, you may access this notice through your browser’s audio reader.

  • Changes to Our Privacy Policy. We will post any changes we make to this Privacy Policy on our website. If we make material changes to how we treat personal information we collect from you, we may notify you by email or through a notice on our website homepage. The date this Privacy Policy was last revised is identified above. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this Privacy Policy on our website to check for any changes.

 

Information for California Residents.  California law indicates that organizations should disclose whether certain categories of information are collected, “sold” or transferred for an organization’s “business purpose”(as those terms are defined under California law).  You can find a list of the categories of information that we collect and share here. Please note that because this list is comprehensive it may refer to types of information that we share about people other than yourself. If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing please submit a written request to us using the information in the “Contact Information” section below.  We do not discriminate against California residents who exercise any of their rights described in this Privacy Policy.

 

  • Contact Information

If you have questions or comments about this Privacy Policy, please call or email us at questions.privacy.brkfst@brkfst.io or (800) 279-1810‬.

 

  • Children’s Policy

Because we care about the safety and privacy of children online, we comply with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying FTC regulation establish United States federal law that protects the privacy of children using the Internet. We do not knowingly contact or collect personal information from children under 18. Our website is not intended to solicit information of any kind from children under 18.  It is possible that by fraud or deception we may receive information pertaining to children under 18. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of information by children under 18, please do so by emailing us at questions.privacy.brkfst@brkfst.io

Effective Date: November 4, 2021 Last Update: November 4, 2021