BeamZ Terms of Service

Effective October 1, 2020

Welcome to BeamZ!

Introduction

Thank you for using the BeamZ platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).

Our Service

The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small. We provide lots of information about our products and how to use them among other things, the BeamZ ProducerProgram and BeamZ Paid Memberships and Purchases (where available).

Your Service Provider

The entity providing the Service is Charing Cross Corporation, a company operating under the laws of California , mailing address of 2995 Woodside road #400-551,Woodside, CA 94062 (referred to as “BeamZ”, “we”, “us”, or “our”). References to BeamZ’s “Affiliates” in these terms means the other companies within the Charing Cross Corporation corporate group (now or in the future).

Applicable Terms

Your use of the Service is subject to these terms, the BeamZ Community Guidelines and the Policy, Safety and Copyright Policies which may be updated from time to time (together, this "Agreement"). Your Agreement with us will also include the Advertising on BeamZ Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your content. Any other links or references provided in these terms are for informational use only and are not part of the Agreement.

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

Who may use the Service?

Age Requirements

You must be at least 13 years old to use the Service. However, children of all ages may use BeamZ Kids (where available) if enabled by a parent or legal guardian.

Permission by Parent or Guardian

If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

Businesses

If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

Your Use of the Service

Content on the Service

The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, BeamZ or a third-party (collectively, "Content”).

Content is the responsibility of the person or entity that provides it to the Service. BeamZ is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us abuse@BeamZ.live

BeamZ Accounts and BeamZ Channels

You can use parts of the Service, such as browsing and searching for Content, without having a BeamZ account. However, you do need a BeamZ account to use some features. With a BeamZ account, you may be able to like videos, subscribe to channels, create your own BeamZ channel, and more. You can follow these instructions to create a BeamZ account.

Creating a BeamZ channel will give you access to additional features and functions, such as uploading videos, making comments or creating playlists (where available). Here are some details about how to create your own BeamZ channel.

To protect your BeamZ account, keep your password confidential. You should not reuse your BeamZ account password on third-party applications.

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

We will process any audio or audiovisual content uploaded by you to the Service in accordance with the BeamZ Data Processing Terms,

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use. You may also show BeamZ videos through the embeddable BeamZ player.

The following restrictions apply to your use of the Service. You are not allowed to:

access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from BeamZ and, if applicable, the respective rights holders;
circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with BeamZ’s robots.txt file; or (b) with BeamZ’s prior written permission;
collect or harvest any information that might identify a person (for example, usernames), unless permitted by that person or allowed under section (3) above;
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
run contests on or through the Service that do not comply with BeamZ’s contest policies and guidelines;
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on BeamZ policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where BeamZ videos are the main draw for users visiting the webpage).

Reservation

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or BeamZ.

Changes to the Service

BeamZ is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.

Your Content and Conduct

Uploading Content

If you are a BeamZ Producer, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the BeamZ Community Guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

If you have a BeamZ account, you may be able to add or upload Content to the Service, such as likes, reviews or content during a BeamZ show that is run by a BeamZ Producer. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the BeamZ Community Guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

Rights you Grant

You retain ownership rights in your Content. However, we do require you to grant certain rights to BeamZ and other users of the Service, as described below.

License to BeamZ

By providing Content to the Service, you grant to BeamZ a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and BeamZ’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.

License to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that BeamZ may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.

Removing Your Content

You do not have the right to remove your content.

Removal of Content By BeamZ

If we reasonably believe that any Content is in breach of this Agreement or may cause harm to BeamZ, our users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for BeamZ or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, BeamZ or our Affiliates.

If you believe your copyright has been infringed on the Service, please send us a notice at copyright@BeamZ.live

Account Suspension & Termination

Terminations by You

You may stop using the Service at any time. Please send a note to terminateBeamZ.live

Terminations and Suspensions by BeamZ for Cause

BeamZ may suspend or terminate your access, your BeamZ account, or your BeamZ account’s access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, BeamZ or our Affiliates.

Terminations by BeamZ for Service Changes

BeamZ may terminate your access, or your BeamZ account’s access to all or part of the Service if BeamZ believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by BeamZ unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for BeamZ or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, BeamZ or our Affiliates. Where BeamZ is terminating your access for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.

Effect of Account Suspension or Termination

If your BeamZ account is terminated or your BeamZ account’s access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your BeamZ account has been terminated in error, contact at accountappeal@BeamZ.live.

About Software in the Service

Downloadable Software

When the Service requires or includes downloadable software (such as the BeamZ Studio application), you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, BeamZ gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by BeamZ as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by BeamZ, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have BeamZ’s written permission.

Open Source

Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.

Other Legal Terms

Warranty Disclaimer

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND BeamZ DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, BeamZ, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
ANY INTERRUPTION OR CESSATION OF THE SERVICE;
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
ANY CONTENT WHETHER SUBMITTED BY A USER OR BeamZ, INCLUDING YOUR USE OF CONTENT; AND/OR
THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

BeamZ AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT BeamZ HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO BeamZ, OF THE CLAIM; AND (B) USD $500.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless BeamZ, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by BeamZ. BeamZ has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

About this Agreement

Modifying this Agreement

We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. BeamZ will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.

Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Governing Law

All claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of San Mateo County, California, USA. You and BeamZ consent to personal jurisdiction in those courts.

Limitation on Legal Action

YOU AND BeamZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Effective as of October 1, 2020

BeamZ Producer Program

If you wish to produce BeamZ Show content for the BeamZ platform you need to fill out an application. Please send your contact information to producerapplication@BeamZ.live

BeamZ Paid Memberships and Purchases^[a]

BeamZ Community Guidelines

The safety of our creators, viewers, and partners is our highest priority – and we look to each of you to help us protect this unique and vibrant community. It’s important you understand our Community Guidelines, and the role they play in our shared responsibility to keep BeamZ safe.

Fake Engagement Policy

Please take the time to carefully read the policy below. YBeamZ doesn’t allow anything that artificially increases the number of views, likes, comments, or other metric either through the use of automatic systems or by serving up videos to unsuspecting viewers. Additionally, content that solely exists to incentivize viewers for engagement (views, likes, comments, etc) is prohibited.

Content and channels that don't follow this policy may be terminated and removed from BeamZ.

Important: If you hire someone to promote your channel, their decisions may impact your channel. Any method that violates our policies may result in content removal or a channel takedown, whether it's an action taken by you or someone you've hired.

We consider engagement to be legitimate when a human user’s primary intent is to interact with content free of coercion or deception, or where the sole purpose of the engagement is financial gain.

What this policy means for you

If you're posting content

Don’t post content on BeamZ if it fits any of the descriptions noted below.

Links to or promotes third-party services that artificially inflate metrics like views, likes, and subscribers
Content linking to or promoting third-party view count or subscriber gaming websites or services
Offering to subscribe to another creator’s channel only if they subscribe to your channel (“sub4sub”)

Note: You're allowed to encourage viewers to subscribe, hit the like button, share, or leave a comment

Content featuring a creator purchasing their views from a third party with the intent of promoting the service

This policy applies to videos, video descriptions, comments, live streams, and any other BeamZ product or feature. Keep in mind that this isn't a complete list.

Content endangering minors

BeamZ doesn’t allow content that endangers the emotional and physical well-being of minors. A minor is defined as someone under the legal age of majority -- usually anyone younger than 18 years old in most countries/regions.

If you find content that violates this policy, report it. If you believe that a child is in danger, you should contact your local law enforcement to report the situation immediately.

Instructions for reporting violations of our Community Guidelines are available here. If you've found multiple videos or comments that you would like to report, you can report the channel.

What this policy means for you

If you're posting content

Don’t post content on BeamZ if it fits any of the descriptions below.

Sexualization of minors: Sexually explicit content featuring minors and content that sexually exploits minors. We report content containing child sexual abuse imagery to the National Center for Missing and Exploited Children, who work with global law enforcement agencies.
Harmful or dangerous acts involving minors: Content showing a minor participating in dangerous activities or encouraging minors to do dangerous activities. Never put minors in harmful situations that may lead to injury, including dangerous stunts, dares, or pranks.
Infliction of emotional distress on minors: Content that could cause minor participants or viewers emotional distress, including:

Exposing minors to mature themes
Simulating parental abuse
Coercing minors
Violence

Misleading family content: Content that targets young minors and families, but contains:

Sexual themes
Violence
Obscenity or other mature themes not suitable for young audiences
Family friendly cartoons that target young minors and contain adult or age-inappropriate themes such as violence, sex, death, drugs etc. Make sure your titles, descriptions, and tags match the audience you are targeting. You can also age restrict your content upon upload if it’s intended for mature audiences.

Cyberbullying and harassment involving minors: Content that:

Targets individuals for abuse or humiliation
Reveals personal information like email addresses or bank account numbers
Records someone without their consent
Sexually harasses
Encourages others to bully or harass

This policy applies to videos, video descriptions, comments, Stories, Community posts, live streams, playlists, and any other BeamZ product or feature. Please note this is not a complete list.

Age-restricted content

We may add an age restriction to content that includes any of the following.

Harmful or dangerous acts that minors could imitate: Content containing adults participating in dangerous activities that minors could easily imitate.

Note: If the content itself warns minors not to perform the dangerous activities, we may allow this content without restriction. It will also need to explain the need for professional adult supervision.

Adult themes in family content: Content meant for adult audiences but could easily be confused with family content. This includes cartoons that contain adult themes such as violence, sex, or death. Remember you can age restrict your content upon upload if it’s intended for mature audiences.
Vulgar language: Some language is not appropriate for younger audiences. Content using sexually explicit language or excessive profanity may lead to age restriction.

Content featuring minors

In order to protect minors on BeamZ, content that doesn’t violate our policies but features children may have some features disabled. These features may include:

Comments
Live chat
Live streaming
Video recommendations (how and when your video is recommended)
Community posts

How to protect minors in your content

Our goal is to protect uploaders as well as viewers. Before posting content of yourself, your family, or friends, think carefully about whether it may put anyone at risk of negative attention.

Ensure the minor is supervised by an adult and is performing age-appropriate activities such as demonstrating hobbies, educational content or public performances.
Ensure the attire worn is age-appropriate. Avoid attire that overexposes the minor or is very form-fitting.
Use BeamZ's privacy settings to limit who can see the videos you post.

Don’t post content on BeamZ that features minors and meets one or more of the following:

Filmed in private spaces at home such as bedrooms or bathrooms.
Features minors soliciting contact from strangers, dares or challenges online, or discussing adult topics.
Shows activities that could draw undesired attention to the minor, such as performing body contortions or ASMR.
Reveals personal details about a minor.

We have zero tolerance for predatory behavior on BeamZ. If we think a child is in danger based on reported content, we’ll help law enforcement investigate the content.

Policy on impersonation

Content intended to impersonate a person or channel is not allowed on BeamZ. BeamZ also enforces trademark holder rights. When content, causes confusion about the source of goods and services advertised, it may not be allowed.

If you see content that violates this policy, please report it.

If you feel that yours or another creator's channel is being impersonated, you can report the channel by following the instructions here.

What these policies mean for you

If you're posting content

Don’t post content on BeamZ if it fits any of the descriptions noted below.

Channel impersonation: A channel that copies another channel's profile, background, or overall look and feel in such a way that makes it look like someone else's channel. The channel does not have to be 100% identical, as long as the intent is clear to copy the other channel.
Personal impersonation: Content intended to look like someone else is posting it.

Examples

Here are some examples of content that’s not allowed on BeamZ.

Channels with the same name and image as another channel, with the only difference being a space inserted into the name or a zero replacing the letter O.
Using someone else's real name, user name, image, brand, logo, or other personal information to trick people into believing you are that person.
Exactly matching a channel description to another channel.
Setting up a channel using the name and image of a person, and then pretending that person is posting content to the channel.
Setting up a channel using the name and image of a person, and then posting comments on other channels as if they were posted by the person.
Channels claiming to be a “fan account,” but actually posing as another’s channel and reuploading their content.
Channels impersonating an existing news channel.

Please remember these are just some examples, and don't post content if you think it might violate this policy.

Custom thumbnails policy

Custom thumbnails that violate our Community Guidelines are not allowed on BeamZ.

If you see thumbnails that violate this policy, please report them. Instructions for reporting violations of our Community Guidelines are available here. If you've found multiple videos or comments that you would like to report, you can report the channel.

What this means for you

Don’t post a thumbnail on BeamZ that fits any of the descriptions noted below.

Thumbnails that include pornographic images depicting sexual acts, genitals, or fetishes for the purpose of sexual gratification
Violent imagery intended to shock or disgust
Thumbnails misleading viewers into thinking they’re about to view something that’s not in the video

Please note this is not a complete list.

Links in your Content

Links that send users to websites featuring content that violates our Community Guidelines are not allowed on BeamZ.

What this policy means for you

If you're posting content

Don’t post links in your content on BeamZ if they fit any of the descriptions noted below.

Links to pornography
Links to websites or apps that install malware
Links to websites or apps phishing for a user’s login credentials, financial information, etc.
Links to websites, apps, or other information technology that give unauthorized free access to audio content, audiovisual content, full video games, software, or streaming services that normally require payment
Links to websites that seek to raise funds or recruit for terrorist organizations
Links to sites containing Child Sexual Abuse Imagery (CSAI)
Links to sites selling items noted in our regulated goods guidelines

This policy applies to videos, video descriptions, comments, live streams, and any other BeamZ product or feature. Please note this is not a complete list.

Note: Affiliate content doesn't violate BeamZ’s Terms of Use. However, massively posting affiliate content in dedicated accounts may violate our policies around spam. You can learn more about what's allowed in our Spam, deceptive practices & scams policies.

Nudity and sexual content policies

Explicit content meant to be sexually gratifying is not allowed on BeamZ. Posting pornography may result in content removal or channel termination. Videos containing fetish content will be removed or age-restricted. In most cases, violent, graphic, or humiliating fetishes are not allowed on BeamZ.

Sexually explicit content featuring minors and content that sexually exploits minors is not allowed on BeamZ. We report content containing child sexual abuse imagery to the National Center for Missing and Exploited Children, who work with global law enforcement agencies.

What this means for you

If you're posting content

Don’t post content on BeamZ if it has any of the items below. Explicit content featuring the below policy violations could result in channel termination.

Depiction of genitals, breasts, or buttocks (clothed or unclothed) for the purpose of sexual gratification
Pornography depicting sexual acts, genitals, or fetishes for the purpose of sexual gratification

Age-restricted content

Please note this is not a complete list.

This policy applies to videos, video descriptions, comments, live streams, and any other BeamZ product or feature.

Spam, deceptive practices & scams policies

BeamZ doesn’t allow spam, scams, or other deceptive practices that take advantage of the BeamZ community. We also don’t allow content where the main purpose is to trick others into leaving BeamZ for another site.

What these policies mean for you

If you're posting content

Don’t post content on BeamZ if it fits any of the descriptions noted below.

Video Spam: Content that is excessively posted, repetitive, or untargeted and does one or more of the following:

Promises viewers they'll see something but instead directs them off site.
Gets clicks, views, or traffic off BeamZ by promising viewers that they’ll make money fast.
Sends audiences to sites that spread malware, try to gather personal information, or other sites that have a negative impact.

Misleading Metadata or Thumbnails: Using the title, thumbnails, description, or tags to trick users into believing the content is something it is not.
Manipulated Media: Content that has been technically manipulated or doctored in a way that misleads users (beyond clips taken out of context) and may pose a serious risk of egregious harm.
Scams: Content offering cash gifts, “get rich quick” schemes, or pyramid schemes (sending money without a tangible product in a pyramid structure).
Voter Suppression: Content aiming to mislead voters about the time, place, means or eligibility requirements for voting, or false claims that could materially discourage voting.
Suppression of Census Participation: Content aiming to mislead participants about the time, means or eligibility requirements for participating in a census.
Candidate Eligibility: Content that advances false claims related to the technical eligibility requirements for current political candidates and sitting elected government officials to serve in office. Eligibility requirements considered are based on applicable national law, and include age, citizenship, or vital status.
Incitement to interfere with democratic processes: content encouraging others to interfere with democratic processes, such as obstructing or interrupting voting procedures.
Distribution of hacked materials: content that contains hacked information, the disclosure of which may interfere with democratic processes, such as elections and censuses.
Incentivization Spam: Content that sells engagement metrics such as views, likes, comments, or any other metric on BeamZ. This also includes content where the only purpose is to boost subscribers, views, or other metrics (e.g. offering to subscribe to another creator’s channel solely in exchange for them subscribing to your channel, also known as "Sub4Sub" content).
Comments Spam: Comments where the sole purpose is to gather personal information from viewers, misleadingly drive viewers off BeamZ, or perform any of the prohibited behaviors noted above.
Repetitive comments: Leaving large amounts of identical, untargeted or repetitive comments.
Live Stream Abuse: Live streams intended to stream content that belongs to somebody else and are not corrected following repeated warnings of possible abuse. Live streams should be actively monitored by the channel owner, and any potential issues should be corrected in a timely manner.

This policy applies to videos, video descriptions, comments, live streams, and any other BeamZ product or feature. Keep in mind that this isn't a complete list.

Note: You're allowed to encourage viewers to subscribe, hit the like button, share, or leave a comment.

Suicide & self-injury

At BeamZ, we take the health and well-being of all our creators and viewers seriously. Awareness and understanding of mental health is important and we support creators sharing their stories, such as posting content discussing their experiences with depression, self-harm, or other mental health issues.

We do not, however, allow content on BeamZ that promotes suicide, self-harm, or is intended to shock or disgust users.

What to do if you find this content

If you come across content in which someone expresses suicidal thoughts or is engaging in self-harm, please contact local emergency services immediately for help and flag the video to bring it to our immediate attention.

What to do if you need support

If you are depressed, having thoughts of suicide, or self-harming, know there is help and you’re not alone. Many people turn to suicidal thinking and self-harm as ways to cope with painful emotions. Talking to a specialist can help you identify healthy, effective coping strategies and develop skills to manage difficult feelings.

Below is a list of suicide prevention organizations dedicated to helping those in need in different countries and regions. The websites www.befrienders.org and suicide.org also have extensive lists of organizations.

Australia	Lifeline Australia Kids Helpline	13 11 14 1800 55 1800
Argentina	Centro de Asistencia al Suicida - Buenos Aires	135 (desde Capital y Gran Buenos Aires) (011) 5275-1135 (desde todo el país)
Brazil	Centro de Valorização da Vida	188
Belgium	Centre de Prévention du Suicide / Zelfmoordlijn 1813C	0800 32 123 1813
Bulgaria	Български Червен Кръст	02 492 30 30
Czech Republic	Psychiatrická léčebna Bohnice - Centrum krizové intervence	+420 284 016 666
Denmark	Livslinien	70201201
France	S.O.S Amitié	09 72 39 40 50
Finland	Suomen Mielenterveysseura / Kansallinen kriisipuhelin	09-2525-0111
Germany	Telefonseelsorge	0800-1110111
Greece	ΚΛΙΜΑΚΑ	1018 801 801 99 99
Hong Kong	香港撒瑪利亞防止自殺會	2389 2222
Hungary	S.O.S. Telefonos Lelki Elsősegély Szolgálat	06 1 116-123
India	आसरा AASRA	91-9820466726
Ireland	Samaritans	116 123
Israel	ער"ן - עזרה ראשונה נפשית	1201
Italy	Samaritans Onlus	800 86 00 22
Japan	こころの健康相談統一ダイヤル	0570-064-556
New Zealand	Lifeline New Zealand	0800 543 354
Netherlands	Stichting 113Online	0900-0113
Singapore	Samaritans of Singapore	1800-221-4444
Spain	Telèfon de l'Esperança de Barcelona Teléfono de la Esperanza	93 414 48 48 717 003 717
South Korea	한국자살예방협회	1393
Taiwan	生命線協談專線	1995
Thailand	กรมสุขภาพจิต กระทรวงสาธารณสุข	1323
United Kingdom	Samaritans	116 123
United States of America	National Suicide Prevention Lifeline Crisis Text Line	1-800-273-8255 Text HOME to 741-741

If you are looking for educational resources about self-harm, visit the following websites:

Visit www.selfinjury.com: S.A.F.E Alternatives is a network and educational resource base committed to helping end self-harming behavior.
Visit www.sioutreach.org: SiOS is an outreach initiative providing information and resources about self-harm to those who self-harm, those who have recovered, and those who want to help.

Guidelines for posting mental health-related content

BeamZ users should not be afraid to speak openly about the topics of mental health or self-harm. However please don’t post content on BeamZ if it fits any of the descriptions noted below:

Promoting or glorifying suicide
Providing instructions on how to self-harm or die by suicide
Graphic images of self-harm posted to shock or disgust viewers

This Community Guidelines policy applies to videos, video descriptions, comments, live streams, and any other BeamZ product or feature. Please note this is not a complete list.

Harassment and cyberbullying policy

Content that threatens individuals is not allowed on BeamZ. We also do not allow content that targets an individual with prolonged or malicious insults based on intrinsic attributes, including their protected group status or physical traits.

If you find content that violates this policy, please report it. Instructions for reporting violations of our Community Guidelines are available here. If you've found multiple videos or comments that you would like to report, you can report the channel. For tips and best practices to stay safe, keep your account secure, and protect your privacy, check out this Help Center article.

If specific threats are made against you and you feel unsafe, report it directly to your local law enforcement agency.

What this means for you

If you're posting content

Don’t post content on BeamZ if it fits any of the descriptions noted below.

Content that features prolonged name calling or malicious insults (such as racial slurs) based on their intrinsic attributes. These attributes include their protected group status, physical attributes, or their status as a survivor of sexual assault, domestic abuse, child abuse etc.
Content uploaded with the intent to shame, deceive or insult a minor. A minor is defined as a person under the legal age of majority. This usually means anyone younger than 18 years old, but the age of a minor might vary by country.

Exceptions

We may allow content that includes harassment if the primary purpose is educational, documentary, scientific, or artistic in nature. This is not a free pass to harass someone. Some examples include:

Debates related to high-profile officials or leaders: Content featuring debates or discussions of topical issues concerning people who have positions of power, like high-profile government officials or CEOs of major multinational corporations.
Scripted performances: Insults made in the context of an artistic medium such as scripted satire, stand up comedy, or music (e.g. a diss track). Note: This is not a free pass to harass someone and claim “I was joking.”
Harassment education or awareness: Content that features actual or simulated harassment for documentary purposes or with willing participants (e.g. actors) to combat cyberbullying or raise awareness.

Note: We take a harder line on content that maliciously insults someone based on their protected group status, regardless of whether or not they are a high-profile person.

Monetization and other penalties

In some rare cases, we may remove content or issue other penalties when a creator:

Repeatedly encourages abusive audience behavior.
Repeatedly targets, insults and abuses an identifiable individual based on their intrinsic attributes across multiple uploads.
Exposes an individual to risks of physical harm based on the local social or political context.
Creates content that harms the BeamZ ecosystem by persistently inciting hostility between creators for personal financial gain.

Policies on content featuring firearms

Content intended to sell firearms, instruct viewers on how to make firearms, ammunition, and certain accessories, or instruct viewers on how to install those accessories is not allowed on BeamZ. BeamZ shouldn't be used as a platform to sell firearms or accessories noted below. BeamZ also doesn’t allow live streams that show someone holding, handling, or transporting a firearm.

What this means for you

If you're posting content

Don’t post content on BeamZ if the purpose is to do one or more of the following:

Sell firearms or certain firearms accessories through direct sales (e.g. private sales by individuals) or links to sites that sell these items. These accessories may include:

Accessories that enable a firearm to simulate automatic fire,
Accessories that convert a firearm to automatic fire, such as: bump stocks, gatling triggers, drop-in auto sears, or conversion kits,
High capacity magazines or belts carrying more than 30 rounds.

Provide instructions on manufacturing any of the following:

Firearms,
Ammunition,
High capacity magazines,
Homemade silencers/suppressors,
Accessories that enable a firearm to simulate automatic fire,
Accessories that convert a firearm to automatic fire, such as: bump stocks, gatling triggers, drop-in auto sears, or conversion kits

Provide instructions on how to convert a firearm to automatic or simulated automatic firing capabilities.
Provides instructions on how to install the above-mentioned accessories or modifications.

Please note this is not a complete list.

Harmful or dangerous content policy

BeamZ doesn’t allow content that encourages dangerous or illegal activities that risk serious physical harm or death.

What this policy means for you

If you're posting content

Don’t post content on BeamZ if it fits any of the descriptions noted below.

Extremely dangerous challenges: Challenges that pose an imminent risk of physical injury.
Dangerous or threatening pranks: Pranks that lead victims to fear imminent serious physical danger, or that create serious emotional distress in minors.
Instructions to kill or harm: Showing viewers how to perform activities meant to kill or maim others. For example, giving instructions to build a bomb meant to injure or kill others.
Hard drug use or creation: Content that depicts abuse of or giving instructions on how to create hard drugs such as cocaine or opioids. Hard drugs are defined as drugs that can (mostly) lead to physical addiction.
Eating Disorders: Content that praises, glorifies, or encourages viewers to imitate anorexia or other eating disorders. Eating disorders are characterized by abnormal or disturbed eating habits which negatively affect a person's health (including eating non-food items).
Violent Events: Promoting or glorifying violent tragedies, such as school shootings.
Instructional theft or cheating: Showing viewers how to steal tangible goods or promoting dishonest behavior
Hacking: Demonstrating how to use computers or information technology with the intent to steal credentials, compromise personal data or cause serious harm to others such as (but not limited to) hacking into social media accounts
Bypassing payment for digital content or services: Showing viewers how to use apps, websites, or other information technology to gain unauthorized free access to audio content, audiovisual content, full video games, software, or streaming services that normally require payment.
Promoting dangerous remedies or cures: Content which claims that harmful substances or treatments can have health benefits.

Keep in mind that this isn't a complete list.

Don’t post content showing a minor participating in dangerous activity, or encouraging minors to participate in dangerous activities. Never put minors in harmful situations that may lead to injury, including dangerous stunts, dares, or pranks. You can learn more about Child Safety here.

Age-restricted content

We might allow videos that depict dangerous acts iIf they’re meant to be educational, documentary, scientific, or artistic (EDSA). For example, a news piece on the dangers of choking games would be appropriate, but posting clips out of context from the same documentary might not be.

This policy applies to videos, video descriptions, comments, live streams, and any other BeamZ product or feature.

Examples

Here are some examples of content that’s not allowed on BeamZ.

Extremely dangerous challenges

Dangerous or threatening pranks

Violent events or instructions to harm

Drug use

Eating disorders

Harmful remedies & cures

Remember these are just some examples, and don't post content if you think it might violate this policy.

Sale of Illegal or Regulated Goods or services

Content intended to sell certain regulated goods and services is not allowed on BeamZ.

What this policy means for you

If you're posting content

Don't post content on BeamZ if it aims to directly sell, link to, or facilitate access to any of the regulated goods and services listed below. Making the sale of these items or facilitating the use of these services possible by posting links, email, phone number or other means to contact a seller directly is not allowed.

Alcohol
Bank account passwords, stolen credit cards, or other financial information
Counterfeit documents or currency
Controlled narcotics and other drugs
Explosives
Organs
Endangered species or parts of endangered species
Firearms and certain firearms accessories
Nicotine, including vaping products
Online gambling sites not yet reviewed by BeamZ or BeamZ
Pharmaceuticals without a prescription
Sex or escort services
Unlicensed medical services
Human smuggling

This policy applies to videos, video descriptions, comments, live streams, and any other BeamZ product or feature. Please note this is not a complete list.

Hate speech policy

Hate speech is not allowed on BeamZ. We remove content promoting violence or hatred against individuals or groups based on any of the following attributes:

Age
Caste
Disability
Ethnicity
Gender Identity and Expression
Nationality
Race
Immigration Status
Religion
Sex/Gender
Sexual Orientation
Victims of a major violent event and their kin
Veteran Status

What this policy means for you

If you're posting content

Don’t post content on BeamZ if the purpose of that content is to do one or more of the following.

Encourage violence against individuals or groups based on any of the attributes noted above. We don’t allow threats on BeamZ, and we treat implied calls for violence as real threats. You can learn more about our policies on threats and harassment.
Incite hatred against individuals or groups based on any of the attributes noted above.

Educational content

Monetization and other penalties

In some rare cases, we may remove content or issue other penalties when a creator:

Repeatedly encourages abusive audience behavior.
Repeatedly targets, insults and abuses a group based on the attributes noted above across multiple uploads.
Exposes a group with attributes noted above to risks of physical harm based on the local social or political context.
Creates content that harms the BeamZ ecosystem by persistently inciting hostility against a group with attributes noted above for personal financial gain.

If we think your content comes close to hate speech, we may limit BeamZ features available for that content.

Violent Criminal Organizations

Content intended to praise, promote, or aid violent criminal organizations is not allowed on BeamZ. These organizations are not allowed to use BeamZ for any purpose, including recruitment.

If you believe anyone is in immediate danger, you should reach out to your local law enforcement agency to report the situation immediately.

What this means for you

If you're posting content

Don’t post content on BeamZ if it fits any of the descriptions noted below.

Content produced by violent criminal or terrorist organizations
Content praising or memorializing prominent terrorist or criminal figures in order to encourage others to carry out acts of violence
Content praising or justifying violent acts carried out by violent criminal or terrorist organizations
Content aimed at recruiting new members to violent criminal or terrorist organizations
Content depicting hostages or posted with the intent to solicit, threaten, or intimidate on behalf of a violent criminal or terrorist organization
Content that depicts the insignia, logos, or symbols of violent criminal or terrorist organizations in order to praise or promote them

If posting content related to terrorism or crime for an educational, documentary, scientific, or artistic purpose, be mindful to provide enough information in the video or audio itself so viewers understand the context. Graphic or controversial footage with sufficient context may be subject to age-restrictions or a warning screen.

This policy applies to videos, video descriptions, comments, live streams, and any other BeamZ product or feature. Please note this is not a complete list.

Violent or graphic content policies

Violent or gory content intended to shock or disgust viewers, or content encouraging others to commit violent acts are not allowed on BeamZ.

If you believe anyone is in imminent danger, you should reach out to your local law enforcement agency to report the situation immediately.

What this means for you

If you're posting content

Don’t post content on BeamZ if it fits any of the descriptions noted below.

Inciting others to commit violent acts against individuals or a defined group of people
Fights involving minors
Footage, audio, or imagery involving road accidents, natural disasters, war aftermath, terrorist attack aftermath, street fights, physical attacks, sexual assaults, immolation, torture, corpses, protests or riots, robberies, medical procedures, or other such scenarios with the intent to shock or disgust viewers
Footage or imagery showing bodily fluids, such as blood or vomit, with the intent to shock or disgust viewers.
Content where there is infliction of unnecessary suffering or harm deliberately causing an animal distress.
Content where animals are encouraged or coerced to fight by humans
Dramatized or fictional footage of anything listed above where the viewer is not provided with enough context to determine that the footage is dramatized or fictional
Footage of corpses with massive injuries, such as severed limbs

Please note this is not a complete list.

Age-restricted content

This policy applies to videos, video descriptions, comments, live streams, and any other BeamZ product or feature.

Animal abuse

Additional policies

Inactive accounts policy

In general, users are expected to be active members within the BeamZ community. If an account is found to be overly inactive, the account may be reclaimed by BeamZ without notice. Inactivity may be considered as:

Not logging into the site for at least six months
Not actively partaking in watching or commenting on videos or channels

Encouraging Terms of Service violations

If you post content that encourages other users to violate our Terms of Service, the content may be removed, your account may be penalized, and in some cases your account may be terminated.

Age requirements on BeamZ products

We may ask you to confirm your age if we think that you are not old enough to use BeamZ. You can learn more about this process here.

Trademark

A trademark is a word, symbol, or combination that identifies the source of a product and distinguishes it from other products. A trademark is acquired by a company or other entity through a legal process. Once it’s acquired, it gives the owner exclusive rights to the trademark use concerning those goods.

Trademark infringement is improper or unauthorized use of a trademark in a way that is likely to cause confusion as to the source of that product. BeamZ policies prohibit content that infringe trademarks. If your content uses someone else’s trademarks in a way that might cause confusion, your shows can be blocked. Your channel may also be suspended.

If you think your trademark is being infringed, keep in mind that BeamZ doesn’t mediate trademark disputes between creators and trademark owners. As a result, we strongly encourage trademark owners to speak directly with the creator who posted the content in question. Contacting the uploader may fix the problem faster in a way that benefits everyone. Some creators list ways they can be contacted in their channel.

If you can't reach a resolution with the account holder in question, submit a trademark complaint through our Trademark complaint form.

Submit a trademark complaint

BeamZ is willing to perform a limited review of reasonable complaints and will remove content in clear cases of infringement. To help solve disputes, BeamZ forwards each trademark complaint to the uploader before taking any action. This lets the uploader address any potential Trademark issues.

We'll also accept free-form trademark complaints submitted by email, fax, and mail.

If your complaint relates to the sale or promotion of counterfeit goods, please file a Counterfeit complaint.

If your complaint relates to a protected work, such as a song, movie, or book, please file a Copyright complaint.

Counterfeit

BeamZ prohibits the sale or promotion for sale of counterfeit goods in its products, including BeamZ. Counterfeit goods contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another. They mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner.

Channels that promote or sell counterfeit goods may be terminated.

If you believe a video or channel is selling or promoting counterfeit goods, you may file a Counterfeit complaint through our online form.

Submit a counterfeit complaint

We must receive your complaint in this format to investigate. Our team will investigate your complaint and remove the content if it violates BeamZ counterfeit policy.

We'll also accept free-form counterfeit complaints, submitted by email, fax, and mail.

Keep in mind that abuse of our legal forms may result in termination of your BeamZ account.

Defamation

Defamation laws vary from country to country but usually concern content that damages the reputation of another person or business. Although the definition of defamation varies around the world, in general, defamation is any untrue statement that is harmful to someone's reputation or causes someone to be shunned or avoided.

We take into account local legal considerations in our defamation blocking process, and in some cases, we require a court order. For us to be able to process a defamation blocking request, the claim needs to be specific and strongly supported. For example, it needs to explain why you believe the statements are untrue and how it damages your reputation.

In some cases, uploaders willingly remove harmful content. Because obtaining a court order can be costly and time-consuming, we encourage users to contact the uploaders of the content in question directly.

If you are unable to reach the uploader, consider whether the video meets the standards for removal under our privacy or harassment policy.

If you've attempted to contact the uploader, and you believe a defamation claim is more appropriate than a privacy or harassment complaint, please select your country of dispute from the drop down below and follow the directions.

Because we are not in a position to adjudicate the truthfulness of postings, we do not remove video postings due to allegations of defamation. Consistent with Section 230(c) of the Communications Decency Act, we recommend that you pursue any claims you may have directly against the person who posted the content. If you choose to pursue legal action against the content creator, note that we may be prepared to comply with any order requiring the content creator to remove the posting in question.

If there is a court order that involves content posted to www.BeamZ.live you may forward this via mail to the following address: BeamZ, Inc., Attn Legal Support, 2995 Woodside Road #400-551, Woodside, CA 94062

Alternatively, you may wish to contact the uploader.

Other Legal Issues

Legal Complaints and Court Orders

If you feel that certain content on the site violates your rights or applicable laws, you may submit a legal complaint under our trademark, defamation, counterfeit, or other legal complaint flows. If you have a court order against an uploader, you may attach a copy of the court order in response to the autoreply you get after you file the appropriate legal complaint. Each court order is examined and evaluated on a set of regional and global criteria.

Keep in mind that you also have other resources to bring content to our attention. For example, if you feel the content does not comply with our community guidelines, please flag it. Also, consider whether the video meets the standards for removal under our privacy or harassment policy before filing a legal complaint.

Circumvention of Technological Measures

When we say circumvention of technological measures, we’re referring to tools that allow users to evade a software’s licensing protocol. This can mean serial numbers, keygens, passwords, and other methods to hack software or games.

What is the difference between CTM and copyright?

CTM is a tool that will give users the means to access software. Copyright is concerned with the depiction of the software or the means to acquire it. If the software’s interface is in the video, or there's a download link to the software in the video or video description, you may wish to file a copyright takedown notice.

A CTM claim is appropriate when the infringed material isn’t present in the video (or directly linked to), but the video offers a way for users to access it illegitimately.

If you believe you have a valid CTM claim, please fill out our webform.

Submit a Circumvention of Technological Measures complaint

Captioning

If you've gotten a notice informing you that your video is in violation of the Communications and Video Accessibility Act, you may have uploaded content that was originally shown on TV with captions. The Communications and Video Accessibility Act (CVAA) requires that all pre-recorded video programming that is captioned on TV is also captioned on the internet. If you believe you're exempt from the CVAA requirement, you may select a certification for your content.

If you believe a video is required by the CVAA to contain captions, but the uploader has not made captions available, please submit a request via webform.

Other legal complaint

BeamZ will only consider legal complaints when notified by the party in question or their authorized legal representative.

If a video contains your personal information without consent, including your image, name, or national identification number, please contact us privacyabuse@Beamz.live .

BeamZ Data Processing Terms

Effective as of october 1, 2020 (view previous version)

These BeamZ Data Processing Terms (including the appendices, “Data Processing Terms”) will apply to the processing of Customer Personal Data. These terms serve as an addendum to the agreement between you (“Customer”) and BeamZ regarding your use of the BeamZ service (“Agreement”). Such Agreement may include the BeamZ Terms of Service or a content license agreement, as applicable to Customer. Please take the time to read these Data Processing Terms carefully.

1. Introduction

These Data Processing Terms reflect the parties’ agreement on the terms governing the processing and security of Customer Personal Data in connection with the Data Protection Legislation.

2. Definitions and Interpretation

2.1 In these Data Processing Terms:

“Affiliate,” if not already defined in the Agreement, means an entity that directly or indirectly controls, is controlled by, or is under common control with, a party.

“Customer Personal Data” means audio and audiovisual content that is uploaded by Customer to BeamZ under the terms of the Agreement and processed by BeamZ on behalf of Customer in BeamZ’s provision of the Processor Services.

“Data Incident” means a breach of BeamZ’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Customer Personal Data on systems managed by or otherwise controlled by BeamZ. “Data Incidents” will not include unsuccessful attempts or activities that do not compromise the security of Customer Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.

“Data Protection Legislation” means, as applicable: (a) the GDPR; and/or (b) the Federal Data Protection Act of 19 June 1992 (Switzerland).

“Data Subject Tool” means a tool (if any) made available by BeamZ to data subjects that enables Beam Zto respond directly and in a standardised manner to certain requests from data subjects in relation to Customer Personal Data (for example, online advertising settings or an opt-out browser plugin).

“EEA” means the European Economic Area.

“EU GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

“BeamZ” means the Charing Cross Corporation or BeamZ Entity that is party to your Agreement.

“European or National Laws” means, as applicable: (a) EU or EU Member State law (if the EU GDPR applies to the processing of Customer Personal Data); and/or (b) the law of the UK or a part of the UK (if the UK GDPR applies to the processing of Customer Personal Data).

“GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.

“BeamZ Affiliate Subprocessors” has the meaning given in Section 11.1 (Consent to Subprocessor Engagement).

“BeamZ Entity” means Charing Cross Corporation or any Affiliate of Charing Cross Corporation.

“ISO 27001 Certification” means ISO/IEC 27001:2013 certification or a comparable certification for the Processor Services.

“Notification Email Address” means the email address (if any) designated by Customer, via the user interface of the Processor Services or such other means provided by BeamZ, to receive certain notifications from BeamZ relating to these Data Processing Terms.

“Privacy Shield” means the EU-U.S. Privacy Shield legal framework, the Swiss-U.S. Privacy Shield legal framework, and any equivalent legal framework that may apply between the UK and the United States.

“Processor Services” means the processing of Customer Personal Data in accordance with these Data Processing Terms.

“Security Documentation” means the certificate issued for the ISO 27001 Certification, if any, and any other security certifications or documentation that BeamZ may make available in respect of the Processor Services.

“Security Measures” has the meaning given in Section 7.1.1 (BeamZ Security Measures).

“Subprocessors” means third parties authorised under these Data Processing Terms to have logical access to and process Customer Personal Data in order to provide parts of the Processor Services and any related technical support.

“Supervisory Authority” means, as applicable: (a) a “supervisory authority” as defined in the EU GDPR; and/or (b) the “Commissioner” as defined in the UK GDPR.

“Third Party Subprocessors” has the meaning given in Section 11.1 (Consent to Subprocessor Engagement).

“UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force

2.2 The terms “controller”, “data subject”, “personal data”, “processing” and “processor” as used in these Data Processing Terms have the meanings given in the GDPR.

2.3 Any reference to a legal framework, statute or other legislative enactment is a reference to it as amended or re-enacted from time to time.

3. Duration of these Data Processing Terms

The term (“Term”) of these Data Processing Terms, and BeamZ’s provision of the Processor Services, will begin on October 1, 2020 (or the date of the Agreement if after October 1, 2020) (“Terms Effective Date”) and will continue until deletion of all Customer Personal Data by BeamZ as described in these Data Processing Terms.

4. Application of these Data Processing Terms

Application of Data Protection Legislation. These Data Processing Terms will only apply to the extent that the Data Protection Legislation applies to the processing of Customer Personal Data, including if:

(a) the processing is in the context of the activities of an establishment of Customer in the EEA or the UK; and/or

(b) Customer Personal Data is personal data relating to data subjects who are in the EEA or the UK and the processing relates to the offering to them of goods or services or the monitoring of their behaviour in the EEA or the UK.

5. Processing of Data

5.1 Roles and Regulatory Compliance; Authorisation.

5.1.1 Processor and Controller Responsibilities.

(a) These Data Processing Terms describe the subject matter and details of the processing of Customer Personal Data;

(b) BeamZ is a processor of Customer Personal Data under the Data Protection Legislation;

(c) Customer is a controller or processor, as applicable, of Customer Personal Data under the Data Protection Legislation; and

(d) each party will comply with the obligations applicable to it under the Data Protection Legislation with respect to the processing of Customer Personal Data.

5.1.2 Authorisation by Third Party Controller. If Customer is a processor, Customer warrants to BeamZ that Customer’s instructions and actions with respect to Customer Personal Data, including its appointment of BeamZ as another processor, have been authorised by the relevant controller.

5.2 Customer’s Instructions. Customer instructs BeamZ to process Customer Personal Data only in accordance with applicable law and these Data Processing Terms: (a) to provide the Processor Services and any related technical support; (b) as further specified via Customer’s use of the Processor Services (including in the settings and other functionality of the Processor Services) and any related technical support; and (c) as documented in the form of the Agreement, including these Data Processing Terms.

5.3 BeamZ’s Compliance with Instructions. BeamZ will comply with the instructions described in Section 5.2 (Customer’s Instructions) (including with regard to data transfers) unless European or National Laws to which BeamZ is subject requires other processing of Customer Personal Data by BeamZ, in which case BeamZ will inform Customer (unless any such law prohibits BeamZ from doing so on important grounds of public interest).

6. Data Deletion

6.1 Deletion During Term.

6.1.1 Processor Services With Deletion Functionality. During the Term, if:

(a) the functionality of the Processor Services includes the option for Customer to delete Customer Personal Data;

(b) Customer uses the Processor Services to delete certain Customer Personal Data; and

then BeamZ will delete such Customer Personal Data from its systems as soon as reasonably practicable, unless European or National Laws require storage.

6.1.2 Processor Services Without Deletion Functionality. During the Term, if the functionality of the Processor Services does not include the option for Customer to delete Customer Personal Data, then BeamZ will comply with any reasonable request from Customer to facilitate such deletion, insofar as this is possible taking into account the nature and functionality of the Processor Services and unless European or National Laws require storage. BeamZ may charge a fee (based on BeamZ’s reasonable costs) for any data deletion under this Section 6.1.2 (Processor Services Without Deletion Functionality). BeamZ will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such data deletion.

6.2 Deletion on Agreement Expiry. On expiry or termination of the Agreement, Customer instructs BeamZ to delete all Customer Personal Data (including existing copies) from BeamZ’s systems in accordance with applicable law. BeamZ will comply with this instruction as soon as reasonably practicable unless: (i) European or National Laws require storage; or (ii) the Agreement is superseded by a new agreement or terms between Customer and BeamZ regarding Customer's use of the BeamZ service and Customer confirms that the Customer Personal Data (including existing copies already uploaded to the BeamZ Service) should continue to be processed in accordance with these Data Processing Terms.

7. Data Security

7.1 BeamZ’s Security Measures and Assistance.

7.1.1 BeamZ’s Security Measures. BeamZ will implement and maintain technical and organisational measures to protect Customer Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access as described in Appendix 2 (the “Security Measures”). BeamZ may update or modify the Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Processor Services.

7.1.2 Security Compliance by BeamZ Staff. BeamZ will ensure that all persons authorised to process Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

7.1.3 BeamZ’s Security Assistance. BeamZ will (taking into account the nature of the processing of Customer Personal Data and the information available to BeamZ) assist Customer in ensuring compliance with any obligations of Customer in respect of security of personal data and personal data breaches, including (if applicable) Customer’s obligations pursuant to Articles 32 to 34 (inclusive) of the GDPR, by:

(a) implementing and maintaining the Security Measures in accordance with Section 7.1.1 (BeamZ’s Security Measures);

(b) complying with the terms of Section 7.2 (Data Incidents); and

(c) providing Customer with the Security Documentation in accordance with Section 7.5.1 (Reviews of Security Documentation) and the information contained in these Data Processing Terms.

7.2 Data Incidents.

7.2.1 Incident Notification. If BeamZ becomes aware of a Data Incident, BeamZ will: (a) notify Customer of the Data Incident promptly and without undue delay; and (b) promptly take reasonable steps to minimise harm and secure Customer Personal Data.

7.2.2 Details of Data Incident. Notifications made under Section 7.2.1 (Incident Notification) will describe, to the extent possible, details of the Data Incident, including steps taken to mitigate the potential risks and steps BeamZ recommends Customer take to address the Data Incident.

7.2.3 Delivery of Notification. BeamZ will deliver its notification of any Data Incident to the Notification Email Address or by other direct communication (for example, by phone call or an in-person meeting). Customer will take all reasonable steps to provide the Notification Email Address and ensure that the Notification Email Address is current and valid.

7.2.4 Third Party Notifications. Customer is solely responsible for complying with incident notification laws applicable to Customer and fulfilling any third party notification obligations related to any Data Incident.

7.2.5 No Acknowledgement of Fault by BeamZ. BeamZ’s notification of or response to a Data Incident under this Section 7.2 (Data Incidents) will not be construed as an acknowledgement by BeamZ of any fault or liability with respect to the Data Incident.

7.3 Customer’s Security Responsibilities and Assessment.

7.3.1 Customer’s Security Responsibilities. Without prejudice to BeamZ’s obligations under Sections 7.1 (BeamZ’s Security Measures and Assistance) and 7.2 (Data Incidents):

(a) Customer is solely responsible for its use of the Processor Services, including:

(i) making appropriate use of the Processor Services to ensure a level of security appropriate to the risk in respect of Customer Personal Data; and

(ii) securing the account authentication credentials, systems, and devices Customer uses to access the Processor Services; and

(b) BeamZ has no obligation to protect Customer Personal Data that Customer elects to store or transfer outside of BeamZ’s and its Subprocessors’ systems.

7.3.2 Customer’s Security Assessment. Customer acknowledges and agrees that (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of Customer Personal Data as well as the risks to individuals) the Security Measures implemented and maintained by BeamZ as set out in Section 7.1.1 (BeamZ’s Security Measures) provide a level of security appropriate to the risk in respect of Customer Personal Data.

7.4 Security Certification. To evaluate and help ensure the continued effectiveness of the Security Measures, from time to time, BeamZ may obtain the ISO 27001 Certification.

7.5 Reviews and Audits of Compliance.

7.5.1 Reviews of Security Documentation. To demonstrate compliance by BeamZ with its obligations under these Data Processing Terms, BeamZ will make the Security Documentation available for review by Customer.

7.5.2 Customer’s Audit Rights.

(a) BeamZ will allow Customer or a third party auditor appointed by Customer to conduct audits (including inspections) to verify BeamZ’s compliance with its obligations under these Data Processing Terms in accordance with Section 7.5.3 (Additional Business Terms for Audits). BeamZ will contribute to such audits as described in Section 7.4 (Security Certification) and this Section 7.5 (Reviews and Audits of Compliance).

(b) Customer may also conduct an audit to verify BeamZ’s compliance with its obligations under these Data Processing Terms by reviewing the certificate issued for the ISO 27001 Certification (which reflects the outcome of an audit conducted by a third party auditor), if such certification is available at the time of Customer’s request.

7.5.3 Additional Business Terms for Audits.

(a) Customer will send any request for an audit under Section 7.5.2(a) to BeamZ as described in Section 12.1 (Contacting BeamZ).

(b) Following receipt by BeamZ of a request under Section 7.5.3(a), BeamZ and Customer will discuss and agree in advance on the reasonable start date, scope and duration of, and security and confidentiality controls applicable to, any audit under Section 7.5.2(a).

(c) BeamZ may charge a fee (based on BeamZ’s reasonable costs) for any audit under Section 7.5.2(a). BeamZ will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such audit. Customer will be responsible for any fees charged by any third party auditor appointed by Customer to execute any such audit.

(d) BeamZ may object to any third party auditor appointed by Customer to conduct any audit under Section 7.5.2(a) if the auditor is, in BeamZ’s reasonable opinion, not suitably qualified or independent, a competitor of BeamZ or otherwise manifestly unsuitable. Any such objection by BeamZ will require Customer to appoint another auditor or conduct the audit itself.

(e) Nothing in these Data Processing Terms will require BeamZ either to disclose to Customer or its third party auditor, or to allow Customer or its third party auditor to access:

(i) any data of any other customer of a BeamZ entity;

(ii) any BeamZ entity’s internal accounting or financial information;

(iii) any trade secret of a BeamZ entity;

(iv) any information that, in BeamZ's reasonable opinion, could: (A) compromise the security of any BeamZ entity’s systems or premises; or (B) cause any BeamZ entity to breach its obligations under the Data Protection Legislation or its security and/or privacy obligations to Customer or any third party; or

(v) any information that Customer or its third party auditor seeks to access for any reason other than the good faith fulfilment of Customer’s obligations under the Data Protection Legislation.

8. Impact Assessments and Consultations

BeamZ will (taking into account the nature of the processing and the information available to BeamZ) assist Customer in ensuring compliance with any obligations of Customer in respect of data protection impact assessments and prior consultation, including (if applicable) Customer’s obligations pursuant to Articles 35 and 36 of the GDPR, by:

(a) providing the Security Documentation in accordance with Section 7.5.1 (Reviews of Security Documentation);

(b) providing the information contained in these Data Processing Terms; and

(c) providing or otherwise making available, in accordance with BeamZ’s standard practices, other materials concerning the nature of the Processor Services and the processing of Customer Personal Data (for example, help centre materials).

9. Data Subject Rights

9.1 Responses to Data Subject Requests. If BeamZ receives a request from a data subject in relation to Customer Personal Data, BeamZ will:

(a) if the request is made via a Data Subject Tool, respond directly to the data subject’s request in accordance with the standard functionality of that Data Subject Tool; or

(b) if the request is not made via a Data Subject Tool, advise the data subject to submit his/her request to Customer, and Customer will be responsible for responding to such request.

9.2 BeamZ’s Data Subject Request Assistance. BeamZ will (taking into account the nature of the processing of Customer Personal Data and, if applicable, Article 11 of the GDPR) assist Customer in fulfilling any obligation of Customer to respond to requests by data subjects, including (if applicable) Customer’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR, by:

(a) providing the functionality of the Processor Services;

(b) complying with the commitments set out in Section 9.1 (Responses to Data Subject Requests); and

10. Data Transfers

10.1 Data Storage and Processing Facilities. BeamZ may, subject to Section 10.2 (Transfers of Data), store and process Customer Personal Data in the United States of America and any other country in which BeamZ or any of its Subprocessors maintains facilities.

10.2 Transfers of Data. BeamZ will ensure that:

(a) the parent company of the BeamZ group, Charing Cross Corporation, remains self-certified under Privacy Shield; and

(b) the scope of Charing Cross Corporation’s Privacy Shield certification includes Customer Personal Data.

10.3 Data Centre Information. Information about the locations of BeamZ data centres is available at: www.BeamZ.live/about/datacenters/inside/locations/index.html.

11. Subprocessors

11.1 Consent to Subprocessor Engagement. Customer specifically authorises the engagement of BeamZ’s Affiliates as Subprocessors (“BeamZ affiliate Subprocessors”). In addition, Customer generally authorises the engagement of any other third parties as Subprocessors (“Third Party Subprocessors”).

11.2 Information about Subprocessors. Information about Subprocessors is available at privacy.BeamZ.live/businesses/subprocessors.

11.3 Requirements for Subprocessor Engagement. When engaging any Subprocessor, BeamZ will:

(a) ensure via a written contract that:

(i) the Subprocessor only accesses and uses Customer Personal Data to the extent required to perform the obligations subcontracted to it, and does so in accordance with the Agreement (including these Data Processing Terms) and Privacy Shield; and

(ii) if the GDPR applies to the processing of Customer Personal Data, the data protection obligations set out in Article 28(3) of the GDPR are imposed on the Subprocessor; and

(b) remain fully liable for all obligations subcontracted to, and all acts and omissions of, the Subprocessor.

12. Contacting BeamZ; Processing Records

12.1 Contacting BeamZ. Customer may contact BeamZ in relation to the exercise of its rights under these Data Processing Terms via the methods described at https://support.BeamZ.live/BeamZ/?p=data_processing_terms_troubleshooter or via such other means as may be provided by BeamZ from time to time.

12.2 BeamZ’s Processing Records. Customer acknowledges that BeamZ is required under the GDPR to: (a) collect and maintain records of certain information, including the name and contact details of each processor and/or controller on behalf of which BeamZ is acting and (if applicable) of such processor’s or controller's local representative and data protection officer; and (b) make such information available to any Supervisory Authority. Accordingly, Customer will, where requested and as applicable to Customer, provide such information to BeamZ via the user interface of the Processor Services or via such other means as may be provided by BeamZ, and will use such user interface or other means to ensure that all information provided is kept accurate and up-to-date.

13. Liability

Notwithstanding anything else in the Agreement, the total aggregate liability of either party towards the other party under or in connection with these Data Processing Terms will be limited to the maximum monetary or payment-based amount at which that party’s liability is capped under the Agreement (for clarity, any exclusion of confidentiality or indemnification claims from the Agreement’s limitation of liability will not apply to claims under the Agreement relating to the Data Protection Legislation). Nothing in this Section 13 (Liability) will exclude or limit either party’s liability for: (a) death or personal injury resulting from its negligence or the negligence of its employees or agents; (b) fraud or fraudulent misrepresentation; or (c) matters for which liability cannot be excluded or limited under applicable law.

14. Effect of these Data Processing Terms

If there is any conflict or inconsistency between the terms of these Data Processing Terms and the remainder of the Agreement, the terms of these Data Processing Terms will govern. Subject to the amendments in these Data Processing Terms, the Agreement remains in full force and effect.

15. Changes to these Data Processing Terms

15.1 Changes to Processor Services. BeamZ may only change the list of potential Processor Services:

(a) to reflect a change to the name of a service;

(b) to add a new service; or

(c) to remove a service where either: (i) all contracts for the provision of that service are terminated; or (ii) BeamZ has Customer’s consent.

15.2 Changes to Data Processing Terms. BeamZ may change these Data Processing Terms if the change:

(a) is expressly permitted by these Data Processing Terms, including as described in Section 15.1;

(b) reflects a change in the name or form of a legal entity;

(c) is required to comply with applicable law, applicable regulation, a court order or guidance issued by a governmental regulator or agency; or

(d) does not (i) result in a degradation of the overall security of the Processor Services; (ii) expand the scope of or remove any restrictions on BeamZ’s processing of Customer Personal Data, as described in Section 5.3 (BeamZ’s Compliance with Instructions); and (iii) otherwise have a material adverse impact on Customer’s rights under these Data Processing Terms, as reasonably determined by BeamZ.

Appendix 1: Subject Matter and Details of the Data Processing

Subject Matter

BeamZ’s provision of the Processor Services and any related technical support to Customer.

Duration of the Processing

The Term plus the period from expiry of the Term until deletion of all Customer Personal Data by BeamZ in accordance with these Data Processing Terms.

Nature and Purpose of the Processing

BeamZ will process (including, as applicable to the Processor Services and the instructions described in Section 5.2 (Customer’s Instructions), collecting, recording, organising, structuring, storing, altering, retrieving, using, disclosing, combining, erasing and destroying) Customer Personal Data for the purpose of providing the Processor Services and any related technical support to Customer in accordance with these Data Processing Terms.

Types of Personal Data

The types of personal data that constitute Customer Personal Data are audio and audiovisual content that are uploaded by Customer to BeamZ under the terms of the Agreement and processed by BeamZ on behalf of Customer in BeamZ’s provision of the Processor Services.

Appendix 2: Security Measures

As from the Terms Effective Date, BeamZ will implement and maintain the Security Measures set out in this Appendix 2. BeamZ may update or modify such Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Processor Services.

1. Data Centre & Network Security

(a) Data Centres.

Infrastructure. BeamZ maintains geographically distributed data centres. BeamZ stores all production data in physically secure data centres.

Redundancy. Infrastructure systems have been designed to eliminate single points of failure and minimise the impact of anticipated environmental risks. Dual circuits, switches, networks or other necessary devices help provide this redundancy. The Processor Services are designed to allow BeamZ to perform certain types of preventative and corrective mai^[b]ntenance without interruption. All environmental equipment and facilities have documented preventative maintenance procedures that detail the process for and frequency of performance in accordance with the manufacturer's or internal specifications. Preventative and corrective maintenance of the data centre equipment is scheduled through a standard process according to documented procedures.

Power. The data centre electrical power systems are designed to be redundant and maintainable without impact to continuous operations, 24 hours a day, and 7 days a week. In most cases, a primary as well as an alternate power source, each with equal capacity, is provided for critical infrastructure components in the data centre. Backup power is provided by various mechanisms such as uninterruptible power supply (UPS) batteries, which supply consistently reliable power protection during utility brownouts, blackouts, over voltage, under voltage, and out-of-tolerance frequency conditions. If utility power is interrupted, backup power is designed to provide transitory power to the data centre, at full capacity, for up to 10 minutes until the diesel generator systems take over. The diesel generators are capable of automatically starting up within seconds to provide enough emergency electrical power to run the data centre at full capacity typically for a period of days.

Server Operating Systems. BeamZ servers use hardened operating systems which are customised for the unique server needs of the business. Data is stored using proprietary algorithms to augment data security and redundancy. BeamZ employs a code review process to increase the security of the code used to provide the Processor Services and enhance the security products in production environments.

Businesses Continuity. BeamZ replicates data over multiple systems to help to protect against accidental destruction or loss. BeamZ has designed and regularly plans and tests its business continuity planning/disaster recovery programs.

(b) Networks & Transmission.

Data Transmission. Data centres are typically connected via high-speed private links to provide secure and fast data transfer between data centres. This is designed to prevent data from being read, copied, altered or removed without authorisation during electronic transfer or transport or while being recorded onto data storage media. BeamZ transfers data via Internet standard protocols.

External Attack Surface. BeamZ employs multiple layers of network devices and intrusion detection to protect its external attack surface. BeamZ considers potential attack vectors and incorporates appropriate purpose built technologies into external facing systems.

Intrusion Detection. Intrusion detection is intended to provide insight into ongoing attack activities and provide adequate information to respond to incidents. BeamZ’s intrusion detection involves:

1. Tightly controlling the size and make-up of BeamZ’s attack surface through preventative measures;

2. Employing intelligent detection controls at data entry points; and

3. Employing technologies that automatically remedy certain dangerous situations.

Incident Response. BeamZ monitors a variety of communication channels for security incidents, and BeamZ’s security personnel will react promptly to known incidents.

Encryption Technologies. BeamZ makes HTTPS encryption (also referred to as SSL or TLS connection) available. BeamZ servers support ephemeral elliptic curve Diffie Hellman cryptographic key exchange signed with RSA and ECDSA. These perfect forward secrecy (PFS) methods help protect traffic and minimise the impact of a compromised key, or a cryptographic breakthrough.

2. Access and Site Controls

(a) Site Controls.

On-site Data Centre Security Operation. BeamZ’s data centres maintain an on-site security operation responsible for all physical data centre security functions 24 hours a day, 7 days a week. The on-site security operation personnel monitor Closed Circuit TV (“CCTV”) cameras and all alarm systems. On-site security operation personnel perform internal and external patrols of the data centre regularly.

Data Centre Access Procedures. BeamZ maintains formal access procedures for allowing physical access to the data centres. The data centres are housed in facilities that require electronic card key access, with alarms that are linked to the on-site security operation. All entrants to the data centre are required to identify themselves as well as show proof of identity to on-site security operations. Only authorised employees, contractors and visitors are allowed entry to the data centres. Only authorised employees and contractors are permitted to request electronic card key access to these facilities. Data centre electronic card key access requests must be made in advance and in writing, and require the approval of the requestor’s manager and the data centre director. All other entrants requiring temporary data centre access must: (i) obtain approval in advance from the data centre managers for the specific data centre and internal areas they wish to visit; (ii) sign in at on-site security operations; and (iii) reference an approved data centre access record identifying the individual as approved.

On-site Data Centre Security Devices. BeamZ’s data centres employ an electronic card key and biometric access control system that is linked to a system alarm. The access control system monitors and records each individual’s electronic card key and when they access perimeter doors, shipping and receiving, and other critical areas. Unauthorised activity and failed access attempts are logged by the access control system and investigated, as appropriate. Authorised access throughout the business operations and data centres is restricted based on zones and the individual’s job responsibilities. The fire doors at the data centres are alarmed. CCTV cameras are in operation both inside and outside the data centres. The positioning of the cameras has been designed to cover strategic areas including, among others, the perimeter, doors to the data centre building, and shipping/receiving. On-site security operations personnel manage the CCTV monitoring, recording and control equipment. Secure cables throughout the data centres connect the CCTV equipment. Cameras record on-site via digital video recorders 24 hours a day, 7 days a week. The surveillance records are retained for at least 7 days based on activity.

(b) Access Control.

Infrastructure Security Personnel. BeamZ has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. BeamZ’s infrastructure security personnel are responsible for the ongoing monitoring of BeamZ’s security infrastructure, the review of the Processor Services, and responding to security incidents.

Access Control and Privilege Management. Customer's administrators and users must authenticate themselves via a central authentication system or via a single sign on system in order to use the Processor Services.

Internal Data Access Processes and Policies – Access Policy. BeamZ’s internal data access processes and policies are designed to prevent unauthorised persons and/or systems from gaining access to systems used to process personal data. BeamZ aims to design its systems to: (i) only allow authorised persons to access data they are authorised to access; and (ii) ensure that personal data cannot be read, copied, altered or removed without authorisation during processing, use and after recording. The systems are designed to detect any inappropriate access. BeamZ employs a centralised access management system to control personnel access to production servers, and only provides access to a limited number of authorised personnel. LDAP, Kerberos and a proprietary system utilising SSH certificates are designed to provide BeamZ with secure and flexible access mechanisms. These mechanisms are designed to grant only approved access rights to site hosts, logs, data and configuration information. BeamZ requires the use of unique user IDs, strong passwords, two factor authentication and carefully monitored access lists to minimise the potential for unauthorised account use. The granting or modification of access rights is based on: the authorised personnel’s job responsibilities; job duty requirements necessary to perform authorised tasks; and a need to know basis. The granting or modification of access rights must also be in accordance with BeamZ’s internal data access policies and training. Approvals are managed by workflow tools that maintain audit records of all changes. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g. login to workstations), password policies that follow at least industry standard practices are implemented. These standards include restrictions on password reuse and sufficient password strength.

3. Data

(a) Data Storage, Isolation & Authentication.

BeamZ stores data in a multi-tenant environment on BeamZ-owned servers. Data, the Processor Services database and file system architecture are replicated between multiple geographically dispersed data centres. BeamZ logically isolates each customer's data. A central authentication system is used across all Processor Services to increase uniform security of data.

(b) Decommissioned Disks and Disk Destruction Guidelines.

Certain disks containing data may experience performance issues, errors or hardware failure that lead them to be decommissioned (“Decommissioned Disk”). Every Decommissioned Disk is subject to a series of data destruction processes (the “Data Destruction Guidelines”) before leaving BeamZ’s premises either for reuse or destruction. Decommissioned Disks are erased in a multi-step process and verified complete by at least two independent validators. The erase results are logged by the Decommissioned Disk’s serial number for tracking. Finally, the erased Decommissioned Disk is released to inventory for reuse and redeployment. If, due to hardware failure, the Decommissioned Disk cannot be erased, it is securely stored until it can be destroyed. Each facility is audited regularly to monitor compliance with the Data Destruction Guidelines.

4. Personnel Security

BeamZ personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. BeamZ conducts reasonably appropriate backgrounds checks to the extent legally permissible and in accordance with applicable local labor law and statutory regulations.

Personnel are required to execute a confidentiality agreement and must acknowledge receipt of, and compliance with, BeamZ’s confidentiality and privacy policies. Personnel are provided with security training. Personnel handling Customer Personal Data are required to complete additional requirements appropriate to their role. BeamZ’s personnel will not process Customer Personal Data without authorisation.

5. Subprocessor Security

Before onboarding Subprocessors, BeamZ conducts an audit of the security and privacy practices of Subprocessors to ensure Subprocessors provide a level of security and privacy appropriate to their access to data and the scope of the services they are engaged to provide. Once BeamZ has assessed the risks presented by the Subprocessor then, subject always to the requirements set out in Section 11.3 (Requirements for Subprocessor Engagement), the Subprocessor is required to enter into appropriate security, confidentiality and privacy contract terms.

BeamZ’s contest policies and guidelines

All contests run on BeamZ or that use BeamZ are subject to the below rules. In addition, your contest cannot be run or conducted in a way that conflicts with our Privacy Policy, Terms of Service, or Community Guidelines.

You can engage users in contests through your content on the platform, provided that the contest conforms with the below rules.

I. General Restrictions and Requirements:

You are solely responsible for your contest.
Your contest on BeamZ must comply with all applicable federal, state, and local laws, rules, and regulations, including U.S. sanctions. If you are located in a country outside the U.S. or your contestants are you will need to obey the appropriate laws there as well.
Your contest cannot infringe upon or encourage the infringement of any third party rights or the participation in any unlawful activity.
You cannot ask the user to give all rights for, or transfer the ownership of, their entry to you.
Your contest must be free to enter.
You and any third party may not manipulate metrics on the BeamZ service, including numbers of views, likes, dislikes, or subscribers, such that those metrics fail to reflect genuine user engagement with the BeamZ service.
You cannot associate or affiliate BeamZ with your contest without BeamZ's prior written consent. This prohibits, among other things, expressly stating or doing anything that suggests that BeamZ is involved with or has endorsed your contest in any way.

II. Your Official Contest Rules:

You must have a set of "Official Rules" which:
a. include links to the BeamZ Community Guidelines and indicate entries which don’t comply will be disqualified.
b. state all disclosures required by all applicable federal, state and local laws, rules and regulations, including U.S. sanctions. Plus any other involved country.
c. are wholly compliant and consistent with the BeamZ Terms of Service.
Your contest must be conducted, and all prizes awarded as outlined in your Official Rules.
You are responsible for your rules and all aspects of your contest administration.
Your rules must clearly state that BeamZ is not a sponsor of your contest and require users to release BeamZ from any and all liability related to your contest.
You must include a legally compliant privacy notice in your Official Rules which explains how you will use any personal data you collect for the contest and adhere to that use.

Disclaimer: We are not your attorneys and the information presented here is not legal advice. We provide it for informational purposes and suggest you seek advice in your jurisdiction for running a contest legally.

BeamZ Terms of Service

Welcome to BeamZ!

Who may use the Service?

Your Use of the Service

Your Content and Conduct

Account Suspension & Termination

About Software in the Service

Other Legal Terms

About this Agreement

Effective as of October 1, 2020

Fake Engagement Policy

What this policy means for you

If you're posting content

What this policy means for you

If you're posting content

Policy on impersonation

What these policies mean for you

If you're posting content

Examples

Custom thumbnails policy

What this means for you

Links in your Content

What this policy means for you

If you're posting content

Nudity and sexual content policies

What this means for you

If you're posting content

Other types of content that violate this policy

Age-restricted content

Spam, deceptive practices & scams policies

What these policies mean for you

If you're posting content

Suicide & self-injury

What to do if you find this content

What to do if you need support

Guidelines for posting mental health-related content

Harassment and cyberbullying policy

What this means for you

If you're posting content

Other types of content that violate this policy

Exceptions

Monetization and other penalties

Policies on content featuring firearms

What this means for you

If you're posting content

Harmful or dangerous content policy

What this policy means for you

If you're posting content

Age-restricted content

Examples

Extremely dangerous challenges

Dangerous or threatening pranks

Violent events or instructions to harm

Drug use

Eating disorders

Harmful remedies & cures

Sale of Illegal or Regulated Goods or services

What this policy means for you

If you're posting content

Hate speech policy

What this policy means for you

If you're posting content

Other types of content that violates this policy

Educational content

Monetization and other penalties

Violent Criminal Organizations

What this means for you

If you're posting content

Violent or graphic content policies

What this means for you

If you're posting content

Animal abuse

Additional policies

Inactive accounts policy

Encouraging Terms of Service violations

Age requirements on BeamZ products

Trademark

Counterfeit

Defamation

Other Legal Issues