1. INTRODUCTION AND WHO WE ARE

‍BeOrchard, LLC ("Orchard," "we," "our," or "us") is a technology advisory company organized under the laws of the State of Wyoming, USA, with its principal place of business in Wyoming. We are committed to protecting and respecting your privacy.

This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information when you visit or use our website and services. It applies to all users of our website and services, including residents of California, South Carolina, and all other U.S. states with applicable privacy laws.

By using our website or services, you acknowledge that you have read and understood this Privacy Policy.

‍2. INFORMATION WE COLLECT
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2.1 Information You Provide to Us
‍We collect the following categories of personal information that you voluntarily provide:
    • Contact Information: Your full name, email address, and phone number when you fill out forms or contact us
    • Location Data: Geographic location information you provide, such as your city, state, or region
    • Communications: The content of messages or inquiries you send us
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‍2.2 Information We Collect Automatically
‍When you visit our website, we may automatically collect:
    • Log data: IP address, browser type, pages visited, time and date of your visit, and referring URLs
    • Cookie data: Information collected via cookies and similar tracking technologies (see Section 5)
    • Device information: Device type, operating system, and browser version
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‍2.3 Information We Do Not Collect
‍We do not collect payment card numbers, bank account details, or sensitive financial account information through our website.

‍3. HOW WE USE YOUR INFORMATION

‍We use the personal information we collect for the following purposes:
    • Service Delivery: To provide, operate, and maintain our technology advisory services
    • Communications: To respond to your inquiries, send service-related updates, and provide customer support
    • Email Marketing: To send you newsletters and promotional content where you have opted in or where permitted by law
    • Analytics & Improvement: To analyze usage patterns and improve our website and services
    • Legal Compliance: To comply with applicable laws, regulations, and legal processes
    • Security: To detect, investigate, and prevent fraud, abuse, and other harmful activities

‍4. LEGAL BASIS FOR PROCESSING

    • Contract Performance: Processing necessary to provide services you have requested
    • Legitimate Interests: Processing to operate and improve our business, where not overridden by your privacy rights
    • Consent: Where you have given explicit consent, such as for email marketing. You may withdraw consent at any time
    • Legal Obligation: Where processing is required to comply with applicable law

‍5. COOKIES AND TRACKING TECHNOLOGIES

    • We use cookies and similar technologies to enhance your experience. We use the following types:
    • Essential Cookies: Necessary for the website to function properly and cannot be disabled
    • Analytics Cookies: Help us understand how visitors interact with our site
    • Marketing Cookies: Used by our email marketing tools to track engagement with campaigns

You can control cookie settings through your browser preferences. Disabling certain cookies may affect website functionality.

We honor Global Privacy Control (GPC) signals sent by your browser and will treat them as a request to opt out of the sale or sharing of your personal information.

‍6. THIRD-PARTY TOOLS AND DATA SHARING
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6.1 Email Marketing Tools
‍We use third-party email marketing platforms to manage communications. These tools may process your name, email address, and engagement data on our behalf under data processing agreements.
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‍6.2 Other Sharing
‍We may share your personal information in the following circumstances:
    • Service Providers: Vendors who assist in operating our business, subject to confidentiality agreements
    • Legal Requirements: When required by law, court order, or government authority
    • Business Transfers: In connection with a merger, acquisition, or sale of assets, with appropriate notice
    • With Your Consent: For any other purpose with your explicit consent
We do not sell your personal information to third parties.

‍7. CALIFORNIA RESIDENTS — YOUR CCPA/CPRA RIGHTS
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‍If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA):

    • Right to Know: You may request disclosure of the categories and specific pieces of personal information we have collected, the sources, the purposes, and any third parties we share it with
    • Right to Delete: You may request deletion of your personal information, subject to certain exceptions
    • Right to Correct: You may request correction of inaccurate personal information we hold about you
    • Right to Opt-Out of Sale or Sharing: We do not sell your personal information. If this changes, you will be notified and provided an opt-out mechanism
    • Right to Limit Use of Sensitive Personal Information: You may request that we limit our use of sensitive personal information to what is necessary to provide our services
    • Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA/CPRA rights.
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‍7.1 How to Submit a Request
‍To exercise any of the above rights, contact us at:
    • BeOrchard, LLC
    • 30 North Gould Street, Suite 7000, Sheridan, Wyoming 82801
    • Email: info@beorchard.com
    • Phone: +1 (323) 801-6204
We will respond to verified requests within 45 days. We may need to verify your identity before processing your request and will not charge a fee for reasonable requests.
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‍7.2 Do Not Sell or Share
‍We do not sell or share your personal information as defined under CCPA/CPRA. You may still submit a Do Not Sell or Share request by contacting us at info@beorchard.com.
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‍8. OTHER U.S. STATE PRIVACY RIGHTS
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‍Residents of states with comprehensive privacy laws — including Virginia, Colorado, Connecticut, Texas, South Carolina, and others — may have rights to access, delete, correct, or opt out of certain processing of their personal information. We extend these rights broadly to all U.S. users where applicable. Contact us using the information in Section 12 to submit a request.
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‍9. DATA SECURITY AND RETENTION
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9.1 Security
‍We implement industry-standard technical and organizational measures to protect your personal information, including:
    • Encryption of data in transit using TLS/HTTPS
    • Access controls limiting who can access personal information
    • Regular security assessments and monitoring
While we take reasonable steps to protect your information, no method of transmission over the Internet is 100% secure. In the event of a data breach affecting your personal information, we will notify you and relevant authorities as required by applicable law.
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‍9.2 Retention
‍We retain your personal information only for as long as necessary to fulfill the purposes described in this Privacy Policy, or as required by law:
    • Contact information is retained for the duration of our business relationship and for three (3) years thereafter
    • Location data is retained for twelve (12) months unless required for ongoing service delivery
    • Marketing preferences and opt-out records are maintained indefinitely to honor your choices
When personal information is no longer needed, we securely delete or anonymize it.
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‍10. CHILDREN'S PRIVACY
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‍Our website and services are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If you believe we have inadvertently collected information from a child under 13, please contact us immediately and we will take steps to delete it.
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‍11. INTERNATIONAL USERS AND FUTURE EXPANSION
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‍Our services are currently directed at users within the United States. If you are accessing our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located.

As we expand internationally, we will update this Privacy Policy to include jurisdiction-specific sections covering applicable laws such as the EU General Data Protection Regulation (GDPR), Brazil's LGPD, Canada's PIPEDA, and others.
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‍12. CONTACT US
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‍If you have questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us:
    • Email: info@beorchard.com
    • Phone: +1 (323) 801-6204
    • Mailing Address: BeOrchard, LLC, 30 North Gould Street, Suite 7000, Sheridan, Wyoming 82801
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‍13. UPDATES TO THIS PRIVACY POLICY
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‍We may update this Privacy Policy from time to time to reflect changes in our practices, applicable laws, or our services. When we make material changes, we will notify you by updating the effective date at the top of this policy and, where appropriate, by sending an email notification.

Your continued use of our website after any changes constitutes your acceptance of the updated policy.
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14. LIMITATION OF LIABILITY
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‍TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORCHARD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ADVISORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, OUR WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY DATA BREACH, UNAUTHORIZED ACCESS, OR MISUSE OF PERSONAL INFORMATION BY THIRD PARTIES BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL ORCHARD'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS PRIVACY POLICY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ORCHARD IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, ORCHARD'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
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‍15. NO PROFESSIONAL ADVICE DISCLAIMER
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‍The content provided on our website, including any technology recommendations, vendor comparisons, pricing guidance, or advisory materials, is for general informational purposes only. Nothing on our website or in our services constitutes legal, financial, investment, accounting, or regulatory advice.

You should consult a qualified professional before making any technology procurement, financial, or legal decisions. Orchard disclaims all liability for any action you take or fail to take based on information provided through our website or services.
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‍16. GOVERNING LAW AND JURISDICTION
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‍This Privacy Policy and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.

For users located in South Carolina or other states, you acknowledge that Wyoming law governs this Privacy Policy to the fullest extent permitted by applicable law. Nothing in this section limits any rights you may have under the mandatory consumer protection laws of your state of residence.

Any legal action or proceeding arising out of or related to this Privacy Policy shall be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, and you hereby consent to the personal jurisdiction and venue of such courts.
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‍17. DISPUTE RESOLUTION AND ARBITRATION
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‍PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
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‍17.1 Informal Resolution First
‍Before initiating formal dispute proceedings, you agree to first contact us at info@beorchard.com and provide a written description of the dispute, the harm suffered, and the relief sought. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice.
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‍17.2 Binding Arbitration
‍If informal resolution fails, any dispute, claim, or controversy arising out of or relating to this Privacy Policy or your use of our website or services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in Sheridan County, Wyoming, or remotely if agreed by the parties.
The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending completion of arbitration.
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‍17.3 Class Action Waiver
‍TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ORCHARD EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND ORCHARD EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
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‍17.4 Exceptions
‍Notwithstanding the above, either party may bring an individual action in small claims court. Nothing in this section prevents either party from seeking emergency injunctive relief to protect intellectual property rights or confidential information.
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‍17.5 Opt-Out
‍You may opt out of this arbitration agreement by sending written notice to info@beorchard.com within thirty (30) days of first using our website or services. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other terms of this Privacy Policy.
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‍18. INDEMNIFICATION
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‍You agree to defend, indemnify, and hold harmless Orchard and its officers, directors, employees, contractors, agents, licensors, and successors from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorneys' fees) arising from:
    • Your use of or access to our website or services in violation of this Privacy Policy or any applicable lawYour misrepresentation of your identity or authority in connection with a data rights request submitted under this Privacy Policy
    • Your violation of any third-party rights, including any privacy or intellectual property rights
    • Any content or information you submit to us that causes harm to a third party

This indemnification obligation will survive the termination or expiration of your use of our website and services.
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‍19. DISCLAIMER OF WARRANTIES
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‍OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

ORCHARD DOES NOT WARRANT THAT (A) OUR WEBSITE OR SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR BE ERROR-FREE; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) OUR WEBSITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS.


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