Privacy Policy

November 20, 2018

Birdsy, Inc. (“Birdsy”, “we”, “us” or “our”) is committed to protecting your privacy and want you to be familiar with how we collect, use and disclose data directly or indirectly relating to you as an individual (the "Personal Data").

This Privacy Policy describes how Birdsy processes your Personal Data collected in relation to:

  • the website www.birdsy.com (the "Website");
  • Birdsy’s services (the “Services”); and
  • Birdsy’s mobile application (the “Birdsy App”).

If you have questions or complaints regarding Birdsy’s Privacy Policy or associated practices, please contact us.

What Personal Data Do We Collect

When expressing an interest in obtaining information about the Services, we require you to provide us with your email address.

When you register an account with us to use the Services and become our customer (the “Customer”), we require you to provide us with your personal contact information, including name, email address and a company name (in case of a business account). Optionally, you may provide us with further contact details, including your address or telephone number, to help us contact you.

As you navigate the Website, we may also collect information through the use of information-gathering tools, such as cookies (the “Navigational Information”). The Navigational Information includes standard information from your browser, your Internet Protocol address and the actions you take on the Website (such as the web pages viewed and the links clicked). For additional information about the collection of the Navigational Information by Birdsy, please see the “Navigational Information” section of this Privacy Policy.

Birdsy collects information through the Birdsy App. However, such collection is limited solely to information related to your use of and interaction with the Birdsy App. For example, all actions taken in the Birdsy App may be logged, along with associated information (such as the time when an action was taken). We also collect various types of your Personal Data which you voluntarily provide us, for example through our phone, chat or email communication with you, when you contact our support, etc. Birdsy acts as the data controller of the Personal Data processed pursuant to this Privacy Policy.

How We Use Your Personal Data

Performance of Contract

We use the Personal Data of our Customers for the purpose of performing the contract with the Customers and to fulfill our obligations under the applicable Terms of Use to:

  • manage Customer registrations;
  • provide support to our Customers and handling other Customer requests;
  • inform the Customers of the changes and updates in the Services or the Terms of Use.

Legitimate Interest

We use the Personal Data to pursue our legitimate business interests, as described in detail below.

We may use your contact information for marketing purposes related to your use of, or interest in the Services. For example, Birdsy may use information you provide us to contact you to further discuss your interest in the Services and to send you information regarding Birdsy, such as information about promotions or events. Birdsy uses the Navigational Information and the information gathered through your use of the Birdsy App to operate, improve or upgrade the Website, Birdsy App or the Services and to provide you customized user experience. For additional information about the use of the Navigational Information by Birdsy, please see the “Navigational Information” section of this Privacy Policy.

For the purposes described above, we may combine together your Personal Data that are collected through the Website, Navigational Information, Birdsy App and your Personal Data obtained through our communication with you.

Navigational Information

We (and in some cases our partners) use cookies to help users log in to our Website, track users’ movements around the Website, serve targeted advertisements, analyze trends and gather demographic information about our user base as a whole. This section describes the types of Navigational Information used on the Website, and how this information may be used.

Cookies

Birdsy uses cookies to make interactions with the Website easy and meaningful. Standing alone, cookies do not personally identify you; they merely recognize your web browser. Unless you choose to identify yourself to Birdsy by registering an account or have previously identified yourself to Birdsy, you remain anonymous to us.

Birdsy uses session cookies and persistent cookies. Session cookies exist only during one session. They disappear from your computer or device when you close your browser software or turn off your computer. Persistent cookies remain on your computer or device after you close your browser or turn off your computer. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our Website. Log Files, IP Addresses, URLs and Other Data We gather certain information automatically to analyze trends in the aggregate and administer our Website. This information may include your IP address (or the proxy server you use to access the World Wide Web), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage.

Due to Internet communications standards, when you visit or use the Website, we automatically receive the URL of the website from which you came and the website to which you go when you leave our Website.

Targeting or Advertising Cookies

Birdsy partners with third parties to display advertising on our Website or to manage our advertising on other sites. Our third-party partners may use cookies or similar technologies to provide you advertising based upon your browsing activities and interests.

If you wish to change how your web browser displays interest-based advertising, click here: http://preferences-mgr.truste.com, or if located in the European Union, click here: http://www.youronlinechoices.eu. Please note that if you switch off the interest-based advertising in your browser, you will continue to receive generic advertising.

Authentication Cookies

Birdsy uses cookies to identify its Customers and keep them logged in to the Website, if they expressed their consent with such form of authentication.

Single Sign-on

Birdsy allows you to sign up or log in to the Website using third-party accounts, such as Facebook or Google. These services will authenticate your identity and provide you the option to share your name and email address with us to pre-populate the sign-up or log-in forms.

How We Share Personal Data

Service Providers

Birdsy may share your Personal Data with the Birdsy’s contracted service providers so that these service providers can provide services on our behalf. These service providers are authorized to use your Personal Data only as necessary to provide the requested services to us. Examples of our service providers include third-party coders, developers, accountants, hosting providers, CRM solution providers.

Billing

Birdsy uses a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use billing information except for the sole purpose of credit card processing on the Birdsy’s behalf.

Compelled Disclosure

Birdsy reserves the right to use or disclose information provided if required by law or if Birdsy reasonably believes that use or disclosure is necessary to protect the Birdsy’s rights and/or to comply with a judicial proceeding, court order, or legal process.

International Transfer of Personal Data

This section applies to Personal Data which is subject to the Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation; the “GDPR”).

To achieve the purposes described in this Privacy Policy, we may transfer your Personal Data to the following countries outside the European Economic Area:

  • Canada, which is deemed to ensure an adequate level of protection under Article 45 of the GDPR;
  • United States of America, in which case our data transfers are subject to the appropriate safeguards in accordance with the GDPR provided by EU-U.S. Privacy Shield for transfers to entities located in the United States. To learn more about the Privacy Shield Framework, please visit the U. S. Department of Commerce’s Privacy Shield website here: https://www.privacyshield.gov.

Privacy Shield Notice

Birdsy complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Birdsy has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. Birdsy is committed to subjecting all personal data received from European Union member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov.

Birdsy is responsible for the processing of personal data it receives under the Privacy Shield Framework and subsequently transfers to a third party. Birdsy complies with the Privacy Shield Principles for all onward transfers of personal data from the European Union, including the onward transfer liability provisions. With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Birdsy is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Birdsy may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

How to Submit a Complaint under Privacy Shield Framework

In compliance with the Privacy Shield Principles, Birdsy commits to resolve complaints about our collection or use of your Personal Data. You may direct any inquiries or complaints related to our Privacy Shield compliance here. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, you may lodge a complaint regarding our processing of Personal Data with the local data protection authority. Contact details for data protection authorities in the European Union are available here: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.

Under certain conditions, you may be entitled to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the recourse mechanisms described above. Additional information is available here: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

Retention Period

We may retain your Personal Data for a period of time consistent with the original purpose of collection (for details please see the “How We Use Personal Data” section of this Privacy Policy). We determine the appropriate retention period for the Personal Data on the basis of the amount, nature, and sensitivity of your Personal Data, the potential risk of harm from unauthorized use or disclosure, and whether we can achieve the purposes of the processing through other means, as well as the applicable legal requirements (such as applicable statutes of limitation). After expiry of the retention periods, your Personal Data will be deleted. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of the data.

Your Personal Data Rights

You have the right:

  • to obtain from us the confirmation whether we process your Personal Data and to access your Personal Data, including the details of such processing and to obtain a copy of your Personal Data;
  • if inaccurate, to rectification and completion of your Personal Data;
  • to demand that we erase your Personal Data (the right to be forgotten) ,including if the processing of your Personal Data is no longer necessary for the purposes stated in this Privacy Policy or if you have withdrawn your consent with the processing;
  • to restrict our processing of your Personal Data (for example, if you contest the accuracy of the Personal Data, the processing may be restricted until we verify the accuracy of the Personal Data);
  • if our processing of your Personal Data is based on our legitimate interest, to object to any further processing on the grounds relating to your particular situation;
  • to receive your Personal Data from us (right to data portability), to transmit such Personal Data to another data controller or to have us transmit your Personal Data to another data controller;
  • to lodge a complaint regarding our processing of your Personal Data with the local data protection authority. Contact details for data protection authorities in the European Union are available here: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.

To exercise any of these rights, please contact us.

To Unsubscribe From Our Communications

You may unsubscribe from our marketing communications by clicking on the "unsubscribe" link located on the bottom of our e-mails, or by sending us a message here.

Third Party Sites

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party operating any site to which the Website contain a link. The inclusion of a link to another site on the Website does not imply endorsement of the linked site by us.

Contacting us

If you have questions regarding Birdsy’s Privacy Policy or associated practices, please contact us or

BIRDSY, INC.
16 W 19th St 3E
New York
NY 10011
USA

Our representative appointed in accordance with Article 27 of the GDPR can be reached here.