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").
- the website www.birdsy.com (the "Website");
- Birdsy’s services (the “Services”); and
- Birdsy’s mobile application (the “Birdsy App”).
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.
How We Use Your Personal Data
Performance of Contract
- manage Customer registrations;
- provide support to our Customers and handling other Customer requests;
We use the Personal Data to pursue our legitimate business interests, as described in detail below.
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.
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
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.
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
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.
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.
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”).
- 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 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.
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 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
16 W 19th St 3E
Our representative appointed in accordance with Article 27 of the GDPR can be reached here.