Birdies Privacy Notice
Effective Date: December 23rd, 2024
This Privacy Notice explains how personal information is collected, used, and disclosed by Birdies, Inc. (“Birdies”), and applies to the personal information collected when you use or access our online or mobile websites (“Site”), or purchase our goods (“Goods”). The Site and the Goods are collectively referred to herein as the Services. Please read this Privacy Notice carefully to understand our practices and your rights and choices with respect to your personal information.
As used in this Privacy Notice, the term “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal information includes “personal data” as defined by certain privacy and data protection laws.
Additional Information for California Residents . If you are a California resident, please click here for additional information about the processing of your personal information and the rights granted to you by California law.
Changes
Birdies may update this Privacy Notice from time to time to reflect changes to our Services and the laws applicable to our provision of the Services to you. If we do change this Privacy Notice, we will revise the Effective Date at the top of this Privacy Notice on the Site. Birdies encourages you to review this Privacy Notice regularly for any changes. Your continued use of our Services after the posting of an updated Privacy Notice will be subject to the then-current Privacy Notice and our Terms of Service.
Collection and Use of Personal Information
Birdies may collect personal information directly from you (such as when you register an account online, request customer service, or make a purchase), from our vendors and service providers, and automatically through tracking technologies on our Site.
We may collect, use, and disclose the following categories of personal information for the purposes identified below. These examples may vary depending on the nature of your interactions with us.
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Category of Personal Information |
Purposes for Collection, Use, or Disclosure |
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Identifiers, including name, title, shipping address, unique personal identifier, online identifier, IP address, email address, account name, or other similar identifiers |
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Personal information described in Cal. Civ. Code § 1798.80(e), including telephone number |
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Characteristics of protected classifications, including age and gender |
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Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies |
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Internet or other electronic network activity information, including browsing history, search history, or information about a consumer's interactions with our websites, applications, or advertisements |
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Geolocation data, including your location inferred from your IP address |
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Sensory information, including audio recordings of customer care calls |
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Professional or employment-related information, including your employer, title, and job description |
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Inferences about consumers’ preferences |
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In addition to the categories of personal information listed above, we may also collect the contents of communications you share with us, including through the use of our chat feature. We use this information to respond to your inquiries and to provide you with customer service.
Disclosures of Personal Information
We may disclose the categories of personal information identified above to the following categories of recipients. Where Birdies discloses personal information to the recipients below, we do so for the same business purposes described above.
- Data analytics providers;
- Security providers;
- Vendors that help us place relevant advertisements;
- Information technology vendors; and
- Other service providers, including vendors that help us to fulfill orders, provide shipping and logistics services, communicate with you, process payments and refunds, or provide customer service.
Compliance with Laws:
We may disclose your personal information to other parties if (a) we believe that such disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (b) to enforce our agreements or policies, (c) to protect the security or integrity of the Services from harm or illegal activities; (d) to respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person; or (e) to any other party with your prior written consent.
Business Transfers:
We may transfer your personal information in connection with, or during the negotiations of, any merger, sale of Birdies assets, financing, or acquisition of all or a portion of the business to another party.
Links to Other Online Properties
Our Site contains links to other online properties. Such properties have their own policies that govern their collection, use, and disclosure of information. We suggest that you read their privacy policies to learn about their practices. Any hyperlinks we provide are for your convenience and do not imply endorsement of the activities of such websites or any associations with their operator.
Cookies and Other Tracking Technologies
We and our vendors may use a variety of tracking technologies, including cookies, beacons, pixels, and APIs that collect certain information when you interact with the Site. Depending on your device and browser settings, these tracking technologies may collect your IP address, device identifiers, user preferences, approximate geolocation, the pages you click on, and the website you visited immediately beforehand. Additionally, these technologies may collect details about how you interact with the Site, including scrolling and cursor movements, scrolls, gestures, clicks, taps, and keyboard entries.
We may use these technologies for various purposes, including to provide functionality for the Site, to help us route traffic between servers, to understand how the Site is performing and how visitors use the Site, to improve features and content on the Site, and for advertising purposes. We may combine certain information collected through tracking technologies with other information we obtain about you, which may include information we obtain from our vendors. We or other parties may collect personal information about your online activities over time when you use the Site.
Technologies we use may include, but are not limited to:
- Google Analytics. For more information on how Google Analytics uses data, visit: google.com/policies/privacy/partners. To opt out of Google Analytics cookies, visit: google.com/settings/ads and tools.google.com/dlpage/gaoptout.
- Meta. Meta may use cookies, web beacons, and other storage technologies, including the Meta Pixel, to collect or receive information from the Site and elsewhere on the Internet and use that information to provide measurement services, target and deliver ads.
- Facebook Custom Audiences. You may opt out of Facebook Custom Audience by logging into your Facebook account and changing your privacy or advertising settings as per Facebook's opt out instructions. Please note that we do not control how other parties manage their opt-out processes.
Certain advertising tracking technology vendors may participate in the Digital Advertising Alliance ("DAA") AdChoices Program and may display an Advertising Option Icon for Interest-based Ads that links to an opt-out tool which allows you to exercise certain choices regarding targeting. You can learn more about the DAA AdChoices Program at http://www.youradchoices.com/. In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative ("NAI"). NAI has developed a tool that allows consumers to opt out of certain interest-based ads delivered by NAI members' ad networks. To learn more about opting out of such targeted advertising or to use the NAI tool, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of interest-based ads, you will continue to receive non-targeted ads.
We are not responsible for the effectiveness of, or compliance with, external-parties' opt-out options or programs or the accuracy of their statements regarding their programs.
Session Replay. Our Site may use session replay tools that allow us and our vendors to monitor and analyze how visitors use our Services to better understand user behavior and improve our Site. When you interact with us online, information related to your browsing behavior may be collected by us and our vendors.
Chat. We and our service providers may collect and store personal information that you provide through our chat feature. By using this feature, you understand that our service providers may process the information obtained through the chat to provide services on our behalf.
Do Not Track. Some browsers offer a “Do Not Track” option. We do not respond to “Do Not Track” signals.
Your Choices
Your Account: You may update, correct or delete information about you at any time by logging into your online account and modifying your information or by emailing us at privacy@birdies.com.
Emails: We may collect your personal information in order to provide you with marketing materials and/or opportunities to participate in contests or promotions. If you do not wish to receive email marketing messages from Birdies, you may unsubscribe by clicking the “unsubscribe” button at the bottom of the email.
Text Messages: You may elect to receive shopping cart reminder text messages from us. If you have opted into receiving text messages from us, you may opt out of receiving these text messages at any time by texting “STOP” or by emailing us at privacy@birdies.com.
Nevada Consumers: We do not sell your covered information, as defined by Section 1.6 of Chapter 603A of the Nevada Revised Statutes.
How Long We Keep Personal Information
We keep the categories of personal information described above for as long as is necessary for the purposes described in this Privacy Notice or otherwise authorized by law. This generally means holding the personal information for as long as one of the following apply:
- Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the personal information;
- Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected;
- Your personal information is reasonably required to protect or defend our rights or property; or
- We are otherwise required or permitted to keep your personal information by applicable laws or regulations.
Where personal information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the contact details below.
Security
We employ industry standard technological measures that are reasonably designed to help protect your personal information from loss, unauthorized access, disclosure, alteration or destruction. While we take reasonable efforts to guard personal information, no security system is impenetrable. It is your responsibility to protect the security of your login information. If you have reason to believe that your account or interaction with us is no longer secure, please immediately notify us.
Services Not Directed to Children
This Site and our Services are not directed at children under the age of 16. Birdies does not knowingly collect personal information from children under the age of 16. If you become aware that a child has provided us with personal information, please contact us at privacy@birdies.com.
International Visitors
If you are visiting the Site from outside the United States, please be aware that personal information we and our vendors obtain about you will be processed in the United States. By using the Site, you acknowledge that your personal information may be transferred to, and processed in, jurisdictions outside your own. Please be aware that the data protection laws and regulations that apply to your personal information transferred to the United States or other countries may be different from the laws in your country of residence.
Additional Information for Residents of Certain U.S. States
A. Sales, Sharing, and Targeted Advertising
We may sell or share with third parties for cross-context behavioral advertising or targeted advertising the following categories of personal information. We do not have actual knowledge that we sell or share the personal information of consumers under 16 years of age.
- Identifiers
- Internet or other electronic network activity information
- Geolocation Data
You may opt out of the sale and sharing of your personal information via tracking technologies through a browser-based opt-out preference signal that you set, or by following the instructions provided below.
B. U.S. State Privacy Rights
If you are a resident of California, Colorado, or Virginia, you may have certain rights related to the personal information that we have collected about you. We will comply with your request as soon as reasonably practicable, subject to legal requirements.
To prevent unauthorized requests related to your personal information, we take steps to verify that you are the person that is the subject of the request. Following verification of your identity, we will process your request; if we are unable to fulfill your request, we will let you know why.
You may exercise your rights to your personal information by submitting a request via email to privacy@birdies.com, or by calling 1-650-800-6059.
We will not discriminate against you for exercising any of your privacy rights.
Right to Know or Access: You have the right to know what personal information we process, know details concerning that processing, and to access your personal information.
This includes information regarding:
- Your personal information that we process
- Our purposes for processing your personal information
- The categories of personal information we disclose to other parties
- The categories of external parties to which we disclose your personal information
You also have the right to obtain your personal information in a transportable format.
Right to Correct: You may request that we correct personal information that we maintain about you if you believe such personal information is inaccurate. Upon receipt of a verifiable request to correct inaccurate personal information, we will use commercially reasonable efforts to correct the information as you direct.
Right to Delete: You may request that we delete your personal information. Please note that we may retain certain personal information as permitted by applicable law.
Right to Opt-Out: You have the right to opt out of sales and sharing for cross-context behavioral advertising or targeted advertising via tracking technologies (e.g., cookies). To opt out, click on the ‘Do Not Sell or Share My Personal Information’ link in the footer of our website, which will allow you to access our opt-out tool.
- If you would like to use a universal opt-out preference signal, please download and use a browser supporting the Global Privacy Control (“GPC”) browser signal. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.
Authorized Agents: Depending on your state of residency, you may have the right to designate an authorized agent to make certain privacy rights requests on your behalf. We will require an authorized agent to verify their identity and authorization to make a request.
C. California’s Shine the Light Law
We do not share personal information as defined by California Civil Code § 1798.83 (“Shine the Light” law) with third parties for their own direct marketing purposes. Californians may request information about our compliance with this law by sending an email to privacy@birdies.com with “Request for California Privacy Information” on the subject line and in the body of your message.
Contact
If you have any questions regarding this Privacy Notice, please contact us via email at privacy@birdies.com.
