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Legal & Privacy Statement

Effective as of September 8, 2017

Birdsnest, llc. (“Birdsnest” or the “Company”) is committed to protecting the privacy of individuals who visit the Company’s Websites (“Visitors”), individuals who register to use the Services as defined below (“Customers”), and individuals who register to attend the Company’s corporate events (“Attendees”). This Privacy Statement describes Birdsnest’s privacy practices in relation to the use of the Company’s websites and the related applications and services offered by Birdsnest (collectively, the “Services”).

Birdsnest strives for transparency, accountability, and choice regarding the collection and use of your personal information. We believe these virtues accelerate online trust among consumers and organizations globally. If you have questions or complaints regarding Birdsnest’s Privacy Statement or associated practices, please contact us here.

 

1. WEBSITES COVERED

This Privacy Statement covers the information practices of Websites that link to this Privacy Statement, including: http://www.birdsnest.io; http://go.birdsnest.iohttp://university.birdsnest.iohttp://app.birdsnest.io; and http://api.birdsnest.io (collectively referred to as “Birdsnest’s Websites” or “the Company’s Websites”).

Birdsnest’s Websites may contain links to other Websites. The information practices or the content of such other Websites is governed by the privacy statements of such other Websites. The Company encourages you to review the privacy statements of other Websites to understand their information practices.

 

2. INFORMATION COLLECTED

When expressing an interest in obtaining additional information about the Services, or registering to use the Websites or other Services, or registering for an event, Birdsnest requires you to provide the Company with personal contact information, such as name, company name, address, phone number, and email address (“Required Contact Information”). When purchasing the Services or registering for an event, Birdsnest may also require you to provide the Company with financial qualification and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Services (“Billing Information”). Birdsnest may also ask you to provide additional information, such as company annual revenues, number of employees, or industry (“Optional Information”). When Visitors apply for a job with the Company, Birdsnest may also require you to submit additional personal information as well as a resume or curriculum vitae (“Applicant Information”). Required Contact Information, Billing Information, Applicant Information, Optional Information and any other information you submit to Birdsnest to or through the Services are referred to collectively as “Data.”

As you navigate the Company’s Websites, Birdsnest may also collect information through the use of commonly—used information—gathering tools, such as cookies and Web beacons (“Web Site Navigational Information”). Website Navigational Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Company’s Websites (such as the Web pages viewed and the links clicked).

 

3. USE OF INFORMATION

The Company uses Data about Birdsnest Customers to perform the services requested. For example, if you fill out a “Contact Me” Web form, the Company will use the information provided to contact you about your interest in the Services.

The Company also uses Data about Birdsnest Attendees to plan and host corporate events, host online forums and social networks in which event attendees may participate, and to populate online profiles for Attendees on the Company’s Websites. Additional information on the Company’s privacy practices with respect to Data about Birdsnest Attendees may be found in additional privacy statements on the event Websites, as the case may be.

The Company may also use Data about Birdsnest Customers and Data about Birdsnest Attendees for marketing purposes. For example, the Company may use information you provide to contact you to further discuss your interest in the Services and to send you information regarding the Company, its affiliates, and its partners, such as information about promotions or events.

Birdsnest uses credit card information solely to check the financial qualifications and collect payment from prospective Customers and Attendees.

Birdsnest uses ACH information solely to collect payment from prospective Customers and Attendees.

Birdsnest uses Website Navigational Information to operate and improve the Company’s Websites. The Company may also use Website Navigational Information alone or in combination with Data about Birdsnest Customers and Data about Birdsnest Attendees to provide personalized information about the Company.

 

4. WEBSITE NAVIGATIONAL INFORMATION

Cookies, Web Beacons and IP Addresses
Birdsnest uses commonly—used information—gathering tools, such as cookies and Web beacons, to collect information as you navigate the Company’s Websites (“Website Navigational Information”). This section describes the types of Website Navigational Information used on the Company’s Websites and how this information may be used.

Cookies
Birdsnest uses cookies to make interactions with the Company’s Websites easy and meaningful. When you visit one of the Company’s Websites, Birdsnest’s servers send a cookie to your computer. Standing alone, cookies do not personally identify you; they merely recognize your Web browser. Unless you choose to identify yourself to Birdsnest, either by responding to a promotional offer, opening an account, or filling out a Web form (such as a “Download Now” or a “Free Trial” Web form), you remain anonymous to the Company.

Birdsnest uses cookies that are session—based and persistent—based. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that if you disable your Web browser’s ability to accept cookies, you will be able to navigate the Company’s Websites, but you will not be able to successfully use the Services.

Web Beacons
Birdsnest uses Web beacons alone or in conjunction with cookies to compile information about Customers and Visitors’ usage of the Company’s Websites and interaction with emails from the Company. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Website tied to the Web beacon, and a description of a Website tied to the Web beacon. For example, Birdsnest may place Web beacons in marketing emails that notify the Company when you click on a link in the email that directs you to one of the Company’s Websites. Birdsnest uses Web beacons to operate and improve the Company’s Websites and email communications.

IP Addresses
When you visit Birdsnest’s Websites, the Company collects your Internet Protocol (“IP”) addresses to track and aggregate non-personal information. For example, Birdsnest uses IP addresses to monitor the regions from which Customers and Visitors navigate the Company’s Websites.

Birdsnest also collects IP addresses from Customers when they log into the Services as part of the Company’s “Identity Confirmation” and “IP Range Restrictions” security features.

Social Media Features
The Company’s Websites may use social media features, such as the Facebook ‘like’ button (“Social Media Features”). These features may collect your IP address and which page you are visiting on the Company’s Website, and may set a cookie to enable the feature to function properly. You may be given the option by such Social Media Features to post information about your activities on the Company’s Website to a profile page of yours that is provided by a third party Social Media network in order to share with others within your network. Social Media Features are either hosted by a third party or hosted directly on the Company’s Website. Your interactions with these features are governed by the privacy policy of the company providing the relevant Social Media Features.

Do Not Track
Currently, various browsers — including Internet Explorer, Firefox, and Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Websites’ visited by the user about the user’s browser DNT preference setting. Birdsnest does not currently commit to responding to browsers’ DNT signals with respect to the Company’s Websites, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent. Birdsnest takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

 

5. PUBLIC FORUMS, REFER A FRIEND, AND CUSTOMER TESTIMONIALS

Birdsnest may provide webinars, blogs, or chat rooms on the Company’s Websites. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. Birdsnest is not responsible for the personal information you choose to submit in these forums.

Customers and Visitors may elect to use the Company’s referral program to inform friends about the Company’s Websites. When using the referral program, the Company requests the friend’s name and email address.

Birdsnest posts a list of Customers and testimonials on the Company’s Websites that contain information such as Customer names and titles. Birdsnest obtains the consent of each Customer prior to posting any information on such a list or posting testimonials.

 

6. SHARING INFORMATION COLLECTED

Service Providers

Birdsnest may share Data about Birdsnest Visitors, Customers, and Attendees with the Company’s contracted service providers so that these service providers can provide services on our behalf. Without limiting the foregoing, Birdsnest may also share Data about Birdsnest Visitors, Customers, and Attendees with the Company’s service providers to ensure the quality of information provided, and with third–party social networking and media Websites, such as Facebook, for marketing and advertising on those Websites. Birdsnest does not share, sell, rent, or trade any information with third parties for their promotional purposes.

Birdsnest Affiliates 
The Company may share Data about Birdsnest Customers with other companies in order to work with them. For example, the Company may need to share Data about Birdsnest Customers for customer relationship management purposes.

Business Partners
From time to time, Birdsnest may partner with other companies to jointly offer products or services. If you purchase or specifically express interest in a jointly–offered product or service from or through Birdsnest, the Company may share Data about Birdsnest Customers collected in connection with your purchase or expression of interest with our partner(s). Birdsnest does not control our business partners’ use of the Data about Birdsnest Customers we collect, and their use of the information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may opt not to purchase or specifically express interest in a jointly offered product or service.

Birdsnest does not share Data about Birdsnest Attendees with business partners unless: (1) you specifically opt in to such sharing via an event registration form; or (2) you attend a Company event and allow Birdsnest or any of its designees to scan your attendee badge. If you do not wish for your information to be shared in this manner, you may choose not to opt in via event registration forms and elect not to have your badge scanned at Company events.  If you choose to share your information with business partners in the manners described above, your information will be subject to the business partners’ respective privacy statements.

Third Parties
Section 4 of this Privacy Statement, Website Navigational Information, specifically addresses the information we or third parties collect through cookies and web beacons, and how you can control cookies through your Web browsers.

Billing
Birdsnest 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 Company’s behalf.

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

 

7. INTERNATIONAL TRANSFER OF INFORMATION COLLECTED

The Company primarily stores Data about Birdsnest Customers and Data about Birdsnest Attendees in the United States. To facilitate Birdsnest’s global operations, the Company may transfer and access such information from around the world, including from other countries in which the Company has operations. This Privacy Statement shall apply even if Birdsnest transfers Data about Birdsnest Customers or Data about Birdsnest Attendees to other countries.

 

8. COMMUNICATIONS PREFERENCES

Service Providers

Birdsnest offers Visitors, Customers, and Attendees who provide contact information a means to choose how the Company uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of the Company’s marketing emails. Additionally, you may send a request to us here.

 

9. CUSTOMER DATA

Service Providers

Birdsnest’s Customers may electronically submit data or information to the Services for hosting and processing purposes (“Customer Data”). Birdsnest will not review, share, distribute, or reference any such Customer Data except as provided in Birdsnest’s Master Subscription Agreement, or as may be required by law. In accordance with Birdsnest’s Master Subscription Agreement, Birdsnest may access Customer Data only for the purpose of providing the Services or preventing or addressing service or technical problems or as may be required by law.

 

10. CORRECTING AND UPDATING YOUR INFORMATION

Service Providers

Customers may update or change their registration information by editing their user or organization record. To update a user profile, please login to http://app.birdsnest.io with your username and password and click your profile. To update an organization’s information, please login to http://www.birdsnest.io with your username and password and select “Admin.” To update Billing Information or have your registration information deleted, please email us here. To discontinue your account and to have information you maintained in the Services returned to you, please email us here or call +1 (402) 933-4050.  Requests to access, change, or delete your information will be handled within 10 days.

 

11. SECURITY

Service Providers

Birdsnest uses robust security measures to protect Data about Birdsnest Customers and Data about Birdsnest Attendees. Because the Company uses the Services to maintain Data about Birdsnest Customers and Data about Birdsnest Attendees, this information, which is stored in the Services, is secured in the same manner.

 

12. CHANGES TO THIS PRIVACY STATEMENT

Service Providers

Birdsnest reserves the right to change this Privacy Statement. Birdsnest will provide notification of the material changes to this Privacy Statement through the Company’s Websites at least thirty (30) business days prior to the change taking effect.

 

13. CONTACT US

Service Providers
Questions regarding this Privacy Statement or the information practices of the Company’s Websites should be directed to Birdsnest Privacy by clicking here or by mailing Birdsnest Privacy, Commerce Village, 950 South 10th Street, Suite 007, Omaha, NE 68108.