PRIVACY POLICY
At Birds Barbershop LLC (“Birds”), we respect the privacy of others. This PRIVACY POLICY (this “Privacy Policy”) is intended to explain Birds’ privacy practices with respect to the mobile software application(s) commonly known as the “Birds” app (together with its features and services, as well as any premium versions, components, or sections thereof are sometimes referred to herein collectively as the “App”). This Privacy Policy is also intended to provide you and any person helping you visit, access, or use the App (whether as a buyer, seller, visitor, or otherwise) (collectively, “you” or “your”) with an overview of the following:
This Privacy Policy applies to information collected through the App. Carefully read this Privacy Policy in its entirety.
by visiting, accessing, or using the App, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the App’s Terms and Conditions, and your continuing access or use of the App reaffirms your acceptance and agreement in each instance.
As used herein, the term “personal information” means information that would allow someone to contact you physically or online (e.g., your name, physical address, telephone number, e-mail address, or social security number); and the term “non-personal information” means any information other than personal information that Birds may collect from you.
The App is a general audience mobile software application(s) intended for use by adults. The App is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. Birds does not collect personal information through the App from any person it actually knows to be under thirteen (13) years of age. If Birds obtains actual knowledge that it has collected personal information through the App from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.
Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that Birds remove content or information about you that is posted on the App. Please submit any such request (“Request for Removal of Minor Information”) to any one of the following:
By mail: Birds Barbershop, attn: Department JR – Privacy Inquiry, 1902 S. Congress Avenue, Austin, Texas 78704, with a subject line of “Privacy Inquiry.”
By e-mail: shoutout@birdsbarbershop.com, with a subject line of “Privacy Inquiry.”
For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the e-mail or letter subject line, and clearly state the following in the body:
If you send a Request for Removal of Minor Information by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery, and tracking. Birds will not accept any Request for Removal of Minor Information via telephone or facsimile. Birds is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled, or incorrectly sent.
Please note that the aforementioned removal does not ensure complete or comprehensive removal of such content or information posted on the App.
Also, please note that Birds is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule, or regulation requires Birds to maintain the content or information; when the content or information is stored on or posted to the App by a third party other than you (including any content or information posted by you that was stored, republished, or reposted by the third party); when Birds anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.
The foregoing is a description of Birds’ voluntary practices concerning the collection of personal information through the App from certain minors, and is not intended to be an admission that Birds is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
Birds may collect personal and non-personal information about you through the App.
Birds might collect personal and non-personal information from you when you access or use the App; when you register with or subscribe to the App; when you register for or subscribe to the products and/or services of Birds online through the App (e.g., to schedule an appointment or session through Birds, or to subscribe to receive newsletters from Birds); when you “sign in,” “log in,” or the like, to the App; when you allow the App to access, upload, download, import, or export content found on, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access, or use the App) or online accounts with third-party websites, networks, platforms, servers, or applications (e.g., your online social media accounts, your cloud drives and servers, or your mobile device service provider); or whenever Birds asks you for such information, such as, for example, when you process a payment through the App, or when you answer an online survey or questionnaire.
In addition, if you or a third party sends Birds a comment, message, or other communication (such as, by way of example only, e-mail, letter, fax, phone call, or voice message) about you, your activities on or through the App, then Birds may collect any personal or non-personal information provided therein or therewith.
Finally, Birds may use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:
Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the App might not function properly.
By visiting, accessing, or using the App, you acknowledge and agree in each instance that you are giving Birds permission to monitor or otherwise track your activities on the App, and that Birds may use the aforementioned technologies and/or other tracking, data aggregation, and data analysis technologies.
Birds may use the personal and/or non-personal information it collects from you through the App in a variety of ways, such as, for example, to:
Birds reserves the right to use your personal and non-personal information when:
Birds may also use your name and/or contact information in connection with its display or performance of photographs, images, and/or videos of you on or through the App.
Birds reserves the right to share your personal information and/or non-personal information with its officers, directors, members, managers, employees, agents, administrators, accountants, financial advisors, and legal advisors; and with those third parties who help manage, administer distribute, and/or operate the App, and/or its respective products, services, and/or features (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, credit card or other payment processing companies), as needed in order for them to perform such services.
Birds does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you. For example, Birds may freely share non-personal information with its affiliates, suppliers, and representatives, as well as with other individuals, businesses, and government entities.
You may choose to share certain information and/or follow other users on the App. You may choose to share your contact information with other users or provide it publicly.
Birds may retain your personal information for as long as it believes necessary or appropriate.
In connection with any transaction that you conduct through the App), you may be asked to supply certain information relevant to the transaction, including, without limitation, your phone number, and/or your e-mail address. By submitting such information, you grant Birds without charge the irrevocable, unencumbered, universe-wide, and perpetual right to provide such information to third parties for the purpose of facilitating the transaction.
The App, and/or any communications sent through or as a function of the App, may contain links to third-party websites, networks, platforms, servers, and/or applications, including, without limitation, Google Maps API(s) which has its own electronic privacy policy that is available at https://www.google.com/policies/privacy/ (last visited May 31, 2017) and incorporated herein by reference. To the fullest extent permitted by law, Birds is not responsible for, and you hereby release Birds from any and all liability which may arise from, such third party websites, networks, platforms, servers, and applications (including, without limitation, the privacy policies and practices of such third-party websites, networks, platforms, servers, and applications).
You may have the opportunity to access the App using your online user accounts with certain third-party websites, networks, platforms, servers, or applications, which may be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers, or applications. Birds may also collect information from those third-party websites, networks, platforms, servers, or applications (such as, for example, your name, gender, date of birth, and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications, and other information available through your online account or page with those third-party websites, networks, platforms, servers, or applications). It is your responsibility to carefully read, accept, and comply with the relevant terms of use or service, waivers, and privacy policies associated with those third-party websites, networks, platforms, servers, and applications.
Birds implements security measures to help protect the personal information it collects through the App.
Regardless of the foregoing, please observe that “perfect” or “100%” security does not exist on the Internet. Therefore, your access and use of the App, and your opening of any communications sent through or as a function of the App, are done at your own risk.
To help maintain the security of your personal information, Birds asks that you please notify it immediately of any unauthorized visit, access, or use of the App, or the loss or unauthorized use of your user access information for the App (e.g., username, or password), if any.
You may request at any time that Birds provide you with an opportunity to review and change your personal information collected through the App, or to no longer use your personal information to provide you with any products or services. Please submit any such request (“Request Concerning Personal Information”) to any one of the following:
By mail: Birds Barbershop, attn: Department JR – Privacy Inquiry, 1902 S. Congress Avenue, Austin, Texas 78704, with a subject line of “Privacy Inquiry.”
By e-mail: shoutout@birdsbarbershop.com, with a subject line of “Privacy Inquiry.”
For each Request Concerning Personal Information, please state “Your Personal Information” in the e-mail or letter subject line, and clearly state the following in the body:
If you send a Request Concerning Personal Information by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery, and tracking. Birds will not accept a Request Concerning Personal Information via telephone or facsimile. Birds is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled, or incorrectly sent.
You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.
If you are a resident of the State of California and Birds has an established business relationship with you, then, pursuant to Section 1798.83 of the California Civil Code, you have the right to request the following at any time: (a) information from Birds free of charge regarding the manner in which Birds shares certain personal information collected through the App with third parties who use such information for direct marketing or promotional purposes; and (b) the discontinuation (or opt-out) of Birds’ sharing of such information with such third parties. Please submit any such request (“California Privacy Rights Request”) to any one of the following:
By mail: Birds Barbershop, attn: Department JR – Privacy Inquiry, 1902 S. Congress Avenue, Austin, Texas 78704, with a subject line of “Your California Privacy Rights.”
By e-mail: shoutout@birdsbarbershop.com, with a subject line of “Your California Privacy Rights.”
For each California Privacy Rights Request, please state “Your California Privacy Rights” in the e-mail or letter subject line, and clearly state the following in the body:
If you send a California Privacy Rights Request by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery, and tracking. Birds will not accept a California Privacy Rights Request via telephone or fax; and is not responsible for a California Privacy Rights Request that is incomplete, incorrectly labeled, or incorrectly sent.
You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.
Further, Birds does not respond to “do not track” (DNT) signals.
Finally, as explained further above, Birds does not authorize third parties to collect your personal information when you use the App, except as expressly stated in this Privacy Policy. To the fullest extent permitted by law, Birds is not responsible for, and you hereby release Birds from any and all liability which may arise from, such third parties’ unauthorized collection of your personal information.
Birds may supplement, amend, or otherwise modify this Privacy Policy at any time without notice to you. Such supplements, amendments, and other modifications will be posted on this or a similar page of the App, or may be e-mailed to you at the e-mail address you provide to Birds, and shall be deemed effective as of their stated effective or modification date. It is your responsibility to carefully review this Privacy Policy each time you visit, access, or use the App.
Again, by visiting, accessing, or using the App, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the most-recent version of the App’s Terms and Conditions, and your continuing access or use of the App reaffirms your acceptance and agreement in each instance.
If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.
Please direct any questions you may have about this Privacy Policy to any one of the following:
By mail: Birds Barbershop, attn: Department JR – Privacy Inquiry, 1902 S. Congress Avenue, Austin, Texas 78704, with a subject line of “Privacy Inquiry.”
By e-mail: shoutout@birdsbarbershop.com, with a subject line of “Privacy Inquiry.”
The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.
This Privacy Policy was last modified on May 31, 2017.
