Privacy Policy

BirdWeather Privacy Policy
Effective Date: October 22, 2022

In order for Scribe Labs Inc. (the owner of this Site) to provide any Products and Services outlined in the Terms of Service including but not limited to this Site, we may store, collect, and process various forms of information. We take Privacy seriously and this Privacy Policy describes how we use any personal information that we collect from you as part of you using any Products and Services. For EU users, please see our special provisions under the “Special Information for EU Users” section below. This Privacy Policy also describes the choices available to you regarding our use of your personal information and how you can access and update this information, and what information you provide that we will retain even if you decide to delete the app or stop using our Products and Services. This Privacy Policy is attached to and made a part of our Terms of Service available at app.birdweather.com/terms-of-service. You should also read such Terms of Service, which contains important information about the scope and nature of any Products and Services, and the rules that apply to your use of the same. All capitalized terms used in this Privacy Policy that are not defined in this Privacy Policy have the meaning given to them in such Terms of Service. Your use of the Service indicates that you consent to our collection, storage, use and disclosure of your personal information and other information as described in this Privacy Policy and the Terms of Service. If you do not consent to the use of your personal information as described in this Privacy Policy or do not agree to the Terms of Service, do not use the Service.

WHAT PERSONAL INFORMATION IS COLLECTED?

Information You Give Us
We receive and store any information you provide in connection with the Services. You may choose not to provide certain information, but then you might not be able to take advantage of many of our Services. The types of personal information we obtain include:

  • Contact information, such as name, phone number, and email and postal address;
  • Account information, such as online password and other log-in details used to access Services;
  • The geolocation relating to your use of the Services;
  • Technical information about your use, such as your Wi-Fi network information and signal strength, software version and device;
  • Data about your interactions with our websites and mobile apps; Social media handles, content and other data posted on our official social media pages;
  • Information we obtain from third-party social media services (e.g., Facebook, Twitter) if you choose to link to your account through these services (including when you share audio or content via your social media account);
  • Other personal information contained in content you submit to us, such as through our customer support tools on our websites or mobile apps.

Information We Collect from Your Use of the Services 
The Services are designed to allow you to listen to audio detections from your computer or mobile or other device, and collaborate with others in your community. To provide you with these Services, we obtain Content (and related information) that is captured and recorded when using your Services, such as:

  • Audio recordings;
  • Comments;
  • Data our Products and Services collect from their surrounding environment to perform their functions (such as temperature).

Privacy laws in your jurisdiction may apply to your use of our Products and Services. You are solely responsible for ensuring that you comply with applicable law when you use our Products or Services. For example, you may need to display a notice that alerts visitors to your home or other relevant location that you are using our Products or Services. Capturing, recording, or sharing audio content that involves other people may affect their privacy rights.

Information We Obtain by Automated Means
When you interact with our Products and Services, we obtain certain information by automated means, such as cookies, web server logs, web beacons, and other technologies.

  • A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser.
  • A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.

We may use these automated technologies to collect information about your equipment, browsing actions, and usage patterns. The information we obtain in this manner may include:

  • Your device IP address;
  • Identifiers associated with your devices;
  • Types of devices connected to Services;
  • Web browser and device characteristics;
  • Language preferences;
  • Referring/exit pages;
  • Clickstream data;
  • Dates and times of website or app visits.

Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our online services. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device.

FOR WHAT PURPOSE DO WE USE YOUR PERSONAL INFORMATION?
We may use the personal information we obtain about you to:

  • Provide our Products and Services to you;
  • Establish and manage your account and profile;
  • Process and fulfill claims and orders in connection with our Products and Services and keep you informed about the status of the same;
  • Personalize your experience with our Products and Services;
  • Allow you to stream, save and share content through our Services;
  • Identify and authenticate you so you may access certain content or use certain of our Services;
  • Increase and maintain the safety and security of our Products and Services and prevent misuse;
  • Communicate with you (including providing you with offers and other communications about our Products and Services) and provide customer support;
  • Allow you to interact with certain third-party products or services (for example, to enable you to link to, or view content from, third-party sites within our Services, or connect to third-party Products and Services);
  • Perform analytics (including market and consumer research, trend analysis, financial analysis, and anonymization of personal information);
  • Manage career opportunities at Scribe;
  • Operate, evaluate, develop, manage and improve our business (including operating, administering, analyzing and improving our Products and Services; developing new products and services; managing and evaluating the effectiveness of our communications; performing accounting, auditing, cost reconciliation and collection activities and other internal functions);
  • Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
  • Comply with and enforce applicable legal requirements, relevant industry standards and policies, including this Privacy Policy and our Terms of Service.

We do not sell or otherwise share personal information about you except as described in this Privacy Policy. We also may use the personal information we collect about you in other ways for which we provide specific notice at the time of collection and obtain your consent if required by applicable law.

DO WE SHARE INFORMATION RECEIVED?
We may share our customers’ personal information as described below and with our affiliates and subsidiaries:  i) Third-Party Research: We share the bird detections and audio as well as labeled data with the Cornell University Laboratory of Ornithology, so that they may use such data for scientific research and to help improve the accuracy of the bird sound detection. This information sharing may include your unique user ID and email address. Other animal sounds may be shared with other research programs for scientific research. You may opt out of sharing certain data by changing the settings for the Site or device, as applicable; ii) Third-Party Service Providers: We employ other companies and individuals to perform certain functions on our behalf. Examples may include storing and analyzing data, providing customer service and order fulfillment. We do not authorize our service providers to use or disclose your personal information except as necessary to perform services on our behalf or comply with legal requirements; iii) Business Partners: We may partner with other businesses with whom we jointly offer products and services, and for fraud prevention purposes; iv) Business Transfers: As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, personal information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing privacy notice. Also, in the event that Scribe or substantially all of its assets are acquired, we reserve the right to transfer any personal information we have about you. This includes but is not limited to a merger, acquisition, joint venture, reorganization, divesture, dissolution, or liquidation; Protect Us and Others: We may release account and other personal information when we believe release is appropriate to comply with the law, enforce or apply our Terms of Service and other agreements, or protect the rights, property, or our safety or the safety of our users, or others. This may include exchanging information with other companies and organizations for fraud protection and credit risk reduction.

WHAT CHOICES DO I HAVE?

  • You may choose to keep your audio recordings private, so that other Bird Weather users cannot access or listen to those recordings. This is configured on the Settings page.
  • To the extent required by applicable law, you may have the right to request access to or delete your personal data. If you wish to do this, please contact customer service at support@birdweather.com.

HOW LONG DO WE KEEP PERSONAL INFORMATION?
We will keep your personal information while you have an account with us or while we are providing Products and/or Services to you. Thereafter, we will keep your personal information as long as is necessary:

  • To respond to any questions, complaints, or claims made by your or on your behalf;
  • To show that we treated you fairly, or
  • To keep records required by law.

We will not retain your personal information for longer than necessary for the purpose set out in this policy. Different retention periods apply for different types of personal information. When it is no longer necessary to retain your personal information, we will delete or anonymize it.

TRANSFERRING YOUR PERSONAL INFORMATION OUT OF THE EEA
To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), for example: With our office outside the EEA; With your and our service providers located outside the EEA; If you are based outside the EEA; or Where there is an international dimension to the services we are providing to you. These transfers may be subject to special rules under European, the UK and other data protection laws to the extent applicable. If you would like further information, please contact us or any Data Protection Officer  listed on our Site (see “How To Contact Us” below).

YOUR RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
Your rights under GDPR may include the following: i) Right to Access: The right to be provided with a copy of your personal information; ii) Right to Rectification: The right to require us to correct any mistakes in your personal information; iii) Right to be Forgotten: The right to require us to delete your personal information—in certain situations; iv) Right to Restriction of Processing: The right to require us to restrict processing of your personal information—in certain circumstances, e.g., if you contest the accuracy of the data; iv) Right to Data Portability: The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations; v) Right to Object: The right to object: at any time to your personal information being processed for direct marketing (including profiling); in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests; vi) Right Not to be Subject to Automated Individual Decision-Making: The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.  Please contact us or any applicable regulatory agency for any further information about each of these rights, including the UK Information Commissioner's Office (ICO).

HOW TO EXERCISE YOUR RIGHTS
If you would like to exercise any of your rights as described in this Privacy Policy, please:  Email/write to us at support@birdweather.com; Scribe Labs Inc., 151 Arbor Ln, Moss Beach, CA, USA 94038. Please note that certain applicable laws might limit the number of data access or data portability requests that can be made within a one (1) year period. If you choose to contact directly by email, or in writing, you may also need to provide us with:  Enough information to identify you (e.g., your full name, address and customer or matter reference number); Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and  A description of what right you want to exercise and the information to which your request relates. Under certain laws, we are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf. Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.

HOW TO FILE A GDPR COMPLAINT
We hope that we can resolve any query or concern you raise about our use of your information. The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred. The supervisory authority in each country can be found at https://edpb.europa.eu/about-edpb/board/members_en.

OTHER THIRD-PARTY SERVICES AND FEATURES
Our Site and mobile apps may provide links to other online services for your convenience and information, and may include third-party features such as apps, tools, widgets and plug-ins (e.g., Facebook or Twitter buttons). These third-party services and features may operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, is subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by us, we are not responsible for these third parties’ information practices. By using or engaging with such services and features, you are requesting and authorizing us to transfer or provide access to information on your behalf, for example, your account ID, email address, data about your device usage or collected by your device, as applicable, etc.

HOW DO WE PROTECT PERSONAL INFORMATION
We maintain administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

HOW CAN I REQUEST DELETION OF MY PERSONAL INFORMATION?
You may have the right under applicable laws, to request information about the collection of your personal information by us, or access to or deletion of your personal information. If you wish to do any of these things, please contact support@birdweather.com. We will not discriminate against any consumer for exercising any such rights. 

DO WE SELL PERSONAL INFORMATION?
No. In the twelve months prior to the effective date of this Disclosure, we have not sold any personal information of consumers.

POLICIES FOR CHILDREN
We recognize the importance of protecting children's online privacy. Our Products and Services are intended for a general audience and are not directed to children. We do not knowingly collect personal information online from children under the age of 13.

UPDATES TO OUR PRIVACY POLICY
This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a notice on our websites and mobile apps to notify you of significant changes to our Privacy Policy and indicate at the top of the notice when it was most recently updated.

HOW TO CONTACT US
If you have any questions about this Privacy Policy, or if you would like us to update information we have about you, change your preferences or exercise other applicable data protection rights, please contact us by e-mail at support@birdweather.com or write to us at: Scribe Labs Inc., 151 Arbor Ln, Moss Beach, CA, USA 94038.

 

 

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