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HomeAbout Usprivacy


PRIVACY POLICY

Last Updated: June 17, 2022



INTRODUCTION

This page (“Privacy Policy” or “Policy”) provides our policies and procedures
for collecting, using and disclosing your information and outlines the security
measures we’ve put in place to protect the information that you store using
BirdEye, Inc.'s ("Birdeye") services, including the services made available
through this web site, and any other software or services offered by Birdeye in
connection with such services (the “Services”). By using these Services, you
consent to the collection, transfer, processing, storage, disclosure and other
uses of your information described in this Privacy Policy.


WHAT INFORMATION DOES BIRDEYE COLLECT AND STORE?


PERSONAL INFORMATION

When expressing an interest in obtaining additional information about the
Services or registering to use the Services, Birdeye requires you to provide
your personal contact information, such as your name, company name, address,
phone number, and email address (these are referred to below as your “Personal
Contact Information”). When purchasing the Services, Birdeye also requires you
to provide financial 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”).


DATA, DIAGNOSTIC & LOGIN INFORMATION

Using Birdeye’s Services, you will be able to create, upload, store and share
information such as company description, email ID, logo, photos, custom emails,
user email IDs, etc. (this is collectively referred to below as “Data”). This
information will be stored and maintained on Birdeye’s web site. If you run into
technical errors in the course of using the Services, Birdeye may request your
permission to obtain a crash report along with certain logging information from
your system documenting the error (“Diagnostic Information”). Such information
may contain information regarding your Operating System version, hardware,
browser version (and .NET version information in case of Windows systems), and
your email address, if provided. Additionally, certain login information is
maintained in a cookie stored locally on your computer (i.e. not on a server) in
order to streamline the login process (“Login Information”).


ANALYTICS INFORMATION

As you navigate Birdeye’s website and use our Services, Birdeye may also collect
information through the use of frequently used information-gathering tools, such
as cookies and Web beacons (“Website 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 Birdeye’s website (such as web pages viewed
and links clicked). Collectively, this information is referred to as “Analytics
Information.”
Third party vendors, including Google, use cookies to serve ads based on a
user's prior visits to your website or other websites.
Google's use of advertising cookies enables it and its partners to serve ads to
your users based on their visit to your sites and/or other sites on the
Internet.
Users may opt out of personalized advertising by visiting Ads Settings or by
visiting www.aboutads.info.


GEO-LOCATION INFORMATION

Birdeye does not collect any information regarding your real-time geo-location
while using the Services; however, it may do so at some point in the future. We
will request your permission before collecting such information.


WHAT DOES BIRDEYE DO WITH THE INFORMATION IT COLLECTS?

Birdeye uses the information it collects in the following ways:

 * Personal Contact Information – We use this information primarily to
   administer our Services to you and provide you with updates and product
   announcements. Per the Privacy and Conditions, we may use some of your
   information for marketing purposes, as explained below.
 * Billing Information – Birdeye does not store any Billing Information on its
   servers. Instead, we use a payment provider, Recurly (www.recurly.com), to
   store and process all payment related transactions. Find information
   regarding Recurly’s privacy policy here.
 * Data, Diagnostic Information and Login Information – We use this information
   solely for the purpose of administering and improving our Services to you.
 * Analytics Information – Birdeye may use your Analytics Information in
   conjunction with an analytics service such as Google Analytics to monitor and
   analyze use of the Services, for the Services’ technical administration, to
   increase the Services’ functionality and user-friendliness, and to verify
   users have the authorization required for the Services to process their
   requests.


SHARING & DISCLOSURE OF PRIVATE INFORMATION


THIRD PARTY APPLICATIONS AND YOUR USE

Birdeye provides users with the ability to link to their Data on third party
sites such as Facebook, Twitter and LinkedIn. Such linking is at the complete
discretion of users. Because of this, Birdeye cannot be held responsible or
liable for the linking of user’s Data to such third party sites, nor for how
these third party sites use such links.


MARKETING AND PUBLICITY

Per our Privacy and Conditions, you agree to permit Birdeye to identify you as a
customer and to use your name and/or logo in Birdeye’s website and marketing
materials.


SALE OF PERSONAL INFORMATION

Birdeye does not sell, rent, or trade your private information to any third
parties in any way.


SERVICE PROVIDERS AND BUSINESS PARTNERS

Birdeye may use certain trusted third party companies and individuals to help us
provide, analyze, and improve the Services (including, but not limited to, data
storage, maintenance services, database management, web analytics, payment
processing, and improvement of the Services’ features). These third parties may
have access to your information strictly for the purposes of performing these
tasks on our behalf and under obligations similar to those in this Privacy
Policy.


NON-PRIVATE OR NON-PERSONAL INFORMATION

We may disclose your non-private, aggregated, or otherwise non-personal
information, such as usage statistics of our Services, in our discretion.


OUR USE AND DISCLOSURE OF INFORMATION

Birdeye will not disclose any personally identifiable information about any
individual except as set forth in this Privacy Policy. This applies to
information about our customers and information our customers provide to us
about their customers. We are not limited in any way in our use of non-personal
information that does not permit direct association with any specific individual
or non-identifiable aggregate information about our users (such as the number of
customers who use our services, the geographic distribution of our users, the
amount of information located and/or removed, etc.).


INTERNAL USES OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

 * We collect, store and process your personally identifiable information on
   servers located in the United States. Due to the unpredictable nature of
   Internet routing, your information may pass through other countries while in
   transit to our servers. We use the information we collect about you in order
   to:
   1. Develop and deliver our services
   2. Process your transactions
   3. Provide customer service and manage your account
   4. Improve our products, services and marketing.
 * We provide access to personally identifiable information about our users only
   to those who require it for the above purposes.
 * Birdeye will not sell or rent any of your personally identifiable information
   to third parties. Birdeye will not share any of your personally identifiable
   information with third parties except in the limited circumstances described
   below.
   1.  We share information with service providers under contract who help with
       our business operations such as payment and order processing, fraud
       investigation, bill collection, and information management and analytics.
       If content generation is included in your services, we may share
       information with service providers under contract to create, edit and/or
       publish such content. These third parties are obligated to protect your
       information and are contractually prohibited from using your personally
       identifiable information for any other purpose. They are never permitted
       to share your information with any third parties. They are authorized to
       use your personal information only as necessary to provide these services
       to Birdeye.
   2.  We disclose information that we, in good faith, believe is appropriate to
       cooperate in investigations of fraud or other illegal activity, to
       conduct investigations of violations of our Privacy of Use and/or to
       protect our right, protect your safety and the safety of others. For
       example, this means that if we conduct a fraud investigation and conclude
       that one side has engaged in deceptive practices, we reserve the right to
       provide that person or entity’s contact information (but not bank account
       or credit card information) to victims who request it.
   3.  We disclose information in response to a subpoena, warrant, court order,
       levy, attachment, order of a court-appointed receiver or other comparable
       legal process, including subpoenas from private parties in a civil
       action. If the subpoena seeks information about an identified subscriber
       or limited group of subscribers, we will make reasonable business efforts
       to contact the subscriber(s) before providing information to the party
       that requests it. We cannot guarantee that we will be able to do so in
       all cases, whether due to a time limit, court order, inability to
       effectively contact a subscriber, or other circumstances.
   4.  When a user signs up for a co-branded version of our service through
       links to Birdeye.com from our co-branded partner’s website, Birdeye will
       share with the co-branded partner that user’s name, e-mail address and
       physical address in order to provide enhanced integration between
       Birdeye’s services and the services of our co-branded partner. If you do
       not want your information shared with Birdeye’s co-branded partner, sign
       up for Birdeye directly through Birdeye.com and other sub-domains and not
       through a link from our partner’s website.
   5.  We disclose information to your agent or legal representative (such as
       the holder of a power of attorney that you grant, or a guardian appointed
       for you).
   6.  We share information with companies that provide public relations and
       marketing services for us. Such information will only be shared by us to
       customize, measure and improve our products, services and advertising. It
       will not be shared with third parties for their marketing purposes. These
       third parties are contractually obligated to protect your information and
       are prohibited from using your personally identifiable information for
       any other purpose.
   7.  As with any other business, it is possible that in the future, Birdeye
       could merge with or be acquired by another company. If such an
       acquisition occurs, the successor company would have access to the
       information maintained by Birdeye, including customer account
       information, but would continue to be bound by this Privacy Policy until
       it is amended.
   8.  We share your information with our parent, subsidiaries and joint
       ventures to help coordinate the services we provide to you, enforce our
       terms and conditions, and promote trust and safety.
   9.  The implementation of our Services, by its very nature, may require using
       your personally identifiable information to locate other information
       about you. Such use may include, but not be limited to, using your
       information to search the publicly accessible Internet sites as well as
       searching private information databases and sites.
   10. The implementation of our Services, by its very nature, may require
       revealing your personally identifiable information in order to effect
       removal of Internet content about you. For example, we may have to
       disclose your name to a website in order to notify them to remove
       Internet content about you. This occurs with your express permission for
       a specific, given purpose.


INTERNAL USES OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

We will retain your information for as long as your account is active or as
needed to provide you the Services. If you wish to cancel your account or
request that we no longer use your information to provide you the Services, you
may delete your account (this will be done by Birdeye’s customer care team). If
you delete your account, your Data will no longer be stored in our servers.
While we try to delete your Data from our servers as quickly as possible, please
be aware that there may be a delay from the time you delete your account to the
time that your Data is removed, and that some of your Data may continue to exist
for a period in backup copies.


CHANGES TO PRIVACY POLICY

 * If we decide to make material changes to our Privacy Policy, we will notify
   you by e-mail through the primary e-mail address specified in your account
   and/or post those changes to this Privacy Policy on the Website homepage
   prior to the changes taking effect. You are responsible for ensuring we have
   an up-to-date active and deliverable e-mail address for you.
 * You are also responsible for regularly reviewing the Privacy Policy and
   related documents. We reserve the right to modify this Privacy Policy at any
   time. No amendment to or modification of this Policy will be binding unless
   in writing and signed by a duly authorized representative of Birdeye, or
   posted to the Site by a duly authorized representative of Birdeye.
 * In the event that Birdeye goes through a business transition, such as a
   merger, an acquisition by another company, or a sale of a portion of its
   assets, users' personally identifiable information will, in most instances,
   be part of the assets transferred. Users will be notified via prominent
   notice on the site for 30 days after a change of ownership or control of
   their personally identifiable information. If, as a result of the business
   transition, a user’s personally identifiable information will be used in a
   manner different from that stated at the time of collection, users will be
   given a choice consistent with our notification of changes section.


INTERNAL USES OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

We will retain your information for as long as your account is active or as
needed to provide you the Services. If you wish to cancel your account or
request that we no longer use your information to provide you the Services, you
may delete your account (this will be done by Birdeye’s customer care team). If
you delete your account, your Data will no longer be stored in our servers.
While we try to delete your Data from our servers as quickly as possible, please
be aware that there may be a delay from the time you delete your account to the
time that your Data is removed, and that some of your Data may continue to exist
for a period in backup copies.

In addition to the principles, practices and policies set forth above in this
Privacy Policy, Birdeye has adopted the following principles to govern its
collection and processing of Personal Data:

 * Personal Data shall be processed lawfully, fairly, and in a transparent
   manner.
 * The Personal Data collected will only be those specifically required to
   fulfill Birdeye’s obligations to deliver the Birdeye service.
 * Personal Data shall only be retained for as long as it is required to fulfill
   contractual requirements.
 * Personal Data shall be adequate, relevant, and limited to what is necessary
   in relation to the purposes for which they are collected and/or processed.
   Personal Data shall be accurate and, where necessary, kept up to date.
 * data subject has the right to request from Birdeye access to and
   rectification or erasure of their Personal Data, to object to or request
   restriction of processing concerning the data, or to the right to data
   portability. In each case such a request must be put in writing to Birdeye.


ABOUT THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA)

Effective on January 1, 2020, the California Consumer Privacy Act (CCPA) allows
California residents to obtain certain information collected by the business
with whom they have established business relationships.
If you are a California resident, you may exercise certain rights to access,
restrict, or delete your personal information by submitting a request through
this link.


AUSTRALIAN USERS

If you are an Australian user accessing or using the Services from Australia,
the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained in
the Privacy Act 1988 (Cth) (“APP”) applies to personal information collected or
held by Birdeye or its Affiliates with an “Australian link” (within the meaning
of the Privacy Act). In addition, Birdeye is committed to complying with other
applicable Commonwealth, State or Territory privacy and data protection laws and
regulations.


COMMUNITY

Our Services may include publicly accessible community services such as blogs,
forums, and wikis. Please be aware that any information you provide in these
areas may be read, collected, and used by others who access them. Your posts on
these communities may remain even after you cancel your account.


QUESTIONS, COMPLAINTS AND CONTACTS

If you have any questions regarding this Privacy Policy, please contact us at
privacy@birdeye.com, or by U.S. mail at the address below:

Birdeye Inc.
Attn: Privacy Officer
250 Cambridge Ave, Suite 103
Palo Alto, CA 94306


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