Privacy Policy

Last Updated: 01/08/2024

Introduction

BirdEarly LLC ("BirdEarly" or "We") respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website(s) BirdEarly.com (collectively, the "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• On this Website.

• In email, text, and other electronic messages between you and this Website.

• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Any other website operated by BirdEarly or any third party (including our affiliates and subsidiaries); or

• Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children

Our Website is not intended for children, as defined under applicable law. Children may not provide any information to or on the Website. We do not knowingly collect personal information from children. If we learn we have collected or received personal information from a child without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child, please contact us at [email protected].

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or other identifiers by which you may be contacted online or offline ("personal information");

• About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• Directly from you when you provide it to us.

• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

• From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of requesting offers, creating or logging in to an investor account, downloading resources, contacting us, or subscribing to our newsletter. This information may include your street address, name, phone number, email address, credit card numbers, bank account numbers, company, password, information related to when you would like to sell and be out of your house, information related to the current condition of your property, information related to your reason for selling, information related to how you typically invest, the markets you operate in, your entity name, and investment profile, your real estate investment experience, and offer amounts.

• Records and copies of your correspondence (including email addresses), if you contact us.

• Information you provide when you apply for a job with BirdEarly. This may include your name, email address, telephone number, location (city), resume/CV, cover letter, school, degree, discipline, start date, end date, LinkedIn profile, website, and information related to how you heard about this job.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See Choices About How We Use and Disclose Your Information Choices About How We Use and Disclose Your Information for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.

• Store information about your preferences, allowing us to customize our Website according to your individual interests.

• Speed up your searches.

• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

• Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are provided by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across devices and different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

International Data Transfers

We may transfer the personal data we collect about you to countries other than the country in which the data was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the data. When we transfer your personal data to other countries, we will protect the data as described in this Privacy Policy and comply with applicable legal requirements providing adequate protection for the transfer of personal data to countries outside the EEA or the United States.

Data Retention

We retain personal data for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from the unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.

• To provide you with information, products, or services that you request from us.

• To fulfill any other purpose for which you provide it.

• To improve and optimize our Website and its content and deliver better and more customized user experiences.

• To effect advertising and marketing efforts.

• To collect and process applications for employment.

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.

• To notify you about changes to our Website or any products or services we offer or provide through it.

• In any other way we may describe when you provide the information.

• For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To investors, online real estate marketplace companies and brokerage providers, regional multiple listing services, escrow companies, title companies, and buyers.

• To our subsidiaries and affiliates.

• To contractors, service providers, and other third parties we use to support our business, including advertising networks, call tracking providers, data analytics providers, marketing providers, social networks (including links to our Facebook, Instagram, LinkedIn, Twitter, and YouTube pages), technology providers, video sharing platforms (including YouTube and Vimeo (for more information about YouTube, see Google’s privacy policy at: https://www.google.com/policies/privacy)), and web mapping platforms.

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of BirdEarly's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by BirdEarly about our Website users is among the assets transferred.

• To fulfill the purpose for which you provide it.

• For any other purpose disclosed by us when you provide the information.

• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

• To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of BirdEarly, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We do not respond to “Do Not Track” signals at this time (to find out more about “Do Not Track,” please visit http://www.allaboutdnt.com); however, we have created mechanisms to provide you with the following control over your information:

• Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. We use the Facebook Pixel to analyze user activity on our Website for remarketing and behavioral targeting. The Facebook Pixel is triggered when you perform certain activities on the Website, and aids us in displaying Facebook ads to Facebook users who have visited our Website, or Facebook users who share certain characteristics with visitors to our Website. Facebook and other third parties may use cookies, web beacons, and other storage technologies to collect information from the Website and from other Internet websites, and use that information for the purposes of targeting ads and providing measurement services. Facebook may track your activity over time and across websites. For more information about the data Facebook collects, please visit Facebook’s data policy at: https://www.facebook.com/privacy/explanation. For specific information about Facebook Pixel, please visit: https://www.facebook.com/business/help/742478679120153?id=1205376682832142. For more information about ad targeting and exercising your choice to opt out of the collection and use of information for ad targeting, please visit: https://www.facebook.com/help/568137493302217, or http://optout.aboutads.info/?c=2&lang=EN. Google Analytics also collects personal data through the Website, including through the use of cookies. For information about how Google Analytics collects and processes data, please visit: https://policies.google.com/technologies/partner-sites or privacy policy at: https://policies.google.com/privacy?hl=en&fg=1. To opt out of having your information used by Google Analytics, please visit: https://tools.google.com/dlpage/gaoptout/. For more information, please visit Google’s privacy policy at: https://policies.google.com/privacy?hl=en&fg=1.  Microsoft also collects or receives personal information from us to provide Microsoft Advertising. To that end, individual end user tracking and data sharing with third parties for advertising and marketing purposes is taking place on our web properties. For more information, please visit the Microsoft Privacy Statements:  https://privacy.microsoft.com/en-us/privacystatement.

• Disclosure of Your Information for Third-Party Advertising. We do not share your personal information with unaffiliated or non-agent third parties for promotional purposes unless you provide explicit consent when submitting BirdEarly’s [form]. If you have previously given consent and wish to withdraw it, you can opt-out by sending us an email stating your request to [email protected].

• Promotional Offers from BirdEarly. If you do not wish to have your information used by BirdEarly to promote our own or third parties' products or services, you can opt-out by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions, or click “unsubscribe” in the relevant communication. If we have sent you a promotional text message, you may opt out of receiving further messages by replying “STOP” to the relevant communication. This opt-out does not apply to information provided to BirdEarly as a result of a product purchase, warranty registration, product service experience, or other transactions.

• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email stating your request to [email protected]. We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website (https://thenai.org/). You can also visit the Digital Advertising Alliance’s opt-out page at: https://youradchoices.com/.

California Privacy Rights and Other State Privacy Laws

Except as otherwise provided, this section applies to residents of California, Colorado, Connecticut, and Virginia to the extent they have privacy laws applicable to our Website that grant residents the rights described below, including the California Consumer Privacy Act (“CCPA”), the Colorado Privacy Act (“CPA”), the Connecticut Act Concerning Personal Data Privacy and Online Monitoring (“PDPOM”), and the Virginia Consumer Data Protection Act (“CDPA”) (collectively, the “State Privacy Laws”).

Please note that not all rights listed below may be extended to all users of our Website.  If you are not a resident of one of these states listed above, you may not be able to exercise these rights. For purposes of this section, “Personal Information” has the meaning given to “personal data”, “personal information” or similar terms under the applicable privacy laws of the state in which you reside, but does not include information exempted from the scope of the State Privacy Laws.

Your Privacy Rights

Information/Know. You can request the following information about how we have collected and used your Personal Information during the past 12 months:

• The categories of Personal Information that we have collected.

• The categories of sources from which we collected Personal Information.

• The business or commercial purpose for collecting and/or selling Personal Information.

• The categories of third parties with whom we share Personal Information.

• The categories of Personal Information we have sold or disclosed for a business purpose.

• The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.

Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.

Appeal. You can appeal our denial of any request validly submitted.

Correction. You can ask us to correct inaccurate Personal Information that we have collected about you.

Deletion. You can ask us to delete the Personal Information that we have collected from you.

Opt-out of the Sale or Sharing for Targeted Advertising Purposes. You can opt-out You can opt-out of the sale of Personal Information and of certain processing of Personal Information for targeted advertising purposes.

Nondiscrimination. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as denying you services; increasing the price/rate of services; decreasing service quality; or suggesting that we may penalize you as described above for exercising your rights.

Right to opt-out of the “sale” of your Personal Information or “sharing” of your Personal Information for Targeted Advertising. We do not sell your Personal Information in the conventional sense (i.e., for money). However, like many companies, we may share certain information with third parties and we use services that help deliver interest-based ads to you. State Privacy Laws may classify this data sharing and our use of these services as a “sale” or “sharing” of your Personal Information to the advertising partners that provide these services. You can request to opt-out out of this “sale” or “sharing” of your personal information by emailing [email protected].

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. California’s “Shine the Light” law (Civil Code § 1798.83) permits users of our Website who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. 

How to Exercise Your Rights

You may exercise your Privacy Rights described above by emailing [email protected]. Please note, we may not be able to process your request if you do not provide us with sufficient detail to allow us to confirm your identity or understand and respond to it.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.  The safety and security of your information also depends on you. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users' personal information, we will notify you in accordance with applicable law. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: [email protected].