Birdzee PRIVACY
POLICY effective August, 2005
This privacy policy applies to
http://www.Birdzee.com
and all websites and URL's controlled or operated
by Birdzee, Inc., which link to this policy, unless otherwise specified. Real Estate
services and Home Loans services are owned, operated and provided by LendingTree,
Inc., and not by Birdzee, and the privacy policies applicable to your use of those
services are governed by the privacy policies located on those websites.
This is a new privacy policy effective as of the date set forth above. Even if you
read and approved a prior policy, you need to review this new version as it has
been updated and revised.
Titles and headings are provided for general reference and ease of use only, as
information may be covered in more than one heading or under other headings.
If users have questions or concerns regarding this statement, they should first
contact Birdzee's privacy department at privacy@Birdzee.com.
Information
Collection
Registration and Service Professional Enrollment
In order to complete a service request or to enroll as a prospective service professional,
a user must first complete a registration form. During registration a user is required
to give contact information (such as name and email address). We use this information
to contact the user about services on our site for which they have expressed interest,
to inform service professionals of leads, and/or inform customers about service
professionals they matched to. By providing this information to us, or by submitting
a service request, you expressly consent to being contacted by us and by our service
professionals and providers via phone, fax, email, mail or other reasonable means,
at any of your contact numbers or addresses, in order that we may provide the services
set forth on our Web site, service your account, reasonably address matters pertaining
to your account or for other reasonable purposes related to our business. Unique
identifiers (such as username and password) are required. It is optional for the
user to provide demographic information (such as income level and gender) but encouraged
so we can provide a more personalized experience on our Web site. We also require
a
US
service professional's social security number or federal tax id number to complete
a background check (credit is not checked), prior to a
US
service professional being approved to join our network.
Service Request
We request information from the consumer in our service request interview process.
A user must provide detailed information about the service requested. No financial
information (such as credit card number, expiration date) is collected from the
consumer. This information is used to match consumers with appropriate service professionals.
The information may also be used to contact the consumer to verify or clarify their
service request or to customize the consumer's Web site experience or future Birdzee
communication.
Feedback, Ratings and Reviews and Testimonials
Additionally, we collect feedback from users (called ratings and reviews) about
the performance of Service Professionals who work for them. We also collect general
feedback and testimonials from users of our service and system. By providing such
feedback to us, you consent to our use, publication and/or distribution of such
feedback at no compensation to you, and if you are a Service Professional in our
system, you acknowledge that all such ratings and reviews are solely owned by Birdzee,
and you consent to the publication of ratings and reviews about you and your business.
Information
Use
Profile
We store information that we collect through the Web site experience and activities,
cookies, log files, clear gifs, and/or third parties to create a profile of our
users. A profile is stored information that we keep on individual users that detail
their viewing preferences, activities and interactions with Birdzee. Consequently,
collected information is tied to the user's personally identifiable information
to provide offers and improve the content of the site for the user. This profile
is used to tailor a user's visit to our Web site and to direct pertinent marketing
promotions and communications to them.
Cookies
A cookie is a piece of data tied to information about the user and stored on the
user's computer. We use both session cookies, which terminate when a user closes
his browser, and persistent cookies, which remain on the user's computer until manually
deleted.
By setting a persistent cookie, we enable our users to not have to log in with a
password more than once, thereby saving time while on our Web site. If users reject
these cookies, they may still use our Web site. The only drawback to this is that
the experience and/or access of a user may be limited in some areas of our Web site.
For example, the user may not be able to participate in any of our sweepstakes,
contests or monthly drawings that may take place. See the "Profile" section.
We may use third-party advertising companies to serve ads on our behalf and to monitor
certain pages of our Web site for the purpose of reporting web traffic, statistics,
advertisement 'click-throughs', and/or other activities on our site. These companies,
which may include OPM Performance Marketing ("OPM"), a division of Overture Services,
Inc. ("Overture") and Microsoft, Inc., may employ cookies and action tags (also
known as single pixel gifs or web beacons) to measure advertising effectiveness.
Any information that these third parties collect via cookies and action tags is
completely anonymous. If you would like more information about this practice and
your choices,
click here.
Third Party Advertising
Some of our business partners may use cookies on our Web site (for example, advertisers).
We have no access to or control over these cookies once our business partners have
been given permission to set cookies. This privacy statement covers the use of cookies
by Birdzee only and does not cover the use of cookies by any advertisers.
Log Files
Like most standard Web site servers we use log files. This includes internet protocol
(IP) addresses, browser type, internet service provider (ISP), referring/exit pages,
platform type, date/time stamp, and number of clicks to analyze trends, administer
the Web site, track user's movement in the aggregate, and gather broad demographic
information for aggregate use.
Clear Gifs (Web Beacons/Web Bugs)
We employ and/or our third party advertisers employ a software technology called
clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on
our site and marketing campaigns by informing us what content and which campaigns
are effective. Clear gifs are tiny graphics, about the size of a period at the end
of a sentence, with a unique identifier. Clear gifs are similar in function to cookies
and are used to track the online movements of Web users.
Clear Gifs can "work with" existing cookies on a computer if they are both from
the same Web site or advertising company. That means, for example, that if a person
visited "www.companyX.com", which uses an advertising company's clear gif, the Web
site or advertising company would match the clear gif's identifier and the advertising
company's cookie ID number, to show the past online behavior for that computer.
This collected information would then be given to the advertising company or Web
site. To learn more about our advertising partners' use of clear gifs, please contact
us at privacy@Birdzee.com.
In addition, Birdzee and its advertisers use clear gifs in HTML-based emails. This
allows us to gauge the effectiveness of certain communications and the effectiveness
of our marketing campaigns by showing how may emails have been opened by the recipients.
If users would like to opt-out of these emails, please see the Opt-out section.
Communications
from Birdzee and its Service professionals
Special Offers and Updates
We send all new members a welcoming email to verify password and username. Established
members will occasionally receive information on products, services, special deals,
and a bi-monthly newsletter. Out of respect for the privacy of our users we present
the option to not receive these types of communications. Please see the Choice and
Opt-out sections.
Newsletter
If a user wishes to subscribe to our newsletters, we ask for contact information
such as name and email address. Out of respect for our users privacy we provide
a way to opt-out of these communications. Please see the Choice and Opt-out sections.
Service Announcements
On rare occasions it is necessary to send out a strictly service related announcement.
For instance, if our service is temporarily suspended for maintenance we might send
users an email. Generally, users may not opt-out of these communications, though
they can deactivate their account. However, these communications are not promotional
in nature.
Leads Notifications and Trial Lead Notifications
If a user either signs up for our trial program or joins our service professional
network, and elects to receive their leads via email, that user will receive multiple
communications from us. Other ways we contact members of our service professional
network are via fax, pager, outbound IVR (interactive voice response), and/or cell
text (SMS) messaging. Members of our service professional network (or prospective
members enrolled in Free Trial) can designate and opt-in on our Web site or by contacting
customer service to receive leads in one or more of these formats.
Customer Service
We communicate with users on a regular basis to provide requested services and in
regards to issues relating to their account via email, fax, phone or mail, and we
reply to user inquiries via email or phone, or other reasonable means, in accordance
with the user's wishes where applicable.
Sharing
Information to Provide Services and to Conduct Our Business
When you submit information to Birdzee, you authorize us to share this information
with our network of service professionals and partners in order to try to provide
the services you request. For example, when an approved member of our service professional
network accepts a lead from a registered user, and that user indicates what personal
information they are willing to share so that the service professional can contact
the user, such as telephone numbers, physical addresses and email addresses, that
information is shared with our service professionals who have accepted a service
request lead. In addition, we have other approved contractual partners that fulfill
services requests, or that utilize their own service professionals to supplement
our network, and we share your information with them, subject to contractual confidentiality
restrictions, in order to attempt to provide the services requested. If using our
services pursuant to a membership with one of our partners, Birdzee may share your
service request activity information with such partner in certain circumstances.
We may also post and publish users’ ratings and reviews of Service Professionals'
performance, as well as feedback and testimonials at our sole discretion. We may
also release information to collection and/or credit agencies for past due service
professional accounts.
Though we strive to preserve user privacy, due to the existing regulatory environment,
we cannot ensure that all of your private communications and other personal information
will always remain confidential. By way of example, we may disclose personal information
when required by law wherein we have a belief that such action is necessary or advisable
to comply with a judicial proceeding, court order, legal proceeding, process or
investigation served on our business or Web site(s), or when we believe parties
are misusing or attempting to misuse our Web sites or services, including but not
limited to violating the law, committing fraud, deception, theft, attempting to
harm or divert our business, engaging in threatening or inappropriate behavior or
threatening to place, or placing themselves or others in danger. You should also
be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority
under certain circumstances to require us to share or transfer your information
to third parties. Finally, although we strive to protect your privacy, third parties
beyond our control may unlawfully intercept or access transmissions or private communications.
Therefore, we do not promise, and you should not expect, that your personal information
or private communications will always remain private.
Birdzee will not be responsible or otherwise liable for any use or disclosure of
your personal information by a third party to whom Birdzee is allowed to disclose
you personal information under this privacy policy.
Aggregate Information (non-personally identifiable)
Birdzee may share aggregated activity or statistical information with partners,
advertisers or others, but such information shall not contain personally identifiable
information.
Business Transitions
In the event Birdzee goes through a business transition such as a merger, being
acquired by another company, or selling a portion of its assets, users' personal
information will, in most instances, be part of the assets transferred. See also,
section entitled "Changes and updates to this policy..." set forth below.
Choice/Opt-out
Our users are given the opportunity to 'opt-out' of having their information used
for purposes not directly related to our Web site at the point where we ask for
information. For example, our service request form has an 'opt-out' mechanism so
users who submit a service request from us, but don't want any marketing material,
can keep their email address off of our marketing lists.
Users who no longer wish to receive our newsletter and promotional communications
may opt-out of receiving these communications by replying to unsubscribe in the
email or email us at
customerservice@Birdzee.com.
Users of our Web site are always notified when their information is being collected
by any outside parties (excluding our affiliates, service providers, or agents)
for marketing purposes. We do this so our users can make an informed choice as to
whether or not they should proceed with services that require an outside party.
Links and Integrated Partnerships
This Web site contains links from and to other Web sites. Please be aware that Birdzee
is not responsible for the privacy practices of such other Web sites. We encourage
our users to be aware of this when they leave our Web site and to read the privacy
statements of each and every Web site that collects personally identifiable information.
This privacy statement applies solely to information collected by Birdzee’s Web
site.
With some partners, Birdzee receives information concerning the service requested
by a consumer including personal or contact information that is inputted on a partner
Web site. This information is sent from the partner to us either in a batched format,
or via Internet technology such as XML, FTP or HTTP Post. This information may or
may not be encrypted by the partner. With other partners, Birdzee may provide information
concerning a consumer's service request, including contact information to other
partners to provide services.
Surveys & Contests
From time-to-time, Birdzee may request information from users via surveys or contests.
Participation in these surveys or contests is completely voluntary and the user
therefore has a choice whether or not to disclose this information. The requested
information typically includes contact information (such as name and mailing address),
and demographic information (such as zip code). Contact information will be shared
with the contest or survey sponsors (if Birdzee elects to utilize an outside promotions
or survey company) to notify the winners and award prizes. Survey information will
be used for purposes of monitoring or improving the use and satisfaction of our
services and this Web site.
Tell-A-Friend
If a user elects to use our referral service for informing a friend about our Web
site, we ask them for the friend's name and email address. Birdzee will automatically
send the friend a one-time email inviting them to visit the Web site. Birdzee stores
this information for the sole purpose of sending this one-time email and tracking
the success of our referral program. The friend may contact Birdzee at
privacy@Birdzee.com to request the removal
of this information from our database.
Security
"Perfect security" does not exist on the Internet and we do not guarantee security
of information or that unauthorized access will not occur. However, we take all
reasonable precautions when protecting your personal information. Servers that store
personally identifiable information are located in a supervised and/or locked facility.
Users' personal information off line is restricted by our internal security procedures,
and authorized access to such information is only provided to our employees and
contractors who reasonably need the information for their areas of responsibility
(for example, a billing clerk, a sales rep, a customer service representative or
management).
Your information may be transferred to and maintained in whole or in part on computer
networks which may be located outside of the state, province, country or other governmental
jurisdiction in which you reside, and may be stored on equipment or in facilities
leased or licensed from third parties.
If users have any questions about the security at our Web site, users can send an
email to privacy@Birdzee.com.
Verification and Supplementation of Information
In order for us to better conduct our business it is sometimes advisable or necessary
for us to verify and/or supplement the information we receive from service providers
and users of our Web site with information from 3rd party sources, provided that
such sources confirm to us that they are permitted to share such information, such
information is publicly available or the collection is required or authorized by
law. Examples of collection from other sources include collections from:
• insurance companies;
• government agencies or registries; and
• the Better Business Bureau;
Enhancement of Marketing Profile
Occasionally, we purchase third party marketing data and add it to our existing
user database to better target our advertising and provide pertinent offers we think
our users would be interested in. We use this information to enhance or overlay
the 'profile' of individual users. This aggregate marketing data is therefore tied
to the users' personally identifiable information. See also the "Profile."
Correcting/Updating/Deleting/Deactivating Personal Information
If a user's personally identifiable information changes (such as zip code, phone,
email or postal address), or if a user no longer desires our service, we provide
a means to access, correct, update or delete/deactivate users' personally identifiable
information. This can be done by emailing our Customer Support at
customerservice@Birdzee.com. Or, contact
us by telephone or postal mail at the contact information listed below. Please note
that deleting your account information will not delete all of your contact information
or other information contained on our systems, as much or all of this information
will be retained to preserve records of our commercial relationship with you, or
as required by law. Further, certain information may have already been provided
to third parties as described herein.
Denial of Access to Personal Information
Your rights to access your personal information are not absolute. We may deny access:
• when denial of access is required or authorized by law;
• when granting you access would have an unreasonable impact
on other people’s privacy;
• to protect our Company’s rights and property; or
• where the request is frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct Personal Information,
we will explain why.
Changes and Updates to This Policy and to Birdzee Services, Products and Functionality
of Web Site(s)
We reserve the right to change our information, features, services, products, policies,
promotions, disclosures and disclaimers at any time. Changes to this Policy will
be in writing and be posted on our Web site as applicable. Please check these terms
periodically for changes. At the top of the policy we indicate the date of an update.
The continued use of any Birdzee services or of the applicable Birdzee affiliated
web sites following the posting of changes to these terms will mean you accept those
changes.
Contact Information
If users have any questions or suggestions regarding our privacy policy, please
contact us at: 209-518-4623