The following terms and conditions apply from July 9th 2020.
1.1 Thank you for using Byrd. Byrd is incorporated as Byrd ApS, CVR number 38 31 17 27, with a registered office at Vognmagergade 10, DK-1120 Copenhagen, Denmark. You can reach Byrd at +45 71 99 88 95 or at firstname.lastname@example.org.
1.2 Byrd is a global platform for user-generated videos and photos and for content from professional photographers (collectively referred to as "Content") that has news value or is of public interest. Byrd purchases licenses to Content from Users and resells such licenses to other Users through its web app and on any Byrd owned URL’s now known or hereafter created. All of these services are collectively called "the Service". The Service can be accessed through web and applications for mobile devices (collectively called "the Platform"). To access the Service, you need to be a user ("User", in plural "Users"). You (referring to the User) become a User once you have set up a User Account as either Photographer or Media ("User Account"). If you purchase a license from Byrd to any Content, you become a Licensee ("Licensee"). If you sell a license to any of your Content to Byrd, you become a Licensor ("Licensor").
1.4 As long as you are in compliance with the conditions of this Agreement and all incorporated documents, Byrd hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable and non-exclusive access to use the Service. No rights not explicitly listed are granted to you.
1.5 All objects appearing on Byrd, including but not limited to the Content, text, layout (e.g. graphics, logos, names, designs, page headers, button icons, scripts, and service names) and sound, are protected by intellectual property rights or ownership rights and belongs to either Byrd, a User or a third party, whom Byrd has entered into an agreement with. You may not use the above-mentioned for any purpose whatsoever other than as permitted by this Agreement.
1.6 Byrd may revise or update this Agreement by posting an amended version through the Service. If a modification is significant, Byrd will make you aware of the modification, either through the Service, and/or through contact information provided by you. Your continuous use following a such update is considered as an acceptance of the updated Agreement. If you do not accept the update, you must stop using the Service.
1.7 Byrd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.
1.8 Any not utilized enforcement of this Agreement does not constitute a waiver of rights of Byrd, see further in subsection 10.3.2.
2. USER ACCOUNT
2.1 Usage requires a User Account. For the Licensor it is free to set up a User Account. For the Licensee, a subscription plan with Byrd is required when creating a User Account.
2.2 When you set up a User Account, you guarantee that the information provided by you is correct and sufficient and that you will revert to Byrd if this information changes. You also guarantee that you will keep your password information safe and that you will instantly inform Byrd in case of any unauthorized usage of your User Account.
2.3 Byrd may use your contact information for administrative or verification purposes related to your Content or in relations to specific projects.
2.4 All Licensors must choose to be either a hobby photographer or a professional photographer. You are a hobby photographer if your Content is not created as part of your profession and you are a professional photographer if your Content is created as part of your profession. Both natural persons and legal entities can be either.
2.5 The User Account is strictly personal and you can only use your own personal User Account, see however subsection 2.7.
2.6 If you are a natural person, you must be at least eighteen (18) years old to use the Service. By using the Service, you guarantee that you meet this minimum age requirement.
2.7 If you are a legal entity, all your employees are entitled to use the User Account in their work, regardless of subsection 2.5. All your employees using the User Account must then be at least eighteen (18) years old.
2.8 Byrd does not investigate or perform any background checks on Users. Therefore, it is up to you to ensure your own safety in your interactions with other Users of the Service and in your activities conducted in connection with the Service.
2.9 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Byrd as a result of this Agreement or your use of the Service. You can therefore not commit Byrd or act on any other Users behalf.
2.10 Some parts or all of the Service may not be available to the general public, and Byrd may impose rules of eligibility from time to time. Byrd reserves the right to amend or eliminate these eligibility requirements at any time
3. USER CONTENT
3.1 You can use the Service for publishing Content, purchasing licenses from Byrd to Content and to sell licenses to Byrd to Content. You can purchase Content through requesting a sale of license to a specific piece of Content, while you sell a license to a specific piece of Content through publishing Content on the Platform or responding to a specific request or to offer Content. All Content on the Platform is the property of the User, who uploaded the Content and the Content is protected by intellectual property laws. After a sale of a license by a Licensor to Byrd and a resale of the license by Byrd to a Licensee the Licensor retains full rights and ownership of the Content, subject to the terms of this agreement.
3.2 You are under no obligation to publish Content through the Service once you have set up your User Account. If, however, you choose to publish any Content through the Service, you hereby grant Byrd a perpetual, revocable, transferrable, sub-licensable, worldwide, fully paid up, royalty-free, right to display, purchase and resell a license to your Content. As part hereof Byrd may display your Content for marketing purposes. The display can be on any media now known or hereafter created.
3.3 Byrd is not obligated to purchase licenses to any Content you publish through the Services but has at all times the right to purchase licenses at its own discretion.
3.4 You agree that you will not violate any applicable law or regulation in connection with your use of the Service.
3.5 When publishing Content on the Platform, you guarantee that:
3.5.1 The Content is your own original creation.
3.5.2 You possess all necessary rights to dispose of the Content, including but not limited to all the necessary rights to publish and potentially sell the right of use to Byrd with the right for Byrd to resell such right of use to a third party.
3.5.3 The Content does not infringe any intellectual property rights.
3.5.4 The Content is not libelous, defamatory, pornographic, obscene, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying or otherwise objectionable;
3.5.5 The Content does not contain or entail any privacy violations;
3.5.6 The Content is correct, real and not staged with the intention to sell;
3.5.7 The Content is not assigned to any other contract, agreement or license, in instances where the Content is requested sold as an Exclusive time limited license, see further in subsection 4.4;
3.5.8 That you will not modify, adapt, translate, copy or disassemble any portion of the Service;
3.5.9 That you will not interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
3.5.10 That you will not transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
3.5.11 That you will not publish or otherwise provide false, incomplete or misleading information on the Service.
3.7 If you request Byrd to remove your Content from the Service, the right of Byrd to market your Content automatically repeals thirty (30) days after your request.
3.8 You can report Content and User behavior if the Content or User behavior is subject to a breach of the User Agreement. See clause 11.
3.9 Byrd retains the right to, at any given time and at Byrd's sole discretion, to remove Content that might be subject to breaches with this Agreement.
4. LICENSE TYPES
4.1 Users are able to sell and purchase published Content to/from Byrd through licenses. Users are also able to request production of Content for a potential sale of license, see section 5. The User may at any time choose to change the license type of the Content going forward.
4.2 The Service offers two types of sales of licenses to Content; non-exclusive license and exclusive time-limited licenses, c.f. with below.
4.3 Non-exclusive license:
4.3.1 The Licensee gains the right of use to a specific piece of Content for editorial use by the media. Depending on the subscription plan of the Licensee (c.f. with), the following rights are granted: https://www.byrd.news/pricing
18.104.22.168 Pro, Premium and Enterprise subscription: The piece of Content can be used by the Licensee across several projects, including but not limited to reproduction and distribution on different media types and platforms, including social media, as long as the subscriber has an ongoing subscription with Byrd.
22.214.171.124 Pay-as-you-go subscription: The piece of Content can be used by the Licensee once on a digital platform, including social media.
4.3.2 The Licensee retains a perpetual right to use and store editorial products containing the licensed Content. The use of the Content by the Licensee is subject to clause 6. The price is subject to clause 7.
4.4 Exclusive time limited license
4.4.1 The Licensee gains an exclusive right of use to a specific piece of Content for editorial use by the media. The use must be within a specific Country for a period of twelve (12) months. The Licensee can purchase the exclusive time limited license with all types of subscription plans. The Licensee can only store and process the licensed Content to the extent necessary to use the Content and only within the granted period of twelve (12) months. However, the Licensee retains a perpetual right to use and store editorial products containing the licensed Content, as long as these editorial products have been produced within the twelve (12) month period. The Content in this category must be created through Byrd's mobile device application in order to enable geographical identification of the Content or created by a verified professional photographer. If the Licensee wants to use the Content in several countries simultaneously, the Licensee must purchase an individual right for every country of which the Content is intended to be used within. The use of the Content by the Licensee is subject to clause 6. The price is subject to clause 7.
4.5 Byrd obtains a right from Licensors to buy licenses to Content published on the Platform as set out above and resell such licenses to Licensees.
4.6 All Licensors retain the rights to use their Content in personal portfolios and exhibitions regardless of the rights granted to the Licensee.
5. REQUEST FOR CONTENT
5.1 The Service permits the Users to put forward requests for Content. Requests will specify the type of Content, license type and optional price range as well as deadline for other Users' submission of Content.
5.3 A request for Content cannot be unlawful, defamatory or encourage offensive or inappropriate behavior. Byrd always maintains the right to, at its own judgement, remove a request in case Byrd finds the request to encourage such above-mentioned elements. The requesting User does not receive any compensation of any sort in case of a removal.
5.4 Byrd and Users can reply to a request for Content.
5.5 Some Users may request other Users to engage in certain activities in order to produce certain Content. If the User chooses to do so, such activities are at the producing User's absolute sole risk. The producing User understands and agrees that Byrd is not responsible for any damage, injury, death or harm that the User may suffer as a result of the User's activity in response to requests on the Service.
5.6 If a User, who has put forward a request for Content, does not find the published Content satisfactory, the Content will maintain available on the Service for other Users to purchase licenses for. No damages can be inquired in this case. Users understand and agree that Byrd is not responsible for any damages suffered in relations hereto.
6. LICENSE GRANT
6.1 When Byrd purchases a license to Content as set out in section 4 from a Licensor, Byrd gains the right to resell the license to the Licensee.
6.2 When a license is resold by Byrd to a User, the User publishing the Content on the Platform becomes the direct Licensor towards the Licensee, while the User purchasing the license from Byrd for the use of the Content becomes the Licensee towards the Licensor.
6.3 Both the Licensee and the Licensor agree and acknowledge that Byrd is solely the reseller of the licenses through the Service and that Byrd is not granting any licenses to the Licensee. Further, both the Licensee and the Licensor agree and acknowledge that Byrd following the resale of the license to the Licensee has no rights or obligations towards the Licensee, Licensor or any other parties under the license.
6.4 The license entails that the Licensee is entitled to use the purchased Content for editorial purposes, see subsection 6.8. The Licensee cannot sell or assign the right of use to any third party, however notwithstanding the allowed use on social media, c.f. with section 4. The Licensee guarantees that any use relating to the purchased Content is in accordance with this Agreement.
6.5 If the Licensee has any subsidiaries or affiliated companies, the Licensee can only use the license within its own legal entity. A use in another legal entity necessitates a separate purchase for that legal entity. The Licensee can however contact Byrd at email@example.com to enter into a specific agreement.
6.6 Licensee cannot use the Content as a logo or trademark, neither fully nor partially.
6.7 The Licensee can only use the Content for editorial purposes and in connection to editorial content. This means that the use of the Content must be in connection to, or in regards to, events of news value or public interest and must be suitable for either online media (e.g. newspaper websites, internet media), TV-stations, web-TV-stations, magazines, papers or other physical media and other related publications. Apart from the above the Content cannot be used for any commercial purposes, including but not limited to activities such as advertisement, marketing and other activities directly related to commerce.
6.8 The Content may not be altered nor made accessible to the general public in a manner or in a connection that is violating the author's literary or artistic reputation or character. The Licensee using Content of artistic character must at all time give credit to the Licensor. Licensee is allowed to crop the Content as long as the Licensee still credits the Licensor when using the Content.
6.9 The license to the Content is sold to the Licensee by Byrd "as is" and "as available" and no additional guarantee, whether directly or indirectly, can be given. The Licensee accepts and acknowledges that upon purchase of a license from Byrd granted by the Licensor, the rights and obligations related to the use of the license are entirely between the Licensee and the Licensor.
6.10 The Content must comply with the following rules of reference:
6.10.1 Crediting the Licensor: The Licensee using Content must at all time give credit to the Licensor. The credit should appear as follows: “Byrd/[insert Content owner name]”.
6.11 Identifiable person or persons: It is the responsibility of the User to gain the specific, informed and voluntary consent from the identifiable person or persons in the Content before uploading it to the Platform.
7. PAYMENT OF LICENSE
7.1 Purchase of licenses:
7.1.1 To purchase a license, you must have a subscription plan with Byrd. The subscription plans and the – at any time being – terms and conditions for these are described on www.byrd.news/pricing.
7.1.2 The price for Content purchased with a non-exclusive license is listed on the at any time valid price list:
7.1.3 The price for Content purchased with an exclusive time limited license is decided by the Licensor, however never exceeding the exclusive maximum price listed at: www.byrd.news/pricing
7.1.4 The license does not entail any royalty payments.
7.2 Sale of licenses:
7.2.1 To sell a piece of Content through a non-exclusive license, a hobby Licensor receives €15 per photo Content, €30 per album Content and €30 per video Content from Byrd. A professional Licensor receives €30 per photo Content, €45 per album Content and €60 per video Content from Byrd.
7.2.2 To sell a piece of Content through an exclusive time-limited license, the hobby Licensors and professional Licensors set the price of photo Content on behalf of Byrd, album Content or video Content. The price for Exclusive content can be set between €60 and €3000. The Licensor receives the full amount from Byrd if sold by Byrd to a Licensee.
7.3 No VAT or potential other fees are included. Such fees and VAT will be applied as an add-on to the price in accordance with applicable legislation. The Licensee is solely responsible and liable to ensure that all fees, taxes, VAT and other payments relating to the Licensee's purchase of a subscription plan from Byrd have thoroughly been paid. Likewise, the Licensor is solely responsible and liable to ensure that all fees, taxes, VAT and other payments relating to the Licensor's sale of a license to Byrd have thoroughly been paid.
7.4 No refunds can be made and Licensee must pay the full amount for the purchased license, regardless the condition of the Content to Byrd. However, the Licensee is entitled to file a complaint accordingly to clause 11. Byrd may then, at Byrd's sole discretion, choose to provide the Licensee another similar piece of Content.
7.5 Licensor cannot perform any off setting subject to a counterclaim.
8. LIABILITY AND INDEMNIFICATION
8.1 Byrd guarantees to have the right to resell licenses to Content granted by Licensors to Licensees as set out in this agreement.
8.2 The Licensee and the Licensor agree and acknowledge that Byrd will have no liability towards the Licensee or the Licensor or any other parties in regards to the license or the Content in terms of logos, designs, architecture, furniture, persons or other subjects depicted in the Content.
8.3 Licensor is solely liable for the Content under the granted license and it is up to the Licensee, to assess whether a third party approval is necessary to ensure compliance and avoid intellectual property infringements. Byrd does not review, control or endorse any published Content. Therefore, Byrd is not liable in any way in relation hereto.
8.4 The User agrees to defend, indemnify and hold Byrd and Byrd's suppliers harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses. Byrd is not liable for any losses suffered by the User or losses due to any agreements between Users. Therefore, Byrd cannot be held liable for any losses suffered by this use, including but not limited to errors and/or defects or unauthorized usage of the User Accounts.
8.5 Byrd is not liable in case your User Account name entails that you can be identified through your Content. In the case of a data loss, fail of system, lack of accessibility, delays, disruption or likewise, Byrd will try its utmost to restore the loss of data due to available backups to the extent possible, but does however, not hold any liability in this relation.
8.6 While Byrd make reasonable efforts to ensure that the Service remains available at all time, Byrd do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and Byrd do not guarantee that you will be able to access or use the Service, or its features, at all time.
8.7 Byrd does not guarantee any certain amount of Content at the Service. Nor does Byrd guarantee the saleability of any Content. Thus, Byrd cannot be held liable if the amount or a specific piece of Content is removed from the Service or if a piece of Content is never licensed and sold.
8.8 Byrd is not liable for any typographical errors or inaccuracies and reserves the right to correct any of such errors.
8.9 When referring to Byrd in this clause, Byrd's parents, subsidiaries, affiliates, directors, shareholders, members, managers, employees and suppliers, are also held under the same indemnifications.
9. FORCE MAJEURE
9.1 Byrd cannot be held liable, directly or indirectly, in any way in the event of force majeure. Amongst recognized force majeure events are; war, nature disasters, strikes, fires and other conditions of which Byrd is not in charge of. In case of a force majeure event, delivery according to this Agreement is suspended until the force majeure condition is passed. If the delay remains for more than a month, both parties can terminate the license agreement (as stipulated in clause 6) without notice and without payment of compensation or damage to the other party.
10.1 The Service may contain links to third party webpages. Byrd does not endorse any website or services through the provision of such a link. Thus, Byrd cannot be held liable in any way in regards to these third parties and their use of your information, that you provide them with, once you visit their webpage.
10.2 Byrd may assign Byrd's rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Byrd's prior written consent, and any unauthorized assignment by you will be null and void. However, see subsection 2.7.
10.3 If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect and will not affect the validity and enforceability of any remaining Agreement.
11.1 If you find any Content to be abusive or infringing, you must immediately inform Byrd by sending an e-mail to Byrd at firstname.lastname@example.org. The complaint must contain: i) a description of the Content, ii) a description of where on the Platform the Content can be localized iii) your contact information.
12. CHOICE OF LAW AND VENUE
12.1 If a dispute cannot be solved through a complaint process, disputes must be solved by the City Court of Copenhagen. All disputes will be subject to Danish law.
12.1 In case of any contradictions in different language versions of the Agreement, the English version shall prevail.
1.2 Byrd will only process your personal data in accordance with this Privacy Notice and applicable law to which we are subject, including the General Data Protection Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the "GDPR") and the Danish Data Protection Act No. 502 of 23 May 2018 supplementing the GDPR, any amendments thereto and other such legislation supplementing these rules.
1.3 Byrd is data controller in relation to your personal data. All enquiries must be made via the contact information specified in Section 10.
1.4 Byrd and Facebook are joint controllers in relation to personal data, which is collected via Facebook's analytics tool ”Facebook Page Insights", when you visit Byrd's Facebook page. Read more under Section 2.3.
2. THE DATA WE COLLECT, THE PURPOSE AND THE LEGAL BASIS FOR PROCESSING
2.1.1 The Purpose of our processing is to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you have provided to them or that they have collected form your use of their services. We will only process this information, if you provide consent hereto, when first visiting the Sites (article 6(1) (a) of the GDPR).
2.2 When you sign up for our newsletter, we collect personal data about you, including your name, email address, IP address and potentially mobile number.
2.2.1 The purpose of our processing is to send you newsletters on your request and to be able to document your consent to receive marketing materials. Further, it is for us to pursue our legitimate interest in marketing our services and to compile statistics for optimising the newsletters (article 6(1) (b) and (f) of the GDPR).
2.3 When you visit our Facebook Pages, please note that we use Facebook's analytics tool "Facebook Page Insights", in order to obtain visitor statistics, and insights into users' behavior on the page, including number of likes and unlikes, total page views and interactions, sharing, etc.
In this regard, Byrd and Facebook collect your personal data as joint controllers. When you visit our Facebook Page, you will have access to information about this processing. You can find more information here: https://www.facebook.com/legal/terms/information_about_page_insights_data
Byrd has entered into a joint controllership agreement with Facebook. You can read the agreement here: https://www.facebook.com/legal/terms/page_controller_addendum
2.4.When you register to become a User (photographer) and publish and sell licenses to Content, Byrd will process your personal data, such as name, date of birth, sex, title (hobby or professional photographer), email address as well as information about purchases and sales on the Platform, including chat conversations in our chat solution.
If you choose to use your Facebook, Twitter or Google account, when you register to become a user, you allow us to collect the following information from your Facebook, Google or Twitter Profile, if available; email, and public profile; first name, last name,middle name, name, name_format, picture and short-name.
2.4.1 The processing of your name, date of birth, email and sales history is necessary for the performance of the contract i.e. in order to fulfil the User Agreement, providing you with the Service (facilitate publishing and sales of Content), administration of your User account and to comply with obligations imposed on Byrd by applicable law (article 6(1) (b) and (c) of the GDPR).
2.4.2 The processing of your sex is necessary for the purpose of pursuing Byrd's legitimate interest in providing you with relevant requests and assignments. Byrd uses the data for analytical purposes to continuously improve and optimise the Platform to your interests and needs (article 6(1) (f) of the GDPR).
2.5 If you, during the registration to become a User (Photographer), have given your consent, we will collect information on the geographical location of your mobile device(s). Further, if you also consent hereto, we will log your device's movement patterns over the past 24 hours (logging will only be relevant for users who opt-in to participate in the verification project).
2.5.1 The processing of the geographical location of your mobile device(s) is firstly for the purpose of enabling us to send you "push" notifications via the app and by SMS, emails or other technologies with geographically relevant photo- and/or video ("Content") assignments from Media Users directly to your device(s), in case you are nearby a particular location of interest. Secondly, for the purpose of enabling us to technically validate the authenticity of your Content (which serves as means to establish its news value as well as a measure against maldistribution of Content). For this purpose we will log the movement patterns of your device(s) over the past 24 hours on an ongoing basis. Data older than 24 hours will be overwritten and any old location data is deleted. However, the date, time and location of capture, will be saved for as long as the Content is on our Platform.
We will only process the location of your mobile device(s) if you provide consent hereto, but without your granular consent we cannot provide the above Services to you (article 6(1) (a) of the GDPR).
2.6 When you register to become a User (Media) and purchase licenses to Content, Byrd will process your personal data, such as name, date of birth, sex, title, company name, job function, email address as well as information about purchases and sales on the Service including conversations in our chat solution.
2.6.1 The processing of your name, date of birth, company name, email and sales/purchase history is necessary for the performance of the contract i.e. in order to fulfil the User Agreement, providing you with the Service (facilitate sales/purchases of Content), administration of your User account and to comply with obligations imposed on Byrd by applicable law (article 6(1) (b) and (c) of the GDPR).
2.6.2 The processing of your sex, title and job function is necessary for the purpose of pursuing Byrd's legitimate interest in providing you with relevant Content. Byrd uses the data for analytical purposes to continuously improve and optimise the Platform to your interests and needs (article 6(1) (f) of the GDPR).
2.7 When you use Byrd's Service for purchases or sale of licenses or other financial transactions, Byrd collects information about the transaction. This includes your payment information, such as the name of your bank and your bank details including IBAN. We can also process your credit card detals or other card information, account and verification information as well as billing information and contact details ("Payment Information").
2.7.1 The processing of your Payment Information is necessary in order to fulfill the User Agreement providing you with the Service (article 6(1) (b) of the GDPR).
2.8 Byrd may send you questionnaires in which you can provide feedback on the Byrd Platform. In connection hereto, Byrd will process your personal such as [your name, profil name, email address and your responses to the questionnarie(s)].
2.8.1 The processing of your [name, profil name, email address and your responses to the questionnarie(s)] is necessary for the purpose of pursuing Byrd's legitimate interest in improving and optimising the Platform based on your feedback, in order to make it even better in the future (article 6(1) (f) of the GDPR).
2.9 To the extent that Byrd refer to our legitimate interest as the legal basis for the processing of personal data specified above (article 6(1) (f) of the GDPR), we have conducted a balancing test for those interests to ensure that our interests are not overridden by your interests or fundamental rights and freedoms. Please contact Byrd by using the email provided in Section 10 below if you wish to receive more information on the balancing test.
3. HOW IS YOUR PERSONAL DATA COLLECTED
3.1 We will in most cases collect your personal data directly from you, for example when you visit our Website or sign up for newsletters and/or sign up as User to our Platform. However, we may also collect your personal data from other sources including Twitter and Linkedin for example in connection with https://twitter.com/byrdstories & https://www.linkedin.com/company/byrd-news/.
4. DISCLOSURE OF YOUR PERSONAL DATA
4.2 When you sign up to create a User Account you accept that Byrd may disclose your name and your uploaded Content to other Users. The personal data is disclosed to other Users for the purpose of being able to facilitate purchases and sales of licenses. Byrd is not responsible for the Users processing of your personal data.
4.3 Your personal data may be shared with our data processors. Byrd use external companies to provide hosting and software in order to enable the Service and to undertake the technical operation of the Platform and Service and other assistance related hereto. For instance, Byrd's suppliers assist Byrd in connection with carrying out statistical, marketing related or operational tasks, including with the purpose of collecting and analysing information about Byrd's Users' demographic composition, interests, consumption patterns and other matters. These companies are data processors under Byrd's instruction and only process data for which Byrd are data controller. The data processors must not use the data for another purpose than instructed by Byrd.
4.3.1 We have entered into data processing agreements that comply with article 28 of the GDPR with all our data processors to ensure that such data processors implement appropriate organisational and technical security measures in such a way that the processing complies with the requirements of the GDPR and ensures the protection of your rights.
4.4 Your personal data may also be disclosed to our legal advisors, insurance companies, accountants and business partners, the tax authorities and other public authorities to the extent this is necessary or if we are is required to do so to comply with legal obligations.
5. TRANSFER OF YOUR PERSONAL DATA TO THIRD COUNTRIES
5.1 Some of our data processors, Firebase, Google Analytics, Mapbox, Heroku, Amazon, Algolia, Digital-Ocean, Mailchimp, SendGrid, HubSpot, Docker and Slack are established in USA. The appropriate safeguards to transfer personal data to USA are secured, as the data processors are certified under the EU-U.S. Privacy Shield (article 45 of the GDPR).
5.1.1 A copy of our data processors' certificates can be found here, by typing in company name: https://www.privacyshield.gov/list
5.1.2 Documentation of the Commissions Standard Contractual Clauses having been entered into between Byrd and Docker, Inc. can be obtained on request via the contact information specified in Section 10.
6. LINKS TO OTHER WEBSITES
6.1 The Platform contains links to other sites. Byrd is not responsible for the privacy practices or the contents of such other sites and Byrd therefore recommend you to become acquainted with such third party policies.
7. DATA SECURITY
7.1 Byrd has put appropriate technical and organisational measures in place, to prevent your personal data from accidental or unlawful destruction, loss, alterations, unauthorised disclosure or misuse of, or access to personal data transmitted, stored or otherwise processed. Byrd's technical and organisational measures will be revised and updated regularly to ensure safety.
8. YOUR RIGHTS
8.1 Under certain circumstances, you have one or more of the following rights:
8.2 You have the right to request access to your personal data. This enables you to receive a copy of the data Byrd is processing about you and to check that Byrd is doing so in a lawful manner, e.g. which information Byrd has registered about you, the processing purpose(s), the categories of personal data concerned and the recipients to whom the information have been or will be disclosed. For delivery of any further copies, Byrd is entitled to charge a reasonable fee based on the administrative costs. Request to exercise this right must be sent in writing together with documentation that you are the relevant person. See contact details under Section 10.
8.3 You have the right to request correction (rectification) of your personal data that Byrd holds without undue delay. If you become aware that the personal data we process is inaccurate, Byrd encourages you to contact Byrd in writing in order for Byrd to correct any incomplete or inaccurate information about you. See contact details under Section 10.
8.4 You may have the right to request erasure ("the right to be forgotten") of your personal data by Byrd without undue delay. This enables you to ask us to delete or remove personal data where Byrd no longer has a valid processing purpose. To the extend the continued processing of your personal data is necessary, for example in order for Byrd to comply with the agreed Terms, legal obligations or for legal requirements to be established, enforced or defended, Byrd is not required to delete your personal data.
8.5 You may have the right to request the restriction of processing of your personal data to consist only of storage. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
8.6 You may have the right to data portability, meaning you can obtain personal data that you have provided Byrd with, in a structured, commonly used, machine-readable format and the right to request a transfer of those data to another data controller, if Byrd's processing of the data, for instance, is based on your consent or a contract and the processing is carried out by automated means.
8.7 You have the right to object to Byrd's processing of your personal data at any time when it relates to our direct marketing efforts towards you.
8.7.1 Furthermore, you have the right to object to our processing of your personal data at any time, for reasons relating to your particular situation, where we are relying on a legitimate interest as legal basis for processing, cf. Sections 2.2.1, 2.4.2 and 2.6.2.
8.7.2 If you object to the processing, Byrd will no longer process your personal data unless Byrd can demonstrate compelling, legitimate reasons for continued processing which precede your interests, rights and freedoms or the processing is necessary to establish, exercise or defend a legal claim.
8.8 You also have a right not to be the subject of a decision based exclusively on automated processing, including profiling, which has legal effect on you or similarly affects you significantly.
8.9 You have the right to withdraw a consent to Byrd's processing of your personal data at any time. Please be aware, that withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
8.9.1 If you withdraw your consent, you must be aware that Byrd under certain circumstances is entitled to continue processing your data, for example where Byrd have another legal basis for processing your data. Byrd will inform you in such cases. Furthermore, Byrd refer to your other rights described above.
8.9.2 If you wish to withdraw your consent, please send an e-mail to email@example.com.
8.10 You have the right to lodge a complaint with a supervisory authority regarding Byrd's processing of your personal data. The Danish supervisory authority is the Data Protection Agency (in Danish "Datatilsynet"), www.datatilsynet.dk. A complaint can be lodged via email: firstname.lastname@example.org or by phone +45 33 19 32 00.
9. DATA RETENTION
9.1 Your personal data will be deleted when Byrd no longer has a legitimate purpose to process your data.
9.3 Your personal data collected when you signed up for our newsletter. cf. Section 2.2, will be deleted when your consent to receive newsletters is withdrawn. However, we retain documentation on your consent two years after withdrawal in accordance with The Danish Marketing Practices Act cf. The Danish Criminal Code.
9.4 Byrd will delete logs containing geographical movement pattern(s) of your Device(s) after 24 hours, on an ongoing basis (logging will only be relevant for users who opt-in to participate in the verification project).
9.5 Information collected in connection with sales and purchases which prove rights and validity of the Content cf. Sections 2.4, 2.6 and 2.7, will, as a main rule, be kept for as long as we have access to the Content in accordance with our Terms and Conditions. Accounting material is kept for 5 years, from the end of the financial year to which they relate cf. The Danish Bookkeeping act Section 10.
9.6 Other information related to your User account will be deleted at the latest a week after the contractual relationship with Byrd has ended (deletion of account). Your chat conversations will remain accessible for the recipients, but your user will me marked as anonoymous/no longer in use.
9.7 Byrd does, however, reserve the right to retain your personal data for an extended period of time, if deemed necessary to establish, exercise or defend a legal claim or in order to meet a legal obligation.
10. CONTACT INFORMATION
10.1 Byrd ApS is the data controller of the personal data, which are collected about you.
CVR number 38 31 17 27
TEL +45 71 99 88 95