PRIVACY POLICY

Last Updated: May 23, 2022

Please read this privacy policy (this “Privacy Policy”) carefully and in its entirety before using our services.

This Privacy Policy has been established by Early Chirp (the “Company” “we” or “us”) to explain how we may collect, retain, process, share and transfer information collected from you when you use our Services, including Early Chirp, and to allow you to make an informed decision about how you will use our Services. Capitalized terms not defined herein have the meanings ascribed to them in our Terms of Service, available here /legal/terms.

By accessing our Services, you are agreeing to this Privacy Policy. We encourage you to periodically review this Privacy Policy for updates and to ensure that you are familiar with its terms. If you do not agree to this Privacy Policy, please discontinue accessing or using the Services. This Privacy Policy is not applicable to third-party Content, properties, or websites, applications and services that contain other privacy policies. If you have any questions regarding this Privacy Policy, please contact us at here.

Section 1. Summary Information

This Privacy Policy explains and describes how we collect, retain, process, share and transfer information collected from you when you use our Services. We recommend you review the entirety of our Privacy Policy to get a complete understanding, but the core features of our privacy practices are as follows:

To the extent that we collect information, including Non-Personal Information and Personal Information (both defined below) from you, this may be done in two ways: information that we collect in connection with your use of our Services and information that you give to us.

Your Personal Information may be shared by us with third-parties in many ways, including to provide you with the Services, fulfill your Order, or for our or their own purposes. To learn more about our rights to share your information, please see the How Do We Share This Information? section below.

In some circumstances we allow you to review and update your Personal Information by contacting us here.

While we use commercially reasonable efforts to secure your information, we cannot guarantee and you should not expect, that your information will remain secure at all times and in all circumstances.

Our Services are not directed to children under 13. Please see the Age Limitation section below for further information regarding our policy in this regard.

Section 2. What Information Do We Collect?

We may collect information from you in two ways: information we gather from your use of our Service and information you give to us, as further outlined below. This information may include “Personal Information” and “Non-Personal Information.” For purposes of this Privacy Policy, “Personal Information” means information that you provide to us that personally identifies you, such as your first and last name, email address, physical address, telephone number and billing or payment information. For purposes of this Privacy Policy, “Non-Personal Information” means information that does not specifically identify you.

The information we collect about you may include the following:

Information you provide us. We collect the content, communications, and other information you provide when you contact us, including your email address, as well as your name, address, phone number, and payment and billing information in certain circumstances.

Information we obtain from your use of our Services. We collect information about the Services that you use and how you use them. This information includes:

Device Information

We collect device-specific information (such as your hardware model and operating system version).

Log Information

When you use our Services or view content provided by the Company, we automatically collect and store certain information in server logs. This includes:

Internet protocol address (“IP Address”)
The type of browser you are using when using our Services, including your browser's "user agent" (e.g., Internet Explorer, Safari, and other browsers)
Device event information such as crashes, system activity, hardware settings, browser language, and the date and time of your request and referral URL
Your geographic location
The Domain name of your Internet service provider
The source of traffic acquisition
Date of traffic acquisition, and
Website activity

Section 3. How Do We Use This Information?

We are able to deliver, personalize, and improve our Services by combining and using the information that we have about you to understand how you use and interact with our Services. We also may use the information that we have about you for the following purposes:

To provide, maintain, improve, and develop relevant features, Content, and Services.

To fulfill and service your Orders.

To communicate with you by responding to your requests, comments, and questions, including through any contact information (email or mobile text number) you provide us.

To help advertisers and publishers connect with you to offer relevant advertising in their apps and websites.

To create analytics and reports for internal purposes. These analytics and reports may include aggregate or anonymous information.

To detect and defend against fraudulent, abusive, or unlawful activity.

As necessary to comply with applicable laws.

In connection with a merger or sale or potential sale of the Company with a third party.

In connection with the foregoing, we may combine your Personal Information that we have with other information that we obtain from service providers or other companies. We may also combine your Personal Information with Non-Personal Information. When Personal Information and Non-Personal Information is combined, it will be treated as Personal Information for the duration of such combination.

Section 4. How Do We Share This Information?

We will not share the Personal Information we collect about you with any third party for their own marketing purposes without your consent. Except as set forth below, we do not sell, license, or share information that individually identifies our users with companies, organizations, or individuals outside of the Company and its affiliated entities. We will share your information in the following ways:

Our vendors, subcontractors and business partners (“service providers”):We may share your data with our services providers who process your Personal Information to provide portions of our Services to you, to fulfill our Offers and your Orders with respect to same, and/or to provide their services to us or on our behalf, which services may constitute a part of our Services. We have contracts with our service providers that prohibit them from sharing the information about you that they collect or that we provide to them with anyone else or using it for other purposes. For those parties that have submitted Offers through our Service and with whom you may have submitted an Order directly, the information you provide to them will be subject to their privacy policy, as described in Section 8 hereof.

Companies within the Company’s group of companies:We may share your information with our parent company and our affiliates, which are entities under common ownership or control of our ultimate parent company.

Fraud prevention:We may disclose the Personal Information we collect about our users, including you, when we believe disclosure is necessary to investigate, prevent, or respond to suspected illegal or fraudulent activity or to protect the safety, rights, or property of us, our users, or others.

Law enforcement purposes and public safety:If requested or required by government authorities, such as law enforcement authorities, courts, or regulators, or otherwise to comply with the law, we may disclose any information we have about our users. We may disclose information collected about you in order to exercise or protect legal rights or defend against legal claims. We also may be required to disclose a user’s Personal Information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

Sale or merger of our business:We may transfer your Personal Information to a third party if we or any of our affiliates are involved in a corporate restructuring (e.g., a sale, merger, or other transfer of assets).

Advertisers and advertising networks:Advertisers and advertising networks place ads (including sponsored links in search results) on or through our Services. These companies may collect information, such as your computer’s IP address, browser information, and search queries, as you use our Services. They also may use cookies and other technologies to collect this information when you visit our site as described below.

Any transfer of your information will comply with applicable law in all cases. We disclaim and shall have no liability or obligation in connection with any third party actions or omissions concerning your information, even if those acts or omissions are a result of our sharing and disclosure your information, as allowed pursuant to this Privacy Policy. If you have any issues concerning a third party’s use of your information, please contact such third party. For more information on third-party use of your information, please see Third-Party Practices herein. Any Non-Personal Information we collect may be shared by us publicly and with others.

Section 5. How Do We Use Cookies and Tracking Technology?

A “cookie” is a small file containing your preferences that is sent to your browser and sent back by your browser each time your browser accesses our servers. When you visit our Services, we may send your computer or mobile device a cookie that uniquely identifies your browser. Cookies that we may use may only be read by the server that placed them there. Our use of cookies is primarily focused on improving the quality of our Services and your use of those Services. By way of example, we use cookies to deliver our Services in your language of choice, to filter results and fulfill other preferences you may have, and to analyze how our users, including you, interact with our Services, such as by tracking user trends and patterns of how people search. Many browsers are set up to accept cookies unless the user changes the settings for cookies. You have control over this and can set your preferences to indicate when a cookie is being sent or to refuse altogether. While you maintain control over your cookie setting, some portions of our Services may not function correctly without cookies. You can review more information about cookies and how to control and delete cookies in various browsers, such as Internet Explorer, Firefox, Safari, Opera and Chrome, please click here.

We may currently or in the future use web analytics companies to assist us in measuring the effectiveness of our Services. This requires that we allow such web analytics companies to include their own Web beacons and cookies on the Services. These web analytics companies collect information from Web beacons and cookies such as click-throughs by users and other similar information. We use this information to help us learn things like overall user preferences, click-through rates, means to improve our Services, and what the types of offers that are of most interest to our users. We control how that data may be used, notwithstanding its collection by third party web analytics companies.

To "opt-out" of receiving cookies from certain of our ad serving partners, please click here. We use the term "cookies" in this Privacy Policy to refer to cookies and all such similar technologies that collect information automatically when you are using our Services.

Common ID Cookie

Certain of our Services may also use cookies and similar tracking technologies such as the Common ID cookie. The Common ID cookie stores a unique user id in the first party domain and is accessible to our ad partners. This simple ID that can be utilized to improve user matching, especially for delivering ads to iOS and MacOS browsers. These cookies are important devices for measuring advertising effectiveness and ensuring a robust online advertising industry. You can opt out of the Common ID tracking cookie by clicking here.

Advertising Privacy Settings

FOR EU USERS ONLY: When you use our site, pre-selected companies may access and use certain information on your device and about your interests to serve ads or personalized content. You may revisit or change consent-choices at any time by clicking here.

Section 6. How Long Do We Keep the Information?

We retain the information we collect about and from you for as long as necessary to fulfill a business purpose (e.g., an Order) or comply with a legal request. We may also choose to anonymize certain information you provide to us so that it can no longer be attributed to you if we would like to retain it for longer periods of time.

Section 7. How Do We Protect Your Personal data?

We take the protection of your Personal Information very seriously. Only our employees, contractors, affiliates, service providers, and agents will have access to your Personal Information, except as otherwise provided for in this Privacy Policy. We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your personal data against loss, misuse, unauthorized access, disclosure, and alteration. The security measures include firewalls, data encryption, physical access controls to our data centers, and information access authorization controls. While we are dedicated to securing our systems and Services, you are responsible for securing and maintaining the privacy of your password, if any, used in connection with your use of our Services. While we take precautions against possible breaches in our Services and databases, we cannot guarantee that it is completely secure. We are not able to assure you that unauthorized hacking, access, data loss, or other breaches will never occur. As such, your use of our Services is at your own risk. You are encouraged to protect your Personal Information when you are on the Internet, including making sure you use a secure Internet browser.

Section 8. Third-Party Practices

Applicable law obligates our service providers to protect the privacy of certain types of data. We are not responsible for their actions or omissions in any way, including with respect to any information they receive directly or indirectly from us. If you believe that any party who claims association with us, including our service providers, is improperly collecting, or using information about you, you should contact them directly. You may also notify us by contacting us here, though we maintain no responsibility to reply to such correspondence or to take any action in connection with such correspondence.

In order to provide or enable certain portions of our Services, our service providers may request or require you to provide information, including Personal Information, to them or to download certain software. We have no responsibility for the privacy practices of our service providers or the contents of any software downloaded from them. Our Services may also link to third party websites and offerings over which we exercise no control. Under no circumstances shall we be responsible for the privacy practices or the content of such third-party websites and offering, including their information collection, storage, usage and sharing practices. Please contact such third parties in connection with any issues you may have with respect to those third-party websites and offerings.

Section 9. Age Limitations.

Our Services are not directed to children under the age of 13. We do not knowingly collect information, including Personal Information, from children or other individuals who are not legally able to use our Services. If we obtain actual knowledge that we have collected Personal Information from a child under the age of 13, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or unintentionally collected information from a child under the age of 13.

COPPA

We comply with the Children's Online Privacy Protection Act (COPPA). For more information about COPPA and children's privacy, please click here.

Section 10. Jurisdiction and International Data Transfers

We do not represent or warrant that our Services are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit access to our Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

The Company may transfer your Personal Information to countries other than the one in which you live. In particular, your Personal Information will be transferred to and processed in the United States where many of our central databases operate. By using our Services, you are consenting to such cross-border data transfers of your Personal Data, as set forth in this Privacy Policy. By using the Services, you acknowledge that the data protection and other laws of other countries, such as the United States, may provide a less comprehensive or protective standard of protection than those in your country, and consent to your Personal Information being collected, processed and transferred as set forth in this Privacy Policy and US law. The Company has entered into European Union Model Clauses, also known as Standard Contractual Clauses, to meet the adequacy and security requirements for our users that operate in the European Union.

Section 11. Accessing, Reviewing and Changing Your Personal Information.

Generally

Depending on what country (countries located in the European Economic Area for instance) or state (California or Virginia for instance) you are located in, you may have certain legal rights in relation to your Personal Information. You may have the right to request access to your Personal Information that we retain, as well as to seek to update, delete or correct this Personal Information, subject to certain exemptions provided by law. Please contact us via email here if you wish to exercise your rights. We cannot guarantee that you will be given access to your Personal Information in all circumstances, except those mandated by law. Additionally, if we are unable to verify your identity or are required to retain certain of your information by law, we may not be able to modify or delete your Personal Information, but will do so in all cases required by applicable law.

European Union Residents

We are a controller for purposes of the General Data Protection Regulation 2016/679 and any implementing legislation (the “GDPR”). You can also contact us and the DPO here With respect to the Personal Information we collect from you, we are relying on one of the following as our legal basis to do so:

You have consented to such collection and processing; which consent is given by your acceptance of our Terms and this Privacy Policy.
We need the data to perform the Services requested by you or to complete the transactions requested by you.
We have a legitimate interest in using the data in the normal manners you would expect in connection with using a service like ours.
We need to process your data to comply with a legal requirement.

As an EU resident, GDPR affords you the following rights:

Right to Access, which includes the right to request that we provide you with the Personal Information we have about you, the ways in which we use it, and who we share it with.
Right to Rectification, which means you can require us to correct inaccurate Personal Information that we have about you.
Right to Portability, which means you can request a copy of the data we have about you in a structured, machine-readable format and to ask us to send this data to another data controller.
Right to Erasure, which means you have the right to require us to delete your Personal Information (unless prohibited by law or necessary for our legitimate purposes, including the continued provision of the Services to you).
Right to Withdraw Consent, which means you can withdraw your consent for us to process your Personal Information.
Right to Restrict Processing, which means you can require us to cease processing your Personal Information while undertaking rectification of such data or if we are relying on our legitimate interest to do so or if we are not fulfilling your right to erasure based on legal compliance issues.

You can exercise any of the foregoing rights by emailing us here. We will respond to requests of this nature within 30 days of your email. If you are a resident of the European Economic Area and believe we maintain your Personal Information within the scope of the GDPR, you may direct questions or complaints to us here.

California Residents

Under California Civil Code Section 1798.83, which is also known as the "Shine The Light" law, users who are California residents may request from us a list of the Personal Information (if any) that we have disclosed to third parties for direct marketing purposes during in the preceding calendar year, this includes the names and addresses of such third parties. Requests may be made only one time per year. These requests are free of charge. To make a request, please contact us here or at the address or phone number set forth below. We cannot be responsible for notices that are not labeled or sent properly or that do not have complete information. In the body of such request, you must put the statement "Your California Privacy Rights", as well as your name, street address, city, state and zip code and you must provide enough information for us to determine if this applies to you. Additionally, you must attest to the fact that you are a California resident and provide a current California address.

If you are a resident of California, you have certain additional rights under the California Consumer Privacy Act of 2018 (CCPA), including the right:

to access all data we collect about you;
to opt-out of our sale of any of the information we collect about you to third parties;
to have us delete any personal data (as defined under the CCPA) that we have collected about you;
to know the categories of third parties to which we have sold data about you; and
to know the reason we have collected data about you (as is described in our Terms).

The request for information can be sent to us at the following address:

Early Chirp

90 N. Church Street

The Strathvale House

George Town, Grand Cayman

KY1-9012

When you assert your right to request information, you must confirm that you are a resident of the State of California. We reserve the right to request that you provide further evidence as a resident of California before acting on your request. We will respond to your request within 45 days and will include the categories of third parties to which we have sold data about you. For more information on why we have collected data about you, please see the rest of this Privacy Policy and our Terms. To opt-out of us “selling“ (as defined by the CCPA) any of the information we collect about you to third parties and to delete all such information, we offer an “Opt-Out” Option, which can be accessed by emailing us here.

For more information

For more information about protecting your privacy, you may wish to visit https://www.netcoalition.com and https://www.privacyalliance.org. In addition, the Federal Trade Commission Consumer Response Center offers a helpline at 1-877-FTC-HELP (1-877-382-4357) to allow consumers to make comments or inquiries regarding companies and business practices. If you have questions about this Privacy Policy, or if you would like access to Personal Information we may have about you in our files, to correct, update or to have us delete it, or if you would like to notify us of your choice to opt-out of any sharing of your Personal Information, please contact us here.

Section 12. E-Mail Opt Out

If you have signed up to receive daily emails, newsletters, and other promotional communications and offers, you may “opt out” of such communications if you no longer wish to receive them by following the unsubscribe instructions set out in those email, newsletters and other communications. You may also opt out via the unsubscribe link an any email from us. Notwithstanding your opt out for daily emails, newsletters, and/or other promotional communications and offers, you acknowledge and agree that we may continue to send you communications regarding the Services, such as notices about administrative updates, transaction reports, and changes to the Services, this Privacy Policy or the Terms.

Section 13. Changes to this Privacy Policy

We reserve the right to revise, from time to time, this Privacy Policy. Any changes to this Privacy Policy will be posted on our Services and, to the extent the changes are significant, we may send you correspondence noting such changes as well. Your continued use of our Services after such change has been made will signify your acceptance of such change.

Section 14. Contact Us

If you have any questions about this Privacy Policy or the Company’s practices, or if you are seeking to exercise any of your statutory rights, you may contact us here.