Privacy Policy

Last updated on May 2, 2019

1. Introduction

This Privacy Policy describes how birthly LLC (“Birthly”) will gather, use, and maintain your personal information. It will also explain your legal rights to control our use of that information.

By using the Birthly Platform, you confirm that you have read and understand this Privacy Policy, and our Terms of Service (together referred to herein as the “Agreement”). The Agreement governs the use of the Birthly Platform. Birthly will gather, use, and maintain information consistent with the Agreement.

2. General Terms

In this Privacy Policy:

• birthly LLC may be referred to as "Birthly," “we,” “our,” or “us.”

• We call a user of the Birthly Platform a “User,” or collectively, the “Users.” This includes Clients and Educators as defined in the Terms of Service

• "You" and "your" refer to an individual User of the Birthly Platform.

• The community platform that we offer at our website (www.mybirthly.com) is referred to as the “Site.”

• The platform and related products and services provided by Birthly and the Site, including without limitation information provided by Birthly to potential and actual Users in relation to the services, together are called the “Birthly Platform.”

• “Terms of Service” refers to our terms, which can be found here. This Privacy Policy is incorporated into, and considered a part of, the Terms of Service.

3. Information Received By Birthly

Personal Information. Birthly collects certain information such as your name, address, approximate geographic location of your computer or mobile device, telephone number, email address and bank account and other Financial Information if you voluntarily choose to share such information with Birthly. We do require that you furnish this information when you purchase a service or a product from Birthly or register with us as a Client, because we need the information in order to provide the Birthly Platform. When you register your account, and through any communications transmitted through our Site, we collect information including your name, address, phone number and email address. You also may choose to send Birthly personal information in a survey, an intake form or an email message containing inquiries about the Birthly Platform. Certain offerings of the Birthly Platform, such as newsletters, surveys, contests, and the like are optional and so you are not required to enter them or to give us your data in connection with them. Where you do choose to enter them, we will use your data to operate and manage the survey, contest or similar in connection with our legitimate interest in promoting our business and the Birthly Platform.

Cookies and Other Technologies. When you visit websites on the Internet, your browser may automatically transmit information to the websites you visit throughout every visit, including ours. Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk.

We utilize persistent cookies that only Birthly can read and use, and access mobile device IDs:

• to save your login information for future logins to the Birthly Platform;

• to assist in processing items during checkout;

• to hold session information; and

• to track user preferences.

We utilize session ID cookies and similar technologies:

• to enable certain features of the Birthly Platform;

• to better understand how you interact with the Site and the Birthly Platform;

• to monitor usage by our Users and web traffic routing on the Birthly Platform;

• to track the number of entries in Birthly promotions, sweepstakes and contests; and

• to identify visited areas of the Birthly Platform.

Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Birthly Platform and then close your browser.

Third party advertisers on the Site may also place or read cookies on your browser, and we may use Flash cookies (or local shared objects) to store your preferences or display content based upon what you view on the Site to personalize your visit.

You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you will not be able to use all portions or all functionalities of the Birthly Platform.

We and our service providers may also use "pixel tags," "web beacons," "clear GIFs," or similar means in connection with the Birthly Platform and HTML-formatted email messages to, among other things, track the actions of Users and email recipients, to determine the success of marketing campaigns, and to compile statistics about Site usage and response rates. We also engage one or more third party service providers to serve online advertisements on our behalf. They may use a “pixel tag” which triggers a cookie to collect information about your visits to the Site and to other websites, and they may use that information and share and combine it with other information with their partners to show you advertisements for goods and services you might be interested in on the Site and on other websites and apps, including by observing the kinds of products and subject-matter you are interested in and certain demographic information about you.

The following table sets out the different categories of cookies that the Birthly Platform uses and why we use them. The lists of third party cookie providers are intended merely as illustrative not comprehensive:

Social Media and Digital Advertising cookies and widgets.

·      DoubleClick: Google's Doubleclick re-targeting cookie lets us serve personalized ads to you when you're browsing other websites and social media platforms. You can control ad personalization on Google and partner websites here: https://policies.google.com/technologies/ads?hl=en-GB&gl=uk

·      Facebook Impressions: We use Facebook Impressions to track the number of people that interact with our content on Facebook.

Device Information. When you visit and interact with the Birthly Platform or the Site, Birthly may collect certain information automatically, including, but not limited to, the type of computer or mobile device you use, your mobile device’s unique device ID, the IP address of your computer or mobile device, your operating system, the type of Internet browser(s) you use, and information about the way you use the Birthly Platform (“Device Information”). We may use Device Information to monitor the regions from which Users navigate the Site or the Birthly Platform and for security and fraud prevention purposes. Tools with the goal of anonymizing certain Device Information (like the TOR network) are forbidden on the Birthly Platform. While we respect your right to hide this information, we believe that doing so is in conflict with the spirit of our platform and our desire to host an open and honest marketplace. Use of such tools hampers the functionalities of the Birthly Platform.

Financial Information. To help Clients make payments, we may collect financial information, including name, address, credit card number, and any other payment information (“Financial Information”). 

Public Areas. Your profile on the Birthly Platform consists of information about you, and may include personal information, photographs, and other information, including your username (“Profile”). The information in your Profile may be visible to all Users and the general public if you decide to share it in Public Areas as defined in the Terms of Service. Please keep in mind that whenever you consent to making your personal information available for viewing by third parties online – for example on message boards, in blog comments, through email, or in chat areas – that information can be seen, collected, and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.

4. Birthly's Use of Personal Information

Birthly uses Personal Information (including Identity Information and Financial Information) for the following purposes:

• To operate and make available the Birthly Platform. We use your data to connect you with Educators in order to enable the completion of, and payment for Product(s) and related services;

• For billing and fraud prevention, on the basis of our legitimate interests in ensuring a safe and secure environment in which Clients and Educators can connect through the Birthly Platform;

• To analyze Site usage as necessary for our legitimate interest in improving the Birthly Platform to grow our business;

• To contact you and deliver (via email, SMS, push notifications, or otherwise) administrative notices, marketing notifications, offers and communications relevant to your use of the Birthly Platform as necessary for our legitimate interests in proper communication and engagement with our Users and in promoting our business;

• To provide you with customer support in order to fulfill our contracts with Users;

• For internal market research, troubleshooting problems, and detecting and protecting against error, fraud or other criminal activity for our legitimate interests in ensuring a safe and secure environment in which Users can interact;

• To assist Users in the resolution of complaints and disputes between them, as necessary for our legitimate interests in facilitating good relations among Users;

• To enforce our Terms of Service in our legitimate interests in ensuring our rights are complied with; and,

• As otherwise set forth in this Privacy Policy. 

Advertising. Ads are a standard part of user experience on the Internet, and Birthly believes that targeted advertising enhances this experience. Birthly may use cookies and other technologies and personal information to place ads where they believe interested parties will see them. In addition to banner ads, Birthly may advertise products, companies and events that we think might interest you through the email address you provide. Your choices regarding third party ads are set forth in the Choice/Opt-Out section below. Advertising and marketing is carried out as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business. However, when you access another website or purchase third-party products or services through the Birthly Platform, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products and services. 

Analytics and Market Research. Birthly may analyze your information and web navigational data based on your interests, and may use the analysis from this information in a way that doesn’t reveal a name, email address or other "real-world" identity (“Market Analysis”) in order to market the Birthly Platform, improve the likelihood of a sale to a group of potential Users, and increase the likelihood that a group's experience with the Birthly Platform is relevant to its interests as a whole, as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.

Birthly uses information to sell services to Users who express an interest in these services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Analysis. We do this as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.

• Google Analytics: we use Google Analytics, a web analytics service. Google Analytics uses cookies to help Birthly analyze how visitors use the Site. The information generated by the cookie about your use of the Site and the Birthly Platform (including your IP address) will be transmitted to and stored by a Google server in the United States. Google uses this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for Site operators, and providing Site operators with other services relating to Site activity and internet usage. You can prevent the storage of data relating to your use of the Site and created via the cookie (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en 

Cell Phone Numbers. Birthly may use your cell phone number to call or send recurring text messages to you, using an autodialer or prerecorded voice, in order to provide you notifications about products, services and appointments, for marketing purposes (with your consent where required by law), and to administer the Birthly Platform. If you would like more information about our policy, or to opt out, please review Section 6 of Birthly’s Terms of Service. You may be liable for standard SMS and per-minute charges by your mobile carrier.

Financial Information. We use Financial Information solely as authorized by you in order to operate the Birthly Platform and, in particular, to ensure that payments by Clients are received in a timely manner. We do this as necessary for our legitimate interests in providing our platform and services. To keep your financial data secure, we do not store full credit card information on our servers. We have contracted with a third party to process your payment card information.

5. With Whom Does Birthly Share Information?

We only share the information we collect about you as described in this Privacy Policy or as described at the time of collection or sharing, including as follows:

Third Party Agents. To operate the Birthly Platform, including processing your transactions, we may share your information with our agents, representatives, contractors and service providers (“Agents”) so they can provide us with support services as follows:

• Email origination,

• Product / service delivery,

• Receipt or support services,

• Customer relationship management services,

• Financial transaction fulfillment (in which we are currently supported by Stripe who process your information in accordance with their own privacy policy here: https://stripe.com/gb/privacy); and

• To otherwise help us provide the Birthly Platform, including all of the things described in the preceding section. 

Other Users. Birthly facilitates contact between Clients and Educators and reserves the right to share a Educator’s contact information (e.g. phone number, or email and postal address) with a Client and vice versa, or with their legal or other representative, in order to facilitate the resolution of a dispute related to or arising from an interaction between two or more Users of the platform. This exchange of information is a mandatory part of the Birthly Platform. 

Legal Obligations. Birthly may disclose personal information or User Generated Content, including location data or communication data, to a third party if required to do so by law or pursuant to a court order, warrant or subpoena. Birthly reserves the right to disclose personal information from both private and public areas of the Site and the Birthly Platform in the absence of a court order warrant or subpoena if we are given reason to believe, in our sole discretion, that someone is causing injury to or interfering with the rights of Users, the general public, or Birthly or its partners, parents or affiliates.

It is our policy to provide notice to Users before producing their information in response to law enforcement requests unless (i) we are prohibited by law or court order from doing so, (ii) we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety, or (iii) it is an emergency request and prior notice would be impractical (in which case we may provide notice after the fact).

Business Affiliates. Finally, Birthly reserves the right to transfer, sell and/or distribute all information collected through the Birthly Platform to an affiliate, subsidiary, or third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or part of our business, assets or stock. We will require the new entity to follow this Privacy Policy with respect to your personal information, as and to the extent required by applicable law.

6. Choice/Opt-Out

You may opt-out of receiving communications from us and our partners, remove your information from our database, choose to not receive future communications related to the Birthly Platform by contacting us at info@mybirthly.com.

During registration you choose whether to receive marketing correspondence from either Birthly or its partners and whether you want to participate in a variety of Birthly programs. We may occasionally contact you with information about special events, sales, activities, promotions, contests, submission opportunities and programs. You always have the option to ask Birthly not to contact you with this information again.

If you opt-out of only certain communications, other subscription communications may continue. Even if you opt-out of receiving promotional communications, Birthly may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Birthly’s ongoing business relations.

If you receive unsolicited email from a Birthly domain, please contact us at info@mybirthly.com.

7. Birthly's Information Retention Policy

We retain personal data for as long as you are a User in order to meet our contractual obligations to you, and for such longer period as may be in our legitimate interests and to comply with our legal obligations. We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our services. You cannot be identified from aggregate information retained or used for these purposes.

Your rights

You have the right under certain circumstances:

• to be provided with a copy of your personal information held by us;

• to request the rectification or erasure of your personal information held by us;

• to request that we restrict the processing of your personal information (while we verify or investigate your concerns with this information, for example);

• to object to the further processing of your personal information, including the right to object to marketing as mentioned in the Choice/Opt-Out section above; and

• to request that your provided personal data be provided to you in a structured, commonly used and machine-readable format.

Where the processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time. You can also change your marketing preferences at any time as described in the Choice/ Opt-Out section above.

If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority.

8. User Generated Content

Users who have provided Birthly with any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects, hereby consent to our use of these materials as User Generated Content in accordance with Section 7 of the Terms of Service.

9. Birthly’s Security of Collected Information

If you create a Birthly account, your Birthly account is password-protected so that only you and authorized Birthly staff have access to your account information. In order to maintain this protection, do not give your password to anyone. Also, if you share a computer, you should sign out of your Birthly account and close the browser window before someone else logs on. This will help protect your information entered on public terminals from disclosure to third parties.

Birthly takes reasonable precautions to ensure that your information is secure on its system by backing up data in separate backup drives and using public key access encryption and firewalls on both our main and backup servers. Birthly has staff dedicated to maintaining this Privacy Policy and other privacy initiatives, periodically reviewing security, and making sure that every Birthly employee is aware of our security practices. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Birthly cannot guarantee the security of any information you transmit to us, and you do so at your own risk. While Birthly will use commercially reasonable efforts to ensure the security of all credit card and all other Personal Information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all Personal Information and/or Financial Information stored therein, and you agree to hold Birthly harmless for any damages that may result therefrom. If you have any further questions on this issue, please refer to the Terms of Service.

Birthly expressly disclaims any liability that may arise should any other individuals obtain the information you submit to the Birthly Platform.

10. How Can Users Update Their Information?

You can update your Personal Information by editing the intake form completed upon your purchase of any service and products or by contacting us at info@mybirthly.com.

Information transmitted through boards, chats, polls or through any other means remains in our databases and becomes the property of Birthly upon submission.

11. Notification of Changes

Birthly's Privacy Policy are periodically reviewed and enhanced as necessary. This Privacy Policy might change as Birthly updates and expands the Birthly Platform. Birthly will endeavor to notify you of any material changes by email. Birthly also encourages you to review this Privacy Policy periodically. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified. If you do not understand any of the terms or conditions of any of Birthly's policies, feel free to contact us at info@mybirthly.com.

12. Children’s Privacy and Note to Parents and Guardians

We do not knowingly collect personal information from children under 13 years of age. The Birthly Platform is not directed to children under the age of 13 and children under 13 are not permitted to use the Birthly Platform. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will delete or disable such information. If you are a parent or guardian of a child under the age of 13, and you believe that your child has provided us with personal information, please let us know at info@mybirthly.com.

13. Your California Privacy Rights

California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request, or permit California customers to opt in to, or opt out of, this type of sharing.

Birthly may share personal information as defined by California’s “Shine the Light” law with third parties or affiliates for such third parties’ or affiliates’ own direct marketing purposes. California residents may obtain information about our compliance with this law by sending us a written request at info@mybirthly.com.

Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Birthly is not required to respond to requests made by means other than through the provided email address or mail address.

14. Contacting Us?

If you have any questions about this Privacy Policy, the practices of the Site, your dealings with the Birthly Platform, or if you have technical problems, you may contact us at info@mybirthly.com.

Birthly's staff will respond to all requests sent through mail or email from Users and parents of Users with questions about privacy or the types of personal information is stored on the Birthly database, or requests to nullify such personal information.