TERMS AND CONDITIONS:

INFORMATION RECEIVED ABOUT YOU

We receive diferent kinds of information about you, as describe below:

YOUR INFORMATION

This is the information needed for registration and use our services on all platforms, as wll as you decide to share or publish.

Your name, profile picture, gender, full name and user id are treated the same way as the information that you decide to make public. This allows us to make activities as analize the data to design new features for the benefit of the whole community.


Registration Information:

When you register to Commonbird, we request you that enter some data like, your name, last name, e-mail, country, gender and birder or photographer from.


Other information that we receive about you

We also receive others kinds of information about you:

  1. We receive information about you every time you use Commonbird, for example, when you click, make a consultation or interact in any way with our applications.

  2. When you post things like photos or audios in Commonbird we can receive additional information (or metadata) such as time, date and the place where you took the picture or audio, among others.

  3. We received the information from the computer, mobile phone or other devices that you use to install applications or access to Commonbird, even if multiple users log on the same device. This may include information about communication and the network or as your IP address and more information, such as your Internet service, operating system, location, type of device or browser. We may also request information from the device to improve the functioning of our applications present in it.

  4. Sometimes we get information from our users to help us interpret the activity that takes place online.

  5. Sometimes we get information from our affiliates to help us interpret the activity that takes place online.

• Information you decide to share

It also includes the information you decide to share when communicating with CommonBird, like when you contact us by email, or when you perform an action like to follow someone, add a place to your field trips, indicate how many birds you've seen or any information that you generate about them.

Your name, profile picture, pictures supplied, audios supplied, gender, flocks (groups), user name and user ID are treated the same way as the information you choose to make public.


Access from phones and other devices

Once you share information with your followers and other people, they can synchronize that information with their mobile phones or other devices, or access to that data using these devices.


Information that your followers and others share about you

It is the information that your followers or other users can share about you within our platforms or external websites.

• Links

Anyone can add a link to a publication. Links are references to some internet, which can be anything, from a website to a page. For example, if you write a post, you can include a link to a blog you are mentioning or the link to the profile blog of the autor.


PUBLIC INFORMATION

When we use the term "public information" (which sometimes we refer as "information that is shared with everyone"), we are talking about the information you choose to make public, as well as information that is always publicly available.


Information which is always public

The types of information listed below are always public and are treated as information you've decided to make public:

• Name: It helps users interested to find you.

• Profile picture: It helps users interested to recognize you. If you dont like to post any photo, always you have the posibility to delete it.

• Gender: This allows us to refer to you properly in our applications.

• Username and user ID: They allow you to have a custom link of your page and help the functioning of the platform CommonBird.

• Birder, guide, ornithologist or photographer from: It allows users to hear about your experience and your point of view of the birdwatch, study or bird photography and identify how long time have you been doing. Additionally it allows us to show more content appropriate for you.

• Country: It allows you identify or other people identify you when they make a filter by country in the publications or users in your country can find you more easily. Additionally it helps you to locate and identify species close to your area.


Usernames and user IDs

The names and user IDs are the same: a way to identify you in CommonBird. A user ID is a series of numbers. With your usernamet is assigned a custom link to your profile that you can provide to others or published on external websites.


How we use the information we receive

We use the information we receive about you in connection with the services and features that we offer to you and others. For example, in addition to helping other people to watch and find what you do and share, we can use the information we receive about you in the following way:


To protect the rights or property of Commonbird and users, to offer content that is most relevant for you, for internal operations, including troubleshooting, data analysis, research, development and improvement of services.

Grant this permission to use your information not only allows us to offer the Commonbird you know, it will also allow us to offer in the future functions and services that use the information we receive about you in innovative ways. Although you allow us to use the information that we receive about you, you are at all time the owner. Your trust is very important to us and for that reason we don´t share this information with others unless:


  • Other people share about you, these people are who control how it´s shared.
  • Think before you make a post. Like everything you put in the Internet or send by e-mail, the information you share in Commonbird may be copied or shared by all those who see it.
  • You authorize us to use this, by participate in an activity or event realized by CommonBird.

OTHER THINGS YOU SHOULD KNOW ABOUT COMMONBIRD


About Commonbird platform

It is the means we use to help you to share, to meet, to organize and to control your information about birds and all the experiences that is generated as a result of birdwatch.

Contact us to send us your questions or communicate any conflict.

If you have questions or complaints regarding to our Data Use Policy or our practices, please contact us by email at support@commonbird.com or directly contact form.

Control of information shared

As it happens when you share information by email or any other web site, the information you share in Commonbird again can be shared internally or externally on the platform in other websites.

Commonbird´s content

The content of Commonbird is generated by users and they are the owners of these, in case the user is not the owner of what is published, is that user responsible for publishing this information, but other users can report the publication and the Commonbird team will analyze it.

Respond to legal requirements and prevent damage

We can access to your information and keep it and share it in response to a legal request (like a search warrant, court order or subpoena) if we believe in good faith that the law requires it. We can also access, store and share information when we believe in good faith that it is necessary to: detect, prevent and respond to fraud and other illegal activities; protect ourselves, to you and other users, even as part of investigations; or to prevent imminent death or physical injury. It´s possible that we inquire, process or preserve the information we receive about you (including information on financial transactions related to purchases made with Commonbird) for an extended period of time when subjected to an application or obligation court, a government investigation or related research potential violations of our policies or conditions, or to prevent damage. We also retain information about the accounts that have been disabled by breaching our terms and keep their data for at least one year in order to prevent abusive conduct or violations of our conditions recur.

Access requests

You can access to the most personal data in Commonbird and correct them if login to your account and consult your profile.

Notifications and other messages

We can send you notifications and other messages using the contact information we have, like your email address.

Service providers

We deliver your information to individuals and companies that help us provide, understand and improve the services we offer. For example, we may use outside vendors to help us to host our platforms, display photos and audio, process payments, analyze data, conduct and publish studies measure the effectiveness of advertisements or provide search results. In some cases, we can provide services jointly with other companies. In all these cases, our partners must agree to use your information in accordance with the agreement they have signed with us and this policy of data usage.

Security and errors

We make every effort to keep your information safe, but we are not immune to problems in cyberspace and malicious people.

Control Change

If the ownership of our business changes, we may transfer your information to the new owner so that it can continue to provide the service. However, the new owner must also respect the commitments made in this policy of data usage.





PRIVACY RIGHTS

CommonBird don´t share your information with third parties for the purposes of direct marketing and itself independent third party, unless you give us your permission. If you have questions about our information sharing practices or your rights, you can contact us.





STATEMENT OF RIGHTS AND RESPONSIBILITIES

This Statement of Rights and Responsibilities ("Statement", "conditions" or "DDR") has its origin in the CommonBird´s principles and contains operating conditions that govern our relationship with the users and others who interact with CommonBird. By using or accessing to CommonBird, you agree to this Statement, which is regularly updated as provided in section 14 below.


1. Privacy

Your privacy is very important to us. We have designed our Data Use Policy to help you to understand how you can use CommonBird to share information with others and how we collect and use information. We encourage you to read our Data Use Policy and that you use to make informed decisions.


2. Sharing the Content and Information

You are the owner of all the content and the information that you post in Commonbird. In addition:

  1. When you delete IP content (content protected by intellectual property rights), it is deleted in a manner similar to emptying the recycle bin on your computer. However, you understand that it is possible that removed content may persist in our backup copies for a reasonable period of time (but will not be available to others).

  2. When you post content or information in CommonBird, means that you allow everyone, including people who are outside CommonBird, access and use that information and associate it to you (that is, your name and profile picture).

  3. We always appreciate your comments and suggestions about CommonBird, but you must understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

3. Security

We make every effort to make CommonBird a safe place, but we can not guarantee it. We need your help to make it happen, which includes the following commitments from your part:

  1. You will not post unauthorized commercial communications (such as spam) in CommonBird.

  2. You will not collect information or content from other users, nor Access to CommonBird otherwise, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

  3. Do not upload viruses or malware of any kind.

  4. You won´t solicit login information or access to an you account belonging to another user.

  5. You won´t bother, wont intimidate or harass any user.

  6. You won´t post false content, contains offensive language, resulting threatening or pornographic, incites violence or harm to others or contains nudity or graphic or gratuitous violence.

  7. You won´t use Commonbird for anything unlawful, misleading, malicious, or discriminatory.

  8. You won´t take any action that could disable, overburden or impair the proper functioning or appearance of CommonBird, for example, a denial-of-service attack or altering the page layout or other CommonBird functionality.

  9. You won´t encourage the violation of this Statement or our policies.

4. Account security and Registration

CommonBird users provide their real names and information and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You won´t provide any false personal information on CommonBird, false content, or create an account for anyone other than yourself without permission.

  2. You will not create more than one personal account.

  3. If we disable your account for breach of our terms, you will not create another one without our permission.

  4. Keep your contact information accurate and current.

  5. You won´t share your password (or in the case of developers, your secret key), you will not let anyone else access your account, or do anything that could prejudice the security of your account.

  6. You will not transfer your account to anyone without our prior written consent.

  7. If you select a user name or a similar identifier for your account we reserve the right to remove or reclaim it if we believe appropriate (for example, if the owner of a trademark complains about a username that is not closely related to the user real name).

5. Protection of the rights of others

We respect the rights of others and we expect that you to do the same.

  1. You won´t post content or take any action in CommonBird that infringes or violates the rights of others or violate the law in any way.

  2. We can remove any content or information you post in CommonBird if we consider that violates this Statement or our policies.

  3. We provide the tools to help you to protect your intellectual property rights and denounce irregularities tools.

  4. If we remove your content for infringing the copyright of another person and you feel that it was a mistake, you can appeal.

  5. If you repeatedly infringe the intellectual property rights of others, we will disable your account when we deem it appropriate.

  6. You can´t use our copyrights or our trademarks (such CommonBird, cbdesign, the CommonBird and imagotype logos) or any mark that resembles ours, except if permitted by our rules of use of trademarks expressly or unless if you receive prior written consent of CommonBird.

  7. If you collect information from users, you will: obtain their consent, make it clear you are (and not CommonBird) who collects the information and publish a privacy policy explaining what information you collect and how you will use.

  8. You will not post identification documents or sensitive financial information in CommonBird anyone.

6. Moviles devices and other kinds

  1. We currently provide our mobile services for free but it does not mean it always will, additionally note that your mobile operator may apply standard rates, for example, charges for data.

  2. You provide your consent and all rights necessary to enable users to synchronize their devices with any information they may see in CommonBird.

7. About advertisements or other commercial content served or enhanced by CommonBird

Our goal is not to provide advertising and other commercial or sponsored content that is valuable to our users and advertisers, but it could happen later. To help achieve this, you agree that:

  1. We do not give your content or information to advertisers without your consent.

  2. You understand that may be possible we don´t always identify the communications and the paid services as such.

8. Special provisions applicable to our software

  1. You won´t modify our source code and won´t make derivative works, as decompile or otherwise attempt to extract the source code, except as expressly permitted by an open source license or if we give our express written consent.

9. Amendments

  1. If we make changes in the policies to which this declaration, we can indicate it with a direct communication "Using your personal information such as email."

  2. Your continued use of Commonbird after changes in our conditions constitutes acceptance of the amendments.

10. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk to CommonBird or causes that we are legally exposed, we can stop providing all or part of services.


11. Conflicts

  1. If anyone brings a claim against us related to your actions, content or information on Commonbird, you will indemnify us and remove our liability for all damages, losses and expenses of any kind (including costs and legal fees reasonable ) related to such claim. Although we provide rules for user behavior, we do not control their actions in CommonBird and we are not responsible for the content or information that users transmit or share in CommonBird, however, we give the options for reporting inappropriate content and we can take necessary measures promptly. We are not responsible for any content deemed offensive, inappropriate, obscene, unlawful or unacceptable you can find in CommonBird. We are not responsible for the conduct of any user of CommonBird, both inside and outside CommonBird.

  2. WE TRY TO KEEP UP COMMONBIRD, WITHOUT BUGS AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE PROVIDE COMMONBIRD AS IT IS, WITHOUT ANY WARRANTIE, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DON´T GUARANTEE THAT COMMONBIRD ALWAYS BE SECURE OR ERROR-FREE, OR THAT ALWAYS WORK WITHOUT INTERRUPTIONS, DELAYS OR IMPERFECTIONS. COMMONBIRD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR THIRD PARTY DATA AND HEREBY RELEASE TO US, OUR DIRECTORS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

12. Special provisions for users who do not reside in Colombia

We strive to create a global community with consistent standards for everyone, but also to respect local laws. The following provisions shall apply to the users and people who are not Commonbird´s users that are outside of Colombia:

  1. You give us your consent to having your personal data and be transferred and processed in Colombia.

13. Definitions

  1. The term "CommonBird" refers to the functions and services we provide, including those offered through (a) our website at www.commonbird.com and any other website branded or co-branded CommonBird (including sub-domains, international versions, widgets, and mobile versions); (b) our platform.

  2. The term "information" refers to the facts and other information about you, including actions that users and non-users who are interacting with CommonBird.

  3. The term "content" refers to anything that you or other users post in CommonBird not included in the definition of "information".

  4. The term "data" or "user data" means to data, including the content or information of a user that others may get from CommonBird or provide to CommonBird across our different platforms.

  5. The term "publish" or "comment" means publish in CommonBird or otherwise provide content through CommonBird.

  6. The term "common" means or corresponds a sign of liking in CommonBird to indicate that you agree with a certain content.

  7. The term "use" means or corresponds, to use, to copy, to reproduce or publicly display, to distribute, to modify, to translate and to create derivative works.

  8. The term "active user" refers to the user who has entered CommonBird at least once in the last 45 days.

  9. The term "application" means any application or website that uses the platform or access it as well as any other component that receives or has received data from us. If you do not agree to the platform but you has not removed all the data you have provided, the term "application" will remain valid until you delete.

14. Other

  1. The term "application" means any application or website that uses the platform or access it as well as any other component that receives or has received data from us. If you do not agree to the platform but you has not removed all the data you have provided, the term "application" will remain valid until you delete.

  2. If any part of this Statement to be unenforceable, the remaining portion will remain in full force and effect.

  3. If we do not enforce any of this Statement, it will not be considered a waiver.

  4. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

  5. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition or sale of assets or by operation of law or otherwise.

  6. Nothing in this Declaration shall prevent us from complying with the law.

  7. This Statement does not confer any rights of any third party beneficiary.

  8. We reserve all the rights that we have not explicitly granted.

  9. When you access or use CommonBird you must comply with all applicable laws.


To access the declaration of Rights and Responsibilities in other languages, change the language of your session CommonBird by clicking the link at the bottom left corner of most pages of the site. If the declaration is not available in the language you choose will show you the English version.




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