Privacy Policy

1/16/2023

Thank you for visiting the Three Bird Nest™ web site. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used. 

Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites. 

Collection of Information: We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. We do not sell or trace your information with anyone. The information you provide is used to fulfill your specific request. This information is only used to fulfill your specific request.

Cookie/Tracking Technology: The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties. 

Distribution of Information: We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes. 

Commitment to Data Security: Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings. 

User Generated Content: By uploading a testimonial to the PixleeTurnTo platform on our site, you grant Three Bird Nest, LLC (“3BN”) a perpetual, worldwide, irrevocable right and license to use (in whole or in part), your name, profile, written review, testimony, video or photo (collectively your “Endorsement”) in 3BN marketing materials. This includes the use of your Endorsement, in whole or in part, in all forms of media including without limitation, digital, print, paid marketing on social media, organic posting on social media, sharing via our email newsletter, and any other owned or paid marketing materials whether now or hereafter known. As such, 3BN shall be entitled to exploit, copy, publish, exhibit, and distribute the Endorsement, in whole or in part, for its marketing, advertising, and other business purposes.

You acknowledge and agree that 3BN (1) is under no obligation to actually use the Endorsement at any time; and (2) may use the Endorsement with or without your name.

You understand that your Endorsement may be edited and may appear in a variety of formats, including but not limited to print, digital, and social media. You hereby waive any right to inspect or approve any use by 3BN of the Endorsement. 3BN shall be entitled to modify the Endorsement provided that there is no material change in the original content that could cause a reasonable person to misinterpret your Endorsement.

You hereby attest that (1) the Endorsement is true and accurate in all respects and reflects your personal experiences and honest beliefs and those of no other party; and (2) you made the Endorsement of your own free will and without any influence or pressure of any kind from 3BN and/or any third party.

You represent and warrant that the Endorsement, or any part thereof, will not infringe upon the rights of any third parties, including without limitation, any intellectual property rights, unfair competition, dilution, and/or publicity or privacy rights.

You also grant 3BN the right to use your name, likeness, and any statements made by you in connection with your Endorsement.

You hereby release and hold harmless 3BN from and against any and all claims, demands, and liabilities of any kind or nature arising in any way out of 3BN’s use of the Endorsement, including without limitation, any claims alleging that 3BN violated your intellectual property, privacy, or publicity rights. You will not make any claim against 3BN for its use of the Endorsement.

You agree to indemnify and hold harmless 3BN against any and all losses, damages, costs, claims, liabilities, judgments, actions, awards, settlements, penalties, fines, or expenses of whatever kind or nature, including without limitation reasonable outside attorney fees and related costs, incurred by 3BN to the extent arising out of any claim made by any third party related to 3BN’s right to use the Endorsement pursuant to the terms hereof.

This Release and all matters arising out of or relating to it shall be governed by and construed in accordance with the laws of California without giving effect to any of its conflict of laws provisions. Any claim or cause of action arising under this release may be brought only in the federal and state courts located in Alameda County, California.

By uploading your Endorsement, you certify that you are eighteen (18) years of age or older, have read this consent and release, fully understand its contents, and intend to be legally bound by it.

Privacy Contact Information: If you have any questions, concerns, or comments about our privacy policy you may contact us using the information below:

By e-mail: hello (at) threebirdnest.com

We reserve the right to make changes to this policy. Any changes to this policy will be posted.

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