Who we are

First and foremost, we love birds and birding, just like you! We built this app to make it easier to connect with others in the field, wherever you might happen to be. BirdingApp is a production of Epter, LLC. If you have any questions, feedback, or concerns, we are here to help! Our web address is https://birdingapp.com and you can reach out to us by using this form to get in touch with our team. We strive to provide prompt and helpful assistance to all our users.

Your Data and Personal Information

User Registration: When users register for our service, BirdingApp, through the app or web interface, we collect and securely store the personal information they provide in their user profile. This may include, but is not limited to, the following data: full name, email address, phone number, zipcode, photographs, patch and region maps, and other biographical information. We prioritize the privacy and control of your personal information, and we provide privacy settings that allow users to manage how their data is displayed to others. By default, certain pieces of user information are shared when relevant to the application’s functionality. For instance, phone numbers and email addresses are only displayed to guides when users agree to share them in order to coordinate trips. Zipcodes are not shared with other users and are solely used for internal purposes. However, city and state information is displayed by default on the user profile page. We use your current location to enable features such as map browsing, bird alerts, and nearby messaging. Your specific location is not shown to other users, although you may choose to share your location and birding activity through various privacy filters and participate in nearby chats.

Visitor Messages: When visitors who do not have registered accounts leave messages using our app or web interface, we collect the data they provide in the comments form. Additionally, we collect the visitor’s IP address and browser user agent string for the purpose of security and spam detection.

Gravatar Service: We may provide an anonymized string (hash) created from your email address to the Gravatar service to determine if you are using it. Once your comment is approved, your profile picture, if associated with your Gravatar account, will be visible to the public in the context of your comment.

Media

When uploading images to BirdingApp, we recommend avoiding the inclusion of embedded location data (EXIF GPS) within the image files. Please be aware that visitors to the website may have the ability to download and extract location data from images displayed on the website.

Retention of Data

Content Pages and Communications: Information collected for the creation of content pages, as well as comments and messages, may be retained indefinitely. However, please note that associated transient metadata, such as IP addresses and browser information, are typically purged on a rolling basis of up to 90 days unless they are relevant to an ongoing legal, development, or security investigation.

Personal Information: For users on our service, BirdingApp, we securely store the personal information they provide in their user profile. All users have the ability to view, edit, or delete their personal information at any time, except for their username, which currently cannot be changed. Additionally, website administrators have access to view and edit this information.

Rights over Data Contributed by You

Account Holders and Interactions: If you have an account on BirdingApp or have interacted by leaving comments or creating mapped routes, you have certain rights regarding your personal information and metadata. You can request to receive an exported file containing the personal information and metadata we hold about you, including any data you have provided to us. Additionally, you have the right to request the deletion of any personal data we hold about you.

Exceptions: Please note that these rights do not extend to data we are obliged to keep for administrative, legal, or security purposes. Certain information may be retained even if requested for deletion, if it is necessary for compliance with legal obligations or protection against potential liabilities.

Where we Send Data Contributed by You

Third-Party APIs: To enhance the functionality of BirdingApp, we utilize various third-party Application Programming Interfaces (APIs). These APIs include, but are not limited to, bird taxonomy, bird photographs, map and location data (including driving directions and birding hotspots). When utilizing these APIs, certain data, such as search queries or location information, may be transmitted to and processed by these third-party services. We have carefully selected reputable providers and take precautions to ensure the security and privacy of your data during transmission.

Password Reset Requests: If you request a password reset, please be aware that your IP address may be included in the reset email for security verification purposes. This helps us verify the legitimacy of the password reset request and protect your account.

Automated Spam Detection: To maintain the integrity of our platform and protect users from spam, visitor activity may be checked through an automated spam detection service. This service analyzes visitor interactions, including comments and form submissions, to identify and prevent spam activity. As part of this process, certain data may be transmitted to the spam detection service for analysis.

Embedded Content from Other Websites

Pages on BirdingApp may include embedded content, such as videos, images, articles, and more. Embedded content from other websites functions in the same way as if you were visiting those websites directly.

Please be aware that these external websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with the embedded content. This includes tracking your interaction with the embedded content and may involve the storage of cookies on your device by the external websites. We do not have control over the data collection or tracking activities performed by these external websites.

Submissions to this server and affiliated web servers

Any information, including comments, suggestions, ideas, graphics, or other submissions, that are communicated through this site or its affiliated web servers are considered non-confidential and non-proprietary. By submitting such information, you grant BirdingApp a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display the information for any purpose, without restriction or compensation to the person sending the submission.

Cookies

BirdingApp utilizes cookies and/or other local data storage methods to enhance your browsing experience. When you leave a comment or sign up on our service, cookies may be used to store your name, email address, and other profile data indefinitely, providing convenience for future interactions. Additionally, cookies are employed on the login page to determine cookie acceptance, and login cookies are set to save your login information and display preferences indefinitely. These cookies and local data are discarded depending on your browser settings or when you clear your browser data and history and/or uninstall or delete local storage on the app.

Liability and Responsibility

Technical Limitations: We are not responsible for any technical, hardware, or software failures that may occur, including lost or unavailable network connections, incomplete, garbled, or delayed computer transmissions.

Limitation of Liability: Under no circumstances will we be liable for any damages or injuries arising from the use of the materials on this site. The materials are provided “as is” and without warranties of any kind, to the fullest extent permitted by applicable laws. We do not guarantee the accuracy, completeness, or currency of the provided materials. The materials are intended for general information purposes only and should not be solely relied upon for making significant decisions.

External Links: We may provide links to other websites and services that are not maintained by us. We do not endorse these sites and are not responsible for their content. Users should exercise caution and review the terms of use and privacy policies of those external sites.

Geographic Applicability: This site is operated in the United States of America, and we make no representation that the provided content is applicable or appropriate for use in other locations. Users accessing the site from outside the United States do so at their own risk and are responsible for compliance with local laws.

Field Activities: We are not responsible for any missed rare birds or other unfortunate events that may occur while participating in field activities with individuals you have met through this site. Users are advised to exercise caution, use their judgment, and adhere to local regulations and safety guidelines during such activities.

Intellectual Property

Ownership: All content, images, logos, and materials displayed on BirdingApp are the intellectual property of Epter, LLC, unless otherwise stated. Unauthorized use, reproduction, or distribution of the intellectual property is strictly prohibited.

User Rights: By submitting content to BirdingApp, users grant Epter, LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display the content in connection with the services provided by BirdingApp.

Age Restrictions

Minimum Age Requirement: Users must be at least 13 years old to access and use BirdingApp. By using the services, users confirm that they meet the minimum age requirement.

User Conduct

Acceptable Use: Users are expected to engage in respectful and responsible behavior, as outlined in our Community Guidelines, when using BirdingApp. This includes refraining from posting offensive, inappropriate, or illegal content, and respecting the rights and privacy of others.

Prohibited Activities: Users must not engage in any activities that violate applicable laws or regulations, infringe upon intellectual property rights, disrupt the functionality of BirdingApp, or compromise the security and privacy of other users.

Security Measures

Data Protection: BirdingApp employs industry-standard security measures to protect user data and ensure the integrity of the platform. This includes encryption, regular data backups, and adherence to established security protocols.

Dispute Resolution

Mediation: In the event of a dispute between users and BirdingApp, both parties agree to attempt mediation in good faith before resorting to legal action. Any unresolved disputes shall be subject to binding arbitration.

Enforcement of policies

Governing Law: These policies are governed and interpreted in accordance with the laws of the State of Tennessee, United States of America, regardless of any principles or conflicts of law that may arise.

Severability: If any part of these terms and conditions is deemed unlawful, void, or unenforceable, that specific provision will be considered severable from the remaining provisions, and it will not affect the validity and enforceability of the other provisions.

Revision of Terms: We reserve the right to revise these terms and conditions at any time by updating the policies page on our website. Users are responsible for regularly reviewing the latest version of the policies to stay informed about any updates or changes.

Revision 1.6 – 10/23/2023