INFORMATION WE COLLECT AND HOW WE USE IT

BluBird Marketing Services collects information from its direct customers and for our direct customers. This information is used accordingly:

• Information you provide – When you sign up, we ask you for personal information (such as your name, email address and an account password). For certain services, such as our advertising programs, we also request credit card or other payment account information which we maintain in encrypted form on secure servers.
• Cookies – When you visit BluBird Marketing Services and one of our customers, we send one or more cookies – a small file containing a string of characters – to your computer that uniquely identifies your browser. We use cookies to improve the quality of our service by storing user preferences and tracking user trends, such as how people search.
• Log information – When you access BluBird Marketing Services’s services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
• User communications – When you send email or other communications to BluBird Marketing Services and/or one of BluBird Marketing Services’s customer’s, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
• Links – BluBird Marketing Services may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising.
• BluBird Marketing Services uses personal information for the purposes described in this Privacy Policy and/or the supplementary privacy notices for specific services. In addition to the above, such purposes include:
• Providing our services to users, including the display of customized content and advertising;
• Auditing, research and analysis in order to maintain, protect and improve our services;
• Ensuring the technical functioning of our network; and Developing new services.

 

CHOICES FOR PERSONAL INFORMATION

When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

If we propose to use personal information for any purposes other than those described in this Privacy Policy and/or in the specific service privacy notices, we will offer you an effective way to opt out of the use of personal information for those other purposes.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some BluBird Marketing Services features and services may not function properly if your cookies are disabled.

You can decline to submit personal information to any of our services, in which case BluBird Marketing Services may not be able to provide those services to you.

INFORMATION SHARING

BluBird Marketing Services only shares personal information with other companies or individuals outside of BluBird Marketing Services in the following limited circumstances:

• We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
• We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
• We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of BluBird Marketing Services, its users or the public as required or permitted by law.

If BluBird Marketing Services becomes involved in a merger, acquisition or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.

We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who searched for a particular term, for example, or how many users clicked on a particular advertisement. Such information does not identify you individually.

INFORMATION SECURITY

We restrict access to personal information to BluBird Marketing Services employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

DATA INTEGRITY

BluBird Marketing Services processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete and current, but we depend on our users to update or correct their personal information whenever necessary.

ACCESSING AND UPDATING PERSONAL INFORMATION

When you use BluBird Marketing Services’s services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users’ personal information. We provide the details for these procedures in the specific privacy notices or FAQs for these services.

SERVICE AGREEMENT

This Agreement sets forth the terms and conditions upon which Service provider will provide services (the “Services”) to Customer.

1. SUPPORT SERVICES AGREEMENT

Services. BluBird Marketing Services, Inc. (“Service Provider”) shall provide (“Customer”) with the “Services” as described in this Agreement and as described in any schedules attached hereto (the “Schedules”). All such Services shall be subject to the terms and conditions of this Agreement and any terms or conditions printed on the Schedules. The term “Services”, when used within a Schedule attached hereto, shall refer to the services to be provided under that Schedule only. Service provider shall provide the customer with 30 days advance written notice of any changes to the terms and conditions of this agreement. Customer can choose to opt out of such changes with written notification to Service provider within 30 days of receiving the initial change notification and terminate the agreement without penalty. The customer agrees to pay any outstanding charges on the agreement up and until the date of termination.

2. SERVICE FEES AND PAYMENT SCHEDULE

1. Monthly Fee. Service provider will provide the services to Customer as detailed herein or in any schedules attached to this agreement. The monthly service fee will be invoiced on or about the 15th day of each month prior to the month in which services are provided, allowing you time to review your billing. Payment is made automatically via credit/debit card/bank account (ACH) (as provided by customer for the recurring monthly payment for services) on the first day of each calendar month. Payments made outside the scope of any agreement are not included in the monthly recurring bill.

2.9. Billing. Service provider will invoice the customer for all additional approved services, charges, software, and taxes on demand according to customer terms. All fees for the services provided in this agreement are invoiced in advance and pre-paid.

2.10. Terms. All invoices and payments are due NET30 unless other terms are approved by service provider.

3. TERM AND TERMINATION

1. TERM. The initial term for Services provided is one year from date of deployment starting at the beginning of the calendar month in which services are deployed. This Agreement shall automatically renew for successive one-year terms for the life of the Customer relationship. Customer may choose not to renew services for successive terms with thirty (30) day notice to Service provider.

2. Service provider will provide services in a competent manner, comparable to industry standards. If Service provider does not provide services in such manner and cannot rectify the problem(s), within thirty (30) days from customer written notice in which customer identifies the problem(s), customer will have the right to terminate the respective Schedule only.

4. In the case of default by either party under this Agreement, the defaulting party will reimburse the non-defaulting party for all costs and expenses arising from the default, including reasonable attorney fees if the non-defaulting party engages in legal counsel to preserve or enforce such rights under this Agreement, including the collection of any payments due.

5. Termination of this Agreement will not adversely affect any right existing as of the effective date of termination. The rights and remedies provided under this Agreement are cumulative and in addition to any other rights or remedies available at law and in equity, and any other contract instrument or paper.

4. INDEMNITY. Each party hereby agrees to indemnify and hold the other party harmless from and against any and all third-party claims, demands, actions, losses, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or resulting from the performance, or lack of performance, of each party’s activities under this Agreement except to the extent caused by either party’s negligence or willful misconduct. Service provider shall defend and indemnify Customer against all claims, damages, etc. arising from Service provider employees’ and agents’ activities at Customer facilities.

5. NOTICES

All notices herein provided for, or which may be given in connection with this Agreement shall be sent via email or regular mail or by postage prepaid. If any such notice shall be given by Customer to Service provider, it shall be addressed to:

support@blubirdmarketingservices.com or

BluBird Marketing Services, Inc. 1501 Woodfield Rd.

Suite 115W, Schaumburg, IL 60173

6. REPRESENTATION AND WARRANTIES.

We represent and warranty that we

(a) have the right, power and authority to enter into this Agreement and to fully perform all of our obligations hereunder; and (b) will use commercially reasonable efforts to provide all services required of us under the Agreement in accordance with prevailing industry standards. You represent and warranty that you (a) have the right, power, and authority to enter into this Agreement and to fully perform all of your obligations hereunder.

7. DISCLAIMER OF WARRANTIES: LIMITATION OF DAMAGES

1. THE EXPRESS, BUT LIMITED WARRANTY IN SECTION 11 ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING OUR SERVICES AND WE AND OUR AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL WARRANTIES (IMPLIED OR EXPRESS) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT REGARDLESS OF WHETHER THE ACTION AROSE INSIDE OR OUTSIDE THE UNITED STATES. THERE IS NO WARRANTY AGAINST INACCURACY. THERE IS NO WARRANTY OF SYSTEMS INTEGRATION. THERE IS NO WARRANTY THAT OUR OBLIGATIONS UNDER THIS AGREEMENT WILL FULFIL ANY OF YOUR OR ANY AUTHORIZED USER’S PARTICULAR PURPOSES OR NEEDS.

2. WE PROVIDE THE SERVICES “AS IS”. YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT THE SOLE RISK OF YOU AND EACH AUTHORIZED USER. YOU ACKNOWLEDGE THAT THE USE OF THE SERVICES BY YOU AND EACH AUTHORIZED USER ARE AT YOUR OWN RISK AND THAT THERE IS NO WARRANTY OF INTERRUPTED OR ERROR-FREE SERVICE OR ACCURACY OR RELIABILITY.
   

3. WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST DATA OR CONFIDENTIAL INFORMATION, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, COSTS OR PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION ARISING FROM OR RELATING TO THIS AGREEMENT OR ARISING FROM OR RELATING TO THE USE OF THE SOFTWARE WHICH HAS BEEN MODIFIED BY ANYONE OTHER THAN US, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, THAT RESULT FROM THE USE OR INABILITY TO USE THE SERVICES OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR DIRECTORIES, LOSS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING NEGLIGENCE OR OTHER TORTS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. You acknowledge and agree you have relied on no warranties except our limited express warranty in section 6.

5. You agree that the total liability of us and our Affiliates and the sole remedy of you and any End User for any claims regarding our services is limited to your right to terminate this Agreement. Further, should a court nonetheless find that a remedy is not exclusive or that we are for any reason nonetheless liable for money damages, our cumulative liability in connection with this Agreement and our Services, whether in contract, tort or otherwise, shall not exceed the amount paid to us under this Agreement during the three months preceding the events giving rise to such liability. The existence of more than one claim shall not enlarge that

limitation of liability.

8.7. Except as expressly provided in the Agreement, you acknowledge that (a) we are in no manner responsible for any action or inaction of any third party, including, but not limited to, hardware or software vendors or Internet service providers; (b) we have not represented that the Services shall be uninterrupted, error-free, or without delay; and (c) we do not and cannot control the flow of

9. CONFIDENTIALITY

Service provider recognizes that in the course of performing Services, it may have access to confidential and proprietary information, and trade secrets concerning Customer’s business and operations, including, without limitation, financial and tax information, business plans and development strategy, and marketing methodology, (collectively referred to as “Confidential Information”). Service provider recognizes that disclosure of the Confidential Information to competitors; non-authorized third parties or the general public would be detrimental to the Company. Accordingly, Service provider covenants and agrees with Customer that it will keep secret and treat confidentially the Confidential Information and will not disclose any of the Confidential Information to any person or entity nor shall he use the Confidential Information for any purpose other than purposes which serve Customer.