This Privacy Policy describes how Fyello Productivity SIA, registration number 40203455420, legal address Slokas street 30A - 15, Riga, Latvia ("Company," "we," "us," or "our") collects, uses, and discloses information about you when you register and use the BirdyChat peer-to-peer messaging service ("BirdyChat" or “Service”). We process your personal data in compliance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter – “GDPR”). We are the data controller under the GDPR.
Take your time to carefully read this Privacy Policy and, if you have any questions, please feel free to contact Us. We may update this Privacy Policy from time to time. If we make material changes, we will notify you via email or through the Service.
This Privacy Policy describes how Fyello Productivity SIA, registration number 40203455420, legal address Slokas street 30A - 15, Riga, Latvia ("Company," "we," "us," or "our") collects, uses, and discloses information about you when you register and use the BirdyChat peer-to-peer messaging service ("BirdyChat" or “Service”). We process your personal data in compliance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter – “GDPR”). We are the data controller under the GDPR.
Take your time to carefully read this Privacy Policy and, if you have any questions, please feel free to contact Us. We may update this Privacy Policy from time to time. If we make material changes, we will notify you via email or through the Service.
1. Where do we obtain your personal data?
1. Where do we obtain your personal data?
We obtain your personal data from the following sources:
From you, when you register on BirdyChat and communicate with other users on BirdyChat;
From your personal device when you use the Service;
From our users when they send you an invite to connect.
2. What personal data do we collect and for purposes do we use it?
2. What personal data do we collect and for purposes do we use it?
2.1. Enabling the registration on BirdyChat
We process your personal data in order to initially set up your BirdyChat account so that you can use it later to communicate with other users or invite other users.
2.1. Enabling the registration on BirdyChat
We process your personal data in order to initially set up your BirdyChat account so that you can use it later to communicate with other users or invite other users.
Data Subjects:
Data Categories:
Your name, surname, e-mail address;
Authentication details (e-mail address, timestamps);
Profile picture and other details.
Legal Grounds for Data Processing:
Conclusion, performance, amendment and administration of the agreement (Article 6(1)(b) of the GDPR).
Duration of Data Processing:
The data are retained throughout the use of the Service and for a maximum period of 5 years after ceasing to use the Service.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
Data Subjects:
Data Categories:
Your name, surname, e-mail address;
Authentication details (e-mail address, timestamps);
Profile picture and other details.
Legal Grounds for Data Processing:
Conclusion, performance, amendment and administration of the agreement (Article 6(1)(b) of the GDPR).
Duration of Data Processing:
The data are retained throughout the use of the Service and for a maximum period of 5 years after ceasing to use the Service.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
2.2. Enabling user-to-user communications on BirdyChat
We process your personal data when you start a new chat session with another user on the BirdyChat network or to continue an existing chat session.
2.2. Enabling user-to-user communications on BirdyChat
We process your personal data when you start a new chat session with another user on the BirdyChat network or to continue an existing chat session.
Data Subjects:
Data Categories:
Your contact information (name, surname, e-mail address);
Authentication data (e-mail address);
Profile picture and other details;
Information regarding the contacts you are trying to connect with or are connected with (e-mail, name, surname, their profile details);
Messages, attachments and other materials that you send through BirdyChat to your contacts;
Information related to messages sent (timestamps, status (read/unread), reactions).
Legal Grounds for Data Processing:
Conclusion, performance, amendment and administration of the agreement (Article 6(1)(b) of the GDPR).
Duration of Data Processing:
The data are retained throughout the use of the Service and for a maximum period of 5 years after ceasing to use the Service.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
Data Subjects:
Data Categories:
Your contact information (name, surname, e-mail address);
Authentication data (e-mail address);
Profile picture and other details;
Information regarding the contacts you are trying to connect with or are connected with (e-mail, name, surname, their profile details);
Messages, attachments and other materials that you send through BirdyChat to your contacts;
Information related to messages sent (timestamps, status (read/unread), reactions).
Legal Grounds for Data Processing:
Conclusion, performance, amendment and administration of the agreement (Article 6(1)(b) of the GDPR).
Duration of Data Processing:
The data are retained throughout the use of the Service and for a maximum period of 5 years after ceasing to use the Service.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
If you are not a user of BirdyChat, we process your contact information provided by a BirdyChat user wishing to connect with you. In such a case we send you an email with an invitation to join BirdyChat on our user’s behalf. If you do not wish to register on BirdyChat, you can opt out of receiving further communication from BirdyChat.
If you are not a user of BirdyChat, we process your contact information provided by a BirdyChat user wishing to connect with you. In such a case we send you an email with an invitation to join BirdyChat on our user’s behalf. If you do not wish to register on BirdyChat, you can opt out of receiving further communication from BirdyChat.
Data Subjects:
Persons invited by BirdyChat users.
Data Categories:
Your contact information (e-mail address)
Legal Grounds for Data Processing:
Our legitimate interest (Article 6(1)(f) of the GDPR):
to enable existing BirdyChat users to invite and connect with other potential BirdyChat users.
Duration of Data Processing:
In the event you continue with the registration after receiving an invite, the data are retained throughout the use of the Services and for a maximum period of 5 years after ceasing to use the Service.
In the event you do not wish to register and choose to opt out of receiving further communication from BirdyChat, we will retain your personal data for a maximum period of 5 years.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
Data Subjects:
Persons invited by BirdyChat users.
Data Categories:
Your contact information (e-mail address)
Legal Grounds for Data Processing:
Our legitimate interest (Article 6(1)(f) of the GDPR):
to enable existing BirdyChat users to invite and connect with other potential BirdyChat users.
Duration of Data Processing:
In the event you continue with the registration after receiving an invite, the data are retained throughout the use of the Services and for a maximum period of 5 years after ceasing to use the Service.
In the event you do not wish to register and choose to opt out of receiving further communication from BirdyChat, we will retain your personal data for a maximum period of 5 years.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
2.3. Enabling user-to-user communications via WhatsApp interoperability
When you start a new chat session with a user on the WhatsApp Ireland Limited (“WhatsApp”) network via interoperability, BirdyChat processes the date related to interoperability. Please note that WhatsApp also in a capacity of a data controller collects the following information about you as per the WhatsApp DMA notice: https://www.whatsapp.com/legal/dma-notice-non-users
2.3. Enabling user-to-user communications via WhatsApp interoperability
When you start a new chat session with a user on the WhatsApp Ireland Limited (“WhatsApp”) network via interoperability, BirdyChat processes the date related to interoperability. Please note that WhatsApp also in a capacity of a data controller collects the following information about you as per the WhatsApp DMA notice: https://www.whatsapp.com/legal/dma-notice-non-users
Data Subjects:
Data Categories:
The email address you use as username on BirdyChat network;
Your messages and media within messages;
User identifiers for blocked WhatsApp users;
Usage information including timestamps related to your communication with WhatsApp users;
Device and connection information such as IP address, operating system information and the BirdyChat version you are using;
General location information using your IP address;
Authentication information including encryption keys that WhatsApp encryption protocol uses;
WhatsApp user reports in case a WhatsApp user chooses to share this information with WhatsApp.
Legal Grounds for Data Processing:
Legal grounds for processing are provided in the WhatsApp DMA notice: https://www.whatsapp.com/legal/dma-notice-non-users
Duration of Data Processing:
Retention periods of the personal data processed are provided in the WhatsApp DMA notice: https://www.whatsapp.com/legal/dma-notice-non-users
Data Subjects:
Data Categories:
The email address you use as username on BirdyChat network;
Your messages and media within messages;
User identifiers for blocked WhatsApp users;
Usage information including timestamps related to your communication with WhatsApp users;
Device and connection information such as IP address, operating system information and the BirdyChat version you are using;
General location information using your IP address;
Authentication information including encryption keys that WhatsApp encryption protocol uses;
WhatsApp user reports in case a WhatsApp user chooses to share this information with WhatsApp.
Legal Grounds for Data Processing:
Legal grounds for processing are provided in the WhatsApp DMA notice: https://www.whatsapp.com/legal/dma-notice-non-users
Duration of Data Processing:
Retention periods of the personal data processed are provided in the WhatsApp DMA notice: https://www.whatsapp.com/legal/dma-notice-non-users
2.4. Protecting the rights, property, or safety of BirdyChat, our users, or others
We process your personal data in order to implement our legal requirements and to defend our legitimate interests, protect our property and interests and those of other persons, collect evidence of violations and prevent the abuse of our interests, those of other persons, abuse of the Service, also to administer, manage and recover damages inflicted on us and our property.
Data Subjects:
BirdyChat users;
Invited contact persons of BirdyChat users.
Data Categories:
Information on the damages inflicted;
Audit trail of your activities in the Service;
All other relevant personal data specified in this Privacy Policy.
Legal Grounds for Data Processing:
Our legitimate interest (Article 6(1)(f) of the GDPR):
to ensure protection of our rights, safety, property, property interests and those of other persons;
to administer, manage and recover any damages inflicted on us and our property;
to ensure pursuance of our rights and legitimate interests.
Duration of Data Processing:
The data, including the log files related authentication and unsuccessful authentication attempts are retained for a maximum period of 5 years.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
Data Subjects:
BirdyChat users;
Invited contact persons of BirdyChat users.
Data Categories:
Information on the damages inflicted;
Audit trail of your activities in the Service;
All other relevant personal data specified in this Privacy Policy.
Legal Grounds for Data Processing:
Our legitimate interest (Article 6(1)(f) of the GDPR):
to ensure protection of our rights, safety, property, property interests and those of other persons;
to administer, manage and recover any damages inflicted on us and our property;
to ensure pursuance of our rights and legitimate interests.
Duration of Data Processing:
The data, including the log files related authentication and unsuccessful authentication attempts are retained for a maximum period of 5 years.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
2.5. Providing client service – inquiries, requests, complaints
If you contact us in writing (by e-mail or otherwise), we will store the fact of you contacting us and the information provided, including personal data, so that we can properly examine your request and/or respond to your question, request or complaint.
Data Subjects:
Data Categories:
E-mail address, other information pertaining to your inquiry, including, but not limited to, first name, surname, complaint, request, inquiry text, description of the circumstances of the complaint or another inquiry, documents supporting the complaint, request, inquiry, other information provided to us.
Legal Grounds for Data Processing:
Conclusion, performance, amendment and administration of the agreement (Article 6(1)(b) of the GDPR).
Our legitimate interest to provide client service (Article 6(1)(f) of the GDPR).
Duration of Data Processing:
Complaints, claims, written requests related to the Service and/or which may be related to disputes, shall be retained for 5 years after you initially contact us, unless longer periods apply.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
Data Subjects:
Data Categories:
E-mail address, other information pertaining to your inquiry, including, but not limited to, first name, surname, complaint, request, inquiry text, description of the circumstances of the complaint or another inquiry, documents supporting the complaint, request, inquiry, other information provided to us.
Legal Grounds for Data Processing:
Conclusion, performance, amendment and administration of the agreement (Article 6(1)(b) of the GDPR).
Our legitimate interest to provide client service (Article 6(1)(f) of the GDPR).
Duration of Data Processing:
Complaints, claims, written requests related to the Service and/or which may be related to disputes, shall be retained for 5 years after you initially contact us, unless longer periods apply.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
2.6. Improving the Service and user experience
We use the data, collected automatically upon using the Services, to improve and tailor BirdyChat’s Service, identify and resolve technical and security issues, create user statistics, and for other purposes related to the improvement of our performance.
Data Subjects:
Data Categories:
Data related to your use of BirdyChat, including the type of device you use, your IP address, region, timezone, operating system, and other usage statistics.
Legal Grounds for Data Processing:
Depending on the particular situation, a legal ground for the processing may be:
our legitimate interest to improve our Service (Article 6(1)(f) of the GDPR);
your consent (Article 6(1)(a) of the GDPR).
Duration of Data Processing:
The data are retained throughout the use of the Service and for a maximum period of 5 years after ceasing to use the Service.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
Data Subjects:
Data Categories:
Data related to your use of BirdyChat, including the type of device you use, your IP address, region, timezone, operating system, and other usage statistics.
Legal Grounds for Data Processing:
Depending on the particular situation, a legal ground for the processing may be:
our legitimate interest to improve our Service (Article 6(1)(f) of the GDPR);
your consent (Article 6(1)(a) of the GDPR).
Duration of Data Processing:
The data are retained throughout the use of the Service and for a maximum period of 5 years after ceasing to use the Service.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
2.7. Communicating with you
Communicating with you, including sending you service-related announcements, notifications and updates.
Data Subjects:
Data Categories:
Contact information (name, surname, e-mail address);
Content of our communications.
Legal Grounds for Data Processing:
Depending on the particular situation, a legal ground for the processing may be:
Legitimate interest to provide you with service-related announcements (Article 6(1)(f) of the GDPR).
Duration of Data Processing:
The data are retained throughout the use of the Service and for a maximum period of 5 years after ceasing to use the Service.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
Data Subjects:
Data Categories:
Contact information (name, surname, e-mail address);
Content of our communications.
Legal Grounds for Data Processing:
Depending on the particular situation, a legal ground for the processing may be:
Legitimate interest to provide you with service-related announcements (Article 6(1)(f) of the GDPR).
Duration of Data Processing:
The data are retained throughout the use of the Service and for a maximum period of 5 years after ceasing to use the Service.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
2.8. Implementing marketing activities
If you have granted your consent, we may use your contact information to send you offers, newsletters, or other information that you may find relevant and interesting. You may opt out from receiving these offers at any time.
Data Subjects:
Data Categories:
Contact information (name, surname, email address);
Content of marketing communications sent to you.
Legal Grounds for Data Processing:
Depending on the particular situation, a legal ground for the processing may be:
Legitimate interest to implement BirdyChat’s marketing activities;
your consent.
Duration of Data Processing:
Until the withdrawal of the consent.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
Data Subjects:
Data Categories:
Contact information (name, surname, email address);
Content of marketing communications sent to you.
Legal Grounds for Data Processing:
Depending on the particular situation, a legal ground for the processing may be:
Legitimate interest to implement BirdyChat’s marketing activities;
your consent.
Duration of Data Processing:
Until the withdrawal of the consent.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
2.9. Administering BirdyChat’s social networks
BirdyChat administers its accounts on the following social networks including LinkedIn.
If you are interested in the services we provide and follow any of BirdyChat’s social network accounts and/or carry out activities on those accounts, we process information that is related to the interaction between BirdyChat’s accounts and you.
Data Subjects:
Followers of BirdyChat’s social network accounts.
Data Categories:
Contact information (name, surname, username);
Information on the social network account (picture, workplace, and other information which is publicly available on your social network account);
Information on your interaction with BirdyChat’s accounts (use of the functions “like”, “follow”, “comment”, “share”, etc., comments and other kinds of communication).
Legal Grounds for Data Processing:
Depending on the particular situation, a legal ground for the processing may be:
Legitimate interest to implement BirdyChat’s marketing activities;
your consent.
Duration of Data Processing:
Until the withdrawal of the consent.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
Data Subjects:
Followers of BirdyChat’s social network accounts.
Data Categories:
Contact information (name, surname, username);
Information on the social network account (picture, workplace, and other information which is publicly available on your social network account);
Information on your interaction with BirdyChat’s accounts (use of the functions “like”, “follow”, “comment”, “share”, etc., comments and other kinds of communication).
Legal Grounds for Data Processing:
Depending on the particular situation, a legal ground for the processing may be:
Legitimate interest to implement BirdyChat’s marketing activities;
your consent.
Duration of Data Processing:
Until the withdrawal of the consent.
Chapter 6 of the Privacy Policy lists cases and conditions when the personal data can be stored or otherwise processed for a longer period of time.
3. To whom do we disclose personal data?
3. To whom do we disclose personal data?
We may disclose your information to third parties in the following circumstances:
to other users of BirdyChat at your direction when you communicate with them or join group conversations or channels;
to push notification service providers including Apple Distribution International Limited and Google Ireland Limited services;
to email service providers when delivering message notifications and other Service communications over email;
to cloud data storage, logging, telemetry and product analytics providers when you become a user of the Service or are using the Service;
WhatsApp Ireland Limited when you start a new chat session with a user on the network via interoperability function;
to governmental authorities when we are required to comply with legal obligations or to respond to lawful requests from governmental authorities;
to relevant authorities when we need to protect the rights, property, or safety of the Company, our users, or others;
to our legal services providers when we need to protect the rights, property, or safety of the Company, our users, or others;
in connection with a merger, acquisition, or other corporate transaction.
4. Data transfer to third countries
4. Data transfer to third countries
We do not transfer your data outside of European Economic Area.
We implement commercially reasonable technical and organizational measures to safeguard your personal information against unauthorized access, disclosure, alteration, or destruction.
Please note, however, that no method of transmitting or storing data over the Internet is completely secure. We encourage you to use caution when deciding what information to share through the Service. While we strive to protect your information, we cannot guarantee the security of data transmitted through BirdyChat or stored on our systems.
Additionally, we are not responsible for any circumvention of privacy settings or security measures implemented on the Service or on third-party platforms you may access through BirdyChat.
6. Data retention
Personal data specified in this Privacy Policy shall be stored and otherwise processed for no longer than the period necessary to achieve the purposes for which the data were collected. The data, including the log files related to authentication and unsuccessful authentication attempts are retained for a maximum period of 5 years.
We may retain certain categories of data for a longer period of time, based on our legitimate interest in appropriate situations (for instance, for the purposes of legal claims and defence of our legal and contractual interests).
In the event we rely on your consent for personal data processing, we will retain it until you revoke such consent or will delete it earlier, if the personal data is no longer necessary.
7. Your rights
You have control over your personal information and how it is used. Within BirdyChat, you can update or delete your account information at any time by accessing your account settings. You may also opt out of receiving non-essential communications from us by following the unsubscribe instructions in those messages.
You have the following rights:
The right to access data processed and the right to obtain a copy of personal data
You can submit your request for the exercise of your rights to privacy@birdy.chat
Right to rectification of personal data
In case of any changes in your personal data (e.g. e-mail address), or in case you think that the information processed by us about you is inaccurate or incorrect, you have the right to demand to modify, amend or correct such information.
Right to withdraw the consent
In cases where we process your data on the basis of your consent, you have the right to withdraw your consent at any time and data processing based on your consent will stop.
You have the right to withdraw consent at any time by e-mail: privacy@birdy.chat
Right to object to data processing, when processing is based on legitimate interests
You have the right to object to personal data processing, when personal data is processed based on our legitimate interests by contacting us at privacy@birdy.chat
Right to erasure (right to be forgotten)
When there are certain circumstances indicated in the GDPR (e.g. when the basis for data processing has ceased to exist), you have the right to request that we erase your personal data.
Right to restriction of data processing
When there are certain circumstances indicated in the GDPR (when personal data is processed unlawfully, when you challenge data accuracy, you stated an objection to data processing on the basis of our legitimate interest, etc.), you also have the right to restrict your data processing.
However, we must point out that, because of the restriction of data processing and during the period of such restriction, we may be unable to guarantee you all the services.
Right to data portability
When there are certain circumstances indicated in the GDPR, you have the right to ask Us to send your personal data to another controller. In order to exercise this right, please contact us by e-mail: privacy@birdy.chat.
Right to lodge a complaint
Should you consider that your personal data is being processed in a con-compliant manner or your rights in connection with data processing are violated, you also have the right to contact the relevant data protection authority and file a complaint. Data State Inspectorate (Datu valsts inspekcija) is the national Data Protection Authority for Latvia and more information can be found on their website https://www.dvi.gov.lv/lv or by contacting them at:
Phone: +371 67223131
E-mail: pasts@dvi.gov.lv
Address: Elijas iela 17, Rīga LV-1050
Examination procedure of requests
In order to protect your data from illegal disclosure, upon receipt of your request to present data or implement other rights of yours, we will have to verify your identity. Upon receipt of your request regarding implementation of any right of yours and having successfully performed the above-indicated verification procedure, we undertake without undue delay, but in any case no later than within one month after receipt of your request and completion of the verification procedure, to give you information about actions we took with regard to your request. With regard to complexity and number of requests, we have the right to extend the period of one month for two more months, informing you about it before the end of the first month and indicating reasons for such an extension.
If your request is submitted electronically, we will give the answer to you electronically, too, unless it is impossible (e.g. due to a particularly large scope of information) or when you request to answer you in some other way.
We have the right to refuse to satisfy your request by our reasoned written response under the conditions and grounds provided for in the GDPR. We will provide you with information free of charge, however, if the requests are manifestly unfounded or disproportionate, in particular because of their repetitive content, we may require a reasonable fee to cover administrative costs or may refuse to act upon your request.
8. Children's privacy
BirdyChat is not intended for use by children under the age of 18. We do not knowingly collect personal information from children under 18.
By using the Service, you represent that you are at least 18. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.
If you believe that we have inadvertently collected information from a child under 18, please contact us immediately.
9. Contact us
If you have questions or comments about this notice, you may email us at privacy@birdy.chat or by post to:
Fyello Productivity SIA
Lastādijas iela 12-k-3
Riga LV-1050
Latvia
