PRIVACY POLICY

This privacy policy (“Policy”) describes how Hummingbiird, Inc. and our affiliates and subsidiaries (“Hummingbiird” or “we” or “us” or “our”) treats information collected or provided in connection with transactions, activities, and data gathered when a User (“you” or “User”) visits or uses the Hummingbiird Platform. This Policy is incorporated by reference into the Terms of Use. Any capitalized terms used and not defined in this Policy shall have the meaning given to them in the Terms of Use.

Please note that the use of the Hummingbiird Platform constitutes your acceptance of this Policy. If you do not agree with how we have determined to handle your information, please do not visit or use the Hummingbiird Platform.

  1. 1. Effective Date and Changes

This Policy applies to all information collected by or provided to us on or after the Effective Date. Hummingbiird will periodically review and revise this Policy as Hummingbiird modifies the Platform and will update the Effective Date above upon any such changes. We will treat your continued use of the Hummingbiird Platform following such changes as your acceptance of them. We encourage you to periodically review this Policy.

If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than those policies in effect at the time we collected the information, we will make reasonable efforts to provide notice and to obtain consent to any such uses as may be required by law, but we will not be liable for any failure to do so.

  1. 2. Personal Information Collected on the Hummingbiird Platform

Because we respect your rights to your own privacy, we are committed to our policies established for the collection and/or use of your “Personal Information,” which is hereby defined as “full name, username, postal address, phone number, email address, age, birth date, and any information that could be used to identify, contact, or locate you directly without using the Hummingbiird Platform.”

For the purposes of this Policy, Personal Information does not include your photograph or other image. Hummingbiird has determined to establish separate policies specifically governing the use of photographs for and on the Hummingbiird Platform in Section 5 herein and further in our Terms of Use.

By using the Hummingbiird Platform, you are authorizing us to collect, parse, and retain data related to the provision of the Hummingbiird Platform. However, we also provide Users with options and choices regarding how we use and disclose some or all of your Personal Information, as set forth specifically below, including how to access, correct, and/or remove it. You may avoid further said data collection by uninstalling the App from your mobile device and not otherwise using the Hummingbiird Platform.

When you visit or use the Hummingbiird Platform, we collect information about you in the following general categories.

  • Location Information: We collect precise location data through the App when it is used by Providers if the Providers’ devices permit such information collection. We may collect this information when Providers use certain functionality, such as navigating to a location to provide the Services, and we may also collect the precise location of a Provider’s device when the App is running in the foreground or background. We may derive a Provider’s approximate location from the Provider’s IP address. The Hummingbiird Platform utilizes geo-location features to match Customers to Providers, to update Customers on the status of Providers en route to perform Services, to confirm that a Provider performed Services, and to improve the services on the Hummingbiird Platform.

We also may use and disclose geo-location we collect through the Hummingbiird Platform for other business purposes, including for legal purposes (such as to enforce our agreements) and in the event of a proposed or actual merger, sale, or other business asset transfers. The geo-location information obtained about a User will be retained in an identifiable manner, along with geo-location data about job sites where Providers performed Services on initial and/or follow-up jobs.

 

  • Transaction Information: We collect transaction details related to your use of the Hummingbiird Platform, such as type of service requested, date and time of service, amount charged, distance traveled, intra-User communications, ratings and reviews, and other related transaction details. 

 

  • Provider Registration and Payment: To register as a Provider, you may need to provide other Personal Information, including your social security number, bank account and a U.S. government-issued I.D., and in some jurisdictions we may collect additional business or contractor licenses. We share certain information with our partners who help us by running background checks on Providers to help protect the Hummingbiird community. We may use report information we receive from background check service providers for the purposes of assessing whether to permit an individual to use the Hummingbiird Platform as a Provider and to comply with applicable law. To make sure Providers get paid, we keep information about Provider’s bank routing numbers, tax information, and any other payment information provided by Providers. To keep your data secure, we do not store your full bank account information or social security number on our servers.

 

  • Hummingbiird Payment Method: When you add a credit card or payment method to your Hummingbiird account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.

 

  • Customer Support: We may collect Personal Information through your communications with our customer-support team.

 

  • Usage and Preference Information: We collect information that is generated automatically about how you and visitors interact with the Hummingbiird Platform, preferences expressed, and settings chosen. When we associate such information with specific personal information, we will treat the combination as Personal Information, as set forth herein.

 

  • Communications Between Users: As an enhanced privacy feature, we use a third-party service called Twilio to mask the telephone numbers used during calls or texts (SMS) between Users (See additional provisions regarding Twilio herein below). We do not reveal telephone numbers submitted on file, although we store any call data, including associated date, time, and content.

 

  • Device Information: We may collect information about your mobile device, including the following examples: the hardware model, operating system/version, software names/versions, file names/versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.

 

  • Log Information: When you interact with the Hummingbiird Platform, we collect server logs, which may include device IP addresses, access dates and times, app features or pages viewed, app crashes and other system activity, browser type, and the third-party site/service accessed immediately prior to interacting with the Hummingbiird Platform.

 

  • Third-Party Site Account Access: If you log in to the Hummingbiird Platform through a social networking site, such as Google or Facebook, we may collect your authentication token, registration information, and account identification number and use that information to provide you with access to your account on the Hummingbiird Platform.

 

  1. 3. Use of Information

We only use your Personal Information for Hummingbiird-Platform related purposes. (This includes the information collected by our third-party service providers, set forth herein; however, this does not include our use of photographs, which is governed separately).

Specifically, the purposes of our “use” include platform-analytics, marketing, advertising, and other purposes designed to help us efficiently operate and improve the Hummingbiird Platform in the following manner:

  • to contact you in connection with your Hummingbiird-related activities (including, but not limited to, confirmation emails, account verification text messages, push notification alerts, or important alerts that could affect your relationship with Hummingbiird),
  • for identification and authentication,
  • for security and fraud prevention,
  • to perform background checks,
  • to investigate potential unauthorized use of your information by a Provider,
  • to communicate Service requests from you to other Users, and/or
  • to suggest potential Customers for your Services.
  1. 4. Advertising and Advertising Opt-Out Provisions

We may use your Personal Information to provide advertising on/for the Hummingbiird Platform. At Hummingbiird, however, we do not rent, sell, or share your Personal Information with other parties or nonaffiliated companies for their direct marketing purposes without your express consent.

We may also send you email and other messages with personalized offers and information about products and services, and we may use Personal Information to show you online advertising on the Hummingbiird Platform, other websites, and other online services.

Hummingbiird provides Users the opportunity to opt out of receiving email marketing communications from us and our partners and gives Users the option to remove their information from our database, to not receive future email marketing communications, or to no longer receive our service. If you receive an unsolicited marketing email from a Hummingbiird email address, please contact privacy@Hummingbiird.com.

Third parties, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information from the websites and apps you visit and elsewhere on the internet and use that information to provide measurement services and target ads. You may be able to opt out of receiving personalized advertisements from advertisers and/or advertising networks who are either members of the Network Advertising Initiative or subscribers to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. To learn more about your choices for opting out of personalized advertising through websites and/or apps, please visit:

We use also use Twitter Ads products for purposes of conversion tracking and serving ads targeted to users’ interests. You can opt out of interest-based advertising on Twitter by adjusting your personalized ad settings for your Twitter account, or using the DAA’s opt out tool above. You can also learn more about Twitter Ads programs at: https://support.twitter.com/articles/20170405.

You may also be able to change your mobile device settings to opt out of personalized advertising through apps.  For example, for iOS mobile devices, go to “Settings” from your device’s home screen; scroll down to “Privacy”; select “Advertising”; and turn on “Limit Ad Tracking.”  Also, for location-based ads, you may go to “Settings” from your device’s home screen; select “Privacy”; select “Location Services”; select “System Services”; and de-select “Location-Based Apple Ads.”  For Android mobile devices, go to “Google Settings” on your device; select “Ads”; and check the box labeled “Opt Out of Interest-Based Ads.”

Please note that when you opt out of personalized advertising, you may continue to see online advertising on the Hummingbiird Platform and/or our ads on other Internet websites.

We may anonymize or aggregate data collected through the Hummingbiird Platform and use it for any authorized purpose.

  1. 5. Use of Your Profile Pictures and Other Job-related Pictures

“Photos” is defined as any photograph(s), image(s), or graphic(s) that we obtain from Users through the Hummingbiird Platform, including those uploaded by you or other Users, such as profile pictures and service-related job photos (See also additional related policies set forth in “Customer’s Confidential Information” and our Terms of Use).

Unless we expressly obtain your individual permission, Hummingbiird will only use your Photos specifically for Hummingbiird-platform related purposes, such as showing job-related pictures as well as marketing, advertising, and other related purposes. Hummingbiird enables Users to post job-related pictures, including “before” and “after” job pictures, to third-party websites and apps. Hummingbiird will not share your Photos with other third parties for their direct marketing purposes.

  1. 6. Disclosure of Information to Others

When you use the Hummingbiird Platform, our third-party partners, such as ad networks and analytics providers, use tracking technologies to collect information about how the Hummingbiird Platform is used and about the devices used to access the Hummingbiird Platform. Our partners also may collect information about your online activities over time and on other websites or apps. When our third-party partners provide such features, they are governed by the privacy policies of their governing organizations. You may be able to change browser or app settings to block and delete these technologies when you access the Hummingbiird Platform, but that might interfere with the Hummingbiird Platform’s proper functioning.

To operate the Hummingbiird Platform, including processing your transactions and supporting your activities on the Hummingbiird Platform, we may share your Personal Information with vendors, agents, and third-party service providers in exchange for their support services like email origination, receipt/support services, and other user relationship management services.

As set forth herein, we do not rent, sell, or share Personal Information (as defined by Florida Statutes § 501.171(1)(g)) about you with other people or nonaffiliated companies for their direct marketing purposes unless we have your permission. We may allow access to other data collected by the Hummingbiird Platform to enable the delivery of our online advertising on the Hummingbiird Platform and on other websites and online services, or to send you information we think may be useful or relevant to you. The following are examples of how we share your information with third-party service providers.

  • Google: We use Google Analytics Service for purposes of analyzing usage of the Hummingbiird Platform. You can find information about Google’s privacy practice at: https://www.google.com/policies/privacy/partners. We also use the Google Maps service, and you agree to the Google privacy policy located at http://www.google.com/policies/privacy.
  • Stripe: We use Stripe to process any billing information between Users and between Users and us, including credit card information Users submit. You can find information about Stripe’s privacy practice at https://stripe.com/us/privacy.
  • Checkr: We use Checkr for purposes of performing background checks on Providers that register to perform Services for Customers on the Hummingbiird Platform. During the registration process, the information you provide to Checkr is transmitted using SSL encryption, which is a primary tool in protecting sensitive operations with web servers during data transport of information that allows for a secure connection between the two parties. You can find information about Checkr’s privacy practice at: https://checkr.com/privacy-policy/.
  • Twilio: We use Twilio for registration of new Users to make sure your contact information is accurate and that every new user account in our system is an actual person we can serve. We also use Twilio to mask your telephone number when you call or text (SMS) message another User using the telephone number provided by Hummingbiird through the App. You can find information about Twilio’s privacy practice at: https://www.twilio.com/legal/privacy.
  • Other Users: When you agree to provide Services as a Provider, we will display certain information about you to the Customer who requested the work, including your name, photograph, geo-location, and rating. When you submit a Service request as a Customer, we will display certain information about you to Providers, including your name, address, photograph (if any), rating, and photographs of the job site.
  • Social Networking and Other Websites:The Hummingbiird Platform may allow you to share information, including Personal Information, with social networking websites, such as Facebook, Google, etc. We do not share your Personal Information with them unless you specifically authorize it. If you choose to log in to the Hummingbiird Platform through social networking websites, we may share information about your account with the social networking site. Their use of the information will be governed by their privacy policies, and you may be able to modify your privacy settings on their websites.
  • Legal and Similar Disclosures: We may access, preserve, and disclose collected information, if we believe doing so is required or appropriate in the following situations: to comply with law enforcement requests and legal process, such as a court order or subpoena; to respond to your requests; or to protect your, our, or others’ rights, property, or safety. We may also disclose information as part of a dispute among Users.
  • Merger, Sale, or Other Asset Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of Hummingbiird assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.
  • With Your Permission: We may also disclose your Personal Information with your permission as set forth herein.
  1. 7. Information Collected by Cookies and Other Technologies

Like most online services and mobile applications, we and our third-party service providers may use cookies, web beacons, and similar tracking technologies to collect information about your activity from the computer or devices you use to access the Hummingbiird Platform. A cookie is a file saved on a user’s hard drive that stores certain information about user activity. Users must agree to let cookies be saved for them, and most web browsers are set to accept cookies by default. Although you can modify your browser/device settings to reject cookies if desired, this could potentially affect the availability and functionality of our services.

Any third party with whom we are allowed to share your Personal Information is authorized to use your Personal Information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control. You agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your Personal Information by them.

  1. 8. How to Edit Your Personal Information

Hummingbiird provides you with the ability to access and edit your Personal Information: Sign into the app, access the Settings menu, and then view and update/correct your account information. So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your age, that you cannot alter yourself. Please contact us at support@Hummingbiird.com to change information you cannot access through your account.

  1. 9. Information Retention

To preserve the integrity of our databases, standard procedure calls for us to retain information submitted by members for an indefinite length of time. You agree that we may store the information we collect for this indefinite length of time.

  1. 10. Children’s Information

We do not knowingly collect information from children under 13, as the Hummingbiird Platform is not directed at Users under 18. If you are a parent and believe that your child under the age of 13 has used the Hummingbiird Platform and provided personal identifiable information to us through the Hummingbiird Platform, please contact us at support@Hummingbiird.com or at our mailing address so we can delete that account and/or any Personal Information collected from them on the Hummingbiird Platform.

  1. 11. Our Security Precautions

Your Hummingbiird profile is password-protected so that only you and authorized Hummingbiird employees have access to your account information. In order to maintain this protection, do not give your password to anyone. Hummingbiird staff will never proactively reach out to you and ask for any personal account information, including your password. If you share a computer or mobile device, in order to protect your information entered on public terminals from disclosure to third parties, you should sign out of your Hummingbiird account and close the browser window before someone else logs on. Hummingbiird has security measures in place intended to help protect against the loss, misuse, and alteration of the information under our control.

International. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, or other governmental jurisdiction in which you reside; and the privacy laws governing the country/jurisdiction of these computer networks may be less protective.

Hummingbiird takes steps to ensure that your information is secure on its system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Hummingbiird cannot guarantee the security of any information you transmit to us, and you do so at your own risk. HUMMINGBIIRD EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING, OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION OR USAGE INFORMATION AND FURTHER DISCLAIMS ANY LIABILITY THAT MAY ARISE SHOULD ANY OTHER INDIVIDUALS OBTAIN THE INFORMATION YOU SUBMIT TO THE HUMMINGBIIRD PLATFORM.

  1. 12. Links to Third-Party Websites and Online Services

This Policy applies solely to information collected by the Hummingbiird Platform. The Hummingbiird Platform may contain links to other websites, charitable organizations, or online services; and we of course are not responsible for other websites’ privacy practices. We advise Users upon leaving the Hummingbiird Platform to carefully review the privacy statements of any website that collects personally identifiable information.

Note that, as set forth herein, we do not provide your Personal Information to third parties for their own marketing purposes without your consent.

  1. 13. Contacting Hummingbiirds

If you have any questions about this Policy, the practices of Hummingbiird, or your dealings with Hummingbiird, you may contact us by email at support@Hummingbiird.com or by mail at Hummingbiird, LLC, Attn: Policy Team,1924 West Pensacola St., Suite 118, Tallahassee, Florida 32304.

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Hummingbiird Holding Company 2017-2018.

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Hummingbiird Holding Company 2017-2018.