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Wanna Play Competition - Terms and Conditions

BYRDLI Privacy Policy
Last Updated: September 16, 2024

BYRDLI (“BYRDLI,” “we,” or “us”) values your privacy and is committed to protecting your personal information. This Privacy Policy outlines how we collect, use, and disclose personal information when you visit our website located at https://byrdli.com (the “Website”), interact with us through our social media channels, or otherwise engage with us.

Collection and Use of Personal Information
Sharing of Personal Information
Information About Our Website
Interest-Based Advertising
Safeguards and Retention
Intellectual Property and Content Usage
Your Choices
Updates to The Privacy Policy
Contact Us

COLLECTION AND USE OF PERSONAL INFORMATION

We collect personal information when you:

Join BYRDLI as a creator
Book a travel experience through the Platform
Sign up to receive marketing communications
Participate in a survey
Attend one of our events
Apply for a job
Contact us

Join BYRDLI as a Creator:

To join BYRDLI as a creator, you will need to create an online account to access and use our travel platform (“Platform”) to share your travel experiences and content, manage your 'travel club,' and enable your community members to book experiences through your shop. We will collect your name, email address, social media handle, and bank (name, bsb, account number) & payment information (including billing address, credit card number, expiry date, and CVV/CVC code) to process commissions and administer your account. Your information will also be used to provide you with analytics and insights on your content performance.

Join a Club or Book an Experience through a Creator Club:

To join a club and book travel experiences through a creator club on our Platform, you will need to create an account. We will collect your name, email address, and password to create and manage your account. If you choose to book an experience through a creator club on BYRDLI, your payment and booking information (such as passport details or other travel documents) will be collected by a third-party service provider to process your booking.

Alternatively, travellers have the option to complete their booking without creating an account. In this case, we will only collect the information necessary to finalise your booking and process your payment. We do not store your payment information but may retain details necessary for verifying bookings or addressing queries.

Sign up for Marketing Communications:

If you sign up for email marketing communications, we will collect your email address to send you information about our products, offers, and events tailored to your interests. You can unsubscribe at any time by clicking the “unsubscribe” link in our emails or by contacting us as indicated below. Please note that you may continue to receive transactional or account-related communications.

We may use third-party platforms (such as social media) to serve targeted ads based on your interests and may provide hashed versions of your information to these platforms. To opt out, contact us as set forth in the "Contact Us" section below.

Participate in a Survey or Event:

We may occasionally offer you the chance to participate in surveys or attend our events. Participation is optional, and any information collected will help us better understand your needs and improve our services. For event participation, we may collect additional information such as your name, email, location, and any other details necessary to communicate with you about the event.

Apply for Opportunities with BYRDLI:

When applying for jobs or other opportunities with BYRDLI, you may provide us with personal information such as that included in resumes or cover letters. This information will be used solely for assessing your application and communicating with you about current or future opportunities.

Contact Us:

If you contact us with a question, comment, or complaint, we may collect information to identify you (e.g., name, email address) and any additional details needed to address your inquiry. We may retain this information to assist you in the future and to enhance our customer service.

Non-Identifiable Information:

We may aggregate or anonymize your personal information to protect your privacy and for research or analytics purposes, helping us improve our services and develop new offerings. We may share non-identifiable information with third parties to assist in planning, analytics, or service development.

SHARING OF PERSONAL INFORMATION

We do not sell or disclose your personal information to third parties without your consent, except as outlined below or as required by law.

Service Providers:

We may share your personal information with third-party service providers to provide services on our behalf, including hosting, payment processing, analytics, marketing, and booking management. These providers have access to your information only to the extent necessary to perform their functions and are prohibited from using it for other purposes. Information may be processed outside your jurisdiction (e.g., in the U.S.) by these providers.

Legal and Compliance:

We and our third-party service providers may disclose your personal information to comply with applicable laws, regulations, court orders, or other legal processes. Personal information may also be disclosed to protect our legal rights, prevent fraud, or ensure the security of our users and our Platform.

Business Transfers:

If BYRDLI is acquired, merges, or undergoes reorganisation, your personal information may be transferred as part of that transaction.

INFORMATION ABOUT OUR WEBSITE

Visiting our Website:

We collect the IP addresses of visitors and other details (e.g., browser type, time spent) to analyse Website activity and improve our services. We may use cookies to recognize your device and enhance your experience. You can disable cookies in your browser settings, though some features may not be available.

Analytics and Third-Party Links:

We may use third-party services like Google Analytics to understand website usage and improve the user experience. Our Website may contain links to third-party websites. We do not control these websites and encourage you to review their privacy policies.

INTEREST-BASED ADVERTISING

We may work with third-party ad networks to provide you with tailored advertisements based on your activity. To opt out of interest-based advertising, please refer to the Digital Advertising Alliance or contact us.

SAFEGUARDS AND RETENTION

We implement reasonable security measures to protect your personal information and retain it only as long as necessary for the purposes outlined in this policy or as required by law. All payment transactions made through our Platform are processed using secure encryption technology and comply with the Payment Card Industry Data Security Standard (PCI DSS).

INTELLECTUAL PROPERTY AND CONTENT USAGE

As a creator on BYRDLI, you retain ownership of any content you post, including images, videos, and descriptions. By uploading content to your creator club, you grant BYRDLI a worldwide, royalty-free, non-exclusive licence to use, display, and distribute your content solely for the purpose of promoting your creator club and the BYRDLI Platform. We will not modify your content in any way that significantly alters its original context or meaning without your explicit consent. We are committed to safeguarding your content and ensuring it is only used in ways that align with the spirit of your creative work and this Privacy Policy.

This licence helps us to promote your creator club and attract more members to your community, ultimately supporting your growth and success on our Platform.

If you have specific concerns about how your content might be used, please reach out to us, and we can work together to find a solution that meets your needs.

YOUR CHOICES

You have rights regarding the access, correction, and deletion of your personal information. You can exercise these rights by contacting us as outlined below. You also have the right to withdraw consent to our processing of your personal information at any time.

UPDATES TO THE PRIVACY POLICY

We may update this policy periodically. The date of the most recent update is indicated at the top of the policy. We encourage you to review this page regularly.

CONTACT US

If you have any questions or comments about this Privacy Policy, wish to exercise your privacy rights, or have any concerns about your data, please contact us at:
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legal@byrdli.com
BYRDLI

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BYRDLI Terms of Use

Last Updated: September 22, 2024

The following terms of use, together with any additional documents or policies they expressly reference, govern your access to and use of: (a) our website available at https://byrdli.com/ and any associated application (the “BYRDLI Site”); (b) any text, pictures, media, data, information, materials, functionality, and other content (collectively, the “Content”) provided on or through (a); and (c) all other products or services provided by us through the BYRDLI Site, including travel products created and shared by creators (collectively, the “Services”). References in these Terms of Use to the BYRDLI Site include the Content and the Services, where applicable.

These Terms of Use form a binding agreement between BYRDLI Pty Ltd (“BYRDLI”, “we”, “our”, or “us”) and you (“User” or “you”). The term “you” refers to the person or entity browsing, registering, accessing, or otherwise using the BYRDLI Site.

BY ACCESSING OR USING THE BYRDLI SITE, YOU CONFIRM THAT: (A) YOU ARE OF LEGAL AGE IN YOUR JURISDICTION; (B) YOU HAVE THE CAPACITY TO ENTER INTO LEGALLY BINDING AGREEMENTS; AND (C) ALL INFORMATION YOU PROVIDE TO US IS ACCURATE AND COMPLETE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE BYRDLI SITE.

If you are using the BYRDLI Site on behalf of a business or corporate entity, you represent and warrant that you have the authority to bind such entity to these Terms of Use.

These Terms do not alter any other agreement you may have with us regarding any specific products, services, or terms applicable to you as a BYRDLI creator or partner.

1. Changes to these Terms of Use and the Site

• (a) We reserve the right to modify these Terms at any time, with or without notice. When updates occur, we will: (i) notify you via email or other means where legally required; (ii) post the updated Terms on the BYRDLI Site; and (iii) update the “Last Updated” date above. Continued use of the BYRDLI Site after such updates means you accept the revised Terms.

• (b) We may also update or make changes to the BYRDLI Site itself without notice. Access may be temporarily suspended for maintenance or due to security concerns.

2. User Accounts

• (a) To access certain features, you may need to create a User Account with a username and password. You must ensure the information provided is accurate and current, and you are responsible for keeping your account secure.

• (b) You may not share your login credentials with others. If we suspect account misuse, we reserve the right to suspend or terminate access.

• (c) We may disable or suspend your account at our discretion for violations of these Terms or security concerns.

3. Data and Privacy

• (a) BYRDLI collects and uses your personal data in accordance with our Privacy Policy. You grant us the right to store, access, and use any data you provide through the BYRDLI Site to enhance our services and create non-identifiable aggregated data for business purposes.

• (b) For more information on how we handle your data, please review our Privacy Policy, available on the BYRDLI Site.

4. Travel Services

BYRDLI is a platform that allows creators to share and promote custom travel experiences (“Travel Clubs”). All transactions made for accommodations, flights, or tours will be directly between you and the relevant third-party travel provider. BYRDLI does not sell or purchase travel products on behalf of users but connects you with these providers.

5. Orders and Payment

• (a) Any bookings made through the BYRDLI Site are subject to the terms of the relevant travel provider. Payment will be processed by the provider or a third-party payment processor, and BYRDLI is not responsible for any errors or issues in these transactions.

• (b) You are responsible for ensuring your payment information is accurate and up to date for any recurring subscription fees related to BYRDLI services or Travel Club memberships.

6. Creator Submissions

• (a) If you upload any content to the BYRDLI Site, you grant us a non-exclusive, royalty-free, and transferable license to use, reproduce, and distribute your content for promotional purposes. You also grant other users the right to access, view, and share this content.

• (b) We reserve the right to remove or limit access to any content at our discretion.

7. Promotional Offers

• (a) From time to time, both BYRDLI and creators managing their Travel Clubs may offer promotions or discounts on travel products and services. These promotions will be displayed on the BYRDLI Site and managed through our system. Any promotions offered by creators are their sole responsibility and subject to their specific terms and conditions, which will be outlined in each offer.

• (b) BYRDLI reserves the right to modify or terminate any promotions facilitated through our system at any time. We may limit the availability of promotions to certain users, geographic regions, or during specific periods, as determined by us or the creator offering the promotion.

• (c) Promotions are non-transferable and may not be combined with other offers unless otherwise specified. We are not responsible for the fulfillment of promotional offers made by creators, and any disputes regarding such offers should be directed to the relevant creator.

• (d) Promotional offers may be subject to additional terms provided by the applicable travel provider or third-party service. Users should review all relevant terms before participating in any promotional offer.

8. Updates and Upgrades

You agree to receive automatic updates or upgrades to the BYRDLI Site to enhance functionality and user experience. BYRDLI is not responsible for any issues caused by these updates, especially if your device does not support them.

9. Ownership and License

• (a) All content and software on the BYRDLI Site remain the property of BYRDLI or our licensors. Your access does not grant you ownership of any content, including our trademarks or brand elements.

• (b) You may not modify, copy, or distribute any content from the BYRDLI Site without our explicit written consent.

10. Indemnification

You agree to defend and indemnify BYRDLI from any claims, damages, or expenses arising out of your use of the BYRDLI Site, including any violation of these Terms or applicable law.

11. Limitation of Liability

To the fullest extent permitted by law, BYRDLI is not liable for any indirect, incidental, or consequential damages arising from your use of the BYRDLI Site or Services.

12. Termination

We may terminate or suspend your account at any time for violation of these Terms or other reasons. You may also terminate your account at any time by ceasing to use the BYRDLI Site.

13. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms will be subject to the jurisdiction of the courts in Sydney, NSW.

14. Contact Information

If you have any questions about these Terms, please contact us at legal@byrdli.com.

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BYRDLI Cookie Statement

Last Updated: September 22, 2024

Whenever you use the BYRDLI website or apps, we use cookies and similar tracking technologies to improve your experience, analyse how our services are used, and display relevant content or advertisements.

What are cookies?

Cookies are small text files that websites place on your device’s web browser when you visit them. They help websites remember information about you, such as your preferences, login details, or how you interact with the site. Along with cookies, we use other similar technologies like web beacons and tracking pixels to gather usage data.

Cookies may be divided into two types:

• First-party cookies: These are placed by BYRDLI directly.

• Third-party cookies: These are placed by partners we work with, such as social media or advertising companies.

Cookies can also be classified based on their lifespan:

• Session cookies: These expire when you close your browser.

• Persistent cookies: These remain on your device until they expire or are deleted.

Types of cookies we use:

1. Essential cookies

These cookies are required for the BYRDLI website and apps to function properly. They allow you to log in, manage bookings, and navigate securely. You cannot opt out of these cookies because they are necessary for the service to work.

2. Performance cookies

Performance cookies collect information about how visitors use the BYRDLI Site. They help us understand how users interact with our platform so we can improve features and overall site performance.

3. Marketing cookies

Marketing cookies are used to display ads that are relevant to you based on your browsing behaviour. They track your activity across different websites and apps to deliver personalised advertising. These cookies can also be used to measure the effectiveness of ad campaigns.

Third-party cookies

We may partner with third parties, such as social media platforms and advertising providers, who use their own cookies to deliver content or advertising based on your interests. These third parties may collect data about your online activity over time and across different websites.

These partners may include, but are not limited to, advertising networks and social media platforms like Facebook, Instagram, and Google. The use of third-party cookies is governed by the privacy policies of the respective third parties.

Managing your cookie preferences

You can manage or block cookies using your browser settings. While you can block non-essential cookies, disabling essential cookies may affect the functionality of the BYRDLI website and apps.

Here’s how to manage cookies for popular browsers:

• Cookie settings in Chrome

• Cookie settings in Firefox

• Cookie settings in Internet Explorer

• Cookie settings in Safari

You can also opt out of Google Analytics tracking through their Opt-Out Browser Add-On.

Please note that choosing to disable certain cookies may reduce the functionality of our services.

Non-cookie tracking technologies

We may also use non-cookie tracking technologies, such as web beacons or email pixels. These technologies allow us to measure how you interact with our site and emails (e.g., whether an email was opened or a link clicked). These technologies do not store data on your device but may collect similar information.

Updates to this Cookie Statement

We may update this Cookie Statement from time to time. Any changes will be posted on this page, and we encourage you to review it regularly to stay informed.

Contact us

If you have any questions about our use of cookies or want more information, please contact us at legal@byrdli.com.

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Wanna Play Competition - Terms and Conditions

1. Competition Details‍

The "Wanna Play Competition" (the "Competition") starts at 9:00 AM AEST on 3 October 2024 and ends at 11:59 PM AEST on Sunday, 20 October 2024 (the "Competition Period"). Any entries submitted outside of this period will not be considered.

2. Eligibility‍

The Competition is open to individuals aged 18 years or older, who are residents of Australia or New Zealand. Employees of online travel agencies, as well as creators engaged with other platforms that allow them to build and sell travel via a shop or club, are not eligible to enter. Entrants must follow the entry requirements outlined below to be eligible.

3. How to Enter‍

To enter the Competition, participants must:

Tell us via our competition post why you would love to go!
Follow @byrd.li & @visitcalifornia on Instagram.
BONUS ENTRY: Create your own Travel Club on BYRDLI. Link-in-Bio.
For TEN EXTRA ENTRIES Share your favourite California memory and tag @byrd.li & @visitcalifornia.
This can be a post or story—get creative

All entries must be submitted before the end of the Competition Period.

4. Prize‍

One lucky creator will win a 10-night adventure in California, which includes 10 nights' accommodation and return flights from the winner's nearest capital city, along with a 12-month BYRDLI subscription, valued at a total of $15,000. The curated trip will include visits to the following destinations:

Los Angeles
Santa Monica
Huntington Beach
Newport Beach
San Diego

The prize is non-transferable, non-exchangeable, and no cash alternative will be offered. Expenses outside of the accommodation and flights specified in the prize will be the winner's responsibility. BYRDLI reserves the right to substitute the prize with a similar one of equal or higher value if necessary.

5. Winner Selection and Notification‍

One winner will be selected based on skill and creativity from all valid entries received during the Competition Period. Entries will be judged on the quality of the content, creativity, and alignment with the theme of sharing favourite California moments and why the entrant would love to go. The judging will take place within 3 days after the Competition ends. The winner will be notified via direct message on Instagram within 6 days of the selection. If a winner does not respond within 6 days of being notified, BYRDLI reserves the right to select another winner.

6. Publicity‍

By entering the Competition, participants agree to allow BYRDLI to use their name, likeness, and entry for promotional purposes without further compensation, unless prohibited by law. Any personal information will be handled in accordance with applicable data protection laws.

7. Limitation of Liability‍

BYRDLI is not responsible for any injury, loss, or damage to entrants resulting from participation in the Competition or the acceptance or use of any prize. The Competition is provided "as is," without warranty of any kind, either express or implied, except where prohibited by law.

8. General‍

BYRDLI reserves the right to cancel or modify the Competition at any time, without prior notice.
BYRDLI's decisions regarding all aspects of the Competition are final and binding.

9. Governing Law‍

The Competition and these terms will be governed by the laws of New South Wales, Australia, and any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

By participating in the "Wanna Play Competition," you agree to these Terms and Conditions.