Terms and conditions

User Agreement

1. INTRODUCTION

Welcome to Byrd.

The following terms and conditions apply from 29th of November, 2018.

1.1 Thank you for using Byrd. Byrd is incorporated as Byrd ApS, business registration number 38 31 17 27, with a registered office at Classensgade 25 A, 2100 Copenhagen, Denmark. You can reach Byrd at +45 71 99 88 95 or at hello@byrd.news.

1.2 Byrd is a global marketplace for user-generated videos and photos (collectively referred to as "Content") that have news value or are of public interest. Byrd facilitates purchases and sales of licenses to the Content through advertisement on the websites byrd.news, byrdapp.com, byrdapp.net and byrd.dk. All of these services are collectively called "the Service". The Service can be accessed through web and applications for mobile devices (collectively called "the Platform"). To access the Service, you need to be a user ("User", in plural "Users"). You (referring to the User) become a User once you have set up a User Account ("User Account"). If you purchase a license to any Content, you become a Licensee ("Licensee"). If you sell a license to any of your Content, you become a Licensor ("Licensor").

1.3 The Service is subject to your agreement to and compliance with the conditions set forth in this User Agreement ("the Agreement"). When creating a User Account to use the Service, it is constituting your accept of the Agreement, by which you are creating a binding contract between you and Byrd. Prior to doing so, you must read, agree with and accept all of the terms and conditions contained in this Agreement and in the incorporated documents to the Agreement. See appendixes Privacy Policy and Cookie Policy. The Agreement is available to you on Byrd's website www.byrd.news and is concluded in English.

1.4 As long as you are in compliance with the conditions of this Agreement and all incorporated documents, Byrd hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable and non-exclusive access to use the Service. No rights not explicitly listed are granted to you.

1.5 All objects appearing on Byrd, including but not limited to the Content, text, layout (e.g. graphics, logos, names, designs, page headers, button icons, scripts, and service names) and sound, are protected by intellectual property rights or ownership rights and belongs to either Byrd, a User or a third party, whom Byrd has entered into an agreement with. You may not use the above-mentioned for any purpose whatsoever other than as permitted by this Agreement.

1.6 Byrd may revise or update this Agreement by posting an amended version through the Service. If a modification is significant, Byrd will make you aware of the modification, either through the Service, and/or through contact information provided by you. Your continuous use following a such update is considered as an acceptance of the updated Agreement. If you do not accept the update, you must stop using the Service.

1.7 Byrd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.

1.8 Any not utilized enforcement of this Agreement does not constitute a waiver of rights of Byrd, see further in subsection 10.3.

2. USER ACCOUNT

2.1
Usage requires a User Account. For the Licensor it is free to set up a User Account. For the Licensee, a subscription plan is required when creating a User Account.

2.2 When you set up a User Account, you guarantee that the information provided by you is correct and sufficient and that you will revert to Byrd if this information changes. You also guarantee that you will keep your password information safe and that you will instantly inform Byrd in case of any unauthorized usage of your User Account.

2.3 Byrd may use your contact information for administrative or verification purposes related to your Content or in relations to specific projects. You can unsubscribe at any time by sending an e-mail to hello@byrd.news. See more in Privacy Policy and Cookie Policy.

2.4 All Licensors must choose to be either a hobby photographer or a professional photographer. You are a hobby photographer if your Content is not created as part of your profession and you are a professional photographer if your Content is created as part of your profession. Both natural persons and legal entities can be either.

2.5 The User Account is strictly personal and you can only use your own personal User Account, see however subsection 2.7.

2.6 If you are a natural person, you must be at least eighteen (18) years old to use the Service. By using the Service, you guarantee that you meet this minimum age requirement.

2.7 If you are a legal entity, all your employees are entitled to use the User Account in their work, regardless of subsection 2.5. All your employees using the User Account must then be at least eighteen (18) years old.

2.8 Byrd does not investigate or perform any background checks on Users. Therefore, it is up to you to ensure your own safety in your interactions with other Users of the Service and in your activities conducted in connection with the Service.

2.9 Your User Account will to the public show your screen name chosen by you when setting up your account and your full name if you have permitted this.

2.10 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Byrd as a result of this Agreement or your use of the Service. You can therefore not commit Byrd or act on any other Users behalf.

2.11 Some parts or all of the Service may not be available to the general public, and Byrd may impose rules of eligibility from time to time. Byrd reserves the right to amend or eliminate these eligibility requirements at any time

3. USER CONTENT

3.1
You can use the Service for publishing Content, purchasing licenses to Content and to sell licenses to Content. You can purchase Content through requesting a sale of license to a specific piece of Content, while you sell a license to a specific piece of Content through publishing Content on the Platform or respond to a specific request or to offer Content. All Content on the Platform is the property of the User, who uploaded the Content and the Content is protected by intellectual property laws. After a sale of a license the User retains full rights and ownership of the Content, subject to the terms of this agreement.

3.2 You are under no obligation to publish anything through the Service once you have set up your User Account. If however, you choose to publish any Content through the Service, you hereby grant Byrd a perpetual, revocable, transferrable, sub-licensable, worldwide, fully paid up, royalty-free, right to display and facilitate the sale of a license to your Content. As part of facilitating a sale, Byrd may display your Content for marketing purposes. The display can be on any media now known or hereafter created.

3.3 You agree that you will not violate any applicable law or regulation in connection with your use of the Service.

3.4 When publishing Content on Byrd, you guarantee that:
3.4.1 The Content is your own original creation.
3.4.2 You possess all necessary rights to dispose of the Content, including but not limited to all the necessary rights to publish and potentially sell the right of use to a third party.
3.4.3 The Content does not infringe any intellectual property rights.
3.4.4 The Content is not libelous, defamatory, pornographic, obscene, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying or otherwise objectionable;
3.4.5 The Content does not contain or entail any privacy violations;
3.4.6 The Content is correct, real and not staged with the intention to sell;
3.4.7 The Content is not assigned to any other contract, agreement or license, in instances where the Content is requested sold as an Exclusive time limited license, see further in subsection 4.4;
3.4.8 That you will not modify, adapt, translate, copy or disassemble any portion of the Service;
3.4.9 That you will not interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
3.4.10 That you will not transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;'
3.4.11 That you will not publish or otherwise provide false, incomplete or misleading information on the Service.


3.5 If you request Byrd to remove your Content from the Service, the right of Byrd to market your Content automatically repeals thirty (30) days after your request.

3.6 You can report Content and User behavior if the Content or User behavior is subject to a breach of the User Agreement. See clause 11.

3.7 Byrd retains the right to, at any given time and at Byrd's sole discretion, to remove Content that might be subject to breaches with this Agreement.  

4. LICENSE TYPES

4.1
Users are able to sell and purchase published Content through licenses. Users are also able to request production of Content for a potential sale of license, see section 5. The User may at any time choose to change the license type of the Content.

4.2 The Service offers facilitation of two types of sales of licenses to Content; non-exclusive license and exclusive time-limited licenses, c.f. with below.

4.3 Non-exclusive licence:

4.3.1 The Licensee gains the right of use to a specific piece of Content for editorial use by the media. Depending on the subscription plan of the Licensee (c.f. with www.byrd.news/pricing), the following rights are granted:

4.3.1.1 Basic, pro or premium subscription:
The piece of Content can be used by the Licensee across several projects, including but not limited to reproduction and distribution on different media types and platforms, including social media, as long as the subscriber has an ongoing subscription with Byrd.
4.3.1.2 Pay-as-you-go subscription: The piece of Content can be used by the Licensee once on a digital platform, including social media.
4.3.2 The Licensee retains a perpetual right to use and store editorial products containing the licensed Content. The use of the Content by the Licensee is subject to clause 6. The price is subject to clause 7.


4.4
Exclusive time limited license

4.4.1 The Licensee gains an exclusive right of use to a specific piece of Content for editorial use by the media. The use must be within a specific Country for a period of twelve (12) months. The Licensee can purchase the exclusive time limited license with all types of subscription plans. The Licensee can only store and process the licensed Content to the extent necessary to use the Content and only within the granted period of twelve (12) months. However, the Licensee retains a perpetual right to use and store editorial products containing the licensed Content, as long as these editorial products have been produced within the twelve (12) month period. The Content in this category must be created through Byrd's mobile device application in order to enable geographical identification of the Content. If the Licensee wants to use the Content in several countries simultaneously, the Licensee must purchase an individual right for every country of which the Content is intended to be used within. The use of the Content by the Licensee is subject to clause 6. The price is subject to clause 7.

4.5 All Licensors retain the rights to use their Content in personal portfolios and exhibitions regardless of the rights granted to the Licensee.

5. REQUEST FOR CONTENT

5.1
The Service permits the Users to put forward requests for Content. Requests will specify the type of Content, license type and optional price range as well as deadline for other Users' submission of Content.

5.2 Byrd announces requests for Content. The User will receive the announcements as a notification if the User has informed Byrd that the User wishes to receive such notifications. If the request for Content is location based, the User will only receive a notification if the User has accepted that Byrd uses the User's location. Please see more in Byrd's Privacy Policy.

5.3 A request for Content cannot be unlawful, defamatory or encourage offensive or inappropriate behavior. Byrd always maintains the right to, at its own judgement, remove a request in case Byrd finds the request to encourage such above-mentioned elements. The requesting User does not receive any compensation of any sort in case of a removal.

5.4 A User can reply to a request for Content.

5.5 Some Users may request other Users to engage in certain activities in order to produce certain Content. If the User chooses to do so, such activities are at the User's absolute sole risk. The User understands and agrees that Byrd is not responsible for any damage, injury, death or harm that the User may suffer as a result of the User's activity in response to requests on the Service.

5.6 If a User, who has put forward a request for Content, does not find the published Content satisfactory, the Content will maintain available on the Service for other Users to purchase licenses for. No damages can be inquired in this case. Users understand and agree that Byrd is not responsible for any damages suffered in relations hereto.

6. LICENSE GRANT

6.1
When a license is granted, the User publishing the Content on the Platform becomes the direct Licensor, while the User requesting the purchase of a license for the use of the Content becomes the Licensee. Although Byrd may facilitate a sale of licenses through the Service, both the Licensor and the Licensee understand and agree that Byrd is not granting this license to the Licensee. The Licensor has granted a license to the Licensee, containing a right of use. The right entails that the Licensee is entitled to use the purchased Content for editorial purposes, see subsection 6.5. The Licensee cannot sell or assign the right of use to any third party, however notwithstanding the allowed use on social media, c.f. with section 4. The Licensee guarantees that any use relating to the purchased Content is in accordance with this Agreement.

6.2
If the Licensee has any subsidiaries or affiliated companies, the Licensee can only use the license within its own legal entity. A use in another legal entity necessitates a separate purchase for that legal entity. The Licensee can however contact Byrd at license@byrd.news to enter into a specific agreement.

6.3 Licensee cannot use the Content as a logo or trademark, neither fully nor partially.

6.4 The Licensee can only use the Content for editorial purposes and in connection to editorial content. This means that the use of the Content must be in connection to, or in regards to, events of news value or public interest and must be suitable for either online media (e.g. newspaper websites, internet media), TV-stations, web-TV-stations, magazines, papers or other physical media and other related publications. Apart from the above the Content cannot be used for any commercial purposes, including but not limited to activities such as advertisement, marketing and other activities directly related to commerce.

6.5 The Content may not be altered nor made accessible to the general public in a manner or in a connection that is violating the author's literary or artistic reputation or character. The Licensee using Content of artistic character must at all time give credit to the Licensor. Licensee is allowed to crop the Content as long as the Licensee still credits the Licensor when using the Content. The license to the Content is sold "as is" and "as available" and no additional guarantee, whether directly or indirectly, can be given. Byrd cannot be held liable in this relation if all instructions, following from this Agreement and as communicated between the parties, are followed.

6.6 The Content must comply with the following rules of reference:

6.6.1 Crediting the Licensor: The Licensee using Content must at all time give credit to the Licensor. The credit should appear as follows: “Byrd/[insert Content owner name]”.

6.7 Identifiable person or persons: It is the responsibility of the User to gain the specific, informed and voluntary consent from the identifiable person or persons in the Content before uploading it to the Platform.

7. PAYMENT OF LICENSE

7.1
Purchase of licenses:

7.1.1 To purchase a license, you must have a subscription plan. The subscription plans and the - at any time being – terms and conditions for these are described here.
7.1.2 The price for Content purchased with a non-exclusive license is listed at the at any time being price list:
7.1.3 The price for Content purchased with an exclusive time limited license is decided by the Licensor, however never exceeding the exclusive maximum price listed at: www.byrd.news/pricing

Furthermore, requests for Content can entail a set price by the requesting user. In this case, the price set by the requesting user prevails any price set by the Licensor.
7.1.4 The license does not entail any royalty payments.

7.2 Sale of licenses:

7.2.1 To sell a piece of Content through a non-exclusive license, a hobby Licensor receives €15 per photo Content, €30 per album Content and €30 per video Content. A professional Licensor receives €30 per photo Content, €45 per album Content and €60 per video Content.

7.2.2 To sell a piece of Content through an exclusive time-limited license, the hobby Licensors and professional Licensors set the price of photo Content, album Content or video Content themselves. The price for Exclusive content can be set between €90 and €3000. The Licensor receives the full amount if sold.

7.3 No VAT or potential other fees are included. Such fees and VAT will be applied as an add-on to the price in accordance with respectively the Licensee and the Licensor's national legislations. The Licensee is solely responsible and liable to ensure that all fees, taxes, VAT and other payments relating to the Licensee's purchase of a license have thoroughly been paid. Likewise, the Licensor is solely responsible and liable to ensure that all fees, taxes, VAT and other payments relating to the Licensor's sale of a license have thoroughly been paid.

7.4 No refunds can be made and Licensee must pay the full amount for the purchased license, regardless the condition of the Content. However, the Licensee is entitled to file a complaint accordingly to clause 11. Byrd may then, at Byrd's sole discretion, choose to provide the Licensee another similar piece of Content.

7.5 Licensor cannot perform any off setting subject to a counterclaim.

7.6 Byrd is using Stripe, a third-party payment processor, to complete the payments. The processing of payments will be subject to terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. You must read and accept these terms to become a User. Byrd is not responsible for any errors caused by the payment Processor.

8. INDEMNIFICATION

8.1
Byrd guarantees to be entitled to facilitate the license to the Content. However, Byrd does not hold any liability in regards to the actual Content in terms of logos, designs, architecture, furniture, persons or other subjects depicted in the Content.

8.2 Licensor is solely liable for the Content and it is up to the Licensee, to assess whether a third party approval is necessary to ensure compliance and avoid intellectual property infringements. Byrd does not review, control or endorse any published Content. Therefore, Byrd is not liable in any way in relation hereto.

8.3 The User agrees to defend, indemnify and hold Byrd and Byrd's suppliers harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses. Byrd is not liable for any losses suffered by the User or losses due to any agreements between Users. Therefore, Byrd cannot be held liable for any losses suffered by this use, including but not limited to errors and/or defects or unauthorized usage of the User Accounts.

8.4
Byrd is not liable in case your User Account name entails that you can be identified through your Content. In the case of a data loss, fail of system, lack of accessibility, delays, disruption or likewise, Byrd will try its utmost to restore the loss of data due to available backups to the extent possible, but does however, not hold any liability in this relation.

8.5 While Byrd make reasonable efforts to ensure that the Service remains available at all time, Byrd do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and Byrd do not guarantee that you will be able to access or use the Service, or its features, at all time.

8.6 Byrd does not guarantee any certain amount of Content at the Service. Nor does Byrd guarantee the salability of any Content. Thus, Byrd cannot be held liable if the amount or a specific piece of Content is removed from the Service or if a piece of Content is never licensed.

8.7
Byrd is not liable for any typographical errors or inaccuracies and reserves the right to correct any of such errors.

8.8 When referring to Byrd in this clause, Byrd's parents, subsidiaries, affiliates, directors, shareholders, members, managers, employees and suppliers, are also held under the same indemnifications.

9. FORCE MAJEURE

9.1
Byrd cannot be held liable, directly or indirectly, in any way in the event of force majeure. Amongst recognized force majeure events are; war, nature disasters, strikes, fires and other conditions of which Byrd is not in charge of. In case of a force majeure event, delivery according to this Agreement is suspended until the force majeure condition is passed. If the delay remains for more than a month, both parties can terminate the license agreement (as stipulated in clause 6) without notice and without payment of compensation or damage to the other party.

10. MISCELLEANOUS

10.1
The Service may contain links to third party webpages. Byrd does not endorse any website or services through the provision of such a link. Thus, Byrd cannot be held liable in any way in regards to these third parties and their use of your information, that you provide them with, once you visit their webpage.

10.2 Byrd may assign Byrd's rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Byrd's prior written consent, and any unauthorized assignment by you will be null and void. However, see subsection 2.7.

10.3 If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect and will not affect the validity and enforceability of any remaining Agreement.

11. DISPUTES

11.1
If you find any Content to be abusive or infringing, you must immediately inform Byrd by sending an e-mail to Byrd at report@byrd.news. The complaint must contain: i) a description of the Content, ii) a description of where on the Platform the Content can be localized iii) your contact information.  

12. CHOICE OF LAW AND VENUE

12.1
If a dispute cannot be solved through a complaint process, disputes must be solved by the City Court of Copenhagen. All disputes will be subject to Danish law.

12.1 In case of any contradictions in different language versions of the Agreement, the English version shall prevail.

Privacy Policy

The following terms and conditions apply from 28th of November, 2017.

1. INTRODUCTION

1.1
Byrd respects the protection of privacy. Therefore Byrd has made this policy about processing of personal data ("Privacy Policy"). The policy describes how Byrd collects and processes data about you when you use Byrd's Platform.

1.2 Byrd is data controller of your personal data. All enquiries must be made via the contact information stated under section 11.

1.3 Please read this Privacy Policy carefully together with Byrd's Cookie Policy and User Agreement.

2. CONSENT

2.1
By accepting this Privacy Policy, you consent to Byrd's collection and processing of your personal data as described in this Privacy Policy.

2.2 You are entitled to at any time to withdraw your consent by contacting Byrd via the contact information stated under section 11. For further information about withdrawal, please see subsection 10.7.

3. PERSONAL DATA

3.1
When you register to become a User to use the Service and publish and/or purchase licence to Content, Byrd will process your personal data, such as name, date of birth, sex, title, company name, job function, e-mail address and geographical placement (see subsection 3.1.2) as well as information about purchases and sales on the Service.

3.1.1 E-mail addresses are used only to deliver requested information.
3.1.2 Geographical placements will only be collected and processed if you have accepted this when creating a User account.

3.2 The collection of personal data is necessary in order to fulfil the User Agreement, providing you with the Service and to comply with obligations imposed on Byrd by applicable law.

3.3 The collection of your date of birth, sex, title and job function is necessary for the purpose of pursuing Byrd's interest in providing you the best Service. Byrd uses the data for analytical purposes to continuously improve and optimize the Service to your needs.

3.4 Byrd urges you not to include any sensitive personal data in your use of the Service. Sensitive personal data includes data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or data concerning health or sex life.

4. PAYMENT INFORMATION

4.1
If you use Byrd's Service for purchases or sales of licence or other financial transactions, Byrd collects information about the transaction. This includes for instance your payment information, such as your credit card or other card information, account and verification information as well as billing information and contact details ("Payment Information").

4.2 The collection of Payment Information is necessary in order to fulfill the User Agreement providing you with the Service.

4.2.1 When you use the Service for purchases or sales of licence or other financial transactions you accept that Byrd may disclose Payment information to Stripe Inc, 3180 18th Street, San Francisco, CA 94110, United States or Stripe Payments Europe Ldt., C/O A&L Goodbody Ifsc, North Wall Quay, Dublin(collectively referred to as "Stripe") , depending on the location of the transaction.
4.2.2 If your transaction is made within Europe, Stripe Payments Europe Ldt., C/O A&L Goodbody Ifsc, North Wall Quay, Dublin, will receive the personal data for the purpose of being able to facilitate purchases and sales of licences. If your transaction is outside Europe, either fully or partly, the personal data is disclosed to Stripe Inc, 3180 18th Street, San Francisco, CA 94110, United States, for the purpose of being able to facilitate purchases and sales of licences.

4.3 Byrd is not responsible for Stripe's processing of your personal data.

4.4 In order to have your payment processed, you need to read and accept Stripe's terms and conditions. By agreeing to these terms and conditions, you accept to be bound by the Stripe terms and conditions, as the same may be modified by Stripe from time to time.

5. OTHER INFORMATION BYRD COLLECTS

5.1
When you access the Platform, Byrd may automatically (i.e. not by registration) collect personal data, e.g. IP address, type of Internet browser and operating system used, domain name of the website from which you came, number of visits, average time spent on the Platform, electronic address (e.g. IP- and MAC-address), terminal equipment and connection information, referral URLS, preferences, information about your use of the Service.

5.2 The Service automatically tracks how the Content provided is used. This tracking allows Byrd to pursue our interests in gaining a better understanding of potential areas for improvement and to continually improve the relevance of and accessibility of the Service.

5.3 This usage information will only be used within Byrd and Byrd's relevant partners (suppliers of technical support and operation of the Service and financial institutions in regards to purchases and sales), to increase the quality of Content, Service and support to Byrd's Users. Some of this information may be made public from time to time; however, it will only be in an aggregate, non-personally identifiable form.

5.4 The Service uses cookies to collect information. You can find further information about Byrd's use of cookies in Byrd's Cookie Policy.

6. COLLECTING AND PROCESSING PURPOSES

6.1
Personal data is collected and processed for the purpose of being able to administrate your User account and provide the Service and facilitate purchases and sales. The data may also be used to improve Byrd's knowledge about Byrd's Users, to monitor and improve the attractiveness of the Service, to send you relevant marketing material, targeted marketing material as well as Content requests from other Users through electronic post, push messages and other technologies. The data may also be collected and processed to provide questionnaires as well as for competitions.

7. DISCLOSURE OF PERSONAL DATA

7.1
Byrd only discloses your personal data to the extent described in this Privacy Policy.

7.2 When you sign up to create a User Account you accept that Byrd may disclose your name and your uploaded Content to other Users. The personal data is disclosed to other Users for the purpose of being able to facilitate purchases and sales of licences.

7.3 Byrd is not responsible for the Users processing of your personal data.

7.4 Byrd reserve the right to disclose your personal data based on a request from public authorities, including local tax authorities, police and courts and in cases where Byrd under current legislation is obliged to do so.

8. USE OF DATA PROCESSORS

8.1
Byrd use external companies located both within the European Economic area and in the United States of America to provide software in order to enable the Service and to undertake the technical operation of the Platform and Service and other assistance related hereto. For instance, Byrd's suppliers assist Byrd in connection with carrying out statistical, marketing related or operational tasks, including with the purpose of collecting and analysing information about Byrd's Users' demographic composition, interests, consumption patterns and other matters. These companies are data processors under Byrd's instruction and only process data for which Byrd are data controller. The data processors must not use the data for another purpose than instructed by Byrd. Byrd's transfer of data to data processors located in the United States of America is based on the E.U-U.S. Privacy Shield.

9. LINKS TO OTHER WEBSITES

9.1
The Platform contains links to other sites. Byrd is not responsible for the privacy practices or the contents of such other sites and Byrd therefore recommend you to become acquainted with such third party policies.

10. SECURITY

10.1
Byrd is using technical and organizational measures to ensure appropriate protection of personal data and to avoid loss of data or likewise. Byrd's technical and organizational measures will be revised and updated regularly to ensure safety.

11. YOUR RIGHTS

11.1
The right of access

11.1.1 You are at any time entitled to by a written request to receive information about Byrd's processing of your personal data, e.g. which information Byrd have registered about you, the processing purpose, the categories of personal data concerned and the recipients to whom the information have been or will be disclosed.
11.1.2 You are entitled to receive a copy of the personal data Byrd process about you. For delivery of more copies, Byrd is entitled to charge a reasonable fee based on the administrative costs. Request to exercise this right must be sent in writing to legal@byrd.news together with documentation that you are the relevant person.

11.2 The right to rectification

11.2.1 The right of rectification. You have the right to have incorrect personal data about you rectified by Byrd without undue delay. If you become aware that there are errors in the information Byrd have registered about you, Byrd urges you to contact Byrd in writing in order for Byrd to rectify the information. See contact details under section 12.

11.3 The right to deletion

11.3.1 You have a right to have your personal data deleted by Byrd without undue delay if, for instance, Byrd no longer have a valid processing purpose or you withdraw your consent or Byrd have no other legal basis for processing your personal data etc. If Byrd can prove demonstrate compelling, legitimate reasons for continued processing which precede your interests, rights and freedoms or the processing is necessary for a legal claim to be established, exercised or defended, Byrd are not obliged to delete your personal data. Such legitimate reasons can for example be backup of Content. Backup is done for several purposes, among others to enable Users who have legitimately bought a license or another right to your Content to access said Content in accordance with the agreed terms. Other purposes for backup include storing Byrd Users' conversations, but only in order to establish, exercise or defend a legal claim – otherwise these conversations will be effectively anonymized or deleted when no legitimate processing purpose exists.

11.4
The right to restrict processing

11.4.1 You have a right to restrict Byrd's processing of your personal data, e.g. if you contest the accuracy of your personal data.

11.5 The right to data portability

11.5.1 You have a right to receive the personal data provided to us in a structured, commonly used and machine readable format and to transfer these data to another data controller if Byrd's processing of the data, for instance, is based on your consent and the processing is carried out by automated means.

11.6 The right to object

11.6.1 You are at any time for reasons concerning your particular situation entitled to object to Byrd's processing of your personal data if the processing, for example, is based on legitimate interests or profiling.

11.6.2 If you object to the processing, Byrd will no longer process your personal data unless Byrd can demonstrate compelling, legitimate reasons for continued processing which precede your interests, rights and freedoms or the processing is necessary to establish, exercise or defend a legal claim.

11.6.3 You also have a right not to be the subject of a decision based exclusively on automated processing, including profiling, which has legal effect on you or similarly affects you significantly.

11.7 The right to withdraw consent

11.7.1 You are at any time entitled to withdraw your consent to Byrd's processing of your personal data. If you withdraw your consent, you must be aware that Byrd under certain circumstances is entitled to continue processing your data, for example where Byrd have another legal basis for processing your data. Byrd will inform you in such cases. Furthermore, Byrd refer to your other rights describe above.

11.7.2 If you wish to withdraw your consent, please send an e-mail to legal@byrd.news.

11.8 The right to complain

11.8.1 You are at any time entitled to file a complaint to a supervisory authority about Byrd's processing of your personal data. The Danish supervisory authority is the Data Protection Agency (in Danish "Datatilsynet"), Borgergade 28, 5, 1300 Copenhagen.

11.9 Deletion of personal data

11.9.1 Byrd will delete your data when the collection of data is no longer necessary to fulfil this Agreement and provide you the Service.

12. CONTACT INFORMATION

12.1
If you have any questions about this Privacy Policy, the practices of this website, or your dealings with this Service, please contact:

Byrd ApS
Classensgade 25a
2100 Copenhagen

legal@byrd.news
+45 71 99 88 95
Business registration number 38 31 17 27

13. CHANGES TO THE PRIVACY POLICY

13.1
Byrd is at any time entitled to amend this Privacy Policy. If Byrd makes amendments to the Privacy Policy, Byrd will inform you about this through digital correspondance.

13.2 If you cannot accept the amended policy, you must refrain from using the Service.

14. VERSIONS

14.1
This is Byrd's Privacy Policy of the 28th of November, 2018.