Effective Date: November 17, 2023
21. Contact Us
Welcome. You have arrived at a website provided by Sunbird Messaging Inc. (“Sunbird,” “we,” “our” or “us”). Sunbird Messaging is an Android & web app that gives users the ability to unify the world’s most popular messaging apps into one app inbox including iMessage, SMS/MMS, Facebook Messenger and WhatsApp.
This Policy governs www.sunbirdapp.com, its subdomains, and all subdomains or portals that link to this Policy (“Site”); our mobile application (“App”); or otherwise provide Personal Information or interact with us online or in-person. This Policy also applies to Personal Information that we may collect from you via phone calls or other communications with our representatives or in any other instance when you contact us. For the purpose of this Policy, "Personal Information" means any Personal Information relating to an identified or identifiable individual that is protected by applicable privacy laws, including Sensitive Personal Information. “Sensitive Personal Information” is Personal Information considered more critical such as racial or ethnic origin, political opinions or associations, religious or philosophical beliefs, trade union membership or associations, sexual orientation or practices, criminal record, and health or genetic information.
The definition of Personal Information does not include publicly available information from federal, state, or local government records, such as professional licenses and real estate or property records.
We refer to all the above as our “Services.” Our Services are used by users of our App (“App Users”) and visitors to our website (“Visitors”).
By using our Sites or App or otherwise using our Services, you acknowledge this Policy and agree to our Terms of Service (“Terms”).
3. How the Sunbird App Works
At Sunbird, we value user privacy and security above all else. We offer a messaging service that is private, with the very least Personal Information collected on Users. You must create a Sunbird App account to start using the App, but we do not store your password. For Visitors to the Site, we collect a small amount of Personal Information (1) for marketing and analytics purposes and (2) to give you information about or access to the App, the latter of which is with your consent.
Messages on the App are transmitted using end-to-end encryption, and we do not see any of message content, contacts or metadata. This includes information such as message timestamps, sender and recipient IP addresses, or any other information that could be used to identify Users. By not collecting or storing this information, Sunbird ensures that there is nothing to compromise or leak, making it virtually impossible for any third party to gain access to User Personal Information.
Sunbird puts privacy on top of all other initiatives. By not collecting any Personal Information of our Users other than email address, using end-to-end encryption, and not relying on advertising revenue, Sunbird ensures that Users can communicate securely and without fear of compromise. With our commitment to privacy and security, Sunbird sets a new standard for messaging services.
4. What Information We Collect
As a rule, we limit the Personal Information we collect to that which is adequate, relevant and reasonably necessary for us to provide our Services to you.
As you interact with our Site, App or Services, we collect the following Personal Information via webforms or inputs/uploads on our Site or App, and through other communications with you.
Sunbird does not have control over the information that is collected, used, and shared by these third parties. We encourage you to review the privacy statements of these third parties to understand their privacy practices.
We use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies used on the Site, include, but are not limited to, the following (as well as future-developed tracking technology or methods that are not listed here):
We may use the following types of cookies:
Advertising cookies. These cookies track your online activity to help advertisers deliver more relevant advertising or to limit how many times you see an ad. These cookies can share that information with other organizations or advertisers. These are persistent cookies and almost always of third-party provenance.
6. Why We Collect Information
We use the information we collect about you in a variety of ways, including the following:
We process certain Personal Information when you access or use our services, including to:
We process certain information to communicate with you in relation to your accounts, our Services, and your requests, as follows:
We may use Personal Information for our marketing and advertising purposes, including by email, display media, and targeting other devices, including to:
We want to ensure that our Site, App, and Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process certain Personal Information, including to:
We may be required to process certain Personal Information under certain laws and regulations, such as tax laws, as well as to:
To maintain a safe, secure, and trusted environment for you when you use our Site, App, and Services, we use your Personal Information to ensure our terms, policies, and agreements with you and any third parties are enforced.
We process certain Personal Information to fulfill any other business or commercial purposes at your direction or with your consent.
7. When We Disclose Information
To the extent permitted by law, certain Personal Information about you may be disclosed in the following situations:
Finally, we may aggregate, de-identify, and/or anonymize any information collected through the Site, App or Services such that such information is no longer linked to your personally identifiable information. We may use and share this aggregated and anonymized information (non-Personal Information) for any purpose, including without limitation, for research and marketing purposes, and may also share such data with our affiliates and third parties, including advertisers, promotional partners and others.
8. Ads and Information About You
You may see certain ads from our Site because we participate in advertising networks administered by third parties. These networks track your online activities over time and across third party websites and online services by collecting information through automated means, including through the use of the Tracking Technologies described above, and they use this information to show you advertisements that are tailored to your individual interests. The information they collect includes information about your visits to our Site, such as the pages you have viewed. This collection and ad targeting takes place on our Site and on third-party websites that participate in the ad network. This process also helps us track the effectiveness of our communications and marketing efforts.
9. Retention of Personal Information
Sunbird holds the App Users’ Sunbird account email only for as long as you are active. If not active, this account email is deleted/purged after two weeks.
For Visitors, Sunbird will retain your Personal Information only for as long as is necessary for the purposes set out in this Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Personal Information to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
All information you provide to us is stored on our secure servers or those of our third-party data storage providers.
We utilize the following criteria to determine the length of time for which we retain Personal Information:
10. Your Choices About the Information We Collect
We prefer to keep your Personal Information accurate and up to date. If you would like to change your contact information, please contact us using the information in the Contact Us section below. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records).
You can opt out of receiving marketing emails messages from us at any time. You will still receive transactional messages from us. To manage your email preferences with us, please click on the Unsubscribe link in any email you receive from us or contact us using the information in the Contact Us section below. Your choice will not affect our ability to share information in the other ways described in this Policy.
You can opt-out of cookies by enabling an opt-out preference signal on your browser or opting-out of cookies in our Sites’ cookie preference centers.
On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below to learn how to modify your web browser’s settings on the most popular browsers:
Note that if you turn cookies off, you may be unable to access certain parts or benefit from the full functionality of the Sites or App. To learn more about cookies and similar technologies or to opt-out of targeted advertising cookies, visit resources from the Digital Advertising Alliance (“DAA”) or the Network Advertising Initiative (“NAI”). We do not control these opt-out links or whether any organization chooses to participate in these opt-out programs.
Please note that even if you exercise the opt-out choices above, you may continue to receive advertisements, for example, ads based on the website you are viewing (e.g., contextually based ads), or ads that are not targeted at you and may be less relevant. Also, if your browser (like some Safari browsers) is configured to reject opt-out cookies when you opt out on the DAA or NAI websites, your opt-out may not be effective.
Do Not Track (“DNT”) is a web browser setting that requests that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and other web services you encounter while browsing to stop tracking your activity. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals), but there is no universally agreed upon standard for what an organization should do when it detects a DNT signal. Currently, we do not monitor or take any action with respect to these signals or other mechanisms. You can learn more about Do Not Track here.
11. Children’s Privacy
Our Site and App are not intended for use by children under the age of 13. We do not request, or knowingly collect, any personally identifiable information from children under the age of 13. If you are the parent or guardian of a child under 13 who you believe has provided her or his information to us, please contact us using the information in the Contact Us section below to request the deletion of that information.
12. Visitors to the Site Outside of the United States and Colorado
If you are visiting the Site or App from a location outside of the U.S., or from Colorado, your connection will be through and to servers located in the U.S. and outside Colorado. All information you receive from the Site or App will be created on servers located in the U.S. and outside of Colorado, and all information you provide will be maintained on web servers and systems located within the U.S. The data protection laws in the United States may differ from those of the country or state in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Site or App or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of, your information in the United States and in other countries, as set forth in this Policy.
For your convenience, the Site or App and this Policy may contain links to other websites. Sunbird is not responsible for the privacy practices, advertising, products, services, or the content of such other websites. None of the links on the Site or App should be deemed to imply that Sunbird endorses or has any affiliation with the links.
We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. In addition to its partnership with cybersecurity experts, Sunbird is also working towards ISO 27001/27701 certifications. ISO 27701 is an international standard that outlines best practices for privacy management. It provides a framework for organizations to implement privacy controls and manage privacy risks.
However, no data transmission over the Internet, mobile networks, wireless transmission, or electronic storage of information can be guaranteed 100% secure. As a result, we cannot guarantee or warrant the security of any information you transmit to or from the Site or App, and you provide us with your information at your own risk.
15. Third Party Marketing
California Civil Code Section 1798.83 permits our users who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. We do not currently disclose Personal Information protected under this section to third parties for their own direct marketing purposes.
16. Your Rights Under the General Data Protection Regulation
This section of the Policy applies if you are a data subject who resides or is located in the European Economic Area (“EEA”). We adopt this section to comply with European privacy laws, including the General Data Protection Regulation (“GDPR”). Any terms defined in the GDPR have the same meaning when used in this section.
Under applicable law, we are considered the “data controller” of the Personal Information we handle under this Policy. In other words, we are responsible for deciding how to collect, use and disclose this information, subject to applicable law.
We want to ensure that the Personal Information we possess is always accurate and therefore we encourage you to update your information in case any changes have occurred. We have listed below the rights that you may be able to exercise in respect of the processing of your Personal Information, subject to applicable law. We take reasonable steps to ensure that the Personal Information that we process is limited to the Personal Information that are required in connection with the purposes set out in this Policy.
If you are a resident of or located within the EEA, you have certain data protection rights. These rights include:
We rely on the following legal bases for processing your Personal Information:
If applicable, you may exercise any of your rights under the GDPR by submitting a verifiable data subject request to us by using the contact details below. You may make a request related to your Personal Information or on behalf of someone for which you have authorization. You must include your full name, email address, and attest to the fact that you are a citizen or resident of the EEA by including your country of citizenship or residence in your request. We may require you to confirm your identity and/or legal standing for the request as well as your residency in the EEA to obtain the information. We will respond to your request within 30 days or let you know if we need additional time.
Please note that we will ask you to verify your identity before responding to such requests, and we may deny your request if we are unable to verify your identity or authority to make the request.
Should you wish to raise a concern about our use of your data (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority; however, we hope that we can assist with any queries or concerns you may have about our use of your Personal Information first by contacting us using the information in the Contact Us section below.
17. Your Rights Under the UK GDPR
If you are based in the United Kingdom, the following provisions also apply:
If we share your Personal Information within Sunbird or with third parties located outside the United Kingdom, we take steps to ensure that appropriate safeguards are in place to guarantee the continued protection of your Personal Information, such as by entering into the international data transfer addendum to the European Commission’s Standard Contractual Clauses, adopted by the UK Government under section 119A of the Data Protection Act 2018.
You have the same data subject rights as those for the EU listed above, except that references to the "GDPR" should be read as references to the "UK GDPR" and complaints should be filed with the UK supervisory authority, the Information Commissioner’s Office.
18. U.S. State-Specific Rights
Various U.S. states provide specific rights to residents of the state regarding Personal Information, which includes allowing consumers in these states to opt out of certain sharing of their data or in Colorado where you must consent for us to process your sensitive Personal Information or any Personal Information of a minor.
Depending on where you reside, your state may have enacted privacy laws (e.g., as of the date of this policy, California, Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah and Virginia) that allow you to request that Sunbird:
Residents of these states may exercise these rights by emailing us at firstname.lastname@example.org.
In general, we, including our Service Partners, collect the following California regulated categories of Personal Information (PI) from you:
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose with our Service Partners:
20. Google Limited Use Requirements
We value your privacy and want to ensure transparency regarding the use of Google user data in Sunbird. As part of our commitment to user data protection, we want to inform you that our app strictly adheres to the Google API Services User Data Policy, including the Limited Use requirements.
What does this mean for you?
Sunbird collects and uses information from Google APIs in accordance with Google's policies. We want to assure you that any data obtained via Restricted and Sensitive Scopes is handled responsibly and for limited purposes as outlined in the policy.
To learn more about how your data is handled, you can review the Google API Services User Data Policy This policy provides detailed information on how Google API data is utilized, ensuring a secure and transparent experience for our users.
21. Contact Us
If you have any questions or suggestions regarding this Policy, please contact us as follows:
Sunbird Messaging Inc.
Contact number: +1-323-SUNBIRD