Last Updated on November 14th, 2008.
The terms "we", "us", and "40A" refers to 40A, Inc., the company that owns and operates the Blackbird Browser and the Blackbird Sites. The terms "you" and "your" refer to you, as a user of any of the Blackbird Sites or Blackbird Browser. The term "personal information" means information that you provide to us which personally identifies you to be contacted or identified, such as your name, phone number, email address, and any other data that is tied to such information.
I. Information We Collect and How We Use It
We use commercially reasonable efforts to ensure that the collection of personal information is limited to that which is necessary to fulfill the purposes identified below. If we use your information in a manner different than the purpose for which it is collected, then we will ask you for your consent prior to such use.
Account information. If you create an account to take advantage of the full range of services offered on the Blackbird Sites, we ask for and record personal information such as your name and email address. We use your email address to send you any information concerning your account such as lost password information.
Submissions. We store and may publicly display your submissions in order to provide the services that we offer (for example, your descriptions in submissions to the "Share" feature of Blackbird Grapevine). When we display your submissions, we may do so together with an abbreviation of your account name. The term "submissions" refers to the information that you submit or post to the Blackbird Sites for public display, such as comments or ratings.
Feedback. If you contact us to provide feedback, register a complaint, or ask a question, we will record any personal information and other content that you provide in your communication so that we can effectively respond to your communication.
Activity. We record information relating to your use of the Blackbird Sites, such as the searches you undertake, the pages you view, your browser type, and timestamp information. We use this type of information to administer the Blackbird Sites and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Blackbird Sites. You cannot be identified from this aggregate information.
Cookies. We send cookies to your computer in order to uniquely indentify your browser and improve the quality of our service. The term "cookies" refers to small pieces of information that a website sends to your computer's hard drive while you are viewing the site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following your browser help file directions. If you choose to disable cookies, some areas of the Blackbird Sites may not work properly or at all.
II. Transfer of Information
We may disclose information in the aggregate to third parties relating to user behavior in connection with actual or prospective business relationship with those third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertising banners.
We use third party advertising companies to serve ads when you visit the Blackbird Sites. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
III. Others' Information
You may choose to provide us with another person's e-mail address so that person may be invited to download the Blackbird Browser or use the Blackbird Sites. All these invitations are under your control and you control whether the invitations are distributed and what the invitations say. You are under no obligation to initiate any invitations.
The Blackbird Sites may contain links to third party websites to which we have no affiliation. Except as may be set forth herein, we do not share your personal information with those third parties, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
V. Controlling Your Personal Data
To the extent you include personal information in your submissions, third parties may be able to identify you, associate you with your user account, and contact you. Please do not include information in your submissions that you expect to keep private. In addition, you can reduce the risk of being personally identified by choosing a fictitious account name, though doing so could detract from the credibility of your submissions.
You hereby acknowledge that 40A is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
VIII. Dispute Resolution
1754 Technology Drive, Suite 135
San Jose, California 95110
E-mail: legal [at] blackbirdhome.com