We collect your Personal Information and other information when you provide it to us, when you use the Services and when you register for the Services (e.g., a BitBirder Account). We may collect the following Personal Information from you: your name, mailing address, email address, phone number, financial information (including credit card, debit card, bank account information or bank account login credentials), occupation, personal description and photograph.
Technical Information we collect:
details of the transactions you carry out on our Website or when using our Services, including geographic location from which the transaction originates;
technical information, including the Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through or from our Website (including date and time);
products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our Customer Support number.
Such aggregated information does not personally identify you or any other user of the Services. For example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code.
We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties and may receive information about you from them for example, banks and payment service providers you use to transfer money to us;
banks and payment service providers of your recipient;
sub-contractors in technical, payment and delivery services;
search information providers;
and credit reference agencies;
and social media platforms.
At this time we do not respond to browser do-not-track signals.
We may use your Personal Information in the following ways:
to carry out our obligations relating to your contracts and transactions with us and to provide you with the information, products and services that you request from us, as well as related customer service;
to notify you about changes to our Services or to send you other administrative information;
as part of our efforts to keep our Services safe and secure;
to administer our Services and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to improve our Website and to ensure other Services are presented in the most effective manner;
to measure or understand the effectiveness of advertising we serve and to deliver relevant advertising to you;
to allow you to participate in interactive features of our Services, when you choose to do so;
to facilitate social sharing functionality;
consistent with choices that may be available to you, to provide you with information about other similar goods and services we offer; and to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you.
We may also use and disclose Personal Information as we believe necessary or appropriate:
(a) to comply with any applicable legal and/or regulatory requirements, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence, upon demonstration of lawful authority; (d) to enforce our Customer Agreement with you; (e) as part of our efforts to keep our Services safe and secure, including to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others, and to investigate, prevent, detect or suppress fraud; and (f) to allow us to pursue available remedies or limit the damages that we may sustain.
We may disclose and share your Personal Information with selected third parties including:
affiliates, business partners, joint marketers, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
advertisers and advertising networks solely to select and serve relevant advertisements to you and others;
to third party service providers that connect to your bank account(s) with bank account login credentials provided by you in order for us to perform Services and confirm availability of funds;
and analytics and search engine providers that assist us in the improvement and optimization of our site.
Your Personal Information may also be disclosed:
consistent with choices that may be available to you, to permit selected third parties to provide you with information about goods or services;
by you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public;
if you open or access your BitBirder Account directly on a third party website or via a third party application, with the provider of the third party website or application;
to explore and/or undertake a corporate transaction, including any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings);
if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our
to assist us in conducting or co-operating in investigations of fraud or other illegal activity, or to respond to requests from public and government authorities (including those outside your country of residence), upon demonstration of lawful authority;
to prevent and detect fraud or crime;
in response to a subpoena, warrant, court order, or as otherwise required by law;
to assess financial and insurance risks, and to protect our operations and those of any of our affiliates;
to allow us to pursue available remedies or limit the damages that we may sustain;
to recover debt or in relation to your insolvency;
and to develop customer relationships, services and systems.
If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by following the instructions in any such email. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out, we may still send you important administrative messages, from which you cannot opt-out.
You have the following rights regarding your Personal Information in our possession or under our control:
Upon request, be informed of the existence, use and disclosure of your Personal Information and be given access to that information. Challenge the accuracy and completeness of your Personal Information and have it amended as appropriate. Depending on the nature of the information, amendment may involve the correction, deletion or addition of information.
Withdraw your consent to the collection, use or disclosure of your Personal Information.
You may contact us at [email protected] to make a request. We will respond to a request as soon as reasonably practicable. We may need to verify your identity before addressing your request. An access request may be subject to a fee. If the request is unfounded, unlawful or excessive, we may refuse the request.
Please note that we may need to retain certain information for recordkeeping purposes, to comply with our obligations under applicable laws and regulations, including but not limited to our anti-money laundering obligations, and/or to complete any transactions that you began prior to requesting a change or deletion.
Your Personal Information is protected by security safeguards appropriate to the level of sensitivity of the information through (i) physical measures, such as secure areas; (ii) technical measures, such as encryption and secure servers; and (iii) organizational measures, such as due diligence in transferring Personal Information to third-party processors. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contact” section below. For more information about security, please see the Account Security and Privacy and Information Security sections of the Customer Agreement.
We may transfer your Personal Information to a third-party service provider for processing and storage. Whenever we engage a third-party service provider, we ensure that the information is properly safeguarded at all times at a comparable level of protection the information would have received if it had not been transferred.
Our Services may, from time to time, contain links to and from the websites of our partner networks, advertisers, affiliates, and others. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us. If you follow a link to any of these websites, please note that we are not responsible for the privacy, these websites have their own privacy policies and that we do not accept any responsibility for them. Please check these policies before you submit any personal data to these websites.
In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Apple, Google, Microsoft, RIM or any other app developer, app provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps.
The Services are not directed to individuals under the age of eighteen (18), and we request that they not provide Personal Information through the Services.
1.1 You must be 18 years or over. If you are an individual, you must be 18 years or older to use our Services and by opening a BirBirder Account you declare that you are 18 years or older. We may ask you at any time to show proof of your age.
1.2 You must have authority to bind your business. If you are not a consumer, you confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms.
1.3 Your use of the BitBirder Account must not violate any applicable laws. You commit to us that your opening and/or using of a BitBirder Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.
2.1 About your BitBirder Account
(a) Your BirtBirder Account allows you to hold, send or receive electronic money/payments.
(b) The electronic money held on your Bitbirder Account does not expire other than when your account is closed, see section 19 for more details.
(c) The electronic money held on your Bitbirder Account will not earn any interest.
(d) You may hold your electronic money in any currencies which we support from time to time.
(e) You may withdraw money from your Bitbirder Account at any time subject to certain conditions, please see section 16 for more details.
(f) Certain limits may be placed on your Bitbirder Account depending on your country of residence, verification checks or other legal considerations. Please contact us if you have any questions about these limits.
(g) The electronic money held on your Bitbirder Account belongs to the person or legal entity which is registered as the Bitbirder Account holder.
(h) Unless you have our consent in writing, you must not allow anyone to operate your Bitbirder Account on your behalf.
3.1 Open a Bitbirder Account. To start using our Services, you must open a Bitbirder Account and provide your details as prompted.
3.2 Information must be accurate. All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
3.3 Transacting on your own account. All activities under a BirBirder Account shall be deemed as activities carried out by the registered user. You shall only use the Services to transact on your own account and not on behalf of any other person or entity.
3.4 One account per person or entity. You may only open one BirBirder Account unless we have agreed in writing the opening of additional accounts. BirBirder may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, BirBirder may close or merge these duplicate accounts at its sole discretion.
4.1 We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction for example, your recipient) in order to provide any Services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. You authorise us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your BirBirder Account with us or in the event of a dispute relating to this Agreement and activity under your BirBirder Account.
5.1 How to upload money into your BirBirder Account. To upload money, you need to log in to your BirBirder Account and follow the steps as they appear on screen. We are not responsible for the money you have uploaded until we have received them. For clarity, in an upload transaction, we are the recipient of funds and not the payment services provider.
5.2 Payin Methods. You may be presented with one or more methods of upload for example, bank transfer, credit cards or debit cards (in this Agreement, we will call these methods “Payin Methods”). The number of Payin Methods made available to you will depend on a number of factors including where you live and your verification status with us. Payin Methods are not part of our Services, they are services provided by third parties for example, the card provider which issued you with your credit/debit card. We cannot guarantee the use of any particular Payin Method and may change or stop offering a Payin Method at any time without notice to you.
5.3 Payment instrument must be in your name. Any payment instrument (for example, the credit card or debit card) you use with your chosen Payin Method must be in your name.
5.4 Chargebacks on your payment instrument. If you selected a Payin Method which gives you chargeback rights (for example in relation to your credit card, you may ask your card provider to reverse a transaction on your card), you promise that you will only exercise this chargeback right if:
(a) we have breached this Agreement; or
(b) there was an unauthorised use of your payment instrument.
You promise that you will not exercise your chargeback right for reasons which we are not responsible, including a dispute with your recipient or if there are insufficient funds in your payment instrument. If we need to investigate or take any actions in connection with a chargeback raised by you, we may charge you for our costs in doing so and may deduct such amount from your BirBirder Account.
5.5 Upload limits on your BirBirder Account. For legal and security reasons, we impose limits on how much you can upload into your BirBirder Account.
5.6 When we will credit your BirBirder Account. We will credit your BirBirder Account once we have received your money. For some Payin Methods such as credit or debit card, we will credit the money to your BirBirder Account as soon as possible subject to our right of reversal. This means if the actual amount you intended to upload does not reach us within a reasonable time, we may deduct such amount from your BirBirder Account. If you do not have enough money in your BirBirder Account for this purpose, we can demand repayment from you using other methods.
6.1 Setting up your payment order You must set up your payment order from your BirBirder Account. Your order may either be:
(a) a "Fixed Source Order" which is a payment order where you indicate that you wish to send and convert a fixed amount of Source Currency to your destination who will receive the converted amount in the Target Currency; or
(b) a "Fixed Target Order" which is a transfer where you indicate that you wish to send and convert a fixed amount of Target Currency to your destination from the Source Currency you pay into BirBirder.
6.2 Payment order limits. We may place limits on the amount you may send per transfer.
6.3 When is your payment order received. If your payment order is received by us after 5pm on a Business Day or not on a Business Day, your payment order will be deemed received on the following Business Day.
6.4 What happens after you have submitted your payment order. Once we have received your payment order, we will send you a confirmation by email. Each payment order is given a unique transfer number and is shown in the transaction history on your BirBirder Account. You should quote this transfer number when communicating with us about a particular payment order.
6.5 You need to provide us with sufficient funds before we can process your payment order. We will only process your payment order if we hold or have received sufficient cleared funds in your BirBirder Account. It is your responsibility to fund your payment order in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider
6.6 Verification checks may increase the time for processing your payment order. We carry out verification checks, and these checks may increase the time it takes to process your payment order. We cannot be responsible for any delays as a result of carrying out those checks.
6.7 Completion time of your payment order. The estimated completion time of your payment order is notified to you when you complete the setup of your payment order
6.8 We will use reasonable efforts to ensure funds arrive at your recipient’s account within the notified timeframe. We will use reasonable efforts to ensure that the funds arrive in the recipient’s bank account or payment account within the timelines notified to you. We do not have any control over the time it may take for the recipient’s bank or payment provider to credit and make available funds to the recipient.
6.9 Refusal of your payment order. If we are unable to complete your payment order, we will let you know and, if possible, the reasons for the refusal and an explanation of how to correct any factual errors. However, we are not required to notify you if such notification would be unlawful.
6.10 You must ensure the information you provide to us is correct. You must make sure that the information you provide when setting up a payment order is accurate. If we have processed your order in accordance with the information you have provided to us it will be considered correctly completed even if you have made a mistake.
7.1 The applicable exchange rate. We will let you know the exchange rate:
(a) when you place your payment order, if it is a guaranteed rate payment order; or
(b) when we have received your payment, if it is a non-guaranteed rate payment order.
8.1 You can receive money into your BirBirder Account. You can receive money into your BirBirder Account using methods which we support from time to time.
8.2 The money received is shown in your BirBirder Account. Any money you receive into your BirBirder Account will be recorded in the transaction history section of your BirBirder Account. You should check the incoming funds in your BirBirder Account against your own records regularly and let us know if there are any irregularities.
9.1 Transaction history is displayed on your BirBirder Account. All your transactions (including your current Balance, money you have uploaded, received, sent and/or withdrawn) are recorded in the transaction history section of your BirBirder Account. You may access this information after you log in to your BirBirder Account. We have allocated a reference number to each transaction, you should quote this reference number when communicating with us about a particular transaction.
9.2 Check your BirBirder Account regularly. You must check your BirBirder Account regularly and carefully and contact us immediately if you don’t recognise a transaction or think we have made a payment incorrectly. You must tell us about any unauthorised or incorrectly executed transactions immediately, but no later than 13 months from the transaction; otherwise you may not be entitled to have any errors corrected.
9.3 You accept the risks of holding balances in multiple currencies. You agree and accept all the risks associated with maintaining balances in multiple currencies including any risks associated with fluctuations in the relevant exchange rates over time. You agree that you will not use our Services for speculative trading.
9.4 No negative balance in your BirBirder Account. You promise to always have a zero or positive Balance in your BirBirder Account. If your BirBirder Account goes into a negative balance as a result of a chargeback, reversal of a transaction, deduction of fees or any other action carried by you, you promise to repay the negative balance immediately without any notice from us. We may send you reminders or take such other reasonable actions to recover the negative balance from you, for example, we may use a debt collection service or take further legal actions. We will charge you for any costs we may incur as a result of these additional collection efforts.
9.5 Taxes. You are responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.
10.1 You may convert the money held in one currency in your BirBirder Account into other currencies we support from time to time. You can only perform a conversion in respect of funds that you already hold in your BirBirder Account.
11.1 You may close your BirBirder Account at any time. You may end this Agreement and close your BirBirder Account at any time by contacting our Customer Support.
11.2 You should withdraw your money at the time of closure
11.3 You must not close your BirBirder Account to avoid an investigation. You must not close your BirBirder Account to avoid an investigation. If you attempt to close your BirBirder Account during an investigation, we may hold your money until the investigation is fully completed in order to protect our or a third party’s interest.
11.4 You are responsible for your BirBirder Account after closure. You agree that you will continue to be responsible for all obligations related to your BirBirder Account even after it is closed.
12.1 While you are using our Services, you may use the BirBirder Materials only for your personal use and solely as necessary in relation to those Services.
12.2 "BirBirder Materials" include any software (including without limitation the App, the API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our Website. You may not, and may not attempt to, directly or indirectly:
transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or the BirBirder Materials to any person or entity;
remove, obscure, or alter any notice of any of our trade marks, or other "intellectual property" appearing on or contained within the Services or on any BirBirder Materials;
modify, copy, tamper with or otherwise create derivative works of any software included in the BirBirder Materials; or
reverse engineer, disassemble, or decompile the BirBirder Materials or the Services or apply any other process or procedure to derive the source code of any software included in the BirBirder Materials or as part of the Services.
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we do not reasonably meet our commitments to you, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during your account sign up process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
13.3 We are not liable for business losses. If you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Services.
13.5 We have no control over websites linked to and from our Website. We assume no responsibility for their content or any loss or damage that may arise from your use of them.
13.6 You are responsible for checking your BirBirder Account regularly. We rely on you to regularly check the transactions history of your BirBirder Account and to contact Customer Support immediately in case you have any questions or concerns.
13.7 We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.
13.8 You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.
14.1 We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access your account, we may refuse access to that third party if we are concerned about unauthorised or fraudulent access by that third party. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our reasonable security measures.
15.1 You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or viruses.
15.2 You must not misuse our Services. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, our servers, computers or databases. You must not attack our Website with any type of denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or our Services will cease immediately.
16.1 You may link to our Website provided you follow certain rules. You may link to our Website, provided:
(a) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
(b) you do not suggest any form of association, approval or endorsement on our part where none exists;
(c) you do not frame our Website on any other site; and
(d) the website complies with our Acceptable Use Policy.
We reserve the right to withdraw linking permission without notice.
17.1 We may end this Agreement by giving you two months notice. We may end this Agreement and close your BirBirder Account or any service associated with it by giving you two months’ prior notice.
17.2 We may suspend or close your BirBirder Account without notice in certain circumstances.We may at any time suspend or close your BirBirder Account and/or end this Agreement without notice if:
(a) you breach any provision of this Agreement or documents referred to in this Agreement;
(b) we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
(c) we have reason to believe you are in breach of any applicable law or regulation; or
(d) we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.
17.3 We may suspend your BirBirder Account for security reasons. We may suspend your BirBirder Account or restrict its functionality if we have reasonable concerns about:
(a) the security of your BirBirder Account; or
(b) suspected unauthorised or fraudulent use of your BirBirder Account.
17.4 We will give you notice of suspension where possible. We will give you notice of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, either before the suspension or restriction is put in place, or immediately after, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
17.5 You cannot use the App if this Agreement ends. On termination for any reason all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.