4. MARKETING

4.1. The Controller processes the Personal data of Users for the purposes of conducting marketing activities, which may involve:

4.1.1. presenting the User with marketing content which is adjusted to such User’s preferences (contextual advertising);
4.1.2. presenting the User with marketing content corresponding to such User’s interests (behavioural advertising);
4.1.3. sending e-mail notifications about interesting offers or content, which in some cases contain commercial information (newsletter service);

4.2. In order to carry out marketing activities, the Controller in some cases uses profiling. This means that thanks to automatic data processing the Controller evaluates selected factors concerning the Users in order to analyse their behaviour or to create a forecast for the future. This allows for better adjustment of the displayed content to the individual preferences and interests of the Users.

[CONTEXTUAL ADVERTISING]
4.3. The Controller processes the Personal data of users for marketing purposes in connection with presenting Users with contextual advertising (i.e. advertising which is not adjusted to User’s preferences). In such case, Personal data is processed for the purposes of the legitimate interests of the Controller (Article 6(1)(f) of the GDPR).
[BEHAVIORAL ADVERTISING]
4.4. The Controller and its trusted partners process the User’s Personal data, including the Personal data collected through cookies and other similar technologies, for marketing purposes in connection with presenting Users with behavioral advertising (i.e. advertising adjusted to User preferences).
4.5. For a list of trusted partners of the Controller, please see the following.
[NEWSLETTER]
4.6 Subscribing to a newsletter by the Users involves the processing of their Personal Data, such as the Users’ e-mail addresses. Providing the e-mail address is required in order to provide the newsletter service, and its failure results in the inability to send the newsletter. This form of communication with the User may include profiling.
4.7 Personal data shall be processed:

4.7.1 for the purpose of providing the newsletter service – the legal basis for such processing is the necessity of processing for performance of a contract (Article 6(1)(b) GDPR);
4.7.2 in case of sending marketing content to the User within the newsletter – the legal basis for such processing, including the use of profiling, is the Controller’s legitimate interest (Article 6(1)(f) GDPR) in connection with the expressed consent to receive the newsletter;
4.7.3 for analytical and statistical purposes – the legal basis for such processing is the Controller’s legitimate interest (Article 6(1)(f) GDPR), consisting of conducting analyses of User activity, as well as of User preferences in order to improve functionalities and services provided;
4.7.4 if necessary, in order to establish and assert claims or to defend against claims – the legal basis for such processing is the Controller’s legitimate interest (Article 6(1)(f) GDPR), consisting of the protection of the Controller’s rights.

5. SOCIAL MEDIA

5.1. The Controller processes Personal data of Users who visit the Controller’s profiles held in social media (YouTube, Medium, Twitter). The data is processed solely in connection with running the profile, including for the purpose of informing the Users about the Controller’s activity and promoting various events, services and products. The legal basis for the processing the Personal data by the Controller for this purpose is the Controller’s legitimate interest (Article 6(1)(f) GDPR), consisting in promoting its own brand.
5.2. The information indicated in Point 5.1 above does not apply to the processing of Personal data by respective Controllers of the above-mentioned social media platforms (YouTube, Medium, Twitter). For detailed information on the purpose and scope of collecting data by social media platforms, please see the following:

5.2.1. YouTube: Here
5.2.2. Medium: Here
5.2.3. Facebook:Here
5.2.4. Discord: Here
5.2.5. Instagram: Here
5.2.6. LinkedIn: Here
5.2.7. Twitter: Here

6. COOKIES AND SIMILAR TECHNOLOGY

6.1. Cookies are small text files installed on the User’s device. Cookies collect information facilitating the use of a website, e.g. by remembering User information such as logins or language preferences. The Controller of the data processed in connection with the use of cookies is THEBIRBNEST OÜ. On the Website, the Controller uses its own files, which are installed directly by the Website. Third party cookies, which are cookies from a domain other than the domain of the site the User is visiting are also used, primarily for analytics and advertising activities.
6.2. The Website uses cookies predominantly to ensure efficient operation of the website, remember the choices made by the User on the website, and, if the User grants the relevant consents, also analyse and track movement on the Website and adjust advertising content to User interests.
6.3. Below please find detailed information concerning the cookies used by the Controller on the Website. The Controller uses the following files: required, functional, analytical and advertising.
[NECESSARY COOKIES]
6.4. The Controller’s use of the required cookies is necessary for the proper functioning of the Website. Such files are installed specifically for the purpose of recalling login sessions, as well as for the purposes of setting privacy options.
6.5. The legal basis for data processing in connection with the application of the required cookies is the necessity of processing for the purposes of performance of a contract (Article 6(1)(b) of the GDPR).

6.6. If the User wishes to obtain more information on the specific cookies in this category, i.e. the names of specific cookies, an overview of the functioning thereof, or the validity or origin thereof, the User should click on the button available in the footer of each subpage of the Website. After the cookie’s banner is displayed, the User should click on “Manage cookies” and then display the “Required cookies” list and the “Details” button below.

[FUNCTIONAL AND ANALYTICAL COOKIES]
6.7. Functional cookies are used in order to remember and adjust the Website to the User’s choices e.g. in terms of language preferences.
6.8. Analytical cookies make it possible to obtain information such as number of visits and traffic sources of the Website. They are used to determine which pages are more popular, and to understand how Users navigate the Website by storing statistics about the traffic on the Website. The processing is done to improve the performance of the Website. The information collected by these cookies is aggregated and is therefore not intended to establish the identity of the User.
6.9. The legal basis for the processing of Personal Data in connection with the use of functional and analytical cookies by the Controller are its legitimate interest (Article 6(1)(f) of the GDPR), consisting in ensuring the highest standard of services rendered in the Website in connection with the User’s consent for the registration of such cookies (separately for analytical files and separately for functional files).
6.10. The processing of Personal data in connection with the use of functional and analytical cookies is subject to securing the User’s consent for the use of (separately) functional and analytical cookies through the platform for managing consents for cookies. The consent may be withdrawn at any time through that platform.

6.11. If the User wishes to obtain more information about the specific files of those categories, i.e. the names of the specific cookies, an overview of the functioning, or the validity or origin thereof, please click on the button available in the footer of each subpage of the Website. After the cookie’s banner is displayed, please click on “Manage cookies” and then display the “Analytical cookies” or “Functional cookies” list, and then on the “Details” button under each of the lists.

[ADVERTISING COOKIES]
6.12. Advertising cookies enable the adjustment of the presented advertising content to Users’ interests within the scope of the Website as well as outside the Website. A User’s interest profile is developed based on the information collected in such cookies and the User’s activity in other services. Advertising cookies may be installed by the Controller and its partners through the Website.
6.13. The legal basis for the processing of Personal data in connection with the use of the advertising cookies by the Controller is its legitimate interests, (Article 6(1)(f) of the GDPR), involving the promotion of the Controller’s brand and providing information about the Controller’s current offering, including by presenting Website Users with marketing information corresponding to their interests based on such Users’ consent for the registration of advertising cookies.
6.14. The Personal data related to the use of advertising cookies may be processed after obtaining the User’s consent for applying the consent through the consent management platform. The consent may be withdrawn at any time through such platform.

6.15. If the User wishes to obtain more information about the specific files of this category, i.e. the names of the specific cookies, the overview of the functioning, or the validity or origin thereof, he should click on the button available in the footer of each subpage of the Website. After the cookie’s banner is displayed, he should click on “Manage cookies” and then display the “Advertising cookies” list, and then on the “Details” button below.

7. ANALYTICAL AND MARKETING TOOLS USED BY THE CONTROLLER’S PARTNERS

7.1. The Controller and its partners use various solutions and tools used for analytical and marketing purposes. Below you will find basic information about these tools. Detailed information in this regard can be found in the privacy policy of the respective partner.
[GOOGLE ANALYTICS]
7.2. Google Analytics cookies are cookies used by Google to analyse the use of the Website by the Users, as well as to compile statistics and reports on the functioning of the Website. Google does not use the collected data to identify the User nor does it combine this information to enable identification. Detailed information on the scope and principles of data collection in connection with this service can be found under the following link: Here .
[GOOGLE TAG MANAGER]
7.3. Google Tag Manager is a tag management system created by Google to manage JavaScript and HTML tags used for tracking and analytics on websites. For more information, please visit the following page: Here .
[BING]
7.4. Bing, Microsoft’s search and advertising network, is used by the Sites for advertising, display ads and retargeting. For more information on Microsoft’s cookie practices, please visit: Here .
[TWITTER]
7.5. Twitter is used by the Website for advertising, display ads and retargeting. For more information on Twitter’s cookie practices, please visit: Here.
[GOOGLE ADS AND GOOGLE DISPLAY NETWORK]
7.6. Google is used by the Website for advertising, display ads, retargeting, and organic search. To opt out of Google’s use of cookies, please visit: Here .
[SEMrush]
7.7. The Birb Nest and its portfolio of companies use SEMrush to analyse website traffic data and SEO efforts. For SEMrush’s cookie policy, and information on how to control or delete cookies, please visit: Here .
[SURVEYMONKEY]
7.8. SurveyMonkey is an online survey platform that The Controller uses occasionally to collect participants’ opinions and feedback. For more information on SurveyMonkey’s privacy policies, please visit: Here .
[YOUTUBE]
7.9. YouTube is a video-sharing website that enables users to upload, view and share videos. The Website contains embedded videos and/or directs users to the YouTube site. The videos shown on The Birb Nest channel include those that include events, testimonials, and employees of The Birb Nest and its related companies. Whenever a YouTube video is played or a still frame of a video is shown on our web site, a communication connection will be established with the corresponding YouTube server to exchange various data. These include the IP address of your computer, as well as previously stored cookies and information stored during previous contacts with YouTube. If no data has been stored before, the service will set an initial cookie on your computer. Whenever you contact a YouTube service, that service will also receive information about your YouTube account, in case you have one. When you interact with the video (e. g., by clicking the start, pause or stop button), details about these interactions will also be transmitted to the provider. You can terminate the data processing session by visiting a page that has no video content and deleting all cookies from your computer. Further information about YouTube’s data processing and data protection policies is available at Here .[A13] [A14]
[GODADDY]
7.10. The Godaddy is a secure web hosting platform, complete with cPanel, used by the Controller for a DNS hosting. For more information on Godaddy’s Privacy Policy, please visit the following page: Here .
[KNOWHOST]
7.11. Knowhost is a globally VPS hosting provider, used by the Controller for website files hosting. For more information on Knowhost’s Privacy Policy, please visit the following page: Here .
[WORD PRESS]
7.12. Word Press is a free and open-source content management system (CMS) written in PHP and paired with a MySQL or MariaDB database with supported HTTPS, used by the Controller to manage and design website template and features. For more information on WordPress’ Privacy Policy, please visit the following page: Here .
[WOO-COMMERCE]
7.13. Woo-commerce is a customizable, open-source eCommerce platform built on WordPress, used by the Controller to manage customers, customer orders, and customers memberships. For more information on Woo-commerce’s Privacy Policy, please visit the following page: Here .
[STRIPE]
7.14. Stripe is a suite of APIs powering online payment processing and commerce solutions for internet businesses, used by the Controller to receive credit card payments. For more information on Stripe’s Privacy Policy, please visit the following page: Here .
[COINBASE COMMERCE]
7.15. Coinbase commerce is an enterprise digital payment service offered by cryptocurrency exchange and wallet service Coinbase, used by the Controller to receive Cryptocurrency payments. For more information on Coinbase commerce’s Privacy Policy, please visit the following page: Here .
[HOTJAR]
7.16. HotJar is a tool that allows the Controller to analyze user activity on the website, such as through satisfaction surveys, and by anonymously gathering click information on each website. The tool does not identify you. Details of the data collected through HotJar and how to deactivate user monitoring are available at Here .
[METORIK]
7.17. Metorik is an all-in-one analytics solution for WooCommerce stores, used by the Controller to reports. For more information on Meteorik’s Privacy Policy, please visit the following page: Here .

8. MANAGING COOKIE SETTINGS

[A15]

8.1. Any use of cookies for the purpose of collecting data via such cookies, including obtaining access to data recorded on the User’s device, requires the User’s prior consent. The Controller secures the User’s consent in the Service through the cookies consent management platform. Such consent may be withdrawn at any time.
8.2. Consent is not required only in the case of cookies which must be applied to render any telecommunication services (data transmission for the purposes of displaying content) – the User does not have the option of disabling such cookies if he/she wishes to continue use of the Website.
8.3. Consent for the collection of cookies at the Website may be withdrawn through the cookies consent management platform. The User may go back to the banner by clicking on the button available in the footnote of each subpage of the Website.
8.4. After clicking on the banner, the User may withdraw consent by clicking on the “Manage cookies” button. Then it is necessary to move the scrollbar/uncheck a checkbox in the relevant category of cookies and click on “Save preferences and close”.­

9. DURATION OF PERSONAL DATA PROCESSING

9.1. The duration of data processing by the Controller depends on the type of service provided and the purpose of processing. As a rule, the data is processed for the duration of the service provision or order processing, until the withdrawal of the expressed consent or filing an effective objection to data processing in cases where the legal basis of data processing is the legitimate interest of the Controller.
9.2. The duration of data processing may be extended if the processing is necessary to establish and assert possible claims or to defend against claims, and thereafter only in the case and to the extent required by law. After the end of the processing time-span, the data is irreversibly deleted or anonymized.

10. RIGHTS OF THE USER

10.1. The User shall have the right to access the content of the data and to request rectification, erasure, restriction of processing, the right to data portability and the right to object to the processing of the data, as well as the right to lodge a complaint with the supervisory authority dealing with the protection of Personal Data.
10.2. To the extent that the User’s data are processed on the basis of consent, this consent may be withdrawn at any time by contacting the Controller by email at support@thebirbnest.com.
10.3. The User has the right to object to the processing of data for marketing purposes if the processing is carried out in connection with the legitimate interest of the Controller, as well as – for reasons connected with the User’s special situation – in other cases where the legal basis of the data processing is the legitimate interest of the Controller (e.g. in connection with the analytical and statistical activities).

11. DATA RECIPIENTS

11.1. In connection with the provision of services, Personal Data will be disclosed to external entities, including in particular providers responsible for the operation of IT systems and entities such as marketing agencies (within the scope of marketing services).
11.2. The Controller reserves the right to disclose selected information concerning the User to competent authorities or third parties, who will submit a request for such information on the basis of an appropriate legal basis and in accordance with the provisions of the law in force.

12. TRANSFER OF DATA OUTSIDE THE EEA

12.1. The level of protection for Personal data outside the European Economic Area (EEA) differs from that provided by the EU law. For this reason, the Controller transfers Personal data outside the EEA only when necessary and with an adequate level of protection, primarily by:

12.1.1. cooperating with processors of Personal data in countries for which there has been a relevant European Commission decision finding an adequate level of protection for Personal Data;
12.1.2. use of standard contractual clauses issued by the European Commission;
12.1.3. application of binding corporate rules approved by the relevant supervisory authority.

12.2. The Controller shall always give notice of its intention to transfer Personal data outside the EEA at the stage of its collection.

13. CONTACT DETAILS

13.1. Contact with the Controller is possible through the e-mail address contact@thebirbnest.com or the correspondence address: Harju maakond, Tallinn, Nõmme linnaosa, Rännaku pst 12, 10917.

13.2. Contact with the Estonian Data Protection Authority is possible through the e-mail address info@aki.ee or at the contact details indicated at www.aki.ee.

14. CHANGES TO THE PRIVACY POLICY

14.1. The Policy shall be reviewed on an ongoing basis and updated as necessary.
14.2. The current version of the Policy has been adopted and is effective as of.