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Allbirds, Inc. (together with its affiliates, “Allbirds”) as a controller endeavors to protect data which directly or indirectly relates to you (“personal information”). This Privacy Policy informs you about our practices regarding the treatment of information we collect from you online (e.g., through our websites) and offline (e.g., through customer support channels, our retail locations, and in-person promotional activities), the kinds of information we may collect, how that information is used, with whom we share it, and how you can opt-out of a use or correct or change such information. In this Privacy Policy, any reference to “us”, “we”, or ourselves is a reference to Allbirds and the particular entity that you have a relationship with and any reference to “you”, “your”, and “yourself” is a reference to you as an individual who has a relationship with is or is in contact with us.

In general, we process personal information for our legitimate purposes of running our business; complying with applicable laws; and protecting our websites, our business, our customers, and any individuals who use our website, our services, or transact business with us. We also process personal information as necessary to enter into, or perform under, a contract with you; or with another party which is to your benefit. Finally, some processing of your personal information may be subject to your consent (e.g. if you enter a sweepstakes or promotional event). If we use consent as the basis for our processing, we will request it at the time we collect such personal information.

If you have any questions about our privacy policies, please contact us at privacy@notahotel.site or call us at +1-888-963-8944. By providing your personal information to Allbirds, you signify your acceptance of the Terms of Use and agree that Allbirds may collect, use, and disclose your personal information as described herein.

1. Scope

This Privacy Policy applies to everyone who interacts with us as a customer who has purchased any of our products or services (whether in store or online), a user of any apps we provide, anyone who signed up to receive marketing materials from us, anyone who enters any of promotions/competitions, anyone who applies to attend any of our events or who interacts on social media with us and other online or offline offerings (together with any and all future online and offline offerings, the “Services”). As this Privacy Policy covers a range of individuals and different types of relationships and interactions with us, not all aspects of this Privacy Policy will apply to you.

2. What Personal Information Do We Collect?

A. Personal Information. The types of personal information we collect (directly from you or from third party sources) and our privacy practices depend on the nature of the relationship you have with Allbirds and the requirements of applicable law. Below is more information on the ways we collect personal information and how we use it.

B. Types of personal information. Allbirds collects personal information from its current, prospective, and former customers, visitors, and guests (collectively “Individuals”) through the following channels:

a. Information Provided Directly to Us: When you use the Services, contact us directly, or engage in certain activities, such as registering for an account with Allbirds, placing an order on our website, or signing up to receive emails about our latest products and services, we may collect and process a wide range of personal information such as the following types of information:

personal contact details, such as your name, email address, address (billing and delivery), phone number(s), and
payment information, such as a credit card number, billing address, and/or other related information required to complete the purchase (such payment information, “Financial Information”).

b. Communications: We may collect personal information from you such as your email address, phone number or mailing address when you choose to request information about our Services, visit our retail stores, register to receive communications over email or text messaging, participate in promotions, or loyalty programs, or otherwise communicate with us. Where allowed by applicable law, we may also record and store customer support calls for training and quality purposes.

c. Survey and Reviews: We (or third parties acting on our behalf) may contact you to participate in research, surveys or beta testing or to provide reviews and testimonials. If you decide to participate, you may be asked to provide certain information, which may include personal Information. All information collected from your participation in our research, surveys, reviews or testimonial process, or beta testing is provided by you voluntarily. We may use such information to improve our products and/or Services, and in any manner consistent with this Privacy Policy.

d. Sweepstakes and Contests: If we run a sweepstake or contest, we may ask you to provide contact information (e.g., a phone number or an email address) or other personal information. Your contact information may be used to reach you about the sweepstakes or contest, and, to the extent permitted by law, for other promotional, marketing and business purposes. In compliance with the laws of your jurisdiction, as a participant you may have the opportunity to opt-out of any communications that are not related to awarding prizes.

e. Public Posts: We may offer publicly accessible blogs, social media pages, product review pages, or similar forums.

Please be aware that when you disclose information about yourself on any public area of the Services or on any public sites operated by third parties, such content will be considered “public” and will not be subject to the privacy protections provided in this Privacy Policy.

f. Information from Third Parties: We may receive information about you from other sources, including through third party services and organizations (e.g., Experian), to supplement information provided by you. This supplemental information allows us to enhance our ability to provide you with information about our business, products and Services.

g. Automated Data: We may collect certain information automatically through our Services and/or other methods of technical analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, in-store activity through (e.g., through closed circuit TVs for security monitoring or geofencing to identify traffic), the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services (such as preferences).

Please note that if you visit one of our stores, we may collect personal data from you and such data may be linked to information we also collect online or through email and other marketing campaigns.

3. How We Use Your Information

By providing personally identifiable information to us, we are able to perform a number of business functions, such as providing products, services, or information you requested.

Transactional Purposes. Allbirds will process personal information to fulfill requests for products, Services or information, including to:

Respond to questions, comments, and other requests;
Provide access to certain features of the Services;
Personalize product recommendations;
Communicate with you about logistical matters, including product deliveries and shipping;
Conduct internal research and development;
Review and respond to requests for customer support; and,
Allow you to register for online profiles or in-person/in-store events.

Administrative Purposes. Allbirds will process personal information for administrative purposes, including to:

Measure interest in our products and Services;
Develop new products and Services;
Ensure quality control;
Send emails or text messages to the email address or telephone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, delivery updates, or system maintenance;
Process payment(s) for products or services purchased;
Process applications and transactions;
Prevent potentially prohibited or illegal activities;
Maintain and administer our Services; and,
Enforce our Terms of Service

Marketing. Allbirds will process personal information to provide you with marketing materials that may be of interest, including:

To notify you about offers, products and Services that may be of interest or about which you have previously expressed an interest (e.g., back-in-stock notifications);
For other purposes disclosed at the time that you provide personal information; or
Otherwise with your consent. You may contact us at any time to opt-out of the use of your personal information for marketing purposes, as further described in Section 6.

Research and Development. Allbirds will process personal information alone or in the aggregate with information obtained from other sources, in order to help us improve our existing products and Services or develop new products and Services.

From time to time, Allbirds may perform research (online and offline) via surveys. We may engage third party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns and/or promotional activities. If you participate in a survey, the information given will be used along with that of other study participants.

Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with personal information, or whose personal information we obtain from third parties, may, as permitted by law, receive periodic emails, newsletters, mailings, text messages or phone calls from us with information on our or our business partners’ products and services or upcoming special offers/events that we believe may be of interest. We offer the option to decline these communications at no cost by following the instructions in Section 6.

Anonymous and Aggregated Information. Allbirds does use personal information and other information about you to create anonymized and aggregated information, such as de-identified demographic or psychographic information, information about the computer or device from which you access the Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not personal information, and is thus not subject to this Privacy Policy.

Shared Content. From time to time, we may offer referral services of features that allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services or purchase product from us.

Other. As noted earlier, Allbirds will process personal information for which we have a legitimate interest, such as fraud protection or compliance with legal obligations, or any other purpose disclosed to you at the time you provide personal information or with your consent.

4. Cookies, Pixels, and Similar Technologies

We (along with third parties that provide content, advertising or other functionality on our Services), may use cookies, pixel tags, local storage and other technologies (“Technologies”) to automatically collect information through the Services. Technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices that allow us to record certain pieces of information whenever you visit or interact with our website, services, applications, messaging and tools, and to recognize you across devices. You can find more information about the individual cookies we use on our Websites and the purposes for which we use them at notahotel.site/pages/cookies.

Our uses of such Technologies fall into the following general categories:

a. Operational. We may use Technologies that are necessary to the operation of our Services. This includes Technologies that allow you access to our websites, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of functions such as shopping carts, saved search or similar functions.

Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use our Services, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services or tools.

Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into the Service or keeping track of your specified preferences, interests or past items viewed so that we may enhance the presentation of content.

Advertising-Related. We may use first-party or third party cookies and web beacons to deliver content, including ads relevant to your interests, on our Services or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. We may also use third parties to serve targeted advertisements to people similar to our customer base (e.g., by uploading a hashed customer list to Facebook Custom Audiences) or incorporating a pixel from the third-party on our Site. Even if you have disabled certain cookies, advertisements may still be displayed to you through these third-party channels.

If you would like to opt-out of the Technologies we employ, you may do so by blocking, deleting or disabling them as your browser or device permits. See Section 6 for additional opt-out options. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Services and may prevent you from being able to access certain features.

5. How We Share Your Information

We share information collected through the Services with the following categories of parties:

Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers to whom we entrust personal information include service providers for: (i) order fulfillment and warehousing; (ii) web hosting, analytics and related services; (iii) payment processing, fraud protection, and credit risk reduction; (iv) customer service activities such as inquiries and shipping; and (v) in connection with the provision of the Services. Allbirds’ policy is to execute appropriate contracts with service providers that prohibit them from using or sharing personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements, and this Privacy Policy.

Business Partners. Allbirds may share personal information with its business partners and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. Allbirds may also provide personal information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Allbirds.

Marketing. Allbirds may allow third party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities on our Services (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected personal information (such as demographic information and past purchase history) we have collected with third party advertising partners. Advertising partners may use this information (and similar information collected from other companies) for purposes of delivering targeted advertisements to you when you visit non-Allbirds related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Service to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.

Professional Advisors: We share personal data with our legal, financial, insurance and other advisors in connection with corporate transactions or in connection with the management of all or part of our business or operations.

Legal Disclosure / Law Enforcement. We may access, preserve and disclose your personal information, other account information and content if we believe doing so is required or appropriate: (i) to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena; (ii) to respond to your requests; (iii) to protect yours, ours or others’ rights, property or safety; (iv) to enforce Allbirds policies or contracts; (v) to collect amounts owed to Allbirds; (vi) to comply with records retention policies; (vii) when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (viii) if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of unauthorized activities.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, Allbirds will endeavor to direct the transferee to use personal information in a manner that is consistent with the Privacy Policy in effect at the time such personal information was collected.

Managing Your personal information / Changing Marketing Preferences

We want to communicate with you only if you want to hear from us. You have the right to object to and opt-out of certain uses and disclosures of your personal information. Where you have consented to Allbirds’ processing of your personal information, you may withdraw that consent at any time and opt-out to further processing by contacting privacy@notahotel.site. Please note that even if you opt-out, we may still collect and use non-personal information regarding your activities on our Service and/or information from the advertisements on third party websites for non-interest based advertising purposes, such as, to determine the effectiveness of the advertisements.

Email. You can unsubscribe from email, text and phone communications at any time. If you would like to opt-out of receiving marketing via email, click the unsubscribe link on the footer of marketing emails. We will process your request within a reasonable time after receipt, in accordance with applicable laws. Allbirds will continue to send you non promotional, service emails concerning your account, such as emails relating to available upgrades, billing and payment information, outstanding balance on your account, and other emails relating to your account and/or your use of the Site.

Direct Mail. If you would like to opt-out of receiving communication via postal mail, contact privacy@notahotel.site, or call customer service at +1-888-963-8944. To learn more about your rights as a consumer and to receive less national advertising mail, please visit the Direct Marketing Association at http://www.dmachoice.org.

Account. You may review, update, or modify your account information at any time by logging into your Allbirds account. You may also deactivate or delete your Allbirds account by emailing privacy@notahotel.site.

“Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We do not override these settings or options. However, in order to access certain content, features, services, products, or benefits of the Services, you may be required to provide us with certain information, including some types of personally identifying information. If you do not wish to provide such information through the Service or if you opt to utilize the aforementioned privacy features of your computer system or web browser, you may be unable to obtain certain content, features, services, products, or benefits of the Site.

Cookies and Similar Technologies. You may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs may not be effective on mobile interfaces. However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, www.youronlinechoices.eu/ or www.youradchoices.ca/, and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics https://tools.google.com/dlpage/gaoptout. Please note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on third party websites that contain the AdChoices link, and that link to this Privacy Policy, may have been directed to you based on anonymous nonpersonal information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.

Rights of Access, Rectification, Erasure, and Restriction. Where permitted by applicable law, you may inquire as to whether Allbirds is processing personal information about you, request access to personal information, and ask that we correct, amend or delete your personal information where it is inaccurate or has been processed in violation of your rights under data privacy laws that apply in the country where you live. Where otherwise permitted by applicable law, you may send an email to privacy@notahotel.site or use any of the methods set out in this Privacy Policy to request access to, receive, seek rectification, or request erasure of personal information held about you by Allbirds. Please include your full name, email address associated with your account and a detailed description of your data request. Such requests will be processed in accordance with local laws. Although Allbirds will use good faith efforts to provide Individuals with access to their personal information, there may be circumstances in which Allbirds is unable to provide access, including but not limited to where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy, in the case in question or where it is commercially proprietary. If we determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Allbirds will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.

7. Security & Retention

The security of your personally identifiable information is important to us and Allbirds is committed to handling such information carefully. We maintain physical, electronic and procedural safeguards to guard your personally identifiable information. We use secure socket layer technology to protect the security of your payment information and we encrypt your personally identifiable information when it is sent over the Internet. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security. By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.

We retain personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. When we are no longer required to retain your personal information as described above, we will destroy, erase, or de-identify it in accordance with our data retention policies and applicable law. Legal requirements, however, may require us to retain some or all of the personal information we hold for a period of time that is longer than that for which we might otherwise hold it.

8. Children’s Privacy

Our Services are not directed to children under the age of 13. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect personal information from children under the age of 13. If you learn that your child has provided us with personal information without your consent, you may alert us at privacy@notahotel.site. If we learn that we have collected personal information of a child under the age of 13 (or under the age of 16 in certain jurisdictions, such as EU member countries) we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.

9. California Residents

California law requires us to disclose certain information related to our privacy practices, as set forth below.

A. WHAT PERSONAL INFORMATION WE COLLECT

The table below identifies the categories of personal information we have collected over the preceding 12-month period, as well as examples in each category. For more information about the personal information we collect, please see Section 2.

Category

Examples of personal information in this Category

Identifiers

Name, email address, billing address, shipping address, phone number

Commercial information

Purchase history

Geolocation data

Internet protocol (IP) address, billing address, shipping address, Internet or other electronic network activity information IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences

Financial, medical, or health information

Payment information, such as credit card number

Audio, electronic, visual, thermal, olfactory, or similar information

Recordings of customer support calls

Inferences drawn from any of the above information categories

Inferences about the type of products you prefer; demographic and psychographic inferences

The sources of the personal information we collect above include personal information that you directly provide to us (through the Services), personal information we receive from third party partners (for example, certain marketing, research or survey partners), and personal information that we generate internally. Please see Section 2 for additional details.

B. HOW WE USE PERSONAL INFORMATION

Please see Section 3 of the Privacy Policy.

C. WHAT PERSONAL INFORMATION WE SHARE

Please see Section 5 of the Privacy Policy for information on the personal information we share with third parties. In the last 12 months, we have disclosed all of the categories of personal information described in Section 2 for business purposes. For example, we may share your IP address with service providers that provide crash monitoring and site optimization services to us. California residents have the right to opt out of our disclosures of personal information that we have disclosed to third parties for valuable consideration. What is covered as a “sale” under California law is not yet clear, but we currently do not “sell” your information as we understand it.

D. YOUR RIGHTS

As a resident of California, you have certain rights, such as:

Right to access personal information. You may be entitled to receive the specific pieces of your personal information we have collected in the 12 months preceding your request.

Right to data portability. You may be entitled to receive a copy of your electronic personal information in a readily usable format.

Right to know. You may be entitled to receive information regarding the categories of personal information we collected, the sources from which we collected personal information, the purposes for which we collected and shared personal information, the categories of personal information that we sold and the categories of third parties to whom the personal information was sold, and the categories of personal information that we disclosed for a business purpose in the 12 months preceding your request.

Right to deletion. You may be entitled to request that we delete the personal information that we have collected from you. We will use commercially reasonable efforts to honor your request, in compliance with applicable laws. Please note, however, that we may need to keep such information, such as for our legitimate business purposes or as required to comply with applicable law.

Right to opt-out of certain sharing with third parties. You may be entitled to direct us to stop disclosing your personal information to third parties for monetary or other valuable consideration. As noted above, we do use trusted partners for interest based advertising. If you wish to opt out of our sharing of your personal information for such interest based advertising, you may do so by following the instructions in the “Cookies and Similar Technologies” section above.

You may freely exercise these rights without fear of being denied goods or services. If you are a California resident and would like to exercise one of your rights, please complete this form. You may also call us at +1-888-963-8944. Please note that California law requires us to verify the requests we receive from you when you exercise certain of the rights listed above. We (or third parties we engage to assist us) may ask you to provide certain information to us in order for us to verify the request.

In addition to these rights, pursuant to California’s “Shine the Light” law, California residents who share personal information with us have the right to request and obtain from us once per year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you would like to exercise this right, please use the contact information listed in this section to contact us.

10. Additional Topics

A. Payment Processors. When you make purchases through the Services, we process your payments via a third-party payment processor. In these instances, the third party application may collect certain Financial Information from you to process a payment on behalf of Allbirds, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the third party terms, conditions and privacy policies. If you apply for or otherwise take part in a financing offer through one of our financing partners, you will be asked to provide information (which may include Financial Information) to that financing partner, either directly or through the Services. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions and privacy policies. Our treatment of any Financial Information that we may Process on your behalf, or that we receive from our financing partners or payment processors, is subject to this Privacy Policy. For more information on our use of third party payment processors and financing partners, including the name(s) of the entities that we partner with, please email privacy@notahotel.site.

B. International Data Transfers. You agree that all personal information collected via or by Allbirds may be transferred, processed and stored anywhere in the world, including but not limited to, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. By providing information to Allbirds, you explicitly consent to the storage of your personal information in these locations.

C. Third-Party Sites and Services. The Service may contain links to other websites and other websites may reference or link to the Allbirds website or other Services. These other domains and websites are not controlled by us, and Allbirds does not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. We do not control the use of cookies or the collection of information by these third parties, nor how they manage such information. It is solely your obligation to review and understand the privacy practices and policies of these third parties.

D. SMS Services. You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages (IE Cookies). To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms and Conditions. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Additional information for Colorado residents

If you are a Colorado resident, the Colorado Privacy Act (“CPA”) requires us to provide you with a summary of the categories of “personal information” (as defined under the CPA) that we collect from and about you, the purposes for which we use each category, and the third parties to which we share each category for a business purpose. You may find this summary in the section “Notice at collection” above.

If you are a Colorado resident, you may exercise the following rights with regard to data where we determine the purposes and means of processing:

The right to request a copy of the personal information that we have collected about you in the prior 12 months. We will not charge a fee for up to two requests per year.
The right to request details about the categories of personal information we collect, the categories of sources, the business or commercial purposes for collecting information, and the categories of third parties with which we share information.
The right to request deletion of the personal information that we have collected about you, subject to certain exemptions.
The right to opt out of the sale of your personal information. We do not “sell” personal information as such term is defined in the CPA.
The right to opt out from profiling, defined as the automated processing of personal information to assess or forecast aspects of your behavior.
The right to request us to correct errors in the personal information that we hold about you.
The right to appeal if we decline a request that you have made.

Colorado residents can submit access and deletion requests by emailing us at privacy@notahotel.site. California residents can also request that we delete your information through your account settings. You have the right not to receive discriminatory treatment for the exercise of your CPA privacy rights, subject to certain limitations.

An authorized agent may submit an access or deletion request on your behalf by sending a written authorization signed by you to privacy@notahotel.site. We may still require you to directly verify your identity and confirm that you provided the authorized agent permission to submit the request.

Additional information for Connecticut residents

If you are a Connecticut resident, the Connecticut Data Privacy Act (“CDPA”) requires us to provide you with a summary of the categories of “personal information” (as defined under the CDPA) that we collect from and about you, the purposes for which we use each category, and the third parties to which we share each category for a business purpose. You may find this summary in the section “Notice at collection” above.

If you are a Connecticut resident, you may exercise the following rights with regard to data where we determine the purposes and means of processing:

The right to request a copy of the personal information that we have collected about you in the prior 12 months. We will not charge a fee for up to one request per year.
The right to request details about the categories of personal information we collect, the categories of sources, the business or commercial purposes for collecting information, and the categories of third parties with which we share information.
The right to request deletion of the personal information that we have collected about you, subject to certain exemptions.
The right to opt out of the sale of your personal information. We do not “sell” personal information as such term is defined in the CDPA.
The right to opt out from profiling, defined as the automated processing of personal information to assess or forecast aspects of your behavior.
The right to request us to correct errors in the personal information that we hold about you.
The right to appeal if we decline a request that you have made.

Connecticut residents can submit access and deletion requests by emailing us at privacy@notahotel.site. Connecticut residents can also request that we delete your information through your account settings. You have the right not to receive discriminatory treatment for the exercise of your CDPA privacy rights, subject to certain limitations.

Additional information for Iowa residents

If you are an Iowa resident, the Iowa Consumer Data Protection Act (“ICDPA”) requires us to provide you with a summary of the categories of “personal information” (as defined under the ICDPA) that we collect from and about you, the purposes for which we use each category, and the third parties to which we share each category for a business purpose. You may find this summary in the section “Notice at collection” above.

If you are an Iowa resident, you may exercise the following rights with regard to data where we determine the purposes and means of processing:

The right to request a copy of the personal information that we have collected about you in the prior 12 months. We will not charge a fee for up to two requests per year.
The right to request details about the categories of personal information we collect, the categories of sources, the business or commercial purposes for collecting information, and the categories of third parties with which we share information.
The right to request deletion of the personal information that we have collected about you, subject to certain exemptions.
The right to opt out of the sale of your personal information. We do not “sell” personal information as such term is defined in the ICDPA.
The right to opt out from profiling, defined as the automated processing of personal information to assess or forecast aspects of your behavior.
The right to appeal if we decline a request that you have made.

Iowa residents can submit access and deletion requests by emailing us at privacy@notahotel.site. Iowa residents can also request that we delete your information through your account settings. You have the right not to receive discriminatory treatment for the exercise of your ICDPA privacy rights, subject to certain limitations.

Additional information for Utah residents

If you are a Utah resident, the Utah Consumer Privacy Act (“UCPA”) requires us to provide you with a summary of the categories of “personal information” (as defined under the UCPA) that we collect from and about you, the purposes for which we use each category, and the third parties to which we share each category for a business purpose. You may find this summary in the section “Notice at collection” above.

If you are a Utah resident, you may exercise the following rights with regard to data where we determine the purposes and means of processing:

The right to request a copy of the personal information that we have collected about you in the prior 12 months. We will not charge a fee for up to one request per year.
The right to request details about the categories of personal information we collect, the categories of sources, the business or commercial purposes for collecting information, and the categories of third parties with which we share information.
The right to request deletion of the personal information that we have collected about you, subject to certain exemptions.
The right to opt out of the sale of your personal information. We do not “sell” personal information as such term is defined in the UCPA.

Utah residents can submit access and deletion requests by emailing us at privacy@notahotel.site. Utah residents can also request that we delete your information through your account settings. You have the right not to receive discriminatory treatment for the exercise of your UCPA privacy rights, subject to certain limitations.

Additional information for Virginia residents

If you are a Virginia resident, the Virginia Consumer Data Protection Act ("VCDPA") requires us to provide you with a summary of the categories of “personal information” (as defined under the VCDPA) that we collect from and about you, the purposes for which we use each category, and the third parties to which we share each category for a business purpose. You may find this summary in the section “Notice at collection” above.

If you are a Virginia resident, you may exercise the following rights with regard to data where we determine the purposes and means of processing:

The right to request a copy of the personal information that we have collected about you in the prior 12 months. We will not charge a fee for up to two requests per year.
The right to request details about the categories of personal information we collect, the categories of sources, the business or commercial purposes for collecting information, and the categories of third parties with which we share information.
The right to request deletion of the personal information that we have collected about you, subject to certain exemptions.
The right to opt out of the sale of your personal information. We do not “sell” personal information as such term is defined in the VCDPA.
The right to opt out from profiling, defined as the automated processing of personal information to assess or forecast aspects of your behavior.
The right to request us to correct errors in the personal information that we hold about you.
The right to appeal if we decline a request that you have made.
Virginia residents can submit access and deletion requests by emailing us at privacy@notahotel.site. Virginia residents can also request that we delete your information through your account settings. You have the right not to receive discriminatory treatment for the exercise of your VCDPA privacy rights, subject to certain limitations.
An authorized agent may submit an access or deletion request on your behalf by sending a written authorization signed by you to privacy@notahotel.site. We may still require you to directly verify your identity and confirm that you provided the authorized agent permission to submit the request.

International Visitors

Our Services are primarily hosted in the United States and may also be hosted in locations abroad (for example, India). If you use the Services from regions of the world with laws governing data processing, you accept that you are transferring your information to the United States and other hosting locations for storage and processing. By providing information to Allbirds, you agree to such transfer, storage, and processing.

11. Updating this Privacy Policy

We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time. You should check this page periodically for changes. Your continued use of this Site following the posting of changes to this Privacy Policy will be considered your consent to those changes. In the event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development.

Questions or Concerns

If you have any feedback, questions, or concerns regarding privacy, please send us a detailed message to privacy@notahotel.site; we will make every effort to resolve your concerns.

If you are a resident of a country that is not the United States, you may have the right to take any complaints or concerns you have about our compliance with this privacy policy to the appropriate supervisory authority which has jurisdiction over privacy rights in your country.

Last Updated: 1/23/2025

Last Updated: February 26, 2025

Welcome to Allbirds, operated by Allbirds, Inc. (“Allbirds” or “we”). These Terms of Use (“Terms”) apply to your access and use of (i) our online services, such as the Allbirds website located at notahotel.site (the “Site”) and our social media platforms, and (ii) our offline services, such as our customer support channels, retail locations, and in-person promotional activities (the online and offline services collectively, the "Platform"). The Terms govern your use of the Platform, including the purchase of any products or services made available through the Platform. By accessing, viewing, purchasing or otherwise using the content, material, products, or services available on or through the Platform, you expressly certify that you have read, understand, and agree to be legally bound by these Terms. If you violate these Terms, Allbirds may terminate your use of the Platform, bar you from future use of the Platform, and/or take appropriate legal action against you.

SECTION 13 (DISPUTE RESOLUTION AND BINDING ARBITRATION) OF THE TERMS CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. BY AGREEING TO THESE TERMS, YOU AND ALLBIRDS AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH ALLBIRDS, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 13(j).

You further certify that you are 18 years of age or older and that you have all the necessary rights, power and authority to enter into these Terms and perform the obligations set forth under these Terms. Please ensure that you read these Terms carefully. You understand and agree that your use of the Platform, which includes all content, material, products or services made available on or through the Platform, signifies that you fully accept and agree to these Terms.

Privacy
Registration
Purchases
General Restrictions on Use
Content
SMS Messaging
Errors, Inaccuracies, and Omissions
Disclaimers and Warranties
Limitation of Liability
Indemnity
Links To Other Sites
Digital Millennium Copyright Act – Copyright Infringement
Dispute Resolution and Binding Arbitration
Governing Law and Venue
Miscellaneous

1. Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

2. Registration

In order to access certain features of the Platform, you may be asked to register for and create an account. As part of the registration process, you may be prompted to confirm your agreement to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email and address. It is important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information to keep it accurate, complete and up-to-date. If you do not, we might have to suspend or terminate your account. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Allbirds will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way. You are responsible for all activities that occur under your account, whether or not you know about them.

When placing an order through the Platform, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Allbirds or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Platform is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Platform change, please log in to your account and update such information directly on the Platform.

3. Purchases

The Platform allows you to browse, view, choose, and purchase various products or services. By purchasing products or services made available through the Platform, you represent that you are buying the products or services for your own personal or household use only, and not for resale or export and that all purchases are intended for final delivery to locations within the US.

You may not purchase commercial quantities of our products without our prior written consent, and we may place limits on your purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who (in our sole discretion) violate this policy or any other part of the Terms. Except as may be previously and expressly authorized by us in writing, we also prohibit the offering, use, transfer, or acceptance of our products and gift cards for promotional purposes (e.g., as prizes in contests or sweepstakes) or in connection with any lottery, raffle or wagering scheme. We reserve the right to bar any users we suspect of violating this Section 3 (or any other provision of these Terms) from further use of the Platform and to refuse, limit or cancel any related orders and/or suspend or cancel any related accounts. The inclusion of products on the Platform at any time does not guarantee that these products will be available for purchase. For more information about placing special orders, please contact bulkorders@notahotel.site or check out this site.

Prices posted on the Platform may be different than prices offered by us at our physical locations. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may, in our sole discretion, offer promotional codes at certain points in time, or for certain audiences. In the event such promo codes are enabled, promo codes should be entered during the checkout process to be valid. Discounts and discount thresholds exclude taxes and charges for shipping and handling. Discounts cannot be used in conjunction with any other offers.

Allbirds may use a third party payment processor to process credit card transactions made through the Platform. You are also responsible for paying any governmental taxes imposed in connection with use of the Platform or the purchase or any products or services made available through the Platform, including sales, use, and excise taxes (excluding only taxes on Allbirds’ net income). To the extent that Allbirds is obligated to collect such taxes, the applicable tax will be added to your billing account. The risk of loss and title for products purchased from Allbirds pass to you upon our delivery to the carrier. All sales are subject to our shipping and return policies, which shall be made available to you on the Platform or other delivered to you with your purchased goods. We monitor return activity for abuse and reserve the right to limit (or deny) returns or exchanges in all instances. All refunds are at Allbirds' sole discretion.

Refer-a-friend Program: Coupon is valid for three months. Allbirds reserves the right to modify or cancel the coupon at any time. The promotion is limited to one coupon per customer and can only be used by eligible customers who receive the coupon code from Allbirds via email. The coupon may only be used at www.notahotel.site. The coupon may not be used on gift cards. The coupon is not combinable with any other discount or coupon. If you return any of the items purchased with the coupon, the coupon discount or value will be subtracted from the return credit. Applicable shipping and handling charges apply. The $100 cut-off for eligibility is not inclusive of taxes or shipping. The coupon is void where prohibited or restricted by law. Allbirds has no obligation for payment of any tax in conjunction with the distribution or use of any coupon. Consumer is required to pay any applicable sales tax related to the use of the coupon.

4. General Restrictions on Use

You agree to use the Platform only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Platform and products purchased from the Platform for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.
You will not (and will not attempt to):
-- Access any of the online features of the Platform by any means other than through the interface that is provided by Allbirds, including: (i) access, tamper with, or use non-public areas of the Platform, Allbirds’ computer systems, or the technical delivery systems of Allbirds’ providers; (ii) attempt to probe, scan or test the vulnerability of any Allbirds system or network or breach any security or authentication measures; or (iii) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Allbirds’ or any of Allbirds’ providers or any other third party (including another user) to protect the Platform;
-- Gain unauthorized access to Allbirds’ computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Platform, or Allbirds’ networks and computer systems;
-- Access any of the online features of the Platform through any automated means or with any automated features or devices (including use of scripts or web crawlers);
-- Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
-- Reproduce, mirror, duplicate, copy, sell, trade, or resell any aspect of the Platform or products purchased from the Platform for any purpose; and
–- Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Allbirds in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

5. Content

As between you and Allbirds, Allbirds owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Platform (“Platform Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Platform Content. All Platform Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Platform Content. As between you and Allbirds, all names, trademarks, symbols, slogans, or logos appearing on the Platform, products, or Site are proprietary to Allbirds or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Platform Content, other than the right to use the Platform Content in accordance with these Terms.

Certain features of the Platform may allow you to contribute feedback and other information to the Platform for access, use, viewing, and commentary by other users of the Platform (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Allbirds on the Platform, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) constitute disclosure of any confidential information owned by any third party; or (d) constitute content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Upon your submission of Comments or other material or information to Allbirds, and in consideration of your use of the Platform and other good and valuable consideration which you acknowledge, you grant Allbirds a worldwide, perpetual, irrevocable, transferable, license to access, use, publish, adapt, translate, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever; and that you will indemnify Allbirds for all claims resulting from content you supply. Allbirds has the right but not the obligation to monitor and edit or remove any activity or content. Allbirds takes no responsibility and assumes no liability for any content shared by you or any third party through the Platform. For avoidance of doubt, Allbirds shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.

6. SMS Messaging

If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase.

You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email privacy@notahotel.site.

In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages.

Neither we nor the wireless carriers (such as T-Mobile or Verizon) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. For more information on how we use telephone numbers, please read our Privacy Policy.

7. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Platform, but, although not obligated to, may review, verify, make changes to or remove any Comments, Platform Content, or the Platform, including information submitted in connection with the Platform Content or other features at any time, with or without notice in our sole discretion.

8. Disclaimers and Warranties

Allbirds reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. Allbirds is not liable in case of stock outage or unavailability of products. We use reasonable efforts to display as accurately as possible the colors of our products that appear at the Platform, but we cannot guarantee that your computer monitor's or mobile device’s screen’s display of any color will be accurate.

Allbirds expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Platform, Platform Content, products, goods, advice, information or links provided on the Platform will meet your requirements; (ii) that the Platform will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the Platform will be corrected; (iv) regarding the Platform Content, goods, services, advice, information or links provided by any third parties or users; (v) that the Platform, Platform Content, products, goods, services, advice, or information displayed on the Platform will meet your requirements; and (vi) that the Platform will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Platform shall create any warranty not expressly stated in these Terms.

You understand that the technical processing and transmission of any Platform Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Platform will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Platform or the Internet, including, for example, personal information such as your name or address. Allbirds assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Platforms, including any injury or damage to you or to any person’s computer related to or resulting from use of the Platform.

Allbirds shall have no liability to you for any damages, delays, or failure in carrying out its obligations to any customer for reasons beyond Allbirds’ control, including without limitation, fire, lightning, explosions, power surge or failure, water, acts of God, war or terrorism, natural disasters, labor unrest, charges in or compliance with laws, revolution, civil commotion, laws, regulations, or governmental policies, and shortages of supplies and services. Allbirds may extend delivery of an order so affected without liability to the customer except for the return of any payment made by the customer to Allbirds with respect to any undelivered portion of the order so canceled.

You should consult your doctor before beginning any exercise, training or athletic program. Allbirds is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Platform, Platform Content, and/or products purchased from the Platform except to the extent that they are expressly set out in these Terms.

9. Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK RELATED TO YOUR USE OF THE PLATFORM, AND THE INTERNET GENERALLY. IN NO EVENT WILL ALLBIRDS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, STATUTORY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER; INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM. ALLBIRDS MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OR WHETHER THE CONTENT IS UP TO DATE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THE PLATFORM MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO THE CONTENT HEREIN. IN NO EVENT SHALL ALLBIRDS’ LIABILITY EXCEED THE PRICE YOU PAID, IF ANY, TO ALLBIRDS, INCLUDING THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF ALLBIRDS AND ITS LICENSORS, COLLECTIVELY, SHALL NOT EXCEED TEN DOLLARS ($10).

The limitations on Allbirds’ liability to you in this Section 9 shall apply whether or not Allbirds has been advised of or should have been aware of the possibility of any such losses arising, and will survive these Terms and your use of the Platform and products purchased from the Platform.

IF YOU ARE DISSATISFIED WITH THE PLATFORM, TERMS OF USE, OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

10. Indemnity

You agree to indemnify, hold harmless and, at Allbirds’ request, defend Allbirds and its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (iv) the use by any other persons accessing any Platform using your account or account login. This defense and indemnification obligation will survive these Terms and your use of the Platform. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 10 without the prior written consent of Allbirds.

11. Links To Other Sites

The Platform may contain links or references to other websites outside of our control. Links to other websites may use our Platform logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that the Platforms would not. Please be aware that Allbirds has no control over these websites and that these Terms do not apply to any third party sites. Allbirds cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. Allbirds encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

12. Digital Millennium Copyright Act – Copyright Infringement

Digital Millennium Copyright Act – Copyright Infringement

Pursuant the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on Allbirds' system or network, should be promptly sent in the form of written communication to Allbirds' Designated Agent:

Legal Department
Allbirds, Inc.

Email: help@notahotel.site

All claims must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The following statement must be included as well: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

13. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ALLBIRDS TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND ALLBIRDS CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND ALLBIRDS FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND ALLBIRDS AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. ALLBIRDS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

YOU AND ALLBIRDS EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 13(j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

Claims This Section Applies To. This Section 13 applies to all Claims between you and Allbirds. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in Section 13(c), below) between you and Allbirds, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms or the Platform, including any claims related to the use or operation of the Platform, the purchase of any products or services made available through the Platform, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it.
Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against Allbirds or if Allbirds believes it has a Claim against you, you and Allbirds will first attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce costs for both parties. You and Allbirds will make a good-faith effort to negotiate the resolution of any Claim for 45 days (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 13(b) (a “Claimant Notice”). The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties’ mutual written agreement.

You must send any Claimant Notice to Allbirds by certified mail, addressed to Allbirds, Inc., Attn: Legal Department, 1875 Mission St Ste 103, San Francisco, CA 94103 or by email to legal@notahotel.site. Allbirds will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Allbirds. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves (and not their counsel) verifying the accuracy of the contents of the Claimant Notice.

No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or Allbirds files an Arbitration Demand without complying with the requirements in this Section 13, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.

To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms.

Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or Allbirds, including any disputes in which you or Allbirds seek injunctive or other equitable relief for the alleged unlawful use of your or Allbirds’s intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 13(b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.
Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 13, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). If you are a “Consumer,” meaning that you only use the Platform for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Terms (the “Rules”), will apply to Claims between you and Allbirds. If you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms, will apply to Claims between you and Allbirds.

These Terms affect interstate commerce, and the enforceability of this Section 13 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Allbirds to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

Arbitration Procedure and Location. You or Allbirds may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules.

Instructions for filing a demand with AAA are available on the AAA website. You will send a copy of any demand for arbitration to Allbirds by certified mail addressed to Allbirds, Inc., Attn: Legal Department, 1875 Mission St Ste 103, San Francisco, CA 94103 or by email to legal@notahotel.site. Allbirds will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to Allbirds.

The arbitration will be conducted by a single arbitrator in the English language. You and Allbirds both agree that the arbitrator will be bound by these Terms.

For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Allbirds agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.
Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney’s fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
Confidentiality. If you or Allbirds files a Claim in arbitration, you and Allbirds agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Allbirds agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this Section 13(i) will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.

Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.
Initial Arbitrations. The parties shall identify an initial set of 20 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 20 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise.
Mediation. Upon conclusion of the 20 Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.
Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 14.

If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.

If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 13(b) to proceed in arbitration in the same manner as described in Section 13(i)(2), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.

Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing legal@notahotel.site. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14.
Rejection of Modifications to this Section 13. You may reject any change we make to this Section 13 (except changes to notice addresses) as to you, by emailing legal@notahotel.site within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 13. You may reject changes to Section 13 only as a whole. You may not reject only certain changes to Section 13. If you reject changes made to Section 13, the most recent version of Section 13 that you have not rejected will continue to apply.
Severability. If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.

14. Governing Law and Venue

Any dispute, claim, or controversy arises from or relates to these Terms or the Platform will be governed by and construed and enforced in accordance with the laws of the State of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute, claim, or controversy arising from or relating to these Terms, the Platform, or the products purchased from the Platform that is not subject to arbitration pursuant to Section 13 and that cannot be heard in small claims court will be resolved exclusively in the state and federal courts located in San Francisco, California. You and Allbirds waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section will not apply to you to the extent that local law conflicts with this section.

15. Miscellaneous

These Terms constitute the whole legal agreement between you and Allbirds and govern your use of the Platform, products purchased from the Platform and any transactions you may have with Allbirds through the Platform and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Allbirds in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Platform conflicts with the terms of these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that Allbirds may make changes to these Terms from time to time. Your continued use of the Platform following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, Allbirds will make a new copy of the Terms available on the Site. You agree that Allbirds is under no obligation to provide you with notices regarding changes to the Terms. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that if Allbirds does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Allbirds has the benefit of under any applicable law), this will not be taken to be a formal waiver of Allbirds’ rights and that those rights or remedies will still be available to Allbirds. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

The Platform is controlled and operated from within the United States. Without limiting anything else, Allbirds makes no representation that the Platform, Platform Content, Comments, services, products, information or other materials available on, in, or through the Platform is appropriate or available for use in locations other than those indicated on our website, and access to them from territories where they are illegal is prohibited. Those who choose to access the Platform from other locations do so on their own volition and are responsible for compliance with applicable laws.

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