Participating Dealers

Upon receiving an offer from a Participating Dealer, you will need to deliver the vehicle and any supporting documentation as required by the Participating Dealer. Pulse Automotive Group and Participating Dealers will pay Bird Dawg ltd. a fee to participate in the Offer Services.

Any Offer from a Participating Dealer is subject to a verification inspection and may be changed upon such inspection. Participating Dealers are not owned or operated by, or affiliated with or acting on behalf of, either Bird Dawg ltd. Bird Dawg ltd., and their affiliates expressly disclaim any liability resulting from an adjustment of a Participating Dealer’s Offer or refusal to accept the vehicle by the Participating Dealer(s).

BY SUBMITTING YOUR INFORMATION TO RECEIVE AN OFFER, YOU AGREE (I) NOT TO SUE Bird Dawg ltd., THEIR AFFILIATES, THEIR SERVICE PROVIDERS, OR THEIR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF THE CONDUCT OF ANY PARTICIPATING DEALER IN CONNECTION WITH THE OFFER SERVICES, AND (II) YOU AGREE TO LOOK SOLELY TO YOUR PARTICIPATING DEALER FOR YOUR REMEDY AND NOT TO THE RELEASED PARTIES.

Use of Bird Dawg ltd. Site Listings Generally

FOR ALL SITE-RELATED SERVICES, Bird Dawg ltd. IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SITE. Bird Dawg ltd. does not hold or possess title for any vehicle listed for sale on our Site and Bird Dawg ltd. is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Site.

All buyers and sellers must be at least 18 years old to use the Site and by using the Site, you represent that you are at least 18 years old.

Information about a particular vehicle is supplied by the seller, not by Bird Dawg ltd., and the buyer is solely responsible for reading the full vehicle listing before making a commitment to buy. The price and other terms of any sale are arranged after negotiation between the buyer and the seller. Bird Dawg ltd. is not responsible for incorrect information given by third parties, including (i) information regarding vehicles, including but not limited to vehicle mileage, condition, history, or photos of vehicles, and (ii) information about the identity, reliability or suitability of a buyer or seller. AutoCheck Vehicle History reports are provided for informational purposes only from an unaffiliated third-party vehicle report provider, and Bird Dawg ltd. is not responsible for any incorrect information or mistakes. We cannot verify the information/photos that third parties supply or guarantee the vehicles they offer. When using this Site, please use common sense and good judgment. When dealing with prospective buyers/sellers, we urge you to take the same precautions you would take if you were buying/selling a car through a classified ad in the newspaper or any other private sales transaction.

Bird Dawg ltd. MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE OR SOLD ON OUR SITE. VEHICLE SALES ARE “AS IS”. VEHICLE SALES ARE BETWEEN THE BUYER AND THE SELLER ONLY. Bird Dawg ltd. DOES NOT OWN, INSPECT, BUY, OR SELL, ANY VEHICLES LISTED FOR SALE ON OUR SITE. ANY DISPUTE ABOUT THE CONDITION OF A VEHICLE SOLD THROUGH THE SITE IS BETWEEN THE BUYER AND SELLER ONLY. Bird Dawg ltd. DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SITE.

All applications for credit and/or lending arrangements are through one or more unaffiliated third-party providers over whom Bird Dawg ltd. has no control. Any application for credit or lending arrangement, terms, conditions, warranties, or representations associated with any application for credit or lending arrangement, is solely between you and any such third-party provider. Bird Dawg ltd. is not responsible or liable for any loss or damage incurred as the result of such application for credit or lending arrangement.

Interactive Services (Chatbot, Managed Chat, Etc.) Consent and Disclaimers

This Site may provide interactive services, including chatbot, and managed chat functionality with an option to chat. You agree that we may record and retain a transcript of all communications with you via these interactive tools in order to provide the tool and for quality and verification purposes. Your use or access of any of these tools or of our Site is governed by these Terms and Conditions and our Privacy Policy.

Use of Private Sale Services

Bird Dawg ltd. includes a vehicle listing and information service on the private listing portion of the site, sometimes referred to as the “Private Listing Platform”, that brings together private buyers and sellers. The information on vehicles provided through the Private Listing Platform is supplied by the seller or other third parties; Bird Dawg ltd. is not responsible for the accuracy of such information. Bird Dawg ltd. provides the Private Listing Platform services and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. Bird Dawg ltd. is not a party to any transaction between Private Listing Platform vehicle buyers and sellers. Vehicle prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing.

You may pay a fee for access to certain Bird Dawg ltd. services related to the Private Listing Platform. All such fees are payable in advance of the provision of any such service are nonrefundable. We may change these fees at any time in our sole discretion. You shall be solely responsible for the payment of any taxes applicable to its payment for and/or use of such services, other than taxes on Bird Dawg ltd.’ income. Your obligation to pay the fees is unconditional and not dependent on level of promotion, number of ad impressions or exposures, sales, leads, or inspection outcomes. With respect to the Featured listing services offered on the Private Listing Platform, you acknowledge that your vehicle will only be eligible for promotion as a featured listing if (i) it receives a FAIR, GOOD, or GREAT Bird Dawg ltd. Deal Rating or does not receive a Bird Dawg ltd. Deal Rating, and (ii) your listing contains a valid VIN. Following payment, you will receive such services for the period of time specified at the time of purchase unless your listing is removed by you for any reason or by Bird Dawg ltd. due to an issue with your listing.

As a Private Listing Platform seller you represent and warrant: (i) that you are not a motor vehicle dealer or broker, or acting in the capacity as an owner, employee or representative of a dealer or broker, (ii) that all information submitted to Bird Dawg ltd. about a particular vehicle and your contact information are accurate and true. In addition, you agree to approve listing descriptions as complete and accurate before publication, (iii) that all relevant vehicle information is included in the listing submission, (iv) that you are prepared to sell the listed vehicle at the price at which it is listed, (v) that you have possession of the actual vehicle listed and the proper authority to transfer title.

Dealer Use of Restricted Services

If you are a car dealer listing vehicles using Bird Dawg ltd.’ Restricted listing services, you and your dealership’s access to and use of the Restricted services is subject to the Dealer Services Agreement.

Ownership And Intellectual Property

Except as otherwise indicated, all copyright rights and other intellectual property rights in this Site and its contents, including any and all messages, data, information, text, music, sound, photos, images, graphics, code, marks, logos, audio and video, footage, animations, podcasts, analyses, studies, reports, downloads, and other content contained herein (“Site Content”) is owned by or licensed to Bird Dawg ltd., and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. The Site Content is Copyright 2024, Bird Dawg ltd., all rights reserved. Bird Dawg ltd. also owns copyright rights in the Site Content as a collective work and/or compilation, and in any and all databases accessible on or through the Site. Bird Dawg ltd., the Bird Dawg ltd. Logo, and all other marks displayed on this site (the “Trademarks”) are registered and/or common law trademarks of Bird Dawg ltd. and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Site Content or Trademarks without the prior written permission of Bird Dawg ltd. or such other party that may own the Trademarks or any licensed copyrights. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or the Bird Dawg ltd.’ (or its licensor’s, as applicable) ownership of, such copyrights, Trademarks or any other Bird Dawg ltd.’ intellectual property, or assist any third party in doing so.

Use of Chat Rooms, Bulletin Boards and Other Interactive Areas

The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of automobiles and automotive related services or other content, messages, materials or other items on the Site (“Interactive Areas”). If Bird Dawg ltd. provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. No action should be taken based upon any of the information contained in the Interactive Areas. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable automotive area before acting upon any opinion, advice, or information contained on the Site. All statements, information and other content submitted by users are solely the opinions of users, and not of Bird Dawg ltd..

By posting or distributing any message, data, information, text, music, sound, photos, images, graphics, code, marks, logos or other content (“Content”) to or through the Site, unless we indicate otherwise, you (a) grant Bird Dawg ltd. and its affiliates and sublicensees a nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and fully sublicensable right to use, post, store, reproduce, modify, adapt, edit, translate, distribute, transmit, publish, create derivative works from and publicly display, telecommunicate and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant Bird Dawg ltd. and its subsidiaries, affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose in their absolute discretion; and (c) represent and warrant that (i) you own and/or control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site, and to grant the licenses granted herein; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant Bird Dawg ltd. the right to pursue at law any person or entity that violates your or Bird Dawg ltd.’ rights in the Content or breaches of these Terms and Conditions.

Bird Dawg ltd. takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or in connection therewith, nor is Bird Dawg ltd. liable for any mistakes, inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Bird Dawg ltd. is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or any Interactive Area. Although Bird Dawg ltd. has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Bird Dawg ltd. reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason and without liability to you or any third party, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Bird Dawg ltd.’ systems and customers, or to ensure the integrity and operation of Bird Dawg ltd. business and systems, Bird Dawg ltd. may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.

Bird Dawg ltd.’ right to disclose any such information, as applicable, shall be pursuant to the terms of Bird Dawg ltd.’ Privacy Policy. Please see Bird Dawg ltd.’ Privacy Policy for the terms of Bird Dawg ltd.’ personal data collection and use practices with respect to the Site. By using this Site, you consent to Bird Dawg ltd.’ collection and use of personal data as set forth in Bird Dawg ltd.’ Privacy Policy.

Prohibited Activities

By using this Site, you expressly agree not to use, reproduce, modify, adapt, edit, translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create derivative works from or otherwise publish throughout the World, in any media, now known or hereafter devised, on or through the Site any of the following:

1. Content that is unlawful, untrue, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or inappropriate;
2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, foreign, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, the Canadian Securities Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, the Nasdaq Stock Market or the Toronto Stock Exchange;
3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (including rights of privacy and publicity);
4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private or personally identifiable information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files;
8. Content that is unrelated to the purpose of the area of the Site in which such Content is posted;
9. Content submitted using the Site’s vehicle listing lead forms or other lead submission functionality for any purpose other than genuine consumer inquiries relating to the vehicle listed, including (a) to promote products or services, (b) to inquire about or conduct dealer-to-dealer or other wholesale vehicle transactions, or (c) for any other business/commercial purpose; or
10. Content that, in the sole judgment of Bird Dawg ltd., contravenes the above, is otherwise objectionable or inappropriate, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Bird Dawg ltd. or its affiliates or its users to any harm or liability of any type.

You further agree that you will not attempt or do any of the following:

1. Interfere with or disrupt the Site or our computer systems, servers, or networks;
2. Attempt to gain unauthorized access to any part of the Site, to accounts that belong to other users, or to computer systems or networks connected to the Site; or
3. Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise.

Rights to User Content

Content submitted by users will be considered non-confidential and Bird Dawg ltd. is under no obligation to treat such Content as confidential or proprietary information. Without limiting the foregoing, Bird Dawg ltd. reserves the right to use the Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. Bird Dawg ltd. is under no obligation to offer you or make any payment for Content that you submit or its use as contemplated herein or for your permission or license to edit, delete or otherwise modify Content once it has been submitted to Bird Dawg ltd.. Bird Dawg ltd. shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Bird Dawg ltd. or its licensees or sublicensees, successors and assigns; (c) you forever irrevocably waive in favor of Bird Dawg ltd. and its successors, assigns, officers, employees, affiliates, agents and sublicensees, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release Bird Dawg ltd., and its licensees, successors and assigns, from any claims that you could otherwise assert against Bird Dawg ltd. by virtue of any such moral rights.

Grant of License; Use Of The Site

Bird Dawg ltd. grants to you a personal, revocable, nonexclusive, non-transferable license to view, download, and print limited portions of the Site Content available in the public areas of the Site subject to the following conditions: (i) you may only do so on an occasional basis for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked “© 2024, Bird Dawg ltd., All rights reserved.”; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in/on the Site Content by Bird Dawg ltd.; and (v) you may not reproduce, modify, adapt, translate, edit, upload to, transmit, store, further post, mirror, frame, “deep link,” “scrape,” data mine, prepare derivative works from, sell or distribute or publicly display, perform or telecommunicate Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, public display, performance or telecommunication, reproduction, republication, modification, adaptation, translation, editing, storing, transmitting, creation of derivative works, posting, or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of Bird Dawg ltd.. To request permission, you may contact Bird Dawg ltd. as follows:

• By electronic mail to: copyright@Bird Dawg ltd..com
• Or by regular mail to:Editor
  Bird Dawg ltd.
  1001 Boylston Street, 16th Floor
  Boston, MA 02115

You may not use Site Content in any manner that suggests the affiliation, sponsorship, endorsement or association with or by Bird Dawg ltd. with or of you or any third-party entity, person, product or service unless express written permission has been given by Bird Dawg ltd. in advance. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. Any unauthorized use of the Site or the Site Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.

Without limiting the foregoing, you represent and warrant that you are not listed on any government list of prohibited or restricted parties or on any sanctions, debarment or exclusion list or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country.

WARRANTY DISCLAIMER

Bird Dawg ltd.. MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND Bird Dawg ltd. EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THE FOREGOING. Bird Dawg ltd. ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE. Bird Dawg ltd. DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT Bird Dawg ltd. HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE.

LIMITATION OF LIABILITY

YOU USE THE SITE AT YOUR OWN RISK AND NEITHER Bird Dawg ltd., ITS AFFILIATES, SUBSIDIARIES, AND SUBLICENSEE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, Bird Dawg ltd. ALSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND THE SITE CONTENT. IF Bird Dawg ltd. IS FOUND TO BE LIABLE UNDER THIS AGREEMENT, INCLUDING FOR DIRECT OR ANY TYPE OF DAMAGES, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (B) $100.

YOU AGREE TO INDEMNIFY Bird Dawg ltd. AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS.

Links To Other Sites

The Site contains links to third-party web sites. The linked sites are not under the control of Bird Dawg ltd., and Bird Dawg ltd. is not responsible for the contents of any linked site. Bird Dawg ltd. provides these links as a convenience, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Bird Dawg ltd.. Linked sites are owned and operated by independent retailers or service providers, and therefore, Bird Dawg ltd. cannot ensure that you will be satisfied with their products, services, or business practices. You should make whatever investigation you feel necessary or appropriate, including reviewing their Terms of Use and Privacy Policies, before proceeding with any transaction with any of these third parties.

Digital Millennium Copyright Act Compliance

Bird Dawg ltd. complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. SS 512). If you have any complaints or objections to material posted on this Site, or if you believe that material posted on this Site infringes a copyright that you hold, you may contact our Designated Agent at the address provided below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:

1. A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 Bird Dawg ltd. to locate the material;
4. Information reasonably sufficient to permit Bird Dawg ltd. to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. A statement by you that you have 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
6. A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of copyright infringement claims may be reached as follows:

Editor

[email protected]

SMS Terms

If you submit your phone number on this Site, you agree to receive text messages in connection with your vehicle shopping interests. You may receive text messages from Bird Dawg ltd. and/or its subsidiaries or affiliates, from Bird Dawg ltd.’ service provider(s), from a vehicle’s seller or from any of seller’s agents. Text messages from a vehicle’s seller will be subject to the seller’s policies, procedures, and compliance protocols, of which Bird Dawg ltd. has no control.

You can cancel the SMS service from Bird Dawg ltd. at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed from SMS messages from Bird Dawg ltd.. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have any questions regarding our privacy practices, please read our Privacy Policies.

LEGAL DISPUTES

Applicable Law and Jurisdiction

The Site (excluding links to third-party sites) is owned and controlled by Bird Dawg ltd., and operated by Bird Dawg ltd. from its offices in and around Cambridge, MA. While Bird Dawg ltd. has made no effort to publish the Site elsewhere, because this Site is published on the World Wide Web it is accessible in all fifty states of the United States, Canada and in other countries. Each of these places has laws that may differ from those of Ohio and from each other. You and Bird Dawg ltd. both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you and Bird Dawg ltd. explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be governed by the laws of the State of of Ohio, without regard to its conflicts of law principles. You agree that all claims you may have against Bird Dawg ltd. arising from or relating to the operation or use of this Site will be heard and resolved according to the Section below captioned “Dispute Resolution – Mandatory Arbitration and Class Action Waiver.” If you choose to access this Site from locations other than Cambridge, MA, you will be responsible for compliance with all local laws of such other jurisdiction.

DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER

MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CONTACTING US. IN THE UNLIKELY EVENT THAT OUR CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE DISPUTES OR CLAIMS ARISING OUT OF, OR RELATING IN ANY WAY TO, THE TERMS AND CONDITIONS, THE SITE, CONTENT, OR YOUR USE OF THE SITE OR THE INTERACTIVE AREAS (“DISPUTES”) THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT, INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE TERMS OF THIS AGREEMENT. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. IN ARBITRATION, BOTH YOU AND Bird Dawg ltd. WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.

1. Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures

Bird Dawg ltd. values its customers and seeks to resolve disputes informally where possible. Before formally pursuing a Dispute in arbitration, you agree to first send a detailed and individualized notice (“Notice”) to Bird Dawg ltd. by email at [email protected]. If Bird Dawg ltd. has a dispute with you, Bird Dawg ltd. agrees to first send a detailed Notice to your email address on file with us. Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for Bird Dawg ltd. to identify any interaction at issue (e.g., email communications, etc.); and (4) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it. Your Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. You must personally sign this Notice (your counsel’s signature, if represented, is not sufficient). Bird Dawg ltd.’ Notice will likewise set forth (1) information sufficient for you to identify any interaction at issue and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it. You and Bird Dawg ltd. agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Bird Dawg ltd. request a telephone or video conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel, if you are represented). You and Bird Dawg ltd. agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time (which can be held after the 60-day period) and to seek to reach a resolution. This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or Bird Dawg ltd. may initiate an arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by you or Bird Dawg ltd.. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.

2. Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator that you and Bird Dawg ltd. mutually select pursuant to the AAA’s rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879.

To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address: Attn: General Counsel, Bird Dawg ltd., P.O box 246 San Luis Rey, CA 92068. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Columbus, Ohio, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside (which county must be in the continental United States of America). The arbitration shall be governed by the laws of the State of Ohio.

The arbitrator will apply and be bound by these Terms and Conditions, apply applicable law and the facts, and issue a reasoned decision or award. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement’s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable.

In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall remain confidential, except for purposes of seeking court intervention (if necessary).

3. No Class Action Matters

We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, consolidated or representative proceeding, as a private attorney general or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator shall not have the power to vary these provisions.

4. Choice of Law and Forum; No Jury Trial

If for any reason a Dispute proceeds in court: (a) you agree that any such Dispute may only be instituted in a state or federal court of competent subject matter jurisdiction located in Middlesex County, Ohio; (b) you and Bird Dawg ltd. irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes, stipulate to the fairness and convenience of such courts and covenant not to assert any objection to proceeding in such courts; (c) you and Bird Dawg ltd. agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of of Ohio, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (d) you and Bird Dawg ltd. agree to waive any right to a trial by jury.

5. Injunctive Relief

Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates the “Ownership And Intellectual Property” section of these Terms and Conditions.

6. Severability

If any part of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section is ruled to be unenforceable, then the balance of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.

Assumption of Risk

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although Bird Dawg ltd. has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Bird Dawg ltd. is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Bird Dawg ltd. shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.

Modifications to the Site

Bird Dawg ltd. may change, restrict access to, suspend, or discontinue any aspect of the Bird Dawg ltd..com service or the Site at any time, including availability of any feature, database, or content. Bird Dawg ltd. may also impose limits on certain features and services or restrict your access to all or parts of the Bird Dawg ltd..com web site without notice or liability. Bird Dawg ltd. may remove any review from the Site if Bird Dawg ltd. determines, in its sole discretion, that the review may be false or fraudulent. Bird Dawg ltd. may exclude or remove vehicle prices from the Site if Bird Dawg ltd. determines, in its sole discretion, that the prices violate Guidelines for Dealer Pricing and Marketing, which are accessible to vehicle dealers at https://www.Bird Dawg ltd..com/Cars/DealerPricingPolicy.html. Bird Dawg ltd. may exclude or remove from the Site embedded contact information in (i) a dealer’s description of a vehicle and/or (ii) images, often known as “Watermarking,” if Bird Dawg ltd. determines in its sole discretion that such information is embedded with the intent of circumventing the Bird Dawg ltd. lead routing process.

Bird Dawg ltd. reserves the right (but assumes no obligation) to delete, move, condense or edit any content on the Site that comes to Bird Dawg ltd.’ attention and that Bird Dawg ltd. considers unacceptable or inappropriate, whether for legal or other reasons.

Termination

You agree that we may, under some circumstances and without prior individual notice to you, terminate your use of and access to any of the parts of the Site to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of these Terms and Conditions or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Site, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Site or any part of the Site.

Miscellaneous

This agreement may not be assigned by you without the prior written consent of Bird Dawg ltd.. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. Bird Dawg ltd. may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion. These Terms and Conditions shall inure to the benefit of and be binding upon the parties hereto, and their permitted successors, permitted assigns, heirs, and legal and personal representatives. If any provisions of this Agreement are held to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, any such provision(s) shall be enforced to the maximum extent permissible so as to effect the intent of the parties and shall not affect the validity or enforceability of any other provisions herein, and the remainder of this Agreement shall continue in full force and effect. Any waiver of any provision herein, to be effective, must be in writing signed by an authorized officer of Bird Dawg ltd., and shall not constitute a waiver of any other provision herein or a continuing waiver of any future breaches of the same provision.

Entire Agreement/Reservation of Rights

These Terms and Conditions and Bird Dawg ltd.’ Privacy Policy represent the entire agreement between you and Bird Dawg ltd. with respect to your access to or use of any material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Bird Dawg ltd. with respect to same. Any rights not expressly granted under this Agreement are reserved.

If you in good faith believe that your copyrights are being infringed by material on Bird Dawg ltd.’ birddawg.net website, you may request removal of those materials (or access to them) from the website by following the procedure outlined below.

As per the U.S. Copyright Act (17 U.S.C. §512), you must email a notice to [email protected] including the following information to put Bird Dawg ltd. on notice of the infringement:

1. Identify the copyrighted work that you believed was infringed. If there are multiple works, send a list of such works;
2. Identify the infringing material or activity and information that is reasonably sufficient to allow Bird Dawg ltd. to locate the material. Please submit links of the infringing material;
3. Your contact information as the copyright owner or the authorized agent;
4. A statement saying “I have good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;”
5. A statement saying “The information in this notice is accurate, and under penalty of perjury, I am authorized to act on behalf of the copyright owner.
6. The signature of the copyright owner or the authorized agent.

Our designated copyright agent to receive DMCA Notices is:

Vy Vo

Bird Dawg ltd..

1001 Boylston Street, 16th Floor

Boston, MA 02115

Phone: 617-315-4900

Email: [email protected]

You may refer to the following link as a sample request for removal:

https://www.copyright.gov/512/sample-notice.pdf

Once Bird Dawg ltd. is put on notice, Bird Dawg ltd. will take action on valid notice and takedown complaints and remove the infringing material from our site.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages (including costs and attorneys’ fees).

Counter Notice Policy

If you believe that material you posted on the website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Bird Dawg ltd. will promptly take action, without notice, regarding an account that is determined by Bird Dawg ltd., in its sole discretion, to be a “repeat infringer”. In accordance with the Terms and Conditions of Use, Bird Dawg ltd. may also at its sole discretion limit a user’s access to its sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Bird Dawg ltd.. and its affiliates or subsidiaries (“Bird Dawg ltd., we, us, our”) believe in being transparent with respect to the personal information that we process. This Privacy Notice governs how we may process data that is reasonably capable of being linked to an individual (“you”), such as name, address, telephone number, email address, as well as certain data associated with your browser or device (“personal information”) collected through the birddawg.net website, mobile and other applications owned and operated by us (“digital property(ies)”). Please read this Privacy Notice carefully as it describes the purposes to which we may process your personal information. Depending on where you live and how you use our digital properties, additional state specific information is included below that may apply to you.

Please, click here to visit the Bird Dawg ltd. Privacy Rights page to exercise your rights under applicable privacy law.

Contents:

1. Categories of Personal Information We May Collect
2. How We Collect Personal Information
3. Other Ways Personal Information is Collected
4. How We Use Your Personal Information
5. With Whom We Share Your Personal Information and Why
6. Technologies We Use to Automatically Collect Personal Information
7. Additional U.S. State Disclosures
8. Your Privacy Rights and Choices
9. Publicly Posted Information
10. Storing and Retaining Your Personal Information
11. Security – Steps we take to protect your personal information
12. International Transfer
13. Children
14. Changes to this Privacy Notice

I. Categories of Personal Information We May Collect

We may collect the following categories of personal information:

Registration information
When you create an account or subscribe to one of our services, we may collect information, such as your first and last name, country of residence, email address, username, and password.

Transaction information
This information is processed when you engage with certain services on our digital properties, and may include your postal address, telephone number and payment information.

User Activity Information
This may include information about your use, and the use by any person(s) you authorize through your account, of our digital properties, such as the content you view or post, how often you use our services, and your preferences. This can also include information you post in public forums on our digital properties, such as your forum posts or blog comments, it could also include certain information provided using our messaging chat or other similar services where we are permitted by applicable law to collect this information.

Third-Party Information
This includes insights about the use of our digital properties whether hosted by us, or on third-party platforms or devices.

Location information
This may include location information provided by a mobile or other device interacting with our digital properties (including through beacon technologies), or associated with your IP address, where we are permitted by law to process this information.

Technical Data
Usage, viewing, technical, and device data when you visit our digital properties whether hosted by Bird Dawg ltd. or third-party sites or platforms, or open emails we send, including your browser or device type, unique device identifier, and IP address.

See also, VII. Additional State Specific Disclosures below.

II. How We Collect Personal Information

The following describes the different ways we might collect your personal information, whether from you directly or automatically when interacting with our digital properties.

a. Personal Information You Share Directly

When Requesting to be Contacted by a Car Seller
If you request to be contacted by a car seller, both Bird Dawg ltd. and the seller may collect personal information provided by you through the text and chat functionalities that we provide and on the contact forms on our site, which may include your name, email address, postal code, and telephone number, so that the seller can contact you to consider a car purchase or request that you submit a dealer review.

When Using Our Site to Buy or Sell a Vehicle
If you are an individual user (and not acting on behalf of a car dealer) and you want to use our services to buy or sell a vehicle, we and/or our business partners may collect information provided by you in connection with that transaction, for example to create your vehicle listing, to verify vehicle ownership, to confirm funds availability, to process payment, to populate purchase and sale documents, and to provide user support. We may collect this information from entry forms on our site or third-party sites we integrate with, or from a picture of your ID that you upload. This information may include your name, address, email address, telephone number, driver’s license number, photo, gender, date of birth, the last four digits of your social security number, bank name, and bank account and routing numbers.

When Registering with Bird Dawg ltd.; Subscribing
If you register with us or subscribe to receive specific information or services on our site, we will also collect registration information, such as name, email address, mailing address, telephone number, username and password.

Registering with us also gives you the ability to personalize your Bird Dawg ltd. site experience. The benefits of registering will increase over time as we get to know you better and introduce new features. We encourage you to register so that you can experience everything that Bird Dawg ltd. has to offer!

b. Automatic Collection of Personal Information

In addition to the personal information we may collect from you directly, we also automatically collect it as user activity data from our digital properties using tracking technologies.We do this so that we can make sure our digital properties are functioning properly. This typically includes data about your browser or device’s IP address, user agent string, your internet service provider or mobile carrier and the type of handheld or mobile device you use.

For further information, See VI. Technologies We Use to Automatically Collect Personal Information

III. Other Ways Personal Information is Collected

a. Applications and Widgets for Social Media

We may display applications or widgets from social media providers that allow interaction or content sharing by their users. These widgets, such as the Facebook® “Share” or “Like” button, are visible to you on the page that you visit. This may allow the social media networks in which you participate to collect information about you, even when you do not explicitly activate the network’s application or widget while on our digital property. Please visit the applicable social media network’s privacy notice to better understand their data collection practices and the choices they make available to you.

In addition to social media networks, our digital properties also contain references and links to third-party sites that may offer information of interest. This Privacy Notice does not apply to those sites, and we recommend reviewing those sites’ privacy notices individually.

b. Information Collected from Other Sources

We may process personal information from third-party sources to update or supplement the information that you provide or that we collect. For instance, we may collect vehicle registration information from public databases to support a service you have engaged us for. Other sources of information include third-party advertising partners, data providers or aggregators, and search information providers.

We use this information to help us maintain the accuracy of the information we collect, personalize your experience with the site, target our communications and advertisements so that we can inform you of products and services or other offers that may be of interest to you, provide private purchase and sale transaction services, prevent fraud, and for internal business analysis or other business purposes. To learn more about our advertising activities, we encourage you to review our Interest-Based Ads Policy , and our section on Targeted Advertising below.

IV. How We Use Your Personal Information

We may process your personal information in order to:

• send information to car sellers to complete transactions per your instruction
• complete your transaction(s) with us;
• process and collect your payments;
• send you promotional marketing material about us and our services;
• customize, analyze, adjust and improve the site;
• provide you with important administrative information regarding the site, such as – changes to this Privacy Notice and our Terms of Use and other policies;
• prevent fraud and other prohibited or illegal activities;
• comply with requests from law enforcement or relevant data protection agencies;
• provide technical and customer support;
• seek your opinion or feedback on our services or industry questions;
• facilitate access to our applications to which you have subscribed;
• enforce our legal rights or comply with legal requirements;
• provide improved website and product experience and communications; or,
• comply with a legal or regulatory obligation.

We leverage artificial intelligence (AI) technologies, including both AI-enabled tools and internally developed systems, to enhance our business operations, improve our services, and deliver a better user experience. Our use of AI is guided by applicable laws, emerging regulatory standards, and industry best practices, with a strong focus on transparency, accountability, and fairness. We ensure that our processing of personal information complies with our privacy and security policies and implement robust safeguards to protect your data. We are committed to regularly reviewing and refining our AI practices to address evolving privacy norms and maintain trust.

See also, VI. Technologies We Use to Automatically Collect Personal Information below.

V. With Whom We Share Your Personal Information and Why

Mainly to provide our services, we may share your personal information with the following entities:

Affiliates
We may share information about you, including personal information, with our corporate affiliates for specific business purposes.

Car Sellers and Manufacturers/Requests
Upon your instruction, we may share your personal information with car sellers and manufacturers who use that information for purposes of marketing their own products or services to you directly.

Lead generation
When you submit your e-mail address and/or phone number to a particular seller through the site, you agree to being contacted by the seller, including by phone at the number provided, text message, email, automatic telephone dialing system and/or an artificial or pre-recorded voice.

Vendors
We may provide third-party vendors (such as market research firms, marketing partners, advertising agencies, and payment processing partners) access to your personal information to perform services on our behalf. We contractually require our vendors to protect and limit the use of such personal information solely for the purposes of providing the specified services on our behalf.

Other Providers of Products and Services
Upon your direction, we may disclose your personal information to other third-party providers of products and services (for example financing providers). We contractually require such providers to protect your personal information and to limit the use of such information for the purposes you agreed to when submitting such personal information on our site. By submitting personal information on our site in connection with receiving products and/or services from these providers, you acknowledge that your request to have your personal information transmitted to such providers means it will be subject to their privacy notices, and that you should contact them directly for more information concerning their personal information processing activities.

Legal Authorities
We cooperate with legal authorities and may in some instances be required to disclose personal information in response to requests from law enforcement authorities, or in response to a subpoena or other legal process. We also share information about you if we believe we should in order to: (i) prevent a violation of the law; (ii) protect or defend our interests and our legal rights or property; (iii) protect the rights, interests, safety and security of users of the site or members of the public; (iv) protect against fraud or for risk management purposes; or (v) comply with other applicable law or legal process. We also may share your information in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, and in the unlikely event of bankruptcy.

See VIII. Your Privacy Rights and Choices below to learn about how you can exercise your privacy rights with Bird Dawg ltd..

VI. Technologies We Use to Automatically Collect Personal Information

Along with companies we partner with, we employ pixel tags, cookies, java scripts, SDKs, local shared objects such as Flash (sometimes called “flash cookies”), and similar technology (“tracking technologies”) on our digital properties, and third-party digital properties we integrate with. These technologies may create unique advertising identifiers (e.g. cookie identifiers or mobile advertising identifiers) that reside on your browser or mobile device, and in some cases server-side. Tracking technologies may transmit data about your use of our digital properties, including which pages you interacted with, your vehicle search history, the advertisements shown to you or that you may have clicked on, other page view/click data, the date and time of your visit, all associated with your browser or mobile device’s advertising identifier. These identifiers typically persist over time. You can set some cookie preferences through your device or browser settings but doing so may affect the functionality of the site.

These technologies may also include session recording tools such as heat maps, click maps, scroll maps, session replay software, and other similar technologies to track user interactions on our website, including viewed content (e.g. video) to fix bugs, evaluate effectiveness, and make other improvements as necessary. These tools allow us to collect information about how you interact with our content, which helps us improve website functionality, design, and overall user experience.

To learn more about how we employ these technologies and the choices you have concerning our processing of your personal information for digital advertising purposes, see VIII. Your Privacy Rights and Choices below.

Consistent with IV. How We Use Your Personal Information above, the purposes for which we use tracking technologies include:

VII. Additional U.S. State Disclosures

This section supplements the above by providing additional information about how we may process your personal information. Unless stated otherwise, all terms defined in our Privacy Notice have the same meaning below.

Sensitive Information
In order to support the services we provide, we may process the following types of personal information, which are generally considered sensitive under certain U.S. state privacy laws:

• Social security number, driver’s license number, and passport number;
• Credit/debit card number plus expiration date and security code (CVV), and financial account number and routing number;
• Username and password; and
• Precise geolocation data.

We may process this information for the purposes set out above (See IV. How We Use Your Personal Information), consistent with our obligations under applicable law.

De-Identified or Aggregate Information
We may at times receive or process personal information to create data sets that can no longer reasonably be used to infer information about, or otherwise be linked to, a particular individual or household. Where we maintain de-identified or aggregate information, we will maintain and use the data in de-identified or aggregate form and not attempt to re-identify the data.

a. California

We share this notice of collection to comply with the California Consumer Privacy Act of 2018 (CCPA). Any terms defined in the CCPA have the same meaning when used in this Privacy Notice.

Sharing Personal Information
Bird Dawg ltd. does not generally sell information as the term “sell” is traditionally understood. However, to the extent a “sale” under the CCPA is interpreted to include advertising technology activities such as those disclosed in this notice as a “sale,” we comply with applicable law as to such activity.

Information We Collect:

• The sources from which we collect personal information are described in sections II. How We Collect Personal Information and III. Other Ways Personal Information is Collected;
• the business or commercial purposes for which we use this information are described in sections IV. How We Use Your Personal Information and VI. Technologies We Use to Automatically Collect Personal Information ; and
• the categories of third parties to whom we may disclose this information are described in section V. Who We Share Your Personal Information With and Why of this Privacy Notice.

b. Nevada

Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us at [email protected].

VIII. Your Privacy Rights and Choices

You have certain rights to the personal information that we process about you as part of the services we provide. Below is a detailed description of those rights, including additional state-specific rights.

Verification
Consistent with applicable law, please understand that, depending on the type of request you submit, and to protect the confidentiality of yours and others’ personal information, we will only complete your request when your identity has been verified. We will seek to match the information in your request to the personal information we maintain about you. As part of our verification process, we may ask you to: submit additional information, use identity verification services to assist, or, if you have set up an account on our website, to sign into your account as part of our identity verification process.

Right to an Authorized Agent
In certain states, consumers may designate an authorized agent to exercise their privacy rights. You may designate an authorized agent to submit requests on your behalf. However, we may require written proof of the agent’s permission to do so and verify your identity directly.

Right to Non-Discrimination
You also have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise your rights. However, the exercising of the rights described below may result in a different price, rate, or quality/level of product or service where that difference is reasonably related to the impact the right has on our relationship with you or is otherwise permitted by law.

a. Your Privacy Rights

You may have the right to exercise some or all the following rights:

b. Choices

To exercise your right to Know, Delete, or Correct rights, please submit a request by visiting our My Privacy Rights page. To exercise your Opt Out rights, please navigate to “Your Privacy Choices” located in the footer of our site, or by clicking Your Privacy Choices.

Or contact us with questions or requests regarding this Privacy Notice at:

Address:

Bird Dawg ltd..
1001 Boylston Street, 16th Floor
Boston, MA 02115
Attention: Privacy
[email protected]

You may also opt out of any or all future marketing emails from us here or by clicking on the unsubscribe link we place at the footer of every email we send that is not in response to an action taken by the user. Please note that you cannot opt out of non-promotional emails, such as those about your account, transactions or servicing. To opt out of marketing messages from car dealers with whom you’ve shared your personal information, please contact the individual dealer.

Targeted Advertising
Also referred to as “interest based,” “online behavioral,” “personalized” advertising, as well as “Cross-Context Behavioral Advertising,” targeted advertising is the serving of digital advertisements based on predictions generated over time from your visits across different websites, devices, mobile applications, as well as our own. We encourage you to consult our detailed policy on Interest Based Advertising here.

We may work with advertising technology partners who allow us to personalize our ads based on your browsing behavior on our digital properties. Many of these companies are participants of the Digital Advertising Alliance (“DAA”) and/or members of the Network Advertising Initiative (“NAI”). In addition to your right under your state’s privacy law to opt out from targeted advertising by us and our own advertising partners, you can learn more about targeted ads provided by these companies as well as others we are not partnered with, and how to opt out of receiving certain targeted ads from them by visiting:

• https://www.aboutads.info/choices – For targeted ads from DAA participants on websites;
• https://optout.networkadvertising.org/?c=1 – For targeted ads from NAI members on websites and to learn more about how to opt out from receiving targeted ads on your other connected devices.

Opting out only means that the selected participants should no longer deliver certain targeted ads to the specific browser or device on which you made your request, it does not mean you will no longer receive any targeted content and/or ads from other advertising technology companies or on your other browsers or devices that have not been opted out.

We also partner with Amazon to deliver advertisements. You can opt out of delivery of targeted advertising to you by Amazon here. Please note that even if you opt out, you will continue to receive advertisements, but they will not be tailored to your specific interests.

We may also display interest-based ads to you when you are using Facebook and other social media platforms or websites.

LiveRamp Disclosure
When you use our site and enter your email address on our site (either to log in, submit a lead, sign up for a newsletter, or similar), we may share with our advertising partners information that we collect from you, such as your email (in hashed, pseudonymous form), IP address, or information about your browser or operating system, with any of the following, acting as “joint controllers” (as applicable and defined by relevant law).

LiveRamp uses this information to create an online identification code that we may store in our first-party cookie for our use in online, in-app, and cross-channel advertising. This may be shared with advertising companies to enable interest-based and targeted advertising. LiveRamp uses this information to create an online identification code for the purpose of recognizing you across your devices. This code does not contain your directly identifiable personal information and will not be used by LiveRamp to re-identify you.

Detailed information on LiveRamp’s data processing activities is available in LiveRamp’s privacy policy https://liveramp.com/privacy/. You have the right to withdraw your consent or opt out to the processing of your personal information by LiveRamp at any time by visiting: https://liveramp.com/opt_out/.

IX. Publicly Posted Information

Your member profile will be publicly viewable and identifiable via your username. Bird Dawg ltd. will not share your email address with any other members or display it publicly. Please consider carefully before making any information public as you are solely responsible for any information you make public. Once you have posted information, you may not be able to edit or delete it.

If you choose to participate in our member-to-member communications programs, you may be contacted by other members, using us as an intermediary. All members have the option to turn off the member-to-member communication features at any time.

Information that you make available to us and others via social media networks, forums, blogs, list serves, chat rooms or similar functionality is public information that we or others may share or use in accordance with the law.

X. Storing and Retaining Your Personal Information

Your personal information is stored on servers in the U.S. Also, some of our service providers may store information in servers hosted in countries different from where you reside. As such, your personal information may be subject to the laws of other countries, where the data protection and other laws may not be as comprehensive as your country of residence.

Consistent with our recordkeeping policies and practices, we may retain your personal information so long as it is necessary to fulfill the purposes outlined in this Privacy Notice, unless a longer retention period is required by law. Once we no longer have a legitimate business reason to retain your personal information, it is either destroyed, aggregated or deidentified, however we may retain inactive archival copies consistent with applicable law.

XI. Security – Steps we take to protect your personal information

We have implemented administrative, technical, personnel, and physical security measures designed to protect the personal information stored in our systems against loss, theft and unauthorized use, disclosure or modification. We also employ processes (such as password hashing, login auditing, and idle session termination, as appropriate) designed to protect against unauthorized access to your personal information. While we endeavor to create secure and reliable digital properties for users, the confidentiality of any communication or material transmitted to/from a Bird Dawg ltd. digital property, and the security of your personal information, cannot be guaranteed. We encourage you to take steps to protect your personal information online.

XII. International Transfer

We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing our digital properties from outside of the U.S., please be aware that information collected may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of this digital property or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the U.S. and other jurisdictions as set out in this Privacy Notice.

XIII. Children

Bird Dawg ltd. digital properties are intended for a general audience and are not directed at children under (13) years of age.

We do not knowingly gather personal information (as defined by the U.S. Children’s Online Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If you are a parent or guardian and you believe we have collected information from your child in a manner not permitted by law, contact us at [email protected]. We will remove the data to the extent required by applicable laws.

We do not knowingly “sell” the personal information of minors under 16 years old who are California residents without their affirmative authorization.

If you are a California resident under 18 years old and registered to use a Bird Dawg ltd. digital property, you can ask us to remove any content or information you have posted. To make a request, email us at the email address set out in “Contact Us” section with “California Under 18 Content Removal Request” in the subject line, and tell us what you want removed. We will make reasonable good faith efforts to remove the post from prospective public view, although we cannot ensure the complete or comprehensive removal of the content and may retain the content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

XIV. Changes to this Privacy Notice

We may occasionally update this Privacy Policy to reflect changes in our practices. When we post modifications to this Privacy Notice, we will revise the “Last Updated” date at the top of this page. The modified Privacy Notice will be effective immediately upon posting. Your continued use of our digital properties after the posting of the modified Privacy Notice constitutes your agreement to abide and be bound by it. We encourage you to periodically review this page for the latest information on our privacy practices. If you object to any modification, your sole recourse is to stop using the digital property.

Here are our practices.

We employ rigorous security measures at organizational, architectural, and operational levels to protect our applications, our infrastructure, and the data of our customers and website visitors. At Bird Dawg ltd., we actively promote security awareness, provide training on data protection, and implement best practices, so that security principles and data privacy are top of mind for our employees. Bird Dawg ltd. considers information security principles when designing our platform, managing our networks, and conducting our daily business operations.

Governance

Bird Dawg ltd. has implemented formal data privacy, information security, and acceptable use policies that govern employee activities. We train our employees on these policies during onboarding and regularly thereafter. In addition, we rely on our Information Security and IT teams to enforce policies through the implementation of technical controls.

Risk Management

Bird Dawg ltd. performs regular information security risk assessments covering our facilities, systems, and information assets. We share risk assessment results and risk mitigation suggestions with senior management, as appropriate. Our risk assessment results specify proposed changes to systems, processes, policies, and tools to reduce security vulnerabilities and threats to Bird Dawg ltd., its customers, and its website visitors. We mitigate risks through the implementation of policies, procedures, and controls.

Vendor Security Management

Bird Dawg ltd. conducts and records vendor security assessments for its service providers. Vendors are approved or rejected based on their relative security posture and the risk they would introduce for Bird Dawg ltd..

Security Operations

Bird Dawg ltd. employs state-of-the-art endpoint security protections, intrusion detection systems, and advanced email protections to monitor our systems and prevent potential security incidents. Bird Dawg ltd. uses a next-generation anti-malware solution to address malicious software and other threats. Anti-malware agents are centrally managed and are configured to install updates on a regular basis. These agents alert operations analysts when malware is detected so they can take action.

Bird Dawg ltd. uses a vulnerability management program to identify and remediate vulnerabilities across our networks, reducing exposure, and minimize our attack surface. We also conduct 24/7 monitoring of our critical systems.

Access Control

Bird Dawg ltd. uses identity and access management controls to provide access to our systems through user accounts with appropriate privileges. Bird Dawg ltd. provisions all critical network and application access using the principle of least privilege. We limit key administrative access to authorized personnel. Provisioning and deprovisioning procedures exist to document the relevant access levels and approvals granted to critical systems and data. We conduct periodic access reviews for critical systems and applications, using a risk-based approach.

Bird Dawg ltd. uses an identity management single sign-on platform provider for our critical business applications. We assign users unique IDs and enforce password requirements that align, at a minimum, to NIST standards. Our identity management platform enforces Bird Dawg ltd.’ password policy and requires multifactor authentication.

Physical Security

The Bird Dawg ltd. platform is hosted in the cloud and in state-of-the-art data centers. The co-located data centers provide physical and environmental security controls (including biometric identification, supervised entry, 24/7/365 on-premise security teams, and CCTV systems). Access to data centers is restricted to authorized individuals. Our data center facilities maintain SOC 2 reports, which describe and test the internal controls of the service organization.

Data Privacy and Protection

Bird Dawg ltd. takes the protection of personal data seriously. Databases are gated by role-based access controls, and multi-factor authentication is enforced on login. Bird Dawg ltd. employs recognized encryption protocols for data in transit and at rest.

Bird Dawg ltd. recognizes and adheres to data privacy laws and regulations, including the EU’s General Data Protection Regulation (GDPR), California’s Consumer Privacy Act (CCPA), and the PCI Data Security Standard. The GDPR and CCPA impose obligations regarding the collecting, processing, and transmission of personal data. Bird Dawg ltd. has implemented controls across our organization so that we can better achieve and maintain compliance with these frameworks. For more information about our data privacy practices, please visit Bird Dawg ltd.’ Privacy Policy

Security Awareness

Bird Dawg ltd. delivers security awareness and data privacy training to employees during the onboarding process and regularly thereafter. Additionally, our Information Security team frequently publicizes alerts and security tips through internal communications channels.

Availability

Bird Dawg ltd. maintains documented backup procedures. Bird Dawg ltd. regularly performs full backups of all production databases. Data backups are replicated to an offsite location on a regular schedule.

Application Security

Bird Dawg ltd. employs both internal and external testing of our platform. We’ve also partnered with a third-party platform to host our bug bounty program, enabling security researchers to securely report vulnerabilities and bugs in Bird Dawg ltd. platforms and systems. In addition, we’ve engaged a security expert to conduct external network and web application penetration testing on a periodic basis. Bird Dawg ltd. applies a systematic approach to managing change so that changes to services impacting Bird Dawg ltd. and our customers are first reviewed, tested, and approved. The goal of Bird Dawg ltd.’ change management process is to prevent unintended changes from reaching our production environment. All critical changes deployed to production undergo a review, testing, and approval process before release.

Interest-Based Ads: Bird Dawg ltd. may partner with advertising networks, which may use information collected through a variety of Data Technologies (described in our Privacy Policy) to provide customization, auditing, research and reporting for us and other advertisers. We may also act as an advertising network and use information collected through a variety of Data Technologies while you are on our site and elsewhere where we may be acting as a third party. This data collection takes place both on the site and on third-party’s websites and mobile applications. This process allows Bird Dawg ltd. and third parties to deliver targeted advertising, enhance marketing programs and help track the effectiveness of such efforts. Advertising networks also may use this information for determining or predicting the characteristics and preferences of their respective advertising audiences and measuring the effectiveness of their advertising in accordance with their privacy policies.

We may provide information that is directly associated with a specific person (such as name and address) to any advertising network when you interact with or view a customized advertisement. However, when you view or interact with an advertisement, the advertiser may make an assumption that you are interested in the subject matter of the advertisement

Some companies disclose when they are using interest-based advertising programs on the site to deliver third-party ads or collecting information about your visit for these purposes and give you the ability to opt-out of this use of your information. You may see an icon in or around third-party advertisements on the site that use interest-based advertising programs and on pages where data is collected and used for online interest-based advertising. Clicking on this icon will provide additional information about the companies and data practices that were used to deliver the ad. You can opt out of delivery of targeted advertising to you by Bird Dawg ltd. and by multiple other companies by visiting: www.aboutads.info/choices and www.networkadvertising.org/managing/opt_out.asp. Please note that even if you opt out, you will continue to receive advertisements, but they will not be tailored to your specific interests.

We, our third party service providers, our advertising networks, car dealers and/or advertisers on our site also use Data Technologies, as described in our Privacy Policy.