• Spread the Word
  • Distribution Partners
  • Support
  • -->

    Privacy Policy

    Last Updated on November 14th, 2008.

    This privacy policy applies to your use of the Blackbird websites and Blackbird Community web services located at www.blackbirdhome.com and the BlackbirdTV service, Black Search service and Blackbird Grapevine service, which are accessible through the Blackbird Browser (collectively, the "Blackbird Sites"), but not does apply to any third party sites that may be linked to in the Blackbird Browser, or any relationships you may have with the business listed on the Blackbird Sites. The Blackbird Browser is an executable application for PCs that is software operated on a computer, and such application contains links to certain web services.

    The terms "we", "us", and "40A" refers to 40A, Inc., the company that owns and operates the Blackbird Browser and the Blackbird Sites. The terms "you" and "your" refer to you, as a user of any of the Blackbird Sites or Blackbird Browser. The term "personal information" means information that you provide to us which personally identifies you to be contacted or identified, such as your name, phone number, email address, and any other data that is tied to such information.

    BY USING THE BLACKBIRD SITES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE BLACKBIRD SITES. NOTWITHSTANDING THE ABOVE, THE TERMS OF USE OF THE BLACKBIRD BROWSER APPLY TO YOUR USE OF THE BLACKBIRD BROWSER.

    I. Information We Collect and How We Use It

    We use commercially reasonable efforts to ensure that the collection of personal information is limited to that which is necessary to fulfill the purposes identified below. If we use your information in a manner different than the purpose for which it is collected, then we will ask you for your consent prior to such use.

    Account information. If you create an account to take advantage of the full range of services offered on the Blackbird Sites, we ask for and record personal information such as your name and email address. We use your email address to send you any information concerning your account such as lost password information.

    Submissions. We store and may publicly display your submissions in order to provide the services that we offer (for example, your descriptions in submissions to the "Share" feature of Blackbird Grapevine). When we display your submissions, we may do so together with an abbreviation of your account name. The term "submissions" refers to the information that you submit or post to the Blackbird Sites for public display, such as comments or ratings.

    Feedback. If you contact us to provide feedback, register a complaint, or ask a question, we will record any personal information and other content that you provide in your communication so that we can effectively respond to your communication.

    Activity. We record information relating to your use of the Blackbird Sites, such as the searches you undertake, the pages you view, your browser type, and timestamp information. We use this type of information to administer the Blackbird Sites and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Blackbird Sites. You cannot be identified from this aggregate information.

    Cookies. We send cookies to your computer in order to uniquely indentify your browser and improve the quality of our service. The term "cookies" refers to small pieces of information that a website sends to your computer's hard drive while you are viewing the site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following your browser help file directions. If you choose to disable cookies, some areas of the Blackbird Sites may not work properly or at all.

    Enforcement. We may use the information we collect in connection with your use of the Blackbird Sites (including your personal information) in order to investigate, enforce, and apply our Terms of Service and Privacy Policy.

    II. Transfer of Information

    We may disclose information in the aggregate to third parties relating to user behavior in connection with actual or prospective business relationship with those third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertising banners.

    We use third party advertising companies to serve ads when you visit the Blackbird Sites. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

    III. Others' Information

    You may choose to provide us with another person's e-mail address so that person may be invited to download the Blackbird Browser or use the Blackbird Sites. All these invitations are under your control and you control whether the invitations are distributed and what the invitations say. You are under no obligation to initiate any invitations.

    IV. Links

    The Blackbird Sites may contain links to third party websites to which we have no affiliation. Except as may be set forth herein, we do not share your personal information with those third parties, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.

    V. Controlling Your Personal Data

    To the extent you include personal information in your submissions, third parties may be able to identify you, associate you with your user account, and contact you. Please do not include information in your submissions that you expect to keep private. In addition, you can reduce the risk of being personally identified by choosing a fictitious account name, though doing so could detract from the credibility of your submissions.

    VI. Security

    Your account is password protected. We use industry standard measures to protect the personal information that is stored in our database. We limit the access to your personal information to those employees and contractors who need access to perform their job function, such as our customer service personnel. If you have any questions about the security on the Blackbird Sites, please contact us. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that your personal information will never be disclosed in a manner that is inconsistent with this Privacy Policy.

    You hereby acknowledge that 40A is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

    VII. Terms and Modifications to this Privacy Policy

    We may modify this Privacy Policy at any time, and we will post any new versions on this page. If we make any material changes in the way we use your personal information, we will notify you by sending an e-mail to the last e-mail address you provided to us (if you provided us with an email) and/or by prominently posting notice of the changes on our website. Any such changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our website. These changes will be effective immediately for new users of the Blackbird Sites. Please note that at all times you are responsible for updating your personal information to provide us with your most current e-mail address. In the event that the last e-mail you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of personal information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of the Blackbird Sites following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

    VIII. Dispute Resolution

    If you believe that 40A has not adhered to this Privacy Policy you may write to the 40A Privacy Office at the following address:

    40A, Inc.
    Privacy Officer
    c/o SLG
    1754 Technology Drive, Suite 135
    San Jose, California 95110

    E-mail: legal [at] blackbirdhome.com

    In your letter, please describe in as much detail as possible ways in which you believe the Privacy Policy has not been complied with. We will investigate your complaint promptly.