Terms and Conditions

In accordance with Article 6 of Law No. 2004-575 of June 21, 2004, for confidence in the digital economy, the persons responsible for the birdpostal.com website are:

Website publisher:

Company name: TEM SAS
Share capital: €14,301,000.00
SIRET number: 829 113 109 00047
EU VAT number: FR58829113109
RCS: Perpignan B 829 113 109
NAF/APE code: 7010Z (Head office activities)
Category: Finance
Editorial manager: TEM SAS
Email: hello@birdpostal.com
Website: birdpostal.com

Hosting provider:

Google Cloud
Website: https://cloud.google.com/gcp

Article 1: Prices

The prices of our products are indicated:

For individuals (B2C): in euros, all taxes included (TTC).
For professionals (B2B): in euros, excluding taxes (HT).

TEM SAS reserves the right to change prices at any time, but products will be invoiced based on the rates in effect at the time of order confirmation.

1.1: Prices and Products

The first five sends are offered as a trial and do not require any purchase obligation. If a send order is placed before using these 5 trial versions, they will be forfeited.

Prices are decreasing, including card personalization and shipment tracking.

TEM SAS cannot be held responsible for the non-opening of your message by your recipient, which will not result in a deduction of the shipment. Sending to the same recipient will count as two sends.

To place an order, the user must purchase a "number of sends". When a product is sent, the number of sends deducted corresponds to the number of sends made.

Article 2: Conditions applicable to ordered content

2.1: Order and validation

Payment for the order by the customer constitutes full and unconditional acceptance of these general terms of sale. No modification of the order may occur after this validation.

The ability to send your product will take place after payment confirmation.

The Company strives to maintain access to its websites 24/7. However, it cannot be held responsible for service interruptions, particularly for maintenance or technical issues. The customer acknowledges being aware of the technical limitations related to internet technologies, especially regarding information access, file transfer, and inherent risks.

Any cancellation of an order can only occur after the Company's acceptance and will be confirmed in writing via email.

By placing an order on this site, you guarantee that you have all the rights, permissions, and authorities necessary to place the order. You authorize the Company to copy, modify, create templates and derivative works, and vectorize any content uploaded by you, for the purpose of fulfilling your order.

2.2: Conditions related to ordered content

You are personally responsible for the use you make of the content, particularly when it has been personalized with images, graphics, texts, or others.

You agree not to use our services to disseminate content that is illegal, harassing, defamatory, libelous, threatening, harmful, obscene, malicious, or otherwise objectionable.

You also agree not to include in your content any text, image, design, trademark, or service mark, nor any work whose intellectual property rights belong to a third party without first obtaining the appropriate permissions from the owners. To this end, you guarantee that your content will not infringe upon the rights of any third party, including intellectual property rights, trademarks, personality rights, and the right to privacy, that it will not slander or defame any third party, and that you have all the necessary rights or permissions for their use.

2.3: User responsibility and recipient consent

When using our digital card (e-card) sending services, you agree to comply with current regulations, especially regarding personal data protection and privacy.

Consent obligation: You are required to obtain the explicit and prior consent of your contacts before sending them any communication via our platform. It is your responsibility to ensure that your contacts have agreed to receive communications from you.

The Company cannot be held responsible in the event of the user's failure to comply with legal obligations related to personal data protection and the sending of electronic communications.

You guarantee the Company against any claim, action, or recourse from third parties related to the sending of digital cards without the prior consent of the recipients, as well as any failure to comply with applicable laws and regulations.

Article 3: Order processing

Validating your online order constitutes acceptance of its content. Therefore, it cannot be modified afterward.

Article 4: Payment

The proposed payment method is credit card payment through a secure site.

Customer's order processing will only be carried out once the banking institutions have validated the payment.

Article 5: Right of withdrawal

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

For the provision of services fully performed before the end of the withdrawal period and whose execution began after the express prior agreement of the consumer and express waiver of their right of withdrawal.
For the supply of digital content not provided on a tangible medium, the execution of which began after the express prior agreement of the consumer and express waiver of their right of withdrawal.

Thus, by ordering our digital card (e-card) services, you acknowledge and agree that, in accordance with Article L221-28 of the Consumer Code, you do not benefit from the right of withdrawal.

Article 6: Complaints

If, despite the attention paid to the order, it does not satisfy the customer due to a problem exclusively attributable to TEM SAS (specifically: content not conforming to the validation made online by the customer), the customer has 14 calendar days from the date of the order to make a complaint. After this period, the order will be considered definitively accepted by the customer. A complaint deemed justified by TEM SAS will result in either a free modification of the defective card or a refund that may be offered within 15 days.

Article 7: Intellectual property

All illustrations, photographs, graphics, and texts on the birdpostal.com website are strictly reserved under copyright and intellectual property rights. Any reproduction, representation, modification, publication, or adaptation of all or part of the elements on the site, regardless of the means or process used, is prohibited without prior written authorization from TEM SAS.

Article 8: Personal data

8.1 Collection of Personal Data

In the context of using our electronic card sending services, we collect, and process personal data related to several categories of individuals:

Clients: individuals (B2C) or businesses (B2B) that use Bird Postal to design and distribute invitations, facilitate and manage events.
Guests: individuals who receive an invitation to an event or a card through our services or via another third-party communication and may respond to it on our site.
Other Visitors: individuals whose interactions with us are limited to browsing our site or interacting with us on social media.

8.2 Types of Data Collected

The personal data we collect varies depending on your interaction with our services and may differ based on whether you are a B2C (individual) or B2B (business) client: For all users:

Contact Information: name, email address, phone number.
Browsing Data: IP address, browser type, login data, pages viewed.
Content You Choose to Provide: messages, comments, or other information when you contact us or interact with our services.

Clients (B2C and B2B):

Account Information: username, password.
User Content: messages, photos, videos, graphics, guest lists, event information.
Address Book: information about contacts you choose to import or enter manually, including names, email addresses, and phone numbers of your guests.
Payment Data: if you purchase paid services, our payment service providers will collect information such as credit card number, expiration date, security code, postal code, and country.
Business Information (for B2B clients): company name, VAT number, business address.

Guests:

Responses to Invitations: name, email address, phone number, response to the invitation.
Content Shared with the Client or Other Guests: messages, comments, photos, videos.

8.3 Use of Personal Data

We use your personal data to:

Provide and Manage Our Services: authenticate users, facilitate the creation and sending of electronic cards and invitations, manage events and responses.
Communicate with You: send notifications regarding your events, respond to your requests or questions.
Improve Our Services: analyze the use of our services to enhance their performance, customize your experience, and develop new features.
Ensure Security: prevent fraud, detect illegal or unauthorized activities, protect the rights and safety of our users.
Comply with Our Legal Obligations: adhere to applicable laws, respond to legal requests from competent authorities.

8.4 Non-Use of Guest Data for Commercial Purposes

We are committed to not using guests' personal data (including names, email addresses, phone numbers) for commercial, promotional, or marketing purposes. Guest information is collected exclusively on behalf of the client to facilitate the sending of invitations and the management of events. We do not sell, trade, or rent guests' personal data to third parties.

8.5 Responsibility of Clients Regarding Guest Data

The client, whether an individual (B2C) or a business (B2B), is responsible for ensuring they have the explicit and prior consent of guests for the collection and processing of their personal data in connection with the use of our services. The client must comply with legal obligations regarding personal data protection, including those set out by the GDPR.

8.6 Storage and Security of Guest Data

We understand the importance of the confidentiality of guest data. To this end:

Data Security: we implement appropriate technical and organizational measures to protect personal data against loss, misuse, unauthorized access, disclosure, alteration, or destruction.
Restricted Access: guest data is accessible only to the concerned client and authorized members of our team for service needs.
Limited Storage: guest data is retained only for the time necessary to organize the event, unless a longer retention period is required or permitted by law.

8.7 Rights of Guests and Clients under the GDPR

In accordance with the General Data Protection Regulation (GDPR), guests and clients have the following rights regarding their personal data:

Right of Access: to obtain confirmation that personal data concerning them is or is not being processed, and, where applicable, to access this data.
Right to Rectification: to request the correction of inaccurate or incomplete personal data.
Right to Erasure: to request the deletion of their personal data in certain circumstances.
Right to Restrict Processing: to request that the processing of their data be restricted in certain cases.
Right to Object: to object at any time to the processing of their personal data for legitimate reasons.
Right to Data Portability: to receive their personal data in a structured, commonly used, and machine-readable format and to transmit it to another data controller.

To exercise these rights, guests and clients can contact us at:

TEM SAS
27 rue Gustave Eiffel
66280 Saleilles
Email: hello@birdpostal.com

8.8 Distinction between B2C and B2B

We recognize that our clients can be individuals (B2C) or businesses (B2B). Although the processing of personal data is subject to the same protection principles under the GDPR, certain specific obligations may apply:

B2C Clients (Individuals):

They benefit from all rights provided by the GDPR as natural persons.
We process their personal data primarily for the performance of the contract and with their explicit consent for certain operations.
We do not share their personal data with third parties without their consent, unless required by law.

B2B Clients (Businesses):

When acting as data controllers for guest data, they must ensure compliance with GDPR obligations, particularly regarding obtaining guest consent and respecting the rights of data subjects.
We act as a data processor on behalf of B2B clients and process personal data according to their instructions while adhering to GDPR requirements.
A data processing agreement may be established to define the responsibilities of each party regarding data protection.

8.9 International Data Transfers

Your personal data may be transferred and processed outside the European Economic Area (EEA). In such cases, we ensure that appropriate protective measures are in place, such as using standard contractual clauses approved by the European Commission, to ensure that your data receives an adequate level of protection in accordance with the GDPR.

8.10 Cookies and Similar Technologies

We use cookies and other similar technologies to enhance your experience on our site, personalize content, provide social media features, and analyze our traffic. You can manage your cookie preferences through your browser settings or consult our Cookie Policy for more information.

8.11 Changes to Our Privacy Policy

We may update this privacy policy from time to time to reflect changes to our practices or for other operational, legal, or regulatory reasons. Any changes will be posted on this page with a revised update date. We encourage you to regularly review this page to stay informed about how we protect your information.

8.12 Contact

If you have any questions or concerns regarding our use of your personal data or if you wish to exercise your rights, please contact us at:

TEM SAS
27 rue Gustave Eiffel
66280 Saleilles
Email: hello@birdpostal.com

8.13 Supervisory Authority

If you believe your rights are not being respected or that your data is not being processed in accordance with the GDPR, you have the right to lodge a complaint with the competent supervisory authority, the Information Commissioner's Office.

Website: https://ico.org.uk/

Article 9: Governing law and jurisdiction

These general terms of sale are governed by French law. In the event of a dispute, and failing an amicable agreement between the parties, French courts shall have exclusive jurisdiction.

Terms and Conditions

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