Effective Date: April 4th, 2025
Birthly LLC Privacy Policy
This Privacy Policy (“Privacy Policy”) describes how Birthly LLC will gather, use, and maintain your personal information. It will also explain your legal rights to control our use of that information. By using the Birthly Platform, you confirm that you have read and understand this Privacy Policy, our Cookie Policy, and our Terms of Service (together referred to herein as the “Agreement”). The Agreement governs the use of the Birthly Platform. Birthly will gather, use, and maintain information consistent with the Agreement.
In this Privacy Policy:
Birthly LLC may be referred to as "Birthly," “we,” “our,” or “us.”
We call a user of the Birthly Platform a “User,” or collectively, the “Users.” This includes Clients and Educators as defined in the Terms of Service
"You" and “you” and "your" refer to an individual User of the Birthly Platform.
“Site” is the community platform that we offer at our website (www.mybirthly.com and https://mybirthly.vhx.tv/browse).
The platform and related products and services provided by Birthly and the Site, including without limitation information provided by Birthly to potential and actual Users in relation to the services, together are called the “Birthly Platform.”
“Terms of Service” can be found at www.mybirthly.com/terms-of-service.
“Cookie Policy” can be found at www.mybirthly.com/cookie-policy.
Information Collection
Identifiers. Birthly collects information such as your name, address, approximate geographic location of your computer or mobile device, telephone number, email address and bank account and other Financial Information if you voluntarily choose to share with Birthly. We do require that you furnish this information when you purchase a service or a product from Birthly or register with us as a Client, in order to provide you the Birthly Platform. When you register your account, and through any communications transmitted through our Site, we collect information including your name, address, phone number and email address. You also may choose to send Birthly personal information in a survey, an intake form or an email message containing inquiries about the Birthly Platform. Certain offerings of the Birthly Platform, such as newsletters, surveys, contests, and the like are optional and so you are not required to enter them or to give us your data in connection with them. Where you do choose to enter them, we will use your data to operate and manage the survey, contest or similar in connection with our legitimate interest in promoting our business and the Birthly Platform.
Information from Cookies and Other Technologies. When you visit websites on the Internet, your browser may automatically transmit information to the websites you visit throughout every visit, including ours. Like many websites, we use “cookies” to collect information. Please see the Birthly Cookie Policy for more information.
Device Information. When you visit and interact with the Birthly Platform or the Site, Birthly may collect certain information automatically, including, but not limited to, the type of computer or mobile device you use, your mobile device’s unique device ID, the IP address of your computer or mobile device, your operating system, the type of Internet browser(s) you use, and information about the way you use the Birthly Platform (“Device Information”). We may use Device Information to monitor the regions from which Users navigate the Site or the Birthly Platform and for security and fraud prevention purposes. Tools with the goal of anonymizing certain Device Information (like the TOR network) are forbidden on the Birthly Platform. While we respect your right to hide this information, we believe that doing so is in conflict with the spirit of our platform and our desire to host an open and honest marketplace. Use of such tools hampers the functionalities of the Birthly Platform.
Financial Information. To help Clients make payments, we may collect financial information, including name, address, credit card number, and any other payment information (“Financial Information”). Please note we use third party payment processors to collect this information on our behalf.
Public Information. Your profile on the Birthly Platform consists of information about you, and may include personal information, photographs, and other information, including your username (“Profile”). The information in your Profile may be visible to all Users and the general public if you decide to share it in Public Areas as defined in the Terms of Service. Please keep in mind that whenever you consent to making your personal information available for viewing by third parties online – for example on message boards, in blog comments, through email, or in chat areas – that information can be seen, collected, and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
Birthly's Use of Personal Information
Birthly uses Personal Information for the following purposes:
To operate and make available the Birthly Platform. We use your data to connect you with Educators in order to enable the completion of, and payment for Product(s) and related services;
For billing and fraud prevention;
To ensure a safe and secure environment in which Clients and Educators can connect through the Birthly Platform;
To analyze Site usage to improve the Birthly Platform to grow our business;
To contact you and deliver (via email, SMS, push notifications, or otherwise) administrative notices, marketing notifications, offers and communications relevant to your use of the Birthly Platform;
To provide you with customer support in order to fulfill our contracts with Users;
For marketing and research;
For troubleshooting problems, and detecting and protecting against error, fraud or other criminal activity in ensuring a safe and secure environment;
To assist Users in the resolution of complaints and disputes between them, as necessary for our legitimate interests in facilitating good relations among Users;
To comply with the law;
To enforce our Terms of Service to ensure our rights are complied with; and
As otherwise set forth in this Privacy Policy.
Advertising. Birthly may advertise products, companies and events that we think might interest you through the email address you provide. Your choices regarding third party ads are set forth in the Choice/Opt-Out section below. However, when you access another website or purchase third-party products or services through the Birthly Platform, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products and services.
Analytics and Market Research. Birthly may analyze your information and web navigational data based on your interests, and may use the analysis from this information in a way that doesn’t reveal a name, email address or other "real-world" identity (“Market Analysis”) in order to market the Birthly Platform, improve the likelihood of a sale to a group of potential Users, and improve a group's experience with the Birthly Platform..
Cell Phone Numbers. When you consent, Birthly may use your cell phone number to call or send recurring text messages to you, using an autodialer or prerecorded voice, in order to provide you notifications about products, services and appointments, for marketing purposes, and to administer the Birthly Platform. If you would like more information about our policy, or to opt out, please review the Terms of Service. You may be liable for standard SMS and per-minute charges by your mobile carrier.
Information Sharing
Third Parties. To operate the Birthly Platform, including processing your transactions, we may share your information with our agents, representatives, contractors and service providers so they can provide us with support services as follows:
Platform management;
Email origination;
Product / service delivery;
Receipt or support services;
Customer relationship management services;
With care providers for educational purposes;
Financial transaction fulfillment (in which we are currently supported by Stripe who process your information in accordance with their own privacy policy here: https://stripe.com/gb/privacy ); and
To otherwise help us provide the Birthly Platform, including all of the things described in the preceding section.
Other Users. Birthly facilitates contact between Clients and Educators and reserves the right to share an Educator’s contact information (e.g. phone number, or email and postal address) with a Client and vice versa, or with their legal or other representative, in order to facilitate the resolution of a dispute related to or arising from an interaction between two or more Users of the platform. This exchange of information is a mandatory part of the Birthly Platform, and parties agree to this sharing through use of the Birthly Platform.
Legal Obligations. Birthly may disclose personal information or User Generated Content, including location data or communication data, to a third party if required to do so by law or pursuant to a court order, warrant or subpoena. Birthly reserves the right to disclose personal information from both private and public areas of the Site and the Birthly Platform in the absence of a court order warrant or subpoena if we are given reason to believe, in our sole discretion, that someone is causing injury to or interfering with the rights of Users, the general public, or Birthly or its partners, parents or affiliates.
It is our policy to provide notice to Users before producing their information in response to law enforcement requests unless (i) we are prohibited by law or court order from doing so, (ii) we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety, or (iii) it is an emergency request and prior notice would be impractical (in which case we may provide notice after the fact).
Business Affiliates & Corporate Reorganizations. Finally, Birthly reserves the right to transfer, sell and/or distribute all information collected through the Birthly Platform to an affiliate, subsidiary, or third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or part of our business, assets or stock. We will require the new entity to follow this Privacy Policy with respect to your personal information, as and to the extent required by applicable law.
Choice/Opt-Out
You may opt-out of receiving electronic communications from us and our partners, remove your information from our database, choose to not receive future communications related to the Birthly Platform by contacting us at info@mybirthly.com.
During registration you choose whether to receive marketing correspondence from either Birthly or its partners and whether you want to participate in a variety of Birthly programs. We may occasionally contact you with information about special events, sales, activities, promotions, contests, submission opportunities and programs. You always have the option to ask Birthly not to contact you with this information again.
If you opt-out of only certain communications, other necessary or legally required subscription communications may continue such as those about your account, transactions, servicing, or Birthly’s ongoing business relations with you.
You may change your account information or close your Birthly account at any time by logging into your account and selecting account settings. If you close an account, you may lose access to video programming that you have purchased.
Do Not Track Signals
DNT is a privacy preference you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. Because there currently isn’t an industry or legal standard recognizing or honoring DNT signals, we do not recognize them.
Your Privacy Rights
Certain states in the U.S., including California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights related to their Personal Information. Although some of these rights apply generally, certain rights will only apply to limited individuals or circumstances. To the extent that these laws apply, you may exercise the following rights:
Right to Know and Access Information. Note that much of the information you are entitled to know or access is disclosed in this Privacy Policy. With this said, you have the right to know about our information practices. You also have the right to access the categories of data we collect, with whom we share or sell that information, and, in some cases, what specific Personal Information we associate with you or your account.
Right to Data Portability. If you request a copy of your specific information then we will provide it in an easily accessible format.
Right to Deletion or Erasure. You may request that we delete the information we have collected about you. Depending on the applicable law, in some cases we are required or permitted to retain your information, even if you validly requested we delete or erase it.
Right to Correct Information. You may request we correct or rectify inaccurate information we have collected about you. You can update your Personal Information by editing the intake form completed upon your purchase of any service and products or by contacting us at info@mybirthly.com.
Right to Opt out of Targeting Advertising, Sales, or Profiling. You may opt-out of our use of your Personal Information for targeted advertising, sales, or profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of your privacy rights, contact us with the information provided within this Privacy Policy.
Appeal. If we deny your rights request, you have the right to request an appeal of our decision. To initiate an appeal, follow the instructions provided in the communication denying your request, or contact us.
Non-Discrimination. You have the right to not experience discrimination from us for exercising the rights listed in this section. What we mean by discrimination is denying you access to our services or limiting the quality of our Birthly Platform.
Birthly's Information Retention Policy
Birthly uses several criteria to determine how long we should keep categories of Personal Information. We may retain your Personal Information for the time period reasonably necessary to achieve the business purposes outlined in this Privacy Policy to the extent permitted by applicable law.
Please understand that residual copies of the Personal Information can be stored in locations or formats that make complete erasure extremely difficult. The best way to ensure you control your information is to give us only the Personal Information that you are completely comfortable sharing with us.
User Generated Content
Users who have provided Birthly with any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects, hereby consent to our use of these materials as User Generated Content in accordance with the Terms of Service. Information transmitted through boards, chats, polls or through any other means remains in our databases and becomes the property of Birthly upon submission.
Data Security
We have implemented reasonable and appropriate physical, technical, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, access, loss, misuse, alteration, destruction, and disclosure. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We also require that third party service providers acting on our behalf or with whom we share your information also provide appropriate security measures in accordance with industry standards. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are solely responsible for keeping this password confidential and maintaining the security of your account (s). We ask you not to share your password with anyone. You must notify us immediately if you suspect any unauthorized access to or user of your account(s). We urge you to be careful about giving out information in public areas of the Site like message boards, chat areas, etc. The information you share in public areas may be viewed by any user of the Site. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
Children’s Privacy and Note to Parents and Guardians
We do not knowingly collect personal information from children under 13 years of age. The Birthly Platform is not directed to children under the age of 13 and children under 13 are not permitted to use the Birthly Platform. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will delete or disable such information. If you are a parent or guardian of a child under the age of 13, and you believe your child has provided us with personal information, please let us know at info@mybirthly.com.
Notification of Changes
It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website. The date this Privacy Policy was last revised is identified as the “Effective Date” at the top of this Privacy Policy.
Contact
If you have any questions about this Privacy Policy, the Site, your dealings with the Birthly Platform, or if you have technical problems, you may contact us at info@mybirthly.com.