Allbirds, Inc. (together with its affiliates, “Allbirds”) endeavors to protect your personal information. This Privacy Policy informs you about our practices regarding the treatment of information we collect from you online (e.g., through our websites) and offline (e.g., through customer support channels, our retail locations, and in-person promotional activities), the kinds of information we may collect, how that information is used, with whom we share it, and how you can opt-out of a use or correct or change such information.

This Privacy Policy is incorporated into Allbirds’ Terms of Use by reference, as if set forth fully therein, which must be reviewed and accepted by you.

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

1. Scope

This Privacy Policy applies to personal information that is processed by Allbirds in the course of our business, including via Allbirds’ web properties (e.g., Allbirds.com) and through any mobile apps, forums, social media accounts, blogs, retail stores, and other online or offline offerings (together with any and all future online and offline offerings, the “Services”).

2. Information We Collect

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

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

a. Information Provided Directly to Us: When you use the
Services, contact us directly, or engage in certain
activities, such as registering for an account with Allbirds,
placing an order on our website, or signing up to receive
emails about our latest products and services, we may ask you
to provide some or all of the following types of information:
your name, email address, mailing address, phone number,
payment information, such as a credit card number, billing
address, and/or other related information required to complete
the purchase (such payment information, “Financial
Information”).

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

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

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

e. Public Posts: We may offer publicly accessible blogs,
social media pages, product review pages, or similar forums.
Please be aware that when you disclose information about
yourself on any public area of the Services or on any public
sites operated by third parties, such content will be
considered “public” and will not be subject to the privacy
protections provided in this Privacy Policy.

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

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

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

3. How We Use Your Information

By providing personally identifiable information to us, we are able to perform a number of business functions, such as:

a. Provide Products, Services, or Information Requested.
Allbirds may use information about you to fulfill requests for
products, Services or information, including to:

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

a. Administrative Purposes. Allbirds may use personal
information for administrative purposes, including to:

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

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

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

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

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

a. Anonymous and Aggregated Information. Allbirds may use
personal information and other information about you to create
anonymized and aggregated information, such as de-identified
demographic or psychographic information, information about the
computer or device from which you access the Services or other
analyses we create. Anonymized and aggregated information is
used for a variety of functions, including the measurement of
visitors’ interest in and use of various portions or features
of the Services. Anonymized or aggregated information is not
personal information, and we may use such information in a
number of ways, including research, internal analysis,
analytics and any other legally permissible purposes. We may
also share this information with third parties for our or their
purposes in an anonymized or aggregated form that is designed
to prevent anyone from identifying you.

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

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

4. Cookies, Pixels, and Similar Technologies

We (along with third parties that provide content, advertising or other functionality on our Services), may use cookies, pixel tags, local storage and other technologies (“Technologies”) to automatically collect information through the Services. Technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices that allow us to record certain pieces of information whenever you visit or interact with our website, services, applications, messaging and tools, and to recognize you across devices.

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

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

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

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

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

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

5. How We Share Your Information

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

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

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

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

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

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

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

6. Managing Your personal information / Opt-out

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

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

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

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

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

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

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

7. Security & Retention

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

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

8. Children’s Privacy

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

9. California Residents

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

A. WHAT PERSONAL INFORMATION WE COLLECT

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

Category
Examples of personal information in this Category

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

Commercial information
Purchase history

Geolocation data
Internet protocol (IP) address, billing address, shipping
address

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

Financial, medical, or health information
Payment information, such as credit card number

Audio, electronic, visual, thermal, olfactory, or similar information
Recordings of customer support calls

Inferences drawn from any of the above information categories
Inferences about the type of products you prefer; demographic
and psychographic inferences

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

B. HOW WE USE PERSONAL INFORMATION

Please see Section 3 of the Privacy Policy.

C. WHAT PERSONAL INFORMATION WE SHARE

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

D. YOUR RIGHTS

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

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

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

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

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

e. Right to opt-out of certain sharing with third parties. You
may be entitled to direct us to stop disclosing your personal
information to third parties for monetary or other valuable
consideration. What is covered as a “sale” under California law
is not yet clear, but we currently do not “sell” your
information as we understand it.

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

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

10. Additional Topics

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

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

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

11. Updating this Privacy Policy

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

Questions or Concerns

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

Last Updated: 1/4/2020

Welcome to Allbirds, operated by Allbirds, Inc. (“Allbirds”) and located online, at our Allbirds website (e.g., www.allbirds.com or the “Site”), mobile app, and social media platform, and offline (e.g., through customer support channels, our retail locations, and in-person promotional activities) (collectively, the "Platform"). The following terms and conditions (the “Terms”) govern your use.
By accessing, viewing, purchasing or otherwise using the content, material, products, or services available on or through the Platform, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein.

THE ARBITRATION AGREEMENT IN SECTION 11 (DISPUTE RESOLUTION) OF THE TERMS CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. THE ARBITRATION AGREEMENT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

You further certify that you are 13 years of age or older and that you have all the necessary rights, power and authority to enter into these Terms and perform the obligations set forth under these Terms. Please ensure that you read these Terms, including the Privacy Policy, carefully. You understand and agree that your use of the Platform or any content, material, products or services made available on or through the Platform (collectively, the "Services") signifies that you fully accept and agree to these Terms.

1. Registration

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

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

2. Purchases

The Platform allows you to browse, view, choose, and purchase various products or services on the Site and mobile app. By purchasing products or services made available through the Platform, you represent that you have reached the age of majority (which in most states in the United States is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf. You further represent that you are buying products or services from the Platform for your own personal or household use only, and not for resale or export and that all purchases are intended for final delivery to locations within the US.

You may not purchase commercial quantities of our products without our prior written consent, and we may place limits on your purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who violate this policy or any other part of the Terms. Except as may be previously and expressly authorized by us in writing, we also prohibit the offering, use, transfer, or acceptance of our products and gift cards for promotional purposes (e.g., as prizes in contests or sweepstakes) or in connection with any lottery, raffle or wagering scheme. We reserve the right to bar any users we suspect of violating this Section 2 (or any other provision of these Terms) from further use of the Services and to refuse, limit or cancel any related orders and/or suspend or cancel any related accounts. The inclusion of products on the Platform at any time does not guarantee that these products will be available for purchase. For more information about placing special orders, please contact bulkorders@allbirds.com or check out this site.

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

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

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

3. General Restrictions on Use

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

4. Content

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

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

5. Errors, Inaccuracies, and Omissions

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

6. Disclaimers and Warranties

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

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

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

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

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

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

7. Limitation of Liability

IN NO EVENT WILL ALLBIRDS BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL ALLBIRDS’ LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF ALLBIRDS AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).

Without limiting the foregoing, you understand and acknowledge that Allbirds shall not be liable to you for:

-- Any indirect, incidental, special, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Platform, products, or Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or
-- Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Platform, products, or Services; (ii) any changes that Allbirds may make to the Platform, products, or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Platform or the Services; (iv) the use of any products or services obtained on or through the Platform; or (v) any other matter relating to the Platform, Services, Platform Content, or Comments.

The limitations on Allbirds’ liability to you in this Section 7 shall apply whether or not Allbirds has been advised of or should have been aware of the possibility of any such losses arising, and will survive these Terms and your use of the Platform, products, and Services.

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

8. Indemnity

You agree to defend, indemnify and hold harmless Allbirds, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Platform and Services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (vi) the use by any other persons accessing any Platform using your account or account login. This defense and indemnification obligation will survive these Terms and your use of the Platform and Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 8 without the prior written consent of Allbirds.

9. Links To Other Sites

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

10. Complaint Procedures

If you believe that any content or postings on the Site violates your intellectual property or other rights, please notify Allbirds by email at help@allbirds.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

11. Dispute Resolution

YOU AND ALLBIRDS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in San Francisco, California, unless Allbirds elects otherwise. You can begin an arbitration proceeding by sending an email requesting arbitration and describing your claim to legal@allbirds.com.

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Allbirds agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Allbirds hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California. The arbitrator shall not be bound by rulings in prior arbitrations involving different Allbirds users, but is bound by rulings in prior arbitrations involving the same Allbirds user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, at your request, Allbirds will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Allbirds should be submitted by mail to the AAA along with your demand for arbitration and Allbirds will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Allbirds will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Allbirds for all fees associated with the arbitration paid by Allbirds on your behalf that you otherwise would be obligated to pay under the AAA's rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Allbirds account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

12. Miscellaneous

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

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

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

Last Updated: 12/28/2020

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