Privacy Policy

Last updated: January 15th, 2024

IMPORTANT NOTICE: PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

This Privacy Policy describes how and when RailBird Poker LLC (“RailBird,” “we,” “us,” or “our”) collects, uses and shares your personal information when you use our Services.

RailBird is an accounting software that assists users in calculating payouts in social games and other expenses and allows users to create notes about whom they owe and who owes them. Railbird does not offer, participate in, or otherwise facilitate any actual payment processing.

This Privacy Policy constitutes a legally binding agreement made between you and RailBird, concerning your access to and use of our website (https://railbird.poker; the “Site”), our web and mobile applications (collectively referred to as “Apps”), and any related services, sales, marketing, or events (collectively with Site and Apps referred to as “Services”).

1. Overview

In order to use RailBird, we ask that you create an account. When you sign up, we'll ask for some registration information such as your name and email address. We require this information to create an account so that we can contact you about your account, so that other users can more easily identify your in-app activity, and so that you can access your account across multiple platforms.

In addition to sharing your registration information when setting up your account, we collect some other information about you, such as the type of device you use and it's operating system details. We may also collect information about the type of transactions you record, or the leagues you create. We use this information to help improve and secure our service, and to provide a rich user experience.

We do not share your registration or personal information for marketing purposes. We will never share your information with other parties for use other than what’s laid out in this policy without your consent. If you have any questions about this Privacy Policy, please contact us at support@railbird.poker.

2. Data We Collect

When you use RailBird, we may collect the following information about you:

Information you provide to us:

  • Registration information: When you sign up for an account with RailBird, you will be asked for registration information, such as your name, email address, and a password. We require you to provide an email address in order to use RailBird so that we can contact you about your account, and so that you can access your data from any device. Other users will be able to send invites for you to join their League using your name or email address. We require that you provide a name for your account. This is the name other users will see when viewing your activity within a League and participating in games with you. You can make changes to this information at any point from your Account Settings page or by emailing us at support@railbird.poker.

  • User-generated content: We also collect and store the information you provide to us when using our service to record transactions, mark payouts as completed, and communicate with others. This data includes, for example, League names, buy-in and cash-out amounts, payout activity, game notes and comments, in addition to any other information that you attach or share while using RailBird. You may share this information with users you specify in the course of using the Service. For example, if you record a transaction within a League, members of that League will be able to see the transaction type and amount, while users who are not in that League will not. You are solely responsible for which Leagues you share this information with, and therefore, which users.

    • User-generated invitations / Adding users to a League: Invitations to a specifically chosen user or set of users to join Railbird in general, or a specific League, can be sent at your request on your behalf. When you invite a friend or contact to RailBird using these functions, RailBird will collect from you the contact information of the person(s) being invited by asking you to provide a name, email, phone number and/or an internal RailBird identifier. Messages may be sent to these contacts through the chosen communication channel or a link will be provided for you to send the invitation yourself. Your name, the contact name, and the name of the associated League may also be incorporated in invitation messages sent by RailBird, as applicable.

    • User-generated invitations / Adding users to a League: Invitations to a specifically chosen user or set of users to join Railbird in general, or a specific League, can be sent at your request on your behalf. When you invite a friend or contact to RailBird using these functions, RailBird will collect from you the contact information of the person(s) being invited by asking you to provide a name, email, phone number and/or an internal RailBird identifier. Messages may be sent to these contacts through the chosen communication channel or a link will be provided for you to send the invitation yourself. Your name, the contact name, and the name of the associated League may also be incorporated in invitation messages sent by RailBird, as applicable.

    • Public Forums: We may offer bulletin boards, blogs, chat rooms, message boards, or similar public forums where you can communicate with us or other users. Any information that you submit or post to these blogs or other forums could be viewed by other viewers or may otherwise be publically available. For example, new feature suggestions posted in our public suggestion forum are public and can be viewed by anyone. We don’t recommend posting personal information in public forums. If you choose to post personal information, other viewers may use this information to send you unsolicited messages. We are not responsible for the personal information you choose to submit in these blogs and other forums, so please be careful about what you disclose and do not post any information that you expect to keep private. If you would like to request removal of your information from our blogs or other forums, please contact us at support@railbird.poker.

  • The way you use our service: We collect information about how you use and interact with RailBird. Such as the types of transactions you add, the features you use, the actions you take, and the time, frequency and duration of your activities. For example, we log user interaction events for analytical purposes and may use that information to improve our service or determine the inherent usefulness of certain features.

  • Information Shared By Others: Other RailBird users may share information with you or generate content in relation to you using your user profile, and that information will be stored in the course of using RailBird. For instance, if a user within one of your Leagues generates a payout for you or adds you to a game, RailBird may notify you and store that information under your account.

  • Device and Location information: When you download or use RailBird, we may receive information about your device, which allows us to provide increased account security and regulatory compliance. We also collect information about your interaction with RailBird including, but not limited to, your desktop and mobile browser and device types, pages visited, advertisements clicked on, average time spent on our Sites, your IP address, unique identifiers of your device, the operating system version and app version.

  • Payment information: Access to RailBird Services are offered via a paid service managed through Apple's ("Apple Inc.") App Store. If you choose to subscribe to this service, Apple may ask for additional information, including your payment information, such as your credit or debit card number, other card information, and other account and authentication information, as well as billing, and contact details. For security purposes, you may also be asked to provide identification information to confirm your identity, including your first and last name, address, and phone number. All information relevant to providing payment via the App Store is handled solely by Apple and is subject to their terms and services as part of App Store user agreements.

  • Information from other sources: We may use publicly available information about your name, email address, phone number, or other demographic data to help you during support, to address fraud or security concerns, or to personalize your experience, including by providing ads or offers. For instance, if you have a public avatar stored on a service such as Gravatar associated with your email, we may automatically populate your user avatar on RailBird. We may also collect information about you that we may receive from other sources or from our offline interactions with you to, among other things, enable us to verify, update information contained in our records, and to better customize the Service for you.

  • Other information: We may request or receive other information such as feedback, questions, comments, suggestions, or ideas to provide you with other benefits or to improve upon the Service.

3. How We Use Data

WE WILL NOT PROVIDE ANY OF YOUR PERSONAL INFORMATION TO ANY THIRD PARTY EXCEPT AS OUTLINED IN THIS POLICY OR WITH YOUR CONSENT.

We use your information for the following purposes:

To Provide the RailBird Service:

RailBird is designed to help people more easily calculate payouts in social games with friends. We process your information to provide, support, and secure our service (both automatically and manually). For example, we may use your information in some of the following ways:

  • To record informal records of buy-ins, cash-outs, coverage, and payouts.
  • To fulfill your requests for certain products and Services.
  • To help users manage their relationship with you. For example, we may display your email address to other RailBird users and League members so they may identify that they are recording transactions for or calculating and resolving payouts with the correct person.
  • Respond to your inquiries about our Services. For example, if you or a RailBird friend of yours contacts us for support, or as part of a random account audit, we may go into your account in "administrator mode" to help provide support to you or a friend.
  • To detect and protect against errors, fraud, or other criminal activity.
  • To verify your identity in the event you contact us for assistance.
  • To analyze Site usage, perform market research, project planning, product development, troubleshooting problems, analysis of user behavior, internal marketing and promotions, or other efforts to improve our service quality.
  • To alert you to software compatibility issues and to improve our web design and functionality.
  • To communicate with you. For example, we will email you when we release new features, have important news, and when you have a notification generated by activity. All of these emails are optional and can be set by going into your Account Settings. Some emails, such as, updates to our Privacy Policy, information about your account, password resets, or other security issues are not optional.
  • To enforce our Terms of Service

With Third Party Services

We may receive and collect information about you from Third Parties and affiliates that help us provide, support, and secure our services. In general, data shared with RailBird in this manner will be treated under the same privacy restrictions as any other data shared with Railbird.

4. How We Share Your Information

We will not, without your permission, sell, publish, or share your personal information to third parties for their marketing purposes. We will not sell, publish or share the personal information you provided for the purpose of sending user-generated invitations to third parties for their marketing purposes.

We help you track and manage social game payouts with your friends by sharing your information in the following ways:

To Provide the RailBird Service

RailBird is designed to help people more easily calculate payouts in social games with friends. We share some of your personal information (name, email address, user avatar) with other users on RailBird. Someone who knows your email address and / or name will be able to send you an invite to join their League and see your name, email address, and user avatar. They will not be able to see transactions or payout history that you’ve recorded with other users in Leagues you are a part of unless they are also a member of the same League.

  • RailBird allows you to keep track of transactions and payouts within Leagues. These groups are private, and information and transactions posted in a League are only visible to other members of the League. However, any user in that League may add additional members to the group, so it is the joint and sole responsibility of group members to safeguard who they invite into their League or monitor the membership of the Leagues in which they are not listed as an Admin or Owner.
  • RailBird lets users add, edit, and delete content shared privately.

With third parties, affiliates, subsidiaries, and service providers:

We employ third party agents, subsidiaries, affiliates, and/or service providers to enable them to help support and improve our services. For example, maintenance services, database management, cloud hosting, web and mobile analytics. Third parties acting on our behalf that are given access to your personal information are contractually obligated to abide by our privacy practices and are not allowed to use the information for any other purposes. We may share your personal information with other third parties with your consent or instructions to do so.

For legal matters

We reserve the right, in our sole discretion, to share or disclose your personal information with law enforcement, government officials, and other third parties:

  • to respond to subpoenas, court orders, or legal process;
  • in order to investigate, prevent, defend against, or take other action regarding violations of our Terms of Service, illegal activities, suspected fraud, or situations involving potential threats to the legal rights or physical safety of any person or the security of our network, Sites, or Services;
  • to respond to claims that any posting or other content violates the rights of third parties;
  • in an emergency, to protect the health and safety of our Sites' users or the general public; or
  • as otherwise required by any applicable law.

Business Transfer

If our company or our assets are acquired by another company, or in the event of a merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, we may transfer, sell, or assign to third parties, information concerning your relationship with us, including, without limitation, personal information that you provide and other information concerning your relationship with us. Such third parties will assume responsibility for the personal information collected by us in connection with our business operations or through our Sites and such third parties will assume the rights and obligations regarding such information as described in this Privacy Policy and according to applicable regulations.

Non-identifiable information

We may disclose information that does not personally identify you in any other manner that we deem appropriate, including to third parties for their research, marketing, and promotional purposes and to help us determine how we can improve our Sites. We will also disclose non-personal information to our service providers and other third parties about how our users collectively use the Sites.

5. Security

How we protect the information we collect

We take the security of your information seriously. We use technical and administrative security measures such as but not limited to encryption techniques and authentication procedures, among others, to maintain the security of your online session. Please understand, however, that while we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

You can help protect the privacy of your own information by using encryption and other techniques to prevent unauthorized interception of your personal information. You are responsible for the security of your information when using unencrypted, public or otherwise unsecured networks.

We will contact you regarding any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal information to you via email or conspicuous posting on our Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Phishing

Identity theft and the practice currently known as "phishing" are of great concern to RailBird. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website at https://www.ftc.gov.

6. Cookies

How we use cookies and similar technologies:

Like many websites, we use tracking technologies such as cookies to record your preferences, track the use of RailBird and exposure to our online advertisements. We may also use these technologies to monitor traffic, improve Railbird, and make it easier to use and more relevant.

We partner with third party advertising companies who also use these tracking tools to provide advertisements on our Websites or other websites. These third parties may use these technologies to collect information about you when you use our services. They may collect information about your online activities over time and across different websites and other online services. They may also use persistent identifiers to track your Internet usage across other websites in their networks beyond the Websites. They may use this information to provide you with interest-based advertising or other targeted content. While we do not knowingly provide these entities with information that personally identifies you such third parties may, with sufficient data from other sources, be able to personally identify you, unknown to us. To learn more about the third-party collection and use of your information, please visit the Digital Advertising Alliance and/or the Network Advertising Initiative.

Some content or applications on our Sites, including advertisements, are served by unaffiliated third parties. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.

Your browser or device may include “Do Not Track” functionality. RailBird’s information collection and disclosure practices, and the choices that we provide to customers, will continue to operate as described in this Privacy Policy, whether or not a Do Not Track signal is received. To learn more about how Do Not Track works, please visit https://allaboutdnt.com/.

Online Tracking and Interest-Based Advertising

You also have choices to limit some tracking mechanisms that collect information when you use our Services. Many web browsers automatically accept cookies, but you can usually modify your browser’s setting to decline cookies if you prefer. If you choose to decline cookies, certain features of our Services, including the Service itself may not function properly or remain accessible to you. Note that if you choose to remove cookies, you may remove opt-out cookies that affect your advertising preferences.

7. Data Retention and Account Management

Choice and Access to your personal information:

You may access, review, and update the personal information you have submitted to us at any time. You can make changes to your personal information from your Account Settings page. If you need help updating or correcting your information please contact us at support@railbird.poker.

Your choices regarding the data we Collect and Process

In many instances, you have choices about the information you provide and limiting how we use your information. These choices, and any related consequences, are described in detail below:

  • Personal information: You may choose not to provide your personal information, such as your real name, but then you might not be able to take advantage of many of our Sites’ features.

  • Emails, Newsletters, and other communications: We may send periodic Site related alerts, monthly summaries, notifications, newsletters, promotions, or other information via email or push notifications. You may choose whether or not you’d like to receive alerts, summaries, newsletters and promotions by indicating your preference in your account profile or settings. You may also follow the unsubscribe instructions in the email you receive. Please note that certain Services-related messages (such as password resets) that we send are necessary for the proper functioning and use of the Services and you may not have the ability to opt-out of those messages.

Deleting your account:

You may choose to close your account at any time. You can request that we close your account for you by writing to us at support@railbird.poker. When you close your account in this way, we may allow you to reactivate it by writing to us at support@railbird.poker.

Data Retention

In accordance with and as permitted by applicable law and regulations, we will retain your information as long as necessary to serve you, to maintain your account for as long as your account is active, or as otherwise needed to operate our business. We may also retain personal information to comply with law, prevent fraud, resolve disputes, enforce our Terms of Service, and as permitted by applicable law.

If you would like to fully delete your account and the information in it, you can write to us at support@railbird.poker. We will use commercially reasonable efforts to remove your personal information from our services so long as we do not have any legal reason or obligation to retain the record. It may take up to 90 days for your information to be cleared from our servers.

When you change or delete personal information, or leave a League which you have previously recorded transactions, data involving you (either that you have shared or that have been shared with you) and your name may remain visible to people with whom they have been shared as part of their records (just as deleting an email account does not unsend emails that have already been sent).

8. Changes to this Privacy Policy

We may update this Privacy Policy periodically. Changes are effective immediately upon posting. The date last revised appears at the top of this Statement.

9. Contact Us

If you have questions or concerns regarding this Privacy Policy, our security practices, or our information handling practices please contact RailBird in writing:

  • Email: support@railbird.poker
  • Mailing address: RailBird Poker LLC, 21750 Hardy Oak Blvd Ste 104 PMB 655556, San Antonio, TX 78258-4946