├── README.md ├── covid19.md ├── windbirds.asc ├── privacy.md └── terms.md /README.md: -------------------------------------------------------------------------------- 1 | # Wind Birds Policies 2 | This GitHub repository holds [Wind Birds, Lda](https://windbirds.co), guaranteeing a public time reference: 3 | - [terms](https://windbirds.co/terms) 4 | - [privacy policy](https://windbirds.co/privacy) 5 | - related documents 6 | - gpg keys 7 | -------------------------------------------------------------------------------- /covid19.md: -------------------------------------------------------------------------------- 1 | # CoViD-19 Health & Safety Measures 2 | 3 | Due to the SARS-CoV-2 outbreak, we have taken a few more measures to avoid infections during our tours. We attended training and committed to comply with the hygiene, health and safety guidelines of the Portuguese Health Authority (DGS). 4 | 5 | Our staff has completed the entire vaccination cycle for SARS-CoV-2. 6 | 7 | To continue the health and safety protection of our customers and staff, we all need to follow these rules: 8 | 9 | ### You Must Know 10 | 11 | If you have any of the CoViD-19 or flu symptoms listed below, call us and cancel your booking. Do not join the tour: 12 | 13 | + unusual dry cough 14 | + fever 15 | + chills 16 | + shortness of breath 17 | + unusual tiredness 18 | + body and muscle aches 19 | + sore throat 20 | + diarrhoea 21 | + nausea or vomiting 22 | + congestion or runny nose 23 | + conjunctivitis 24 | + headache 25 | + loss of taste or smell 26 | 27 | ### Land Tours 28 | 29 | + While inside vehicles, it is mandatory to wear a face mask which covers your mouth and nose at all times; masks with exhale valve are not accepted. 30 | + Without a face mask, you will not be allowed to join the tour, and there will be no refund. 31 | 32 | ### Sea Trips 33 | 34 | + Only if transfer is request from hotel to port, you will be required to wear a face mask which covers your mouth and nose at all times; masks with exhale valve are not accepted. 35 | + No mask will be required for on the boat. 36 | 37 | ### What We Do 38 | 39 | + Staff is trained to follow the hygiene, health and safety guidelines of the Portuguese Health Authority (DGS). 40 | + The staff gets temperature checks before starting their daily routine. 41 | + The team uses a Medical FFP2 mask or a Professional FFP2 mask. 42 | + No handshaking or any other physical contact between staff and customers 43 | + Whenever the vehicle is stopped, and we are around it, the doors and windows will be open to renovate the air. 44 | + After each tour/sea trip, the vehicles and the boat are cleaned and disinfected and, whenever possible, the vehicles are quarantined for at least 36 hours. 45 | 46 | 47 | 48 | _Updated July 31, 2022 v1.4 https://windbirds.co/covid19_ 49 | -------------------------------------------------------------------------------- /windbirds.asc: -------------------------------------------------------------------------------- 1 | -----BEGIN PGP PUBLIC KEY BLOCK----- 2 | Version: Keybase OpenPGP v0.1.17 3 | Comment: https://keybase.io/crypto 4 | 5 | xsFNBFOB3O4BEACrzcwcIGtVFOxOE5udvuLUHeloSYHPOabeyjcDNJ20PQNWF/OG 6 | 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-------------------------------------------------------------------------------- /privacy.md: -------------------------------------------------------------------------------- 1 | # Privacy Policy 2 | 3 | ### Data Controller and Owner 4 | Wind Birds, Lda 5 | Rua da Pena 10J 6 | 9060-011 Funchal 7 | Portugal 8 | 9 | ### Types of Data collected 10 | 11 | Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies, Usage Data, email address, first name, last name, phone number and country. 12 | 13 | Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection. 14 | The Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application. 15 | 16 | All Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without any consequences on the availability or the functioning of the service. 17 | 18 | Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner. 19 | 20 | Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available. 21 | 22 | Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner. 23 | 24 | ### Mode and place of processing the Data 25 | 26 | ### Methods of Processing 27 | 28 | The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. 29 | 30 | The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time. 31 | 32 | ### Place 33 | 34 | The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. in machines located in the European Union. For further information, please contact the Data Controller. 35 | 36 | ### Conservation Time 37 | 38 | The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data. 39 | 40 | ### The use of the collected Data 41 | 42 | The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Analytics, Contacting the User and Traffic optimization and distribution. 43 | 44 | The Personal Data used for each purpose is outlined in the specific sections of this document. 45 | 46 | ### Additional information about Data collection and processing 47 | 48 | ### Legal action 49 | 50 | The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services. 51 | 52 | The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities. 53 | 54 | ### Additional information about User's Personal Data 55 | 56 | In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request. 57 | 58 | ### System logs and maintenance 59 | 60 | For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose. 61 | 62 | ### Information not contained in this policy 63 | 64 | More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document. 65 | 66 | ### The rights of Users 67 | 68 | Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above. 69 | 70 | ### This Application does not support “Do Not Track” requests. 71 | 72 | To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies. 73 | 74 | ### Changes to this privacy policy 75 | 76 | The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Data Controller remove the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users. 77 | 78 | ### Definitions and legal references 79 | 80 | ### Personal Data (or Data) 81 | 82 | Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number. 83 | 84 | ### Usage Data 85 | 86 | Information collected automatically from this Application (or third-party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment. 87 | 88 | ### User 89 | 90 | The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers. 91 | 92 | ### Data Subject 93 | 94 | The legal or natural person to whom the Personal Data refers. 95 | 96 | ### Data Processor (or Data Supervisor) 97 | 98 | The natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy. 99 | 100 | ### Data Controller (or Owner) 101 | The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application. 102 | 103 | ### This Application 104 | 105 | The hardware or software tool by which the Personal Data of the User is collected. 106 | 107 | ### Cookies 108 | Small piece of data stored in the User's device. 109 | 110 | ### Legal information 111 | 112 | Notice to Users in the European Union, California, Colorado, and Virginia: This privacy statement has been prepared to comply with the following data protection and privacy regulations: 113 | 114 | * European Union's General Data Protection Regulation (GDPR), which replaced Directive 95/46/EC and updated the provisions of Directive 2002/58/EC, as amended by Directive 2009/136/EC. 115 | * California Consumer Privacy Act (CCPA) for users in California, United States. 116 | * Colorado Privacy Act (CPA) for users in Colorado, United States. 117 | * Virginia Consumer Data Protection Act (VCDPA) for users in Virginia, United States. 118 | 119 | This statement addresses the collection, usage, storage, and disclosure of personal information, as well as the rights of users concerning their data under these respective laws and regulations. 120 | 121 | This privacy policy exclusively regards applications related to Wind Birds, Lda, that are redirected to this Privacy Policy. 122 | 123 | _Updated March 18, 2023 v3.2 https://windbirds.co/privacy_ 124 | -------------------------------------------------------------------------------- /terms.md: -------------------------------------------------------------------------------- 1 | # Terms of Service 2 | 3 | There is no small print on this page. The booking conditions and general information set out below are designed to outline our obligations to you and your commitments to us as clearly as possible. Please read them carefully before booking. We want you to have an enjoyable Wind Birds tour/trip, and the avoidance of any misunderstanding is to our mutual advantage. You should be prepared to cope with unusual situations, local inadequacies and unpredictable events as and when they occur. 4 | 5 | #### Definite Bookings 6 | 7 | Reservations for tours require a variable deposit per person per tour, paid by credit or debit card (VISA, MasterCard, American Express) on a secure link that we e-mail to you. After receiving the deposit, we will give you our final confirmation and details of the tour. If no deposit has was paid, there is not a legal collateral, therefore Wind Birds, Lda cannot be accountable for possible bookings. A simple communication (e.g. email, phone, fax) without a paid deposit does not constitute any guarantee of service. The person that is signing the online booking form warrants that he/she has the authority to make the booking on behalf of all other persons included on the booking form. (On-line booking forms are deemed to have been signed by the persons submitting them.) 8 | 9 | In individual cases, some tours will demand different payment plans, this information will be passed to the client before payment. 10 | 11 | #### Price, Taxes and Fees 12 | 13 | All transactions are in Euros, Portugal's legal tender. All shown prices include all Portuguese taxes, Government fees, except where noted. Wind Birds, Lda operates and supplies in Madeira Islands. Therefore it pays all taxes to Madeira Regional Government. No tours/trips are exempt of VAT, although this tax value is included in the prices shown. 14 | 15 | Invoices are processed no later than five days after the service or the payment, whichever comes first. Details of lead traveller are filled as purchasing entity and cannot be changed after the invoice is issued. Therefore, if you desire an invoice with a different purchasing entity you need to request it in advance (e.g. time of booking). 16 | 17 | #### Booking Cancellation 18 | 19 | If you need to cancel your tour, please let us know as soon as possible by email or phone call. Our cancellation fees are based on the time before your tour starts: 20 | 21 | * More than 72 hours: No charges 22 | * 72 to 24 hours: You lose your deposit 23 | * Within 24 hours: You are charged the full tour price 24 | 25 | Exceptions: For Deep Sea Pelagic tours like Zino's Petrel Sea Expedition, bookings are final and cannot be refunded. However, you can change the name of the booking holder. 26 | 27 | #### Bookings Date Change 28 | 29 | If you'd like to switch your tour to a different day, it counts as canceling and rebooking. So, keep in mind that cancellation fees might apply. 30 | 31 | #### Trip or Tour Cancellation 32 | 33 | If hazardous weather conditions occur, we can try to reschedule your tour to the nearest date possible, though not changing other tours previously booked to other clients. If the tour does not happen, we will refund you on 100%. In the case of this type cancellation, all deposits and other payments for the tour or tour extension will be reimbursed. 34 | 35 | We may have to cancel your tour in the event of unusual or unforeseen circumstances outside our control (i.e. casus fortuitus). For example technical problems with the boat or van, government action, war or threat of war, civil strife, terrorist activity, riot, natural or human-made disaster, disease outbreak, or severe weather conditions. If we have to cancel a tour/trip due to circumstances beyond our control, we shall refund to you. 36 | 37 | #### Trip or Tour Status 38 | 39 | Full and transparent communication is the best way to trust in business. All tour status is broadcast via [twitter.com/windbirds](https://twitter.com/windbirds). As an extra, we will contact via one of the following means and in this order: short message (i.e. SMS) to the mobile phone on file or hotel reception message (i.e. fax or phone call) or by the email supplied during the booking process. 40 | 41 | We advise you that before the tour you check our status website, in the case of apparent bad weather we recommend that you call us +351 917777441 to check to status. 42 | 43 | #### Refund & Procedure 44 | 45 | All money can only be refunded via the same initial method of payment (e.g. paid by credit card returned to the same credit card). In circumstances that the service is paid by money, you are required to acknowledge the acceptance of the refund in writing. This rule is enforced due to the risk of money laundering schemes and online phishing techniques. 46 | 47 | Refund processing times can take up to 30 days plus the times off the settlement agents (e.g. banks, travel agents). If the services were booked directly, please contact us to check the status of the refund. 48 | 49 | Due to Government fees required for certain outdoor activities, some of these values might not be fully refundable to you, since the Government is not refunding them to us. We will provide proper documentation in these unfortunate circumstances. 50 | 51 | On a refund, initiated by a client cancellation, if there are processing fees to return the money, these will be deducted from the refund value. 52 | 53 | #### Safety & Insurance 54 | 55 | You must inform us of any medical problems or related dietary restrictions on the reservation. Our staff must have this knowledge in the case of any arising issues. 56 | 57 | Our prices include a personal accident and civil liability insurance, provided by a legally registered insurer in "Autoridade de Supervisão de Seguros e Fundos de Pensões", with the following coverage: 58 | - Civil liability: land 50 000 €; sea 200 000 €; 59 | - Death or permanent disability: land 35 000 €; sea 20 000 €; 60 | - Hospitality expenses and repatriation: 3 500 €. 61 | 62 | If you desire higher coverages or different, you should contract a travel insurance. 63 | 64 | Birdwatchers often carry a lot of expensive optical and photographic equipment. Our trip insurance does not provide sufficient coverage. So, if you are not already covered under your household policy, we recommend you take out specialist insurance cover for your equipment. 65 | 66 | #### Species Observation 67 | 68 | Birds, Mammals and Flora: The species mentioned in the trip itineraries are meant as a guidance to what you might see. You should not expect to see everything mentioned, although you should see a good proportion if you participate fully in the tour and have good eyesight. We can only guarantee you that we will assist you to the best of our knowledge and capabilities. 69 | 70 | #### Restrictions on Participants 71 | 72 | Restrictions on participants are a matter of common sense, and we have no absolute ones. If you have a health problem or any physical limitation which may hamper or restrict your full involvement in any aspect of the tour, or about which we should be aware of your safety (e.g. walking difficulties, diabetes, asthma, angina, dementia, etc.), please advise us previously to the tour or trip. We may provide any information that you or your doctor may need to judge your capacity to participate fully in the tour. 73 | 74 | Swimming with wild animals (i.e. whales and dolphins) requires the capability to swim in the ocean without external assistance, good sea conditions and the animals cannot be stressed. Staff may at last minute cancel swimming activity for security reasons. 75 | 76 | Please note that we do not allow the collecting of plants or animals during any tour. 77 | 78 | #### Refusal of Unaccompanied Minors 79 | 80 | Wind Birds does not accept bookings for Unaccompanied Minors (0 to 15 years old). All minors must be accompanied by their adult friends or family, people that the minor trusts and assumes responsibility for their actions. 81 | Minors that are 16 to 17 year old, parents or legal guardians can sign a waiver form taking responsibility for the minor action, though we recommend that know adults are present. 82 | 83 | #### Use of Safety Equipment 84 | 85 | Marine Lifejackets use is mandatory in Rigid Inflatable Boats, though in the swimming with dolphins trips you are allowed to remove the lifejacket before the swim. 86 | 87 | The use of seat belts in cars is mandatory by Law and must be used at all times, and they can only be unfastened until the vehicle is safely parked. 88 | 89 | Opening car doors before a complete stop are also illegal. 90 | 91 | Declining to use the safety equipment properly removes us from any liability compensation in case of an accident. 92 | 93 | #### Discharge of Pressurized Air into the Lifejackets. 94 | 95 | To offer better comfort to our client, we use pressurised air lifejackets in our sea operation. The discharge of the pressurised air lifejackets in situations that are not emergencies (e.g. negligence, accidental, kids play, fun) incurs a fee of €30 per life jacket to cover service and inspection costs. 96 | 97 | #### Movement of Goods 98 | 99 | No products are allowed to be transported without written consent and in compliance with Portuguese Law. By these, we mean that all that comes to the vans and boats at start point can only leave at the finish point. (e.g. Not leaving anything in Desertas Islands, not bringing anything from Desertas Islands). In other words no smuggling. 100 | 101 | #### Forbidden Consumption 102 | 103 | It is strictly prohibited to consume alcohol and tobacco inside the vans and rigid inflatable boats, even in International Waters. This includes substances and drinks that are forbidden under Portuguese Law. 104 | 105 | #### CCTV 106 | 107 | Closed-circuit television is use on particular land and sea trips. The filmed material can be utilised for Law enforcement or Wind Birds video broadcasts. Video rights remain of Wind Birds. 108 | 109 | #### Economic Espionage & Wildlife Risk 110 | 111 | We take our business and the protection of wildlife seriously. Therefore, if we come across industrial espionage (e.g. doing a tour to later operate against us), we will take the proper legal action and report it to the criminal police. In case of present or future wildlife risk (e.g. doing a tour to obtain the location of eggs for later stealing them), we will take the proper legal action and report to the criminal police. Both acts under Portuguese Law are serious crimes, and you may face imprisonment until presented in Court. There will be no refunds in these circumstances. 112 | 113 | #### Anti-Corruption 114 | 115 | Our company strictly prohibits the acceptance of any form of bribe, kickback, payment, gift, or other valuable consideration by customers or potential customers from any of our employees or agents in connection with our business. However, we acknowledge that reasonable gifts and entertainment provided in the ordinary course of business are exempt from this prohibition, such as souvenirs, merchandise, and digital services. 116 | 117 | It should be noted that this policy extends to public officials, politicians, and members of the finance sector, among others. Consequently, we are unable to provide our services for free or at a reduced rate to these individuals. 118 | 119 | In sum, we take a strong stance against any form of corruption and expect all parties to comply with our anti-corruption policy. 120 | 121 | #### Political Campaign Activities 122 | 123 | Our services and media content are strictly prohibited for use by politicians engaging in political campaign activities or political gain. We do not provide such services to politicians for political purposes. It is our firm commitment to maintain an apolitical environment for our services in the public sector, and we shall continue to uphold this principle. 124 | 125 | #### Non-discriminatory Pricing 126 | 127 | Wind Birds guarantees non-discriminatory pricing and services, ensuring equal pricing to all clients regardless of their origin, residence, or gender. Discriminatory practices are prohibited by law, and any such practices observed should be reported to the relevant authorities or EU SOLVIT. 128 | 129 | However, it is important to note that Wind Birds may offer discounts on certain services based on the selling channel or the age of the client (in the case of minors). 130 | 131 | #### PCI SSC Data Security Standards Compliance 132 | 133 | To provide a real-time payment and booking system, Wind Birds, Lda complies with PCI-SSC DSS. Therefore we do not store financial records and payment card data. All this information is transmitted between the client browser and our bank. For our record, we keep the transaction authorisation hash code, amounts charged and timestamp. 134 | 135 | The stored data still allows us to recharge the client's credit/debit card in the event of failure to provide payment at the required times. 136 | 137 | This compliance guarantees that we are not a client financial data breach point. 138 | 139 | #### Lost Property 140 | 141 | In the unfortunate event of lost property, Wind Birds will contact clients of the specific tour. Returning lost property generates costs, and the client is responsible for these costs. 142 | 143 | #### Digital Certificates & Timestamping 144 | 145 | The website [windbirds.co](https://windbirds.co/) with a valid SSL Certificate holds legal documents for Wind Birds, Lda and guarantees secure communication between clients and us. 146 | 147 | Under Portuguese Law and EU regulations, documents electronically signed by our management with "Cartao de Cidadão" (Portuguese Citizen iD Card) have legal value. A copy of such document is stored on windbirds.co and is accessible via QR Code imprinted on the document. Note that these documents, to be valid, require a digital sign by a Timestamping Authority and a SCAP (Sistema de Certificação de Atributos Profissionais) authentication. 148 | 149 | #### External Observer/Researcher/Law Enforcement Agent Charge 150 | 151 | A person that is not our staff or a client for recreation purpose, which travels on our boats and vans for an external professional reason (e.g. research funded by EU, Law enforcement in mission.), that records by any form, any information related to vessel/vehicle, geolocation, audio, video and other forms of media, as well species, technical and other data is demanded to pay two hundred and fifty euros per hour. Moreover, in slots of an hour (i.e. for a trip of 2h10 minutes shall pay 3-hour slots, that is €750). Such travels have to be authorised by Wind Birds, Lda management and fully paid 48 hours in advance. That person is required to contract an independent personal accident insurance, as Wind Birds, Lda insurances do not cover non-leisure activities. 152 | 153 | #### Mobile Alerts 154 | 155 | Wind Birds, Lda provides mobile alert service, these guarantees that subscribed clients receive up to date information on tour and hazard status. The service is provided to all clients that have validated their mobile phone number. Service might fail if the client has not subscribed properly to roaming mobile service with its mobile operator. 156 | 157 | #### Social Media 158 | 159 | During all services Wind Birds, Lda records and broadcast media. Such media appears on several social media platforms, our clients do as well share their media online, therefore there is the possibility that others outside our service recognise you. 160 | 161 | #### Short Communications and Scientific Publications 162 | 163 | In the event of significant findings for the scientific community within our tours/trips, all short communications and scientific publications have to be approved by Wind Birds, Lda management. All information will be deemed confidential until proper publication. 164 | 165 | #### Freira.org 166 | 167 | Freira Conservation Project manages the content of freira.org. Wind Birds, Lda supports financially for the operation of this website, Catarina Fagundes and Hugo Romano contributes with content. 168 | 169 | #### MadeiraBirds.com AvesdaMadeira.com MadeiraWhales.com 170 | 171 | These three wildlife information platforms are provided free of charge to all internet users and are edited by Catarina Correia-Fagundes and Hugo Romano. Birdwatchers may contribute with reports and data. Wind Birds, Lda will watermark materials provided with the copyright owner name. The platforms try to provide accurate information, but in some cases, mistakes can occur. It all provided on "As Is Basis". 172 | 173 | _Valid from March 18, 2023 v3.6.1_ 174 | --------------------------------------------------------------------------------