BIRDZI APPLICATION (branded to CountyMarket Stores)

PRIVACY POLICY & TERMS OF USE – UNITED STATES

Revision Date: July 24, 2013

Last Modified: April 21, 2014

By using this Birdzi Application (collectively, the “Application”) you agree to be bound by this Birdzi Application Privacy Policy and Terms of Use. Certain features of this Application may require you to register for an id with mycountymarket.com or provide personal information that is used by Birdzi, Inc. to create a mycountymarket.com login on your behalf. By completing the registration process you are agreeing to the creation of an id on mycountymarket.com. It is your responsibility to review the terms of use of the mycountymarket.com website.

APPLICATION PRIVACY POLICY

This Application Privacy Policy describes how this Application collects, uses and protects your information.

Data Collection and Use. We may collect and store some or all of the following, for the purpose of providing you a better user experience:

• Device sign-on data (including device Wi-Fi MAC address)

• Location data, if you have chosen to share this

• If you don’t have an existing MyCountyMarket.com account, personal information when you register for a MyCountyMarket.com account

• An encrypted copy of your mycountymarket.com user ID and password

• Your zip code

• Your email address and correspondence sent via the Application

• Information about how you interact with the Application and the applicable Birdzi site(s)

Birdzi and County Market use this information to operate and improve its applications, sites, services, and tools.

Use of your Wi-Fi interface MAC address is solely for the purpose of assisting with location of device in store that have the Birdzi Location System deployed. The Wi-Fi MAC address and the Bluetooth interface enable Birdzi to deliver contextual information and promotional content, and also assist the user with indoor navigation. Turning off the Wi-Fi and Bluetooth interface disables this feature automatically.

This Application contains a Loyalty Card Scanning (LCS) feature. This feature allows users of this Application to scan the bar code contained on their own Loyalty Card in order to provide Birdzi with the Loyalty Account number for registration purposes only. You are not required to use the Loyalty Card scanning feature. If you use the Loyalty Card Scanning feature: (a) you (and not Birdzi) are initiating and conducting the scanning; (b) you authorize Birdzi to collect information you submit to Birdzi using the LCS feature; (c) you consent to Birdzi’s use of the scanned information; and (d) Birdzi may use scanned information to establish or maintain its contractual relationship with you, and to prevent, detect or investigate fraud or otherwise benefit you.

By providing your Loyalty Card information, you are agreeing to receive personalized promotional content that is based on your mobile application usage and past purchases at County Market Stores.

We may use your Personal Information to provide you with

· Coupons

· Promotions

· Products and services you request

· Products and sale items that we think maybe of interest to you and

· Respond to your suggestions and questions

This communication may occur via the mobile app, via email or through your registered account at mycountymarket.com.

You may opt out of receiving emails by clicking on the ‘unsubscribe’ link of the promotional email. It may take up to 30 days for the change in subscription status to take effect. In the mobile app you may turn off notifications by making modifications to the ‘Notification Settings’ for the CountyMarket app.

This Application may utilize social networking or “share functionality” or may contain links to third party sites that are not owned or controlled by Birdzi. Birdzi has no control over, and assumes no responsibility for, any share functionality or the content, privacy policies, or practices of any third party site. You are subject to the policies of those third parties when and where applicable. By using this Application, you expressly relieve Birdzi from any and all liability arising from your use of any share functionality or third-party site accessed from this Application.

Sharing Information. We may share the information we collect with members of the Birdzi corporate family and CountyMarket Stores (a division of Niemann Foods Inc) to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you’ve requested their services. This Application may use third parties to provide parts of our services as well as to provide analytical data about your use of the Application back to us. We may deploy devices such as cookies that enable those third parties to anonymously collect and aggregate usage data and report it back to us. Third parties that we contract with to help provide our services cannot use your personal information for their own purposes without your explicit consent.

User Control. You can access and change user settings or delete your search history from the settings menu on your device. Uninstallation methods vary depending on your device. To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference.

Security. The security of your information is important to us. The information this Application collects may be stored locally on your device and may be transmitted to our servers in the United States and/or European Union. We employ generally accepted industry standards to protect your personal information. The transmission of information over wireless and wired networks is not 100% secure, so we do not guarantee the security of your information.

Updates. We reserve the right to update this Privacy Policy from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any changes, please uninstall and discontinue using this Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.

Contact. For questions about this Application Privacy Policy, please contact us at “Birdzi Legal – Global Privacy Practices” using the appropriate address listed in Contracting Parties below, or you can email us at mobileprivacy@Birdzi.com.

TERMS OF USE

Application Use. Birdzi grants you the right to use this Application only for your personal use. You may not: (a) modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application; (b) rent, lease or otherwise transfer rights to this Application; or (c) use this Application in any manner that could impair any Birdzi site in any way or interfere with any party's use or enjoyment of any Birdzi site. You must use the Application in compliance with all applicable laws. You must comply with applicable third party terms of agreement when using this Application (e.g. your wireless data service agreement). Your right to use this Application will terminate immediately if you violate any provision of these Terms of Use.

Intellectual Property. Birdzi owns, or is the licensee to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter Birdzi's copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.

Disclaimer of Warranties. Birdzi disclaims responsibility for any harm resulting from your use of this Application. The Application and the service(s) accessed by it are provided "as is" and “as available”. Birdzi expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of this Application. Your use of this Application is at your own discretion and risk. You are solely responsible for any damages to your hardware device(s) or loss of data that results from your use of this Application. Bid update and other notification functionality in this Application may not occur in real time. Such functionality is subject to delays beyond Birdzi’s control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.

Limitation of Liability. Birdzi is not liable to you or any user for any use or misuse of this Application. Such limitation: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if Birdzi has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.

Indemnification. You will indemnify and hold harmless Birdzi and its parents, subsidiaries, officers, directors, shareholders, agents and employees, from any claim made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of this Application, any alleged violation of this Application Privacy Policy and Terms of Use, and any alleged violation of any applicable law or regulation. Birdzi reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Changes to this Application or Terms of Use. Birdzi reserves the right to make changes to this Application or Terms of Use from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any change, please uninstall and discontinue using the Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.

Miscellaneous Provisions. The terms of the User Agreement and Privacy Policy at the applicable country site accessed by this Application also apply to your use of this Application.You are responsible for complying with trade regulations and both foreign and domestic laws. You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted parties. This Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user or entity specified by US Export Laws.

Contracting Parties. If you reside in the United States of America, the contracting party is Birdzi Inc., 33 Wood Ave S, Suite 600, Iselin, NJ 08830, USA.

ADDITIONAL TERMS. Additional terms and conditions that apply to you:

1. This is an agreement between you and Birdzi, and not with Apple or Google. Apple and Google are not responsible for this Application and the content thereof.

2. Birdzi grants you the right to use this Application only on an iOS or Android product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

3. Apple or Google have no obligation whatsoever to furnish any maintenance and support services with respect to this Application.

4. Apple or Google are not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.

5. Apple or Google not responsible for addressing any claims by you or any third party relating to this Application or your possession and/or use of this Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

6. In the event of any failure of this Application to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price, if applicable, for this Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application.

7. Apple and Apple’s subsidiaries, Google and Google subsidiaries are third party beneficiaries of this Privacy Policy and Terms of Use, and, upon your acceptance, Apple and Google as third party beneficiaries thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

using this Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.