Privacy Policy Prospects

Effective: 27/8/2023, Last Updated: January 30, 2024

Introduction

This Privacy Policy (“Privacy Policy”) applies to the usage of Services provided by Woodpecker.co S.A. (hereinafter also referred to as “we” or “Company”).

This Privacy Policy, along with the Terms of Service and Data Processing Addendum, constitutes the “Agreement” between you as a Customer and the Company. Privacy Policy applies and has effect in respect of Woodpecker Prospects Service made available by Company, as well as any other online features and website related to this Service “Service”.

We are committed to protecting and respecting your privacy and data (including personal data). The Privacy Policy explains the basis on which personal information we collect from you will be processed by us or by third parties. Where we decide the purpose or means for which personal data you supply through the Services is processed, we are the “data controller”. Where you decide the purpose or means for which personal data you supply through the Services is processed, you are the “data controller”. We will comply with proper and applicable data protection laws, including the GDPR as defined below.

Scope of Privacy Policy

We encourage you to read this Privacy Policy carefully as it contains important information about the following:

What information collect and process about you, your Users, your customers;
What are legal grounds to process your personal data (personal data you provide us with);
What obligations must be fulfilled on our and on your side regarding personal data processing due to performing the Agreement;
How and what for we use the information (including personal data) you provide us with;
Whether we will disclose your details to anyone else, when and on what terms;
For how long we use the personal data you provide us with;
Your rights regarding the personal data you provided us with.

The Services may contain links to services owned and operated by third parties. We may also use some third-parties software or products to provide you with the Service properly. If we do so and provide third -parties of any personal data you can be sure the transfer is legal and secured. These third-party services may have their own privacy policies and we recommend that you review them. They will govern the use of personal data that you submit or which is collected by cookies and other tracking technologies whilst using these services. We do not accept any responsibility or liability for the privacy practices of such third party services and your use of these is at your own risk.

We may make changes to this Privacy Policy in the future. You should check this page from time to time to ensure you are aware of any changes. Where appropriate we may notify you of such changes.

Definitions

All capitalized terms not otherwise defined in this Privacy Policy will have the meaning given to them in the Terms of Service or the DPA.

EEA – European Economic Area;
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;
Personal Data – personal data within the meaning of the GDPR.
Service – services developed, supplied and maintained by the Company to the Customer and/or User under the Agreement available via at https://app.usewoodpecker.com/ and provided in a form of a web application and accessible online.
SCC – Standard Contractual Clauses for the Transfer of Personal Data from EEA to Third Countries approved by the European Commission Decision of 4 June 2021;
Sub-processor – any person or entity appointed by or on behalf of the processor to conduct actions on personal data processing.

Information we collect about you

We collect and process the following information which may include your personal data.

Name, last name, email address, phone number, contact details, device’s ID, user preferences as well as all the data (including personal data) you supply to us and information provided by you when using the Service or website. The above information referees to you, any of your User and to any personal data you provide us with.

Are we a data controller or data processor when processing personal data

We process all personal data you supplied us with such as by signing up to the Service, provided while using the Service or while otherwise contacting the Company via available contact forms, email or any other communication means. While using the Service you can provide us with your personal data but you can as well provide us with the personal data of third parties such as your Users, your customers or other data subject. When providing us with your data we act as the data controller of such data (the data you use to create an Account within the Service).

Referring to personal data of third parties we act as a data controller and by entering into this Agreement you warrant that you have the right and legal basis for such data processing including transfer.

Why we collect personal data – purpose of processing

The Company processes personal data to maintain Services, ensure safe and guaranteed Services performance for Customers and upgrade and improve functionality of its Services. We process personal data for delivering and upgrading our Services to you under the terms agreed between us. By delivering and upgrading our Service we mean maintaining current functionality and adding new functionalities to the Service, diagnosing, monitoring and fixing bugs and functionalities, providing any assistance that You require to use the Services. The processing of personal data is necessary to provide and maintain the Service properly and to ensure the features function properly so that you have the best Service possible. The Agreement is the legal basis of such processing.

Your personal data shall be also processed for marketing purposes. It happens when you subscribe to the newsletter, the whitelist or otherwise use our marketing services. The legitimate interest is the basis of processing of your personal data in this case. It means you can opt-out from receiving this type of communication.

After uploading the data into the Service and receiving the Result we offer you the free storage of the data you provided us (including personal data) unless you decide not to. We maintain your account free of charge to make sure you delete the data only purposely and You will not suffer from inconsistencies of your sales process performed with the use of Services. You can always contact us to decide about your personal data processing.

Data transfer to Sub-processors

Personal data you provide us with can only be disclosed or otherwise transmitted if this is necessary to deliver and upgrade the Service or you have given us your prior consent.

Personal data may be transferred to Sub-processors within and outside of the EEA. Each data transfer will be duly secured. If the transfer takes place within the EEA or to countries recognized by the Commission as providing an adequate level of data protection, the relevant provisions of the GDPR shall apply and except security measures we enter into data processing agreements with which sub-processors. To the extent that your use of the Services requires a transfer of personal data outside the EEA or United Kingdom, and to the extent that personal data are transferred to a country that is not recognized as providing an adequate level of protection, such transfer shall be secured by additional safeguards such as SCC in applicable shape.

The full list of Sub-processors that may have access to the personal data you provided us with is here.

Data disclosure

We will disclose your information (including personal data) with third parties only in the ways that are described in this Privacy Policy.

Personnel, suppliers or subcontractors. We may disclose your personal data to our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Privacy Policy. However, this is on the basis that they do not make independent use of the information, and have agreed to safeguard it and not disclose it to third parties without the legal basis for such disclosure – if applicable.

Law enforcement. In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights.

Data retention

Personal data shall be kept in a form which permits identification of data subjects if necessary, for no longer than you allow us to. We store data in line with our retention policy. After uploading the data into the Service and receiving the Result we will maintain your account and keep your Results available for you as long as you instruct us not to do so.

Cookies and similar technologies

We use cookies to make the use of our Service and website easier for you. Cookies are used to store information including User’s and visitors’ preferences, and the pages on the website that the visitor accessed or visited. Information is used to optimize the Users’ and website visitors’ experience by customizing the Service and the website content based on visitors’ browser type and/or other information. Some cookies may be opt-out but lack of cookies acceptance may lead to a limitation of Service or website functionality.

Log files

During every access of our website user data is transmitted by the respective Internet browser and stored in protocol files, the so-called server log files. The datasets stored here may contain such data as date and time of access, website, IP address, referrer URL (original URL from which you arrived at the website), the amount of data transmitted, product and version information of the browser used.

Geo-location data
In case geo-location is opt-in by you, please be aware we may have access to your geo-location data as we collect and process IP addresses of all devices using our Services. Collecting and processing your geo-location data refers to mobile devices as well as computers.

Children personal data

We do not collect personal information from anyone under the age of 18. If you notice we collect and process personal data of anyone under this age, please contact us. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide personal information through the websites or Services.

Liability

We use standardized security measures to protect our infrastructure, website and other systems against the loss, destruction, or unauthorized access.
The Company shall not be liable to the Customer or to any other person, for any losses, liabilities, damages, costs or expenses arising out of any error in data or other information provided by any of them.

Except for actions or claims arising from the gross negligence or intentional or willful misconduct of Company’s total aggregate liability to the Customer shall be limited to the compensation fees in an amount not higher than the fees paid by the client to the company in the last year.

Your rights

You have the following rights over the way your personal data are processed by the Company.

You have the right to request a copy of the personal information we process about you and to have any inaccuracies corrected.
You can ask for supplying, correcting or deleting personal data.
You can ask us to restrict, stop processing, or to delete your personal data.
You can withdraw your consent for data processing.
Obtain a copy of your personal data, which you can use with another service provider
Make a complaint to a Supervisory Authority.
If you wish to make a request, please contact us by sending an email to [email protected]

Changes to this privacy policy

This Privacy Policy may be updated from time to time. We encourage you to review this website for the latest information on our privacy practices. If there are any material changes to this Privacy Policy, you will be notified by posting a notice on the website prior to the change becoming effective. If you do not accept any changes made to this Privacy Policy, please discontinue the use of the website and the Services.

If you have any questions or comments about this Privacy Policy, please contact us at [email protected]