|Effective: January 1, 2015 Last Updated: June 9, 2021|
All capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service.
2. Information collected by Woodpecker
a. Woodpecker may collect two types of data:
- Personal Data (for example name, last name, email address, contact details),
- Non-personal information (such as browser type, the web page visited before or after You came to Our Website, information You search for on the Website and interactions with the Service).
b. If You wish to remain anonymous during our Website or Blog access, use Incognito mode in Your browser.
c. You may be asked to enter Your email address on the Website in order to download materials, to ask a question about the Service using an online chat installed on the Website. Please be aware that in such case the external company providing such software may have access to Your Personal Data inserted into such software.
d. You may be asked to enter Your email address on the Blog in order to download materials and subscribe to a blog newsletter sent weekly, or an email course list. Each correspondence concerning blog posts, tutorials that You receive from Us contains an “unsubscribe” link that allows You to withdraw Your consent for Personal Data processing for that purpose.
e. You may be asked to share your email address or other personal data to activate your access to our Academy.
f. When starting a Trial Subscription to our Service, You will be asked to enter your: first name, company name, and email address.
g.When subscribing to the Premium Subscription, You will be asked to provide the first name, last name, email address, company information (name, address/headquarters, registration numbers) and appropriate payment information.
h. When using the Service, both during the Trial Subscription as well as during the Premium Subscription, We will process data (including Personal Data) You provide Us with, such data as Your Prospects’ data including Personal Data, Your Personal Data, information concerning your API connection, credentials concerning Your email account connection to Woodpecker’s Service (including OAuth tokens).
The Prospects’ Personal Data We process typically includes name, last name and email addresses but We will process any other data, including Personal Data, You or your Prospects upload to the Service.
As a Data Controller of your Prospects’ Personal Data, you are fully responsible for the data (including Personal Data) You provide Us with. You also warrant that you provide Us with only the Personal Data that is legally acquired and processed by You with a legal basis as well as in line with the applicable law.
We are aware of the importance of data safety that is why We will not use Personal Data for purposes other than providing the Service. We shall not share Prospects’ Personal Data with any third party except Our approved Sub-processors or contractors who have a need to have access to such Personal Data in order to provide and maintain the Service. Access to those Personal Data will be enabled only if necessary for maintenance or support purposes.
3. Why Woodpecker collects information about you (Purpose of Personal Data processing)?
a.Woodpecker collects data (including Personal Data) to provide and maintain the Service, run the Website, personalize Your experience with the Service, Website, Blog, Academy and promotional materials the Company distributes over a plurality of channels including social media platforms and Google AdWords. Some of the collected information helps us more efficiently respond to Customers’, Users’, website visitors’ or Academy users’ needs.
b. Processing Your Personal Data is necessary to set up an Account, process payment transactions and maintain Service.
c. Your data (including Personal Data) will not be sold, exchanged, transferred, or given to any other company for any reason, without Your previous consent. Please note that by accepting the Agreement you give Us consent for transferring your data to our authorized sub-processors. Such data shall be transferred and processed only for providing and maintaining the Service.
d. In the event of breaching the Agreement (such as sending SPAM or other prohibited content defined in the Terms of Service via the Service), we can reach the wrongdoer more efficiently. Additionally, Woodpecker reserves the right to suspend or cancel the Account that breached the Agreement without notification to the Customer and/or User. Other legal steps can be taken in case of breaching the Agreement.
e. Liability. In the event of breaching the Agreement Woodpecker shall demand the cessation of the breach of the Agreement and compensation for the damage caused by the breach of the Agreement to both Woodpecker and any third party who suffered from breaching the Agreement. Woodpecker can also bring an action to enjoin any such breach, as it would suffer irreparable harm in the event of such breach. Woodpecker shall have all remedies available at law or in equity. The party or individual that breached the agreement is obliged to remedy any material and immaterial damage resulting from the breach of the Agreement, both to Woodpecker and the third party that suffered as a consequence of the breach of the Agreement.
f. Indemnification. In the event of non-compliance with any of the provisions of the Agreement You, your personnel, affiliates shall defend, indemnify, and hold harmless Woodpecker and its directors, officers and personnel from and against any third-party claims, actions, applications, demands, complaints, damages, or liabilities (including reasonable legal fees and disbursements) arising from such non-compliance.
4. What does Woodpecker do with the collected information (including Personal Data)?
a. The information (including Personal Data) helps us provide as well as constantly improve and maintain the Website, the Blog and the Service for present and future visitors, Customers and Users.
b. It enables us to improve our customer service, as Your feedback and collected information about your activity in the Service and the Website helps us respond to Your requests faster and support Your needs.
c. Sending You periodic email updates (usually once a month) allows us to keep You updated once we release new functionality. The email address you provide us with will be used to send You onboarding information and Service’s updates. If at any time you would like to unsubscribe from receiving future emails with Service updates, we include an“unsubscribe from this list” link at the bottom of every message. We will send You communication and updates concerning Service delivery and maintenance whenever it is necessary.
d. Processing of information provided by You (including Personal Data) is necessary to deliver the Service and maintain its functionality (for example, email account connection to send messages from the Service, Prospect database management available through the Service).
5. When and what kind of information (including Personal Data) can be accessed by Woodpecker?
a. We can access two types of information: Personal Data (your name, last name, email address and other contact details, Users Personal Data, company information, Personal Data of Your Prospects or other Personal Data You or Your Prospects insert into the Service) and general numerical information from your Account (average reply rates, open rates, the overall number of sent messages, the average number of messages per campaign, the average number of words in messages, etc.).
b. We process Your Personal Data for accounting/billing purposes (such as invoicing), updates and notifications we may make to You in case of breaking the Agreement such as sending SPAM messages, prohibited content, or using inappropriate language (curse words, insulting, etc.).
c. We may process your general numerical information from your Account for statistical purposes as well as for more efficient customer support (average reply rates, open rates, the overall number of sent messages, the average number of messages per campaign, the average number of words in messages, etc.). We will only use this numerical information in order to: track the general progress of efficiency of our Service, diagnose potential problems with Your email campaigns (low deliverability, low open rates, high bounce rates) and help You solve them as quickly as possible.
d. Our Customer Support, Customer Success and Technical teams may access your Woodpecker Account upon your request in order to answer specific questions related to the Service or solving some problems You and/or Users have reported, which have been reported to us automatically by our system or during maintenance check-ups necessary to provide the system’s fluency.
e. Our Customer Support, Customer Success and Technical teams may access your Woodpecker Account in order to perform maintenance actions necessary to ensure Service availability.
f. By connecting Your email account to Woodpecker’s Service You agree that we can access the minimum necessary information to fulfill the following elements needed to ensure Service functionality, namely:
- to connect Your email account via SMTP and IMAP, API connection or native integration. This step may be fulfilled either by automated, native, integration (eg. Google, Outlook) or manually by our configuration panel (option Other),
- to use Your email address as the email campaign “sent from”,
- to display correctly your name and last name in the Service,
- to collect replies from Your Prospects and display them in the Service’s inbox,
- to effectively remove, forward or reply to messages from Service’s inbox.
Furthermore, Woodpecker declares that it shall comply with all compliance policies and integration requirements posted by email providers which accounts shall be connected with Woodpecker’s Service, to the extent allowed by governing laws and regulations.
g. Across our Website available via woodpecker.co domain we use links to external sources like Facebook, Twitter, Capterra, LinkedIn and other social media platforms. By clicking these links You will be redirected to the webpage of said platforms which may cause our cookies browser data to be transferred to those third-party tools. We have no access to such processing conducted by third-parties and by clicking those links You accept such transfer.
h. We may ask you for a case study review with you. By case study, we mean an interview that may be shared on our Website in the form of a testimonial. Publishing may happen only after your prior consent expressed via email or other written form. You may always opt-out from such Data Processing and testimonial collection.
6. Can you change/update your personal data?
Every Data Subject has the right to access its Personal Data, its rectification, deletion, limitation of processing, transferring, demanding for temporary or permanent suspension of their processing. By accepting this Agreement You also agree on Your Personal Data (including Your Users’, Prospects’ Personal Data and other Personal Data inserted into the Service) transfer to other entities whose services we used while providing the Service and running the Website, including data transfer to third countries (outside the EU and EEA). Such change is available either by directly entering it to the adequate fields in the Service or via change implemented by us directly on your Account in case of credentials with no availability to edit directly from the Service. If You wish to correct data not available via Service application interface please let us know via [email protected]
7. How Service Users and/or Customers can remove their personal data from Woodpecker?
Customer and/or User can change their first name, last name, company name, email address, password, time zone or any other data accessible from the Service’s interface at any time after logging in to the Account.
You can partially delete and modify Your data (including Personal Data) in the Service. If You wish to have Personal Data removed please contact us at [email protected]
8. How can email list subscribers (i.e. newsletter) change or remove their Personal Data from Woodpecker?
As a Woodpecker email list subscriber, you will get email messages sent by MailChimp. You can change your Personal Data on the subscribers’ list by clicking the “update subscription preferences” link in any message we sent you.
You can also unsubscribe from any list by clicking the “unsubscribe from this list” link at the bottom of any message. Such a request to get unsubscribed from a list will be applied to this specific list only. If as a subscriber you wish to be removed from all the lists at once, please reply to any of the messages and write that you wish to be removed from all Woodpecker’s emailing lists.
9. Do we disclose any information (including Personal Data) to third parties?
We do not sell, trade, or otherwise transfer to third parties your Personal Data. This does not include trusted third parties (sub-processors) who assist us in operating our Website and Service, as long as those third parties are obliged to process such Personal Data in the same way we are obliged to process it. You will find the list of those companies along with the details of what data they process, and the processing purpose, in the section below.
We may also disclose your Personal Data when such disclosure is necessary to comply with the law, our internal policies, or to protect our or others’ rights or safety, as well as in the event of breaching the Agreement (among others sending spam and prohibited content).
Woodpecker may also transfer your Personal Data to institutions legally authorized to request and receive Personal Data on the basis of relevant legal provisions, in particular courts, police, prosecutor’s office, etc.
Non-personal information (such as the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before or after You came to our website, the information you search for on our website, and interactions with the Service) may be used by us for marketing, advertising, statistic purposes and to track the general progress of efficiency of our Service.
10. How do we protect your information?
You can find more information in Safety & Security.
11. GDPR compliance
We are compliant with the GDPR (Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 (the GDPR),). We have appointed the Data Protection Officer: Margaret Sikora: [email protected]
Woodpecker uses processors to deliver you a product of the highest quality – please go to Woodpecker Processors’ List to learn more.
By accepting this Agreement You also agree on Your Personal Data (including Your Users’, Prospects’ Personal Data and other Personal Data inserted into the Service) to be transferred to other entities whose services We used while providing the Service and running the Website, including data transfer to third countries (outside the EU and EEA).
12. Data Protection Statement
- Scope of the Statement
This Data Protection Statement (hereinafter the Statement) applies to the way Woodpecker process the Personal Data as defined in the GDPR.
This Statement applies both to Personal Data processed via Woodpecker’s Service as well as to all Woodpecker’s employees and collaborators Personal Data.
- Data protection commitment
This Statement constitutes Woodpecker’s binding commitment in terms of Personal Data Processing and protection.
Woodpecker declares that it is aware of risks arising out of Personal Data Processing and shall devote its time and resources to minimize any risk concerning any processed data (including Personal Data) including entered into the system via the Service.
The Personal Data is being processed by Woodpecker.co S. A., with its registered office in Poland (50-424 Wrocław, Krakowska street 29D), entered into the National Court Register under the no. 0000563751, having the tax registration no. (NIP) 8992769178.
Woodpecker is aware of responsibilities arising from the GDPR and dedicated to accomplish goals set forth in the GDPR.
Woodpecker undertakes the necessary steps to comply with the GDPR requirements and hereby expresses its affirmation of the principles mentioned in this Statement.
Woodpecker processes Personal Data in a transparent way as well as provides applicable and transparent safety and security measures and standards.
Customers, Users, and/or Website visitors may provide Woodpecker with their Personal Data. By using Woodpecker’s Service or Website the above-mentioned subjects agree to the Data Processing by Woodpecker in line with the GDPR, this Statement and other related documents.
Personal Data is processed by Woodpecker to provide the Service as well as to maintain the proper functioning of the Service.
Depending on the types of Personal Data Processing Woodpecker may act as a Data Controller or a Data Processor.
Woodpecker will not process the Personal Data otherwise than according to the Data Controller’s or Data Processor’s instructions. However, the Data Controller and the Data Processor acknowledge and agree that such instructions shall not be in contrary to the law (including the GDPR) or to the purpose of Personal Data Processing by Woodpecker.
Woodpecker ensures that it takes appropriate security measures to protect the information assets (including Personal Data) from unauthorized access or misuse.
Woodpecker ensures that all security-related GDPR obligations shall be fulfilled.
Woodpecker ensures that it has created and follows procedures that adjust Personal Data protection reporting to the appropriate supervisory authority.
Woodpecker shall investigate all factual or suspected data (including Personal Data) security breaches and shall take necessary steps to eliminate or mitigate the effects of the breach and – in cases specified by law – shall inform the data subjects or the Customer of the breach.
Woodpecker shall regularly conduct a risk assessment and take all possible precautions and available techniques to minimize the occurrence of Personal Data protection breaches.
Woodpecker shall develop, adjust and constantly improve the Personal Data protection field to address the newly arising concerns of its Customers and Users.
- Data Protection Policy
Woodpecker may act as a Data Controller or Data Processor depending on the types of Personal Data Processing.
With reference to the Customers and/or Users’ Personal Data, Woodpecker acts as a Data Controller with the ability to define the purpose of Processing.
With reference to any other data (including Personal Data) entered into the system by an end-user (including Prospects) or by the Customer and/or User (including, but not limited to Prospects Personal Data, database, IMAP server data, campaign), Woodpecker acts as a Data Processor which Processes Personal Data on behalf of a Controller, by providing automation service.
Woodpecker acting as a Data Controller guarantees that the data (including Personal Data) of the EU citizens shall be stored on the EU-located servers.
Woodpecker declares that it will not transfer any Customer’s Personal Data to any third country which does not guarantee the Personal Data protection adequate to the protection provided by the GDPR standards, without providing additional security measures. If the Woodpecker transfers the Personal Data outside the EU to a country that does not guarantee an adequate level of protection, it shall implement additional safeguards required by the GDPR (such as Standard Contractual Clauses) to guarantee the safety of the Personal Data of the European Union citizens.
The main purpose of Persona Data processing and collection is to provide the Service, enable Account functioning, provide technical support and maintenance, monitor activities that raise protection security, maintain access via API standard method and provide invoices.
Under the GDPR the data subject has the right to be informed about their Personal Data Processing, right to access their data, right to rectification, right to Personal Data erasure, to restrict processing, Personal Data portability, and the right to object Personal Data data Processing.
In case of any complaints or doubts concerning Personal Data Processing or security, You can contact us at [email protected] Any requests for Personal Data deletion, return, modification, access or Personal Data processing restrictions requests shall be sent to Woodpecker via [email protected]. You also have the right to file the complaint to the supervisory authority, namely the President of the Office of Personal Data Protection, ul. Stawki 2, 00-193 Warsaw.
If Woodpecker processes the Personal Data as a Data Processor, it shall not be responsible for the content of conversations and Personal Data entered into the Service by the Customer, User, Prospects or other subjects. The Customer shall be fully responsible for the accuracy and legality of the Personal Data inserted into the Service. The Customer undertakes and warrants not to insert or allow inserting into the Service the sensitive data (including Personal Data).
Woodpecker will not lease, sell, or exchange any of Customers’ or Users’ data (including Personal Data). Woodpecker may share data (including Personal Data) with processors and sub-processors employed by Woodpecker to provide and maintain the Service. Woodpecker can be also obliged by law to disclose some data (including Personal Data) if required by law (especially if the disclosure is requested by the court, police or other entitled authority).
Personal Data processing of Customers’, Users’ and Prospects’ Personal Data is based on the Agreement between the Customer and Woodpecker.
To request additional information the Customer or User shall submit a written request via [email protected]
Woodpecker’s personnel (employees and contractors) is trained in Personal Data processing and shall not process any Personal Data without appropriate authorization or legal basis. Personnel is obligated to maintain the confidentiality of Personal Data. Woodpecker has limited the personnel’s access to Personal Data to the minimum necessary to provide the Service and performance maintenance.
- Dispute solving
In case of any dispute, parties declare to first seek to reach an amicable solution.
If such a solution is not possible any disputes shall be solved on the grounds of Polish jurisdiction by the court competent according to the Woodpeckers headquarters.
13. California Consumer Privacy Act compliance
In terms of data processing, to the extent permitted by the law applicable to the Woodpecker, Woodpecker complies with the CCPA (California Consumer Privacy Act).
14. Children’s Personal Data and special categories of Personal Data processing
We are compliant with the GDPR and we do not knowingly process (and Customer and/or User shall not submit) any Personal Data from anyone under 16 years of age. Our Website and Service are dedicated to users who are at least 16 years old. Woodpecker also does not knowingly collect (and Customer and/or User shall not submit) any special categories of Personal Data (as defined under the GDPR).
Woodpecker and its third-party partners, such as advertising and analytics processors, use various technologies to collect information, such as cookies and web beacons. Some information about You, including Personal Data can be collected via browser cookies and processed by us or by third-party cookie providers. Whenever You interact with our Website, Blog, Academy and/or Service, we automatically receive and record information on our server logs from your browser including your IP address, “Cookie” information, and the page you requested.