|Effective: January 1, 2015 Last Updated: March 24, 2021|
Terms “Customer”, “User”,” “You,” shall have the meaning as defined in the Terms of Service and refer to users of Woodpecker’s Services regardless of the type of Subscription (paid Premium or Trial).
All capitalized terms used herein without definition shall have the meanings assigned 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 or 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, Service updates that You receive from Us contains an “unsubscribe” link that allows You to withdraw Your consent for Personal Data processing for that purpose.
e. When starting a Trial Subscription to our Service, You will be asked to enter your: first name, company name, and email address.
f.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.
g. 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 Prospect’s upload to the Service.
We are aware of the importance of data safety, that is why We will not use our Prospects’ Personal Data for a purpose other than providing the Service. We shall not share Prospects’ Personal Data with any third party except Our approved sub-processors 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 and promotional materials the Company distributes via social media platforms and Google AdWords. Some of the collected information helps us more efficiently respond to Customers’, Users’, website visitors’ 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.
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 Sikor: [email protected]
For more details on how we comply with the General Data Protection Regulation and what actions our User and/or Customer should take to be compliant with it as well, please go to GDPR Compliance.
Woodpecker uses processors to deliver you a product of the highest quality – please go to Woodpecker Processors’ List to learn more.
12. 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).
13. 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, 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.