Privacy Policy

Please review this Privacy Policy which, along with the Terms of Service, constitutes the Agreement between You and Woodpecker.co S.A. (hereinafter referred to as “Company”, “Woodpecker” or “We”).

This Privacy Policy describes how Woodpecker processes, collects, and uses the personal information (including Personal Data) You provide via Woodpecker’s Website, Blog, Academy as well as the Service the Company provides.

By using or accessing our Website, Blog, Academy and/or Service You accept the practices described in this Privacy Policy and agree that We will process, collect, use, and share Your information (including Personal Data) in the way described herein.

All capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service. All definitions such as “Personal Data”, “processing”, “Data Controller”, “Data Processor” used in this Privacy Policy shall have the meaning set forth by the GDPR.

1. Scope

This Privacy Policy is effective for all data processed by Woodpecker, including data based on which an individual can be identified (Personal Data). This Privacy Policy applies to Personal Data collected within or outside of the European Economic Area. Woodpecker may revise, modify or update this Privacy Policy in accordance with the Section “Changes to this Privacy Policy” below.

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 while accessing our Website or Blog, 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. In such case, the external company providing such software may have access to Your Personal Data inserted into it.

d. You may be asked to enter Your email address on the Blog in order to download materials and subscribe to a blog newsletter or an email course list. Each such correspondence 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 access to our Academy or any other additional service provided by Woodpecker (for example Woodpecker Email Signatures).

f. When starting a Trial Subscription, 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 first name, last name, email address, company information (name, address/headquarters, registration numbers) and appropriate payment information.

h. When using the Service (during Trial or Premium Subscription), We will process the data (including Personal Data) You provide, such as Your Prospects’ data including Personal Data, Your Personal Data, information concerning Your API connection, and credentials concerning Your email account connection to the 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 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 warrant that You provide Us only with Personal Data that is legally acquired and processed by You with a legal basis and in line with applicable law.

We are aware of the importance of data safety; therefore 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 need access to such Personal Data in order to provide and maintain the Service, and only where necessary for maintenance or support purposes.

3. 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 any other additional service, and to distribute promotional materials over a plurality of channels including social media platforms and Google Ads. Some collected information helps Us respond more efficiently to the needs of Customers, Users, website visitors and Academy users. This encompasses: (i) facilitating efficient Service delivery; (ii) continuously enhancing the Services and related technologies while monitoring their performance; (iii) researching, developing and innovating new services, products, features and technologies; (iv) supporting testing and training functions, provided that Personal Data of Prospects processed by Woodpecker as a processor is not used to train or improve AI models except in anonymized or aggregated form that does not permit identification of any individual; (v) providing customer support and resolving issues; (vi) enabling Partners to access Customer Personal Data during authorized processing; (vii) sending You product updates, invoices and relevant communication regarding Your subscription; and (viii) as outlined in Our Agreement with You.

b. We may further process Your Personal Data to ensure and enhance the security of Our services, prevent fraud and abuse, monitor performance, retain data for backup and disaster recovery, debug issues, and detect fraudulent, illegal or malicious activities.

c. Your data (including Personal Data) will not be sold, exchanged, transferred, or given to any other company for any reason without Your prior consent. By accepting the Agreement You consent to the transfer of Your data to Our authorized Sub-processors; such data is transferred and processed only for providing and maintaining the Service.

d. In the event of a breach of the Agreement (such as sending SPAM or other prohibited content defined in the Terms of Service), We may take steps to reach the wrongdoer more efficiently. Woodpecker may suspend or cancel the Account that breached the Agreement, subject to the notice provisions of the Terms of Service, and may take further legal steps.

e. Liability. In the event of a breach of the Agreement, Woodpecker may demand the cessation of the breach and compensation for damage caused to Woodpecker and to any third party who suffered from the breach. Woodpecker may bring an action to enjoin any such breach and shall have all remedies available at law or in equity. The party that breached the Agreement is obliged to remedy any material and immaterial damage resulting from the breach, both to Woodpecker and to the affected third party.

f. Indemnification. In the event of non-compliance with the Agreement, You, Your personnel and affiliates shall defend, indemnify and hold harmless Woodpecker and its directors, officers and personnel from and against any third-party claims, actions, demands, complaints, damages or liabilities (including reasonable legal fees) arising from such non-compliance.

4. What Woodpecker does with the collected information

a. The information (including Personal Data) helps Us provide, improve and maintain the Website, the Blog and the Service for present and future visitors, Customers and Users.

b. It enables Us to improve customer service, as Your feedback and information about Your activity in the Service and on the Website help Us respond to Your requests faster.

c. Sending You periodic email updates (usually once a month) allows Us to keep You informed when We release new functionality. The email address You provide will be used to send onboarding information and Service updates. Every message includes an “unsubscribe from this list” link. We will send communication and updates concerning Service delivery and maintenance whenever necessary.

d. Processing of information You provide is necessary to deliver the Service and maintain its functionality (for example, email account connection to send messages and Prospect database management).

e. We may share information with Our partners and experts if You get in touch with anyone belonging to Our Expert Program (which connects experts who help customers set up and use the Service) and/or Partner Program (which helps Us market and promote the Service and generate leads).

5. When and what information 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, overall number of sent messages, average number of messages per campaign, average number of words in messages, etc.).

b. We process Your Personal Data for accounting/billing purposes (such as invoicing) and for updates and notifications in case of a breach of the Agreement (such as sending SPAM, prohibited content, or inappropriate language).

c. We may process Your general numerical information for statistical purposes and more efficient customer support. We use this numerical information only to track the general efficiency of Our Service, diagnose potential problems with Your email campaigns (low deliverability, low open rates, high bounce rates) and help You solve them.

d. Our Customer Support, Customer Success and Technical teams may access Your Account upon Your request in order to answer questions related to the Service or solve reported problems, including issues reported automatically by Our system or during maintenance check-ups.

e. Our Customer Support, Customer Success and Technical teams may access Your Account to perform maintenance actions necessary to ensure Service availability.

f. By connecting Your email account to the Service, You agree that We can access the minimum necessary information to ensure Service functionality, namely:

• to connect Your email account via SMTP and IMAP, API connection or native integration (e.g. Google, Outlook), or manually via Our configuration panel;
• to connect any other communication channel you use via Woodpecker;
• 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 the Service’s inbox.

Woodpecker declares that it shall comply with all compliance policies and integration requirements posted by email providers whose accounts are connected with the Service, to the extent allowed by governing laws and regulations.

g. Across our Website we use links to external sources such as Facebook, X (Twitter), Capterra, LinkedIn and other social media platforms. By clicking these links You will be redirected to those platforms, which may cause Our cookie 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 — an interview that may be shared on Our Website as a testimonial. Publishing occurs only after Your prior consent, expressed via email or other written form. You may always opt out from such data processing and testimonial collection.

i. By using the Woodpecker application’s marketplace, You consent to the transfer of Your data to third-party entities associated with the integrations You activate. You can halt data transfer by deleting the integration from the marketplace. Changes to integrations take effect at the start of the next billing period.

6. Can You change or update Your Personal Data?

Every Data Subject has the right to access their Personal Data and to its rectification, deletion, restriction of processing, and portability, and to demand temporary or permanent suspension of its processing. By accepting this Agreement You also agree to the transfer of Your Personal Data (including Your Users’ and Prospects’ Personal Data and other Personal Data inserted into the Service) to entities whose services We use while providing the Service and running the Website, including transfers to third countries (outside the EU and EEA), subject to the safeguards described in Section 11. You can make changes directly in the Service or, for credentials not editable in the Service, by contacting Us at [email protected].

7. How Users and/or Customers can remove their Personal Data

The 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. You can partially delete and modify Your data in the Service. If You wish to have Personal Data removed, please contact Us at [email protected].

8. How email list subscribers can change or remove their Personal Data

As a Woodpecker email list subscriber, You receive email messages sent via Our email service provider. You can change Your Personal Data on the subscribers’ list by clicking the “update subscription preferences” link in any message. You can also unsubscribe from any list by clicking the “unsubscribe from this list” link at the bottom of any message; such a request applies to that specific list only. If You wish to be removed from all lists at once, please reply to any message and state that You wish to be removed from all Woodpecker mailing lists.

9. Do we disclose any information to third parties?

We do not sell, trade or otherwise transfer Your Personal Data to third parties. This does not include trusted Sub-processors who assist Us in operating Our Website and Service, provided they are obliged to process such Personal Data in the same way We are. The list of these companies, the data they process and the processing purpose is available in the Processors’ List.

We may disclose Your Personal Data where necessary to comply with the law or Our internal policies, or to protect Our or others’ rights or safety, as well as in the event of a breach of the Agreement (such as sending SPAM and prohibited content). Woodpecker may also transfer Your Personal Data to institutions legally authorized to request and receive it on the basis of relevant legal provisions, in particular courts, police and prosecutor’s office.

Non-personal information (such as IP address, browser type, the web page visited before or after You came to Our Website, information You search for, and interactions with the Service) may be used for marketing, advertising and statistical purposes and to track the general efficiency of Our Service.

10. How do we protect your information?

You can find more information in Our Safety & Security document.

11. GDPR compliance

We are compliant with the 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, repealing Directive 95/46/EC).

We have appointed a Data Protection Officer, who can be contacted at [email protected].

Woodpecker uses processors to deliver a product of the highest quality — please see the Woodpecker Processors’ List to learn more.

By accepting this Agreement You also agree to the transfer of Your Personal Data (including Your Users’ and Prospects’ Personal Data and other Personal Data inserted into the Service) to entities whose services We use while providing the Service and running the Website, including transfers to third countries (outside the EU and EEA), subject to the safeguards described below.

Profiling. We take no automated decisions producing legal or similarly significant effects based on Personal Data. We use cookies only to present customized content associated with the needs of Our Customers, Users and visitors.

12. Data Protection Statement

• Scope of the Statement

This Data Protection Statement applies to the way Woodpecker processes Personal Data as defined in the GDPR. It applies both to Personal Data processed via the Service and to the Personal Data of all Woodpecker employees and collaborators.

• Data protection commitment

This Statement constitutes Woodpecker’s binding commitment regarding Personal Data processing and protection. Woodpecker is aware of the risks arising from Personal Data processing and devotes its time and resources to minimizing any such risk.

The Personal Data is processed by Woodpecker.co S.A., with its registered office in Poland (50-424 Wrocław, Krakowska 29D), entered into the National Court Register under number KRS 0000896179, tax identification number (NIP) PL 8992769178.

Woodpecker undertakes the necessary steps to comply with the GDPR and affirms the principles mentioned in this Statement. Woodpecker processes Personal Data in a transparent way and provides applicable, transparent safety and security measures and standards.

Customers, Users and/or Website visitors may provide Woodpecker with their Personal Data. By using the Service or Website, they agree to the processing by Woodpecker in line with the GDPR, this Statement and other related documents. Personal Data is processed to provide the Service and maintain its proper functioning.

Depending on the type of processing, Woodpecker may act as a Data Controller or a Data Processor. Woodpecker will not process Personal Data other than according to the Data Controller’s or Data Processor’s instructions, provided such instructions are not contrary to law (including the GDPR) or to the purpose of the processing.

Woodpecker takes appropriate security measures to protect information assets (including Personal Data) from unauthorized access or misuse, and ensures that its security-related GDPR obligations are fulfilled. Woodpecker has procedures for reporting Personal Data breaches to the appropriate supervisory authority, investigates all actual or suspected breaches, takes steps to eliminate or mitigate their effects, and — where required by law — informs data subjects or the Customer. Woodpecker regularly conducts risk assessments and continuously improves its Personal Data protection.

• Data Protection Policy

With reference to 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 entered into the system by an end-user (including Prospects) or by the Customer and/or User (including Prospects’ Personal Data, databases, IMAP server data and campaigns), Woodpecker acts as a Data Processor processing Personal Data on behalf of a Controller by providing an automation service.

Woodpecker acting as a Data Controller guarantees that the Personal Data of EU citizens is stored on EU-located servers. Woodpecker will not transfer any Customer’s Personal Data to a third country that does not guarantee an adequate level of protection without providing additional safeguards required by the GDPR (such as Standard Contractual Clauses).

The main purpose of Personal Data processing and collection is to provide the Service, enable Account functioning, provide technical support and maintenance, monitor activities relevant to security, maintain API access and provide invoices.

Under the GDPR, the data subject has the right to be informed about the processing of their Personal Data, to access it, and to rectification, erasure, restriction of processing, portability, and objection to processing. For any complaints or doubts, You can contact Us at [email protected]; requests for deletion, return, modification, access or restriction should also be sent there. You also have the right to lodge a complaint with the supervisory authority — the President of the Personal Data Protection Office (Prezes UODO), ul. Stawki 2, 00-193 Warsaw.

Where Woodpecker processes Personal Data as a Data Processor, it is not responsible for the content of conversations and Personal Data entered into the Service by the Customer, User, Prospects or other subjects. The Customer is fully responsible for the accuracy and legality of the Personal Data inserted into the Service and undertakes not to insert, or allow the insertion of, special categories of Personal Data (sensitive data).

Woodpecker will not lease, sell or exchange any Customers’ or Users’ data. Woodpecker may share data with processors and Sub-processors employed to provide and maintain the Service, and may be obliged by law to disclose certain data (especially if requested by a court, police or other authorized authority). Processing of Customers’, Users’ and Prospects’ Personal Data is based on the Agreement between the Customer and Woodpecker.

Woodpecker’s personnel (employees and contractors) are trained in Personal Data processing and shall not process Personal Data without appropriate authorization or legal basis. Personnel are obliged to maintain confidentiality. Woodpecker limits personnel access to Personal Data to the minimum necessary to provide the Service and perform maintenance.

• Dispute resolution

In case of any dispute, the parties will first seek an amicable solution. If that is not possible, disputes shall be resolved under Polish jurisdiction by the court competent for Woodpecker’s registered office, subject to any mandatory provisions protecting consumers.

13. California Consumer Privacy Act (CCPA) compliance

To the extent the CCPA applies to Woodpecker, We comply with it. Woodpecker does not sell Personal Data as defined by the CCPA. California residents have the right to know what categories of personal information We collect, to request access to and deletion of their personal information, and not to be discriminated against for exercising these rights. To exercise these rights, contact Us at the address provided in the Contact section.

14. Children’s Personal Data and special categories

We are compliant with the GDPR and do not knowingly process (and the 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 the Customer and/or User shall not submit) any special categories of Personal Data as defined under the GDPR.

15. Cookie policy notice & tracking services

Woodpecker and its third-party partners, such as advertising and analytics processors, use various technologies to collect information, including cookies and web beacons. Some information about You, including Personal Data, may 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 in Our server logs, including Your IP address, cookie information and the page You requested.

Cookies are identifiers We transfer to Your device that allow Us to recognize Your browser or device and tell Us how and when Our Website, Blog, Academy and Service are visited. If You click a link to a third-party website from Our Website, that third party may also transmit cookies to You. This Privacy Policy does not cover the use of cookies by third parties.

Woodpecker uses third-party providers to analyze the effectiveness of the Website and may combine collected data with other information, such as chat interactions. Such tracking may include ETag tracking, which You can stop by emptying Your browser cache after visiting the Website. There is no profiling or automated decision-making based on the information collected via cookies or tracking services. The full list of cookies is available in Our Cookies Information page.

16. Changes to this Privacy Policy

We may update or modify this Privacy Policy, the Terms of Service and other documents that constitute the Agreement to reflect changes in Our practices or applicable law.

We may amend this Policy. Where an amendment materially and adversely affects the Customer’s rights or obligations, We will provide notice at least seven (7) days before it takes effect, by email and/or within the Service. Other changes (including minor, clarifying, administrative, or legally required changes) take effect upon posting.

Your continued use of the Website, Blog, Academy and/or Service after the changes take effect constitutes acceptance of the updated Privacy Policy.

17. Contact

If You have any questions or concerns regarding this Privacy Policy, You may contact Us at [email protected], or by post at Woodpecker.co S.A., ul. Krakowska 29D, 50-424 Wrocław, Poland.

<< back to Home