Woodpecker may act as a Data Controller or Data Processor depending on the types of Personal Data Processing. Woodpecker serves as the Data Controller of Customers’ Personal Data, such as the data used to create an Account, billing data, accounting data, data used to contact the Company via contact forms etc. Woodpecker acts as the Data Processor of any other data inserted (uploaded) by the Customer (or persons authorized by him) into the Service, including but not limited to Prospects’ Data, data of the Customers’ employees, and service providers, etc.
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 and processes Personal Data on behalf of a Controller, by providing automation service.
2. Information collected by Woodpecker
Woodpecker may collect and process the following types of data:
- Personal Data (such as name, last name, email address, contact details) further including:
- Customer-generated content (as for example AI generated videos, voice generated materials, image or any other content that occurred as the outcome of manipulation of the samples delivered by the Customer);
- Personal Data directly shared by the Customer (as for example email address, name and surname, contact details of Prospects and Users or any other Personal Data that are delivered by the Customer and used by the Service in the same form as delivered);
- Technical information (such as browser type, the IP address, the web page visited before or after You came to Our Website, information You search for on the Website and interactions with the Service).
Personal Data is used to provide you the resource you decide to use (the Service, the Website, the Blog or the Academy). Technical information may be used by Us for marketing, advertising, statistical purposes and to track the general progress of efficiency of Our Service. Both types of data can be processed for administrational and organizational purposes
If You wish to remain anonymous during Our Website or Blog access, use Incognito mode in Your browser. 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 a case the external company providing such software may have access to Your Personal Data inserted into such software. 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. You may be asked to share Your email address or other personal data to activate Your access to Our Academy or any other additional service provided by Woodpecker.
To access Woodpecker Scale You may be asked to provide information as email address, billing data, name and surname or other information requested during the registration process and further requested to deliver You the Service.
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.
You are the Data Controller of Your Prospects’ Data and you are responsible for lawful processing (including transfer) of such data. As a Data Controller of Your Prospects’ Personal Data, You are fully responsible for the data (including Personal Data) You provide Us with. As a Data Controller You warrant and guarantee that You provide Us with only the Personal Data that You legally acquired and that are lawfully processed by You. You warrant that you have a legal basis for processing of such data as well as that you processed it in line with the applicable law.
3. Why does Woodpecker collect information about You (purpose of Personal Data processing)?
Woodpecker collects data (including Personal Data) to provide and maintain the Service, to run the Website, Blog, to personalize Your experience with the Service and promotional materials the Company distributes over a plurality of channels including social media platforms and Google AdWords. Collecting some information (including Personal Data) helps Us more efficiently respond to Customers’, Users’, Website visitors’ or Academy users’ needs.
Processing Your Personal Data is necessary to provide you any type of service, ie. to set up and provide an Account, process payment transactions and maintain the Service for You. We process Your data (including Personal Data) for internal Company’s purposes such as administrative, organizational or accounting purposes.
We process Your Personal Data for accounting/billing purposes (such as invoicing), updates and notifications We may make to You in case of breaching the Agreement such as generating and further using, including sending, SPAM messages, prohibited or sensitive content, content violating any copyrights, or using inappropriate language (curse words, insulting, etc.).
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.
We process images and voices, e.g. from video samples You upload to the Service which will be used to create AI-modified personalized sets of videos.
Our Customer Support, Customer Success and Technical teams may access Your 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.
Our Customer Support, Customer Success and Technical teams may access Your Woodpecker Account in order to perform maintenance actions necessary to ensure Service availability.
The legal basis for the Personal Data processing is – in most cases – the Agreement between You and Us. Processing Personal Data is necessary for the performance of the Agreement. However in the below mentioned situations your Personal Data may be processed based on Our legitimate interest, or when processing is necessary for compliance with a legal obligation.
4. What does Woodpecker do and how process the collected information (including Personal Data)?
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. 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. Processing of information provided by You (including Personal Data) is necessary to deliver the Service and maintain its functionality.
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.
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 is expressed via email or other written form. You may always opt-out from such Data processing and testimonial collection.
5. When and what kind of information (including Personal Data) can be accessed by Woodpecker?
We can access to the following types of information:
- Personal Data (name, last name, email address, other contact details and other information that may be considered Personal Data) of Customers, Users of the Service and Prospects, and company information.
- General numerical information from Your Account and statistics data about Your performance with Our Service, for example, average reply rate, amount of generated videos, positive clicks on the video links etc.,
- Images and voices, e.g. video samples You upload to the Service.
By using Woodpecker Scale Service You agree that We can access the minimum necessary information to fulfill the following elements needed to ensure Service functionality, namely:
- to AI generate videos for You (Woodpecker requires Your video, voice and (or) image sample);
- to issue invoicing process (Woodpecker requires Your billing details including company name, address, contact details);
- to provide access to the service (Woodpecker requires all necessary data to establish and maintain Your Account access).
Woodpecker declares that it shall comply with all compliance policies and integration requirements posted by email providers whose accounts shall be connected with Woodpecker’s Service, to the extent allowed by governing laws and regulations.
Woodpecker’s personnel (employees and contractors) are 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.
6. How does Woodpecker deal with Biometric Data?
To use the Scale Service You will need to provide Us with audio and video samples containing people’s image and voice data. Such data may be considered as Biometric Data because it may be possible to identify a person who appears in the provided samples.
By using Our Service, You are confirming, ensuring and aware that You have all the necessary legal ground(s) and basis to process (and transferring) Personal Data (including but not limited to the images and voices) of people captured in the video samples You provide.
We take the security and privacy of Biometric Data very seriously. We use industry-standard security measures to protect Biometric Data from unauthorized access, use, or disclosure. We limit access to Biometric Data to only those individuals who have a legitimate need to access it, and We only retain such data for as long as necessary to fulfill the purposes for which it was collected. As an additional security measure, We may request ID verification when uploading a video recording to the Service to make sure that only verified Customers and (or) Users can have access to the Service.
7. Can You access/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. 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].
8. How Users and/or Customers can remove their personal data from Woodpecker?
Customers 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 available at their Account. These data can be changed at any time after logging in to the Account. The data can be partially deleted in the Service. If You wish to have the Personal Data removed please contact Us at [email protected].
9. How can email list subscribers (i.e. newsletter) change or remove their Personal Data from Woodpecker?
As a Woodpecker email list subscriber 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.
10. Do We disclose any information (including Personal Data) to third parties?
We do not sell, trade, or otherwise transfer Your Personal Data to third parties. 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 11 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).
We can be 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). In such a situation, We will act as ordered by law enforcement authorities
11. With whom else do We share Your data?
We shall not share Personal Data provided by You 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.
Woodpecker uses Subprocessors to deliver You the Service of the highest quality – please see below Our list of Sub-processors to learn more of the entities that have access to the necessary part of the data You provide Us with:
Woodpecker carefully chooses its Sub-processors based on several criteria including GDPR compliance, reliability and reputation. We conclude Data Processing Agreements (Addendums) with Sub-processors that require them to access Personal Data) only if it is essential to deliver the Service to You. Additionally if any data is transferred outside the EEA additional required safeguards and security measures are applied. These Sub-processors must have high-security, industry standard measures for protecting and maintaining the confidentiality and security of data, however We do not control their platforms. Sub-processors may have different approaches and rules for collecting and processing Personal Data and it is recommended to get familiar with their privacy policies.
We share Your personal information with Sub-processors who assist Us in providing Our Service (including AI video generation services). These Sub-processors may include hosting providers, security providers, etc. We will only share Your personal information with Sub-processors to the extent necessary for them to provide the Service.
12. GDPR compliance
We are compliant with the GDPR. We have appointed the Data Protection Officer.
The Personal Data is being processed by Woodpecker.co S. A., with its registered office in Poland (50-424 Wrocław, Krakowska street 29D).
Woodpecker will not process the Personal Data otherwise than according to the Data Controller’s instructions. However, the Data Controller acknowledges and agrees that such instructions shall not be contrary to the law (including the GDPR) or to the purpose of Personal Data processing by Woodpecker.
We implement all necessary technical and organizational measures to ensure that Your data (including Personal Data) are stored and managed in a secure manner in line with the applicable data protection laws. We limit access to Personal Data to only those individuals who have a legitimate need to access it, and We only retain Personal Data for as long as necessary to fulfill the purposes for which it was collected.
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.
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 the Service and other resources 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.
13. Liability and Indemnification
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.
In the event of breaching the Agreement 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.
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.
Woodpecker shall not be responsible for the content 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) such as medical data, political opinions, religious or philosophical beliefs, trade-union membership, sex life, etc.
14. 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).
15. 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 is obliged not submit) any Personal Data from anyone under 16 years of age. Our Website and any other 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.
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.
Any disputes that may arise in connection with the implementation or performance of the Agreement will be resolved amicably or by the court having jurisdiction over the registered office of Woodpecker.co S.A.