Last Updated: April 19, 2023
SECTION 1: PERSONAL DATA NOT COVERED UNDER THIS POLICY
This Policy does not apply to the extent we process Personal Data in the role of a processor or service provider on behalf of our customers, including where we offer to our customers various products and services through which our customers (or their affiliates): (i) create their own websites and applications running on our platforms; (ii) sell or offer their own products and services; (iii) send electronic communications to others; or (iv) otherwise collect, use, share or process Personal Data via our products and services.
We are not responsible for the privacy or data security practices of our customers, which may differ from those explained in this Policy.
Our websites and services may contain links to other websites, applications, platforms and services maintained by third parties. The information practices of these third parties, including the social media platforms that host our branded social media pages, are governed by their privacy statements, which you should review to better understand their privacy practices.
Please note processing of Personal Data is required for receiving certain products or services.
SECTION 2: INFORMATION COLLECTION AND USE
What information does Company collect about me?
When you contact us, we collect the information that you submit such as your name, address, email address, telephone number, company name, professional or employment-related information, financial account information, and all the content of the communications you have with Company. We collect information you provide directly to us when using our Services. If you submit content to Company, we may also require verification of your identity with a government issued ID and other information.
When you access our Services, we may automatically collect certain information such as: (i) Internet Protocol ("IP") address; (ii) Browser type; (iii) Operating system; and (iv) Uploads and downloads on our Services.
Emails we send you may include a technology (called a web beacon) that tells Company whether you have received or opened the email, or clicked a link in the email. If you do not want us to collect this information from Company marketing emails, you can opt out of receiving Company marketing emails.
We collect information in the following situations:
- If you express an interest in obtaining additional information about our Services; request customer support; use our “Contact Us” or similar features; register to use our websites or to receive communications; apply for employment; sign up for an event, webinar or contest; participate in a program or survey; act as an authorized user for our products and services; or download certain content, we may require that you provide to us your contact information, such as your name, job title, company name, address, phone number, email address or username and password;
- If you make purchases via our websites or register for an event or webinar, we may require that you provide to us your financial and billing information, such as billing name and address, credit card number or bank account information;
- If you register with us for a variety of purposes, including joining an online community that we host or participating in a program, we may ask you to provide a username, photo, or other biographical information, such as your occupation, location, social media profiles or usernames, company name, areas of expertise and interests;
- If you use and interact with our products and services, we collect information about your device and your usage of our services through log files and other technologies, some of which may qualify as Personal Data.
- If you communicate with us via a phone call, we may record that call in accordance with applicable laws;
- If you voluntarily submit certain information to us, such as filling out a survey, responding to a questionnaire or participating in other forms of research, we may collect the information you have provided as part of that request, which may include special categories of Personal Data, to the extent you voluntarily choose to provide it;
- If you are a supplier or service provider to Company (or work for a supplier or service provider), you may also be required to provide us with Personal Data such as your contact details and payment and billing information.
If you provide us, our service providers or our affiliates with any Personal Data relating to other individuals, you represent that you have the authority to do so, and where required, have obtained the necessary consent, and acknowledge that it may be used in accordance with this Policy.
We may also collect information about you from other sources including third parties from whom we purchase Personal Data and from publicly available information. We may combine this information with Personal Data provided by you. This helps us update, expand, and analyze our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you. The Personal Data we collect from other sources includes identifiers, professional or employment-related information, education information, commercial information, visual information, internet activity information, and inferences about preferences and behaviors. In particular, we collect such Personal Data from the following sources:
- Third party providers of business contact information, including mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, LinkedIn URLs and custom profiles, for purposes of targeted advertising, delivering relevant email content, event promotion and profiling, determining eligibility and verifying contact information;
- Another individual at your organization who may provide us with your personal information, which may include Personal Data and special categories of Personal Data, to the extent you consent to providing it and sharing it, for the purposes of obtaining services and assessing our goals related to encouraging diversity within our vendors; and
- Platforms such as GitHub to manage code check-ins and pull requests. If you participate in an open source or community development project, we may associate your code repository username with your community account so we can inform you of program changes that are important to your participation or relate to additional security requirements.
Personal Data of Children
Our websites and services are not directed at children. We do not knowingly collect Personal Data from children under the age of 16, or such other applicable age of consent for privacy purposes in relevant individual jurisdictions, unless (a) we have obtained consent from a parent or guardian, (b) such collection is subject to a separate agreement with us or (c) the visit by a child is unsolicited or incidental. If you are a parent or guardian and believe your child has provided us with Personal Data without your consent, please contact us and we will take steps to delete their Personal Data from our systems.
What are cookies and how does Company use them?
"Cookies" are small text files stored by your web browser when you use websites. Cookies and similar technologies help us improve our services and your experience, see which areas and features of our services are popular, and count visits. The type of information a cookie collects includes the date and time you visited, your browsing history, your preferences, and your username. We use both session-based and persistent cookies on our websites. Session-based cookies exist only during a single session and disappear from your device when you close your browser or turn off the device. Persistent cookies remain on your device after you close your browser or turn your device off.
Web beacons are bits of programming code that may be included in our webpages or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject cookies. Note that if you choose to remove or reject cookies, this could affect the availability and functionality of our services.
Social Media Features
Our Services may use social media features, such as the “Tweet” button and other sharing widgets (the “Social Media Features”). Social Media Features may allow you to post information about your activities on our website to outside platforms and social networks. Social Media Features may also allow you to like or highlight information we have posted on our website or our branded social media pages. Social Media Features are either hosted by each respective platform or hosted directly on our website. To the extent the Social Media Features are hosted by the platforms themselves, and you click through to these from our websites, the platform may receive information showing that you have visited our websites. If you are logged in to your social media account, it is possible that the respective social media network can link your visit to our websites with your social media profile.
Company may allow you to log in to some of our Services using sign-in services. These services authenticate your identity and provide you the option to share certain Personal Data from these services with us such as your name and email address to pre-populate our sign-up form.
Your interactions with Social Media Features are governed by the privacy policies of the companies providing them.
Telephony Log Information
If you use certain features of our services on a mobile device, we may also collect telephony log information (like phone numbers, time and date of calls, duration of calls, SMS routing information and types of calls), device event information (such as crashes, system activity, hardware settings, browser language), and location information (through IP address, GPS, and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points and cell towers).
How does Company use the information it collects about me?
We collect and process your Personal Data (including, where legally permissible, special categories of Personal Data) for the following purposes. Where required by law, we obtain your consent to use and process your Personal Data for the below purposes. Otherwise, we rely on another authorized legal basis (including but not limited to the (a) performance of a contract or (b) legitimate interest) to collect and process your Personal Data, as further detailed below.
- Promoting the security of our websites and services: We process your Personal Data by tracking use of our websites and services, creating aggregated non-personal data, verifying accounts and activity, investigating suspicious activity, and enforcing our terms and policies to the extent it is necessary for our legitimate interest in promoting the safety and security of the services, websites, systems and applications and the security of Company generally, and in protecting our rights and the rights of others;
- Managing user registrations: If you have registered for an account with us, we process your Personal Data by managing your user account for the purpose of performing our contract with you according to applicable terms of service;
- Handling contact and user support requests: If you fill out a “Contact Me” web form or request user support, or if you contact us by other means including but not limited to via phone, we process your Personal Data to perform our contract with you and to the extent it is necessary for our legitimate interest in fulfilling your requests and communicating with you;
- Managing event registrations and attendance: We process your Personal Data to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you or to perform our contract with you or where we receive your consent;
- Managing, and participating in, programs or promotions: If you register for a promotion, or a program, we process your Personal Data to perform our contract with you or where we seek your consent. Some programs and promotions have additional rules containing information about how we will process your Personal Data;
- Managing payments: If you have provided financial information to us, we process your Personal Data to verify that information and to collect payments to the extent that doing so is necessary to complete a transaction and perform our contract with you;
- Contract fulfilment: We may process your Personal Data for the purposes of fulfilling our contract with you or your employer (e.g., if you are an authorized user of our products and services or work for a service provider or supplier to Company). We do this where it is necessary for the performance of the relevant contract;
- Developing and improving our websites and services: We process your Personal Data to analyze trends and to track your usage of and interactions with our websites and services to the extent it is necessary for our legitimate interest in developing and improving our websites and services and providing our users with more relevant content and service offerings, or where we seek your consent;
- Assessing and improving user experience: We process device and usage data as described in this Policy, which in some cases may be associated with your Personal Data, to analyze trends and assess and improve the overall user experience to the extent it is necessary for our legitimate interest in developing and improving the service offering or website, or where we seek your consent;
- Reviewing compliance with applicable usage terms: We process your Personal Data to validate that you are a licensed user and to review compliance with the applicable usage terms in our customer’s or user’s contract to the extent that it is in our legitimate interest to ensure adherence to the relevant terms;
- Assessing capacity requirements: We process your Personal Data to assess the capacity requirements of our services to the extent that it is in our legitimate interest to ensure that we are meeting the necessary capacity requirements of our service offering;
- Identifying customer opportunities: We process your Personal Data to assess new potential customer opportunities to the extent that it is in our legitimate interest to ensure that we are meeting the demands of our customers and their users’ experiences;
- Registering and hosting visitors to the office or at events: We process your Personal Data for security, health, and safety reasons, to register visitors and to manage non-disclosure agreements that visitors may be required to sign, to the extent such processing is necessary for our legitimate interest in protecting our offices, staff and visitors and our confidential information against unauthorized access;
- Recording phone calls: We may record phone calls for training, quality assurance, and administration purposes. If required under applicable law, we will obtain your prior consent or give you the option to object to a call being recorded;
- Administering surveys and conducting research: We process your Personal Data (including special categories of Personal Data) in order to meet the goals set out in surveys or research as well as to analyze our compliance with internal policies. If required under applicable law, we will obtain your consent to process your responses;
- Sending communications: We will process your Personal Data or device and usage data, which in some cases may be associated with your Personal Data, to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, telemarketing calls, SMS, or push notifications) about us and our affiliates and partners, including information about our products, promotions, news or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent;
- Collection of diversity information: We may process your Personal Data (including special categories of Personal Data) to the extent you voluntarily consent to provide it to meet our broader community-minded goals related to diversity and equality of opportunity. If required under applicable law, we will obtain your consent or explicit consent; and
- Compliance with legal obligations: We process your Personal Data when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our websites or services, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, respond to lawful requests, or for auditing purposes.
- Investigating and responding to any comments or complaints received from you or from others, about our Services.
- To detect, investigate, and prevent fraudulent and illegal activities and protect the rights and property of Company and others.
Does Company share my Personal Data?
We will share your personal data between and among Company and our current and future family of companies for the purposes identified above. The types of third parties your information may be shared with include, advertising partners, retailers, research organizations, advertisers, ad agencies, advertising networks and platforms, information service providers, publishers, payment processors, and non-profit organizations.
We will also share your personal data with companies that help us to run our business by processing personal data on behalf of Company for the purposes identified above. Such companies include, fraud monitoring and prevention, email, social media, and other marketing platforms and service providers, and hosting services.
Company may also share your Personal Data: (i) When you agreed to the sharing; (ii) When we are required to provide information in response to a subpoena, court order, or other applicable law or legal process; (iii) When we have a good faith belief that the disclosure is necessary to prevent or respond to fraud, defend our apps or websites against attacks, or protect the property and safety of Company, our users, or the public; and (iv) If we merge with or are acquired by another company, sell our website, or business unit, or if all or a substantial portion of our assets are acquired by another company, your information will likely be disclosed to our advisers and any prospective purchaser's advisers and will be one of the assets that is transferred to the new owner.
We may share or publish aggregate information that doesn’t specifically identify you, such as statistical information about visitors to our websites or statistical information about how customers use our products.
Anyone using our communities, forums, blogs, or chat rooms on our websites may read any Personal Data or other information you choose to submit and post.
SECTION 3: SECURITY AND STORAGE
We understand that the security of your Personal Data is important. We provide reasonable administrative, technical, and physical security controls to protect your Personal Data. However, despite our efforts, no security controls are 100% effective and Company cannot ensure or warrant the security of your Personal Data.
We may transfer your Personal Data across national borders to other countries in compliance with applicable laws.
How long will you retain my data?
We may retain your Personal Data for a period of time consistent with the original purpose of collection or as long as required to fulfill our legal obligations. We determine the appropriate retention period for Personal Data on the basis of the amount, nature, and sensitivity of the Personal Data being processed, the potential risk of harm from unauthorized use or disclosure of the Personal Data, whether we can achieve the purposes of the processing through other means, and on the basis of applicable legal requirements (such as applicable statutes of limitation).
Where you have perpetually licensed content to us – or have perpetually licensed content from us – we need to keep a record of that in perpetuity for license and royalty management purposes. Model and property releases also are kept in perpetuity (as certain content rights are perpetual) for licensing the content, investigating, preventing legal claims, and to protect third party rights.
Where we process personal data for marketing purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a permanent record of the fact that you have asked us not to send you direct marketing or to process your data so that we can respect your request in future.
After expiry of the applicable retention periods, your Personal Data will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will implement appropriate measures to prevent any further use of such data.
SECTION 4: PESONAL DATA RIGHTS
You may have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws these rights may include the right to:
- Access your Personal Data held by us;
- Know more about how we process your Personal Data;
- Rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete;
- Erase or delete your Personal Data;
- Restrict our processing of your Personal Data;
- Transfer your Personal Data to another controller, to the extent possible;
- Object to any processing of your Personal Data;
- Optout of certain disclosures of your Personal Data to third parties;
- If you’re under the age of 16, or such other applicable age of consent for privacy purposes in relevant individual jurisdictions, opt in to certain disclosures of your Personal Data to third parties;
- Not be discriminated against for exercising your rights described above;
- Not be subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”); and
- Withdraw your consent at any time (to the extent we base processing on consent), without affecting the lawfulness of the processing based on such consent before its withdrawal.
How to exercise your rights
To exercise your rights, please contact us at email@example.com by using the information provided in this Policy. Your Personal Data may be processed in responding to these rights. We try to respond to all legitimate requests within one (1) month unless otherwise required by law, and will contact you if we need additional information from you in order to honor your request or verify your identity. Occasionally it may take us longer than one (1) month, taking into account the complexity and number of requests we receive. If you are an employee of a Company customer, we recommend you contact your employer’s system administrator for assistance in correcting or updating your information.
Some registered users may update their user settings, profiles, organization settings and event registrations by logging into their accounts and editing their settings or profiles.
To update your billing information, discontinue your account or request return or deletion of your Personal Data and other information associated with your account, please contact us.
Company’s Customer Data
As described above, we may also process Personal Data submitted by or for a customer to our products and services. To this end, if not stated otherwise in this Policy or in a separate disclosure, we process such Personal Data as a processor on behalf of our customer (and its affiliates) who is the controller of the Personal Data. We are not responsible for and have no control over the privacy and data security practices of our customers, which may differ from those explained in this Policy. If your data has been submitted to us by or on behalf of a Company customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with them directly. Because we may only access a customer’s data upon their instructions, if you wish to make your request directly to us, please provide us the name of the Company customer who submitted your data to us. We will refer your request to that customer, and will support them as needed in responding to your request within a reasonable timeframe.
SECTION 5: OPT-OUT
We and companies we hire to help us market our Services on our behalf may use your information to provide you with information and offers related to Company.
Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your information for other purposes. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests. You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time by contacting us at firstname.lastname@example.org.
Your preferences for email and SMS marketing communications
If we process your Personal Data for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from Company by clicking on the “unsubscribe” link located on the bottom of Company marketing emails, by replying or texting ‘STOP’ if you receive Company SMS communications.
Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as communications about your subscriptions or event registrations, service announcements or security information.
Your preferences for telemarketing communications
If you want your phone number to be added to our internal Do-Not-Call telemarketing register, please contact us. Please include your first name, last name, company, and the phone number you wish to add to our Do-Not-Call register.
Alternatively, you can always let us know during a telemarketing call that you do not want to be called again for marketing purposes.
Occasionally, we may change this Policy (to allow Company to use or share your Personal Data in a different way). If we do, the links to the Policy will be updated and we will notify you by revising the "last updated date" at the top of this Policy. For new users, the change will become effective upon posting. For existing users, if the change is significant, it will become effective thirty (30) days after posting. We encourage you to periodically review the Policy for the latest information on our privacy practices.
Who can I contact with questions or concerns?
Company has appointed a Data Protection / Privacy Officer. To exercise your rights regarding your Personal Data, or if you have questions regarding this Policy or our privacy practices, please fill out this form, email us at email@example.com, call us at 1-307-314-3099, or write to us at:
Wilqo Data Protection Officer
441 Road 58, Unit B
Ten Sleep, WY 82442
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy.