PRIVACY POLICY

 

CONTENTS

1. Introduction
2. Data Controller (WNDYR personnel), EU Representative, Data Protection Officer, Data Processor (deployments and services)
3. Purpose of the Processing and the Legal Basis for the Processing
4. What categories of Personal Data we collect, how we collect and use (process) it and for what purpose(s)
5. Your Rights
6. Questions, Concerns and Complaint with a Supervisory Authority
7. Disclosure of Personal Data
8. Transferring Personal Data from the EU to the US
9. Security of Personal Data
10. Retention
11. Terms of Use of this Website and Cookies
12. Changes and Updates to this Privacy Policy
13. Contacting Us
 

PRIVACY POLICY

This Privacy Policy applies to all WNDYR processing of Personal Data at the instruction of its deployment partners and their customers. It also applies where your employer has directly completed a deployment contract with WNDYR. WNDYR is Data Processor in these circumstances and your employer is your Data Controller of your Personal Data.
 
In addition, it applies in respect of all applications for the supply of products and services and employment contracts with WNDYR where you have contracted directly with WNDYR; WNDYR is the Data Controller in respect of your Personal Data in these circumstances.
 
Where your employer has subscribed to WNDYR products such as Pattyrn directly, your employer and WNDYR are joint Data Controllers.
 
By using our site, you agree that you have read our online Privacy Policy.

 
This Privacy Policy was last updated on 24 September 2018.
 

1. Introduction

We recognise the importance of protecting the privacy of Personal Data or personally identifiable information, being information which relates to an identifiable individual (“Personal Data”). We respect the rights of such individuals whose Personal Data we process (and in some cases as employer ourselves control) and the obligations imposed by applicable law and are committed to protecting your privacy in accordance with the The General Data Protection Regulation (GDPR) (EU) 2016/679 (“GDPR”) as implemented in UK, the ePrivacy Directive and other applicable law, (the “Data Protection Acts”) and Statutory Instrument 336 of 2011 - European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011. The following Privacy Policy discloses what information we gather, how we use it, and how to correct or change it.
 
We do not collect any information from anyone under 16 years of age. Our website, products and services are all directed to people who are at least 16 years old or older.
 
We reserve the right, in our sole discretion, to modify, alter or update our Privacy Policy at any time. Such modifications, alterations, and updates shall be effective immediately upon posting. Your continued use of this website following the posting of a modified, altered, or updated Privacy Policy will mean you accept those modifications, alterations or updates.
 

2. Data Controller (WNDYR Personnel), EU Representative, Data Protection Officer, Data Processor (all deployments and services)

2.1 Data Controller (WNDYR Personnel)
Where you apply to or do join the WNDYR personnel team, the Data Controller controlling the means of processing of your Personal Data and the purposes of such processing (subject to the circumstances in clause 2.4 below) is:
 
WNDYR Inc
reg no. 821252534
2021 McKinney Ave, Suite 430, Dallas, TX 75201
general info email - admin@wndyr.com
 
Similarly, when you contact us through this website by way of a general enquiry or in order to find out more about one of our products (such as Pattyrn), you consent to our retention of your email address and name for the purpose of responding to your enquiry. We shall hold this personal data as Data Controller in accordance with this Policy. Where your employer has subscribed to Pattyrn and submitted your Personal Data, its privacy policy notice and contract with you will apply. In the first instance you should address any queries to your employer. We shall also control and process such Personal Data as this policy provides in order to fulfill our contract with your employer and otherwise for legitimate purposes within GDPR.
 
2.2 EU Representative
Where one of the WNDYR group companies is responsible for controlling or processing Personal Data outside the EU, WNDYR Limited registered in Ireland is its EU representative.
 
WNDYR Limited (trading as WNDYR)
Registered in Ireland with company number 470526
Registered address in Ireland at: 5th Floor, 5 Lapp’s Quay, Cork
 
Office address: Suite 55, 20 Harcourt Street, Dublin 2 Co Dublin, Republic of Ireland
Tel: +35386 1407872
Email: accounts@wndyr.com or daphne@wndyr.com
 
2.3 Data Protection Officer
WNDYR’s data protection officer can be contacted as follows:
 
DPO@wndyr.com
 
Tel: +353 (0)86 140 7872 and ask for the DPO.
 
2.4 Data Processor (WNDYR Processing on Behalf of Deployment Partner or Clients)
Where we process your Personal Data on behalf of one of our deployment partners or clients, we shall not be controlling the means of processing nor the purposes for which the Personal Data is processed. In those circumstances it will be the deployment partner (or client who is your employer) who is the Data Controller primarily responsible for your Personal Data; we shall be a data processor acting upon the instructions of that deployment partner (or your employer) with whom you are contracted. In the first instance you should direct any queries regarding your Personal Data to that deployment partner (or employer) with whom you have a contract.
 

3. Purpose of the Processing and the Legal Basis for the Processing

We gather two types of information when providing services or products to you:
 
3.1 Personal Data:
 
3.1.1 Contact Us
We collect information from you when you register on our site or fill out a form.
When registering on our site, through the “Set Up A Call” page or any other area where you may submit your CV, request newsletters / blogs or provide feedback, or consent to the provision to us of your details by a webinar or seminar organiser, you may be asked to enter your: name, e-mail, address and/or telephone number information as appropriate. This information will only be used by us in accordance with the terms herein, to enable us to contact you and discuss what products (eg Pattyrn) and/or services we can provide to you now or in the future.
 
3.1.2 Deployment Services
When you or your employer contracts with us in respect of one or more of the products and/or services which we offer on our own behalf or on behalf of our deployment partners, you may be asked by that entity which provides the Personal Data on your behalf to us to read their privacy policy, since they will be your Data Controller. We use this information supplied by such third parties, so that we can fulfill our contractual obligations to them and provide to our deployment partners and customers the goods and services, privacy and data protection content, certification and training which we have contracted to provide. Your provision of this Personal Data will enable you and your employer to participate in features of the service and notify you about changes to the service. In any event, however, we require this Personal Data in order to be able to complete our contractual obligations to your employer.
 
The provision of your Personal Data is voluntary. However, if you do not provide us with the required Personal Data, we may not be able to provide you or your employer with the product/service requested.
 
3.1.3 WNDYR Team
Where you provide your Personal Data to us as a prospective or current member of the WNDYR team, this enables WNDYR to fulfill its contractual obligations to you and/or is necessary for legitimate purposes. You will receive GDPR training and this Privacy Policy is an important part of that training.
 
3.1.4 Pattyrn
Where you provide your Personal Data to your employer which has subscribed to Pattyrn directly with WNDYR, this enables WNDYR to fulfill its contractual obligations to your employer and/or is necessary for legitimate purposes. You will receive your employer’s privacy policy as well as this Privacy Policy, which each set out your rights and how your Personal Data may be processed.
 
3.2 Non-Personal Data:
We may collect information about your visit to and use of this site, including sales data, traffic data and related site information. We may also collect anonymised information during the course of deployments which we provide. This information helps us to evaluate and improve our site and services and may also be used for investment analysis purposes. As Non-Personal Data does not personally identify you, we may use it for any purpose.
 

4. What Categories of Personal Data We collect, How We Collect and Use (process) it and for What Purpose(s)

 
4.1 Categories
With a few exceptions, this information is limited to the kinds of information that can be found on a business card: first name, last name, job title, employer name, work address, work email, and work phone number.
 
4.2 How We Collect It
We collect your Personal Data as this Privacy Policy further describes when:
 
4.2.1 we are contracted with a deployment partner and the information is collected by them within their system.
 
4.2.2 you apply to join the WNDYR team or contract with us directly;
 
4.2.3 when you use this site, register as a user or we collect information from you with your consent from live lectures (webinars or seminars) which you attend when one of our personnel is speaking;
 
4.2.4 when your employer subscribes to one of our products, Pattyrn.
 
4.3 What We Use Your Personal Data For
We, and our third party deployment partners (and your employer) with whom you are contracted (where applicable), collect information from you within the relevant deployment partner’s own system, which may be used as follows:
 
Purpose
Where you have subscribed to a third party deployment partner service and we are providing that service on behalf of that third party, we shall process and administer your Personal Data and process transactions, fulfil your employer’s requests, orders and/or to provide other information they have requested. We shall process Personal Data in accordance with that third party’s instructions, as controlled by them (clause 2.4 above refers).
We require this Personal Data in order to be able to complete our contractual obligations to our deployment partner with whom you have contracted.
Complete delivery of your employer’s order for our products or services.
We require this Personal Data in order to be able to complete our contractual obligations to our deployment partner where you are contracted with them.
Provide Pattyrn product and services pursuant to our contract with your employer.
Retain order details for repeat orders and/or when your employers has opened an account with us and/or where you request us or our deployment partners to do so We require this Personal Data in order to be able to complete our contractual obligations to our deployment partner with whom you or your employer has contracted.
Personalize your experience
Improve our website and make the website easier for you to use.
Our Cookie Policy applies.
Improve customer service
To respond to your enquiries or comments submitted through our website
Send periodic emails .
You consent when you Contact Us through this website or provide consent to the organiser of a webinar or seminar where you request such updates from WNDYR expressly.
Notify you about important news or blogs concerning our products, industry updates, events, promotions and competitions, reports and other information.
You consent when you Contact Us through this website or provide consent to the organiser of a webinar or seminar where you request such updates from WNDYR expressly.
Match Personal Data with third party data. Also, we may keep track of what portions of the website and app users are visiting and other user statistics, and aggregate this information to help us create a better experience for users of our website. This is all done in order to describe our products and services to prospective partners, advertisers, and other third parties, and for other lawful purposes.
Our Cookie Policy applies.
Promote our products and services on our website and third party partners’ websites.
Provide you with information about products and services that you request from us or, where you have consented to be contacted, for such purposes which we feel may interest you.
To obtain your feedback.
Create statistical reporting regarding our web activities.
Our Cookie Policy refers.
In addition, in order to carry out our lawful activities and for legitimate purposes, we may collect and process your Personal Data to:
Allow you to use interactive features in our services.
Retain a record of incoming and outgoing communications (e.g. email).
In respect of our resources, communications may be subject to automated monitoring to ensure that ours and our partners’ confidential information and personal data are protected as our GDPR policies provide and to detect breaches of security.
Protect the security and integrity of the website and our services.
Prevent and detect fraud or other prohibited or illegal activity.
In response to a court order, request for cooperation from a law enforcement or other government agency.
To permit applications for employment with us and related activities to such applications and contracts for service or services.
To establish or exercise legal rights.
To bring or defend legal claims.
For responsible corporate governance or as otherwise required or permitted by applicable laws and/or regulations.
In circumstances in which we believe disclosure is appropriate in connection with fraud prevention and prevention of other illegal, or unlawful activity or any other activity which is or may be contrary to our legal and regulatory compliance obligations.
To protect and defend the rights, property or safety of WNDYR and/or other companies in the WNDYR group, its/their investors and other clients, staff, and/or service providers.
 
We continually strive to improve our services and the website offerings based on the information and feedback we receive from you. Your information helps us to respond more effectively to your requests and support your needs. Note: If at any time (other than in relation to a deployment contract with your employer) you would like to unsubscribe from receiving future communications, we include detailed unsubscribe instructions at the bottom of each communication.
 

5. Your Rights in respect of your Personal Data

This Privacy Notice is intended to provide you with information about what Personal Data WNDYR collects about you and how it is used. If you have any questions, please contact us at accounts@wndyr.com or DPO@wndyr.com.
 
If you wish to confirm that WNDYR is processing your Personal Data, or to have access to the Personal Data WNDYR may have about you, please contact us at accounts@wndyr.com or DPO@wndyr.com.
 
1. You have various rights in respect of your Personal Data which can be summarised as follows:
2. The right to be informed. Where WNDYR intends to collect your Personal Data, where this is not for fulfilling a contractual obligation owed by WNDYR to a deployment partner, you have a right to consent or object to such collection for the intended purposes. In respect of each intended purpose you will be asked to tick box to indicate your consent to each intended purpose for processing of your Personal Data
3. The right of access. You may request to receive a copy of any Personal Data held by us, which personally identifies you. We may ask you to verify your identity and for more information about your request
4. The right to rectification. We will correct or erase inaccuracies in the information we hold about you when we learn of the inaccuracy
5. The right to erasure. Personal Data may be erased if we do not have a contractual or legitimate reason for retaining the information
6. The right to restrict processing
7. The right to data portability
8. The right to object
Rights in relation to automated decision making and profiling. WNDYR does not carry out any automated decision making
 
Please contact WNDYR in writing with any requests and provide verification that you are who you say that you are.
If you are an employee of one of our deployment partners or Pattyrn customers, we suggest that in the first instance you contact your employer who is a Data Controller.

 

6. The Right to Lodge a Complaint with a Supervisory Authority

If you have a reason to complain about how your Personal Data has been controlled and processed by WNDYR, please in the first instance contact your employer or WNDYR and we shall endeavour to resolve your queries promptly. If you remain unsatisfied, you may lodge a complaint with:
 
Data Protection Commission,
 
Address: Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland.
 
Phone +353 (0761) 104 800 | LoCall 1890 25 22 31 | Fax +353 57 868 4757 | email info@dataprotection.ie
 
You may use this form: https://www.dataprotection.ie/docs/raise-a-concern-Form/m/1727.htm
 
Please copy any such communication to us so that we can work to resolve any outstanding issues promptly.
 

7. Disclosure of Personal Data

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the product or service requested.
 
We may disclose your Personal Data within the WNDYR group, to the deployment partner or your employer with whom you are contracted (where applicable) professional advisers, and to such other third parties as may reasonably be required in connection with the purposes referred to in this Privacy Policy, such as operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. The providers of any deployment partner contracted with you shall have direct access to your Personal Data and the service shall be provided to you by us on their behalf, under their control and at their instruction. We reserve the right to disclose any and all pertinent information to law enforcement or other governmental officials as we, in our sole discretion, believe necessary or appropriate.
 
The disclosures of your Personal Data described in this Privacy Policy may, if the deployment partner or Pattyrn customer contracted with you is outside of the European Economic Area (EEA), or you yourself are (or your employer who passed us the Personal Data is) based outside the European Economic Area (EEA), involve the transfer, storage or processing of your Personal Data to such country, where the level of data protection is not as high as in the EEA. By providing us with your Personal Data in such circumstances you agree to such transfers of your Personal Data. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Policy. However, in such circumstances the deployment partner with whom you contracted (and if it is your employer who has passed to us your Personal Data to fulfill a contractual obligation) is the Data Controller to whom any concerns that you may have in respect of your Personal Data should be addressed in the first instance, as we act upon the written instructions of such third party Data Controller.
 
We may also disclose Personal Data in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our deployment Terms of Service, or may be causing injury to or interference with any of our rights or property, other users, or anyone else. We may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.
 

8. Transferring Personal Data to the US or EU

The personal information WNDYR collects from you is stored in one or more databases hosted by third parties located in the United States. These third parties do not use or have access to your personal information for any purpose other than cloud storage and retrieval.
 
Where deployment partners are based in the United States and you have contracted with or are employed by that deployment partner or Pattyrn customer, information we collect from you may be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. WNDYR relies on derogations for specific situations as set forth in Article 49 of the GDPR and the deployment partner’s/Pattyrn customer’s Privacy Shield. In particular, WNDYR collects and transfers to the U.S. Personal Data only: with your consent; to perform a contract with you or your employer; or to fulfil a compelling legitimate interest of WNDYR in a manner that does not outweigh your rights and freedoms. WNDYR endeavours to apply suitable safeguards to protect the privacy and security of your Personal Data and to use it only consistent with your relationship with WNDYR and the practices described in this Privacy Policy. WNDYR also minimizes the risk to your rights and freedoms by not collecting or storing sensitive information about you.
 

9. Security of your Personal Data

To help protect the privacy of data and personally identifiable information processed by us, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your Personal Data to those WNDYR personnel who need to know that information to provide benefits or services to you. In addition, we train our personnel about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees' privacy responsibilities.
 

10. Retention Period

We shall retain and store your Personal Data securely and for as long as necessary in order to fulfil our and our deployment partners’ or Pattyrn customers’ (where applicable) contracts with you. We shall then only retain Personal Data for as long as necessary to comply with our legal obligations under relevant law and our legitimate interests.
 
For more information on where and how long your Personal Data is stored, and for more information on your rights of erasure and portability, please contact the WNDYR’s data protection officer at accounts@wndyr.com or DPO@wndyr.com.
 

11. Terms of Service and Cookies

Please also visit our Terms of Service section establishing the use, disclaimers, and limitations of liability governing the use of our website at https://wndyr.com/
 
As is true of most other websites, the WNDYR website collects certain information automatically and stores it in log files. The information may include internet protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, browser type, operating system and other usage information about the use of the WNDYR website, including a history of the pages you view. We use this information to help us design our site to better suit our users’ needs. We may also use your IP address to help diagnose problems with our server and to administer our website, analyze trends, track visitor movements, and gather broad demographic information that assists us in identifying visitor preferences. The WNDYR website also uses cookies and web beacons. It does not track users when they cross to third party websites, does not provide targeted advertising to them, and therefore does not respond to Do Not Track (DNT) signals.
 
Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. Cookies make web-surfing easier for you by saving your preferences so that we can use the saved information to facilitate your use of our website when you return to the website. The use of cookies is an industry standard, and as such, you will find that most major websites use them.
 
We use cookies to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
 
Please see our Cookie Policy For More Detail.
 

12. Changes to our Privacy Policy

If we decide to change our Privacy Policy, we will post those changes on this page. We reserve the right to amend the Privacy Policy and Terms of Service at any time, for any reason, without notice to you, other than the posting of the amended Privacy Policy and Terms of Service at this site. We may communicate periodic reminders of our notices and terms and conditions and will communicate with deployment partners (or your employer, where applicable) of material changes thereto, but you should check our site frequently to see the current Privacy Policy and Terms of Service that is in effect and any changes that may have been made to it.
 

13. Contacting Us

If there are any questions regarding this Privacy Policy you may contact us.
 
Deployments. Where we process your Personal Data on behalf of one of our deployment partners, or on behalf of your employer, we shall not be controlling the means of processing nor the purposes for which the Personal Data is processed. In those circumstances it will be the deployment partner (and/or your employer) who is the Data Controller primarily responsible for your Personal Data; in the first instance you should direct any queries to that deployment partner and employer with whom you have a contract.
 

COOKIE POLICY

When you first use this site, once you take any action at all, you will consent to the cookies being enabled. You will receive notification to this effect.
 
WNDYR respects the privacy of all visitors to our website. This Cookie Policy outlines our policy concerning the use of cookies on this website. We may update our Cookie Policy from time to time to reflect any changes in technology or legislation which may affect the way in which cookies are used by us and how you as a user, can manage them and we will publish any updates on this website.
 
Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. Cookies make web-surfing easier for you by saving your preferences so that we can use the saved information to facilitate your use of our website when you return to the website. The use of cookies is an industry standard, and as such, you will find that most major websites use them.
 
We use cookies to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
 
Most cookies expire after a defined period of time, or you can delete your cookie file at any time. Most web browsers are initially set up to accept cookies. You can reset your web browser to disable cookies or to indicate when a cookie is being sent. However, note that some parts of our Service may not function properly or may be considerably slower if you refuse cookies. Additional information about cookies, including opting-out of certain cookies, please visit: www.aboutcookies.org.
 
When you use this website the following types of cookies can be set on your device:
 
1. Strictly Necessary Cookies
These cookies enable Services that you have specifically asked for. These cookies do not usually contain any personally identifiable information and are typically set by websites to provide services such as eCommerce and log in facilities. For example, these cookies identify you as being signed in to websites and enable you to remain logged in throughout your visit;
 
Our content management system (CMS) uses session cookies that cannot be disabled.
 
2. Performance Cookies
These cookies are used to collect statistical information about visitors of the website and the pages they view.
 
These cookies do not collect information that identifies a visitor. The information these cookies collects is aggregated and used anonymously. We use these cookies to understand what content is popular which helps us to improve our website.
 
3. Functional Cookies
These cookies allow the website to remember choices you make and provide enhanced and more personal features. Some examples of such features include:
 
Remembering your preferences and settings such as redirect to mobile version of the site when you are browsing with a smartphone
Remembering your favourites when browsing particular websites
 
If you have an account on a particular website, a cookie on your computer lets the website remember your user name and email address so you don't have to enter it again when you are commenting or writing a review.
 
4. Other Third Party Cookies
Some cookies that have been set on our websites are not related to WNDYR. When you visit a page with content embedded from, for example, YouTube or Facebook, these service providers may set their own cookies on your web browser. We do not control the use of these cookies and cannot access them due to the way that cookies work, as cookies can only be accessed by the party who originally set them. You should check the third party websites for more information about these cookies.