General
To comply with the new EU General Data Protection Regulation, which comes into effect May 25th 2018, Wodify has updated the Privacy Policy. If you have registered for a User Account before May 25th 2018, Wodify requires you to read and review this Privacy Policy carefully and agree to it. This Privacy Policy will automatically come into effect for all existing users on May 25th 2018.
At Wodify Technologies, LLC and its worldwide subsidiaries and affiliates that comprise the Wodify Family of Companies (referred to as “Wodify,” “us” or “we”), we recognize that your privacy is important and have implemented this version of our Privacy Policy ("Policy").
This Policy discloses the privacy practices for Wodify’s family of websites and mobile applications (the “Websites”), as well as related products and services we may offer to you (collectively, the “Services").
This Policy also covers how personal and other information that we receive about you is collected through your use of our Services. Please read the information below and learn the following regarding your use of this Website.
Our Websites may contain links to other websites and the information gathering and retention policies of those websites is governed by the privacy statements of such other websites. You should review the privacy statements of any such other websites to understand how those websites' privacy policies apply to you.
We reserve the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and by updating any privacy information on this page. Your continued use of the Website and/or Services available through this Website after such modifications will constitute your acknowledgment and acceptance of the modified Policy.
IMPORTANT: To use the Website and/or offerings available on this Website, you must give your consent so that all Personal Data that you submit may be processed by us in the manner and for the purposes described below. If you do not agree with this Privacy Policy , please do not use the Website.
1. What type of information do we collect?
In order to better provide you with Services offered on the Website, we collect two kinds of information about our users: Personally Identifiable Information (“Personal Data”) and Aggregate Information.
Personal Data:
This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Website, such as registering for an account, downloading or purchasing a product or service, submitting content and/or posting content in the user forums, or sending us feedback, we may ask you to provide certain information about yourself.
This information is necessary for the adequate performance of the contractual relationship established between you and Wodify, to allow us to comply with our legal obligations and to provide and improve the functionalities of the Website, without this information we may not be able to provide you the requested products or services.
Services/User Account - When you sign up for a User Account, Wodify will collect and associate with your account your first and last name, date of birth, email address, mailing address (including zip code), employer, telephone, and payment info (such as payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, IBAN information, your address and other transaction related details).
Other Information - If you decide to use Wodify’s Website forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities, you may choose to provide us information when you fill in a form, conduct a search, respond to surveys, post to community forums.
Communication Services - If you use Wodify’s Website forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities, Wodify will store your files, messages, comments and photos, as well as any information related to it.
Aggregate information:
This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit our Website and what other sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website’s Uniform Resource Locator (“URL”) that points to the site you just came from, which URL you go to after visiting our Website, what browser you are using, and your Internet Protocol (“IP”) address.
2. How do we collect and use information?
We do not collect any Personal Data about you through the Website unless you voluntarily provide it to us. However, you may be required to provide certain Personal Data to us when you elect to use certain products or services available on the Website. These may include: (a) registering or activating an account on our Website; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting a web form or transmitting other information by telephone or letter; (f) registering or attending an event affiliated with Wodify or at which Wodify participates; (g) submitting your credit card or other payment information when ordering and purchasing products and services on our Website; or adding performance results through the Website.
We will only use your Personal Data in ways that are compatible with the purposes for which it was collected or as subsequently authorized by you. We will use your Personal Data to provide product or service offerings to you. We will also use certain forms of Personal Data to enhance the operation of our Website, improve our internal marketing and promotional efforts, statistically analyze Website use, improve our product and service offerings, and customize our Website’s content, layout, and services. We may use Personal Data to deliver information to you and to contact you regarding administrative notices. Finally, we may use your Personal Data to resolve disputes, troubleshooting problems and enforce our agreements with you, including our Website Terms of Use, and this Privacy Policy.
Service providers, agents and related third parties:
We sometimes hire third parties to perform certain business-related functions. When we employ a third party to perform a function of this nature, we may need to provide them with access to certain Personal Data. For example, in order to provide services to you, we may provide a limited amount of information about you to Full Contact, Inc. (“FullContact") so that FullContact can collect publicly available contact and social media information related to you such as email addresses, gender, company, job titles, photos, website URLs, social network handles and physical addresses. For more information on the privacy practices of FullContact, please see http://fullcontact.com/privacy. However, we only provide them with the information that they need to perform their specific function, and these third party service providers will only use your Personal Data to perform the services requested by us.
In order to process financial transactions, Wodify also uses Plaid Technologies, Inc. (“Plaid”) to gather your data from financial institutions. By using our service, you grant Wodify and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy at https://plaid.com/legal.
These third parties will access your information only to perform tasks on our behalf in compliance with this Privacy Policy, and Wodify will remain responsible for their handling of your information per our instructions. Wodify requires its agents and service providers that have access to Personal Data received by Wodify to provide at least the same level of privacy protection is required by this Privacy Policy. Where Wodify has knowledge that an agent or service provider is using or disclosing Personal Data in a manner contrary to this Privacy Policy, Wodify will take reasonable steps to prevent or stop the use or disclosure of such Personal Data.
Service providers may be located inside or outside of the European Economic Area (“EEA”).
Information collected with technology:
Information collected by our servers. To make our Website and Services more useful to you, our servers (which may be hosted by a third party service provider) collect your information, including your browser type, operating system, Internet Protocol ("IP") address (the number automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp of your visit.
Log Files - As is true with most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider ("ISP"), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Website, track users' movements around the Website, gather demographic information about our user base as a whole, and better tailor our Services to our users' needs. For example, some of the information may be collected so that when you visit the Website or the Services again, it will recognize you and the information could then be used to serve advertisements and other information considered appropriate towards your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.
Cookies -Like many online services, we use cookies to collect information. "Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. This type of information is collected to make the Website more useful to you and to tailor the experience with us to meet your special interests and needs. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Website may not function properly if you elect to disable cookies.
Pixel Tags - In addition, we use "Pixel Tags" (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user's computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user.
Mobile Services - We may also collect non-personal information from your mobile device if you have downloaded our mobile application(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the mobile application(s), and information about the type of device you use. In addition, in the event our mobile application(s) crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our mobile application(s). This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.
Analytics Tools - We use third party analytics tools to help measure traffic and usage trends for the Website, mobile applications and our Services. Analytics tools collect information sent by your mobile device, our Website or our Services, including the web pages you visit, add-ons and other information that helps us to improve the Website, mobile applications and the Services.
Location Information - If you have enabled location services on your phone, we collect your location information to make a map available to the recipients of your messages showing your location. If you do not want this information collected by us, you can disable location services on your phone.
3. Where do we store your personal data?
Your personal data will be stored and processed in our primary data store is located in Virginia, US. Some data, including personal but not sensitive user data such as name and email are replicated globally on our Content Delivery Network (CDN) powered by AWS in order to provide quicker speeds to access across the globe for features like global search and segmentation.
4. How do we handle data from international visitors and users?
Wodify is based in the United States and provides services globally. We primarily store personal information about website visitors and users within the European Economic Area (the “EEA”), the United States and in other countries and territories. To facilitate our global operations, we may transfer and access such personal information from around the world, including from other countries in which Wodify has operations for the purposes described in this Policy. We may also transfer your personal information to our third party sub-processors as detailed here, who may be located in a different country.
If you are an European Union (EU) citizen and your information is shared with corporate affiliates or third party service providers outside the EEA, we will, prior to sharing your information with such corporate affiliate or third party service provider, establish the necessary means to ensure an adequate level of data protection. This may be an adequacy decision of the European Commission confirming an adequate level of data protection in the respective non-EEA country or an agreement on the basis of the EU Model Clauses (a set of clauses issued by the European Commission). We will provide further information on the means to ensure an adequate level of data protection upon request.
If you are visiting our Websites from the EEA or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information to the United States and other jurisdictions in which we operate. By providing your Personal Data, you consent to any transfer and processing in accordance with this Policy. Please note, that for Users from the EEA all processing of Personal Data will be performed in accordance with the 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 to the free movement of such data and the implementations of this Regulation in local legislation.
5. EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
Considering that Wodify may transfer data from the European Union, the European Economic Area, and Switzerland, Wodify declares to act in accordance with the EU-U.S. and Swiss–U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the European Economic Area, and Switzerland to the United States.
Wodify has a Privacy Shield certification. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.
6. How do we share information with others?
We will not sell, trade or rent your Personal Data to others. If and whenever we intend to share your Personal Data with a third party (other than to a business partner as provided herein), you will be notified at the time of data collection or transfer, and you will have the option of not allowing the transfer. However, we may from time to time rent or sell demographic information in the aggregate which does not contain your Personal Data.
We do provide some of our product and service offerings through contractual arrangements made with affiliates, service providers, partners and other third parties (“third party service providers”). We and our third party service providers may need to use some Personal Data in order to perform tasks between our respective sites, or to deliver products or services to you. For example, your credit card information may be released to the card-issuing bank to confirm payment for products and services purchased on this Website; or provide order information to third parties that help us provide customer service.
We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
Some of our mobile applications and Services may enable you to post content to social networking sites (e.g., Facebook or Twitter) ("SNSs"). If you choose to do this, we will provide information to such SNSs in accordance with your choices. You acknowledge and agree that you are solely responsible for your use of those web sites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.
In some certain circumstances, we may be required by public, law enforcement or judicial authorities to provide Personal Data to the appropriate governmental authorities. In such cases, we will disclose Personal Data upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation or meet national security requirements. We may also disclose Personal Data information if we believe it is necessary in order to protect or defend the rights or property of Wodify or users of the Website or Services.
We may also provide Aggregate Information about our customers’ sales, traffic patterns, and related Website information to third party advertisers, but these statistics do not include any Personal Data.
7. What are my rights?
We may send you e-mails regarding new products and services that we feel may interest you. If you do not wish to receive emails of this nature, you may unsubscribe from the mail list using the "unsubscribe" feature that accompanies our emails or by contacting us at gdpr@wodify.com.
You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Website may not work properly in such case.
If you decide at any time that you no longer wish to have one or more of your SNS accounts (e.g., Facebook or Twitter) linked to your account, then you may de-link the SNS account in the "preferences" section in your account settings. You may also manage the sharing of certain Personal Data with us when you connect with us through an SNS, such as through Facebook Connect. Please refer to the privacy settings of the applicable SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device.
In addition, if we propose to use your Personal Data for any purposes other than those described in this Policy and/or in the specific notice provided when you sign up for a certain component of our Services, we will offer you an effective way to opt out of our use of your Personal Data for those other purposes.
Managing Your Information - You may access and update your information through your account settings or by contacting us at gdpr@wodify.com.
Data Access - You have the right to obtain from the controller confirmation as to whether or not your personal data is being processed, and, where that is the case, access to the personal data and relevant information. You also have the right to obtain a copy of the personal data undergoing processing.
Rectification of Inaccurate or Incomplete Information - You have the right to ask us to correct inaccurate or incomplete personal information.
“Right to be Forgotten” - You have the right to ask us the erasure of personal data if: i) the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed and there is no other legal ground for the processing; ii) you withdraw your consent or object to the processing of your personal data; iii) the personal data have been unlawfully processed; iv) the personal data have to be erased for compliance with a legal obligation to which the controller is subject.
Portability - You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
Withdrawing Consent - You may withdraw your consent at any time by changing your Account settings or by sending us a communication specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.
Restriction of Processing - You have the right to limit the ways in which we use your personal information, in particular where: i) you contest the accuracy of your personal information; ii) the processing is unlawful and you oppose the use of your personal information; iii) Wodify no longer needs your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; iv) you have objected to the processing for direct marketing purposes pending the verification whether the legitimate grounds of the controller override those of the data subject.
Right to Object - Where your personal information is processed for direct marketing purposes, including profiling, you may, at any time ask us to cease processing your data for these direct marketing purposes.
Lodging Complaints - You have the right to lodge complaints about the data processing activities carried out by Wodify before the competent data protection authorities of your country.
You may exercise any of the rights described in this section before by sending an email to gdpr@wodify.com. Wodify commits itself to respond to you within a maximum of 30 (thirty) days.
8. Restriction
Concerning the rights of the data subject described above, please note that the applicable laws may restrict the scope of the rights provided when such a restriction is a necessary and proportionate measure to safeguard: i) national and public security; ii) the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties; iii) other important objectives of general public interest; iv) the protection of judicial independence and judicial proceedings; v) the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions; vi) the monitoring and inspection of any regulatory function connected; vii) the protection of the data subject or the rights and freedoms of others; viii) the enforcement of civil law claims.
9. How do we secure your data and information?
Wodify is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your Account information. Please do not disclose your account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Wodify uses reasonable efforts to protect your Personal Data, Wodify cannot guarantee its absolute security.
10. Data Retention
Wodify will retain your personal information for as long as necessary towards the performance of the contract between you and us and to comply with our legal obligations. If your personal data is no longer required in order to fulfill contractual or statutory obligations, it will be deleted, unless its further processing is required for the following purposes: preservation of records according to commercial and tax law or other legal obligations; exercise the right of freedom of expression and information; exercise of or reply to any legal claims.
11. Information Security Breach and Data breach
Wodify will notify you and the competent supervisory authority, immediately and in writing, of any infringements on processing of Personal Data, any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed or any of the obligations specified in this Privacy Policy as well as information about initiatives to safeguard against future security breach.
12. What exclusions are there to the Privacy Policy?
This Privacy Policy shall not apply to any unsolicited information you provide to us. This includes, but is not limited to, information posted in any public areas of our website, such as the Coachboard, the Whiteboard, any ideas for new products or modifications to existing services and other unsolicited submissions (collectively, “Unsolicited Information”), including all User Content, as that term is defined in Wodify’s Terms of Use, that by its nature is accessible or intended to be accessible to other users of the Services.
All such Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose and distribute such Unsolicited Information to others without limitation or attribution.
You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, etc.) in the discussion forums or other public areas on our Website, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Policy does not apply to such information. Please consult our Website Terms and Conditions of Use Agreement for our Website Conduct policies at https://www.wodify.com/terms
If you have any questions, concerns, or inquiries about our Privacy Policy, our use of your Personal Data, or our privacy practices, please contact us at: gdpr@wodify.com. You may also send written correspondence to:
226 Haddonfield Rd, Suite 300
Cherry Hill, NJ 08002 - United States
13. Wodify’s Representative in the European Union
As mentioned above, Wodify will primarily store and process the Personal Data of all users in the United States and therefore appoints, under the terms and for the purposes of the article 27, of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, Wodify Technologies Unipessoal Lda. (Identification) as Wodify’s EU Representative to be addressed in addition to or instead of Wodify by supervisory authorities and data subjects, on all issues related to processing of Personal Data.
The designation of Wodify Technologies Unipessoal Lda. as EU Representative shall not limit or exclude Wodify’s responsibility or liability under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 or any national data protection laws and regulations.
14. Data Protection Officer
Wodify has a data protection officer who is responsible for matters relating to privacy and data protection and may be reached at the following address:
226 Haddonfield Rd, Suite 300
Cherry Hill, NJ 08002 - United States
