1. PARTIES
1.1. This Privacy Policy describes how Wispform, LLC ("Wispform"), a limited liability company incorporated in New Zealand (“us”, “we”), collects, uses, stores, shares and protects your information in connection with services offered by Wispform as a data controller and/or processor including, but not limited to, services provided at or using the domain wispform.com (the “Site”); tools or applications including, but not limited to, mobile and other software applications related to the Site (the “Applications”); and images, text, playlists, metadata, and other material available through the Service (the “Content”) (collectively, the “Service”).
1.2. This Privacy Policy applies when you (“you”, “User” or “Respondent”) access, visit or use any portion of the Service. For the purposes of this Privacy Policy, a “User” is a person who creates and distributes Wispforms online (data controller of Respondents data and data subject for your own data, as direct client of Wispform), and a “Respondent” is a person who answers those Wispforms (data subject of user).
1.3. This Privacy Policy is part of, and is governed by, the terms and conditions set forth in the Wispform Terms of Service.
2. AGREEMENT TO TERMS OF PRIVACY POLICY
2.1. Any Service provided by Wispform is purely voluntary. You are not required to provide any personal information to us unless you choose to access features of the Service that require such information. If you do not agree with the terms of this policy or Wispform’s Terms of Service related to the Service, then please do not provide us with personal information, exit the Applications immediately, and refrain from using the Service.
2.2. Accordingly, by creating a Wispform Account (as defined in the Terms of Service), or by otherwise accessing, visiting or using the Service, you expressly consent to our collection, use, disclosure and retention of your information as described in this Privacy Policy and in the Wispform Terms of Service.
3. CHANGES TO THE PRIVACY POLICY
3.1. We may amend this Privacy Policy from time to time. You may be required to accept the amended Privacy Policy upon logging in to your Wispform Account in order to keep using the Service. Alternatively, we may post any material changes to this Privacy Policy on the Site with a notice advising of the changes in advance of the effective date of the changes. If you do not agree to the new Privacy Policy, you may terminate using the Service within the applicable thirty (30) day period and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days.
4. RIGHTS TO ACCESS, RECTIFICATION OR ERASURE, RESTRICTION AND OBJECTION, OF PROCESSING
4.1. You have the right to access, rectification, opposition, erasure (“right to be forgotten”), and right to restriction of processing of your personal data by directing any such requests to [email protected].
5. PERSONAL INFORMATION ABOUT USERS AND RESPONDENTS
Wispform is used by Wispform “Users” and by Wispform “Respondents”. The information we receive from Users and Respondents and how we handle it differs, as set out below.
5.1. Wispform USERS
As a User, we collect information relating to you and your use of our Services from a variety of sources:
(i) Information we collect directly from the User
a) Registration information: information you provide to us when you register for an account.
b) “My Account” settings: you can view and edit various preferences and personal details on “My Account” settings.
c) Wispform data: We store your Wispform data (questions and responses) for you.
d) Plan + Billing info: we store information about your Plan. If you subscribe to a paid plan, we require you to provide your billing details.
e) Other data you want to share: We may collect your personal information or data if you submit it to us in other contexts. For example, if you provide us with a testimonial, or when running a contest with Wispform.
(ii) Information we collect about the User indirectly or passively when interacting with us
a) Usage data: Wispform collects usage data about Users whenever they interact with our services, including information they have elected to make publicly available.
b) Device and application data: Wispform collects data from the device and application the User uses to access our services, such as the IP address and browser type. We may also infer the geographic location based on the User IP address.
c) Referral data: if the User arrives at a Wispform website from an external source (such as a link on another website or in an email), we record information about the source that referred the User to us.
d) Information from third parties: Wispform may collect User personal information or data from third parties if the User gives permission to those third parties to share such information with others or the data is extracted from publicly accessible sources.
For example, Wispform may share minimal service data with a select third-party for data enrichment purposes, provided that User has given prior permission to those third parties to share such information with other parties (i.e. Wispform may share Users’ email addresses with a third party to obtain some information like company name etc) or it comes from publicly accessible sources like social media profiles. Enriching data allows us to analyse a deeper subset of data from which we may present personalized content. Prior to sharing data with any data enrichment vendor, Wispform signs the corresponding Data Protection Agreement with the vendor to ensure that the data is adequately protected, that it has been lawfully obtained by vendors enabling Wispform to use such data in connection with the Services, and to ensure vendors adopt adequate security controls.
e) Information from cookies and page tags: Wispform uses third party tracking services that employ cookies and page tags (also known as web beacons or web bugs) when applicable to collect aggregated and anonymized data about visitors to our websites. This data may include usage and User statistics.
5.2 Wispform RESPONDENTS
As a Respondent, when you respond to Wispforms hosted by Wispform, we collect, on behalf and upon instructions of Wispform’s Users, information relating to you and your use of our services from a variety of sources:
(i) Information we collect directly from the Respondent: Wispform responses
We collect and store the Wispforms responses from Respondents. The Wispform User is responsible for that data and manages it. The Wispform User is usually the same person that invited the Respondent to take the Wispform and sometimes they have their own privacy policy.
When responding to a Wispform you may provide personal information or data. Please note that Wispform is not responsible for the content of that Wispform, so if you have any questions about a Wispform you are taking, please contact the Wispform User directly.
(ii) Information we collect about the Respondent from other sources on behalf of Wispform’s Users
a) Usage data: on behalf of Wispform Users, Wispform collects usage data about Respondents whenever they interact with our services.
b) Device and application data: on behalf of Wispform Users, Wispform collects data from the device and application the Respondent uses to access our services, such as, among other, the IP address, browser type and operating system. We may also infer the geographic location based on the Respondent IP address.
c) Referral data: on behalf of Wispform Users, Wispform records information about the source that referred the Respondent to a Wispform (i.e. a link on a website or in an email).
d) Information from cookies and page tags: Wispform uses third party tracking services that employ cookies and page tags when applicable (also known as web beacons or web bugs) to collect aggregated and anonymized data about visitors to our websites. This data may include usage and User statistics.
e) Email address: Wispform records the email address if the User/Respondent provides it to us in order to send the Respondent a Wispform notification email.
(iii) Wispform’S obligations as data processor when processing Respondents’ data on behalf of Users
When Wispform is processing Respondents’ Data on behalf of Users, the User who creates the Wispform is the Data Controller in relation with the data of Respondents using such Wispform, and Wispform is the Data Processor of such Respondents data (hereinafter, User shall be referred to as the “Data Controller” and Wispform as the “Data Processor”).
For the processing of Respondents’ data on behalf of the Data Controller, the Data Processor undertakes to fulfil the following obligations:
a) To treat the personal data only to carry out the provision of the contracted Services, in accordance with the instructions given in writing, at any time, by the Data Controller (unless there is a legal rule that requires complementary processing, in such a case, the Data Processor will inform the Data Controller of that legal requirement prior to the processing, unless the Law prohibits it on public interest grounds).
b) To maintain the duty of secrecy with respect to the personal data to which the Data Processor has access, even after the termination of the contractual relationship.
c) To ensure, taking into account the available technology, the costs of implementation, and the nature, scope, context and purposes of the processing, as well as the risks of varying probability and severity for the rights and freedoms of natural persons, that they will apply adequate technical and organizational measures to ensure a level of security appropriate to the risk, including, where appropriate, among other things:
-The pseudonymisation and encryption
-The ability of ensuring the continued confidentiality, integrity, availability and resilience of the systems and services ;
-A process of regular verification, evaluation and assessment of the effectiveness of the technical and organizational measures in order to ensure the safety of the processing.
When evaluating the adequacy of the security level, special account shall be taken of the risks presented by the data processing, in particular as a consequence of the destruction, loss or accidental or unlawful alteration of the personal data transmitted, stored or otherwise processed, or the communication or unauthorized access to such data.
In the event that the implementation of specific and concrete security measures is needed, those measures will be added to this Agreement by means of an Annex.
d) To keep under their control and custody the personal data to which they have access in relation with the provision of the Service, and to not disclose them, neither transfer or otherwise communicate them, not even for their preservation, to persons unrelated with the provision of the Service covered by this Agreement.
In any case, access to the data made by natural persons who render their services to the Data Processor, acting within the organizational framework of the latter by virtue of a commercial and non-labour relationship, is authorized. In addition, access to the data is granted to companies and professionals that the Data Processor has hired in their internal organizational framework in order to provide general or maintenance services (computer services, consulting, audits, etc.), as long as such tasks have not been arranged by the Data Processor with the purpose of subcontracting with a third party all or part of the Services provided to the Data Controller.
e) To delete or return to the Data Controller, at their choice, all personal data to which they have had access in order to provide the Service. Likewise, the Data Processor undertakes to delete the existing copies, unless there is a legal rule that requires the preservation of the personal data. However, employees and other personnel working for the Data Processor are entitled to access Users and Respondents data as required to carry out their obligations under the terms of their contract.
f) To notify the Data Controller, without undue delay, of any personal data security breaches of which he is aware, giving support to the Data Controller in the notification to the Spanish Data Protection Agency or other competent Control Authority and, if applicable, to the interested parties of the security breaches that occur, as well as to provide support, when necessary, in the carrying-out of privacy impact assessments and to assist the Data Controller so they can fulfil the obligation of responding the requests to exercise certain rights.
g) To bring, in writing, a record of all categories of processing activities performed on behalf of the Data Controller.
h) To cooperate with control authorities, at its request, in the fulfilment of its power.
i) To make available to the Data Controller the whole information necessary to demonstrate the fulfilment of the obligations established under this Agreement, as well as to allow and contribute to the performance of audits, including inspections, by the Data Controller or by a third party authorized by them.
If the Data Processor or any of his Subcontractors violates this Agreement or any regulation when determining the purposes and means of the processing, they shall be held responsible for such processing. Furthermore, if such Subcontractors are based in countries which do not have a legislation on data protection which is equivalent to the EU legislation (“Third Countries”), Data Processor shall establish all safeguards required by the EU legislation in order to comply with all obligations arising from transfers of data to Third Countries, and shall promptly inform Data Controller about such safeguards if so requested.
6. PURPOSES AND LEGITIMATE BASIS OF THE USE AND SHARING INFORMATION
PURPOSES OF PROCESSING
6.1. We use the information we collect from you to perform the services requested in connection with the “Wispform Account” selected for the purposes described in the Terms of Service.
6.2. We also use your information to review, investigate and analyze how to improve the services provided. We may also collect and analyze your data to monitor, maintain and improve our services and features.
6.3. We may internally perform statistical and other analysis on information we collect (technical and meta data) to analyze and measure user behavior and trends, to understand how people use our services, in order to. Improve and optimize our performance of such services, and to monitor, troubleshoot and improve our services, including to help us evaluate or devise new features.
6.4. We may use your information for internal purposes designed to keep our services secure and operational, such as testing purposes, troubleshooting, to prevent abusive activity (i.e. fraud, spam, phishing activities), and for service improvement, research and development purposes.
6.5. We’ll be sending you Wispform product intro, tips and inspirational use cases and user stories by any means, including email and similar means of electronic communication like personalised advertisements as part of providing relevant content helpful to use our services effectively. In order to customize such information and commercial communications as much as possible, Wispform may use statistical techniques that allow the creation of user profiles and data segmentation.
6.6. We do not sell your Wispform data to third parties without your permission. We share your information with our service providers who help us to provide our services to you, in which case those third parties are required to comply with our privacy policy and any other adequate technical and organizational measures. We contractually bind these service providers by the corresponding Data Processing Agreements to keep your information confidential and to use it only for the purpose of providing their services and pursuant to the applicable privacy legislation in the EU.
Wispform complies with the GDPR framework as set forth by the EU regarding the collection, use, and retention of personal data from EU member countries. If you are located outside the EU and choose to use the Service or provide your information to us, please note that your information may be transferred, processed and stored by our service providers in other non-EU countries. Privacy laws of the European Union and third countries may not be as protective as those in your jurisdiction. Your agreement to the terms of this Privacy Policy followed by your submission of information in connection with the Service represents your agreement to this practice. If you do not want your information transferred to or processed or stored in the EU or in the United States, you should not use the Service.If you are located in the EU, we guarantee that we will only transfer your data to companies that have signed our Data Privacy Agreement or that are registered with the Privacy Shield, to ensure a level of data protection compliant with the GDPR.
6.8. Your data is not disclosed to any third party except (i) for providing the services you requested and for which Wispform collaborates with third parties, (ii) when we have your permission, (iii) when it is required by a competent authority in the exercise of its duties (for example in order to investigate, prevent or take action regarding illegal activities) or (iv) as otherwise required by law.
6.9 We do not use your Wispform data other than as described in this Privacy Policy and the Terms of Service.
7. LEGITIMATE BASIS OF PROCESSING
Wispform use of your data for the purposes described above is based on the following legitimate basis:
7.1 Users’ Data
If you are a User, we are entitled to use your data in order to fulfil our contractual obligations with you and, if you are acting on behalf of a legal person, we have a legitimate interest to use your data in order to maintain the relation with your company as a Wispform client.
In addition, we are entitled by law to use your data for direct marketing purposes, in order to send you commercial communications related with Wispform products or services which are similar to the Services, since legislation on data privacy recognizes direct marketing to clients as a legitimate interest of use of personal data, and legislation on information society services expressly allows Wispform to send you commercial communications by electronic means, provided that they are related with products or services which are similar to the Services. In any case, you are entitled to ask us, now or at any moment, not to send you any commercial communications. If you don’t want us to send you commercial communications, you can do it, now or at any moment, by changing the communication preferences in your account settings page Additionally, all commercial communications you might receive in the future, will include an easy and free-of-charge way for you to ask us not to receive further commercial communications.
7.2 Respondents’ Data
If you are a Respondent, we are processing your data as Data Processor of the User that invited you to take the Wispform, so we suggest that you read carefully the own privacy policies that such User might have established for the use of your data as a Respondent
8. COOKIES
8.1 A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity throughout the Wispform Service and that information helps us to understand your preferences and improve your experience.
9. MODIFYING PERSONAL INFORMATION
9.1 We will promptly fulfill requests to delete personal data unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data, if required by law).
9.2 You may modify your personal information by logging in and visiting your settings at “My Account” page and “Plan + Billing” page, following the instructions provided, or open a support ticket from our Help Centre.
9.3 We encourage you promptly to update your personal information when it changes. Information concerning your past behavior with the Service may be retained by Wispform as long as necessary for the purposes set out below.
10. RETENTION OF YOUR INFORMATION
10.1. We retain information for active Wispform Accounts as long as it is necessary and relevant for our operations. In addition, we may retain information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce the Wispform Terms of Service and take other actions permitted by law.
10.2. The information we retain about you will be handled in accordance with this Privacy Policy during the maximum terms permitted by law, and will exclusively be used for the purposes described in section 9.1 above. After those terms, your information will be fully deleted or, alternatively, will be anonymized.
11. HOW TO CONTACT US
Send a request to [email protected]
12. COMPLAINTS
If you consider that any use of your data might breach any of your rights, you can lodge a complaint at any time by sending an email to [email protected]