Last amended: December 17, 2019
Effective Date: January 1, 2020
1. EU-U.S. and Swiss-U.S. Privacy Shield Frameworks
Wildbit is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Wildbit complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions. Wildbit is liable for any processing of personal information by such third parties that is inconsistent with the Privacy Shield Principles unless it is not responsible for the event giving rise to any alleged damage.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Wildbit is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Wildbit may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the Privacy Shield Principles, Wildbit, LLC commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Wildbit, LLC at:
Natalie Nagele, CEO, firstname.lastname@example.org. 2400 Market Street, No. 200, Suite 235B, Philadelphia, PA 19103. Phone: 215-203-0488.
Wildbit, LLC has further committed to refer unresolved Privacy Shield complaints to an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, you may visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint (free of charge). To facilitate fast and convenient resolution of complaints, you agree to participate in on-line dispute resolution through JAMS Online Mediation (Endispute).
Under certain conditions, Privacy Shield provides the right to invoke binding arbitration when other dispute resolution procedures have not provided resolution. This is described in Annex I to the Privacy Shield.
2. How we Collect Information:
We collect the following personal information from you:
2.1 Information that you provide to us about yourself
When you sign up for the Services, we ask you for information such as
- Contact Information, such as name, email address, mailing address, or phone number;
- Demographic information, such as age, education, gender, interests and zip code
- Billing Information, such as credit card number and billing address;
- Unique Identifiers, such as username, account number or password;
- IP address;
- Information about your business, such as company name, company size, business type.
If you do not provide this information, we will not be able to provide the Services to you.
2.2 Information you provide to us about your customers, end users, and contacts
For the provision of our Services to you, you provide us with information which may identify your customers, end users or employees. Such information includes:
- Email addresses;
- IP addresses;
- Content of emails sent through Postmark.
You may also provide us personal information about your contacts such as Name and email address where we can send receipts of your purchases. When you provide us with personal information about your contacts we will only use this information for the specific reason for which it is provided. If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, please contact us at the contact information below.
2.3 Information collected automatically
Wildbit allows Google Analytics and Snowplow Analytics to use these technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole for the purpose of analytics.
3. Purpose and Legal basis of the Processing
To the extent EU data protection law applies to our processing of information about you, we act as the "data controller". To the extent EU data protection law applies to our processing of your customer or end user data, you serve as the "data controller" or "data processor" and we serve as the "data processor" or "data sub-processor".
To perform the Services: We use your information to identify you, process your payment, provide you with technical support and assistance; and communicate with you about the Services via email. For example we will contact you to notify you of any issues with the Services or any suspicious activity in your account. The legal basis for these uses in the performance of the contract with you.
To Optimize or improve the Services: We use your information to authenticate you, prevent fraud and abuse of our Services and perform research. The legal basis for these uses is our legitimate interest in the improvement and optimization of our service offerings and in ensuring the security of our services and we apply appropriate safeguards to protect your information (see Section 5 below).
4. How we Share your Information
We share information with service providers, as required by law, and in connection with the protection and enforcement of our legal and contractual rights.
With Service Providers: We share your information with third parties who provide services on our behalf to help with our business activities. This includes: payment processing, providing customer service, sending marketing communications (this does not include information about your customers), conducting research and analysis and providing cloud computing infrastructure. The legal basis for sharing this information is our legitimate interest in providing our Services efficiently and we implement measure to safeguard your information.
With Public Authorities or Law Enforcement: In certain situations, Wildbit may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose your personal information as required by law (such as to comply with a subpoena or other legal process), when we believe in good faith that disclosure is necessary to protect our rights, when we believe there is a violation to our Terms of Service (see Postmark Terms of Service, Beanstalk Terms of Service), to protect your safety or the safety of others, to investigate fraud, to respond to a government request, if we are involved in a merger, acquisition, or sale of all or a portion of our assets, or if we are involved in a bankruptcy or liquidation proceeding. The legal basis for this is our legitimate interest in protecting our legal rights and those of others, compliance with legal obligations and our legitimate interest in fulfilling legal obligations imposed by legal authorities outside of the EU.
Prevent fraud and abuse of the Services: We will share information to prevent or detect fraud or to address technical issues and if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Services infrastructure. The legal basis for this is our legitimate interest in the maintaining the security of our Services.
We also process and share information in an aggregated, de-identified manner, where the information is shared as part of a statistical report and does not contain personal information.
The security of your personal information is important to us. We implement adequate measures to protect the personal information submitted to us, both during transmission and once it is received. Wildbit, LLC takes steps to ensure that all source code, files and data remain private and confidential. Due to the sensitive nature of source code we take this very seriously and make it our primary concern for all customers. We restrict access to personal information to Wildbit employees, contractors and agents who need to know that information in order to operate, develop or improve our service. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. If you have any questions about the security of your personal information, you can contact us at the contact information below.
6. Rights with respect to your information
Upon request Wildbit will provide you with information about whether we hold any of your personal information. You may access, correct, obtain a copy of or request deletion of your personal information by logging into your account or by contacting us at the contact information below. We will respond to your request within a reasonable timeframe. In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.
Wildbit, LLC acknowledges that you have the right to access your personal information. Wildbit has no direct relationship with your customers or end users whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to the Wildbit, LLC’s Client (the data controller). If requested to remove data we will respond within a reasonable timeframe. In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.
You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
7. Your Choices with respect to the information
We use and disclose personal information in ways that are consistent with your expectations and choices. Accordingly, we will provide you with the opportunity to choose (opt out) whether your personal information is to be (a) disclosed to a third party or (b) used for a purpose that is materially different from the purpose(s) for which it was collected or subsequently authorized. You will be provided with clear, conspicuous and readily available mechanisms to exercise your choices. To do so, please email us your request any time at email@example.com, and we will respond to your request within a reasonable timeframe.
Promotional Email communication: You may sign-up to receive email or newsletters or other communications from us. If you would like to discontinue receiving this information, you may update your email preferences by using the “Unsubscribe” link found in emails we send to you or by contacting us at the contact information below.
Google Analytics: see http://www.google.com/policies/privacy/partners/ for information about how Google uses the information provided to Google Analytics and how you can control the information provided to Google. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on for Google Analytics which can be found here.
8. Data Retention
We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements. In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.
Even if you delete your account, keep in mind that the deletion by our third party providers may not be immediate and that the deleted information may persist in backup copies for a reasonable period of time.
9 Policy Regarding Children
The Services are not directed to children under the age of 16. We do not knowingly collect Personal Information from children under 16. If you are under 16, please do not use the Services and do not provide any personal information to us. If you become aware that a child under 16 has provided us with personal information without your consent, please contact us at firstname.lastname@example.org. If you are a California resident under the age of 18 and you wish to remove publicly available content, please contact us at email@example.com with the subject line “California Eraser”.
10. Transfers of information not from the EEA
However, in connection with these transfers of personal information, your personal information may be subject to privacy laws that may not provide the same protection as your country of residence. For example, government entities in such other countries may have certain rights to access your personal information. By using this Site or using our Service that this privacy notice relates to you are consenting to this transfer of your personal information.
11. California Residents
12. Browser Do Not Track
The Services honor and enforce Do Not Track preferences. Do Not Track (DNT) is a privacy preference you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit donottrack.us.
We may need to update this policy from time to time. Unless otherwise required by law, we will notify you before we make such changes and give you an opportunity to review them before they go into effect. We encourage you to periodically review this page for the latest information on our privacy practices.
14. Privacy Questions / Feedback
Philadelphia, PA 19103. Phone: 215-203-0488.