Effective Date: 12 July 2018
Thanks for visiting Willow! Willow (“Willow”, “we”, “us” or “our”) respects your privacy. When it comes to your personal information, we believe in transparency, not surprises. That’s why we’ve set out here what personal information we collect, what we do with it and your choices and rights.
1. Some key terms
3. Personal information we collect
We collect various personal information regarding you or your device. This includes the following:
- Information you provide to create an Account, specifically email address, first name and last name.
- Your marketing preferences.
- The emails and other communications that you send us or otherwise contribute, such as customer support inquiries or posts to our customer message boards or forums. Please be aware that information on public parts of our sites is available to others
- Information you share with us in connection with surveys or forms.
- Information from your use of the Services or Users’ sites. This includes: IP addresses, preferences, web pages you visited prior to coming to our or our Users’ sites, information about your browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), information about how you interact with the Services and our Users’ sites (such as timestamps, clicks, scrolling, browsing times, searches, transactions, referral pages, load times, and problems you may encounter, such as loading errors).
- Information we get from our partners to improve our Services and better monitor, manage and measure the performance of the Service.
- Other information you submit to us directly or through Third Party Services if you use a Third Party Service to create an Account (based on your privacy settings with such Third Party Service).
4. How we collect personal information
We obtain personal information from various sources. We do this in three main ways:
- You provide some of it directly (such as by registering for an Account).
- We record some of it automatically when you use our Services or Users’ sites (including with technologies like cookies).
- We receive some of it from third parties (like when you register for an account using a Third Party Service).
We’ve described this in more detail below.
a) Personal information you provide
When you use our Services, we collect information from you in a number of ways. For instance, we ask you to provide your name and email address to register and manage your Account. We also maintain your preferences and the emails and other communications that you send us or otherwise contribute, such as customer support inquiries. You might also provide us with information in other ways, including by responding to surveys or submitting a form.
Sometimes we require you to provide us with information for contractual or legal reasons. We’ll normally let you know when information is required, and the consequences of failing to provide it. If you do not provide personal information when requested, you may not be able to use our Services if that information is necessary to provide you with the service or if we are legally required to collect it.
b) Personal information obtained from your use of our Services
When you use our Services, we collect information about your activity on and interaction with the Services, such as your IP address(es), your device and browser type, the web page you visited before coming to our sites, what pages on our sites you visit and for how long and identifiers associated with your devices. If you’ve given us permission through your device settings, we may collect your location information.
If you are an End User of our Users’ sites, we also get information about your interactions with their sites, though we use this in anonymous, aggregated or pseudonymised form which does not focus on you individually. We use this data to evaluate, provide, protect or improve our Services (including by developing new products and services).
c) Personal information obtained from other sources
If you use a Third Party Service (such as Google) to register for an Account, the Third Party Service may provide us with your Third Party Service account information on your behalf, such as your name and email address (we don’t store passwords you use to access Third Party Services). Your privacy settings on the Third Party Service normally control what they share with us. Make sure you are comfortable with what they share by reviewing their privacy policies and, if necessary, modifying your privacy settings directly on the Third Party Service.
5. How we use your personal information
We use the personal information we obtain about you to:
- Provision of the Services. Create and manage your Account, provide and personalise our Services, process payments and respond to your inquiries.
- Communicating with you. Communicate with you, including by sending you emails about your account and Service-related announcements.
- Surveys. Administer surveys.
- Improving our Services. Analyse and learn about how the Services are accessed and used, evaluate and improve our Services (including by developing new products and services and managing our communications) and monitor and measure the effectiveness of our advertising. We usually do this based on anonymous, pseudonymised or aggregated information which does not focus on you individually. For example, if we learn that most Users of our Services use a particular integration or feature, we might wish to expand on that integration or feature.
- Security. Ensure the security and integrity of our Services.
- Third party relationships. Manage our vendor and partner relationships.
- Enforcement. Enforce our Terms of Service and other legal terms and policies.
- Protection. Protect our and others’ interests, rights and property (e.g., to protect our Users from abuse).
- Complying with law. Comply with applicable legal requirements, such as tax and other government regulations and industry standards, contracts and law enforcement requests.
We process your personal information for the above purposes when:
- Consent. You have consented to the use of your personal information in a particular way. When you consent, you can change your mind at any time.
- Performance of a contract. We need your personal information to provide you with services and products requested by you, or to respond to your inquiries. In other words, so we can perform our contract with you or take steps at your request before entering into one. For example, we need your email address so you can sign in to your Willow account.
- Legal obligation. We have a legal obligation to use your personal information, such as to comply with applicable tax and other government regulations or to comply with a court order or binding law enforcement request.
- Legitimate interests. We have a legitimate interest in using your personal information. In particular, we have a legitimate interest in the following cases:
- To operate the Willow business.
- To analyse and improve the safety and security of our Services - we do this as it is necessary to pursue our legitimate interests in ensuring Willow is secure, such as by implementing and enhancing security measures and protections and protecting against fraud, spam and abuse.
- To provide and improve the Services, including any personalised services - we do this as it is necessary to pursue our legitimate interests of providing an innovative and tailored offering to our Users on a sustained basis.
- To share your personal information with other Willow group companies that help us provide and improve the Services.
- To anonymise and subsequently use anonymised information.
- Protecting you and others. To protect your vital interests, or those of others.
- Others’ legitimate interests. Where necessary for the purposes of a third party’s legitimate interests, such as our partners who have a legitimate interest in delivering tailored content to you and monitoring and measuring its effectiveness or our Users who have a legitimate interest in having their sites function properly and securely and analysing the usage of their sites so they can understand trends and improve their services.
6. How we share your personal information
We share personal information in the following ways:
- Affiliates. We share personal information with our affiliates when it is reasonably necessary or desirable, such as to help provide services to you or analyse and improve the services we or they provide.
- Users. We share with our Users data regarding usage by End Users of their sites. This is so Users can analyse the usage of their sites and improve their services.
- Business partners. We may share personal information with business partners. For example, we may share your personal information when our Services are integrated with their Third Party Services, but only when you have been informed or would otherwise expect such sharing.
- Service providers. We share personal information with our service providers that perform services on our behalf. For example, we may use third parties to help us provide customer support, send messages and other communications on our behalf or assist with data storage.
- Following the law or protecting rights and interests. We disclose your personal information if we determine that such disclosure is reasonably necessary to comply with the law, protect our or others’ rights, property or interests (such as enforcing our Terms of Service) or prevent fraud or abuse of Willow or our Users or End Users. In particular, we may disclose your personal information in response to lawful requests by public authorities, such as to meet national security or law enforcement requirements.
- Business transfers. If we're involved in a reorganisation, merger, acquisition or sale of some or all of our assets, your personal information may be transferred as part of that deal.
7. Your rights and choices
Where applicable law requires (and subject to any relevant exceptions under law), you may have the right to access, update, change or delete personal information.
You can access, update, change or delete personal information (or that of your End Users) either directly in your Account or by contacting us at email@example.com to request the required changes. You can exercise your other rights (including deleting your Account) by contacting us at the same email address.
You can also elect not to receive marketing communications by changing your preferences in your Account or by following the unsubscribe instruction in such communications.
Please note that, for technical reasons, there is likely to be a delay in deleting your personal Information from our systems when you ask us to delete it. We also will retain personal Information in order to comply with the law, protect our and others’ rights, resolve disputes or enforce our legal terms or policies, to the extent permitted under applicable law.
You may have the right to restrict or object to the processing of your personal information or to exercise a right to data portability under applicable law. You also may have the right to lodge a complaint with a competent supervisory authority, subject to applicable law.
Additionally, if we rely on consent for the processing of your personal information, you have the right to withdraw it at any time and free of charge. When you do so, this will not affect the lawfulness of the processing before your consent withdrawal.
If you are an End User of one of our User’s sites, you should contact them to exercise your rights with respect to any information they hold about you.
8. How we protect your personal information
While no service is completely secure, we’re dedicated to keeping personal information safe. We maintain administrative, technical and physical safeguards that are intended to appropriately protect against accidental or unlawful destruction, accidental loss, unauthorised alteration, unauthorised disclosure or access, misuse and any other unlawful form of processing of, the personal information in our possession. We employ security measures such as using firewalls to protect against intruders, building redundancies throughout our network (so that if one server goes down, another can cover for it) and testing for and protecting against network vulnerabilities.
9. How we retain your personal information
The precise periods for which we keep your personal information vary depending on the nature of the information and why we need it. Factors we consider in determining these periods include the minimum required retention period prescribed by law or recommended as best practice, the period during which a claim can be made with respect to an agreement or other matter, whether the personal information has been aggregated or pseudonymised, and other relevant criteria. For example, the period we keep your email address is connected to how long your Account is active, while the period for which we keep a support message is based on how long has passed since the last submission in the thread.
Please note that in the course of providing the Services, we collect and maintain aggregated, anonymised or de-personalised information which we may retain indefinitely.
10. End Users’ personal information
Our customers who have created a site using Willow are responsible for what they do with the personal information they collect, directly or through Willow, about their End Users. This section is directed to such customers.
Your relationship with End Users
You're solely responsible for complying with any laws and regulations that apply to your collection and use of your End Users’ information, including personal information you collect about them from us or using Willow functionality or cookies or similar technologies.
We’re not liable for your relationship with your End Users or how you collect and use personal information about them (even if you collect it from us or using Willow functionality or cookies or similar technologies) and we won’t provide you with any legal advice regarding such matters.
12. Who is Willow?
When we say “Willow” (or “we”, “us” or “our”), we mean: Kindred Digital Pty Ltd., a registered Australian business (ABN: 32 142 578 550)
13. How to contact us