Privacy and Cookies Policy
Privacy and Cookies Policy / Last updated: 2019-01-281. Introduction
1.1 We are committed to safeguarding the privacy of our website visitors and service users.
1.2 This policy applies where we are acting as a data controller (and processor) with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.4 In this policy, "we", "us" and "our" refer to Winstapost. For more information about us, see Section 11.
2. How we use your personal data
2.1 In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) the purposes for which we may process personal data; and
(c) the legal bases of the processing.
2.2 We may process data about your use of our website and services ("usage data", here we act as both data controller and processor). The usage data may include first name, last name, email address, dates, product, status, demo status and logs. The source of the usage data is our database (via you or your employer). The usage data may be processed for the purposes of operating and analyzing the use of the website and services, ensuring the security of our website and services, maintaining back-ups of our database(s), communicating with you for example customer support. The legal basis for this processing is consent OR our legitimate interests, namely monitoring and improving our website and services, the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.3 We may process information relating to our customer relationships, including prospect or customer contact information ("prospect or customer relationship data"). The prospect or customer relationship data may include address and country, affiliate information, browser type and version, company, contact method, dates, email address, email correspondence (customer support and use of promotional license), email tracking, employer, follow-up and date, frequency and pattern of your service use, geographical location, how they found us, IP address, job title or role, language, lead source, length of visit, license type, logs, name, notes, page views and website navigation paths as well as information about the timing payment method, person type, phone number, product (for demo and license), profile (social media), prospect and customer tracking, purchase amount, purchase transactional details, source, status, support message, tags, time zone, type of support, web form tracking and website. The source of the prospect or customer relationship data is you or your employer. The prospect or customer relationship data may be processed for the purposes of managing our relationships with prospects or customers, communicating with prospects or customers, keeping records of those communications and promoting our products and services to prospects or customers. The legal basis for this processing is consent OR our legitimate interests, namely the proper management of our prospect or customer relationships OR performance of contract.
2.4 We may process information contained in any enquiry you or your employer submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The enquiry data may include company, date, email address, name, notes, phone number, priority, profile (if sent from social media), source, status, support or enquiry, message, title and type of support. The legal basis for this processing is consent OR legitimate interests.
2.5 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, and the transaction details. Please note that Winstapost uses Bright Market, LLC d/b/a FastSpring as vendor for sales or sales via Resellers and does not have access to your details such as; credit card, PayPal or other possible sensitive payment information. We never store any information on our server containing sensitive payment information that can be used to charge customers. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests.
2.6 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.7 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website or services that we use will generate the metadata associated with communications made using the website, contact forms or via email. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business and communications with users OR performance of contract.
2.8 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.9 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.10 Please do not supply any other person's personal data to us, unless we prompt you to do so.
3. Providing your personal data to others
3.1 We may disclose data from categories: usage, prospect or customer relationship, enquiry, transaction, notification and correspondence to our resellers or subcontractors insofar as reasonably necessary for proper administration (and development) of our website and business.
3.2 Financial transactions relating to our services may be handled by our payment services provider, Bright Market, LLC d/b/a FastSpring. We will share transaction data with our payment services provider only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services provider privacy policies and practices at: https://fastspring.com/privacy
3.3 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4. International transfers of your personal data
4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred to United States. Privacy Shield is an agreement between the EU and US allowing for the transfer of personal data from the EU to US. DPA stands for Data Protection Addendum. Services we use where data is stored in the United States are: Atlassian PTY Ltd (Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt00000004FK0AAM), Bright Market, LLC, d/b/a FastSpring (DPA signed. Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000PC9JAAW), FreshWorks (DPA online: https://www.freshworks.com/data-processing-addendum Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnbQAAS).
4.2 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
5. Retaining and deleting personal data
5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We will retain your personal data as follows:
(a) Data from category: usage, will be retained for a minimum period of 10 months following 2019-01-28, and for a maximum period of as long as person does not contact us following 2019-01-28 with an addition of 3 months. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and services OR performance of contract.
(b) Data from categories: enquiry and correspondence will be retained for a minimum period of 6 months following 2019-01-28 and for a maximum period of when person contacts us following 2019-01-28.
5.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
(a) the period of retention of: transaction data, will never be deleted automatically, only upon verified request from customer via customer support, not if customer unsubscribes from email. Customer must communicate with us in this regard.
(b) the period of retention of: prospect or customer relationship (notification) data. Data subject can unsubscribe from newsletter via contacting us.
5.5 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.1 We may update this policy from time to time by publishing a new version on our website.
6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
6.3 We may notify you of significant changes to this policy by email or through notification on our website.
7. Your rights
7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
7.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
7.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
7.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.13 You may exercise any of your rights in relation to your personal data by written notice to us in addition to the other methods specified in this Section 7.
8. Third party websites
8.1 Our website includes hyperlinks to, and details of, third party websites.
8.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
9. Personal data of children
9.1 Our website and services are targeted at persons over the age of 18.
9.2 If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
10. Updating information
10.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
11. Our details
11.1 This website is owned and operated by Abraham Georges.
11.2 We are registered in Sweden and our registered office is at Hagalundsgatan 13, 6 tr., 169 65 Stockholm, Sweden.
11.3 You can contact us via the contact option via the main page. You can submit request for accessing your personal information (we need up to a month for this type of request).