Privacy Policy

Webiny Ltd

Privacy Policy and Cookie Policy for Website

Effective date: 19th Jan 2019

The short version

All the information is only collected with your consent. We try to collect only the minimum amount of personal information that is necessary for you to interact with our service. Webiny Ltd doesn’t sell any of your information to third parties, and all the data is used in-line with the rules stated in this Privacy Policy.

Of course, the short version doesn't tell you everything, so please read on for more details!

1. Introduction

Webiny Ltd (Webiny) respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how Webiny looks after your personal data when you visit our website (regardless of where you visit it from), and tell you about your privacy rights and how the law protects you, as well as how we collect and process data received from you on our site.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

This privacy notice aims to give you information on how Webiny collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, attend an event or take part in a competition.

This website is not intended for children and we do not knowingly collect data relating to children.

This policy covers the collection, processing and other use of personal data under the Data Protection Act 1998 (“DPA”) and the General Data Protection Regulations (“GDPR”).

For the purpose of the DPA and GDPR we are the data controller and any enquiry regarding the collection or processing of your data should be addressed to Sven Al Hamad at our address Webiny Ltd, 3 Gower Street, London WC1E 6HA, UK.

By using the Website, you consent to this policy.

If you have any comments on this privacy policy, please email them to privacy@webiny.com

2. Who We Are

Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give you as a 'data controller':

• Controller - Webiny Ltd (Webiny) is the data controller and responsible for the personal data referred to in this privacy notice
• Our site address is https://www.webiny.com/
• Our company name is Webiny Ltd
• Our registered address is 3 Gower Street, London WC1E 6HA, UK
• Our nominated representative or Data Protection Officer is Sven Al Hamad, Director of Webiny Ltd. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us at privacy@webiny.com.

3. What we may collect

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We will collect personal data on this Website only if it is directly provided to us by you the user, e.g. your e-mail address, name, home or work address and telephone number, and therefore has been provided by you with your consent.

We also use analytical and statistical tools that monitor details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

1. Identity Data (includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender).
2. Contact Data (includes email address and telephone numbers).
3. Financial Data (includes bank account and payment card details).
4. Transaction Data (includes details about payments to and from you and other details of products and services you have purchased from us).
5. Technical Data (includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website).
6. Profile Data (includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses).
7. Usage Data (includes information about how you use our website, products and services).
8. Marketing and Communications Data (includes your preferences in receiving marketing from us and our third parties and your communication preferences).

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:

1. you have given consent to the processing of your personal data for one or more specific purposes;
2. processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
3. processing is necessary for compliance with a legal obligation to which we are subject;
4. processing is necessary to protect the vital interests of you or of another natural person;
5. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
6. processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our credit card payment processing, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us by emailing us at privacy@webiny.com.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

4. How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• apply for our products or services;
• create an account on our website;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us some feedback.

Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy (section 4) for further details.

Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

Technical Data from the following parties:

• analytics providers (such as Google) based outside the EU;
• advertising networks based inside OR outside the EU; and
• search information providers based inside OR outside the EU.
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside OR outside the EU.
• Identity and Contact Data from data brokers or aggregators based inside OR outside the EU.
• Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.

5. Cookies

Our Website uses cookies. All Cookies used by and on our website are used in accordance with current English and EU Cookie Law. Cookies are pieces of information that include a unique reference code that a website transfers to your device to store and sometimes track information about you.

A few of the cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the site and will last for longer.

We use cookies to gather information about your computer for our services and to provide statistical information regarding the use of our Website. Such information will not identify you personally - it is statistical data about our visitors and their use of our Website. This statistical data does not identify any personal details whatsoever.

We may also gather information about your general Internet use by using a cookie file. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer, as cookies contain information that is transferred to your computer's hard drive. They help us to improve our Website and the service that we provide to you.

All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our Website. Where we work with advertisers on our Website, our advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our Website.

Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can prevent the setting of cookies by adjusting the settings on your browser. Please note however, that by blocking or deleting cookies you may not be able to take full advantage of the site.

Our cookies will be used for

1. Essential session management

• creating a specific log-in session for a user of the site in order that the site remembers that a user is logged in and that their page requests are delivered in an effective, secure and consistent manner;
• recognizing when a user of the site has visited before allowing us to identify the number of unique users we receive to the site and make sure we have enough capacity for the number of users that we get;
• recognizing if a visitor to the site is registered with us in any way;
• we may also log information from your computer including the existence of cookies, your IP address and information about your browser program in order to allow us to diagnose problems, administer and track your usage of our site.

2. Functionality

• customizing elements of the promotional layout and/or content of the pages of the site.

3. Performance and measurement

• collecting statistical information about how our users use the site so that we can improve the site and learn which parts are most popular to users.

6. How we use what we collect

We may hold and process personal data that you provide to us in accordance with the DPA and GDPR.

The information that we collect and store relating to you is primarily used to enable us to provide our services to you, and/or to meet our contractual commitments to you.

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

• In addition, we may use the information for the following purposes:
• To notify you about any changes to our website, such as improvements or service/product changes, that may affect our service
• Present site content effectively to you
• Provide information, products and services that you request, or (with your consent) which we think may interest you
• Carry out our contracts with you
• Allow you to use our interactive services if you want to
• Tell you our charges
• Where you have consented to receive such information, to provide information on other parties’ products or services that we feel may be of interest to you;
• Where you have consented to receive our e-newsletters, from time to time, to provide these to you

If you are already our member or customer, we will only contact you electronically about things similar to what was previously advertised or sold to you.

If you are a new member or customer, you will only be contacted if you agree to it.

If you don't want to be contacted for marketing purposes, please unsubscribe from our newsletter via the link at the end of each newsletter, or contacts us privacy@webiny.com.

Please note: We don't identify individuals to our advertisers, nor do we sell our data to them.

In addition, if you don’t want us to use your personal data for any of the other reasons set out in this section, you can let us know at any time by contacting us privacy@webiny.com, and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible products and services to you.

In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the products and services we can provide you if you don’t provide your personal data in these cases.

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

7. Where we store your data

As part of the services offered to you, for example through our Website, the information you provide to us may be transferred to and stored in countries outside of the European Economic Area (EEA) as we use remote website server hosts to provide the website and some aspects of our service, which may be based outside of the EEA, or use servers based outside of the EEA - this is generally the nature of data stored in “the Cloud”. It may also be processed by staff operating outside the EEA who work for one of our suppliers, e.g. our website server host, or work for us when temporarily outside of the EEA.

A transfer of your personal data may happen if any of our servers are located in a country outside of the EEA or one of our service providers is located in a country outside of the EEA. If we transfer or store your personal data outside the EEA in this way, we will take steps with the aim of ensuring that your privacy rights continue to be protected, as outlined in this privacy policy and in accordance with the DPA and GDPR. If you use our service while you are outside the EEA, your personal data may be transferred outside the EEA in order to provide you with these services.

We do not use or disclose sensitive personal data, such as race, religion, or political affiliations, without your explicit consent.

We may disclose your personal data outside of our group: (a) in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; and (b) if Webiny’s business is bought by a third party, in which case personal data held by it about its customers will be one of the assets to transfer to the buyer. However, any such transfer will only be on terms that the confidentiality of your personal data is protected and that the terms of this privacy policy will continue to be complied with by the recipient.

Otherwise, we will process, disclose or share your personal data only if required to do so by law or in the good faith belief that such action is necessary to comply with legal requirements or legal process served on us or the website.

By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.

You have the right to opt out of our processing your personal data for marketing purposes by contacting us at privacy@webiny.com.

Although we try to provide protection, we cannot guarantee complete security for your data, and you take the risk that any sending of that data turns out to be not secure despite our efforts.

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for as described above in section 6, including for the purposes of satisfying any legal, accounting, or reporting requirements, and/or for as long as we have your permission to keep it. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In any event, we will conduct an annual review to ascertain whether we need to keep your personal data. Your personal data will be deleted if we no longer need it.

8. Disclosing your information

We are allowed to disclose your information in the following cases:

• If we want to sell our business, or our company, we can disclose it to the potential buyer
• We can disclose it to other businesses in our group
• We can disclose it if we have a legal obligation to do so, or in order to protect other people's property, safety or rights
• We can exchange information with others to protect against fraud or credit risks

We do not share your personal data with 3rd parties for any marketing, sales or other advertisement opportunities. The only thing we might share is aggregate statistical information about our visitors which do not contain any personal identifiable information.

Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us via email at privacy@webiny.com. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

International transfers

We share your personal data within the Webiny community. This will involve transferring your data outside the European Economic Area (EEA).

Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.]

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

· We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

· Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

· Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us via email at privacy@webiny.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

9. Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our site. These websites should have their own privacy policies, which you should check. We do not control these third-party websites and do not accept any responsibility or liability for their policies whatsoever as we have no control over them. When you leave our website, we encourage you to read the privacy notice of every website you visit.

10. Your rights

The DPA and GDPR give you the right to access information held about you by us. Please write to us or contact us by email if you wish to request confirmation of what personal information we hold relating to you. You can write to us by email to privacy@webiny.com. There is no charge for requesting that we provide you with details of the personal data that we hold. We will provide this information within one month of your requesting the data.

You have the right to change the permissions that you have given us in relation to how we may use your data. You also have the right to request that we cease using your data or that we delete all personal data records that we hold relating to you. You can exercise these rights at any time by writing to us via email to privacy@webiny.com.

You can ask us not to use your data for marketing. You can do this by contacting us at any time at privacy@webiny.com.

Under the GDPR, you have the right to:

request access to, deletion of or correction of, your personal data held by us at no cost to you;

• request that your personal data be transferred to another person (data portability);
• be informed of what data processing is taking place;
• restrict processing;
• to object to processing of your personal data; and
• complain to a supervisory authority.

You also have rights with respect to automated decision-making and profiling as set out in section 11 below.

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues ( ). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. To enforce any of the foregoing rights or if you have any other questions about our site or this Privacy Policy, please contact us at privacy@webiny.com.

11. Changes

We may update these policies to reflect changes to the website and customer feedback. Please regularly review these policies to be informed of how we are protecting your personal data. If we change our Privacy Policy, we will post the changes on this page. If we decide to, we may also email you.

We welcome any queries, comments or requests you may have regarding this Privacy Policy. Please do not hesitate to contact us at Webiny Ltd, 3 Gower Street, London WC1E 6HA, UK or via email at privacy@webiny.com.

12. Automated Decision-Making and Profiling

12.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.

12.2 The right described in section 11.1 does not apply in the following circumstances:

1. the decision is necessary for the entry into, or performance of, a contract between the you and us;

2. the decision is authorized by law; or

3. you have given you explicit consent.

   12.3 Where we use your personal data for profiling purposes, the following shall apply:

4. Clear information explaining the profiling will be provided, including its significance and the likely consequences;

5. Appropriate mathematical or statistical procedures will be used;

6. Technical and organizational measures necessary to minimize the risk of errors and to enable such errors to be easily corrected shall be implemented; and

7. All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.

13. Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

The transmission of information via the Internet or email is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of data while you are transmitting it to our site; any such transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorized access.

Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential. You should choose a password that is not easy for someone to guess.

14. Your legal rights

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.