Revised and Effective:
October 1, 2019
Defining Personal Information
The Personal Information We Collect and Why We Collect It
Users Accounts and Profiles.
We collect personal information on all individuals who register for, and create a profile on, our Website. Here, you are required to provide your name, email address (which serves as your user name), job title, and account password. If you do not provide this information, then we will be unable to verify your registration and provide you with a user account and profile.
Professional Surveys and Responses.
Wendal’s Professional Surveys are designed to collect and analyze information about specific industries and employers in order to assist our customers and other individuals in making decisions about businesses, such as potential investment opportunities. Toward that end, individuals participating in the Professional Surveys must provide a broad range of information related to their business, including the following: business investment history; business sector; revenue, expenses, and similar financial data; business location; corporate structure; corporate records (e.g., articles of incorporation, shareholder agreements, term sheets); and, employment history of senior managers and personnel. In addition, individuals participating in the Professional Surveys undertake a “personality test” and are required to provide personal information in response to questions therein, including your management style; communication preferences; financial ideology; moral, behavioral, and phycological predispositions; the type of car you drive; near death experiences; and personality descriptors. All individuals who participate in Wendal’s Professional Surveys will be provided a score/grade, which will be transmitted and disclosed to Wendal’s customers (e.g., third party investors, corporate subscribers of Wendal’s Professional Surveys), who may rely upon such information and data, in full or in part, to decide whether to invest, or otherwise engage with, your business. In order to provide an accurate score/grade, the individuals participating in the Professional Surveys must answer all of these questions accurately.
Demographic/Special Categories of Data.
Wendal’s Professional Surveys may also collect demographic data, which may include special categories of data, such as data related to an individual’s race, ethnicity, and trade union membership.
All such demographic questions are purely voluntary, and participants will not be penalized for not answering such questions.
Wendal uses this demographic information to analyze the survey participants and, at times, to compare results among different groups of participants.
Consumer Inquiries & Communications.
There may be other times where you provide Wendal with information about yourself or others. For example, if you communicate with Wendal’s helpline or a sales representative, you may provide your personal information, such as contact data (e.g., name, address, telephone, email) and other personal information related to your communication (e.g., employer, consumer preferences, and interests). We will collect and retain the personal information that we think is reasonably necessary to your inquiry or that is otherwise related to your communication. We will collect and retain such information in accordance with the purposes you provided it, and with our legitimate business interests.
Vendors, Suppliers, and Similar Business Contacts.
In addition, we may collect and process the following categories of personal information concerning our customers, vendors, suppliers, and similar business contacts: name, contact details, job title, bank account details and financial information (including credit/income history), transaction history, and business correspondence and communications. We process this information to facilitate routine and common business practices, such as those related to sales orders and management, promotion and quotation submitting, warranty management, credit collection, compliance with legal requirements, tax and accounting purposes, and defense or promotion of our interests and claims.
Deidentified and Aggregated Data
Wendal creates statistical, aggregated data relating to individuals that participate in our Professional Surveys in order to improve and enhance Wendal’s learning capabilities and prediction accuracy. Aggregated data includes data derived from personal information, but which is rendered anonymous and does not identify, or cannot be linked to, any individual.
Cookies and Automated Tracking
. For the cases in which personal data is transferred to the United States, Google has self-certified pursuant to the EU-US Privacy Shield. To receive the most recent information concerning how Google uses your personal information and other data, please visit google.com/policies/privacy/partners
. We do not collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
Disclosure of Personal Data
We do not sell or rent your personal information to another business or a third party for monetary or other valuable consideration, and we only share or provide access to your personal information in the following circumstances:
Disclosure to Corporate Subscribers.
All individuals who participate in Wendal’s Professional Surveys will be provided a score/grade, which will be transmitted and disclosed to Wendal’s customers (e.g., third party investors, corporate subscribers of Wendal’s Professional Surveys), and who may rely upon such information, in full or in part, to decide whether to invest, or otherwise engage with, your business. By participating in the survey, you hereby direct Wendal to intentionally disclose your score/grade and your personal information associated with it, to Wendal’s customers (e.g., third party investors, corporate subscribers of Wendal’s Professional Surveys) to intentionally interact with such third parties, provided the third parties do not sell the personal information.
Service Providers and Consultants.
We may disclose personal information with courts, tribunals, opposing or other related parties to any legal proceedings and their professional advisors, in response to a court order, subpoena, civil discovery request, other legal process, or as otherwise required by law.
Legal Compliance and Protecting Wendal’s Interests.
We may disclose your personal information with any third party when we believe disclosure is necessary to comply with the law or to protect Wendal’s rights, interests, or property. We reserve the right to investigate any fraudulent or other activities involving Wendal’s property or interests, including our Professional Surveys, and to disclose any information reasonably necessary for any of these purposes, including to law enforcement or regulatory authorities and with any other organization.
We may disclose your personal information in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Wendal’s business or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which your personal information held by Wendal or our Website users is among the assets transferred.
Data Retention Policy and Criteria
For individuals who participate in Wendal’s Professional Survey or otherwise engage with us as consumer, Wendal retains your personal information for the time period reasonably necessary to satisfy the purpose for which it was collected or as long as necessary to comply with legal obligations or for the establishment, exercise or defense of a legal claim. For our vendors, suppliers, and other business contacts, we retain your personal information for the duration needed to complete or facilitate our contract, agreement or engagement, and for a reasonable amount of time thereafter in accordance with our legitimate business needs and functions. To the extent that Wendal transmits and discloses your Professional Survey score/grade, and your personal information associated with it, to Wendal’s customers (i.e., third party investors, corporate subscribers of Wendal’s Professional Surveys), the data and personal information will be subject to the data retention schedule set forth by Wendal’s customers in their sole discretion.
Data Localization and International Transfers
Wendal has implemented commercially reasonable measures to protect the personal information it collects from loss, misuse, and its unauthorized access, disclosure, alteration, and destruction. Please note that despite our reasonable efforts, no security measure is perfect or impenetrable, and we cannot guarantee the full security of your personal information. In other words, you provide us with your personal information at your own risk and we disclaim any liability for the loss, misuse, or compromise of your personal information.
Your Responsibilities and Representations
Your Rights and Privileges
Depending on the jurisdiction in which you reside, you may have the following rights with respect to the personal information. If you wish to exercise any of these rights, please contact us in accordance with the instructions provided below in the “Contact Information” section. We may need to collect and process information about you solely for the purpose of responding and satisfying any such data request.
You may, at any time, request that we stop sending you marketing or information-related materials by contacting us directly in accordance with the instructions provided below in the “Contact Information” section.
California Privacy Rights.
Pursuant to California’s “Shine the Light” law, California residents who provide personal information (as defined in the applicable statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the personal information we shared, if any, with other businesses for marketing uses. Wendal does not, at any time, share your personal information with a third party with whom we know, or have reason to believe, uses your personal information to undertake independent direct marketing. Wendal is not subject, and is not legally required to respond to data requests undertaken pursuant, to the California Consumer Privacy Act of 2018, as amended (“CCPA”). However, if you have questions or concerns about Wendal’s data processing activities, please contact in accordance with the instructions provided below in the “Contact Information” section, and we will seek to accommodate any question or request you may have.
Nevada Privacy Rights.
Pursuant to Nevada law, a “consumer” (as the term is defined therein), may, at any time, submit a verified request through a designated request address to an “operator” directing the operator not to make any sale of his or her personal information that the operator has collected or will collect about the consumer. For clarity purposes, Wendal does not sell or exchange your personal information for monetary consideration to a third party for the third party to license or sell the information to additional persons or parties.
Our Website is not directed to children under eighteen (18) years of age, and we do not intend to collect personal information from minors. By using this Website, or otherwise engaging with Wendal, you represent and warrant to Wendal that you are over the age of eighteen (18).
Do Not Track.
Some browsers have a “Do Not Track” feature, which permits you to inform websites you visit that you do not want them to track your online activity. These features are not yet uniform across browsers. At this time, Wendal’s Website is not able to respond to “Do Not Track” browser requests.
European Union Privacy Rights.
If you are located in the European Economic Area, you may have certain rights with respect to the personal information we have about you. To the extent permitted by the European Union (EU) General Data Protection Regulation (GDPR), and applicable EU Member State data protection laws, you may request the following: access to the personal information we hold about you; that inaccurate, outdated, or no longer necessary information be corrected, erased, or restricted; and, we provide your with your personal information in a format that allows you to transfer it to another entity. You also may withdraw your consent at any time if, and only if, we are solely relying on your consent for the processing of your personal information. You may object to our processing of your personal information where that processing is based on our legitimate interest. For purposes of clarity, we do not engage in any activity that subjects our survey participants, customers, or others to a decision based solely on automated processing, including profiling, which produces legal effects, or similarly significantly results, impacting them. We process your personal information in accordance with the legal bases set forth in the GDPR. For example, our processing of personal information (as described herein) is justified based on the following GDPR provisions and which may overlap: (1) processing is based on your consent; (2) processing is necessary for our legitimate interests as set out herein; (3) processing is necessary for the performance of a contract to which you are a party; and (4) processing is required to comply with a legal or statutory obligation in the EU or in an EU Member State.
You have the right to lodge a complaint with your competent data protection authority. If you wish to exercise any of these rights, please contact us in accordance with the instructions provided below in the “Contact Information” section. We may need to collect and process information about you solely for the purpose of responding and satisfying any data right request you may have.