Windward Software Systems Inc. Privacy Policy

Windward Software Systems Inc. (“Windward”) is committed to protecting the privacy of your information. Please take a moment to read this Privacy Policy (“Policy”) to understand how Windward collects, uses, stores and deletes Personal Information about you when you visit and/or use this website.

A. Policy Purpose:

Windward offers information, services, and products (collectively, “Services”) to you, Windward’s customers, website visitors, and users. Windward owns this website, www.windwardsoftware.com (the “Site”), to help Windward provide these Services to you. Windward sometimes collects Personal Information to provide Services that you request, and to better understand Windward’s customer’s wants and needs. “Personal Information” is information that specifically identifies an individual. Personal Information can include, but is not limited to, your name, address, e-mail address, phone number, and credit card information.

B. Policy Revisions:

This Policy was last revised on July 1, 2022. Windward may change this Policy at any time and for any reason. Windward encourages you to review this Policy each time you visit the Site.

C. Information Collected by Windward:

1. Automatically collected:

Windward’s website, www.windwardsoftware.com, collects the following:

• Internet Protocol (IP) address of computer being used
• web pages requested
• referring web page
• browser used
• date, time and time zone used

The foregoing data from anonymous visitors to the Site is not associated with individual user identities and not “Personal Information”.

2. Other Information collected:

In addition to the information automatically collected from anonymous visitors to the Site, other information is collected and stored when (i) a user registers on the website and/or (ii) user logs in to view restricted content or to submit forms. Specifically, the following information is collected and mapped to a locally created account:

• user first and last name
• business or customer name
• email address
• data from completed webforms related to registration on the website or to requests about Windward products and services, which webforms will require users to give contact information including name, business name, email address.
• data from completed webforms for customer support
• any information a user of the website voluntarily provides, including any optional information requested on a webform such as phone number or location.
• Information from other sources, such as purchasing groups or referral partners which information may be combined and handled under the terms of this Policy.

3. Data from Cookies:

The Site uses cookies and collects data from cookies and similar tracking technologies which keeps track of online activity when using the website.

• You can completely disable cookies in your browser at any time.

It is important to note that if you change your settings and block certain cookies, you will not be able to take full advantage of some features of the Site, and Windward might not be able to provide some features you have previously chosen to use.

• How do I change my cookie settings?

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org.

Find out how to manage cookies on popular browsers:

• Google Chrome
• Microsoft Edge
• Mozilla Firefox
• Microsoft Internet Explorer
• Opera
• Apple Safari

To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout.

D. Windward’s Use and Sharing of Personal Information

1. Use

Windward uses the information it collects to provide Services to you, including:

• Fulfill or deliver the information or services you request
• Provide, maintain, improve and develop new products, services and features, including debugging and repairing errors in Windward Services
• Personalize your experience with Windward
• Send you technical notices, security alerts, support messages and other transactional or relationship messages, including responding to your inquiries and comments
• Communicate with you about products, services and events offered by Windward and others and provide news and information Windward thinks will interest you. You are able to opt-out of these marketing materials by using a link within the materials themselves.
• Monitor and analyze trends, usage, and activities in connection with Windward products and services
• Detect, investigate, and help security incidents and other malicious, deceptive, fraudulent, or illegal activity, and help to protect the rights and property of Windward and others
• Comply with Windward’s legal and financial obligations
• Create de-identified, anonymized or aggregated information
• Fulfill any other purpose at your direction
• Windward may also use your Personal Information (such as search terms) to optimize Windward’s exposure and availability on external web search engines such as Google. More on this use may be found below.

2. Sharing

There may be times when Windward needs to share your Personal Information with third parties to provide you Services, for the proper functioning of website features, to comply with the law, and for other lawful bases consistent with locally controlling laws and regulations as more specifically described below:

• Service Providers

Windward may use third party service providers to maintain databases, distribute information, process transactions, customer support, and for hosting services. When Windward engages a Service Provider to provide such business-related functions, Windward limits the amount and types of Personal Information Windward shares and insists upon reasonable measures on behalf of the Service Provider to safeguard such information.

• Business Transfers

Windward may disclose and transfer Personal Information to a third party in the event that a merger, acquisition, debt financing transaction, sale of Windward’s assets, other similar transaction, bankruptcy, insolvency, or receivership occurs. The third party would thereafter be entitled to review and use such information (including Personal Information) in connection with its business activities, and in such case, the privacy policy of the third party may thereafter apply to such information, rather than this Policy.

• Legal Protection

Windward may disclose Personal Information if Windward believes it must to comply with a law, or if disclosure is in Windward’s interest to protect property or other legal rights. This may include disclosing Personal Information to enforce contracts and agreements, to protect the rights or property of others, or to help protect the security of Windward’s Service and the information of other users.

• Location Information

Windward may share aggregate, non-personally identifiable location information with third parties to assist in understanding Windward’s user’s interests and usage of Windward’s Site and Services.

• Online Analytics

Windward may use third party data analytics services to help Windward improve Windward’s services.

These include Google Analytics, which helps Windward understand how you use Windward’s Services. Google Analytics collects data about your traffic via Google advertising cookies and anonymous identifiers, as well as data collected through standard Google Analytics implementation. Windward strives to adhere to Google Analytics Advertising policies.

Windward will not facilitate the merger of personally identifiable information with non-personally identifiable information collected through any Google Advertising product or feature.

Windward reserves the right to test, turn on, or turn off any of the Google Analytics features from time to time without notice to you. By utilizing certain Google Analytics Advertising features, Windward is required to disclose the following information:

Windward uses the following Google Analytics Advertising Features: The Site may employ Google® Analytics Display Advertising features.

The Site and other third-party vendors may use first-party cookies (such as the Google® Analytics cookie) or other first-party identifiers, third-party cookies (such as the DoubleClick cookie), or other third-party identifiers together. Visitors to the Site can opt out of the Google® Analytics Advertising Features used, including through Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI's consumer opt-out).

You may revoke your consent to the use of web analysis at any time, either by downloading and installing the provided Google Browser Plugin or by following your internet browser’s instructions to enable, disable, or clear cookies.

Further information on Google Analytics is available in the Google Analytics Terms of Use, the Privacy and Data Protection Guidelines of Google Analytics and in the Google Privacy Policy

E. Data Retention

Windward stores the information it collects about you for as long as is necessary for the purpose(s) for which Windward collected it and in accordance with applicable law and legitimate business interests.

When assessing the data retention period, Windward takes into account the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which Windward processes the data and whether Windward achieves those purposes through other means, and the applicable legal requirements.

F. Security of Information

Windward has reasonable and appropriate security measures in place to protect against the loss, misuse, and alteration of any Personal Information it receives about you. Windward maintains appropriate security standards to protect the Personal Information that it maintains.

Unfortunately, no data transmission or storage can be guaranteed to be completely secure. As a result, while Windward strives to protect your Personal Information, you acknowledge that: (a) Windward cannot control security and privacy indefinitely; (b) the security, integrity, and privacy of information or data exchanged between you and Windward cannot always be guaranteed; and (c) any such information and data may be viewed or compromised when in transit by a third party.

G. Accuracy of Information

Windward strives to keep Windward’s records accurate and will make appropriate corrections when you notify Windward. Please let Windward know if there is incorrect information in any statements or other communications that you receive from Windward. If you would like to correct or update your Personal Information, please contact Windward at privacy@windwardsoftware.com.

H. Special Disclosures

1. “Do Not Track” Disclosures

California and Delaware require websites accessible by users based in those states to indicate whether the website respects “Do Not Track” browser settings. Windward follows the standards explained in this Policy and do not interact with or implement “Do Not Track” requests.

2. Children’s Privacy

Windward’s Services and the Site are not directed at children under the age of 13, and Windward does not knowingly collect Personal Information from children under the age of 13.

3. Your California Privacy Rights

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please contact Windward at privacy@windwardsoftware.com

4. European Data Subjects

The European Union (“EU”) General Data Protection Regulation (“GDPR”) provides certain regulations for the processing of personal data of users who are located within the EU. The GDPR applies when an entity offers goods or services to a person located within the EU or monitors the behavior of a person if the behavior takes place in the EU.

In the event that Windward offer Services subject to the GDPR, Windward will comply with the requests of European data subject requests to: (1) access Personal Information, (2) have inaccurate or unnecessary Personal Information rectified or deleted, or (3) stop using your Personal Information in a certain way. If your use of the Services or Site is subject to GDPR you would also have a right to lodge a complaint with your local EU regulator.

5. Location of Processing

Although based in Canada, Windward also has operations in the United States, and personal information may be transferred to, stored, and processed in Canada, the United States, and other countries in which Windward or its affiliates, partners, service providers, or agents maintain facilities. By sending Windward Personal Information or using the Site, you agree and consent to the processing of your personal information in locations such as the United States, which may not offer the levels of protection required in other countries. Windward relies on recognized legal bases to lawfully conduct cross-border/international transfers of Personal Information, such as express consent, when transfer is necessary for Windward to deliver services pursuant to an agreement, or when the transfer is subject to safeguards that assure the protection of the Personal Information.

6. No Responsibility for External Sites:

This Site may contain links to other websites. Some of those websites may be operated by third parties. Windward provides such links for your convenience, but Windward do not review, control, or monitor the privacy practices of websites operated by others.

Windward is not responsible for the performance of websites operated by third parties or for your business dealings with them. Therefore, whenever you leave this website, Windward recommends that you review each website's privacy practices and make your own conclusions regarding the adequacy of these practices.

I. Contact Information

If you have any questions about this Policy, please contact Windward at: privacy@windwardsoftware.com.