How we collect your information
Information You Provide
Through your use of our website, www.wnytreeservices.com, and other communications, WNY Tree Services, Inc. (“WNY Tree Services”) may collect and store personally identifiable information about you. Generally, personally identifiable information means information that can be used on its own or with other information to identify, contact or locate a single person, or identify an individual in context. This information may include your name, e-mail address, telephone number, employment details, information regarding your computer system, and other information.
We may also log Internet Protocol (IP) addresses, the location of your computer, your browser name, type of computer, operating system, technical information about your means of connection to our website, and other similar information. We may use this information in an aggregate fashion to track access to the website, provide summary statistics about our customers’ interests and preferences, products/services sold, traffic patterns, and related site information to a third party, in order to enhance the design of our website and to customize new product and service offerings to our customers.
Our email newsletters utilize tracking technology that allows us to see how many newsletter e-mails are opened and the e-mail address of users who have clicked on a given feature. We use this information for internal purposes, to measure the aggregate number of people who view our content.
Third-Party Vendors, Service Providers, and Content
We are not responsible for the use of any personal information provided by you to other sites accessible through our site, as such use is not subject to our control. Any use of your personal information by such third parties is governed by those individuals or entities and their own privacy policies and terms of service, if any.
The contents of our website may from time to time contain documents, images, information, media and other materials not proprietary to WNY Tree Services, such as photographs, artwork, articles, clips, other text or audiovisual elements, and the names, trade names, trademarks, logos, trade styles or designations of third parties which have been published in newspapers, magazines or other media or venues, and may include the name, trade name or trademark of the medium or venue in which such materials were published or displayed. Any use thereof whatsoever is strictly prohibited, unless the prior written permission of the appropriate third party has been secured. WNY Tree Services has no editorial control of such third-party content and does not guarantee the accuracy, completeness or usefulness of any such content nor its merchantability or fitness for any particular purpose.
How we process your personal information
The following sets forth the ways we process your personal information. For residents of the European Economic Area, this disclosure is required by GDPR Articles 13 and 14. GDPR also requires us to inform you that the legal basis for processing this information is, as applicable, your consent, our legitimate interest, or a contract we have entered into with you.
(a) We may process information about your use of our communications (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency, and pattern of your use. We use this usage data for the purposes of analyzing your use of WNY Tree Services’s content.
(b) We may process information contained in any inquiry you submit to us (“inquiry data”). We use this inquiry data for the purposes of offering, marketing and selling relevant goods and/or services to you and for customizing the content we develop and send to you.
(c) We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters and downloading WNY Tree Services or third-party white papers (“notification data”). We use this notification data for the purposes of sending you relevant notifications, newsletters and/or white papers.
(d) 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 will generate the metadata associated with communications made using the website contact forms. We use this correspondence data for the purposes of communicating with you and record-keeping.
(e) We may process any of your personal information where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure and where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks or obtaining professional advice.
Other disclosures of your information
We may store personal information in locations outside the direct control of WNY Tree Services (for instance, on servers or databases co-located with hosting providers).
As we develop our business, we may buy or sell assets or business offerings. Customer, email and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers or dissolution. In such cases, we cannot control acquiring parties’ use of your information.
We may disclose your information if required to do so by law, court order or subpoena, or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect WNY Tree Services’s rights or property. We will also disclose your personal information to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we believe to be unlawful.
Links to other websites
WNY Tree Services may contain links to other websites or services that may be subject to less stringent privacy standards. WNY Tree Services does not assume and expressly disclaims any responsibility for the content, performance, privacy practices, policies or actions of the third parties that operate these websites or services, including but not limited to their external websites, apps, software, or any links found in such external web site. We are not responsible for how such third parties collect, use or disclose your personal information. You should review their privacy policies before providing them with personal information. URLs pointing to documents or sites outside of our website are provided to you only as a matter of convenience. The inclusion in the site of any URL or link does not imply an endorsement of a specific vendor, information provider, individual, entity, group or organization by WNY Tree Services. Linking to our website without authorization is prohibited. You may request authorization by sending an e-mail complete with the URLs of the site wishing to establish a link to [email protected].
Your right to opt out
We offer commercial email recipients the opportunity to opt-out of further communications in every email. If you want to stop receiving commercial emails, promotional or other marketing materials, you can do so at any time by contacting WNY Tree Services at [email protected].
WNY Tree Services is headquartered in the United States. If you are located in Canada, the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our website, participating in any of our services and/or providing us with your information, you consent to this transfer.
California and Canadian users
Under the California “Shine The Light” law, California residents may opt-out of the disclosure of personal information to third parties for the third parties’ direct marketing purposes. California residents also have the right under certain circumstances to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to [email protected] and please include the phrase “California Privacy Request” in the subject line, the domain name of the web site you are inquiring about, along with your name, address and email address. We will respond to you within thirty days of receiving such a request. Canadian residents also have certain rights to know how their information may be shared with third parties for direct marketing purposes. As detailed above, you may contact us for such information or to opt-out of the sharing of your personal information with third parties for marketing purposes at any time by sending an e-mail stating this preference and including your full name and e-mail address to [email protected]. Please note that this opt-out does not prohibit disclosure for non-marketing purposes.
European economic area users – your data protection rights under General Data Protection Regulation (GDPR)
The General Data Protection Regulation, effective May 25, 2018, requires that certain information and certain rights be provided to residents of the European Union, as follows.
How to exercise your rights
If you reside in the European Economic Area, you have certain rights to the personal information that we have collected about you. To exercise your rights to your personal information, please contact us at [email protected]. We will respond to reasonable requests as soon as practicable. You have the following rights:
(a) Right Of Access To Your Personal Information: You have the right to ask us for confirmation on whether we are processing your personal information, and access to the personal information and related information on that processing (for example, the purposes of the processing, or the categories of personal information involved).
(b) Right to Correction: You have the right to have your personal information corrected.
(c) Right to Erasure: You have the right to ask us to delete your personal information. This right may be exercised, among other times: when your personal information is no longer necessary for the purposes for which it was collected or otherwise processed; when you withdraw consent on which processing is based and where there is no other legal ground for processing; when you object to processing and there are no overriding legitimate grounds for the processing; or when your personal information has been unlawfully processed.
(d) Right To Restriction Of Processing: You have the right to request the limiting of our processing under limited circumstances, including: when the accuracy of your personal information is contested; when the processing is unlawful and you oppose the erasure of your personal information and request the restriction of the use of your personal information instead; or when you have objected to processing pending the verification whether the legitimate grounds of WNY Tree Services override your grounds.
(e) Right To Data Portability: You have the right to receive the personal information that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.
(f) Right to Object: You have the right to object to our processing of your personal information, as permitted by law. This right is limited to processing based on GDPR Art. 6(1)(e) or (f), and includes profiling based on those provisions, and processing for direct marketing purposes, after which we will no longer process your personal information unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms or for the establishment, exercise or defense of legal claims.
(g) Right to lodge a complaint before the data protection authority. We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority if you consider that the processing of personal information relating to you infringes applicable data protection laws.
The security of WNY Tree Services’s website and your information is of great importance to us. WNY Tree Services has security measures in place to protect the loss, misuse, and alteration of your information under WNY Tree Services’s control, but we make no assurances about our ability to prevent any such loss, misuse or alteration, and we shall have no liability to you or any third party from any loss, misuse or alteration. We do not warrant that your access to our website is completely secure.
WNY Tree Services shall notify any user whose information is suspected of being accessed, disclosed, altered or deleted by an unauthorized person so that the user can take appropriate measures to minimize the adverse effect of such a data security breach (a “Breach Notification”). WNY Tree Services will make such Breach Notification soon after it learns of a breach, unless it deems, at its sole discretion, that such Notification might hinder and prevent ongoing efforts to detect the source of the breach. For the avoidance of doubt, a Breach Notification does NOT constitute an admission by WNY Tree Services that the breach occurred as a result of any conduct by WNY Tree Services or its personnel, including but not limited to malpractice, failure, bad faith or negligence, or that the breach occurred in WNY Tree Services’s systems.
Violation of security rules may result in criminal or civil liability and prosecution. WNY Tree Services will refer to the proper authorities any occurrence that may constitute any such violation, and cooperates fully with law enforcement agencies in ensuring the prosecution of violators. This list of security violations is by way of example only and is by no means intended to be exhaustive: gaining access to data without proper authorization; logging onto a server, account, area of the site without proper authorization; scanning, probing or testing for vulnerability of the site’s system or attempting to do so, and attempting to breach the security of the site, without proper authorization; attempting to interfere with the functionality or features of the site or its systems by introducing viruses, overloading, flooding, mail-bombing, or crashing; and sending unsolicited promotional e-mail messages.
WNY Tree Services does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use our website and other communications. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we will take steps to remove that information.