PLEASE READ THIS POLICY OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Commonly Used Terms and their Definitions
All initial capitalized terms used in this Agreement shall have the meaning ascribed to such terms. In addition to the terms defined elsewhere in this Agreement, the following terms shall have the meaning listed below:
“Intellectual Property Rights” means any writing, trade name, trademark, service mark, mask work or any other material registered or otherwise protected or protectable under state, federal, or foreign patent, trademark, copyright, trade secret or similar laws.
“Person” means any individual, trust or legal entity.
“Personally Identifiable Information” means information that can be reasonably linked to a specific User.
“Proprietary Information” includes any scientific, technical, trade or business secrets of any person or entity and any scientific, technical, trade or business materials that a person or entity treats, or is obligated to treat, as confidential or proprietary, including, but not limited to, Inventions belonging to a person or entity and confidential information obtained by or given to a person or entity about or belonging to a third party.
“Site Content” means all information on the Site and available through any associated service Wink provides, including without limitation designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format, and their selection and arrangement.
“User” is anyone that accesses the Site other than the Company.
COLLECTION AND USES OF YOUR PERSONAL INFORMATION
Personally Identifiable Information is data that can be used to identify or contact a single person.
If you do provide Personally Identifiable Information, you acknowledge and agree that Wink, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Services. Except as otherwise provided herein, the Personally Identifiable Information you provide to us is used for the Company’s internal purposes only. Wink uses the information it collects to learn what you like and to improve the Services.
Depending on what Services you use, Wink may request Personally Identifiable Information from you, including but not limited to your full name, a valid email address and username and/or password, billing address, credit card information, proof of identification and physical mailing address.
You agree that Wink may communicate with you via email and any similar technology for any purpose relating to the Services.
CONTROLLING AND ACCESSING YOUR PERSONAL INFORMATION
Your personal information is only private to the extent that you keep it private. Should you post personal information on the Site, Wink does not have any control over how another party might use that information. You can access your personal information at any time by emailing Wink at email@example.com.
SHARING YOUR PERSONAL INFORMATION
Wink will not disclose your Personally Identifiable Information without your express approval except: as reasonably necessary to fulfill your service request or purchase order, to third-party fulfillment houses, customer support, billing and credit verification services, and the like; to learn what you like and to improve the Services; to communicate with you regarding the Services and the Company’s business; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud; in connection with a merger, sale, reorganization, dissolution or liquidation of Wink businesses, to prospective or actual acquirers of Wink assets; or as otherwise necessary to protect the Company, its agents and other users of the Services. Wink can (and you authorize Wink to) disclose any information about you to private entities, law enforcement agencies or government officials, as Wink, in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. The Company may share general, demographic, or aggregated information with third parties about its Users and their Content and Services usage, but that information will not include or be linked to any Personally Identifiable Information without your consent.
SECURITY OF YOUR PERSONAL INFORMATION
Wink takes the security of your Personally Identifiable Information very seriously, and follows generally accepted industry standards for the protection of the Personally Identifiable Information that you submit, both during transmission and after receipt. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties.
HOW WE USE YOUR PERSONAL INFORMATION
The Personally Identifiable Information we collect allows us to keep you posted on Wink’s latest product announcements, software updates, new features, and upcoming events. If you do not wish to receive promotional emails from Wink, you can opt out anytime by updating your preferences.
We also use Personally Identifiable Information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.
We may use your Personally Identifiable Information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use your date of birth to determine your eligibility to make a purchase on the Site or to use Wink services.
From time to time, we may use your Personally Identifiable Information to send important notices about Wink, such as communications about purchases, changes to our terms and conditions, or Wink service-related issues. Because this information is important to your interaction with Wink and the Wink service, you may not opt out of receiving these communications.
We may also use Personally Identifiable Information for internal purposes, such as data analysis, understanding our user base, auditing, and research to improve Wink’s products, services and customer relations.
COLLECTION AND USE OF NON-PERSONAL INFORMATION
We also collect data that is not Personally Identifiable Information. That is, data that is in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
We may collect information such as occupation, language, zip code, area code, unique device identifier, location, and time zone where you access the Wink app so that we can better understand customer behavior and improve our products, services and advertising.
We may collect and store details of how you use our services. This information may be used to improve our services, and provide additional services.
RETENTION OF YOUR PERSONAL INFORMATION
Wink uses third-party advertising services to serve Wink ads when you visit the Site and sites upon which we advertise (often referred to as “online network advertising”). This advertising technology uses information about your visits to this Site and the sites upon which we advertise (not including your Personally Identifiable Information) to serve Wink ads to you. In the course of serving Wink advertisements to you, a unique third-party cookie may be placed or recognized on your browser.
In some of our email messages, we use a “click-through URL” linked to content on the Wink website. When customers click on these URL’s, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this manner, you should not click text or graphic links in the email messages.
Pixel tags enable us to send email messages in a format that customers can read, and also tells us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers, or to determine what messages are most effective.
|Type of Cookie||Purpose|
|Essential Cookies||These cookies are essential to provide you with services available through our Site and to enable you to use some of their features. Without these cookies, the services that you request via our Services may not be possible to provide. We only use these cookies to provide you with those services.|
|Functionality Cookies||These cookies allow our Site to remember choices you make when you use our Site. The purpose of these cookies is to provide you with a more personalized experience and to avoid you from having to re-select your preferences every time you use our Site.|
|Marketing Cookies||These cookies provide you with advertisements based on your internet activity. We use these cookies pursuant to our Marketing description, below.|
|Analytics and Performance Cookies||These cookies are used to collect information about traffic to our Site and how users use our Site. The information gathered may include the number of visitors to our Site, the websites that referred them to our Site, the pages they visited on our Site, what time of day they visited our Site, whether they have visited our Site before, and other similar information. We use this information to help operate our Site more efficiently, to gather demographic information and to monitor the level of activity on our Services.|
LEGAL BASES FOR PROCESSING YOUR DATA-EU
We only use your personal information when the law allows us to. Most commonly, we use your personal information in the following circumstances:
- 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, which include growing our business, efficiently dealing with customer complaints and enquiries, efficiently fulfilling our legal and contractual duties and managing legal risk, providing high-quality customer service, and keeping you informed (including marketing).
- Where we need to comply with a legal obligation, such as to record all safety or quality issues for monitoring purposes of the Products and to report safety and quality issues relating to the Products to the relevant regulator or authority.
- Where you have provided your consent (Marketing, below).
In relation to marketing communications, we will provide you with an “opt in” or “opt out” mechanism depending on where you are located when we collect your personal information. An “opt in” mechanism will provide you the opportunity to positively indicate that you would like to receive our marketing communications and we will not send you any unless you have “opted in”. An “opt out” mechanism (e.g., “unsubscribe”) will provide you the opportunity to indicate that you do not want us to send you such communications, and if you “opt out” we will not send you any.
You may opt out of marketing-related emails by clicking on a link at the bottom of each such email, or by contacting us using the contact details above. You may continue to receive service-related and other non-marketing emails. We will get your express opt-in consent before we share your personal information with any third party for marketing purposes.
LINKED WEBSITES, SERVICES
The Services may contain links to websites other than the Site, and redirection or pass-through to, or integration of, services other than the Services. Except as set forth herein, Wink does not share your Personally Identifiable Information with these websites and services, nor is Wink responsible for the privacy practices of these websites and services. Wink makes no representations or warranties concerning such websites and services, nor shall Wink have any liability concerning such websites and services.
REVIEW SECTIONS OF SITE
The review sections of pages associated with the Site are public. The information that you provide in such portions of the Site is publicly available to others, and can be read, collected and/or used by others, potentially outside the Site. The opinions expressed by each review section participant (who is not an employee of Wink) are his/her own and do not represent the views of Wink.
You grant to Company a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise any copyright, publicity, and database rights you may have in User Content you provide in the reviews sections of the Site (including without limitation, your name, voice, image, likeness, and representations made by you), in any media now known or not currently known (including, without limitation, television, print, radio and the Internet), world-wide, for the purposes of advertising, promoting, reporting and disseminating information about the Company or the Company’s business, services and products.
The Services are not directed to or intended to be used by children under the age of 13. Wink does not knowingly collect Personally Identifiable Information from children under the age of 13. If Wink learns that it has collected Personally Identifiable Information of a child under the age of 13 without parental consent, we will delete that data from our systems. If you become aware that a child has provided Wink with Personally Identifiable Information without parental consent, please contact Wink at firstname.lastname@example.org.
SHINE THE LIGHT
California Civil Code Section § 1798.83 permits users of our web site that are California residents to request certain information regarding our disclosure of personal information to other parties for their direct marketing purposes. To make such a request, please send an email to email@example.com with the subject “Shine the Light Request.”