Privacy Policy

This Privacy Policy explains the kinds of information we may collect, how we use and share this information, and how you can exercise your rights in relation to such information. Capitalized terms not defined in this Privacy Policy have the meaning set forth in the Wink End User Terms of Use.

This Privacy Policy only applies to Personal Information that is Processed by Wink in our capacity as a “business” or other similar term under applicable data protection laws. Except as otherwise stated herein, this Privacy Policy does not apply to any uses of Personal Information by a Wink Merchant or any Personal Information that Wink Processes on behalf of the Wink Merchant pursuant to a separate customer agreement. If you are a customer of a Wink Merchant, you should check the privacy policies of the Wink Merchant to understand how they may use your Personal Information. The Wink Services may, from time to time, contain links to and from the websites of other businesses. If you follow a link to any of these websites, please note that these websites have their own privacy notices and that we do not accept any responsibility or liability for their privacy obligations. Please check their privacy notices before you submit any Personal Information to these websites.

1. Information We Collect.

“Personal Information” is any information relating to an identified or identifiable natural person. “Process” or “Processing” means any operation which is performed upon Personal Information. The types or categories of Personal Information we collect and how we collect and process it depends on the nature of the relationship you have with Wink and the requirements of applicable law. We may collect the following information:

• Information You Provide Directly to Us.
  We collect Personal Information you provide directly to us, including Personal Information and transaction information when you use the Wink Services, including your account information such as name, phone number, email address, and credit card number when you create a Wink Account or a Wink Merchant Account, your contact information when you communicate with us, and information you may provide to us in connection with surveys, contests, or sweepstakes. When you communicate with Wink (via email or telephone) we collect the contents of those communications, including recording the call time, call duration, and contents of telephone calls.
• Information from Other Sources.
  When you make a purchase from a Wink Merchant using your Wink Account, Wink collects information your purchase such as order information, shipping information, order updates, purchase frequency, Wink Merchant account information, and any rewards or discounts applicable to your purchase. Wink may also obtain information about you from other sources, including publicly or commercially available information and through third-party partners and service providers.
• Automatic Data Collection.
  We may collect certain information automatically through your use of the Wink Services (including our websites), such as your Internet protocol (IP) address, Technologies including cookie identifiers and mobile advertising identifiers, mobile carrier, MAC address, IMEI, and other device identifiers that are automatically assigned to your device, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Wink Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Wink Services, and other information about actions taken through use of the Wink Services.

2. How Wink Uses Information

We Process Personal Information for a variety of business purposes, including:

• To Provide the Wink Services or Information Requested by You.
  Wink will use your Personal Information to provide the Wink Services. For example, if you have a Wink Account, Wink will use your Personal Information to extract anonymized biometric data when you enroll in or authenticate your identity through Wink in connection with your transactions with Wink Merchants, including to (i) process payments for purchases from Wink Merchants; (ii) verify your identity to approve transactions, and monitor your online behavior to identify potentially fraudulent, prohibited or illegal transactions (including through the use of automated decision making technologies); (iii) communicate with you about your purchases, e.g. to provide shipping and returns updates; and (iv) to personalize your shopping experience with Wink Merchants.
• For Administrative Purposes.
  Wink may use your Personal Information for our administrative purposes, including (i) authenticating and verifying your identity, (ii) to respond to your questions, comments, and other requests for customer support, technical support, or information, including information about potential or future services; (iii) to send you an SMS login code; (iv) to provide you access to certain areas, functionalities, and features of the Wink Services; (v) for internal quality control purposes; (vi) if you have a Wink Account or Wink Merchant Account, to communicate with you about your Wink account and the Wink Services, including by sending emails to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance, and changes to Wink policies; (vii) to enforce our agreements; and (viii) to generally administer the Wink Services.
• To Market the Wink Services.
  Wink may use Personal Information to market the Wink Services as permitted by applicable law. Such uses include (i) notifying you about offers and services that may be of interest to you; (ii) tailoring content, advertisements, and offers for you; (iii) conducting market research; (iv) developing and marketing new products and services, and measure interest in Wink’s services; (v) other purposes disclosed at the time you provide Personal Information; and (vi) as you otherwise consent. If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you can contact privacy@wink.cloud at any time.
• De-identified and Aggregated Information Use.
  Wink may use Personal Information and other information about you to create de-identified and/or aggregated information. De-identified or aggregated information is not Personal Information, and Wink may use such information in a number of ways, including the measurement of visitors’ interest in and use of various portions or features of the Wink Services, for research, internal analysis, analytics, and any other legally permissible purposes.
• Cookies and Similar Technologies.
  We, as well as third parties that provide content, advertising, or other functionality on the Wink Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Wink Services. We use Technologies that are essentially small data files placed on your device that allow us to record certain pieces of information whenever you visit or interact with the Wink Services. If you would like to opt out of the Technologies we employ on the Wink Services, you may do so by blocking, deleting, or disabling them as your browser or device permits. See our Cookie Policy for more information.

3. Sharing Your Information.

Wink does not share, sell, rent or loan Personal Information with independent third parties, but more importantly, it cannot decrypt your biometric data. Nevertheless, we may access, preserve, and disclose any information we store in association with you (eg email address) to external parties if we, in good faith, believe doing so is required or appropriate to:

• Comply with law enforcement or national security requests and legal process, such as a court order or subpoena.
• Protect your, our, or others’ rights, property, or safety.
• Enforce our policies or contracts.
• Collect amounts owed to us.
• Assist with an investigation or prosecution of suspected or actual illegal activity.

Under such circumstances where the law, a court order or other legal process prohibits notice prior to disclosure, none shall be provided.

We may share your information with the following categories of third parties as set forth below:

• Wink Merchants.
  We may share any information we receive from you with the Wink Merchant from whom you purchase or seek to purchase products or services in order to facilitate and support your transaction. Your Personal Information will also be subject to the Wink Merchant’s privacy policy. We are not responsible for the privacy and security practices of Wink Merchants.
• Service Providers.
  We may share any information we receive with service providers that help us provide the Wink Services. The types of service providers to whom we entrust Personal Information include service providers for: (i) the provision of the Wink Services; (ii) the provision of hosting, IT and related services; (iii) the provision of information and services you have requested; (iv) payment processing; and (v) customer service activities.
• Affiliates.
  Wink may share Personal Information with our Affiliates for our and our Affiliates’ internal business purposes or to provide you with a service that you have requested. “Affiliate” means any entity that, directly or indirectly, controls, is controlled by, or is under common control with Wink.
• Business Partners.
  Wink may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. Wink requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Wink provided them.
• Advertising Partners.
  Through the Wink Services, Wink may allow third-party advertising partners to set Technologies (e.g., cookies) to collect information regarding your activities (e.g., your IP address, cookie identifier, page(s) visited, time of day). These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Wink related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” If you prefer that we do not share your Personal Information with third party advertising partners, you may opt out of such sharing by following the instructions in our Cookie Policy.
• Disclosures to Protect Us or Others.
  We may access, preserve, and disclose any information we have associated with you if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) enforce Wink policies or contracts; (v) collect amounts owed to Wink; (vi) prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) carry out actions that we believe are otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on our services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized or illegal activities.
• Merger, Sale, or Other Asset Transfers.
  If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.
• International Data Transfers.
  All Personal Information collected by Wink will be transferred to and stored in the United States. By choosing to visit our website, utilize the Wink Services or otherwise provide information to us, you acknowledge that your Personal Information may be transferred to countries outside of your country of residence, including the United States, which may have different data protection rules to those of your country.

BIOMETRIC INFORMATION RETENTION POLICY

• Wink itself (the service) including this Website, the face and voice authentication programs, APIs and Wink app, does not store biometric information.
• This Biometric Information Retention Policy is provided pursuant to the Illinois Biometric Information Privacy Act (“ BIPA ”) and other applicable laws that govern the collection of biometric data. It also describes the purpose for which your biometric data may be collected, an applicable retention schedule, and guidelines for permanently destroying your biometric data.
• Purpose of Collection. Wink’s access to or collection of your Personal Information in connection with the Merchant Services, if any, may include biometric identifiers and/or biometric information (collectively, “biometric data”). Wink does not interact directly with you with respect to collection of your biometric data. Through our clients (eg a Website that implements Wink Login and/or Wink Payments) and at their specific direction, Wink may access, process, and store your biometric data for the purpose of future facial authentication when you enroll on a given application, on behalf of and as instructed by our clients. Wink cannot decrypt, nor it will not sell, lease, trade, or otherwise profit from your biometric data.
• Retention of Biometric Data. BIPA provides that biometric data must be destroyed at the earliest of three years of the last interaction with you or when collection purpose has been met. Wink will, therefore, destroy your biometric data, if any, within the time required by law. Specifically, Wink will permanently destroy your biometric data, if any such data is in its possession, (1) when the initial purpose for collecting or obtaining such data has been satisfied, (2) when a client deletes its application's facial index or (3) within 3 years of our last interaction with a given Wink client (eg a Website that implements Wink Login and/or Wink Payments), whichever occurs first. In many but not all cases, and subject to the direction of our clients.

4. How to Exercise Your Rights

You may have choices about our use and disclosure of your Personal Information:

• Direct Marketing: Email.
  If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails, and we will process your request within a reasonable time after receipt. We may also send you certain non-promotional communications regarding Wink and our services and you will not be able to opt out of those communications.
• Do Not Track.
  Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
• Your Privacy Rights.
  In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your Personal Information; (ii) obtain access to or a copy of your Personal Information; (iii) receive an electronic copy of Personal Information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) object to or restrict our uses of your Personal Information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed Personal Information; (vi) withdraw your consent; and (vii) request erasure of Personal Information held about you by us, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us as set forth below.

We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.

5. Data Retention

Wink retains the Personal Information we receive as described in this Privacy Policy for as long as you use the Wink Services or as necessary to fulfill the purpose(s) for which it was collected, provide our services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

6. Security of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

7. Children’s Privacy

Our services are not directed to children. If you are under the age of 16 you are not permitted to use the Wink Services. We do not knowingly collect Personal Information from children under 16. If you learn that your child has provided us with Personal Information without your consent, you may alert us at privacy@wink.cloud. If we learn that we have collected Personal Information of a child under 16, we will take steps to delete such information from our files as soon as possible and terminate the child’s account.

8. Updates to this Privacy Policy.

We may revise this Privacy Policy in our sole discretion. If we make material changes to this Privacy Policy, we will notify you as required by applicable law. We will post any Privacy Policy revisions on this web page, and the revised version will be effective immediately when it is posted. If you continue to visit our website or use the Wink Services after such changes have been made, the revised Privacy Policy will be applicable to you. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

9. Additional Information for Individuals located in the European Economic Area, Switzerland, or the United Kingdom

If you are located in the European Economic Area (“EEA”), Switzerland, or the United Kingdom:

• Wink takes reasonable steps to ensure that the Personal Information we collect is reliable for its intended use, accurate, complete, and up to date. Our legal basis for collecting and using the Personal Information described in this Privacy Policy will depend on the Personal Information concerned and the specific context in which we collect it. We collect and use your Personal Information to pursue our legitimate interests, in order to enter into or perform a contract with you, with your consent, or to comply with our legal obligations. If you wish to learn more about specific legal grounds we rely on to process your Personal Information for any particular purpose (including any legitimate interests we have to process this information), please contact us as provided in Section 11.
• You have the right to lodge a complaint with the data protection authority about our collection and use of your Personal Information in relation to the General Data Protection Regulation (GDPR) and other applicable law. For more information or to submit a complaint, please contact your local data protection authority. Contact details for data protection authorities in the EEA and Switzerland are available here. Contact details for the Information Commissioner’s Office in the United Kingdom are available here.

10. Additional Information for California Residents

If you are a consumer located in the state of California, USA, we process your personal information in accordance with the CCPA. This section provides additional details about the personal information we collect and use.

• We Collect, Use, and Disclose your Personal Information
  This Privacy Policy describes the personal information we may collect about you, including the categories of sources of that information. We collect this information for the purposes described in Section 4 (“How We Use Your Personal Information”) and share this information as described in Section 5 (“How We Share Your Personal Information”). Wink uses cookies, including advertising cookies, as described in our Cookie Policy.

• Your CCPA Rights and Choices
  As a California consumer and subject to certain limitations under the CCPA, you have choices regarding our use and disclosure of your personal information:
• Exercising the right to know:
  You may request the following information about the personal information we have collected about you:
  
  • The categories and specific pieces of personal information we have collected about you.
  • The categories of sources from which we collected the personal information.
  • The business or commercial purpose for which we collected the personal information.
  • The categories of third parties with whom we shared the personal information; and
  • The categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.
• Exercising the right to delete:
  You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.
• Non-discrimination:
  The CCPA provides that you may not be discriminated against for exercising these rights.
  Exercising the Right to Opt Out from a “Sale”. California residents may opt out of the "sale" of their personal information. The CCPA broadly defines "sale" in a way that may include allowing third parties to receive certain information such as cookie identifiers, IP addresses and/or browsing behavior to add to a profile about your device, browser, or you. Such profiles may enable delivery of interest-based advertising by such third parties within their platform or on other sites.
  Depending on how you use the Services, we may share the following categories of information for such interest-based advertising which may be considered a sale (as defined by the CCPA): identification and demographics; device information and identifiers, such as IP address and unique advertising identifiers and cookies; connection and usage information, such as browsing history or app usage; and inference data. If you would like to opt out of Wink’s use of your information for such purposes (to the extent this is considered a sale), you may do so by contacting us at privacy@wink.cloud.

11. How to Contact Us

If you have any questions, comments, or suggestions about our privacy practices, this Privacy Policy, or if you wish to submit a request to exercise your rights as detailed in this Privacy Policy, please contact Wink by email at privacy@wink.cloud. We will address your concerns and attempt to resolve any privacy issues in a timely manner.

You may also contact us by mailing us at:
Payfave Inc. dba Wink
Attn: Legal Department
6600 Chase Oaks Blvd., Suite 150
Plano, TX 75023

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