Welcome to Winky (the “Platform” or “APP”). The Platform is provided and controlled by NOVACHAT PTE. LTD. This Terms of Service ("Terms") was written in English (US). This Terms is the legitimate agreement by and between You and Winky To the extent any translated version of Terms agreement conflicts against the English version, this English version prevails.
The Summary
You should read this privacy policy because it will tell you exactly how your personal data is being looked after by Winky and it is very important for you to know. Here are the topics that we cover:
What information we collect and how we collect it.
How we use the information and who we share it with.
How you can access and update such information.
How we protect the information we store about you.
The full legal bit
We know that other people’s use of your personal data is a big concern for social network users, so we at Winky have developed the Policy to let you know how we use personal information ('personal data' or 'personal information'). We suggest you read it in conjunction with our Terms and Conditions of Use (the “Terms”). When you access or use Winky, you agree to our Privacy Policy and you consent to our collection, storage, use and disclosure of your personal information as we’ve set out in this Policy.
Winky reserves the right to change this Policy at any time and without notice, so be sure to check this Policy regularly to understand how we use your information.
By installing, using, registering to or otherwise accessing the services, you agree to this privacy policy and give an explicit and informed consent to the processing of your personal data in accordance with this privacy policy. IF YOU DO NOT ACCEPT AND AGREE WITH OUR PRIVACY POLICY THEN YOU MUST NOT ACCESS OR USE THE APP.
Winky user's information
To join Winky you will provide us with information about you to make friends easier?such as your nickname, your gender, your date of birth. Because you control your user profile, these details are available to you at any time by accessing your “Profile” page, which gives you the chance to correct or update your information at any time by just logging in to Winky.
What information does Winky collect?
Registration, Login, and Verification
When you register an account with Winky as a user, you are required to provide us with the following information:
Your mobile number and the SMS verification code: We will send a verification code via SMS to your mobile number, to verify your identity. If you do not provide the verification code you receive, the registration will fail, and as a result, you will not be able to use our Services. Please note that the mobile number you provide will be used as your user account for your subsequent use, and as your user’s identity credential when you log in.
Password: You need to set a login password for your account as login verification information.
Date of Birth:
Before you register a Winky account, you are required to provide us with your date of birth to assess whether you are qualified to register as a user. If you are a minor you shall not use Winky app or Services.
Gender:
When you register a Winky account, you are required to provide us with your gender in order to serve you with more targeted matching services based on the gender information you provide. If you refuse to provide such information, the registration will fail, you will not be able to use Winky app or Services.
Create Your Profile
You may create your profile by creating your avatar with the tool provided by us, setting your nickname, region and providing a self-introduction of you.
Upload Content
When uploading Posts or commenting on other users’ Posts, you agree to share with us the text information posted, pictures, audio and video uploaded. If you do not want to provide such information, please do not use functions related to content publication.
Chat
You may use Winky Services to chat with other registered users, freely choose between text chat and/or voice chat according to your need. We collect your activity information including with whom you have talked, at which time and for how long. Unless specifically required by applicable laws, we will not access to the chat content including your text and/or voice information. If you do not want to provide such information, please do not use functions related to chatting.
Help & Support
If you have any feedback or suggestion or want to express your complaint to Winky app or services, you may provide your comments through “Mine” - “Settings”- “Help & Feedback” within our App. You will need to describe the issue, upload proof photos, text to help us understand your issues and find corresponding solutions. And we will receive your ticket of feedback also reply back.
Location Information:
We collect and use precise location information from your device with your permission when you choose to use location-related features, like when you decide to share your location with your contacts or view locations nearby or locations others have shared with you. There are certain settings relating to location-related information which you can find in your device settings or the in-app settings, such as fate bell. Even if you do not use our location-related features, we use IP addresses and other information like phone number area codes to estimate your general location (e.g., city and country). We also use your location information for diagnostics and troubleshooting purposes.
Personal information automatically collected during the use of our App
When you use Winky, we will collect certain information from your device, including device model, device ID (Android ID, IMEI, IMSI, Mac address), software list, device running status information, operating system version, network log, internet connection situation, software usage records and IP address. We collect such information to perform bug analysis and take anti-spam measures, to ensure your normal use of Winky, and to safeguard your account security. The information mentioned above is the basic information we need to provide you with our services. If you refuse to provide such device information, we may not be able to provide you with the normal services.
We may also use the above mentioned information we collect automatically from your device to improve and optimize our product experience. In such circumstances, we will only process your device information based on your authorization and/or other available lawful basis provided in applicable data protection laws.
System permission inquired by Winky
As mentioned above, in order to provide you with Winky service, we may need to be granted permission to your system (not including permissions granted to third parties) to collect relevant personal information.
After you grant us permission to push notification, we will send you push notifications for you to receive and understand our notice in time. If you refuse to permit such access, you will not be able to receive our notifications.
Access to photo album and storage
After you grant us this access permission, we will access your photo album and use the storage function on your device. It will be used for you to upload texts, pictures, videos and other content in your device, and to cache the text, picture and video content generated during your use of Winky service. Please note that, we will not access your local storage content. If you refuse to grant us such access, you will not be able to use the functions that require this access permission.
Access to microphone
After you grant us this access permission, we will use the microphone on your device and recognize the voice information you transmit. This access will be used to perform voice input and voice changing functions, and to collect and recognize voice information input while triggering such functions. If you refuse to permit such access, you will not be able to use the functions that require this access permission.
Information we receive from others
In addition to the information you may provide us directly, we receive information about you from others, including:
Social Media you may decide to share information with us through your social media account, for instance if you decide to create and log into your Winky account via your social media or other account (e.g., Facebook, Google or Apple)
How we use your information
In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:
help you efficiently access your information after you sign in;
remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
provide personalized content and information to you and others, which could include online ads or other forms of marketing;
provide, improve, test, and monitor the effectiveness of our Service;
develop and test new products and features;
monitor metrics such as total number of visitors, traffic, and demographic patterns;
diagnose or fix technology problems;
automatically update the APP on your device Winky or other Users may run contests, special offers or other events or activities ("Events") on the Service. If you do not want to participate in an Event, do not use the particular Metadata (i.e. hashtag) associated with that Event.
If I put other information about me on the Winky, what does Winky do with it?
Winky is a free social application, which provide a platform for you to make friends easily. When using the Service you should assume that anything you post or submit will be publicly viewable and accessible, both by users of the Service and non-Users of the Service. The viewers may share your information to other sites, such as Facebook, Instagram, WhatsApp, etc. You can also use our messaging/charting features which allow you to communicate with other users in public and/or privately. We recommend and encourage you (and all our users) to think carefully about the information you disclose about yourselves. We also do not recommend that you put email addresses, URLs, instant messaging details, phone numbers, full names or addresses, credit card details, national identity numbers, drivers’ licence details and other sensitive information in your Profile which is open to abuse and misuse.
Please be careful about posting sensitive details about yourself on you Profile such as your religious denomination and health details. When you post information about yourself or use messaging, the amount of personal information you share is at your own risk. If you post anything that is inconsistent with our Terms of Service we reserve the right to terminate your account.
Can Winky collect information about me from other sites I use, such as Facebook?
You can register with third party accounts on Winky. Remember that when you register with a Winky partner, you are also giving them personal information, so we recommend that you read their privacy policies as Winky does not control how they use their information.
If you have registered on one of our partner websites, or you have verified your account via a partner website, we may connect your Winky profile with your profile on such a partner website. We may do this by way of new products and applications which we introduce from time to time, including new products powered by our group companies.
Does Winky collect any other personal information about me?
If you contact our Customer Support team via feedback features in our Service or through any other means, we may receive your email address, your IP address as well as the information you send to us to help resolve your query. When you provide feedback to us you automatically consent us to receive and use such information. You also consent that we are allowed to keep records of our communications with you, including any complaints that we receive from you about other users (and from other users about you).
Does Winky use my personal information for any other purpose?
We may use material that you post on the open access areas of Winky in advertising and promotional materials on our partner sites and partner products. We believe these uses allow us to improve our site and better tailor your online experience to meet your needs.
When I put information about myself on Winky, what do the other users see?
To ensure you get to meet as many people as possible on Winky, other users get to see all information on your Profile. Any information you choose to provide should reflect how much you want other Winky users to know about you. The content you want to post in your moment you can select to whom you want your moments to be seen, before posting a content you can select “Public”, “Show to friends”, or show “only to yourself”. After posting you can also go to your profile page and select to delete it.
What am I allowed to do with other user’s personal information?
Use it to meet new friends and make new contacts! Beware that you may not use other users' information for commercial purposes, to spam, to harass, to threaten, or in any illegal activity. Winky reserves the right to terminate accounts from those who misuse other users' information.
Third parties
Does Winky sell my information to other parties?
Absolutely NO. We do not sell or rent out any personal information about you to any third party. Winky discloses aggregated non-personal data for marketing and promotional purposes. That means we do not disclose any information that could be used to identify you.
Does Winky disclose my information to other parties?
We may share aggregated information with such parties as Facebook that includes your personal information (but which doesn’t identify you directly), together with other information including log data with third parties for industry analysis and demographic profiling.
Winky also wishes to maintain a healthy community, and we will cooperate with all third parties to enforce their intellectual property or other rights. We will also cooperate with law enforcement enquiries from within and/or outside your country of residence. This may include disclosing your personal information to government or law enforcement agencies, or private parties, to protect the rights, property or safety of Winky and the users of APP, or to protect public interest when we have a good faith belief that disclosure is required by law or when we, in our discretion, believe that disclosure is necessary to protect our legal rights, or those of third parties and/or to comply with a judicial proceeding, court order, or legal process served on us. In such cases, we may raise or waive any legal objection or right available to us.
Shumei SDK: Account security risk control
Shumei SDK purpose for Data statistics and Anti-cheating. Collected information: (1) Basic equipment information, including equipment brand, equipment manufacturer, equipment model number, equipment name, equipment system type and version, equipment basic configuration, equipment basic settings, equipment environment; (2) Device identification information,Android ID, IDFV (Identifier For Vendor), IDFA (Identity for Advertisers), OAID (Open Anonymous Device Identifier).(3) Device network information, including network access form, wireless router identification (BSSID, SSID) and IP address, WIFI list, network operator information, network base station information, network connection status. (4) Device application information, including SDK host application package name and version number.
Data storage
Winky is a global social application operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Winky, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
Security
How does Winky protect my personal information?
Winky has implemented reasonable and appropriate security measures to protect and prevent the loss, misuse, and alteration of the information under our control, including your personal information. Winky uses reasonable security measures to safeguard the confidentiality of your personal information such as secured servers using firewalls. Our technical experts at Winky work hard to ensure your secure use of our site.
While we take reasonable precautions against possible security breaches of our website, member database and records, no website or Internet transmission is completely secure and we cannot guarantee that authorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe (including your password) and to log out of your account after use.
We cannot guarantee the security of your personal data while it is being transmitted to our site. Any transmission is at your own risk. Once we have received your information we have procedures and security features in place to try to prevent authorized access.
How do I help keep my information secure?
You may not disclose your password to any third parties or share it with any third parties. If you lose your password or give it out, your personal information may be compromised. If that happens, please report it to our customer service via Feedback. Winky cannot be held responsible for your failure to keep your password secure and failure to do so may violate our Terms of Service.
How do I delete my account?
If you don’t want to use this app anymore and want to delete your account you can operate through “Mine” - “Settings”- “Delete account” within our App, your account will be deleted at your own confirmation immediately.
Please further note that the deletion of your account is irreversible. You understand that upon the deletion of your account, we could no longer provide you with Winky
Services, or collect your personal information. Therefore, we would suggest you be careful when choosing to delete your account.
Your rights
You can review and revise your profile information. Once you register, you will be able to review and change much of your personal information.
Miscellaneous
Copyright Notice
Copyright @ 2023 Winky. All rights are reserved. All materials in APP are the property of Winky and are protected by the copyright laws all over the world. You are authorized to use Winky and its contents solely for your personal, non-commercial purpose unless receiving specific written permission from Winky
Disclaimer
Winky provide all materials in "as is" basis, and hereby disclaims any representations or warranties (expressed or implied) of any kind, including without limitation, any warranties of merchant ability, fitness for a particular purpose, non-infringement or other violation of rights arising from the use, accuracy or reliability of materials of the Service or any sites linked out. You acknowledge any information transmitted may be intercepted. Winkydoes not warrant that its service or the servers which make the Service available or electronic communications transmitted are free from viruses, worms, horses and other items of a destructive nature.
Links to Third Party Sites
There might be links direct you to third party web sites, these links are provided solely as a convenience for you. Winky does not endorse or make any representations or warranties about the contents, products, services available, or the security at such third party web sites.
Safe Harbor Provision
The information you obtain while using Winky may contain certain forward-looking statements, plans and objectives with respect to the financial condition, operation and business of Winky and/or any of its affiliate.The forward-looking statements are only predictions and are not guarantees of future performance. The forward-looking statements shall be subject to risks, uncertainties, and other uncontrollable factors include, but are not limited to, levels of consumer and business spending in major economies, the levels of marketing and promotional expenditures by Winky and its competitors, raw materials and employee costs, changes in future exchange and interest rates, changes in tax rates and technical changes, which could cause actual results materially different from those expressed or forecasted in the forward-looking statements.
Limitation of Liability
WINKY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE APP, ITS CONTENT OR LINKS,INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, VIRUS, APPLICATION FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF Winky HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Winky’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION,INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF APP, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT OF USD 200 DOLLARS.
Governing Laws
This Policy shall be governed by the most applicable laws to that event, which shall be decided by Winky. The jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of this site shall be exclusively.
Prohibited Usage
You will not use the Service for any purpose that is unlawful or not allowed by Winky. You may not use our Service or its contents in any manner which could damage, disable,overburden, or interfere with any person to use this Service. You may not attempt to gain unauthorized access to the Service other accounts, computer systems or networks connection through hacking, password mining or any other means. You may not use or attempt to use this Service through any means unanticipated or intentionally made available by Winky.
IP Protection
Winky respects intellectual property laws and has adopted the following policy toward intellectual property infringement on its products/services. Reporting Instances of Intellectual Property Violations If you believe that any materials or contents in Winky‘s APP infringe copyrights, trademarks, patents, or trade secrets (collectively “IP Right”), please send a notice of IP Rights infringement to Winky's agent with a physical signature of the owner of the IP Right that has been allegedly infringed.
Identification of the material that is claimed to be infringing, including its location on the Winky network, with sufficient detail so that Winky is capable of finding the material and verifying its existence. Please address your intention to remove the alleged infringed materials.
Contact information, including your name, address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the IP Right owner, its agent or law.
A statement by you that the above information in your Notice is accurate and that, under penalty of perjury, you are the IP Right owner or authorized to act on the IP Right owner's Behalf.
Agree to undertake compensation responsibility to Winky for any false and incorrect information addressed in above statements.
Objections to the Reporting
If you have received a IP Right warning from Winky, please contact the below Designated Agent for further discussions and clarifications. Winky will manage the issue in accordance with the Policy/terms and conditions specified by Winky.