WINMO, LLC

PRIVACY & COOKIES NOTICE

October 2024

Introduction

  1. This Privacy and Cookies Policy sets out the privacy and cookies policy of Winmo, LLC, whose registered address is 3098 Piedmont Rd, Suite 200 Atlanta, GA, USA 30305 and its product Winmo, who controls this website. For the purpose of the General Data Protection Regulation (GDPR), the data controller is Winmo, LLC.
  2. Winmo, LLC is committed to protecting the privacy of its users and the purpose of this Privacy Policy is to describe to you how Winmo, LLC will use personal information about you that is submitted to Winmo, LLC.
  3. Winmo, LLC may revise this Privacy Policy at any time by posting an update on its website(s). Please ensure that you check this website and any other Winmo, LLC website(s) you use from time to time to review the then current Privacy Policy and to update your preferences. This Privacy and Cookies Policy was last updated on October 2024.

Disclaimer

We are committed to full compliance with international data regulations. Winmo processes data under the grounds of “Legitimate Interest” under GDPR. We only collect or action data which is required for our own or our clients’ legitimate interests – which according to GDPR Recital 47 includes direct marketing.

How do we ensure GDPR compliance?

  • We only collect relevant and necessary data for our own or our clients’ legitimate business interests. We remove data from our system when consent has been removed or when it no longer serves the legitimate interest.
  • We keep detailed and accurate records of how we collect and process data. We are able to provide these upon request.
  • We use only GDPR compliant CRM and storage software.
  • We are committed to open and transparent communication in instances where we receive a data subject request, third party request, or perceive a threat to the security of our data.

CCPA

  • While Winmo currently falls outside the specific thresholds of the California Consumer Privacy Act (see conditions below), we remain committed to protecting the privacy of all users, including California residents. We will continue to respect data subject rights and uphold the principles of transparency and user control over personal information.
  • Conditions/Exclusions: CCPA only applies to business that are collecting personal information of California residents and that meet any of the following conditions:
    • Have annual gross revenue in excess of $25 million USD. (EXCLUDES WIMNO)
    • Buy, sell, receive for commercial purposes or share for commercial purposes the personal information of 50,000 or more Californian consumers, households or devices a year. (EXCLUDES WINMO)
    • Derive 50% of more of their annual revenue from the sale of personal data of California residents. (EXCLUDES WINMO)

U.S. Privacy Laws Beyond CCPA

  • Winmo is committed to complying with applicable U.S. data protection laws, including emerging state-level privacy regulations, such as Virginia’s Consumer Data Protection Act (CDPA) and Colorado Privacy Act (CPA). We are closely monitoring developments to ensure continued compliance with all applicable privacy regulations.

Collection of Personal Information

  1. Winmo, LLC collects information provided by you when you register to use our site or subscribe to our services. The types of personal information collected and stored by Winmo, LLC might include your name, business title, business email address, business website address, postal address, and business telephone number, but this will depend on how much data you provide to us at the time. (to the extent permitted by the GDPR)
  2. Winmo, LLC (or any of its sub-contractors) may collect personal information about you in the following ways:

i) any data which you provide when you complete and submit an application to Winmo, LLC to register on its website(s) or receive email alerts, publications or other communications from Winmo, LLC or register to attend one of its events;

ii) any data that you provide via postings to forums and blogs and any other posting that you make to a Winmo, LLC websites (in such circumstances the information posted by you will, of course, also be available to users of the website throughout the world); during any transaction with us; and

iii) any other data which you provide to Winmo, LLC when you enquire about our activities, email, telephone or write to us or otherwise provide us with personal information.

  1. Winmo, LLC (or any of its sub-contractors) may also receive information about you from third parties, for example a colleague who wants to tell you about one of our websites and who uses ‘refer a friend’ type functionality on one of our websites.

Storage and retention of your information

  1. Winmo, LLC will keep your information on a secure server. The technology that Winmo, LLC uses and the security policies which Winmo, LLC has implemented are intended to safeguard your information from unauthorized access and improper use.
  2. Winmo, LLC will keep your information (to the extent permitted by the GDPR) to enable Winmo, LLC to use it for the purposes described in this Privacy Policy. Where you create an account to use our services, we will keep the information associated with that account for as long as the account remains registered with us. Unless you take steps to delete your account, this will include keeping the data after your subscription lapses in order to ensure that you are able to re-activate your account again in the future.
  3. Where personal data is not disposed of immediately after use (e.g. where it is retained for reference or record keeping after the original processing activity has been concluded) you can expect us to periodically review our archives in order to ensure that we are not keeping your personal data for longer than necessary. In particular, we are likely to conclude that personal data no longer needs to be retained once the original purpose for processing it is completed and after any applicable mandatory retention period and/or statute of limitations expires.

Use of Your Information

  1. Winmo, LLC may use your personal information (subject in each case to the requirements of the GDPR) for the following purposes:
  2. i) where you enter into a contractual agreement with us and subscribe to use some or all of the functionality of Winmo, to carry out that contract with you. This will include administering your website account(s) in connection with that service, sending you communications that alert you to changes in the service (or other relevant service communications), and carrying out financial transactions with you to collect payment.
  3. ii) where you enter into other contracts with us, for example by participating in a competition, promotional event, or attending a physical event, we will use your data as necessary to carry out our obligations under that contract (for example, in promotional competitions, to run that competition and award prizes).

iii) subject to your consent, to send you newsletters, marketing communications and/or similar alerts and information regarding Winmo, LLC or any relevant third party’s future services (in all formats to which you have consented e.g. post, email, text); and

  1. iv) for generating aggregated statistics about users, traffic patterns etc. of the Winmo, LLC website(s) and other services and developing Winmo, LLC marketing plans. This is an activity which we have a legitimate interest in performing in order to ensure that our websites and services operate effectively; we take care to ensure that the information we use to make these decisions is minimized and aggregated as soon as possible after collection, so as to minimize any risk to you of you being identified as a result of its use by us.
  2. Winmo, LLC may also disclose your information (subject in each case to the requirements of the GDPR) as follows:
  3. i) if you have given your consent for Winmo, LLC to do so, to other selected organizations to enable them to contact you or send you information by post, telephone and/or email;
  4. ii) to any service providers, sub-contractors and agents appointed by Winmo, LLC to perform the above functions on its behalf and in accordance with its instructions;

iii) to third parties selected by Winmo, LLC as part of aggregated and anonymized statistics about users, traffic patterns etc. of the Winmo, LLC website(s);

  1. iv) to such individuals and/or bodies as necessary to ensure Winmo, LLC compliance with any applicable law, regulation, legal proceeding or governmental request;
  2. v) (where you post material that does or may constitute a criminal offence, breach the rights of a third party, give rise to a civil action or breach the Terms & Conditions of the applicable website and as otherwise necessary to protect the rights, property or safety of Winmo, LLC and its customers), to any relevant authority or third party requiring Winmo, LLC to disclose the identity of or locate anyone posting such material on a Winmo, LLC website;
  3. vi) To other members of Winmo, LLC group (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006).
  4. In the event that Winmo, LLC (or a relevant part of Winmo, LLC) is acquired by or merges with another company, your personal information may be passed to the purchasing/merging company amongst the transferred business assets. This will enable your relationship to continue with the relevant Winmo, LLC business despite the change of ownership. Your personal information may also be passed (on a confidential basis) to companies with whom Winmo, LLC is negotiating such a sale/merger as part of the verification exercise carried out on Winmo, LLC by the third party.
  5. Winmo, LLC is an organization based in the United States of America. When you provide us with your personal data it will be processed on servers located in the USA. In processing your information in accordance with the above, Winmo, LLC may (to the extent permitted by the GDPR) appoint sub-processors who are also located outside of the European Economic Area (“EEA”) including elsewhere the United States of America. Winmo, LLC will take all reasonable steps to ensure that in such circumstances your data is treated securely and in accordance with this Privacy Policy but your attention is drawn to the fact that the laws of countries outside the EEA may provide lesser protection to your information than the UK.

Cookies

When you visit a Winmo, LLC website(s), Winmo, LLC may use “cookie” technology try to make that experience simple, personalized and meaningful. Cookies are small pieces of information which are issued to your computer or any similar device you use to access the internet e.g. smart phone, tablet or other mobile device when you visit a website and which store and sometimes track information about you’re use of the website.

For information on how we use Cookies, please see our Cookie Policy.

 

Third-Party Websites

Please be aware that Winmo, LLC does not control and is not responsible for websites that are referred to or linked from its own websites and that use of your personal information on these websites is not subject to this Privacy and Cookies Policy.

 

Registration

  1. To access certain parts of the Winmo, LLC websites, Winmo, LLC may require you to register and provide certain information about yourself in order to enable it to provide a service to you (such as details about your identity when you create an account).
  2. You are reminded that in addition to the provisions of this Privacy and Cookies Policy, where you register you also agree to:

i) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”); and

ii) maintain and promptly update the Registration Data to keep it fully up to date.

 

 

Your Rights

As a data subject you have a number of rights in relation to your personal data. Below, we have described the various rights that you have, as well as how you can exercise them.

 

Right of Access

You may, at any time, request access to the personal data that Winmo, LLC holds which relates to you (you may have heard of this right being described as a “subject access request”).

Please note that this right entitles you to receive a copy of the personal data that we hold about you in order to enable you to check that it is correct and to ensure that we are processing that personal data lawfully. It is not a right that allows you to request personal data about other people, or a right to request specific documents from us that do not relate to your personal data.

You can exercise this right at any time by writing to us by contacting us and telling us that you are making a subject access request. You do not have to fill in a specific form to make this kind of request.

 

Your Right to Rectification and Erasure

You may, at any time, request that we correct personal data that Winmo, LLC holds about you which you believe is incorrect or inaccurate. You may also ask us to erase personal data if you do not believe that we need to continue retaining it (you may have heard of this right described as the “right to be forgotten”).

Please note that we may ask you to verify any new data that you provide to us and may take our own steps to check that the new data you have supplied us with is right. Further, we are not always obliged to erase personal data when asked to do so; if for any reason we believe that we have a good legal reason to continue processing personal data that you ask us to erase we will tell you what that reason is at the time we respond to your request.

You can exercise this right at any time by contacting us and telling us that you are making a request to have your personal data rectified or erased and on what basis you are making that request. If you want us to replace inaccurate data with new data, you should tell us what that new data is. You do not have to fill in a specific form to make this kind of request.

 

Your Right to Restrict Processing

Where we process your personal data on the basis of a legitimate interest (see the sections of this Policy which explain how and why we use your information) you are entitled to ask us to stop processing it in that way if you feel that our continuing to do so impacts on your fundamental rights and freedoms or if you feel that those legitimate interests are not valid.

You may also ask us to stop processing your personal data (a) if you dispute the accuracy of that personal data and want us verify that data’s accuracy; (b) where it has been established that our use of the data is unlawful but you do not want us to erase it; (c) where we no longer need to process your personal data (and would otherwise dispose of it) but you wish for us to continue storing it in order to enable you to establish, exercise or defend legal claims.

Please note that if for any reason we believe that we have a good legal reason to continue processing personal data that you ask us to stop processing, we will tell you what that reason is, either at the time we first respond to your request or after we have had the opportunity to consider and investigate it.

You can exercise this right at any time by writing to us using the contact details set out here and telling us that you are making a request to have us stop processing the relevant aspect of your personal data and describing which of the above conditions you believe is relevant to that request. You do not have to fill in a specific form to make this kind of request.

 

Your Right to Portability

Where you wish to transfer certain personal data that we hold about you, which is processed by automated means, to a third party you may write to us and ask us to provide it to you in a commonly used machine-readable format.

Because of the kind of work that we do and the systems that we use, we do not envisage this right being particularly relevant to the majority of individuals with whom we interact. However, if you wish to transfer your data from us to a third party we are happy to consider such requests.

 

Your Right to object to processing

You may object to processing of your personal data where we rely on legitimate interest for processing that personal data.  We will comply with your request unless we have a compelling overriding legitimate interest for processing or we need to continue processing your personal data to establish, exercise or defend a legal claim.

 

Your Right to stop receiving communications

Where we send you e-mail marketing communications (or other electronic messages that market products and/or services to you) you have the right to opt-out at any time. You can do this by using the ‘unsubscribe’ link that appears in the footer of each communication (or the equivalent mechanism in those communications).

Alternatively, if for any reason you cannot use those links, or if you would prefer to contact us directly – you can unsubscribe by writing to us at support@winmo.com and telling us which communications you would like us to stop sending you.

 

Your Right to object to automated decision making and profiling

You have the right to be informed about the existence of any decision taken by solely automated means which creates legal effects on you (for example, where your data is used to profile you) and to be provided with meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing that affects you.

At the time of publishing, because of the type of technologies that we use, we do not consider that this right is likely to be relevant to the relationship between Winmo, LLC and our customers.

 

Exercising your rights

When you write to us making a request to exercise your rights we are entitled to ask you to prove that you are who you say you are. We may ask you to provide copies of relevant ID documents to help us to verify your identity.

While you are not obliged to provide us with additional detail, it will help us to process your request efficiently if you clearly state which right you wish to exercise, why it is that you are exercising it, and what you are hoping to achieve/receive. The clearer and more specific you can be, the faster and more efficiently we can deal with your request.

If you do not provide us with sufficient information then we may delay actioning your request until you have provided us with additional information (and where this is the case we will tell you).

 

Contact Details

If you have any queries regarding this Privacy Policy, if you wish to exercise any of your rights set out above or if you think that the Privacy Policy has not been followed, please contact us by emailing at support@winmo.com.

 

You may also lodge a complaint to the supervisory authority about the way we process your personal data.  We would however, appreciate the chance to address your concerns before you approach the supervisory authority, so please contact us in the first instance.