Privacy
Policy
Updated: January 1, 2023
General Provisions
We care about your privacy and the security of your personal data ("Personal Data"), so we have created this privacy policy ("Privacy Policy"), which explains how we process and protect your Personal Data, we ensure your rights and provide additional information about the processing of your Personal Data.
In this Privacy Policy, the term "personal data" refers to any information or set of information that we can directly or indirectly identify you with, such as your name, email address, telephone number, etc. We process personal data in accordance with the relevant provisions of the GDPR and TCPA and the requirements of the legal acts of the People's Republic of China and the instructions of the authorities.
The Privacy Policy applies when you use our tools and resources available from https://sms-email.wintwo.store (the "Platform"), you request and use information, services or features available on the Platform (the "Services") If you act as a marketing agency, freelancer or affiliate partner and use specific services accessible through a partner portal ("Partner Portal") ("Partner Portal Services"), please visit our website at https://sms-email.wintwo.store and our blog at https://sms-email.wintwo.store (collectively, the "Site"), and to contact us by email, phone, other electronic communications, job applications, etc.
We may use specific software to register certain customers or partners (for example, we may use membership management software to register and manage our membership partners). We want to inform you that our customers or partners will be informed that we use such platforms when registering and that such platforms have separate privacy policies.
For the purposes of this Privacy Policy, the legal representative who registers to the Platform, Partner Portal, uses the Partner Portal Services or the Services is referred to as the "Customer". The person using the Website, social accounts or contacting us shall be referred to as "you" (this definition also applies to the Customer when a specific section of the Privacy Policy applies to both the Customer and other data subjects).
Platforms, partner portals, websites and social accounts may contain links to external websites, such as our partner websites, websites that promote our services. When you click on a link to any of these sites, please note that these sites and the services accessible through them have their own separate privaCapitalized definitions not expressly defined in this Privacy Policy shall have the meaning set forth in the SMS & Email Marketing Terms and Conditions ("Terms"), other documents available on the Platform and the Site, and the GDPR.cy policies and that we are not responsible or liable for this policy or the collection of personal data on these sites. Please be sure to review their privacy policies before submitting personal data there or using the relevant services. If you use the Services, partner portal services, platforms, partner portals, websites or social accounts, subscribe to our newsletters, or contact or reach us regarding any other issue, we assume that you have read and agree to the terms of this Privacy Policy and the purposes, methods and procedures specified therein for the use of your personal data. If you do not agree to the Privacy Policy, you may not use our Services or otherwise interact with us.
Capitalized definitions not expressly defined in this Privacy Policy shall have the meaning set forth in the SMS & Email Marketing Terms and Conditions ("Terms"), other documents available on the Platform and the Site, and the GDPR.
This Privacy Policy may change from time to time, so please visit this site from time to time and read the most current version of the Privacy Policy.
2.Who are we?
|
Company Name |
WinWin Information Technology Consulting Co., Ltd. |
|
Unified Social Credit Code |
91210231MA106GLB9G |
|
Address |
No. 2A, Floor 23, No. 6C, Yiyang Road, Dalian High-tech Industrial Park, Liaoning Province |
We act as a personal data controller in the provision and delivery of services, partner portal services, platforms and partner portals, managing websites and social accounts, performing the day-to-day operations of the company, complying with legal requirements, etc.
When we receive and process personal data on behalf of our customers who use our services and platforms, we do so only in accordance with the terms set out in the data processing agreement ("DPA") we have entered into with our customers. In this case, we act as a processor of personal data of our customers as defined in Article 28 of the GDPR.
We also offer various integrations, i.e. technical solutions, such as plugins, that allow you to integrate our services into other platforms (e.g. e-commerce platforms, social networks, etc.). These integrations can help you analyze your customer flows (by providing anonymous statistics), etc. You can see a list of the integrations we offer here. For more information on how the providers of these integrations handle personal data, please refer to their own privacy policies.
When providing the Partner Portal Services, we act as a sub-processor of personal data and we only sub-process personal data on behalf of our clients in accordance with the agreements signed between SMS & Email Marketing and the delegated clients using the Partner Portal Services, for example, to help their clients perform marketing campaigns on the Platform and manage their accounts. Again, in this case, we process personal data only on behalf of our client and strictly in accordance with the DPA we have signed with that client. Our representatives who are bound by the DPA may also log in to such Partner Portal Service accounts to help them solve problems they encounter while using the Partner Portal Service, adjust their account settings, etc. We assure you that such logins will not be conducted without prior notice or on a regular basis.
3.What personal data do we process?
We process personal data obtained by you in the following ways:
3.1. when you provide us with personal data, for example,
when you register and use the Platform, Partner Portal, Services, Partner
Portal Services, contact us, subscribe to our newsletter, apply for a job
offered by us, etc.
3.2. when we collect your personal data when you use our services, partner
portal services, platforms, partner portals, websites, social accounts, such as
usage history, your IP address, cookies, preferences, opened URL links, etc..
3.3. when we receive personal data from other parties, for example, when we
receive information about payments made from public registries, state or local
government agencies or institutions, our partners, other third parties (such as
payment institutions).
3.4. when your personal data is provided to us by other people (including
companies using our services) with your consent, for example, when these
companies indicate your contact person, refer to you as an authorized person,
etc.
We process personal data to provide and deliver the Services, Partner Portal Services, Platform and Partner Portal in order to fulfill our contractual obligations and to pursue our legitimate interests or those of third parties in compliance with laws, regulations or obligations.
The person providing personal data to us is responsible for the accuracy, completeness and relevance of such personal data and shall obtain the consent of the person to whom the data has been provided to submit his/her personal data to us. We may ask you to confirm that the person has the right to provide us with personal data (for example, by filling out a service order or registration form). If necessary (for example, if someone asks us to receive their personal data), we will indicate the provider of such personal data.
We process your personal data for the following purposes and under the following conditions:
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Purpose of processing personal data |
Personal data being processed |
Personal data processing period |
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Registration and use of the platform, user identification, provision of services |
Name, email, phone number, user name, password, email or marketing automation software used, platform used for the online store, workplace and job information, job title, relationship to the legal entity represented, billing name and address, service and account usage history data, marketing campaign data, content related to the services and account information about the services subscribed to and used and changes made therein. |
During the use of the account and for 5 years after the last login to the account. If the processing of personal data is based on consent during the validity of consent and in case of withdrawal of consent - until the expiration of consent. |
|
Agent/freelancer registration and use of partner portal services, identification, provision of partner portal services |
First name, last name, email, phone number, username, password, workplace and job information, data about partner customers, location data, partner portal service and account usage history, marketing campaign data, content related to services and accounts, other information about partners. |
During the use of the account and for 5 years after the last login to the account. If the processing of personal data is based on consent during the validity of consent and in case of withdrawal of consent - until the expiration of consent. |
|
Franchise partner registration and use of franchise management software, identification of franchise partners, maintenance of business relationships and communication with franchise partners |
First name, last name, email, phone number, username, password, workplace and job information, job title, relationship to represented legal entity, proof of self-employment data, payment data, billing name and address, member link sharing data, member link analytics data, marketing campaign data, content associated with account. |
During the use of the account and for 5 years after the last login to the account. If the processing of personal data is based on consent during the validity of consent and in case of withdrawal of consent - until the expiration of consent. |
|
Sending news, conducting surveys, direct marketing, advertising campaigns |
Name, email address, phone number, data requested in survey announcement/questionnaire, marketing, advertising campaign analysis. |
The data will be processed for 5 years from the date of receipt of consent. |
|
Platform, services, partner portal and partner portal services personalization and quality assurance, protection of our intellectual property and other rights |
First name, last name, email, phone number, username, password, workplace and job information, job title, relationship to represented legal entity, platform, partner portal, partner portal services, and service usage data. |
Data is stored for a maximum of 1 year from the date of collection. |
You have the right to refuse or withdraw your consent to the processing of your personal data at any time, provided that such data is processed in accordance with your consent.
In social accounts, we can share information about ourselves, our content, events, news, surveys, and information about the employees we are looking for. Social account users are also subject to the privacy policies of social network owners. When you contact us through a social account, depending on the privacy settings you choose, we may see certain user account information such as profile first name, last name, image, gender, email address, location, etc. (this list is not exhaustive). If a user posts information by communicating with us on our social accounts (e.g., by posting a comment in the comments section of our social accounts or by posting a message on our social account profiles), depending on the privacy settings selected, the posted information may be posted publicly (e.g., visible to other users on our social accounts).
In some cases, we may use the contact data you provide to send messages related to the subscription or provision of our services or partner platform services, for example, to notify you of order confirmations, expiration dates for subscribed services, temporary or permanent changes to the services, including but not limited to planned outages, new features offered, version updates, point releases, major releases, abuse warnings, and changes to our terms, privacy policies and other documents and agreements. Such communications are necessary for the proper provision of our contractual obligations and services and are not considered marketing communications.
You have the right to change and update the information you provide to us by making changes on the Platform or by contacting us. In some cases, we need to obtain accurate and up-to-date information about you, so we may ask you to periodically confirm that the information we hold about you is correct.
We assure you that SMS & Email Marketing will not share, sell, rent or trade any personal data with third parties for marketing or commercial purposes.
When providing our services or partner portal services, in some cases we may apply automated data decision making, such as to clarify your needs and compliance with requirements. Automated decision-making refers to the use of, for example, software code or algorithms that do not require human intervention to process personal data. We regularly review the standards and models used in automated decision making to ensure their integrity, efficiency and fairness. We do not use analytics-based automated decision-making processes that may have legal consequences or similarly have a significant impact on the rights or freedoms of data subjects. Notwithstanding, you have the right to request human intervention to express your opinion or object to the results of automated decision-making, and in order to protect the rights of children, we do not knowingly collect any personal data from data subjects under the age of eighteen (18) that can be used to clearly identify them, and we do not allow data subjects under the age of eighteen (18) to use any of SMS & Email Marketing' services. If you believe that we may have any information from or about underage children, Please pass support@winwintc.com Contact us.
In some cases, we may take longer to process personal data than specified in this Privacy Policy, for example, when we are required to do so by law, when we are engaged in litigation, arbitration, pre-trial investigations, etc. The Company guarantees that in such cases, your personal data will be deleted as soon as it is not required for such purposes.
4.How do we use your personal data and what principles do we follow?
We only collect and process personal data that is necessary to achieve the purposes we have specified for the processing of personal data.
When processing your personal data:
4.1. we comply with the requirements of existing and
applicable laws, including the GDPR and TCPA, as well as national laws.
4.2. we process your personal data in a lawful, fair and transparent manner.
4.3. we collect your personal data for specific, explicit and legitimate
purposes and do not process it in a manner inconsistent with those purposes,
except as permitted by law
4.4. we take all reasonable steps to ensure that personal data that is
inaccurate or incomplete in accordance with the purposes for which it is
processed will be immediately corrected, supplemented, suspended or destroyed
4.5. that we keep them in such a form that your identity is not established for
longer than is necessary for the purposes for which the personal data are
processed
4.6. that we do not provide or disclose personal data to third parties except
as required by the Privacy Policy or applicable law
4.7. we ensure that your personal data is processed securely, that we ensure
technical and organizational security measures and that we provide access to
personal data only to those employees who require such access for their job
functions.
5.Who do we transfer your personal data to and when?
We will only transfer your personal data as described in this Privacy Policy.
We may transfer your personal data to:
5.1. our business partners, suppliers, subcontractors or
agents providing services to them, or consultants such as auditors, lawyers,
tax advisors, analytics and search engine providers who assist us in improving
and optimizing our platform, as well as the personal data processors we use,
such as ancillary service providers, IT companies, advertising and marketing
agencies, accounting firms, etc. We require data processors to store, process
and handle personal data as responsibly as we do, and only in accordance with
our instructions. A list of our partners and data processors is provided to you
on request (you should request this list separately via the contact details
provided in this Privacy Policy). We have such partners and data processors.
5.2. other third parties, such as payment institutions
5.3. if necessary, to companies that intend to purchase or will purchase our
business or will engage in joint activities with us or will otherwise
cooperate.
6.What rights do you have?
As a data subject, you have the following rights with respect to your personal data:
6.1. to know (be informed) about the processing of your
personal data (right to information)
6.2. to access your personal data and how it is processed (right of access)
6.3. to request the correction or supplementation of incomplete personal data
in accordance with the purposes for which the personal data were processed
(right to correction)
6.4. to request the deletion of your personal data or the suspension of your
personal data processing activities (excluding storage) (right to erasure and
right to "be forgotten")
6.5. to request that we restrict the processing of personal data for one of the
legitimate reasons (right to restriction).
6.6. the right to transfer the data (right to transfer). This right may only be
exercised if there are grounds for exercising it and if appropriate technical
measures are taken to ensure that the transfer of the requested personal data
does not pose a risk of a security breach to the data of other data subjects.
6.7. the right to object to the processing of your personal data when we
process the personal data on the basis of the legitimate interests of the
company or third parties (including analysis). If you object, we will only be
able to further process your personal data for compelling legitimate reasons
that override your interests, rights and freedoms, or to bring, enforce or
defend legal claims.
6.8. withdraw your consent to the processing of your personal data when it is
processed or intended to be processed for direct marketing purposes, including
analysis for such direct marketing purposes (which may be carried out based on
the personal data you have provided) for direct marketing purposes, to provide
you with individually tailored solutions and recommendations. You may withdraw
your consent to the processing of personal data, or object to it, at any time
through automated processing (including analysis).
If you do not want your personal data to be processed for direct marketing purposes, for direct marketing, contests, organization of surveys (including analysis), you can refuse such processing without giving a reason for refusal (no consent) by writing a send an email to support@winwintc.com or in the other way specified in the message provided to you (e.g. by clicking on the link in the newsletter).
We may refuse to exercise your rights as described above when you request that we do not comply with the GDPR and TCPA, or national laws, and it is necessary for us and others to ensure the prevention, investigation and detection of crime, violations of official or professional ethics and the protection of the rights and freedoms of data subjects.
You can exercise some of your rights as a data subject by changing the user account settings in the Platform or Partner Portal and the information contained therein. You may submit any requests or instructions relating to the processing of personal data to us in writing by emailing support@winwintc.com. When submitting such a request, we may ask you to complete the necessary forms and provide identification documents or other information that will help us verify your identity in order to better understand the content of your request. In response to an e-mail request, depending on its content, we may ask you to come to us or submit a written request.
Upon receipt of your request or instruction regarding the processing of personal data, we will respond and perform the actions specified in the request or inform you of the reasons why we refuse to perform them no later than 1 month from the date of the request. If necessary, the specified period may be extended by a further 2 months, taking into account the complexity and number of requests. In this case, we will notify you of such extension within 1 month from the date of receipt of the request.
7.Do we send you news?
With your consent, we may use your personal data for direct marketing purposes in order to provide you with newsletters, offers and information about our services and to enquire about the quality of our services.
The above may be sent by email, by sending a message to the phone number you specify, and by messages from your account in the Platform or Partner Portal. Your contacts may be transferred to our partners who provide news delivery or quality assessment services for us.
By sending such content, we can collect information about the recipients, such as which messages people open, which links they click on, etc. This information is collected in order to provide you with relevant and more targeted news and content.
Even if you have given your consent to the processing of personal data for direct marketing purposes, you can easily withdraw your consent to all or part of the personal data processing activities at any time. For this purpose, you can:
7.1. notify us of your opt-out in
the manner specified in the message provided (for example, by clicking on the
"unsubscribe" link in the newsletter, etc.).
7.2. send a notice to the email address specified in this Privacy Policy. If
you request to withdraw your consent, we may ask you to verify your identity.
If you withdraw your consent, we will attempt to stop sending such content to you immediately.
8.How do we protect your personal data?
Your personal data is processed in a responsible and secure manner and is protected against loss, unauthorized use and alteration. We have taken physical and technical measures to protect the information we collect from accidental or unlawful destruction, damage, alteration, loss, disclosure, and any other unlawful processing. Security measures for personal data shall be determined in accordance with the risks arising from the processing of personal data.
Our employees are under a written obligation not to disclose or distribute your personal data to third parties, unauthorized persons.
9.How we process personal data when we act as data processors
When we provide services to our clients, we act as a data processor (in this case, we process their listings, receive their activity analysis data, etc.). We receive this personal data directly from our clients or we collect it during the provision of our services and process it to properly provide our services. We process data when we manage the platform, solve tasks related to its proper operation, etc.
The personal data we process as a personal data processor may include identity and contact data (name, telephone, email, user name), data received during the provision of services (IP address, correspondence, activity analysis data).
We do not process personal data for longer than the duration of the agreement between us and the client for the provision of the service, unless such data should be processed for a longer period of time to justify the correct provision of the service.
We ensure that our customers trust our data to remain private and confidential. However, we may scan the content of your activity to ensure that it complies with the Terms and applicable laws. We are required to perform such operations to create blacklists, develop and test algorithms, heuristics and other methods and tools for detecting violations, and apply these methods and tools to the Services. We will not sell, rent, lend or invite outside access to any data we trust. We are also committed to not using personal data we trust for any other purpose than those specified in the DPA.
As data processors, we are committed to:
9.1. process personal data in accordance with the DPA and
only to the extent necessary for the performance of the agreement and the
provision of the services thereunder.
9.2. to inform the customer immediately if we are unable to process personal
data for any reason.
9.3. to entrust the processing of personal data only to authorized persons who
have assumed the obligation of confidentiality to the extent necessary
9.4. to transmit to the customer, upon receipt of a request from a data
subject, supervisory authority or any other person to provide the processed
personal data
9.5. not to use personal data for purposes other than the performance of the
Agreement and the DPA, taking measures to prevent accidental or unlawful
destruction, alteration, disclosure of personal data and any other unlawful
processing
9.6. to take appropriate technical and organizational security measures to
protect personal data in accordance with the GDPR and the TCPA
9.7. take into account the nature of the personal data provided, the manner in
which it is provided, in order to enable the Client to access, correct, delete,
limit and transfer the personal data processed by us
9.8. take into account the nature of the personal data processed, the manner in
which it is provided and the technical and organizational measures applied at
the request of the Client to assist in
9.8.1. the fulfilment of the Client's obligation to respond to requests for the
exercise of the rights of the data subject, taking into account the services
provided and the conditions under which the personal data are processed
9.8.2. the fulfillment of specific obligations applicable to the Client in
accordance with the GDPR and TCPA or other laws regulating the protection of
personal data, such as reporting personal data breaches, providing information
in the context of data protection impact assessments and prior consultation.
If, as a result of an instruction or request submitted by the customer, we incur additional costs that have not been agreed between us and the customer, we will notify the customer immediately and we may suspend the processing of personal data (other than storage) until the issue of reimbursement of the additional costs incurred has been resolved.
If we become aware of a personal data breach (an act or omission that may result in or threaten the security of personal data), we will immediately notify the customer in writing and provide the requested information.
Upon request, we will provide the necessary information to demonstrate compliance with applicable personal data processing obligations and allow the client to audit and inspect our activities while processing data on their behalf and to cooperate with their performance.
Client's responsibility:
9.9. The Customer ensures that the personal data submitted to
us for processing are collected and processed lawfully for lawful purposes and
reasons and that the Customer has all necessary consents and rights to the
transfer of personal data. The customer undertakes to duly inform the data
subject about the processing of his personal data and the information
transferred to us. The customer shall be liable for all damages suffered by the
data subject as a result of improper processing of personal data by the
customer.
9.10. we do not individually verify the legality of such data transfers. If
anyone indicates that personal data transmitted to us has been collected or
processed unlawfully, we will immediately suspend the processing of such
personal data until the customer denies these circumstances. The customer bears
all costs and negative consequences associated with such denial, including
delays in the provision of services. We shall not be liable for such
consequences.
9.11. the Client undertakes to provide, in a timely and appropriate manner, the
necessary and lawful instructions regarding the processing of personal data, as
well as all information and documentation required for the processing of
personal data. The instructions are provided in writing, including by e-mail or
by filling out a form prepared by us.
When we act as a data processor in the DPA, you can learn more about how we
process personal data.
10.Contact Us
If you have any questions about the information provided in this Privacy Policy, please contact us at:
Email: support@winwintc.com；
If you wish to make a complaint about our processing of personal data, please provide us with as much information as possible in writing. We will cooperate with you and try to resolve all issues immediately.
11.Final Terms
We may change this Privacy Policy. We will notify you of changes by posting an updated Privacy Policy on the Site or by other commonly used means of communication. Additions or changes to the Privacy Policy shall be effective as of the updated date specified in the Privacy Policy, unless another effective date is specified.
If you continue to use the Platform, Partner Portal, Services, visit the Site, contact us, etc., you are deemed to have accepted the terms of the revised Privacy Policy.