Terms & Conditions
This agreement (“Agreement”) is a binding legal contract between you and Windestiny.comTechnology. (and any predecessor and successor entities) (“Windestiny”), covering your use of the website www.selfieym.com and other Windestiny.comwebsites (“Sites”) and any of our services, including without limitation our cross-platform video analytics and intelligence software platform (“Services”). If you do not agree to all of the terms in this Agreement, please do not use the Sites or the Services – if you visit the Sites or use any Services, you are necessarily agreeing to this Agreement.
Authorization
You may access and use the Sites and/or Services only if you are 18 years or older and capable of forming a binding contract with Windestiny.com and are not barred from accessing and using the Sites and/or Services under applicable law. If you are accessing and using the Sites or Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In that case, “you” and “your” will refer to that company or other legal entity.
Your Account
- Some portions of the Sites and some Services can only be accessed with an account (“Account”). You can create an Account via the Sites.
- You are responsible for everything done through your Account so please do not share your ID and password with anyone you do not want to be accountable for. Please notify us right away if you have lost control of your Account ID or password or you suspect there is unauthorized activity in your Account.
Infringement
Windestiny.com is strongly committed to respecting intellectual property and other rights. To report infringement, please email us right away at support@windestiny.com
Ownership: Licenses
Content and Content Rights
For purposes of this Agreement: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Sites or Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Sites or Services. Content includes without limitation User Content.
Content Ownership and Responsibility
Windestiny.com does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Windestiny.com and its licensors exclusively own all right, title and interest in and to the Sites and Services and Content, and all underlying software, technology and processes and any enhancements or modifications thereto, including all associated intellectual property rights therein. You acknowledge that the Sites, Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sites, Services or Content.
Rights in User Content Granted by You
By making any User Content available through the Sites or Services you hereby grant to Windestiny.com a non-exclusive, transferable, sub-licenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Sites or Services, nor any use of your User Content by Windestiny.com on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Rights in Content Granted by Windestiny
Subject to your compliance with this Agreement, Windestiny.com grants you a limited, non-exclusive, non-transferable, non-sub license to view, copy, display and print the Content solely in connection with your permitted use of the Sites and Services.
Content from YouTube
Windestiny.com accesses public Content from third-party social networking services, such as YouTube. Windestiny.com uses YouTube APIs, and by using YouTube Content within WIndestiny Sites and Services you are agreeing to be bound to YouTube’s Terms of Service, which can be found at https://www.youtube.com/t/terms and Google’s Privacy Policy, which can be found at https://policies.google.com/privacy. Third-party social networking services, such as Google and YouTube, may update their Terms of Service and Privacy Policies from time to time, and Windestiny.com is not responsible for your review of any changes or updates to these. We recommend that you review YouTube’s Terms of Service and Google’s Privacy Policy regularly.
Content from Authenticated SNS Accounts
If you have an Account, you may choose to link your Account with third-party social networking services (such as Facebook, Instagram, Google, Twitter, or YouTube) (each, a social networking service or “SNS”) with which you have an account (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information to Windestiny.com through the Sites or Services; or (ii) allowing Windestiny.com to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account in the manner described above. You represent that you are entitled to disclose your Third Party Account login information to Windestiny.com and/or grant Windestiny.com access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Windestiny.com to pay any fees or making Windestiny.com subject to any usage limitations imposed by such third party service providers. By granting Windestiny.com access to any Third Party Accounts, you understand that Windestiny.com may access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“Third Party Account Content”) so that it is available through the Sites and/or Services (as further described in our Privacy Policy). Unless otherwise specified in this Agreement, all Third Party Account Content, if any, will be considered to be User Content for all purposes of this Agreement. Please note that if a Third Party Account or associated service becomes unavailable or Windestiny access to such Third Party Account is terminated by the third party service provider, then the Third Party Account Content that was available from such Third Party Account will no longer be available through the Sites or Services. You have the ability to disable the connection between your Account and your Third Party Accounts, at any time, through the Sites and/or Services.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Windestiny.com makes no effort to review any Third Party Account Content for any purpose, including without limitation for accuracy, legality or non-infringement and Windestiny.com is not responsible for any Third Party Account Content.
Privacy Policy
This Privacy Policy is designed to help you understand how Windestiny, ( “Windestiny.com”, “we”, “us” or “our”) collects, uses and shares personal information.
Table of Contents
• Privacy Policy
• Personal Information We Collect
• How We Use Your Personal Information
• How We Share your Personal Information
• Your Choices
• Other Important Privacy Information
• How to Contact Us
• Notice to European Users
• Cookie Policy
What this Privacy Policy Covers
This Privacy Policy describes how we collect, use, share, and otherwise process personal information your personal information and explains the rights and choices available to individuals with respect to their information. This Privacy Policy applies if you visit our websites at Windestiny.com, pro.Windestiny.com or any other website to which we post this privacy policy (the “Sites”); use our services through a customer administrator account, or receive our communications. For convenience, we refer to the Sites and our services collectively as the “Service”.Please note that we may provide additional or supplemental privacy notices to individuals at the time we collect their data.
We provide services that businesses use to connect individuals, businesses, and agencies in the marketing industry for the express, but not limited purposes of working on influencer marketing projects. This Privacy Policy does not apply to any information collected, used or shared by our customers or that we handle on our customers’ behalf. Our customers have their own policies for how they handle personal information, and our contracts with our customers restrict how we use information that we handle on their behalf. You should contact the relevant customer if you have questions, concerns or requests regarding personal information that the customer handles or that we handle on its behalf.
This Privacy Policy does not apply to [add description (e.g., interactions outside of website/app, etc.)].
Personal Information We Collect
Information you give us. Personal information you may provide through the Service or otherwise communicate to us includes:
• Contact information. When you create an account, use the Service, or contact us through the Sites, we may collect information such as your first and last name, email and mailing addresses, phone number, professional title and company name.
• User generated content. We may collect content or other information that you provide or create when you interact with the Service, such as text from the messaging functionality on our site, text, images and video from your profile, including images to decorate your profile page, biographical data, references to business associates or external blogs or publications, and text from the use of the live chat functionality on our site.
• Events information. If you register for or participate in one of our meetings or events, we may collect the information you provide to us related to or through the event.
• Feedback or Correspondence. We may collect information about you that you provide when you request information from us, interact with us by email, on phone calls, the use of live chat functionality, or through other methods of communication, such as posting public comments, or otherwise correspond with us.
• Application Information. This may include information about grant applicants, job applicants, and similar individuals, such as professional credentials, educational and work history, present and past institutional affiliations, publications, research interests, areas of professional focus or specialization, and other information of the type typically included on a resume, curriculum vitae, or scientific research grant application.
• Demographic Information. Information such as your zip code, gender, date of birth, age and/or income.
• Profile information. Information such as your username and password that you may set to establish an online account with us, a short biography, your photograph, interests and preferences, and social media profile and account information, including the number of followers, comments, and likes your profiles receive.
• Financial information. When you use the Service we may collect payment information about you or your organization, such as tax identification number, bank account information or payment card information.
• Transaction information. Information including details about payments to and from you and other details of products or services you have purchased from us.
• Usage information. Information about how you use our websites and interact with us, including information associated with any content you upload to the websites or otherwise submit to us, and information you provide when you use any interactive features of the websites
• Subscription information. This includes information such your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.
• Other information. We may collect other information about you that is not specifically listed here and will use it in accordance with this Privacy Policy.
Information automatically collected. Our servers and third party service providers may automatically record certain information about how you use the Service and the computers or devices you use to access the Service, such as your Internet Protocol (IP) address, domain name, device and browser type, operating system, Internet service provider, referring/exit pages, the website you visited before browsing to our websites, general location information such as city, state or geographic area; and information about the pages or features of the Service that you browse and the time you spend on those pages or features, the times and frequency with which you use the Service, the links that you click on or use and other statistics. We collect this information in server logs and by using cookies, web beacons and similar tracking technologies. See our Cookie Policy for more information.
Information we get from others. We may receive personal information about you or your company from third parties (e.g., joint marketing partners or social media platforms, your employer, publicly available sources, analytics or data providers, professional recruiters, or researchers). We may add this information to the information we have already collected from you and will handle it in accordance with this Privacy Policy.
Sensitive personal information. We do not intentionally collect any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin; political opinions, religion or other beliefs; health, biometrics or genetic characteristics; criminal background or union membership) through the Service or otherwise, but if you provide it to us, you must consent to our use of this information as described in this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information to us.
How We Use Your Personal Information
We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:
To operate the Service. We use your personal information:
• to provide, operate and improve the Service;
• to communicate with you about the Service, including by sending you announcements, updates, security alerts, and support and administrative messages;
• to communicate with you about events or contests in which you participate;
• to facilitate communication with other site users such as brands, agencies, or influencers;
• to understand your needs and interests, and personalize your experience with the Service; and
• to respond to your requests, questions and feedback related to the Service.
For research and development. We analyze use of the Service to study trends and users’ movements around the Service, gather demographic information about our user base, improve the Service and develop new products and services.
To manage events. We use your contact details and other personal information to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you.
To send you marketing and promotional communications. We may send you promotions, newsletters or other marketing communications, but you may opt out of receiving them as described in the Opt out of marketing section below.
To create anonymous data. We may create aggregated and other anonymous data from our users’ information. We make personal information into anonymous data by removing information that makes the data personally identifiable. We may use this anonymous data and share it with third parties to understand and improve the Service, promote our business and for other lawful business purposes.
Third party sites and services
The Service may contain links to other websites and services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. We do not control third party websites, applications or services, and are not responsible for their actions. Other websites and services follow different rules regarding their collection, use and sharing of your personal information. We encourage you to read their privacy policies to learn more.
In addition, our content may be included on web pages and websites that are not associated with us and over which we have no control. These third parties may collect data through the use of their own cookies, pixel tags or other technology, independently collect information or solicit Personal Information, and may have the ability to track your use of their websites and services. We are not responsible for the privacy practices or the content of any third party.
Security practices. The security of your personal information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. If you have a user account for the Service, you are solely responsible for maintaining and protecting the confidentiality of your account username, password and other account information in your possession.
International data use. We are headquartered in the United States and have affiliates and service providers in other countries, and your personal information may be collected, used and stored in the United States or other locations outside of your home country. Privacy laws in the locations where we handle your personal information may not be as protective as the privacy laws in your home country.
European Union users should read the important information provided below about transfer of personal information outside of the European Union.
Children. The Service is not directed at, and we do not knowingly collect personal information from, anyone under the age of 16. If we learn that personal information of someone under the age of 16 has been submitted to us, we will take appropriate steps to delete it.
Customer-administered accounts. Where the Service is provided to you through your employer or another organization, that organization is the administrator of the Service. We are not responsible for the privacy or security practices of these organizations, which have their own privacy policies. Please note that your organization’s administrator may be able to:
• require you to reset your account password;
• restrict, suspend or terminate your access to the Service;
• access information in and about your account;
• access or retain information stored as part of your account;
• change the email address associated with your account;
• change your information, including profile information; and
• restrict your ability to edit, restrict, modify or delete information.
Please contact your organization or refer to your administrator’s organizational policies for more information.
Changes to this Privacy Policy. We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make changes to this Privacy Policy, we will post them on the Sites and indicate the effective date of the change. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Sites. We may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Site. We encourage you to periodically review our Privacy Policy to stay informed about how we collect, use, share, and otherwise process personal information.