Effective July 26, 2017
- Users in the general public (“Website Users”) who visit and use the publicly-accessible website located at www.wyng.com (“Wyng Site”). Website Users include, by way of example, but not limitation, users who:
- Submit feedback, questions, comments or other user-generated content on the publicly-accessible Wyng support portal located at https://community.wyng.com/community/support. The profile you create on Our site will be publically accessible unless otherwise indicated. You may change the privacy settings of your profile through your account portal.
- Sign up to receive marketing and other communications regarding Wyng including offers We send on behalf of business partners through the “Contact Us” or “Join Our email list” or similar features available on the Wyng Site.
- Publicly state their preferences, experiences or interests regarding Wyng or Wyng’s product or service offerings, in each case as expressed in the course of such user’s use of the Wyng Site by selecting a “Like,” “Follow,” “+1,” or similar public designation of interest.
- Users who are customers or prospective customers of Wyng (“Campaign Operators”) who access and use the Wyng-branded social marketing applications (the “Wyng Applications”), on a trial or paid subscription basis, to operate online social media marketing campaigns or promotions (“Campaign”) on Facebook, Twitter, or any other website operated by a third party on which the Campaign is run (“Third Party Sites”).
1. EU-U.S. PRIVACY SHIELD
Wyng Inc. and its affiliate Wyng UK, Ltd. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Wyng is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List [https://www.privacyshield.gov/list].
Wyng is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Wyng complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Wyng is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Wyng may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that We have not addressed satisfactorily, please contact Our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
2. U.S. – SWISS SAFE HARBOR FRAMEWORK
Wyng complies with the U.S. – Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from Switzerland. Wyng has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Wyng’s certification, please visit https://safeharbor.export.gov/swisslist.aspx.
3. INFORMATION WYNG MAY RECEIVE FROM USERS
3.1 Website Users. If you are a Website User, in the course of using the Wyng Site, you may provide Wyng with (i) personally identifiable information (“Personal Information”) such as your name, phone number, or email address; and (ii) feedback, suggestions, complaints, or other descriptions of your experiences, preferences, or interests in Wyng or the Wyng Applications (“Feedback”).
3.2 Campaign Operators. If you are a Campaign Operator, in the course of using the Wyng Site or the Wyng Applications, you may provide Wyng with (i) Personal Information in your user or account profile with Wyng, such as your name, phone number, credit card or other billing information, email address, and home and/or business postal addresses; and (ii) Personal Information in your user or account profile with the Third Party Site that interact with the Wyng Applications, that may include, but are not limited to, your log in credentials and profile information you have elected to make public; (iii) Personal Information of your Social Users that you elect to collect, process, and/or store in connection with such Social Users’ participation in a Campaign using the Wyng Applications; and (iv) Feedback.
3.3 Social Users. If you are a Social User (e.g. Facebook) in the course of using the Wyng Applications, Wyng may receive, directly or through Campaign Operators, Personal Information of yours that may include, but is not limited to, (i) your social media profile (e.g. your Facebook profile name or handle, and its associated email address, but never your password); (ii) information posted on your social media profile such as wall posts, likes, dislikes, or items you follow, but only to the extent that you make this information publicly available, that you authorize the use of private information through a permission grant or other means provided by that Social Service, or that you provide this information to the Campaign Operators in response to a promotion or other marketing campaign operated by the Campaign Operators by use of the Wyng Applications.
3.4 If you are a Social User We may provide you the opportunity to refer friends to a Campaign Operator promotion. If you choose to do so We may ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to view the Campaign Operator’s promotion. Wyng stores this information for the sole purpose of sending this one-time email and tracking the success of the referral. Your friend may contact Us at email@example.com to request that We remove this information from Our database. If you believe that one of your contacts has provided Us with your personal information and you would like to request that it be removed from Our database, please contact Us at firstname.lastname@example.org.
3.5 Wyng collects information under the direction of its Campaign Operators, and has no direct relationship with the Social Users whose personal data it processes. We may transfer personal information to companies that help Us provide Our service. Transfers to subsequent third parties are covered by the service agreements with Our Campaign Operators.
4. INFORMATION WYNG COLLECTS
In addition to the information identified above, and regardless of the type of user you are, when you visit the Wyng Site or interact with the Wyng Applications, Wyng’s servers and Our third-party tracking-utility partners gather certain information automatically that your browser sends whenever you visit a website. This information may include, but is not limited to, your computer’s Internet Protocol address, browser type, the web page you were visiting before you came to the Wyng Site or interacted with the Wyng Applications, and information you search for on the Wyng Site or the Campaign Operator’s website or the Third Party Site.
5. HOW WYNG USES INFORMATION
We will share your Personal Information with third parties only in the ways that are described in this privacy statement. Wyng uses Personal Information obtained by technical means or directly or indirectly for the following purposes: (i) to provide and improve the Wyng Site, the Wyng Applications, and related Wyng services, features and content, (ii) to administer Campaign Operators’ membership and users’ use of the Wyng Site, (iii) to enable users to enjoy and easily navigate the Wyng Site and Wyng Applications, (iv) to better understand users’ needs and interests, (v) to fulfill requests users may submit to Wyng, (vi) to personalize users’ experience on the Wyng Site or Wyng Applications.
If you are a Campaign Operator, Wyng may use your Personal Information for the following additional purposes: (vii) to provide or offer software updates and product announcements, and (viii) to provide further information and offers from Wyng or third parties that Wyng believes you may find useful or interesting, including newsletters, marketing or promotional materials and other information on services and products offered by Wyng or third parties.
6. SERVICE PROVIDERS AND BUSINESS PARTNERS
Wyng may employ third party companies and individuals to operate the Wyng Site or the Wyng Applications to perform site-related services (such as to maintenance services, database management, customer support, sending emails on Our behalf and web analytics and site improvement) or to assist Us in analyzing how the Wyng Site and the Wyng Applications are used. These third parties have access to your Personal Information only for purposes of performing these tasks on Wyng’s behalf.
Wyng may also provide Personal Information to its business partners or other entities with whom Wyng has cooperative relationships so that they can send you promotional and other information you have requested from Wyng or such business partners. If you provide Us with your Personal Information for these purposes and would no longer prefer it be used you may contact Us at email@example.com.
7. CREDIT CARD PROCESSING
Wyng uses an outside, PCI-compliant card processing company to bill Campaign Operators who are purchasing subscriptions to the Wyng Applications from Wyng. This information is collected and transmitted in a secure manner, using SSL encryption. The credit card processing company does not retain, share, store or use Personal Information for any secondary purposes beyond filling your order. In addition, Wyng will not collect credit card data from Social Users who participate in Campaigns.
8. USER PROFILE INFORMATION
If you are a Campaign Operator, Wyng will display your Personal Information in your profile page and elsewhere on the Wyng Site accessed by you according to the preferences you set in your account. You can review and revise your profile information at any time by logging on to your account and making the applicable changes.
If you are either a Website User or a Campaign Operator and decide at any time that you no longer wish to receive email or marketing communications from Wyng, please follow the unsubscribe instructions provided in any of Our communications or you can contact Us at firstname.lastname@example.org.
We collect information for Our Campaign Operators. If you are a Social User and would no longer like to be contacted by a Campaign Operator that uses the Wyng Applications, please contact the Campaign Operator directly.
9. PUBLICLY-AVAILABLE PERSONALLY-IDENTIFIABLE INFORMATION
Wyng hereby notifies you that, while Wyng discourages the collection and use of any sensitive personally-identifiable information on the part of its Campaign Operators, Wyng does not and cannot review or monitor the type of information which Campaign Operators choose to collect from Social Users as a condition to, or in the course of, operating a Campaign by use of the Wyng Applications.
To request removal of your personal information from Our blog or community forum, contact Us at email@example.com. In some cases, We may not be able to remove your personal information, in which case We will let you know if We are unable to do so and why.
10. SOCIAL MEDIA FEATURES
11. SINGLE SIGN-ON
You can log in to Our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with Us such as your name and email address to pre-populate Our sign-up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
12. OUR POLICY TOWARD CHILDREN
Neither the Wyng Site nor the Wyng Applications are directed to children under 13. Wyng does not knowingly collect Personal Information from children under 13. If a parent or guardian becomes aware that his or her child has provided Wyng with Personal Information without their consent, he or she should contact Us at firstname.lastname@example.org. If Wyng becomes aware that a child under 13 has provided Wyng with Personal Information, Wyng will delete such information from its files, and perform any other acts necessary to comply with applicable law or regulations.
13. AGGREGATE INFORMATION
Wyng reserves the right to use and disclose any information that is aggregate in format or does not contain Personal Information (such as statistics and survey results that do not identify you individually by name).
14. ACCESS TO, CHANGING OR DELETING YOUR INFORMATION
Upon request Wyng will provide you with information about whether We hold any of your personal information. You may access, correct, or request deletion of your personal information provided in your registration or account profile by making changes on the settings page of the Wyng Site or by contacting Us at email@example.com. We will respond to your request within a reasonable timeframe. If you completely delete all such information, then your account may become deactivated and you will not be able to use the Wyng Applications. In certain circumstances, We may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.
Please note that the above will not apply to communications about the Wyng Applications that are considered part of Wyng’s service, in which case you will continue to receive such communications and may not opt out of receiving them unless you cancel your subscription to the Wyng Applications.
If you are a Social User, your Personal Information may not be stored in a way that enables Wyng to individually excise your data. However, your Personal Information will be expunged, overwritten and/or permanently deleted from Wyng’s servers in accordance with Wyng’s industry-standard data retention policies and procedures.
Wyng acknowledges that you have the right to access your personal information. Wyng has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to the Wyng Client (the data controller). If requested to remove data We will respond within 30 days. We will retain and use your information as necessary to comply with Our legal obligations, resolve disputes, and enforce Our agreements.
We post customer testimonials on the Wyng Site which may contain Personal Information. We do obtain your consent via email prior to posting the testimonial to post your name along with the testimonial. If you want your testimonial removed please contact Us at firstname.lastname@example.org.
By providing Wyng with Feedback, you hereby grant to Wyng a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use any Feedback and/or to incorporate such Feedback into the Wyng Site, or Wyng Applications or any service or product developed by Wyng. You acknowledge and agree that any Wyng Application, the Wyng Site, or other product or service incorporating such suggestions, enhancement requests, recommendations or other feedback shall be the sole and exclusive property of Wyng and all such recommendations shall be free from any confidentiality restrictions that might otherwise be imposed upon Wyng pursuant to your written or electronic agreement with Wyng.
17. LINKS; MARKETING CAMPAIGNS
The Wyng Site and the Wyng Applications may contain links to other sites. Please be aware that Wyng is not responsible for the content or privacy practices of such other sites. Wyng encourages all users to read the privacy statements of any other site that collects personally-identifiable information.
18. INFORMATION SECURITY
Wyng takes industry-standard precautions to protect Personal Information. For example, whenever Wyng collects credit card data or other payment information, that information is protected using industry standard encryption and transmitted to Wyng in a secure way. You can verify this by looking for “https” at the beginning of the address of the particular web page.
While the safeguards implemented by Wyng may help prevent or slow unauthorized access, maintain data accuracy, and facilitate the appropriate use of data, WYNG MAKES NO WARRANTY OR REPRESENTATION THAT YOUR INFORMATION IS SECURE FROM INTRUSIONS AND OR UNAUTHORIZED ACCESS BY THIRD PARTIES. If you have any questions about security of the Wyng Site or the Wyng Applications, you can contact Us at email@example.com.
19. LEGAL NOTICE
We may also disclose your personal information as required by law, such as to comply with a subpoena or other legal process, when We believe in good faith that disclosure is necessary to protect Our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
20. BUSINESS TRANSFERS
Wyng may sell, transfer or otherwise share some or all of its assets, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will be notified via email and/or a prominent notice on the Wyng Site of any change in ownership, as well as any choices you may have regarding your Personal Information.
21. LOCATION OF WYNG SERVERS
Wyng’s computer systems are currently based in the United States, so your Personal Information will be processed by Us in the United States. In accordance with applicable law, Personal Information collected on the Wyng Site or by Campaign Operators through the Wyng Applications may be transferred, stored and processed in the United States. By submitting your Personal Information to Wyng or the Wyng Applications, directly or indirectly through a Campaign Operator, you consent to such processing of your Personal Information.
22. CHANGES TO THIS POLICY
23. COOKIES AND OTHER TRACKING TECHNOLOGIES
23.2 Analytics/Log Files. As is true of most web sites, We gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do link this automatically collected data to other information We collect about you.
360 Park Avenue South, 20th floor
New York, NY 10010