Privacy Policy

Last Updated: September 25th, 2017

Wind, operated by WHAM Network, Inc. (“WHAM” or “we”) has developed this Privacy Policy to help you understand how we use and/or disclose information that you provide to WHAM or information that we collect from you and/or your device (e.g. your computer, phone, or other mobile device) while you use WHAM’s mobile applications (“Apps”), use the websites that link to this Privacy Policy (“Websites”), or otherwise use or access any other service or product provided by WHAM (collectively, the “Services”).

By using the WHAM Services, you agree to how WHAM collects, uses and discloses information that is collected from you. If you are under 18 years old, you acknowledge that your legal guardian has consented to this Privacy Policy. This Privacy Policy is an integral part of the Terms of Use. If you, or your legal guardian do not accept or understand this Privacy Policy, please do not use the WHAM Services.

1. DEFINITIONS.

The following defined terms will have the meanings set forth below:

"Non-Personal Information" means information that, by itself, does not identify a specific individual or entity (e.g., demographic information, usage data or downloads).

"Personal Information" means specific identifiable information about an individual or entity which may be used to identify, contact or locate that person or entity (e.g., name, date of birth, screen name/gamer tag, Device ID (defined below), or email address).

2. WHAT TYPE OF INFORMATION DOES WHAM COLLECT?

The type of information that WHAM collects from you can be broken down into the following categories: information that you provide to WHAM directly and information that WHAM collects automatically while you use the Services or through technology.

A. Information You Provide to Us Directly.

When you use our Services, you may provide certain information to us directly. WHAM may receive and store any Personal Information and/or Non-Personal Information that you provide when you interact with the WHAM Services. Some features and/or functionality of the WHAM Services may be unavailable if you choose not to share certain information. WHAM may use information you provide to communicate with you and improve the WHAM Services. Here are some examples:

i. Email Communications. WHAM may use your Personal Information to send you emails related to the Service and emails related to promotions and/or events. You can opt out of receiving promotional emails by following the instructions in the relevant correspondence. Once WHAM has processed your opt-out request, WHAM will not send you further promotional emails unless you later opt back in. Whether you opt out of receiving promotional emails or not, WHAM reserves the right to email you with respect to important information, notices, or changes relating to the WHAM Services.

ii. Contact Us. If you choose to use the “Contact Us” form you will be asked to provide Personal Information, request type of inquiry, and describe the purpose for which you are contacting WHAM.

iii. Geo-Location Data. WHAM may ask you for, access, or track location-based information while you are downloading or using WHAM’s Services.

iv. Push Notifications. On occasion, WHAM will send you push notifications when using WHAM’s Apps regarding alerts, as well as other account information that may be important to you. If you no longer wish to receive these types of communications, you may opt-out from receiving them by turning them off at the device level through settings of the device.

v. Other Information. You may provide other Personal and Non-Personal Information whenever you interact with the WHAM Services, including, without limitation, when you search the WHAM Services, participate in a contest, survey, or questionnaire, or communicate with WHAM by phone or email.

With any of the above actions, you may supply WHAM with information such as your name, address, phone number, alternate contact information, information about your use of the WHAM Services, personal descriptions and product descriptions.

B. Information Collected Automatically or Through Technology.

When you use our Services, there is certain information we will automatically collect from the device that you are using to access the Services (e.g. your phone or your tablet). Depending on the country you are from, some of this information may or may not be considered personal information: IP address, device ID, geolocation, and other persistent identifiers. Such information may be gathered by the following methods:

i. Tracking. Technologies such as cookies, beacons, tags, and scripts are used by us and our partners, affiliates, or analytics or services providers. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

ii. Device Information. When you download and use the WHAM Services, WHAM automatically collects information on the type of device you use, operating system, application version, and the persistent device identifier (“Device ID”). You consent to WHAM collecting this information.

iii. Metadata. Metadata is data collected and used to facilitate the WHAM Services, monitor system usage, prevent fraud, and for other services. Some examples of metadata that WHAM may collect and analyze include, without limitation, the Internet protocol (IP) address used to connect your phone or tablet to the Internet, connection information (such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform), the full Uniform Resource Locator (URL) click sequence to, through, and from Services, including date and time, cookie number and any products, services or features you use or interact with arising out of or in connection with your use of the WHAM Services.

iv. Log Files. As true of most website and mobile applications, WHAM gathers certain information automatically and stores it in log files. This information may include internet protocol (IP) addresses, internet service provider (ISP), referring pages, operating system, and/or date/time stamp.

v. Tools. WHAM may use software tools to measure and collect information about your use of the WHAM Services, including, without limitation, page response times, upload and file transfer errors, interaction information, and features use. Sometimes you will have a choice whether or not to provide information, but if you fail to provide certain information it could impact some features and/or functions of the WHAM Services.

vi. Information from Other Sources. WHAM may receive information about you from WHAM’s third-party service providers.

vii. Mobile Analytics. WHAM may use mobile analytics software to better understand the functionality of its mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. WHAM does not link the information stored within the analytics software to any personal information you submit within the application.

viii. Local Storage Objects. WHAM uses Local Storage Objects (LSOs) such as HTML 5 or Flash to store content information and preferences.

3. HOW WHAM USES YOUR INFORMATION.

WHAM does not sell, and generally does not disclose, your Personal Information to third-parties without your consent. WHAM uses Personal and Non-Personal Information, among other things, to monitor system performance, analyze internal business systems, improve the WHAM Services, contact you about promotional and marketing activities, provide customer support, and conduct research. The use and protection of information is an important component of WHAM’s business. Examples of how WHAM shares and discloses your information is as follows:

A. Legal. WHAM may disclose information you provide to respond to subpoenas, court orders, requests from authorities, and other legal process, and to establish/exercise WHAM’s legal rights. WHAM may also disclose your information to defend against legal claims when WHAM believes that disclosure is necessary to protect WHAM’s rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. WHAM may share Personal Information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, and situations involving potential threats to the physical safety of any person, violation of Wind’s Terms of Use, or as otherwise required by law.

B. Business Transfers. As WHAM continues to develop its business, WHAM may reorganize as a business entity, acquire entities, subsidiaries, or business units, or enter into joint ventures with third-parties. In any of these types of transactions, any information you provide may be one of the transferred business assets (subject to any pre-existing privacy notice unless you consent otherwise). In the event that all or substantially all of WHAM’s assets are acquired or WHAM merges with a third-party, your information will likely be one of the transferred assets. You understand and agree that WHAM reserves the right to transfer any information collected from you in the case of any such transfer. In such event, WHAM will use reasonable efforts to notify you before Personal Information about you is transferred and becomes subject to a different privacy policy.

C. Affiliated Businesses We Do Not Control. WHAM may use third-party companies and individuals to perform functions on WHAM’s behalf. You may find a list of third-party operators here: [LINK]. Examples include hosting, data storage, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), and providing customer service. WHAM will provide such entities with access to certain information needed to perform their functions, but will take measures to ensure that they may not use it for other purposes. WHAM shares information only as described above and with third-parties that are either subject to this Privacy Policy or to a privacy policy that is at least as protective as this Privacy Policy.

4. SECURITY.

The security of your Personal Information is important to WHAM. WHAM follows generally accepted industry standards to protect the Personal Information submitted to WHAM, both during transmission and once it is received. No method of transmission over the Internet, or method of electronic storage is 100% secure, however, Therefore, WHAM cannot guarantee its absolute security. While no security system is completely secure, WHAM and its third-party partners and vendors take appropriate security measures to protect against unauthorized access or disclosure of the information collected by WHAM. For WHAM, this includes, but is not limited to, ensuring that all Personal Information is disclosed only on a "need to know" basis and ensuring that all Personal Information collected by WHAM is done so via secured connections and protected and encrypted (using secure socket layer technology, "SSL") by industrial grade security software to guard against unauthorized access.

5. SOCIAL MEDIA FEATURES AND TOOLS.

The WHAM Services may include integrated social media features and tools, such as the Facebook “Like” button or the YouTube “Share This” button. These features may collection information on your IP address and may set a cookie to enable the feature to function properly. Social media features and tools are either hosted by a third-party or hosted directly on the WHAM Services. Your interactions with these integrated social media features and tools are governed by the privacy policy of the company providing it.

6. GOOGLE+, FACEBOOK CONNECT, OR OTHER OpenID PROVIDERS.

You may be able to log in to WHAM’s Apps using sign-in services such as Google+, Facebook Connect, or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with WHAM such as your name, birthday, nickname, and/or email address. Sign-in services such as these may give you the option to post information about your activities on the WHAM App to your profile page to share with others in your network.

7. LINKS TO OTHER SITES.

The WHAM Services contain links to other sites that are not owned or controlled by WHAM. Please be aware that WHAM is not responsible for the privacy practices of such other sites. WHAM encourages you to be aware when you leave WHAM’s site or app and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies only to information collected by the WHAM Services.

8. ACCESS/DATA RETENTION.

If your information changes, or if you no longer desire the WHAM Services, you may make corrections and updates, delete inaccuracies, or request deletion or further contact with you, by updating your account information or by contacting WHAM at feedback@windapp.com. WHAM will respond to your access request within a reasonable timeframe.

WHAM will retain your information for as long as your account is active, or as needed to provide services. If you wish to cancel your account or request that WHAM no longer use the information to provide services, contact WHAM at the email address listed above. WHAM will retain and use the information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

9. CHILDREN’S INFORMATION.

WHAM does not knowingly collect personal information from children under the age of 13 without parental consent, except as permitted under the Children’s Online Privacy Protection Act (COPPA). For example, WHAM, and third parties acting on its behalf, collects persistent identifiers from children under the age of 13 to support internal operations for the Services.

If WHAM learns that it has received any other type of personal information from a child under the age of 13, WHAM will delete such information. Please contact us at feedback@windapp.com if you believe an end-user is under the age of 13.

10. CONDITIONS OF USE/CHANGES TO THIS PRIVACY POLICY.

WHAM may update this Privacy Policy to reflect changes to information practices. If WHAM makes any material changes, WHAM will notify you by email (sent to the email address specified in your account) prior to the change becoming effective.

11. CONTACT US.

If you have questions or comments regarding how WHAM protects your information or this Privacy Policy, please contact us at feedback@windapp.com.