Welcome to Winnin!
Thank you for signing up for Winnin Insights, and using the services and sources available for You as part of our solution (collectively referred to as “Services” or “Winnin Insights” ).
This document describes the Terms and Conditions (“Terms of Services” or “Terms”) that You need to know in order to use the Services offered by Winnin Inc, a company incorporated under the laws of Delaware, located at 108 West 13th Street, Wilmington, Delaware 19801, New Castle County and its subsidiaries or affiliated companies (hereinafter referred to as “Winnin Inc”, “we” or “our”).
The use of Winnin Insights depends on your acceptance of these Terms of Services and Winnin Privacy Policy. These documents, or any of the other documents comprising this Agreement, can be updated from time to time (collectively referred to as “Agreement”). The links made available in this Agreement are just for informational purposes and are not part of the Agreement.
We ask You to read this Agreement carefully and make sure You understand it, before using the Winnin Insights. If you don’t understand the Agreement or do not accept any part of it, then you should not use the Service, because the access and use is conditioned to the acceptance and compliance with this Agreement. This Agreement will be applicable to all Users. I. Description of Winnin Insights Service
Winnin Insights is a proprietary solution of Winnin Inc, which uses artificial intelligence to map trends and behaviors through the consumption of online videos available on social media in real-time. Our technology optimizes the creative performance of our clients, increasing engagement and conversion for their brands, helping to understand which content and creators are relevant to different audiences and cultural niches.
All of this is achieved through analysis of public data available on the world’s major online video platforms, such as YouTube, Instagram, Facebook, Twitch, among others, offering a variety of analytical information about the cultural behavior of millions of online consumers, locally and globally.
The Service provides organized information such as, but not limited to, the target audience, performance topics, content creators and the most relevant brands in the online universe in a given space of time and territory. Such information is organized into modules and tools for a better user experience.
In Winnin Insights you will find the following tools:
- Workspaces: An exclusive workspace where the teams can monitor in a customized way the behavior around the video creation strategy. The numbers of Workspaces will be made available in accordance with the Winnin Insights Plan You signed up for. In each Workspace, Users will be able to connect one or more accounts of social video (such as Youtube’s) to gain access to a deeper analysis of the content created, audience customized data, competitors and benchmarks. Users can use that information as reference, such as recommended Videos and Creators to help understand the main strategy performance of Your Company and, at the same time, to have more information about how Your Company can make better decisions in order to reach organic relevance.
- Culture Mapping Dashboard: Within this module we list all the topics identified by Winnin Culture Mapping I.A (artificial intelligence technology from Winnin Inc.), which gathers, understands, and analyzes billions of videos and online interactions, such as comments and likes, as well as organizes information in topics and categories. Currently, the topics classified in the Service include data in English, Portuguese and Spanish languages.
Users can research the target audience through demographic data, such as age, gender, and country. With this, You can see which topics are most consumed by a certain group of people. - Topics & Keywords Intelligence: With this tool it is possible to view and analyze relevant and more in-depth information on a given topic, such as but not limited to the average of engagements, views, geographically distributed performance behavior, relevant creators/influencers to this topic and the most used keywords (“tags”). It is also possible to filter subtopics through keywords. The list of videos belonging to a topic may be filtered or not by Tags.
- Creators Profile Intelligence: This module allows the Users to access, view, and analyze the performance data of creators and influencers in their different social accounts, besides the data of the videos created/published by them.
Users can also have access to information and data such as the numbers of creators’ performance metrics, as well as their development in time, in addition to analysis of the topics most related to the creator and information from its audience. - Brands Profile Intelligence: This module allows access, view and the analysis of the performance data of published videos and other interactions of a brand, besides providing the aggregated data from different social accounts of the brand in one place.
Users can also have access to information and data such as the numbers of brands performance metrics, as well as its development in time, and analysis of the topics most related to this brand and information from his audience. - Video Profile Intelligence: This tool allows Users to have access to, view, and analyze the performance data of a certain video, performance graphics over time, analysis of what subject the video is related to, its creator, among other relevant information.
- Estimated Audience Intelligence: This module analyzes the information of consumers who somehow interacted with the videos, whether through comments, likes, shares, among other interactions and/or types, formats of contents published by the creator, in order to estimate the demographic distribution of the audience of a topic, creator or a brand.
Audience information is also available in the other tools of the Solution, making it possible to view demographic data by age group, gender and country.
Other information can be found in the “People Also Watch” section, which brings information about the interest of a given audience or other interest that one particular audience may have to give more information about their behavior and performance. - Performance Compare: In this module it is possible to compare the performance data of topics, subtopics, brands, and creators of different platforms, revealing trends and audiences’ cultural behavior.
- Winnin Insights Video Database: Users can search millions of videos from Youtube, Instagram, Twitch and Facebook platforms through Tags or related terms, with the use of more than one term to niche their search, and can also combine filters to facilitate access to the desired information.
- Winnin Reports: In addition to accessing our solution, Users will also be able to access (1) a weekly report with predictive insights on the Cultural Calendar, Relevant Formats, Hot Topics and Creators Trending and; (2) a premium service of customized reports with the most relevant cultural insights to solve your main business challenges, as included in the plan You signed up for.
- Winnin AI Reports: This tool enables the automatic creation of reports through artificial intelligence, aiming to consolidate relevant insights for video creation, creator discovery, sharing information and mapping topics that are relevant within the specified territories. The reports have a user-editing functionality for enhancement or alteration of information that is relevant to them. Sharing of Winnin AI Reports is possible among users within the same company or they can be made public for general access. As any artificial intelligence tool, its usage requires caution and in no way reflects Winnin’s opinions or stances or any of its legal representatives, employees, and/or third-party affiliated companies.
The nature of artificial intelligence requires critical evaluation of the shared and generated guidelines, as they are based on data and algorithms, and do not substitute for human analysis.
All the tools are subject to change from time to time as the Winnin Insights service updates are released. For that reason, the experience and availability of some modules may change, which may consist in but not limited to, the insertion or removal of information, analysis, and/or graphic evolution of Winnin Insights interface as a whole. Any questions about changes in the functioning of Winnin Insights can be made through the technical support email <cs@winnin.com>.
Please keep in mind that the Services are provided for Companies. Therefore, if You are using the Service on behalf of a company or organization, You declare having the authority to act on behalf of that entity, and that such entity accepts this Agreement. The Company will have the responsibility for informing Winnin if a User eventually ceases to be its representative, so that we can immediately remove or change the data of authorized representatives.
Thus, Winnin Inc will not be liable if a person who does not obtain the necessary power or is not properly authorized by the Company accepts this Agreement on its behalf.
To use the Service, You must subscribe to one of our products, register yourself and your team as a User and create an account within Winnin Insights. By proceeding with this registration, You agree to provide truthful, accurate, complete and up-to-date information about yourself and Your Users, as requested in the registration form, and to update it whenever necessary. The registration information will include full name, email, position and the name of the company on behalf of which You are accessing Winnin Insights. It is forbidden the use of nicknames that are likely to cause confusion that violate the rights of third parties of any nature, or that are considered offensive, vulgar or otherwise inappropriate.
Winnin Inc. may remove Your user name or change in its sole discretion any user name that violates the conditions set out in these Terms of Service or in the legislation.
Our Privacy Policy explains how we treat Your personal data and protect your privacy when using the Winnin Insights. We only process Your data to customize your experience and improve the Services, always in accordance with the Terms herein and our Privacy Policy. By registering at Winnin Insights, You declare that You understand and accept the terms set forth herein, as well as the collection and process of your data.
Your data usage will be stored within our database and our’s partners below:
No User data shall be shared with third-parties for other purposes, other than those described in these Terms.
To protect your Winnin Insights account, keep your login and password confidential. You must not share this information! And if You get to know of any unauthorized use of Your password or account, please contact us through cs@winnin.com.
Remember that you are the sole responsible for maintaining the confidentiality of the password defined to access Winnin Insights, as well as for all the information you provide to Winnin Inc. That’s why, You are responsible for any and all activities or actions that occur under your account and/or password. Winnin Inc. is not responsible for any damage resulting from the disclosure of the password by You to third-parties, or for the use of the password by third-parties to obtain access to Your account.
In case you forget or lose Your password or username, the data will be recovered upon security checks. Winnin Inc reserves the right to suspend or cancel the access to the account at its sole discretion if it believes there is a security breach. For this reason, Winnin Inc may require You to change any and all passwords used to access Your Winnin Insights account.
To the extent that the loss has not been caused due to negligence, willful misconduct, fraud or bad faith by Winnin Inc, we will not be liable for any loss that You may incur as a result of someone else using your username or password, either with or without your consent. To the extent acceptable by the applicable law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgment, and reasonable attorney’s fees for Your intentional or negligent failure to safeguard username and password information.
We reserve ourselves and of our employees the right to access Your account and the information that you have provided for support, maintenance and provision of the Services or for any security-related, technical or billing reasons.
The Service may be accessed and used as made available and in compliance with these Terms of Service and the applicable law.
By using the Service, you agree to comply with the Terms of Service of the partner platforms, as provided in Chapter IV of this document.
Furthermore, You agree not to practice the following acts, under penalty of being warned and having your subscription at Winnin Insights suspended or canceled, temporarily or permanently, without prejudice to other measures:
- perform any acts that infringe any of Winnin Inc. intellectual property rights or in any way violate third-parties rights;
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with Winnin Inc prior written permission f and, if applicable, from the respective right holders as well;
- use the Service for a purpose other than that contracted and identified in the Winnin Insights Agreement and in these Terms of Service;
- circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the use of the Service or (b) limit the use of the Service;
- use or employ any methods that interfere with the data made available on the Winnin Insights, or that provide any undue advantage to any user; violate or encourage others to violate these Terms of Service, third-party’s rights, the Winnin Privacy Policy, any laws, rules or regulations;
- violate or encourage others to violate these Terms of Service, third party rights, Winnin’s Privacy Policy, any laws, rules or regulations;
- access the Service using any automated means (such as robots, botnets or scrapers), except with Winnin Inc prior written consent;
- misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
- register with false information, pretend to be any person or representative of an entity that is not competent to do so, to deceive third-parties or for any other purpose;
- attempt and/or use reverse engineer or otherwise attempt to invade or harm Winnin Insights;
- allow third-parties to use Your account at Winnin Insights.
Winnin Inc. will be entitled to delete and remove Your account, in our sole discretion, if it understands that You have violated any of the above provisions.
The use of the Service does not give You ownership of or rights to any aspect of the Service, including usernames or over any other content made available on Winnin Insights.
The content on the Service includes videos, audios (e.g. music and other sounds), graphics, photos, text, brands (including trade names, trademarks, service marks or logos), interactive features, software, solution, metrics, and other materials either provided by us or by third-party platforms from where the data is collected (collectively, “Content”).
In case you notice any Content You believe does not comply with these Terms, including by violating the law, You can report it to us at legal@winnin.com.
The data made available in the Service is public and collected from social media, such as, but not limited to Facebook, Instagram, Youtube and Twitch, through access to its APIs, and they are only processed for availability on the Service.By using Winnin Insights, you will also be subject to the Terms of Service of those platforms. If You want access to the Terms of Service of those platforms, just click, above, on the name of each one and You will be redirected.
Winnin Inc. takes no responsibility for, endorses or makes any representations about these third party sites, any information, software, products, services or materials extracted from our partner platforms. If You decide to access any of the third party sites linked within the Service, You do so entirely at your own risk and You must follow the privacy policies and terms and conditions of those third party sites.
Besides that, the Winnin Insights resources available may have limitations in terms of number of characters, formatting, reproduction, origin, time, quality, among others, at the exclusive discretion of Winnin Inc. Winnin Inc is constantly working to improve, develop and change our Service. Therefore, We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with the law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Wherever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of the Service. However, You understand and agree that there will be times when We will make such changes without previous notice when, for example, We feel We need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
Through this agreement, Winnin Inc grants to You, as long as You are in compliance to this Agreement, a limited, non-exclusive, non-transferable license, with no right to sublicense, to view, use and capture images of the Content available in accordance with the conditions set forth herein and in your Agreement, not being allowed the transfer or sublicense of this license, except when otherwise provided in your Winnin Insights Subscription Agreement. Winnin Inc does not use the data collected and stored on the Winnin Insight for any advertising and/or commercial purposes.
Winnin Inc. does not endorse products, services, content, news, information and data operated by third-parties and is not responsible for any transaction related to them, or for any consequences that may arise from Your use of these products, services, content, news, information and data contained in the Winnin Insights.
Winnin Inc. and its licensees/authorized parties are the sole and exclusive owners of all intellectual property rights in Winnin Insights and all related goods and services, including softwares, brands, logos, domain names, layout, trade dress, designs, among others (“Winnin Inc Intellectual Property”).
By accepting these terms, You acknowledge and agree that the Winnin Inc Intellectual Property may never be used in any form and in any media without prior and express authorization of Winnin Inc. The simple use of the Service or the provision of service to Winnin Inc does not grant You a license to use Winnin Inc Intellectual Property.
You must include the phrase “Powered by Winnin Insights” in any material, even those for internal use only without disclosure to the public, in marketing materials or any other material available to the public that contains data and/or analysis made available by Winnin Insights. In case of use in digital media, in addition to the credit established hereinabove, You must also include the hyperlink in the material.
Winnin Inc is not obliged to accept or consider any ideas, feedbacks, suggestions, comments or materials submitted by You and the public (“Suggestions”), especially if such Suggestions are protected by intellectual property, unfair competition or other rights. However, if You send any Suggestions to Winnin Inc., hereby you grant for the maximum period permitted by law, a exclusively license over all rights arising from the Suggestions, and Winnin Inc shall be able to freely use any concepts, ideas, know-how or techniques contained in any Suggestions for any purpose, including, without limitation, development, commercialization and exploitation of products and services in Brazil and abroad from such information, without any compensation to You.
Winnin Inc may promote ‘beta testing’ programs for new products, services, and/or features of the Services and/or provide the Contractor and User with a mechanism to provide feedback, suggestions, and ideas, which will also be considered Suggestions.
In case You provide Winnin Inc with any Suggestions about the Service, you hereby grant Winnin Inc a non-revocable, sub-licensable and royalty free right and license to make use of, copy, disclose, license, and distribute such Suggestions in any manner without any obligations, of whatever kind, towards You. Nothing in this Agreement shall be construed as a limitation on Winnin Inc to make use, develop and market any Service incorporating the Suggestions that You have provided.
You agree to respect the intellectual property rights of Winnin Inc and third parties and warrant that You will not make any use of the Service in a manner that violates such intellectual property rights. Besides that, You agree not to remove, alter or obscure any copyright, trademark or other proprietary rights notices incorporated in or accompanying the Service.
If you believe that your copyright or any other right has been infringed by the Service, please send us a notice through legal@winnin.com.
Winnin Inc reserves the right, in its sole discretion, to take repressive measures against the User who violates third-party’s rights while the use and for the Winnin Insights subscription. If You acknowledge any infringement of a third party’s rights, the interested party must notify Winnin Inc. by email to legal@winin.com .
The notification must contain the following information: (i) statement that the interested party has identified material in Winnin Insights that violates third-party rights (that could be Yours or of a third-party who has authorized You to act on its behalf); (ii) description of the protected property (video, image, work, brand, photography, industrial design, among others); (iii) detailed description of the manner in which the right was violated; (iv) location in Winnin Insights where the infringement occurred; (v) address, telephone number and email so that Winnin Inc can contact the complainant; (vi) declaration by the interested party that the information contained in the notification is true and that the interested party is the holder of the violated right or is authorized to act on behalf of the holder of the rights; and (vii) signature of the interested party.
The interested party in reporting the violation must verify if the content on Winnin Insights does in fact violate its rights. In case of doubt, it is recommended to consult a lawyer. The use of this notification process to make a false or bad faith claim may have legal consequences for the complainant and will be considered a violation of the conditions set out in these Terms of Service.
Upon review and confirmation of the complaint, Winnin Inc may remove or disable the infringing content.
You may stop using the Service at any time in accordance with the terms stipulated in Your Winnin Insights Subscription Agreement. In order to delete your account, please send an e-mail to cs@winnin.com. This will include the termination of your Winnin Insights account, through login and password removal, as well as Your data within a Thirty (30) days period. You also have the option to request a copy of your data. However, such copy shall not include any report or dashboard available on the Service, but only Your personal data.
You can also access Google Security Settings to request the revocation of access to your shared data in Winnin Insights during the use of the services.
Winnin Inc may suspend or terminate your access to all or part of the Service if (a) you materially or repeatedly breach this Terms; (b) we are required to do so to comply with a legal requirement or a court order; (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third-party, Winnin Inc or to our Affiliates; (d) You terminate your business activities, by the termination of Your Agreement with Winnin Inc or You become insolvent.
In that case, We will notify You with the reason for termination or suspension of your account by Winnin Inc, unless we reasonable believe that by doing so: (a) we would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Winnin Inc or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third-party, Winnin Inc or our Affiliates. If you believe your Winnin account has been terminated due to an error, you can appeal and request the activation to cs@winnin.com .
The Winnin Insights features and tools are provided in the format “as is ” and “as available”, without any type of warranty, expressly or implicitly stated or any other way. Winnin Inc will not be liable, without any limitation, for any merchantability warranties or software compliance to any particular purpose.
Therefore, You are the sole responsible for the use of the information accessible through the Winnin Insights, including violation, damage, loss or offense of any nature as a result of the Service use by an User.
To the maximum extent permitted by law, neither party shall be liable for consequential, incidental, indirect, special, punitive or other damages, or for lost profits, business interruption, loss of business or information, or costs of procuring substitute goods or services, arising out of the Winnin Insights Agreement entered into between You and Winnin Inc or the use of or inability to use the Services, even if advised of the possibility of such damages.
It is the Parties full responsibility for any damages arising out of or related to the Winnin Insights Agreement entered into between You and Winnin Inc, and these Terms of Service. Such warranty shall not exceed the total amount of the Winnin Insights Subscription Fee paid by You to Winnin Inc for the subscription to the solution, for the period of service to which such damages relate.
Winnin does not assume responsibility for any consequences arising from the use of the tool, including but not limited to the Winnin AI Reports, and recommends consulting qualified professionals when necessary.
Furthermore, the User is solely and exclusively responsible for any confidential information, trade secrets, and other sensitive information shared with the AI available in the Winnin AI Reports.
Please keep in mind that Winnin Inc is not responsible for the content made available on third-party platforms from which it collects the data displayed in Winnin Insights. In other words, Winnin Inc is not responsible for the public data provided by users of third-party platforms such as, but not limited to Facebook, Instagram, Youtube and Twitch, on their social media and exhibited on Winnin Insights.
For that, Winnin Inc does not guarantee that Winnin Insights and its Content will be available uninterruptedly, but Winnin will make its best efforts to maintain the Service and the server where Winnin solution is located free of errors and malwares.
The Service may contain links to third-party websites and online services that are not owned or controlled by Winnin Inc. Thus, Winnin Inc cannot be liable for such websites and online services. Therefore, be cautious when You leave the Service. We suggest You to read the terms and the privacy policy of each third-party website and online service that you visit.
You also acknowledge that all content published on Winnin Insights is hosted by third-parties who have no relationship with Winnin Inc, and for that, Winnin Inc has no interference with the availability of the content displayed in those platforms, and that they can be disabled or removed from the servers where they are hosted at any time.
Except as required by applicable law, Winnin Inc and its affiliates, officers, directors, employees and agents will not be responsible for any loss or profits, revenues, business opportunities, goodwill, or anticipated savings, loss or corruption of data, indirect or consequential loss, punitive damages caused by:
- Errors, mistakes, or inaccuracies on the Service;
- Material damage resulting from the use of the Service;
- Any unauthorized access to or use of the Service;
- Any interruption or cessation of the Service;
- Any virus or malicious code transmitted to or through the Service by any third-party;
- Any content on Winnin Insights from third-party platforms, including the use of the Content; and/or
- The removal or unavailability of any Content.
In any event, the total liability of Winnin Inc and its affiliates for any claims arising out of or relating to the Service is limited to the total amount of the Winnin Insights Subscription Fee of your plan.
To the extent permitted by the applicable law, You agree to defend, indemnify and hold harmless Winnin Inc and its Affiliates, officers, representatives, directors, partners, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, lawsuits, and expenses (including but not limited to attorney’s fees and court fees) arising from or in connection with: (i) Your use of and access to the Service; (ii) Your violation of any term of this Agreement; or (iii) Your violation of any third-party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Terms and Your use of the Service.
To sum up, Winnin Inc will not be responsible for any loss of User Data due to unforeseeable circumstances, cases of force majeure or due to any invasion of Winnin Insights or a security breach by unauthorized third-parties. However, Winnin Inc undertakes to adopt the best security practices and communicate to the data holders within 48 (forty-eight) hours, in case of any breach of personal data.
The User acknowledges that it is technically impossible to achieve 100% availability of the solution, and agrees that the Services may suffer temporary interruptions, especially during update periods, which may occur daily or occasionally.
Nevertheless, Winnin Inc endeavors to keep the solution up and running without any interruptions, secure and error-free and states that the defects in the Service will be corrected. However, maintenance, updates, security and capacity works, as well as events that are outside Winnin Inc. control (e.g. electricity failures, blackouts, overstressed hubs) can lead to temporary issues and the unavailability of the services. Besides that, Winnin Inc. does not warrant that the Service will meet Your needs.
Winnin Inc will perform the updates and maintenance services between 9pm and 6am, preferably. In case of updates outside this period, We will inform You with Twenty-Four (24) hours in advance about the interruption period.
In case of total unavailability without notification or express justification, Winnin Inc will make available a telephone support number during business hours, on working days.
The same applies to technical support, which will serve to resolve any doubts about the operation and/or way of using Winnin Insights. Support will be available during business hours on weekdays.
In the unforeseen cases of unavailability of the services, You shall communicate to Winnin Inc through the email cs@winnin.com, chat or other digital means made available by Winnin Inc. The technical support can also be provided through online service, through remote access, according to the availability of Winnin Inc systems.
For the purposes of this Terms, business hours are considered to be from 9am to 6pm, and business days from Monday to Friday.
Winnin Inc will make available, if necessary, to members Users (1) virtual training and additional online support, at no additional cost, in order to ensure the proper use and in its entirety of the Winnin Insights. Any training other than those provided for herein may be provided upon approval and payment of additional costs specified in your Winnin Insights package.
The Parties acknowledge that, in connection with this Winnin Insights Agreement, they may obtain Confidential Information from the other Party and agree not to use such information, except as expressly authorized under this Terms and the Agreement entered by You and Winnin Inc, and not to disclose such information to third-parties without the prior written consent of the other Party. Any materials that incorporate such Confidential Information will be returned to the Disclosure Party and/or destroyed, upon proof of such destruction, just after the termination of Your subscription to Winnin Insights, or in advance, if requested by the Disclosure Party. For the purposes of this Terms, Confidential Information shall mean any written or verbal information, information identified as confidential at the time of disclosure, as well as information that, by its nature, should reasonably be considered confidential in connection with Winnin Insights and its platforms and tools, to this Terms, to the Agreement entered into by You and Winnin Inc, to the Parties (including Authorized Users’ personal data), or disclosed by them. Confidential Information does not include any information that (a) was previously known by the other Party, and was not under any obligation of confidentiality, (b) was developed independently by the other Party, without use or access to the Confidential Information of the Disclosure Party, (c) was acquired by the other Party from a third-party without obligation of confidentiality, or (d) that was or became of public acknowledgement without any breach of the terms of the Winnin Insights Agreement entered into by You and Winnin Inc. The Parties acknowledge and agree that the violation of this Terms and of the Winnin Insights Subscription Agreement entered into by You and Winnin Inc may cause irreparable damage for which the simple indemnity may not be the appropriate or sufficient remedy to deal with the damages eventually suffered by the Aggrieved Party. Thus, the Parties may seek preliminary injunction and any other equivalent remedies to enforce the provisions of this Section, without the need to offer guarantees, to the maximum extent permitted by law.
The both Parties committed to adopt the necessary measures to guarantee the confidentiality set forth in this Terms and in the Winnin Insights Subscription Agreement entered by You and Winnin Inc, preventing the disclosure of information, data and documents, within the scope of their respective staff, except for those Users directly involved in and with access to the Services, who shall observe the duty of confidentiality established herein.
The confidentiality commitment set forth herein will be effective from the date of acceptance of these Terms until the period of Five (5) years after the end of Winnin Insights subscription.
Winnin Inc. and You are bound by a duty of confidentiality and secrecy in relation to all possible personal data to which they may have access in virtue or as a result of the professional relationships maintained through this instrument and must reciprocally ensure that their employees, collaborators, consultants and/or services providers, in the exercise of their functions and attributions, who have access to or knowledge of any personal processed data, act within the necessary accuracy, always reminding them that they are bound by professional secrecy under the law and by this Term.
The Parties are aware and agree that they will not be able to use the personal data to which they may have access, for other purposes than the ones established in this Terms and in Your Winnin Insights Subscription Agreement, and will not be able to transmit it to third-parties under any circumstances. Upon formal request, either Party will return all documents and records containing personal data to which it has had access by virtue of the contracted services.
All and any identifiable personal data treated as a result of the Winnin Insights subscription will be kept and stored to the extent strictly necessary and in compliance with the legitimate interests of the Parties and the needs of these instruments. Non-personally identifiable data may be kept permanently. In the case of an order from a legitimate authority, a regulatory body or pending judicial or administrative proceedings, personal data may be preserved provided that the physical and electronic security measures related to the storage of the competent data are observed.
The Parties agree that they will not transfer or otherwise disclose personal data resulting from the access to Winnin Insights nor allow their processing by their representatives or any third parties, except (a) if there is a need to become aware for purposes of providing the Service; (b) up to the limit necessary for the good development and provision of Service; (c) as permitted under the conditions for the acquisition of data acquired or contracted; (d) if required under applicable law or by court order. If any of the Parties are required by applicable law to transfer, disclose or permit the processing of personal data resulting from this instrument by third parties, the Party responsible for the disclosure will promptly inform the other Party of such requirement or need, and will cooperate to limit the extent and scope of such transfer, disclosure or processing.
Upon termination of the Winnin Insights subscription or upon written request from either Party, whichever comes first, the Notified Party will immediately cease, and ensure that its subcontractors cease immediately any and all use of such personal data, if applicable, within the periods stipulated in these Terms, returning them to the Party that owns the information, following its instructions, discarding, destroying or permanently anonymizing them, using, in each case, the necessary security measures agreed between the Parties. If the applicable law does not allow said data to be discarded, the Party that holds them undertakes not to use them for any purpose other than which is strictly necessary as a result of this Term, and such data shall be permanently bound to this instrument.
If either Party is contacted to any request, query or complaint regarding their personal data in relation to Winnin Insights, the Parties (a) will measure a solution to such a request, inquiry or complaint (b) will provide reciprocal cooperation, assistance, information and access to the personal data in their possession, custody or control, to the extent necessary for the request to be complied with as required by the privacy law applicable to it.
Either Party will inform the other Party within a maximum of Forty-Eight (48) hours after becoming aware of an actual or reasonably presumed data breach. Likewise, Winnin undertakes to inform the competent authority within Seventy-Two (72) hours in the applicable cases. Such notification will be sent, at least by email with reading confirmation. The Parties shall jointly cooperate to facilitate the investigation and remediation of a data breach. The details of any complaints received regarding the processing of personal data will be promptly shared between the Parties. The Parties will jointly take all necessary and appropriate corrective measures to remediate or mitigate any data violations.
In case of any question or doubts related to the personal data treated by Winnin Inc, we invite You to get in touch with us through the email <dpo@winnin.com >.
One of our main points of attention is to comply with legislation, and this is also required from our customers and suppliers. Therefore, by accepting these Terms, You undertake, together with Winnin Inc, not to practice harmful acts to the National or Foreign Public Administration, which may harm national or foreign public property, the principles of public administration or international commitments accepted by the Brazil, and undertake to act in accordance with applicable laws, in particular Federal Law 12,846/2013 and its regulations (“Anti-Corruption Legislation”).
Disrespect by either Party of any Anti-Corruption Legislation will be considered a violation of these Terms and such fact may cause the immediate termination of Winnin Insights subscription, by means of a simple notification to the Infringing Party. In this case, the Innocent Party will not be subject to any fine, burden or penalty. On the other hand, the Infringing Party shall indemnify the Innocent Party under the terms stipulated in the Winnin Insights Subscription Agreement, in addition to the duty to pay compensation for possible damages caused due to the violation of the Anti-Corruption Legislation, which may be attributable to the legal representatives of the Innocent part.
The Anti-Corruption Legislation is something that we treat very rigorously and the Party that violates it will be directly responsible for any infraction committed by its legal representatives and employees, in the administrative, civil and criminal fields, and will exempt the Innocent Party from any penalty imposed as a result of the act of corruption practiced during the course of this Terms and the Winnin Insights Agreement entered into by You and Winnin Inc.
The Parties declare that they do not employ and/or use, and undertake not to employ and/or use, slave labor and/or child labor in their activities, as well as declare that they also do not hire and/or maintain relations with any other companies that provide services, partners, suppliers and/or subcontractors, that use, exploit and/or by any means or form employ slave labor and/or child labor, under the terms set forth in the rules of the International Labor Organization – ILO and in the Child and Adolescent Statute – ECA, object of Law no. 8.069/1990, and other legislation in force.
Even if Your use of the Service terminates, the following terms of this instrument will still survive: “Warranty and “Confidentiality and Personal Data Protection” and “Liability Limitations” and “General Provisions”, besides other provisions defined in this Terms.
Winnin Inc may modify, suspend or discontinue the Service (or any part of it) at any time for any reason, at its sole discretion. In the event of discontinuation of Winnin Insights, Your information will be discarded by Winnin Inc, in accordance with applicable law.
These Terms of Service constitute the entire understanding between Winnin Inc and You with respect to its object, and corroborates any and all instruments, agreements or contracts, verbal or written, entered into and between the parties in relation to the object herein before the date that these Terms of Service are effective. In case of a conflict between the provisions of these Terms and those defined in Your Winnin Insights Subscription Agreement, the information agreed in the latter will prevail.
If You fail to comply with these Terms and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
You agree that the invalidity or unenforceability for any reason of any provision contained in this document will not affect the validity and enforceability of any other provision therein and, if any provision is deemed in any way invalid or unenforceable, the other provisions will remain in effect and this document will be interpreted as if the invalidated or unenforceable provisions did not exist.
In these Terms, “include” or “including” means “including but not limited to”, and any examples we give are for illustrative purposes.
These Terms of Service will be governed by and construed in accordance with Brazilian law and it is agreed and accepted by the parties that any disputes arising from this Term of Service, that can not be friendly solved by them, shall be settled in the Central Court of Judicial District of the city of Rio de Janeiro.
These Terms of Service can be modified at any time by Winnin Inc, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. In this case, Winnin Inc will provide reasonable advance notice of any material modifications to these Terms, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately, without notice. In order to continue to access the Service after the changes come to effect, you must agree with and accept the new Terms of Service.
If you have any questions about these Terms of Service, please contact us by the following cs@winnin.com.