Vingar Interaktiva AB d.b.a. WINGS Interactive, a Swedish corporation, with registered and business offices at Åkerhielmsgatan 36, 167 33 Bromma, Sweden (hereinafter “WINGS” or “we”) respects your privacy and provides you with this Privacy Policy (“Privacy Policy”) so that you may understand the ways in which we do and do not use the information you transmit when accessing and using WINGS’ websites, platforms, software services and related services (hereinafter the “Website”). Please note that your accessing and/or use of the Website constitutes your acceptance of this Privacy Policy as well as our Terms of Use.
IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE.
“Applicable Data Protection Legislation” means any legislation in force from time to time which implements the European Union Directive 95/46/EC and Directive 2002/58/EC and the General Data Protection Regulation (“GDPR”) 2016/679 of April 27th, 2016 and is applicable to this Agreement and all other applicable laws and regulations that may apply to the transfer of Personal Data.
“Personal Data” shall mean any information relating to aData subject; an identifiable person is one who can be defined, directly or indirectly, notably by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Contact data and Service Data are Personal Data.
“Contact Data” means any names, phone numbers, e-mail addresses and certain financial details held within commercial systems to conduct the Parties’ relationship management and billing transactions between the Parties;
“Controller”, “Data Subject”, “Personal Data”, “Process/Processing” and “Processor”, shall have the same meaning as in the European Union Directive 95/46/EC or the General Data Protection Regulation 2016/679 of April 27th, 2016.
“Service Data” means any Party’s Personal Data (that is not Contact Data) held within the Parties’ systems, applications or databases and that may be accessed, processed, used or stored as a consequence of performing the services under the Agreement.
“Third Country” means a country that is: (i) outside of the European Economic Area; and (ii) not the subject of a formal decision by the European Commission, made pursuant to Section 25(6) of the European Union Directive 95/46/EC or under Article 45 (1) of the General Data Protection Regulation 2016/679, stating that that country ensures an adequate level of protection for personal Data.
Information collected through the Website
Where applicable, access and use of certain Website versions, experience of certain basic content and Websites features may require registering an account on the Website and/or applicable platform/service providers that are providing the Website etc. to you. To create an account you may be required to provide certain mandatory information such as your name, your email address, account login etc. which is mandatory in order to be able to establish an account. Further you may, but may not be required to, provide certain voluntary information such as date of birth, screen name, your personal profile in the Website, interests in and use of various Websites, products and services, and any other personal or preference information.
WINGS may also collect and process other information when you interact with the Website online, such as the type of browser you are using, your browser settings, the type of operating system you are using; the IP address or other unique identifier such as a device identifier of any of your computer(s) or device(s) that are used to access the Website. WINGS may also collect and process certain information when you as a user with a user account interact with the Website such as the information in your personal profile, the relationships you form in the Website, the applications you use and the information you transmit information through various channels.
Information collected through the Game Pitch form
At your sole discretion, you may share your name, phone number, email address, company name, colleagues’ personal information through the Game Pitch form on the Website.
Information collected through other sources
WINGS may invite you share your email address with us for sales and marketing purposes. You may be invited to do this on the Website as well as third party ad networks. By opting in to receive these emails on our website or from our ad partners, you are giving your consent to receive these types of sales and marketing emails, as well as us storing Personal Data related to such emails and related material in accordance with the terms and conditions of this agreement.
WINGS may also collect information about you from other sources, such as third party sites or platforms, newspapers, blogs, instant messaging services, and through the operation of the Website in order to provide you with more useful information and a more personalized experience.
(a) Cookies. A cookie is information a website, app or platforms places on your computer’s hard drive or devices etc. so that the website, app or platform is able to remember your preferences and/or which pages you visited on the website/app/platform and make your visit more efficient and enjoyable. WINGS may use cookies to determine the number of unique users of the Website over a given period, or to remember user account details, etc. so that the need for multiple log-ins is eliminated, or to otherwise personalize and optimize your visit to our Website. It may combine information collected through cookies to any Personal Data submitted online when using the Website to help personalize a user’s access to and use of the Website. Cookies may be disabled on your computer by indicating this in the preferences or options menus in your browser.
(b) Logfiles. Log files are files that log actions that have occurred on a website, app or platform. WINGS may collect data in the form of log files and may use such log files to gather statistics about Users’ user habits and to assess overall Website activity, including how many “hits” a particular web page etc. is getting and other navigational data. These entries are generated anonymously, and enable WINGS and/or platforms to track interest in specific promotions, features, troubleshoot technical concerns, and provide Users with content that may be of interest to them. Log files are used internally only, and are not associated with any particular user, computer, or browser.
(c) Web beacons. The Website may use a variety of technical methods for tracking purposes, including “Web beacons” etc. Web beacons are small pieces of data that are embedded in images on the pages of the Website. We may also use these technical methods to analyze the traffic patterns in the Website such as the frequency with which Users accesses various parts of the Website etc. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. The information from use of these technical methods may be collected in a form that is personally identifiable.
WINGS will use information about you for the following purposes in accordance with applicable laws:
Age identification
To identify your age for data protection purposes, for example to determine the legal requirements for processing of Personal Data. We request that anyone under the age of 18 not send any Personal Data about themselves over the Internet unless sent under the supervision of their parent or guardian. We do not knowingly collect Personal Data from children under 13 years old in the Website. We believe it is important to safeguard the privacy of children and encourage parents to regularly monitor their children’s use of online activities. If you are a parent and believe that your child under the age of 13 has accessed and/or used the Website and provided personally identifiable information to us, please contact us at contact@WINGSfund.me or the mailing address at the end of this Privacy Policy and we will work to delete that account and any such personally identifiable information. This in compliance with Article 6(1)(c) of the GDPR.
Information you provide or is collected from you in or in relation to the Website and information from other sources
Information is provided by you or collected in or in relation to the Website and/or collected from other sources in order to:
Processing of this information is necessary for the purpose of performance of a contract to which you are a party, in order to support the operation of the Website, facilitate the delivery of requested products and services, enable maintenance and update of the Website under Article 6(1)(b) of the GDPR, and purposes justified by our legitimate interests in providing advertisements and content of interest to you and improving our services in accordance with Article 6(1)(f) of the GDPR (“the balancing-of-interest rule”). Disclosure of your advertising ID to third parties for the purposes of behavioral advertising is based on your consent in accordance with Article 6(1)(a) of the GDPR. We only process your information to the extent that is necessary to achieve the purposes for which the information has been collected.
With respect to processing of Personal Data WINGS is Data Controller. WINGS shall (i) Not keep the Personal Data for longer than is necessary for the purposes of performing the Agreement unless further storage is required in order to establish, exercise or defend a legal claim or to comply with applicable law, including accounting rules; (ii) Store, process and use the Personal Data for the sole purpose of performing the Agreement; and (iii) Ensure that their employees and employees of their affiliates and subcontractors involved in the performance of the Agreement comply with the provisions of this agreement (iv) Implement all reasonable technical and organizational measures to protect your Personal Data against any accidental or unlawful destruction, accidental loss, unauthorized alteration, communication or access, (v) Where applicable report to you, upon its occurrence, any unauthorized access, disclosure, use, modification or destruction of your Personal Data, (vi) Refrain from exporting or transferring your Personal Data to any Third Country, and from collecting, using or Processing Personal Data within any Third Country, unless prior to the transfer we have ensured that an adequate level of protection of the Personal Data has been implemented in accordance with the terms and conditions stated in section 8 of this Agreement (International Data Transfers). Personal Data are deleted or anonymized as soon as it no longer serves one of the above-mentioned purposes and in any event no later than three (3) years after your interaction with us has ended.
As a general rule we will not share Personal Data that directly identifies you (such as your name, e-mail or postal address etc.) with independent third parties without your consent, unless it is either required by law or we determine that disclosure is reasonably necessary to enforce our rights, property or operations or to protect our users or third parties. We may share anonymous or aggregated information, or other data that does not directly identify you, with third parties, for instance your persona on leaderboards or to show trends about use of our products.
Notwithstanding the forgoing, we may share information about you with certain third parties based on the legal basis in Articles 6(1)(b), 6(1)(c) and 6(1)(f) of the GDPR as follows:
Where applicable certain third parties’ use of Personal Data will not be covered by this Privacy Policy. In such instances you must review such third parties’ privacy policies.
WINGS has taken reasonable steps to ensure that the personally identifiable information it collects is secure and we have taken reasonable measures to protect the confidentiality, security, and integrity of the Personal Data collected from our Website’s Users. Personal Data is stored in secure operating environments that are not available to the public and that are only accessible to authorized employees and contractors. We also have security measures in place to protect the loss, misuse, and alteration of the information under our control. However, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted to us through or in connection with the Website, that we store on our systems or that is stored on our service providers’ systems.
Please note that WINGS may provide links to other websites and services that are operated and hosted by third parties who may have their own information collection practices. Those other websites and services are governed by their own privacy policies, which may be substantially different from WINGS’ policies. Visitors to other websites and services are encouraged to review the privacy policies and information collection practices of those websites.
Any improper collection or misuse of information provided on the Website is a violation of the Terms of Use and should be reported to WINGS at contact@WINGSfund.me.
We may transfer and share your information to third parties (including service providers operating on our behalf) which may be located in countries outside the European Union (“EU”) and/or the European Economic Area (“EEA”) which may not have the same level of data protection laws as those in the country where you are located. Where your data is sent to a country outside the EU/EEA that is not subject to an adequacy decision by the EU Commission, the transfers will only occur based on the following safeguards: i) If the entity is certified to comply with the principles for data protection under the US-EU Privacy Shield Framework (“Privacy Shield”) (see Privacy Shield at www.privacyshield.gov), ii) If we have entered into EU Commission approved standard contractual clauses with the entity, which is deemed to offer sufficient safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals, or iii) if the European Commission otherwise has determined that the country at hand offers adequate levels of Data Protection on basis of the European Commission’s powers according to article 45 of the GDPR.
You have the following rights regarding your Personal Data:
The right to request access – In accordance to Chapter III, Article 15 of the GDPR a Data Subject may request access to processed Personal Data. This includes confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
Where Personal Data are transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
You shall be provided a copy of the Personal Data undergoing processing. For any further copies requested, we may charge a reasonable fee based on administrative costs. Where you make the request by electronic means, and unless otherwise requested by you, the information shall be provided in a commonly used electronic form. The right to obtain a copy shall not adversely affect the rights and freedoms of others. Please note that the access may be restricted due to intellectual property rights or trade secrets.
The right to object – You have the right to object to the Personal Data processing on grounds relating to your particular situation when the data are processed based on the balancing-of-interest rule in Article 6(1)(f) of the GDPR, see Article 21 of the GDPR. In this case, we will cease the processing unless there are compelling legitimate grounds for the processing which override your interests, rights and freedoms or if the processing is necessary for the establishment, exercise or defense of legal claims. You have the right to object to our processing of your Personal Data for direct marketing purposes at any time. We will cease the processing of your Personal Data for this purpose after the objection.
Right of correction and erasure – You have the right to have inaccurate Personal Data rectified, in accordance with Article 16 of the GDPR.
You have the right to have your Personal Data erased where one of the following grounds applies, see Article 17 of the GDPR:
Please note that your right to erasure may be limited if the data are necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims.
The right to restriction – You have the right to obtain restriction of processing in certain circumstances, in accordance with Article 18 of the GDPR. If you have the right to restriction, we will only process your Personal Data with your consent or for the establishment, exercise or defense of a legal claim or to protect a person or important grounds of public interest.
The right to withdraw consent – If we have asked for your consent to our processing of your Personal Data, you have the right to withdraw your consent at any time, in accordance with Article 7 of the GDPR. You may at any time opt out of and/or unsubscribe from emails from WINGS and our service providers, or withdraw consent to Personal Data storage, either via the unsubscribe link included in the emails, or by emailing contact@WINGSfund.me. If you withdraw your consent, we will cease processing of the Personal Data for which you have withdrawn consent, unless we have a legal obligation to keep some or parts of your data. The withdrawal of your consent does not affect the lawfulness of processing based on your consent before its withdrawal.
The right to data portability – You have the right to receive your Personal Data that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hinderance if the processing is based on consent or contract performance, sin accordance with Article 20 of the GDPR.
Contact Information – If you wish to invoke any of the rights described above, you may contact us at any time by emailing us at contact@WINGSfund.me. We will process and answer your requests without undue delay and in any event within one month of our receipt of the request unless a longer period is required due to the complexity of the request. In this case, our response time can be up to three months in total as permitted by Article 12 of the GDPR.
OUR GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES AGAINST WINGS, YOU AGREE TO FIRST CONTACT WINGS AND TRY TO RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM (“NOTICE”) TO WINGS. THE NOTICE TO WINGS MUST BE SENT VIA REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 16 BELOW OR BY EMAIL WITH CONFIRMATION OF RECEIPT. THE NOTICE MUST (A) INCLUDE YOUR NAME, YOUR RESIDENTIAL ADDRESS AND E-MAIL ADDRESS AND / OR MOBILE PHONE NUMBER; (B) DESCRIBE THE TYPE AND REASON FOR THE CLAIM; AND (C) SPECIFY THE SPECIFIC COMPENSATION SOUGHT, IF ANY. IF YOU AND WINGS CANNOT AGREE ON A SOLUTION TO THE DISPUTE WITHIN 60 DAYS OF RECEIVING SUCH A NOTICE, EITHER PARTY MAY INITIATE LEGAL PROCEEDINGS IN ACCORDANCE WITH SECTIONS 11-14 BELOW.
If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
The right to refrain from arbitration. You may choose to waive this arbitration term. Then neither you nor WINGS can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform WINGS in writing about this within 30 days of learning of or obtaining notice of this Arbitration section. You must provide your name, address, e-mail address and phone number and a clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to: Vingar Interaktiva AB, Åkerhielmsgatan 36, 167 33 Bromma, Sweden and marked “Waiver of Arbitration”. If you do not waive this arbitration section it will continue to apply to you.
YOU AGREE THAT ANY AND ALL CLAIMS MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU AND WINGS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OF USE OR THIS PRIVACY POLICY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Stockholm (Stockholms Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement unless otherwise required by mandatory applicable laws.
(b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to this Privacy Policy that is not subject to mandatory arbitration as set forth above in section 11 shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
(c) Notwithstanding anything to the contrary, WINGS may apply to any court of competent jurisdiction for injunctive or other equitable relief or payment claims.
This Privacy Policy applies to all information collected by us or provided to us on and after the Effective Date. This Privacy Policy is subject to change and we may make any changes to this Privacy Policy as we see fit. WINGS will notify you of material changes by posting them on the Website, in this Privacy Policy, or any other relevant medium. You are encouraged to check back and review this Privacy Policy from time to time so that you will always know what information is collected how it is used and to whom it is disclosed. Your continued access to and use of our Website and services subject to this Privacy Policy will signify your acceptance of Privacy Policy changes.
If you have any questions, complaints or comments regarding our Privacy Policy, please contact WINGS at:
Vingar Interaktiva AB
Åkerhielmsgatan 36
167 33 Bromma, Sweden
Email: contact@WINGSfund.me
You may also contact the Swedish Data Protection Authority if you have any complaint regarding WINGS’ processing of your Personal Data.
Phone: 08-657 61 00
Mail: Datainspektionen
Box 8114
SE-104 20 Stockholm, Sweden
Email: datainspektionen@datainspektionen.se
Last Updated: June 5, 2020