This WIWINK Proper Use Policy (“PUP”) applies to the use of any product, service or website connected to or offered by WIWINK, either directly or through a third party (both are considered a “WIWINK Service”). This PUP is designed to ensure compliance with laws and regulations binding on the WIWINK Service. This PUP also protects WIWINK customers and their respective customers, as well as the goodwill and reputation of the platform, and make the acceptance of the same essential for the provision of the service,which will be accepted when using the WIWINK services.
a. Acceptable use. It is mandatory to comply with the WIWINK Proper Use Policy (hereinafter “PUP”) described at https://wiwink.com/es/condiciones legales
b. Prohibited and unauthorized use. Through the WIWINK platform, it is forbidden to: (i) use or launch any automated system (including “robots”, “trackers”, or “offline readers”) that sends more requests to WIWINK servers in a given period than can be sent by a human in the same period using a conventional browser; (ii) use the WIWINK Subscription Service in such a way that the platform or any of the websites are damaged, rendered unusable, overloaded or affected by any of our websites or interfere with the use of any other user of the Subscription Service; (iii) attempted unauthorized access to the Subscription Service; (iv) access the Subscription Service in any way other than through the intended interface; or (v) use the Subscription Service for a purpose or in any manner that is deemed unlawful or prohibited by this Agreement.
Use of the Subscription Service is prohibited if the laws of the country in which you reside, access or use the Subscription Service prevent or prohibit you from doing so.
It is mandatory to report unauthorized use of User IDs, Passwords and Accounts by following the instructions inhttps://wiwink.com/es/contacto or email@example.com forms enabled for this purpose.
c. Ban on the use of confidential information. YOU AGREE NOT TO USE THE SUBSCRIPTION SERVICE TO COLLECT, MANAGE OR PROCESS CONFIDENTIAL INFORMATION. WIWINK IS NOT RESPONSIBLE FOR THE USE OF THE SUBSCRIPTION SERVICE TO COLLECT OR MANAGE CONFIDENTIAL INFORMATION.
d. Use of Communications Services. You agree to only use the Communications Services in accordance with all Terms of Service specified by each Communications Service included within Marketing Control. WIWINK will not control the content, messages or information found on the Communications Services. We shall have no liability with respect to the Communications Services or any action arising from the use of such Services by WIWINK Users.
e. Third-Party Sites and Products. Third-Party Sites and Products are outside the control of WIWINK. Third-Party Sites and Products are provided for your convenience, and the availability of such sites and products does not imply endorsement, underwriting or warranty by WIWINK.
If you use any WIWINK service, you must comply with this PUP. All of our customers agree to accept this PUP and are responsible for any failure to comply with this PUP. It is prohibited to assist or bind third parties resulting in failure to comply with this PUP. WIWINK may use whatever means we deem appropriate to implement and ensure compliance with this PUP. We may also suspend or terminate your use of the WIWINK Services in accordance with our Customer Terms of Service in the event of a breach of this PUP without the right to refund fees paid.
We will update these conditions periodically and notify you of changes through the WIWINK website. And therefore users using the WIWINK platform agree to comply with the PUP at all times.
1. Notification of possible violations
We encourage our email recipients to use the WIWINK Service to report possible breaches of this PUP by sending a copy of the email received with FULL headers to firstname.lastname@example.org.
It is our policy to investigate all of these reports and respond in a manner that we deem appropriate.
If you know or suspect a breach of this Acceptable Use Policy, you must notify us in writing as soon as possible.
2. Prohibited actions related to sending emails
a. The use of the WIWINK service to send spam, either in the form of mass mailing or individual commercial emails, is prohibited.
The mass sending of emails is considered spam when such emails are not requested. "Unsolicited" means that the recipient did not grant verifiable permission for the message to be sent. "Bulk" means that the message was sent as part of a larger group of messages with substantially similar content. Individual business emails are spam when they violate the GDPR and CAN-SPAM regulations. Individual commercial emails are also considered spam if the data processed for the purpose of sending such emails is within the scope of the General Data Protection Regulations (GDPR) and you do not provide notice to persons or establish a legal basis for processing.
You may not use the WIWINK Service (either directly or indirectly) to send, transmit, manipulate, distribute or deliver: (A) Unwanted e-mails in violation of the General Data Protection Regulations (GDPR) and the CAN-SPAM law (mentioned below) or any other law; (b) Emails to an address obtained through the methods of collection on the Internet or any clandestine method (e.g., extracting or collecting information through software programs); (c) emails to an incomplete, inaccurate or out-of-date address for all applicable unsubscribe requests, using reasonable efforts and industry best practices; or (d) business emails under Canadian anti-spam legislation (mentioned below), or (e) send emails violating the EU's General Data Protection Regulation (GDPR).
b. It is prohibited to use false or misleading names, physical addresses, email addresses or subject lines.
Emails sent or intended to be sent through or to the WIWINK service must not: (a) use or contain false or invalid headers; (b) use or contain invalid or non-existent domain names; (c) use any other technique to distort, hide or conceal any information used to identify the point of origin or transmission path; (d) use other misleading means of addressing; (e) use the Internet domain name of third parties without their consent, or be transmitted to or through third-party equipment without their authorization; (f) contain false or misleading information in the subject line, or false or misleading content; or (g) use any of our trademarks, tagline or logo without our prior written consent, and in such case will be done in compliance with our trademark usage guidelines.
If you use email, we recommend that you adopt good sender communication practices included in our website https://wiwink.com/es/fidelizacion good practices. You must use commercially reasonable efforts to follow these practices.
c. Sending to purchased lists is prohibited.
It is prohibited to use the WIWINK Service to send emails to: (a) lists purchased, leased, or loaned, and (b) lists likely to result in an excessive number of unsubscribe requests or spam reports or notices, as determined by acceptable industry practices.
3. Requirements to unsubscribe from emails
You must ensure that every email sent, by yourself or through the WIWINK Service will contain: (a) authentic and non-misleading information in the header; and (b) a notice that the recipient may unsubscribe or otherwise request to cease receiving unsolicited, unacceptable and/or inappropriate communications as described in this PUP (and how the recipient can inform you that they want to unsubscribe or want you to stop using their information). These requirements do not apply if the email sent is a transactional email and these requirements are not required by law. You must ensure timely compliance with all unsubscribe requests, as well as "Do Not Call" and "Do Not Send" requests.
4. Telephone marketing
You must comply with all laws relating to telephone marketing, including, but not limited to, laws specifically included in the section "Proper Use of the WIWINK Service". You must comply with all laws relating to recording telephone calls and ensure that you obtain consent before making a recording. If you use the WIWINK Service to make phone calls, you must also comply with industry standards, including guidelines published by the Cellular Telecommunications and Internet Association (CTIA) and the Mobile Marketing Association (MMA). You are prohibited from using or allowing access to use the WIWINK Service to make emergency calls or to provide or request emergency services.
5. No interruptions
You agree not to use the WIWINK Service in a manner that would impair the normal operation, privacy, integrity or security of property of others. Ownership of others includes accounts, domain names, URLs, websites, networks, systems, the equipment, data, other information, or business operations of another party. You agree not to use the WIWINK Service to gain unauthorized access and to use, monitor, make unauthorized reference, use the property of others unless you have the appropriate express consent to do so in advance. Examples of actions included in this prohibition include, but are not limited to, piracy, phishing, denial of service, email bombing, and/or sending any email containing or transmitting a virus or worm, or any type of malware, whether spyware, adware, or another file or program. In addition, you agree not to use the WIWINK Service in a manner that causes or may cause any WIWINK IP address, any WIWINK domain, or WIWINK client domains to be blacklisted. These restrictions apply regardless of your intent or whether you act intentionally or not.
6. Proper use of the WIWINK Service
You must respect the limits you apply to your use of the WIWINK Service as specified in the available product and service catalog https://wiwink.com/es/precios. We may update or change these service limits by updating the page https://wiwink.com/es/precios so we invite you to review it periodically.
In addition, and without limiting the other requirements in this PUP, it is prohibited to use the WIWINK Service (directly or indirectly) with content that in any way that:
- Is threatening, abusive, harassing, stalking, or defamatory.
- Is misleading, false, erroneous or fraudulent.
- Invades privacy or violates legal rights of others (such as privacy rights and advertising).
- Contains vulgar, obscene, indecent, or illegal material.
- Infringes the intellectual property rights of third parties.
- Post, upload, or otherwise distribute any software, music, videos, or other material protected by intellectual property laws (or rights of privacy or publicity), unless you have all rights and authorizations to do so.
- Upload files that contain viruses, corrupted files, or any other software or similar program that may harm someone else's system.
- Download a file that you know, or should know, that cannot be legally distributed that way.
- Falsify or remove any attribution of authorship, legal or proprietary designations, source tags of the software or other material contained in a file that can be uploaded.
- Restrict or inhibit another user of the WIWINK Service from using and enjoying our website and/or the WIWINK Service.
- Collect or otherwise gather information about others, including email addresses, without your consent.
- Failure to comply with the rules or regulations of an entity affected by its use, including, but not limited to, any ISP (Internet service provider), ESP (expert solutions provider), news or user group (including, as an example, evasion or avoidance of equipment use rights and restrictions and/or location and route identification data).
- Is legally actionable between private entities.
- Is not a good faith use of the service, such as loading excess contacts into your Contact Category, sending emails to those contacts, and then deleting them shortly afterwards.
- Violates any local, state, national, or international law or regulation, including export laws and regulations, and, but not limited to the Pornography and Unsolicited Marketing Attack Control Law, the Telephone Consumer Protection Law of 1991 (47 U.S.C. section 227), the Do-Not-Call Implementation Law of 2003 (15 U.S.C. section 6152 and et seq.; originally codified in the footnote to section 6101), the General Data Protection Regulation (2016/679), Directive 2000/31/EC of the European Parliament and of the Council of June 8, 2000 on certain legal aspects of information society services, in particular electronic commerce in the internal market ('Electronic Commerce Directive'), Together with Directive 2002/58/EC of the European Parliament and of the Council of July 12, 2002 on the processing of personal data and the protection of privacy in the electronic communications sector ('Electronic Privacy and Communications Directive'), Regulations promulgated by the U.S. National Securities and Exchange Commission. Rules of national or other securities exchange, including, but not limited to, the New York Stock Exchange, the U.S. Stock Exchange or the NASDAQ, the Personal Information and Electronic Documents Protection Law (PIPEDA) (S.C. 2000, c. 5), the Canadian Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), the Japan Law on the Regulation of Transmission of Specific Email (Law No. 26 of April 17, 2002), and any regulations with the status of law or the laws in force in the country of your residence or that of your e-mail recipient.
- Encourage, promote, facilitate, or order others to engage in illegal activities.
- Promote, encourage or facilitate the following: Hate speech, violence, discrimination based on race, skin color, religion, sexual orientation, marital status, gender or expression of identity, parental status, religion or belief, national origin or lineage, sex, age, physical or mental disability, veteran status, genetic information, citizenship.
- You must use the WIWINK Service for internal business purposes, and not for: (i) intentionally altering the security of the WIWINK Service or manipulating customer accounts; (ii) accessing data from the WIWINK Service that has not been assigned to you; (iii) logging into a WIWINK Service server or account that you are not authorized to access; (iv) attempting to probe, scan or test the vulnerability of any WIWINK Service or failing to comply with security or authentication measures without proper authorization; (v) deliberately disabling any part of the WIWINK Service; (vi) leasing, distributing, authorizing, selling or otherwise commercially exploiting the WIWINK Service, or providing the WIWINK Service to a third party other than that covered by your subscription to the WIWINK Service; (vii) using the WIWINK Service for sharing or servicing purposes or otherwise benefiting a third party; or (viii) providing any evaluation version of the WIWINK Service to third parties without our prior written consent.
7. Restricted industries
Some industries have a higher level of abuse complaints than average, which may directly affect our ability to provide WIWINK Services to other customers. To protect them, we reserve the right to discontinue your use of WIWINK Services if you belong to one of these industries. Common examples include:
- Multi-level or affiliate marketing.
- Gambling and Betting.
- Accompanying services and appointments.
- Pharmaceutical products.
- Services to work from home, earn money online or generate sales opportunities.
- Marketing for the sale of "likes" or followers on social media.
8. Use of the WIWINK trademark
Unless you have our prior written permission, you may not use any name, logo, slogan or other trademark of our or the WIWINK Service, or any identifier or label generated by the WIWINK Service including, but not limited to: (a) as a hypertext link to any website or other location (except as expressly provided or enabled by us); or (b) suggest your identification to us as an employee, contractor, agent or other representative of a similar capacity. You also agree not to remove or alter any of these items as we provide or facilitate it to you.
9. Suspension of Services
We may immediately suspend your access to the WIWINK Service if you fail to comply with this Acceptable Use Policy or fail to respond to us within a reasonable period of time after contacting you about a possible violation of this PUP. You agree that we may disclose information regarding your use of the WIWINK Service to comply with any law, regulation, governmental request, court order, subpoena or other legal process. If we make this type of disclosure mandatory, we will notify you unless we are required to maintain the confidentiality of the disclosure.
We may update and change this PUP in whole or in part. If we update or change this PUP, the updated PUP will be posted at https://wiwink.com/es/condiciones legales. If you are subscribed to WIWINK, we will let you know through the notification application on the WIWINK portal used to access your WIWINK subscription. If you do not have a WIWINK subscription, we will let you know by posting the revised copy on our website. When we change this PUP, the "Last Update Date" above will be updated to reflect the latest version date. We recommend that you review this PUP periodically.