Privacy Policy

PRIVACY POLICY
v.1.0
updated: July 31th, 2021
1. GENERAL PROVISIONS
1.1. This Privacy Policy is drafted in accordance with provisions set out in the applicable privacy laws
(including the General Data Protection Regulation) and applies to a Website https://winpeak.com/
and to all Services We provide on the Website. If You do not agree with provisions of this Privacy
Policy, You have to restrain from using of the Website or any of other Services offered on the Website.
By visiting of the Website and by registering of the User Account and checking the box “I agree with
provisions of Terms and Privacy Policy” (or similar) You provide Us a with an informed consent to
process and use Your Personal Data as specified in this Privacy Policy.
1.2. We take great care to limit the Personal Data We collect and use only for the purposes, which are
necessary for providing our Services.
1.3. You are not obliged to provide us any Personal Data that we might need, but Your refusal to provide
Personal Data necessary, which is for us, might be the reason why we will not be able to provide you
all Services entirely, such as opening of User Account, funds deposits or withdrawals and etc.
1.4. Company shall not collect any Sensitive Information unless required to do so by law.
1.5. Legal grounds for processing.
1.5.1. Existence of a contract between the User and Winpeak: By creating a User Account and using
Services, You and Company enter into a contract for the provision of Services, as is stipulated
in the Terms. In order to provide You with Services as a whole, as well as with a separate
component, We have to collect and process certain Personal Data about You;
1.5.2. Legitimate interest: Company uses a legitimate interest in processing of Your Personal Data,
for example, when Company processes Your data to fix bugs in the Services and to ensure its
smooth operation, to improve the work of the our Services, to develop and to introduce new
functions and services, to ensure security of User when using Services, etc. We will not use
legitimate interest as a basis for processing of the User data if the rights, freedoms and
interests of the User override the interest of Company or third party;
1.5.3. Legislative requirements: Company may process User’s Personal Data, if it is required by the
law that applies to Company.
1.5.4. Consent: Company relies solely on Your consent when uses Personal Data for the purpose of
opening and activation of User Account, usage of Services offered, and etc.
1.6. Company will not collect sensitive Personal Data except when permitted or required to do so by law,
and will do so only for legitimate business purposes.
1.7. We do not transfer Your Personal Data to third parties, except circumstances mentioned in this
Privacy Policy or Terms and do not sell Your Personal Data.
1.8. This Privacy Policy is subject to the Winpeak Terms of Use (which may be found on the Website).
Your use of the Services and any Personal Data You provide on our Services remains subject to the
terms of this Privacy Policy and our Terms of Use.
1.9. Updates. We reserve the right to update this Privacy Policy from time to time. If changes are
significant, We may inform You about such changes by posting a notice on our Website or by sending
an email to Your registered email address. You can find the latest version of Privacy Policy on our
Website at any time.
1.10.Terms. The definitions set forth herein and mentioned with capital letter, unless specifically
introduced in this Privacy Policy, shall have the meaning as described in Terms of Use, which can be
founded on the Website or, if the definition cannot be found in Terms of Use, shall have the meaning
as is specified in the General Data Protection Regulation.
2. ABOUT US
2.1. The legal entity, which acts as a Personal Data Processing Company is WGAMEFORCE LTD,
registered address: Unit 91008, Second Floor, 6 Market Place, London, Fitzrovia, United Kingdom,
W1W 8AF registration number 13701607.
3. WHAT DATA WE COLLECT ABOUT YOU
3.1. «Personal Data» (also refereed as to the «PD», «Personal Information») shall mean any information,
that identifies You, i.e. Your email, login (User name) requests to our support team, and etc. If You
cannot be identified (for example, when Personal Data has been anonymized or this information
solely bears statistical information), this Policy shall not apply.
3.2. Whenever You visit our Website or use our Services, We collect and process Your Personal Data.
3.3. We divide the information we collect about You as follows:
3.3.1. Information You provide us with by Yourself:
a) When You use our Services, You provide Us with Your Personal Data which includes
following info:
i Username (in case if system-generated username is later changed);
ii Email address;
iii Password;
iv Telephone number.
b) If the KYC is conducted (the cases when the KYC may be conducted are described in the
Terms of Use), You may be required to send the following information and documents
proven it:
i Real Name and Surname with respective ID proof (passport, ID-card, other
information);
ii Residential country and residing address;
iii Proof of address (utility bill or bank reference letter etc);
iv Date of Birth (when KYC is conducted);
v Numbers, that You may use or have registered with Your local tax authority;
vi Additional photographs of You;
vii Bank details and other information.
Payment information (such as credit card number) is processed by the integrated payment provider
directly).
Be aware, that due to the Applicable Law, We are obliged to conduct KYC procedures (which
are described in the Section 3 of the Terms). We preserve the right to conduct KYC at any time.
The abovementioned information and details shall be provided only upon special personal
request to the User and specified in respective email or message on the Website.
3.3.2. Information We collect automatically (may apply even if You do not register User
Account or use offered Services):
a) IP address;
b) Cookies.
c) (Optionally) Information, that is being collected by the Google Analytics (operating system,
browser and its settings, crash reports, screen resolution, sometimes other, which marketing
campaign affect user to come); Please pay attention to the fact, that usage of such information
is also a subject to the relevant policies published by Google;
At the moment We process some types of cookie files. Detailed list of cookies, which are
processed can be sent to You upon request as well as other technical information in relation
to the usage of cookies. This information is useful to us because it helps us to better understand
how You use the Website and Services, so that We can improve them for You. You can globally
prevent the setting of cookies by adjusting the privacy settings of Your web browser (see Your
web browser Help for how to do this). Be aware that disabling cookies will negatively affect
the functionality of this and many other websites that You visit. Disabling cookies will also
usually result in disabling of certain functionality and features of the Website. Therefore, it is
recommended that You do not disable cookies. By using the Website and clicking the button
“continue” You express Your additional consent for the processing of cookies by Us. We collect
general anonymous analytical information on the use of the Services for their
optimization.
3.3.3. Information We receive from third parties. We do not exclude the possibility of collecting
Your Personal Data from other sources, for example, from publicly available sources, such as
social networks, or from trusted third parties like payment providers. We use this
information in addition to the Personal Data We have already collected about You in order to
better personalize and improve our services for You, as well as to verify the Personal Data
You provide Us with.
4. HOW WE USE YOUR PERSONAL DATA
4.1. We may deliver, personalize, and improve our Services by combining and using the information We
have about You (including information We receive on and off our Services) to understand how You
use and interact with our Services and the people or things You’re connected to and interested in. We
also may use the information We have about You for the following purposes:
4.1.1. Provide, maintain, improve, and develop relevant features, content, and Services;
4.1.2. Fulfil Your requests (support) and when authorized by You;
4.1.3. Research and develop new Services;
4.1.4. Detect and defend against fraudulent, abusive, or unlawful activity;
4.1.5. Content personalizing;
4.1.6. Research and develop new services;
4.1.7. Sending You technical notices, updates, security alerts, invoices and other support and
administrative messages;
4.1.8. Provide customer service;
4.1.9. Communicate with You about products, Services, offers;
4.1.10. To send You different promotions, and info regarding events, and to provide other news
and information we think will be of interest to You;
4.1.11. Personalize the Services and provide advertisements, content and features that match
User profiles or interests;
4.1.12. And for other purposes.
5. HOW WE SHARE YOUR PERSONAL DATA
5.1. Our Privacy Policy applies only to the Services, that are offered on the Website. Website may contain
links to other websites and file downloads from other websites. We do not exercise control over any
website that may be linked to from within content on our Website. We are not responsible for the
privacy practices or content of such websites.
5.2. When You use the Services, certain information may be shared with other Users and the public (can
be viewed on the Website).
5.3. We do not transfer Your Personal Data to third parties, except cases, that are mentioned in
this Privacy Policy which are next:
5.3.1. With our partners. We may share information with Affiliates, vendors, consultants, and
other service providers (but not with advertisers and ad partners) who need access to such
information to carry out work for Us. The partner’s use of Personal Data will be subject to
appropriate confidentiality and security measures.
a) Payment-provider – Connpay
b) Google-analytics (https://policies.google.com/privacy?hl=en-US);
c) Etc.
5.3.2. To comply with the law. We may share information in response to a request for information
if We believe disclosure is in accordance with, or required by, any applicable law, regulation,
legal process or governmental request, including, but not limited to, meeting national
security or law enforcement requirements. To the extent the law allows it, We will attempt
to provide You with prior notice before disclosing Your information in response to such a
request. We may also share Your Personal Data with regulatory, state and law enforcement
agencies, courts, fraud prevention agencies, licensing authorities or other third parties, in
cases where applicable laws or regulations must be observed, as well as to implement,
establish or protect our legal rights (when it is possible and appropriate, We will immediately
inform You about disclosure of Your Personal Data to the third parties);
5.3.3. In an emergency. We may share information if We believe it's necessary to prevent
imminent and serious bodily harm to a person;
5.3.4. To enforce our policies and rights. We may share information if We believe Your actions
are inconsistent with our user agreements, rules, or other Winpeak policies, or to protect the
rights, property, and safety of ourselves and others;
5.3.5. With our Affiliates. We may share information between and among Winpeak Affiliates and
any of our parents, affiliates, subsidiaries, and other companies under common control and
ownership;
5.3.6. With Your consent. We may share information about You with Your consent or at Your
direction.
5.4. We don’t store Your credit card and payment information, it’s transferred right to our PCI-DCC
compliant payment provider for payment facilitation procedures, including, but not limited to;
prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such
as chargebacks or refunds; and for other purposes associated with the acceptance of credit and debit
cards. For means of customer support We will, however, have access to user transaction history, IP
address, currency. Sensitive credit card information is only processed by our payment providers.
5.5. We may partner with third-party advertisers, ad networks to deliver advertising and content
targeted to Your interests and to better understand Your use of the Services. These third parties may
collect information sent by Your computer, browser, or mobile device in response to a request for
content, such as unique identifiers, other information about Your computer or device.
5.6. Other information, that does not personally identify You as an individual is collected by Company
(such as, by way of example, patterns of use) and is exclusively owned by Us. We can use this
information in such manner on our sole discretion, deems appropriate.
5.7. We may share specific aggregated, non-Personal Data with third parties, such as the number of Users
who have registered with Us, the volume and pattern of traffic to and within the Website, etc. That
information will not identify You, the individual, in any way.
5.8. As were mentioned above, when You send Us messages, We can keep them for administering of Your
inquiries, for improving of our services. We shall not transfer information from such messages to
third parties.
5.9. In other cases, We do not share Your Personal Data, but retain it encrypted on our servers, for more
details about that please see section “Security of Your Personal Data”.
6. LENGTH OF DATA RETENTION
6.1. We retain Your Personal Data to fulfill our legal, operational, contractual and regulatory obligations.
For each type of records, the recordkeeping requirements may vary so We guarantee that in no event
shall We retain Your Personal Data longer than required. If You would like to know more about the
length of retention for a specific data, please contact Us at support@winpeak.com.
7. SECURITY OF YOUR PERSONAL DATA
7.1. We provide the following safety measures regarding protection of Your Personal Data:
7.2. We have implemented reasonable administrative, technical and physical measures in an effort to
safeguard the Personal Information in our custody and control against theft, loss and unauthorized
access, use, modification and disclosure such as (including, but not limited to):
7.2.1. Personal Data encryption;
7.2.2. Access Control. All Services related to operations and infrastructure are accessible only
through secure connectivity (e.g., SSL, SSH).
7.2.3. Employees. All employees undergo national background checks, additional checks are
required to sign non-disclosure agreements or similar docs, and complete specific security
training, also there specific internal policies implemented;
7.2.4. Evaluation of the effectiveness of used security measures, prior to the launch of the Website
and its updates;
7.2.5. Detection of the facts of unauthorized access to PD and the adoption of appropriate response
measures;
7.2.6. Restoration of PD that was modified or destroyed due to unauthorized access to them within
our capabilities.
7.3. WE USE, STORE AND PROCESS YOUR PD ON SERVERS IN VARIOUS JURISDICTIONS (GERMANY,
USA, etc), WHERE OUR FACILITIES AND/OR SERVICE PROVIDERS ARE LOCATED. BY CHECKING
A RELEVANT BOX, VIEWED ON THE WEBSITE DURING REGISTRATION PROCEDURE, YOU
AGREE TO THIS TRANSFER, STORING, OR PROCESSING. COMPANY WILL TAKE ALL STEPS
REASONABLY NECESSARY TO ENSURE THAT YOUR PERSONAL DATA IS TREATED SECURELY
AND IN ACCORDANCE WITH THIS POLICY. Third parties may be located in other countries where
the laws on processing of Personal Data may be less stringent than in Your country. From time to
time, the Personal Data may be also stored in other locations, and in such cases, Company will ensure
that the Personal Data will be stored and processed with the reasonable level of care and security.
8. KNOW YOUR RIGHTS
8.1. You can opt-out of receiving certain marketing or promotional communications from Us at any time
by using the unsubscription link in the email communications sent.
8.2. If You are a resident of the European Union, You have certain data protection rights under the GDPR:
8.2.1. You can access and change certain types of the Personal Data through the User Account
themselves without contacting Company (this clause also applies for the non-EU residents);
8.2.2. You may delete several types of Your Account information, which were provided by
Yourself, at any time from the relevant page. But We may retain certain Your Personal
Data as required by law or for legitimate business purposes after You delete Your Account. If
You initially consent to our collection of location information, You can subsequently stop the
collection of this information at any time by changing the preferences on Your browser (this
clause also apply for the non-EU residents); To exercise this right, please contact us at the
email indicated on the Websit. Winpeak may ask you to perform additional verification
procedures to make sure that the appropriate Clienthas contacted it. There are certain cases
in which the above described right cannot be exercised. We will inform You if they occur.
8.2.3. You have the right to receive information regarding purposes of Personal Data
collection, regarding third parties, to which we disclose Your Personal Data, information,
regarding safeguards that are applicable for secure storage of Your Personal Data, period of
time for which Personal Data will be stored;
8.2.4. You also have the right to demand full erasure of Personal Data concerning You
sending Us a request via support [support@winpeak.com]. We shall fulfil Your request
in appropriate period of time. If there is no other lawful ground for storing and processing of
Your PD, as prescribed by Applicable Law, Company shall erase such information. If there is
another legal ground for such processing, Company shall notify You in appropriate period of
time (this clause also applies for the non-EU residents); Please note if you will execute your
right to be forgotten and delete your User Account, some personal data will remain in our
system in anonymized form, it will be stored in such a way that it will be impossible to identify
the User. This is necessary to give us an opportunity to check whether a User was previously
registered or not. Company will use such data only in order to prevent fraud, when a Client
who violates the Terms and Conditions and whose User Account was deleted will attempt to
re-register within the us again. By saving such data, Company will rely on its legitimate
interest as processing ground.
8.2.5. You also have the right to demand restriction of the storing and processing of the PD,
if legal grounds for such demands have arisen / or are prescribed in Applicable Law;
8.2.6. You have the right to object processing of Personal Data concerning Yourself under
circumstances, that are prescribed in applicable law. In case of such objection, Company shall
restrain from processing of Your PD, if there will be no other legal grounds for continuing of
processing;
8.2.7. Company takes Your rights very seriously. However, if You are of the opinion that We have
not dealt with Your complaints adequately, You have the right to submit a complaint to the
data privacy protection authorities responsible;
8.2.8. You have the right to ask Company to provide You with a structured, list of previously
provided PD (and of the currently processed PD by the Company). You also can ask Us to
transmit Your PD to previously chosen third party.
8.3. To send a request for delete, rectification and submission of PD please contact support via or
support@winpeak.com
8.4. U.S. California state residents have the right to ask us for a notice identifying the categories of
Personal Data We share with third parties for marketing purposes. U.S. California residents can
exercise this right by submitting a written request as indicated.
9. DATA TRANSFERS
9.1. When We transfer PD outside the European Union or EFTA, We ensure, that the adequate level of PD
security is provided. During such transfer, We also ensure that adequate level of Your rights
protection is also applied, on the basis of adequacy analysis of the third country Personal Data
protection legislation, on the basis of contractual obligations, assumed by the PD recipient.
10. NOTIFICATION
10.1.If Company becomes aware of security systems breach, then We will attempt to notify You
electronically so that You can take appropriate protective steps. Company may post a notice on our
Website if the security breach occurs.
10.2.When the Personal Data breach is likely to result in a high risk to the rights and freedoms of Users,
the Company will inform You as soon as reasonable possible.
10.3.In the event that Winpeak is acquired by or merged with a third-party entity, We reserve the right,
in any of these circumstances, to transfer or assign the information We have collected from our Users
as part of such merger, acquisition, sale, or other change of control. If We become involved in a
merger, acquisition, or any form of sale of some or all of its assets, We will notify Users before
Personal Data is transferred and becomes subject to a different privacy policy. In the unlikely event
of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of
creditors, or the application of laws or equitable principles affecting creditors' rights generally, we
may not be able to control how Your Personal Data is treated, transferred, or used.
11. SUBMITTING A REQUEST.
11.1.Winpeak will process your request and will respond to it within 14 business days from the receipt of
the corresponding request from you. In some cases, this period may be extended by two months. This
might occur, for example, for technical reasons orbecauseof big inflow of requests.Youwillbenotified
of such extension and the reasons for it within 7 business days from the receipt of your request.
11.2.Company accepts and processes the requests for Personal Data free of charge. However, if there are
reasons to believe that requests are sent unfairly, We reserve the right to refuse processing such
requests or to establish a reasonable fee for such processing.
12. COLLECTION OF CHILDREN’S PD.
12.1.BY ACCESSING OR USING THE WEBSITE AND ONLINE SERVICES PROVIDED BY COMPANY, YOU
HEREBY REASSURE THAT YOU ARE OVER 16 YEARS OLD. IF YOU DO NOT AGREE WITH
PROVISIONS OF PRIVACY POLICY AND TERMS OF USE, YOU SHALL NOT USE THE WEBSITE AND
ONLINE SERVICES AT THIS WEBSITE. YOU BARE ALL AND ANY RESPONSIBILITY FOR ANY
CONSEQUANCES FOR USAGE OF THE WEBSITE OR PROVIDED SERVICES WITHOUT MEETING
REQUIREMENTS SET BY THE TERMS OR THE PRIVACY POLICY.
12.2.PERSONNEL OF COMPANY DOES NOT KNOWINGLY COLLECT OR MAINTAIN PERSONALLY
IDENTIFIABLE INFORMATION OR NON-PERSONALLY-IDENTIFIABLE INFORMATION ON OUR
SERVICES FROM PERSONS UNDER 16 YEARS OLD, AND NO PART OF OUR SERVICES IS
DIRECTED TO PERSONS UNDER 16. IF YOU ARE UNDER 16 YEARS OLD, THEN PLEASE DO NOT
USE OR ACCESS THE COMPANY SERVICES AT ANY TIME OR IN ANY MANNER. IF COMPANY
LEARNS THAT PERSONALLY IDENTIFIABLE INFORMATION OF PERSONS LESS THAN 16 YEARS
OLD HAS BEEN COLLECTED ON THE WINPEAK SERVICES WITHOUT VERIFIED PARENTAL
CONSENT, THEN COMPANY WILL TAKE THE APPROPRIATE STEPS TO DELETE THIS
INFORMATION AND SUSPEND SUCH ACCOUNT.
12.3.Additionally, You must be over the age required by the laws of Your country to create an account or
otherwise use the Services, or We need to have obtained verifiable consent from Your parent or legal
guardian as it is prescribed in the Terms of Use. ONLY PERSONS OVER 18 YEARS OLD MAY ACCESS
THE FULL FUNCTIONALITY OF THE WEBSITE.
13. CONTACT US
13.1.If You have any questions about this Privacy Policy, please feel free to contact Us or to write to Us at:
E-mail: support@winpeak.com