Report and Complaint Policy (Appendix 6)

• Terms of Services
• Terms of Use for Creators (Appendix 1)
• Terms of Use for Fans (Appendix 2) 
• Referral Program Terms (Appendix 3)
• Acceptable Use Policy (Appendix 4)
• Community Guidelines (Appendix 5)
• Report and Complaint Policy (Appendix 6)
• KYC Procedures and Requirements (Appendix 7)
• Relevant Legislations (Appendix 8)
• Anti Human Trafficking Statement (Appendix 9)

Wink is committed to fostering a safe and secure online environment for Users of the Platform. Wink does not tolerate the display or dissemination of any Contents that violate Applicable Laws, these Terms (such as CSAM, non-consensual sexual acts, privacy violations, abuse, harassment, etc.) and the Relevant Legislations on our Platform and Site (the “Illegal Submissions”) and upon becoming aware of such Illegal Submissions, we will expeditiously remove or disable access to them.

This Report and Complaint Policy strives to ensure that a timely report or takedown request could be made by Users that wish to report and/or reasonably suspects that such Illegal Submissions are being posted in the Platform that violates the Terms of Services (the “Terms”), the Acceptable Use Policy, the Community Guidelines, the Relevant Legislations and all other applicable policies as designated and amended by us from time to time in the Platform.

To make a compliant, report or takedown request (collectively the “Report”), please collect evidence and proof that supports your claims in the event of Report is being made (the “Proof”). The Proof could be taken in various forms such as screenshots, links, and any other evidence that is considered by you to be relevant to the Report. You have three options to submit the report:

1. You can report users or posts on the platform from three different places;
   1. Messages - Click on the three dots on the top right corner of a chat, select "Report";
   2. Post - Click on the three dots on the top right corner (next to posting time), select "Report";
   3. Profile - Click on the three dots on the top right corner (next to follow/unfollow button), select "Report";
2. Go to the Help Centre at https://learn.w.ink/hc/en-gb, then click “submit a request”, under “Choose your report type” select “report suspicious activity”, provide us with your email address, description of the Report and attach the relevant Proof; and/or
3. Submit a ticket at our official discord channel or direct message one of our verified admins in our Telegram group.

The Report and Proof shall contain the following contents:

1. A detailed explanation of the reasons why you allege the Contents in question to be illegal content (such as whether the Contents solicit or promote child abuse, human trafficking or any other prohibited activities as prescribed in our Acceptable Use Policy and Community Guidelines);
2. your Wink account username, email and your Discord/Telegram handle if reported through the official discord channel or direct message with one of our verified admins in our Telegram group (except in the case of Submissions considered to involve sexual abuse, sexual exploitation, child pornography, solicitation of children for sexual purposes or incitement, aiding, abetting, or attempt to such offences);
3. all the other evidence that you consider to be the relevant to prove that the Contents should be regarded as Illegal Submissions;
4. a statement confirming that you permit the content of such Report to be adduced as evidence as required by Applicable Laws for such Infringement;
5. a statement confirming that you shall cooperate with all the reasonable requests of the Platform or regulatory authorities of adducing, collecting and processing evidence of the Illegal Submissions, and failing which would result in failure or delay in processing the Report; and
6. a statement confirming your bona fide belief that the information and allegations contained in the Proof are accurate and complete.

You acknowledge that, by reporting a user or post, you confirm the below;

1. you permit the content of such Report to be adduced as evidence as required by Applicable Laws for such Infringement;
2. you shall cooperate with all the reasonable requests of the Platform or regulatory authorities of adducing, collecting and processing evidence of the Illegal Submissions, and failing which would result in failure or delay in processing the Report; and
3. that the information and allegations contained in the Proof are accurate and complete.

If you fail to comply with all of the requirements of the Appendix herein, your Report may not be considered as valid or may be delayed in processing. If in our opinion the Report substantiates Illegal Submissions (such as CSAM, non-consensual intimate imagery, terrorist content, or other Contents that gives rise to suspicion that criminal offence involving an imminent threat to life or safety of a person or persons has taken place, is taking place or is likely to take place), Wink will report to the competent state authorities, regulatory and judicial authorities. We shall also provide a statement of reasons to the affected User to whom the Contents had been removed to which the Report is concerned, which will include the decision taken, the facts and circumstances relied on in taking such a decision, information on the use of automated means, reference to the legal or contractual ground relied on (where the decision concerns allegedly illegal content or a violation of Terms), and information on the redress available.

Please note that (i) we do not accept that we are a joint controller of third party personal data available or contained in any Report submitted, or otherwise provided to us, by you and we expressly disclaim any and all liability in connection with the third party personal data; (ii) we also reserve the right to suspend the processing of Report of complainants who submit unfounded Report (the “Unfound Report”). The examples that we consider as circumstances for Unfound Report include:-

1. the Unfound Report is made for the purpose of pranks and contains no substances;
2. the alleged Illegal Submissions in the Unfound Report is fabricated and has not been posted in our Site or Platform;
3. the Unfound Report contains spam languages and garbled characteristics; and/or
4. the content of the Unfound Report has no direct relationship with any Contents being posted on Wink.

In addition to the above, Wink undertakes voluntary own-initiative investigations in good faith and diligent manner, aiming to detect, identify, and remove or disable access to Illegal Submissions. These efforts include employing avant-garde automated detection technologies capable of identifying various types of illegal content, supplemented by manual review conducted by our well-trained team of human content moderators. Furthermore, Contents of our Platform has undergone checks for malware, viruses, or other malicious software prior to uploading.

(For EEA Users) Recognising the importance of responsible content moderation, Wink will regularly collaborates with Trusted Flaggers from the EEA to swiftly identify and address any Illegal Submissions. This cooperative effort reflects our commitment to upholding the highest standards of user safety and promoting a positive online experience for all. Through this collaborative approach, we aim to continuously improve our content moderation processes and maintain a platform that prioritizes the well-being of our users and the integrity of our online community. Trusted Flaggers from the EEA are those who had been certified by the relevant Digital Services Coordinator.

We would closely follow up with our results of investigations and respond to the Report within seven (7) days. If your complaint is regarding Contents which appears on the Platform and we determine that the Content constitutes a material violation of our Terms, we shall remove it. We shall also provide notice to the User for “statement of reasons” for removing such Contents, detailing why such Contents were removed. However, you shall have the right to dispute or appeal our decision in accordance with the dispute resolution mechanism set out below.

Dispute Resolution Mechanism

Depending on the jurisdiction you reside in, you could peruse any of the following routes for dispute resolution mechanism:-

For Users in European Economic Area (EEA)

1. If you are one of the Users in the European Economic Area you may, but are not required to, seek resolution of any dispute with us through consumer mediation services using the European Online Dispute Resolution platform. We are not obliged to participate in alternative dispute resolution proceedings (except in very limited circumstances).
2. If you are in the European Economic Area and encounter an infringement of the EU's Digital Services Act while using Wink, you have the right to complain to the digital services coordinator of the country where you are located. You may also report or complain to us through this policy.

For Users in the United Kingdom

Regulatory complaints: Wink is regulated by Ofcom and the Information Commissioner's Office in the United Kingdom.