Privacy Policy

• Privacy Policy
• Creators Privacy Undertaking (Appendix 1)
• Consent Form (Appendix 2)

This Privacy Policy (this “Policy”) relates to the collection, use, transfer and disclosure of Personal Data by Purple Donut Limited, which is applicable to our group products including but not limited to LikeLabs.io (“LikeLabs”), w.ink (“Wink”) and other affiliated companies (the “Affiliates”) (collectively, “LikeLabs”, “Wink” and "we", "our" or "us" shall be construed accordingly). 

In this Policy, "Personal Data" means (a) any data relating directly or indirectly to a living individual (which includes sensitive Personal Data such as biometric data, IP addresses, real time location); (b) any data from which it is practicable for the identity of the individual to be directly or indirectly ascertained; (c) any data in a form in which access to or processing of the data is practicable; and (d) the Personal Data of Creators,  Fans and the other users in the Platform (collectively the “Wink Users”) as mentioned herein in section 1 of this Policy. 

As used in this Policy, the terms “you” and “your” shall refer to both the Wink Users of the Platform or the person reading and accessing this Policy, as the case may be.

This Policy is provided in addition to, but does not form part of, our Terms of Service (the “Terms”) that govern your use of our Site and our Services. Unless otherwise defined herein, capitalised terms in this Policy shall have the same meanings as are ascribed to them in the Terms. This Policy (together with the documents referred to in it) constitutes the entire agreement and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts and agreements for the subject matter hereof.

• 1.1. The different kinds of Personal Data processed by Wink and/or our Third Party Service Providers on our behalf are shown in the table below:-

  Category of Personal Data	Description
  User Data	Verified Creators  full name; residential address; country of residence; social security number; email address; telephone number; a copy of the government identity document (including passport, national identity cards, driving licenses, etc.); third-party social media handle / personal website address (used to further verify age and identity and to help us understand better the content you will likely share on our Platform); and signature on release forms if you feature in another Creators/ Social Platform (as defined below). Fans Account/Unverified Account Wallet address or email address you registered the account with.
  Onboarding Data for KYC	Verified Creators  the handle/username of your socials that you submit for socials verification; a copy of the government identity document that you provided to our Third Party Service Providers;  the results of the third-party age and identity verification process (pass / fail and reason for failing); any other information that you choose to provide to us (e.g. if you send us an email to us, call us or otherwise contact us); records of any bankruptcy, winding-up, liquidation or dissolution proceedings filed or commenced against you;  records of any litigation, arbitration, administrative or other similar proceedings filed or commenced against you;  criminal record (if any); and other Personal Data of Creator collected through the use of cookies and other tracking technologies.  For details of the KYC Procedures and Requirements, please refer to Appendix 7 of the Terms. As we engage Third Party Service Providers to perform the KYC, you shall be deemed to have agreed and consented to the collection, use, processing, retention, transfer and disclosure of your Personal Data of such Third Party Service Providers engaged by us to perform the KYC.
  Wink Account Data	Verified Creators profile name/display name; alias; profile picture, banner and bio of your Creator account; your wink showcase profile – Preview images and short bio; your account verification date; your onboarding reward fulfillment status, completion date, vesting period and claiming period; the public key of the wallet associated to your account; your referrer; your followers; accounts you are following/Winked at; accounts you blocked/unblocked; post or users you reported and respective evidence and description; your sub-account delegation settings; your account-closing requests; your launched Subscriptions or Passes; your purchased Subscriptions or Passes; EARN rewards eligible, vesting period and claiming period; posts that you created on your Creator account; comments on posts made on your Creator account; pay-per-view content sent on your Creator account; content you uploaded onto your Media Vault; content you have used in your Media Vault; media you have used in posts or chats; your Chat Notes; chat messages between you and fans or you and other creators; notification read status; and customer support queries that you submit to us through our Communication Portal in our Site and Platform or through my official Discord or Telegram. Fans profile name/display name; alias; profile picture, banner and bio of your Creator account; the public key of the wallet associated to your account; your referrer; your followers; accounts you are following/Winked at; accounts you blocked/unblocked; post or users you reported and respective evidence and description; your account-closing requests; your launched Subscriptions or Passes; your purchased Subscriptions or Passes; EARN rewards eligible, vesting period and claiming period; posts that you created on your Fans account; comments on posts made on your Fans account; pay-per-view content purchased; media you have used in posts or chats; your Chat Notes; chat messages between you and creators or other fans; notification read status; and customer support queries that you submit to us through our Communication Portal in our Site and Platform or through our official Discord or Telegram.
  Transaction Data	Creators type of sales – Passes, subscriptions, tips or pay-per-view content; payee information – alias, wallet address; payment type – on-chain transaction, card payments, Google Pay, Apple Pay, Swift, etc.; payment status – success or fail; transaction datetime; transaction ID on Solana chain;  transaction amount transaction split information – platform fee, referrer, delegated sub-account; and EARN rewards eligible, vesting period and claiming period. Fans type of purchase – Passes, subscriptions, tips or pay-per-view content; creator information – alias, wallet address; payment type – on-chain transaction, card payments, Google Pay, Apple Pay, Swift, etc.; payment status – success or fail; transaction datetime; transaction ID on Solana chain;  transaction amount; transaction split information – platform fee, referrer, delegated sub-account; and EARN rewards eligible, vesting period and claiming period.
  Technical Data	Creators and Fans Internet or other electronic network activity information, including: internet protocol (IP) address (and associated location data); Internet Service Provider (ISP);  name and version of browser; and attribution data

• 2.1. Wink actively engages with its community and developers. We conduct researches about current, former, and prospective Creators and Fans. From time to time, we may solicit participation in such research studies and, if you choose to participate, then we may observe how you use Wink and may record video, audio, and images of you using Wink and your interview with Wink researchers and only if consent is obtained from you. As part of these research studies, we may also ask you to answer survey questions, including about how you use Wink and how you perceive the Services offered by Wink. When you answer these questions, we will store your responses (which may include your Personal Data, including full name and email address).

• 3.1. By agreeing to the Terms and subscribing and purchasing Passes and Subscriptions offered by the Creators, you agree to share Personal Data with the Creators that may include:

  1. your Wink account profile;
  2. the public key of the wallet associated to your account;
  3. messages sent to Creators;
  4. data, including post views, video views, and video view duration; and
  5. your total spending on the creator’s Passes, Subscriptions, Tips and Pay-Per-View Contents.

  3.2. Wink strives to ensure that the Personal Data shared with Creators would be properly governed and safeguarded, and the Creators are required to observe and comply with the terms of the Creators Privacy Undertaking (attached herein as Appendix 1 of this Policy) to govern how Creators are permitted to process the Personal Data shared with them. For further details, please refer to the Creators Privacy Undertaking.

• 4.1. The following information may be publicly accessible or otherwise shared with members of the public:

  1. Platform-wise data including but not limited to total registered users, active users, total transaction count and amount; and
  2. Comments, likes, and reactions on Wink’s official social accounts are public.

  4.2. Public Information of Creators

  1. your wink profile link;
  2. your wink profile, including your username, alias, display picture, banner and bio;
  3. your wink showcase profile, including preview images and bio;
  4. accounts you follow;
  5. accounts that followed you;
  6. passes you have launched and quantity available and sold;
  7. passes and subscriptions available;
  8. number of media you have posted;
  9. your comments and Likes on posts; and
  10. post you made public including both text and media.

  4.3. Public Information of Fans

  1. Your wink profile link;
  2. Your wink profile, including your username, alias, display picture, banner and bio;
  3. Accounts you follow;
  4. Accounts that followed you;
  5. Your comments and Likes on posts; and
  6. Post you made public including both text and media.

• 5.1. You may also have the option to sign up for Wink using third party social platforms, such as Facebook, Discord, Google, Twitter, Apple and other social platforms that is commonly used by Users nowadays (the “Social Platforms”). We will ask for permission to access basic information from the accounts you maintain with such Social Platforms (“Social Platform Accounts”), such as:

  1. your profile information, including UserID, username, page name, and/or profile picture;
  2. follower and/or subscriber counts;
  3. accounts you follow and the accounts that follow you;
  4. post and/or upload counts; and/or
  5. likes, view and/or comments.

• Creator Account Opening

  6.1. In order to provide our Services and conduct Account opening, in compliance with the obligations imposed by the Applicable Laws, in particular those relating to anti-money laundering and counter-terrorist financing (“AML/CTF”), our Third Party Service Providers and we would ask the Creators to provide certain Personal Data (as listed in section 1 “Onboarding Data for KYC” above), and such other information/documents from time to time as required by the Applicable Law or our internal policies and procedures designed to ensure compliance with such Applicable Law.

  6.2. Please note that if the Creators do not provide the Third Party Service Providers and us with such Personal Data, Creators may fail verification and won’t receive a verified Checkmark next to their usernames on the Platform.

  Collection of Personal Data

  6.3. We will collect and use your Personal Data in accordance with applicable data protection laws, rules and regulations, in the manner set forth in this Policy. Any Personal Data obtained by us will be used solely for providing or facilitating the provision of our Services (further details are set out in Section 8 “Use of Personal Data” in this Policy) and will not be disclosed or made accessible to any third party except as provided by this Policy.

  6.4. Unless you have specifically notified us to the contrary, you will be deemed to have agreed and consented to the collection, use, processing, retention, transfer and disclosure of your Personal Data (including but not limited to those types and categories of information and data enumerated above) so collected by us in accordance with the provisions of this Policy.

  6.5. You shall be responsible for providing accurate and up-to-date information to us or we may not be able to provide you with or may suspend your access to any or all of our Services.

  6.6. If your content includes other people or creators, or uses of third-party materials, you hereby acknowledge and confirm that you have that other person’s authorisation or consent to provide his or her information to us and our collection, use, processing, retention and disclosure of such information in accordance with this Policy. Any person whose Personal Data and other information are provided to us, whether by such person himself or herself or by any person on his or her behalf, shall be deemed to have accepted and agreed to this Policy, which will be binding upon such person.

  6.7. We shall be entitled to assume, conclusively and without enquiry, that the authorisation or consent of any such other person as aforesaid has been obtained for the provision of his or her information to us and our collection, use, processing, retention and disclosure of such information in accordance with this Policy, and shall not in any event be responsible for any lack of authorisation or consent for the same. Further, you agree and undertake to indemnify, defend and hold us harmless from and against any losses, damages, costs, expenses, suits, actions, proceedings and third-parties demands and claims arising from or in connection to your failure to obtain valid authorisation or consent or your breach of any term or condition applicable to your disclosure of Personal Data and any other information of any other person.

• Collected from Site and Platform

  7.1. Save as aforementioned above, we automatically collect, through the use of cookies, web beacons, log files and other technologies, data that web browsers, servers, mobile and other computer devices typically make available, including your IP address and the associated geolocation, as well as other data which are generally not Personal Data, such as the browser type, domain name, operating system, language preference, referring site or the link which led you to our Site, and the date and time of each access request and length of each visit. Our main purposes in collecting such data (including both Personal Data and other information) are to better understand how our Users use our Site and to monitor activities of our Users in order to detect any illegal, suspicious or prohibited behaviour as prescribed in the Terms and prevent hacking and unauthorised access.

  7.2. Our Site may include links to third-party websites, plug-ins and applications (the “Third-Parties Links”). By clicking on those links or enabling those connections, third parties might be allowed to collect or share Personal Data about you. We are not responsible for, and this Policy does not apply to the content, security or privacy practices of those other websites, plug-ins or applications. We encourage you to view the privacy and cookie policies / notices of those Third-Parties Links to find out how your Personal Data may be used.

  7.3. You may always refuse to supply such data by rejecting some or all of our cookies. However, this may result in certain features, functionalities or services of the Site not being available to you. Please refer to Section 15 “Cookies” below for further information.

  Personal Data Provided by Users

  7.4. Instances in which you may provide Personal Data to us include, without limitation, the following:

  1. when you access our Services in the Platform pursuant to the Terms;
  2. all the instances and circumstances that Personal Data would be provided pursuant to section 1-6 of this Policy;
  3. completing and submitting the application to open an Account with us;
  4. (in the case of Creators) completing the KYC Procedures and Requirements and providing supporting information and documents to the Third Party Service Providers as prescribed in the Terms in connection to the Account opening of Creators;
  5. providing other supporting information and documents for our identification and verification of your identity;
  6. (in the case of Creators) authorising any of our Affiliates or other third parties to release your information, data and documents to us for KYC and other purposes;
  7. submitting enquiry forms, reports or feedback forms through the Platform, Communication Portal or Wink’s official Discord or Telegram; and
  8. filing a complaint/ reporting a problem through our Communication Portal with reference to the Complaint Policy in the Terms.

• 8.1. We will only collect, use, process and retain your Personal Data for the following purposes:

  1. to provide you with access to the Services of our Site, including but not limited to processing and executing or relaying your transactions, instructions, orders and other requests, and the Services prescribed in the Terms;
  2. (in the case of Creators) to process Creator’s Account opening and to grant to the Creator an Account upon approval and completion of KYC;
  3. conduct research and development to improve our Services and develop our products and their features;
  4. prevent fraud, abuse, and illegal activities on Wink against the Terms, Acceptable User Policy and Community Guidelines;
  5. to analyse usage and activity and transaction patterns with a view to improving our services, the functionalities and features of our Site;
  6. to respond to your support needs;
  7. to contact you in relation to your use of our Services, including but not limited to making enquiries and communicating with you in relation to your orders, instructions and requests;
  8. to give you information and notices in relation to the Platform and the Services, including notices referred to in or contemplated by the provisions of the Terms;
  9. to provide you with information, news, updates, promotions and offers relating to the services and other products, services and facilities provided by us and our Affiliates;
  10. to comply with the Applicable Law;
  11. other purposes referred to in, or contemplated by, the Terms; and
  12. other legitimate business or commercial purposes as permitted by, or which are not contrary to, the provisions of the Terms and this Policy.

• 9.1. We shall only disclose your Personal Data:

  1. to our officers and employees, other personnel and agents involved in the operation of the Platform and provision of Services;
  2. to our Affiliates and Third Party Service Providers (including but not limited to cloud hosting, content distribution, security, order fulfillment, email and document management, internal communications/chat, fraud detection and prevention) in connection to the provision of the Services;
  3. to our Affiliates, business partners, service providers and other third parties with which we have a collaborative relationship, and to any third-party database operator, pursuant to any data-sharing arrangement established for the purpose of combatting money-laundering and terrorist-financing risks for the jurisdictions we provide our Services;
  4. to any Third Party Service Providers which we may appoint or engage for the purpose of performing KYC, AML/CTF checks, screenings, analyses, review and monitoring;
  5. to Authorities of competent jurisdiction (including governmental bodies, regulatory authorities, law enforcement agencies and courts and tribunals) or to any other person as required by Applicable Law and/or requests, demands and orders of such Authorities;
  6. where we have reasonable ground to believe that disclosure is necessary to prevent physical harm or financial loss to us or our Affiliates, to you or to any other user of services provided by us or our Affiliates; and
  7. in any other cases, to such persons and for such purposes as authorised by you.

  9.2. For the avoidance of doubt, some of our business partners would want to ensure that Wink is a safe community for everyone, and Wink is required to have all Creators sharing Creations to confirm that they attain the Age of Majority. Upon request from our business partners, Wink may share the information that used to verify and prove that the Creators had attained the Age of Majority with the business partners.

  9.3. With respect to people that appears in the Creations (the “Participants”), Wink does not collect the age verification (as to whether the Participants attain the Age of Majority) or consent information (the “Participants Information”) directly from Participants. Wink instead provides a consent form (attached in Appendix 2) for this purpose. However, Wink retains the discretion to request the Creators to provide the consent form (which permits disclosure of Participants Information, as the case may be), if requested by the business partners.

  9.4. With respect to the disclosure of your Personal Data to third parties as set out above, we assure you that such disclosure shall be made on a need-to-know basis, and an undertaking from such parties that they will keep such data confidential in accordance with this Policy. Our Third Party Service Providers are contractually bound to protect and use such information only for the purposes for which it was disclosed, except as otherwise required or permitted by law. We strive to ensure that such third parties will be bound by terms no less protective of your data than those described in this Privacy Policy and in compliance with all Applicable Law concerning data privacy and data protection, including but not limited to the relevant guidelines and directives issued by the regulatory authorities from time to time in the jurisdictions we provide our Services in.

  9.5. In addition, we shall strive to ensure that the Personal Data would not be used to facilitate our search engine of our Site and Platform, which had leveraged the use of AI Technology.

  9.6. Notwithstanding the foregoing, you agree and acknowledge that we will in no circumstances be liable or responsible for any data breach, unauthorised disclosure or mishandling by us, our Affiliates and any other third parties to which we may disclose your Personal Data in accordance with the provisions of this Policy.

• 10.1. Our services are global in nature and data may be stored and processed in any country outside Hong Kong (the “Stored Jurisdiction”) where we have operations or where we engage Third Party Service Providers, including but not limited to transferring data to and from our Affiliates, Third Party Service Providers, counterparties, intermediary institutions and regulatory authorities for our performances of Services, as well as staff members, agents, sub-contractors and sub-processors operating outside which may collect and process data on our behalf, or which may be involved in our provision of Services to you. That means data may be transferred and stored outside of the Stored Jurisdiction, which may have data protection rules that are different from those of the Stored Jurisdiction. However, we will take measures to ensure that any such transfer complies with the Applicable Law of such Stored Jurisdiction (and, to the extent applicable, those of other relevant jurisdictions) and that your Personal Data remain protected to the standards described in this Policy. By submitting your Personal Data to us, you agree to our transferring, storing or processing in accordance with this Policy, including transfers to destinations outside the Stored Jurisdiction. We will take steps as are reasonably necessary to ensure that the data are treated securely and confidentially in accordance with this Policy and the Applicable Law.

• 11.1. For the purpose of compliance with the Applicable Law, and to enable our provision of our Services to you, we will retain any Personal Information which you have provided to us or which we otherwise collect in accordance with this Policy throughout the continuance of you holding the Account with us and for a period of [two(2)] years (the “Retention Period”) after the termination of Account, unless a longer Retention Period is required by Applicable Law or any order, direction or request of the relevant Authorities.

  11.2. After the expiration of the Retention Period, we will, unless prohibited by Applicable Law, erase, delete and destroy your Personal Data held by us and take practicable measures to ensure that our Affiliates, agents and Third Party Services Providers to which we have disclosed your Personal Data in accordance with this Policy do the same. We might engage data processor (the “Data Processor”) to process Personal Data on our behalf, we would adopt reasonable safeguards and procedures to prevent any Personal Data transferred to the data processor from being kept longer than is necessary for processing of such Personal Data. For the purpose of this Clause, “Data Processor” means a person who processes Personal Data on behalf of another person; and does not process the Personal Data for any of the person’s own purposes.

  Despite the above, please note that blockchains are decentralised third-party networks that we do not control or operate. Due to the public and immutable nature of blockchain technology, we cannot amend, erase, or control the disclosure of data that is stored on blockchains.

• 12.1. We shall take all necessary measures appropriate to protect against unauthorised access, processing, erasure, loss, use, disclosure, alteration or destruction of your Personal Data. In particular, we have the following measures in place to ensure the safety and security of your Personal Data:

  1. the equipment and servers we use to store the Personal Data is safe;
  2. integrity, prudence and competence of the persons having access to the Personal Data (as mentioned in section 10 of this Policy); and
  3. the secure transmission of the Personal Data.

  12.2. As we might engage Data Processor, we would adopt reasonable safeguards and procedures to prevent unauthorised or accidental access, procession, erasure, loss or use of the Personal Data transferred to the Data Processor for processing. Unless otherwise required by the Applicable Law or otherwise provided herein, all Personal Data you provide to us will be stored on our secure servers. You shall be responsible for keeping your device and your Account credentials safe and secure and not to share them with anyone.

  12.3. You acknowledge that transmission of information through the internet is not completely secure, any such transmission shall be at your own risk. Although no one can guarantee the security of data transmitted through the internet, we strive to protect the data transmitted through your Account. We use industry standard security techniques, including but not limited to encryption, to help keep the data safe while the data is in transit or being stored by us.

  12.3. The Platform and Site may, from time to time, contain links to and from the websites of our partner networks, advertisers, Affiliates and Third Party Service Providers. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for those privacy policies. Please check these policies before you submit any data to such third parties.

• 13.1. Your name, email address, telephone number, contact address, social media contact, date of birth, as well as information about your subscriptions, products and services portfolio, transaction and activity patterns and behaviors, browsing records, content viewing held by us may be used by us in direct marketing of our Services and any new or existing Services offered by us, our Affiliates and business partners. For the avoidance of doubt, “direct marketing” in this Policy shall mean (a) the offering or advertising of the availability, of goods, facilities or services; or (b) the solicitation of donations or contributions for charitable, cultural, philanthropic, recreational, political or other purposes through direct marketing means.

  13.2. By entering into the Terms and accepting this Policy, you will be deemed to have consented to the use of your Personal Data for direct marketing purposes in accordance with this Section 13, unless you expressly indicate to us your objection to such use.

  13.3. We shall inform you through our Communication Portal if we use your Personal Data in direct marketing for the first time, and you shall have the right to request us to cease to use your Personal Data for direct marketing any at time through our Communication Portal or other prescribed modes of communications with us. If for any reason, we intend to provide your Personal Data to another person (“Other Person”) for use by that Other Person for direct marketing (the “Intended Provision”), we would inform you in writing stating:

  1. the purpose of such Intended Provision;
  2. the types of Personal Data to be provided;
  3. the persons to which the Personal Data is to be provided; and
  4. the marketing subjects in relation to which the data is to be used.

  13.4. We shall not provide your Personal Data to the Other Person unless written consent is obtained from you for the Intended Provision. You shall also have the right at any time to inform us in writing through our Communication Portal to cease such Intended Provision for direct marketing.

  13.5. If you prefer not to receive any direct marketing communications from us or our marketing partners, you may indicate the same when submitting your Account opening application or opt out of such direct marketing at any time thereafter by updating your preferences through your registered Account or by email to us through our Communication Portal. Upon actual receipt of your request, we shall cease to so use your Personal Data as soon as practicable without charge to you.

• 14.1. You have the right to request for access of your Personal Data (“Access Requests”) to obtain a copy of the Personal Data, to correct any Personal Data that is inaccurate (Correction Requests”) and to delete or cease the collection, processing or use of any Personal Data (Access Request and Correction Requests are collectively referred as “Requests”).

  14.2. The Requests should be addressed to us in writing through our Communication Portal. The Requests shall clearly prescribe the mode and form of the supply and correction of such Personal Data.

  14.3. Supply of Personal Data under Access Requests

  14.4. We shall, within 40 days (the “Period”) of receiving such Access Requests, supply you with such Personal Data requested by you. Nevertheless, the following conditions shall apply for such Access Requests:-

  1. if we do not hold such Personal Data, we shall inform you in writing we do not hold such Personal Data;
  2. if we could not and/or is not practicable for us to supply the prescribed form of Personal Data in the Access Requests, inform you that it is not practicable for us to supply such form as requested; and/or
  3. if we are unable to comply with such Access Requests within the Period, inform you in writing that we are unable to comply with such Access Requests and the reasons thereof. We shall comply with the Access Requests as soon as practicable after the expiry of such Period.

  14.5. Refusal to supply Personal Data under Access Requests

  14.6. We also reserve the right to refuse to comply with the Access Requests if any of the following circumstances occur:-

  1. you are not an eligible user of the Platform;
  2. the Access Requests are not in writing;
  3. we are not supplied with such information which is reasonably required by us to locate the Personal Data to which the Access Requests relates;
  4. the Access Requests follows 2 or more similar requests are made by:
  1. the individual who is the data subject in respect of the Personal Data to which the request relates;
  2. one or more relevant persons on behalf of that individual; or
  3. any combination of that individual and those relevant persons;
  5. any other data users (the “Data Users”) controls the use of Personal Data in such a way to prohibit us (whether in whole or in part) in complying with the Access Requests.

  14.7. We shall inform you in writing for our refusal to supply such Personal Data and the reasons for such refusal within the Period, and if section 14.6(v) is concerned, the name and address of the other Data Users in concerned. For the avoidance of doubt, “Data Users” of this Policy shall mean a person who, either alone or jointly or in common with other persons, controls the collection, holding, processing or use of the Personal Data.

  14.8. Correction of Personal Data under Correction Requests

  14.9. If we are satisfied that the Personal Data to which the Correction Requests relates to is inaccurate, we shall, within the Period of receiving such Correction Requests, make (i) the necessary corrections to the Personal Data requested by you and (ii) supply you with a copy of the Personal Data as so corrected. Nevertheless, the following shall also apply for such Correction Requests:-

  1. if the Personal Data of the Correction Requests has been disclosed to a third party (the “Third Party”) during the 12 months immediately preceding the day on which the correction is made, and the Third Party has not ceased in using the Personal Data for the original purpose for which the Personal Data was disclosed, then you hereby consent us to supply the Third Party with a copy of the Personal Data as so corrected accompanied by a notice in writing stating the reasons for the correction; or
  2. if we are unable to comply with such Correction Requests within the Period, inform you in writing that we are unable to comply with such Correction Requests and the reasons thereof. We shall as soon as practicable after the expiry of such Period to comply with the Correction Requests.

  14.10. Refusal to correct Personal Data under Correction Requests

  We also reserve the right to refuse to comply with the Correction Requests if any of the following circumstances occur:

  1. we are not satisfied that you are one of the Users of our Platform;
  2. the Correction Requests are not in writing;
  3. we are not satisfied that the Personal Data to which the Correction Requests relates to is inaccurate;
  4. we are not supplied with such information which is reasonably required by us to ascertain in what way the Personal Data to which the Access Requests relates is inaccurate;
  5. we are not satisfied that the correction which is the subject of the Access Requests is accurate; or
  6. any other Data Users controls the use of Personal Data in such a way to prohibit us (whether in whole or in part) in complying with the Correction Requests.

  14.11. We shall inform you in writing for our refusal to correct such Personal Data and the reasons for such refusal within the Period, and if section 14.10(iv) is concerned, the name and address of the other Data User in concerned. Without prejudice to the foregoing, if the Personal Data to which a Correction Request relates is a mere expression of opinion (where is incapable of being verified and/or after all circumstances had been considered by us, it is not practicable for us to verify such opinion), and we are not satisfied that the opinion is inaccurate, we shall make a note (annexed to the Personal Data concerned) of the matters in respect of which the opinion is considered by the requester to be inaccurate; and in such a way that that Personal Data cannot be used by a person (including us and the relevant third party) without the note being drawn to the attention of, and being available for inspection by, that person.

  14.12. Impositions of fees to process the Requests

  14.13. We reserve the right to charge a reasonable fee (the “Process Fees”) for the processing of the Requests, as may be notified to you through the Communication Portal, and we shall not be obliged to process with such Requests unless and until we receive the Process Fees.

  However, please note that blockchains are public ledgers of transactions that are maintained on decentralised networks operated by Third Party Service Providers that are not controlled or operated by us. Due to the public and immutable nature of blockchain ledgers, we cannot guarantee the ability to amend, erase, or control the disclosure of data which have been uploaded and stored on a blockchain.

• 15.1. Our Site uses cookies and other technologies to track and collect information of visitors. Cookies are small data files which track and collect your browsing information from your web browser, and then use such information during your future visits to our website, so that the server may immediately recognise that you have been to the website before.

  15.2. Our cookies will not destroy any files in your computer but are only used to track information such as the visitor’s IP address, which pages have been visited, and the duration or each visit and frequency of visits, as well as the activity patterns, habits and preferences of visitors. We do not use cookies to track the identity of the actual user (other than his or her IP address), and cookies will only tell if a certain computer or device has visited our Site in the past. For example, your name, email address and mobile phone number will not be collected by the cookies deployed on our Site.

  15.3. If you visit our Site and your browser settings accept cookies, we will consider this as acceptance of our use of cookies. If you do not wish to permit such tracking and information collection by our cookies, you may adjust the settings in your web browser to reject some or all of our cookies. However, this may prevent you from accessing or using some or all of the features, functionalities and Services of our Site and Platform.

• 16.1. Notwithstanding anything in this Policy or the Terms, if the possession of your personal data by us falls under the scope of the GDPR (i.e. if you are a resident of the European Economic Area (the “EEA”)), you will be entitled to the following additional rights prescribed by the GDPR (to the extent not already provided in other parts of this Policy):

  1. You have the right to request from us at any time to release the information of your personal data that we possess within the scope of Article 15 of the GDPR;
  2. You have the right to request for immediate correction of your personal data if it is incorrect;
  3. You have the right to demand us to erase the personal data concerning you, in particular the personal data that no longer necessary for the purposes for which they were collected or otherwise processed, as well as in cases of unlawful processing, the existence of an objection or the existence of an obligation to erase under European Union law or the law of the member state to which we are subject;
  4. You have the right to demand that we restrict processing in accordance with Article 18 of the GDPR.
  5. You have the right to receive from us the personal data concerning you that you have provided to us in a structured, commonly used, machine-readable format in accordance with Article 20 of the GDPR;
  6. You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you for one or more specific purposes, which is carried out, inter alia, on the basis of Article 6(1) of the GDPR and in accordance with Article 21 of the GDPR; and
  7. If the processing of personal data is based on your consent, you are entitled under Article 7(3) of the GDPR to withdraw your consent to the use of your personal data at any time. The withdraw of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

  16.2. For the purposes of this Section 16 only, “personal data” has the meaning given in Article 4(1) of the GDPR.

  16.3. Please note that the additional rights set out above apply only to residents of the EEA. If you do not reside in the EEA, the provision of this Section 16 will have no effect with respect to the collection, use, processing, retention, transfer and disclosure of your personal data and the remainder of this Policy will apply without regard to the provisions of this Section 16.

• 17.1. This Policy may be amended, modified, updated or supplemented by us from time to time as we in our sole and absolute discretion consider necessary or appropriate, for example as new products, services and features are added, as our business model develops or as required by updates to Applicable Law. We may amend, modify, update or supplement this Policy at any time by posting a revised version of this Policy or a supplemental document on our Site and Platform. Such amendments, modifications, updates and supplementations shall be effective when published on the Platform and our Site and supersedes all the previous version of the Policy. If you continue using our Platform and/or the Services after such amendments, modifications, updates and supplementations take effect, you are deemed to have accepted the revised or updated Privacy Policy and be bound by it accordingly. If you disagree with the terms of this Policy or any amendments, modifications, updates and supplementations hereto, you should immediately deactivate your Account and cease to use our Platform and our Services.

• 18.1. We shall in no event be liable to you in respect of any claims, losses, damages, expenses (including any legal fees) (the “Claims”) arising out of or in connection with the use, processing, retention or and/or disclosure or dissemination of any data in accordance with this Policy and any consents or authorisations that you may have otherwise provided to us. In particular:

  1. Content Leakage and Theft. Although Creators’ content on Wink is paywalled, certain contents of the Creations might still be illicitly captured (such as through Deepfakes and generative artificial intelligence) and there is no guarantee that consent is obtained for screen- shooting and downloading of the Creations and posts (the “Stolen Creations”), and there is no assurance that we can control such distribution and dissemination of Stolen Creations in other social platforms. Perpetrators and attackers might have malicious motives and leak such Stolen Creations for their personal gain and financial gain, as they might use the Stolen Creations to distribute in other social platforms, which is beyond our control. As the Stolen Creations would deprive Creators of income, we shall in no way liable and shall not be obliged to make up for such loss of income of Creators.
  2. Privacy violation and image-based sexual abuse. While Creators consent to post and share their intimate content within the Platform through their Creations, they do not consent to it being further shared nor viewed outside the context of the Platform or being distributed in other social platforms. Thus, leaks of Creators’ intimate content are a form of image-based sexual abuse. The permanence of intimate content leaks and severity of consequences from such leaks might inflict long term psychological harm of Creators. In addition, as we use Third-Party Service Providers for our KYC, there is no assurance that such Third Party Service Providers would keep such content secure from screenshots and screen-recordings, creating a risk of unauthorised distribution and dissemination of Creators’ materials, constituting both service theft and image-based sexual abuse. It is difficult for us to provide any adequate indemnity and compensation for long term psychological harm and emotional distress of Creators.
  3. Risks of Account Delegation. As the Creators have the right to select Delegation of their Accounts, there is no assurance that the Persons (being the ones delegated by Creators to manage their accounts) would comply with the Terms and all the applicable policies of our Platform, and they might capture, solicit, steal or disseminate the Contents and Personal Data of the Creators without the express authorisation and consent of the Creators, which might cause leakages of Personal Data of Creators. The Creators hereby agree that we are in no way responsible or liable for any loss, demands, claims, suits and proceedings arising from such risks (the “Loss”) and shall not be required to provide any compensation and indemnity for any Loss suffered by the Creators.

  18.2. In addition, exemptions apply under certain circumstances for exclusion of liability of disclosing Personal Data, such as for the purposes of crime prevention and prosecution, security and defence, statistics and research, news activity, protecting a data subject’s health (the “Purposes”), and the exemptions of different jurisdictions vary in accordance with the relevant data privacy laws and regulations. In the event of such exemptions apply, we shall not be obliged to provide any indemnity and compensation for the Users in respect of any Claims arising out of or in connection with the use, processing retention or and/or disclosure or dissemination of any data for such Purposes.

• 19.1. Notwithstanding anything in this Policy or the Terms, if the possession of your Personal Data by us falls under the scope of the United States of America (the “USA”) (i.e. if you are a resident of the USA), you will be entitled to the additional rights prescribed by the privacy laws of the USA. For further details, please refer to Appendix 3 of this Policy.

• 20.1. We currently offer a referral program, whereby Referrers can refer potential users who are interested in becoming Creators for the Platform, and the Referrer will receive a portion of Fans Payment as Referral Reward. For details of the Referral Program, please refer to the Terms.

  20.2. Any Personal Data associated with the Referrer or Referred Creator is processed in accordance with this Policy.

• 21.1. If you have any questions about this Policy or how we use your Personal Data, or if you would like to make a request to access or update your Personal Data registered with your Account or otherwise on record with us (or any other request relating to your personal data), please contact us at info@Wink.app or through our Communication Portal.

• 22.1. We take your privacy queries and reports seriously and are committed to resolving any complaints and reports that may arise about our collection or use of your Personal Data. For details, please refer to our compliant policy in the Terms. If you believe your privacy rights have been infringed, we encourage you to contact us through our Communication Portal.