Creators Privacy Undertaking (Appendix 1)

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

Wink requires the Creators to observe and comply with the terms of the Creators Privacy Undertaking herein (this “Undertaking”) to ensure that the privacy rights of the Fans when processing the Wink Data are respected and protected.

Upon the successful verification of the Creator’s  account on Wink, this Undertaking is deemed to take effect and the Creators are bound by the terms of this Undertaking, for as long as the Membership Services are provided to Fans. Unless otherwise defined below, the capitalised terms used herein has the same meaning as those ascribed in the Terms of Use for all Users (the “Terms”).

The Creators, by signing the Terms, hereby undertakes and acknowledges that:

1.  Subject Matter

    The subject matter of the data processing is the Wink Data.

2.  Duration

   The duration of the processing is for as long as Creator can access the Wink Data and maintains an account with Wink.

3.  Nature and Purpose of Data Processing

    The nature and purpose of the data processing is limited to the Creator’s fulfilment and provision of Membership Services for Fans.

4.  Process of Wink Data 

   The Creator shall only process the Wink Data in accordance with the Terms, Privacy Policy and this Undertaking and only in compliance with Data Protection Legislation. The nature and purpose of the data processing shall be limited to the purpose of carrying out the Services, and not for Creator’s own purposes and motives, or for any other purpose except as required by law. If Creator is required by law to process the Personal Data for any other purpose, Creator will promptly inform Wink of such purpose unless prohibited by law from doing so.

    For the purpose of this section, “Data Protection Legislation” means all applicable laws relating to privacy and the processing of personal data that may exist in any relevant jurisdiction operated by us, including, where applicable, the guidance, the directives, codes of practice issued by the supervisory authorities in the relevant jurisdictions, including, but is not limited to, the Personal Data (Privacy) Ordinance (Cap. 486) under the laws of Hong Kong, guidance notes published by the Privacy Commissioner for Personal Data, Hong Kong, [European Directives 95/46/EC] and [2002/58/EC] (as amended by Directive 2009/136/EC) and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them, including the General Data Protection Regulation (Regulation (EU) 2016/279). 

   For the purpose of this section, “data processing” shall have the meaning as construed in the Data Protection Legislation. 

5. Appropriate Measures in place 

   Creators will implement and maintain appropriate technical and organisational measures (the “Measures”) designed to protect the Wink Data against unauthorized or unlawful processing and accidental loss, destruction, damage, theft, alteration or disclosure. The Measures shall take into account of the nature of the Wink Data which is to be protected and should observe the relevant laws and regulations imposed by the Data Protection Legislation. 

6. Restriction of Transfer

   The Creators will not transfer any Personal Data to any third party (including any affiliates, group companies or subcontractors) without the prior consent of Wink. The Creators must also ensure the prudence and competence of the Persons through Delegation who may have access to the Wink Data in the provision of Services, and must take reasonable steps to ensure the reliability and competence of any Persons who have access to the Wink Data. Creators shall also ensure that all the Persons that could access the Wink Data are informed of the confidential nature of the Wink Data and comply with the obligations set out in this Undertaking. 

7. Compliance with Data Protection Legislations 

   Creators will take all reasonable steps to assist Wink complying with applicable Data Protection Legislation. For example, Creators will promptly inform Wink in writing through the Communication Portal if it receives: (i) a request from a data subject concerning any Personal Data; or (ii) a complaint, communication, or request relating to Wink’s obligations under Data Protection Legislation.

8. Destruction or return of Wink Data upon completion of membership services 

   Subject to the Privacy Policy and any applicable policies of Wink, Creator will not retain any of the Wink Data for longer than is necessary to provide Membership Services. At the end of Membership Services, or upon Wink’s request, Creators will destroy or return the Wink Data to Fans.

9. Disrupted Data

   If Creators becomes aware of any accidental, unauthorized or unlawful destruction, loss, alteration, or disclosure of, or access to Wink Data (the “Disrupted Data”) processed by Creator in the course of providing the Services, it will:

   1. Provide notice to Wink. Creators shall promptly and without delay notify Wink and provide Wink with: (a) a detailed description of the Disrupted Data; (b) the identity of each affected person if known, and the steps the Creator has taken or will take in order to mitigate and rectify such security breach of the Disrupted Data (the “Breach”). 
   2. Investigate the matter promptly. Creators shall promptly take action, at its own expense, to investigate the Breach of such Disrupted Data and to identify, prevent and mitigate the effect of the Breach of such Disrupted Data and to carry out appropriate remedial actions to rectify and mitigate such Breach.