“Content” shall mean text, graphics, images, music, software, audio, video, information, or other materials, including but not limited to profile information, Freelance Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Site.
“Customer Member” shall mean a Member who is registered to receive quotes for Freelance Services, request quotes for Freelance Services, or otherwise uses the Site to receive, pay for, review, or facilitate the receipt of Freelance Services.
“Member” shall mean a person or entity who completes Wimza’s account registration process, a person or entity who submits or receives a request through Wimza, including but not limited to Task Members and Customer Members.
“Site” shall mean all Wimza websites, mobile or other applications, software, processes, and any other services provided by or through Wimza.
“Freelance Services” shall mean the services listed, quoted, scheduled, offered, or provided by Task Members, or sought, scheduled or received by Customer Members, through the Site.
“Task Member” shall mean a Member who is registered to send quotes for Freelance Services, sends quotes for Freelance Services, or otherwise uses the Site to offer, provide, receive payment for, or facilitate the provisions of Freelance Services.
“Wimza Content” means all Content Wimza makes available on or through the Site, including any Content licensed from a third party, but excluding User Content.
“User Content” means all Content submitted, posted, uploaded, published, or transmitted on or through the Site by any Member or other user of the Site, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Site, but excluding Wimza Content and Feedback.
INFORMATION WE COLLECT
How we collect and store information depends on how you access and use the Site. We collect information in multiple ways including when you provide information directly to us, when you permit third parties to provide information to us, and when we passively collect information from you, such as information collected from your browser or device.
Information You Provide Directly to Us
· We may collect information from you during your use or access of the Site, such as:
· When you register for an Account;
· When you participate in polls or surveys;
· When you request a quote or other information;
· When you submit or respond to a quote;
· When you make a purchase;
· When you fill out any forms;
· When you transmit User Content; or
· When you otherwise communicate with us or other users through the Site.
The information you provide directly to us may concern you or others and may include, but is not limited to: (a) name; (b) zip code; (C) email address; (d) home or business telephone number; (e) home, business or mailing address; (f) linkedin profile; (g) demographic information (e.g., gender, age, political preference, education, race, or ethnic origin, and other information relevant under the about me option in creating a profile); (h) photographs; (i) information about your project, home, request or need; (j) video or audio files; and/or (k) any other content you include in communications with other users through the Site or communications with us. It may also include information specific to services you are requesting or offering through the Site, such as a business name, service description, qualifications, and credentials. You are not required to provide us with such information, but certain features of the Site may not be accessible or available, absent the provision of the requested information.
Information That is Passively or Automatically Collected
We may also use local shared objects (also known as "Flash cookies") to assist in delivering special content, such as video clips or animation. Flash cookies are stored on your device, but they are not managed through your web browser. To learn more about how to manage Flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of the Site, because it may not function properly. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser may not affect flash cookies. As we adopt additional technologies, we may also gather additional information through other methods.
HOW WIMZA USES THE INFORMATION WE COLLECT
- For the purposes for which you provided it;
- To enable you to use the services available through the Site, including registering you for our services and verifying your identity and authority to use our services;
- For customer support and to respond to your inquiries;
- For internal record-keeping purposes;
- To track fees and process billing and payment including sharing with third-party payment gateways and payment service providers in connection with the Site;
- To improve and maintain the Site and for product development;
- To address fraud or safety concerns, or to investigate complaints or suspected fraud or wrongdoing;
- To periodically send promotional emails regarding new products from Wimza, special offers from Wimza, or other information that may interest you;
- For Wimza’s market research purposes, including, but not limited to, the customization of the Site according to your interests;
- To contact you about goods and services that may interest you or with information about your use of the Site;
- For other research and analytical purposes; and
- To resolve disputes, to protect ourselves and other users of the Site, and to enforce any legal terms that govern your use of the Site.
We may display information related to your business, including your name or your business’s name, publicly on your profile, except to the extent we tell you we will not display such information. If the information you provide us upon signing up for an account differs from the information you provide us as part of the verification data we collect, we have sole discretion in determining which information will be displayed publicly on your profile. We may combine information that we collect from you through the Site with information that we obtain from affiliated and nonaffiliated third parties, and information derived from any other products or services we provide. We may aggregate and/or de-identify information collected through the Site. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.
We may, either directly or through third parties we engage to provide services to us, review, scan, or analyze your communications with other users exchanged via the Site or as otherwise described in this Policy for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes. For example, as part of our fraud prevention efforts, we may scan and analyze messages to prevent fraud or improper actions. We may also scan, review or analyze messages for research and product development purposes, as well as to debug, improve and expand product offerings. By using the Site or engaging in off-Site communications tracked by Wimza, you consent that Wimza, in its sole discretion, may, either directly or through third parties we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.
WHEN WIMZA DISCLOSES YOUR INFORMATION
Unless otherwise described in this Policy, we may also share the information that we collect from you through the Site as follows:
· Affiliates. We may share your information with any Wimza affiliates.
· Service Providers. We may provide access to your information to select third parties who perform services on our behalf. These third parties provide a variety of services to us including without limitation billing, sales, marketing, advertising, market research, fulfillment, data storage, analysis and processing, identity verification, fraud and safety protection and legal services. As we retain new service providers, we generally seek contractual assurances from these service providers that they will not use your information in any manner other than to help us provide you with the services and products available from Wimza.
· Legal Requirements. We may disclose your information when required by law or when we believe in good faith that such disclosure is necessary to: (a) comply with subpoenas, court orders, or other legal process we receive; (b) establish or exercise our legal rights including enforcing and administering agreements with users; or (c) defend Wimza against legal claims. If we are required by law to disclose your information, we will use commercially reasonable efforts to notify you unless (1) we believe in our sole discretion that providing notice could create a risk of injury or death, or that harm or fraud could be directed to Wimza or users; or (2) we are precluded from providing notice by law. We will attempt to provide the notice by email if you have given us an email address. While you may challenge the disclosure request, please be advised we may still be legally required to turn over your information.
· Business Transfers. As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such contemplated or actual transactions or where there is any change of control of Wimza, user information may be among the shared and/or transferred assets.
· Academics and Research. We may provide information about users to third parties for academic and research purposes, in anonymized or aggregated form.
Please be advised that some information you provide and/or that we collect will be publicly accessible. Your name (full name, or in some instances, your first name and last initial) may be visible to other users. Depending on the circumstances, your name may be attached to your Content or information, such as scheduling of Freelance Services, service requests, reviews, participating in discussions or forums, messaging, and profile information. Certain other people, including other users with whom you have interacted via the Site, will see information about you that is attached to your name. For example (but without limitation), if you are a Customer Member seeking Freelance Services, the description you provide of your desired services, along with your name, will be shown to some Customer Members registered in the relevant category along with your name. Thus, other users may be able to personally identify you based on Content you provide. Similarly, the information we collect, including but not limited to when you last accessed the Site, may be shared with other Members with whom you are interacting or otherwise made public.
We invite you to post Content on or through our Site, including, but not limited to, your comments, pictures, Task Member profile, and any other information. However, please be careful and responsible whenever you are online. If you choose to post User Content on or through the Site, such as through Member-to-Member messaging or through our review boards, forums, blogs, or other postings, that information: (a) may be or may become publicly available; (b) may be collected and used by third parties with or without our knowledge; and (c) may be used in a manner that may violate this Policy, the law, or your personal privacy.
ONLINE ANALYTICS AND TAILORED ADVERTISING
We may use third-party web analytics services on the Site, such as those of Google Analytics. These service providers use the sort of technology described in the Information That Is Passively or Automatically Collected section above to help us analyze how users use the Site, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Site. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.
If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative's Consumer Opt-Out Link and/or the Digital Advertising Alliance's Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page page. Please note that to the extent advertising technology is integrated into the Site, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites, accessible by the above links.
When using a mobile application, you may also receive tailored in-application advertising content. Each operating system-iOS for Apple devices, Android for Android devices, and Windows for Microsoft devices-provides its own instructions on how to prevent the delivery of tailored in-application marketing content. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of tailored in-application advertising. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact the applicable Site operator.
PRIVACY OF MINORS
Neither the Site nor the Services are intended for children under 13 years of age, and no one under age 13 may provide any personal information to, on or through the Site or Services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information to, on or through the Site or Services, make any purchases through the Site or Services, use any of the interactive or public comment features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. We will close the account and delete the personal information to the extent required by the Children's Online Privacy Protection Act. We may, where permitted by law, retain certain information internally for purposes described in this Policy. If you believe we might have any information from or about a child under 13, please contact us at the email address provided in the paragraph above.
RIGHTS TO YOUR INFORMATION
You have the right to access and edit your information at any time through the web interface provided as part of the Services. On written request and subject to proof of identity, you may access the personal information that we hold, used or communicated and ask that any necessary corrections be made, where applicable, as authorized or required by law. However, to make sure that the personal information we maintain about you is accurate and up to date, please inform us immediately of any change in your personal information by mail or e-mail.
Under the GDPR, you may be entitled to additional rights, including: (i) the right to withdraw consent to processing where consent is the basis of processing; (ii) the right to access your personal information and certain other supplementary information, under certain conditions; (iii) the right to object to unlawful data processing, under certain conditions; (iv) the right to erasure of personal information about you, under certain conditions; (v) the right to demand that we restrict processing of your personal information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, are processing, or believe your personal information is inaccurate; (vi) the right to data portability of personal information concerning you that you provided us in a structured, commonly used, and machine-readable format, under certain conditions; (vii) the right object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you, under certain conditions; (viii) the right to lodge a complaint with data protection authorities. If you want to learn more about your rights under the GDPR, you can visit the European Commission’s page on Data Protection.
We employ physical, procedural, and technological security measures to help protect your personal information from unauthorized access or disclosure. Wimza may use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. No security measures, however, are 100% failsafe. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or communications will not be collected, disclosed and/or used by others. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. Wimza is not responsible for the unauthorized use of your information nor for any lost, stolen, or compromised passwords, or for any activity on your Account via unauthorized password activity.
LINKS TO EXTERNAL SITES
The Site may contain links to other websites or resources over which Wimza does not have any control. Such links do not constitute an endorsement by Wimza of those external websites. You acknowledge that Wimza is providing these links to you only as a convenience, and further agree that Wimza is not responsible for the content of such external websites or the protection and privacy of information you provide while visiting such external websites.
UPDATING, DELETING, AND CORRECTING YOUR INFORMATION
We may send periodic emails to you. You may opt out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your Account or any services you have requested or received from us.
We may monitor and record our telephone conversations with you for training and quality assurance purposes. You will be provided with a notice at the beginning of any call that is being recorded.
CHANGES TO THIS POLICY
THIS POLICY IS CURRENT AS OF THE EFFECTIVE DATE SET FORTH ABOVE. WIMZA MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THIS POLICY AT ANY TIME. WIMZA WILL POST ITS UPDATED POLICY ON THE SITE, SEND YOU A MESSAGE OR OTHERWISE NOTIFY YOU WHEN YOU ARE LOGGED INTO YOUR ACCOUNT. WIMZA ENCOURAGES YOU TO REVIEW THIS POLICY REGULARLY FOR ANY CHANGES. YOUR CONTINUED ACCESS TO OR USE OF THE SITE WILL BE SUBJECT TO THE TERMS OF THE THEN-CURRENT POLICY.
CONSENT TO TRANSFER
Our computer systems are currently based in the United States and Canada, so your personal data will be processed by us in the United States and Canada, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. If you create an Account with the Site as a visitor from outside the United States, by using the Site, you agree to this Policy and you consent to the transfer of all such information to the United States and Canada, which may not offer a level of protection equivalent to that required in the European Union or certain other countries, and to the processing of that information as described in this Policy.
You may have the right to receive information about the financial incentives that we offer to you, if any. You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights referenced herein. Certain information may be exempt from such requests under applicable law. In addition, we need certain types of information so that we can provide our services to you. If you ask us to delete it, you may no longer be able to access or use our services.
If you would like to exercise any of these rights, please submit a request at firstname.lastname@example.org. You will be required to verify your identity before we are able to fulfill your request, for instance by logging into the Site. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.
Wimza is committed to providing you with meaningful choices about the information collected on our Site for third party purposes. That is why we have provided links (above) to the NAI "Consumer Opt-Out" link, the DAA opt-out link, and a Google opt-out link. However, Wimza does not currently recognize or respond to browser-initiated Do-Not-Track signals, as the Internet industry is currently still working on Do-Not-Track standards, implementations, and solutions.