General Terms & Conditions of Use
The use of this mobile application and related services imply the acceptance by Users of all the General Conditions of Use as detailed below.
PLEASE, READ THESE GENERAL CONDITIONS OF USE CAREFULLY, SINCE BY ACCEPTING THEM, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL THE GENERAL CONDITIONS OF USE AND THEREFORE ASSUME THE SAME IN THEIR ENTIRETY.
The Winstats application (hereinafter the “Mobile App”) is property of WIN NEWCO HOLDINGS US LLC ( hereinafter WIN SYSTEMS), with registered office at1209 Orange St., Wilmington, County of New Castle, Delaware, 19801 and registration no. 4383846.
GENERAL CONDITIONS OF USE
The General Conditions of Use regulate the information and the provision of services provided by WIN SYSTEMS to the Users of the Mobile Both the download of the Mobile App and the use of any services imply the acceptance by Users of each and every one of these General Conditions of Use.
WIN SYSTEMS may modify these General Conditions of Use at any time and without previous notice, so that Users must periodically review the changes in the General Conditions of Use. If Users continue to use the Mobile App, it implies the acceptance and assumption thereof.
For the purposes of the Spanish Personal Data Protection Act (15/1999) WIN SYSTEMS informs the Users of the existence of a personal data file created with the data obtained through the Mobile The purpose of the file is to provide information and to carry out promotional and advertising activities by any means, including emails, text messages and/or images through any electronic system including SMS, UTMS, etc.
The personal data file is registered in the Register of the Spanish Data Protection Agency.
Users expressly accept and give consent to the inclusion of the data provided during the use of the Mobile App, or provided by completing any form, in the personal data file referred to above and for said purposes. During the process of collecting data, Users will be informed, by including the appropriate mention in the form itself, whether or not the data requested is mandatory.
Users may exercise the rights of access, rectification, cancellation and opposition of data, as recognized in the Spanish Personal Data Protection Act, by a written request mailed to the following address:
WIN NEWCO HOLDINGS US LLC
85 St. John Street, Valletta, VLT1165, Malta
Or to the following e-mail address: CustomerCare@winsysgroup.com
WIN SYSTEMS is committed to respect the confidentiality of the data included in the file and to use them exclusively in accordance with the purpose of the same, as well as to fulfill its obligation to save them and take all necessary measures to avoid alteration, loss, treatment or unauthorized access, in accordance with Regulation 1720/2007.
WIN SYSTEMS only collects data strictly necessary to offer the services related to the Mobile App and only in the terms contained in this General Conditions of Use.
By introducing personal data in the electronic form provided with the Mobile App, Users expressly give consent to WIN SYSTEMS for processing their data in order to access the information and services provided by WIN SYSTEMS.
WIN SYSTEMS is committed to comply with GDPR regulation.
Users expressly declare that all data provided during the registration process are true and correct, and agree to communicate to WIN SYSTEMS any change occurred.
In the event that third parties data are provided during the registration process and/or the use of the Mobile App, WIN SYSTEMS will not be responsible for compliance with the principles of information and consent, so Users shall previously inform and obtain the consent of the owner of the same.
All contents included in the Mobile App, such as designs, texts, graphics, logos, software, trade names, trademarks, drawings and any other signs susceptible of commercial use, are subject to WIN SYSTEMS intellectual property rights.
Under no circumstances may it be understood that any license or any right are granted, and in particular alteration, exploitation, reproduction, distribution or public communication of said contents, without the prior written authorization of WIN SYSTEMS or the corresponding owners.
WIN SYSTEMS will only be liable for damages that Users may suffer as a result of the use of the Mobile App when such damages are attributable exclusively to a malicious action of WIN SYSTEMS.
WIN SYSTEMS shall not be liable for any damages that may arise from inferences, omissions, interruptions, viruses, breakdowns and/or disconnections in the operation of the electronic system or in the equipment of Users, motivated by causes beyond WIN SYSTEMS control that prevent or delay the provision of services.
WIN SYSTEMS cannot control the use Users make of the Mobile Therefore, WIN SYSTEMS does not guarantee under any circumstance that Users use the Mobile App in accordance with the law, these General Conditions of Use, or that they do so diligently.
WIN SYSTEMS reserves the right to modify or discontinue, totally or partially, the Mobile App functioning without prior notice to WIN SYSTEMS is not responsible to Users or third parties for such modification or suspension.
WIN SYSTEMS does not guarantee that the Mobile App functions will be uninterrupted and/or error-free. Users shall implement procedures appropriate to satisfy their particular security requirements for their own equipment.
Users undertake to comply with the General Conditions of Use and to always act in accordance with the law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service, refraining from using the Mobile App in any way which may prevent, damage or impair the normal operation of the same, the rights of WIN SYSTEMS, its suppliers, the rest of Users and in general of any third party.
More precisely, Users are obliged to: (i) In the case of registration, to provide truthfully the data provided and to keep them updated; (ii) Not to introduce, store or disseminate in or from the Mobile App any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence, discrimination based on race, sex, ideology, religion or which in any way violates morality, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and in general the current legislation; (iii) Not to introduce, store or impart through the Mobile App any computer program, data, viruses, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is liable to cause damage to the Mobile App in any equipment, systems or networks of WIN SYSTEMS, other Users, any third party; (V) Not carry out advertising, promotional or commercial activities through the Mobile App, using the contents and in particular the information obtained through the Mobile App to send advertising or messages for direct sale or any other commercial purpose; (Vi) Do not use false identities, nor impersonate others in the use of the Mobile App; (Vii) Do not destroy, alter, use or damage the data, information, programs or electronic documents of WIN SYSTEMS, its suppliers or third parties; (Viii) Do not introduce, store or disseminate through the Mobile App any content that infringes intellectual property rights or business secrets of third parties, nor in general any content of which would not have, in accordance with the law, the right to make it available to third parties.
In order to use of the Mobile App, minors must have previously obtained the authorization of their parents, guardians or legal representatives, who will be responsible for all acts carried out through the Mobile App by the minors in their charge. In those services where it is expressly stated, access will be restricted only to those over 18 years of age.
These General Conditions of use shall be governed by and construed in accordance with the laws of Malta. The Courts of Malta shall have exclusive jurisdiction to resolve any dispute arising under these General Conditions of Use.