Last updated: April 12, 2024

This Privacy Policy describes how W.I.N. Energy (the “Site”, “we”, “us”, or “our”)
collects, uses, and discloses your personal information when you visit, use our services,
or make a purchase from w-i-n.co (the “Site”) or otherwise communicate with us
regarding the Site (collectively, the “Services”). For purposes of this Privacy Policy,
“you” and “your” means you as the user of the Services, whether you are a customer,
website visitor, or another individual whose information we have collected pursuant to
this Privacy Policy.

Please read this Privacy Policy carefully. By using and accessing any of the Services,
you agree to the collection, use, and disclosure of your information as described in this
Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access
any of the Services.

Changes to This Privacy Policy
We may update this Privacy Policy from time to time, including to reflect changes to our
practices or for other operational, legal, or regulatory reasons. We will post the revised
Privacy Policy on the Site, update the “Last updated” date and take any other steps
required by applicable law.

 

How We Collect and Use Your
Personal Information
To provide the Services, we collect and have collected over the past 12 months
personal information about you from a variety of sources, as set out below. The
information that we collect and use varies depending on how you interact with us.

In addition to the specific uses set out below, we may use information we collect about
you to communicate with you, provide or improve or improve the Services, comply with
any applicable legal obligations, enforce any applicable terms of service, and to protect
or defend the Services, our rights, and the rights of our users or others.

 

What Personal Information We Collect
The types of personal information we obtain about you depends on how you interact
with our Site and use our Services. When we use the term “personal information”, we
are referring to information that identifies, relates to, describes or can be associated
with you. The following sections describe the categories and specific types of personal
information we collect.

Information We Collect Directly from You
Information that you directly submit to us through our Services may include:

● Contact details including your name, address, phone number, and email.
● Order information including your name, billing address, shipping address,
payment confirmation, email address, and phone number.
● Account information including your username, password, security questions and
other information used for account security purposes.
● Shopping information including the items you view, put in your cart, saved into
your account like loyalty points, reviews, referrals or gift cards, or purchases.● Loyalty points/product reviews/referrals/gift cards saved
● Customer support information including the information you choose to include in
communications with us, for example, when sending a message through the
Services.

Some features of the Services may require you to directly provide us with certain
information about yourself. You may elect not to provide this information, but doing so
may prevent you from using or accessing these features.

 

Information We Collect about Your Usage
We may also automatically collect certain information about your interaction with the
Services (“Usage Data”). To do this, we may use cookies, pixels and similar
technologies (“Cookies”). Usage Data may include information about how you access
and use our Site and your account, including device information, browser information,
information about your network connection, your IP address and other information
regarding your interaction with the Services.

SMS & Abandon Checkout Cookie Use
We value your privacy and the information you consent to share in relation to our SMS
marketing service. We use this information to send you text notifications (for your order,
including abandoned checkout reminders), text marketing offers, and transactional
texts, including requests for reviews from us. Opt-in data and consent for text
messaging will not be shared with any third parties except for messaging partners, for
the purpose of enabling and operating our text messaging program.

Opt-in data and consent for text messaging will not be shared with any third-parties
except for messaging partners, for the purpose of enabling and operating our text
messaging program.

Our website uses cookies to keep track of items you put into your shopping cart,
including when you have abandoned your checkout. This information is used to
determine when to send cart reminder messages via SMS.

 

Information We Obtain from Third Parties
Finally, we may obtain information about you from third parties, including from vendors
and service providers who may collect information on our behalf, such as:

● Companies who support our Site and Services, such as Shopify.
● Our payment processors, who collect payment information (e.g., bank account,
credit or debit card information, billing address) to process your payment in order
to fulfill your orders and provide you with products or services you have
requested, in order to perform our contract with you.
● When you visit our Site, open or click on emails we send you, or interact with our
Services or advertisements, we, or third parties we work with, may automatically
collect certain information using online tracking technologies such as pixels, web
beacons, software developer kits, third-party libraries, and cookies.

Any information we obtain from third parties will be treated in accordance with this
Privacy Policy. Also see the section below, Third Party Websites and Links.

How We Use Your Personal Information
● Providing Products and Services. We use your personal information to provide
you with the Services in order to perform our contract with you, including to
process your payments, fulfill your orders, to send notifications to you related to
your account, purchases, returns, exchanges or other transactions, to create,
maintain and otherwise manage your account, to arrange for shipping, facilitate
any returns and exchanges and other features and functionalities related to your
account. We may also enhance your shopping experience by enabling Shopify to
match your account with other Shopify services that you may choose to use. In
this case, Shopify will process your information as set forth in its Privacy Policy
and Consumer Privacy Policy.

● Marketing and Advertising. We may use your personal information for marketing
and promotional purposes, such as to send marketing, advertising and
promotional communications by email, text message or postal mail, and to show
you advertisements for products or services. This may include using your
personal information to better tailor the Services and advertising on our Site and
other websites.

● Security and Fraud Prevention. We use your personal information to detect,
investigate or take action regarding possible fraudulent, illegal or malicious
activity. If you choose to use the Services and register an account, you are
responsible for keeping your account credentials safe. We highly recommend
that you do not share your username, password, or other access details with
anyone else. If you believe your account has been compromised, please contact
us immediately.

● Communicating with You and Service Improvement. We use your personal
information to provide you with customer support and improve our Services. This
is in our legitimate interests in order to be responsive to you, to provide effective
services to you, and to maintain our business relationship with you.

 

Cookies
Like many websites, we use Cookies on our Site. For specific information about the
Cookies that we use related to powering our store with Shopify, see
https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site
and our Services (including to remember your actions and preferences), to run analytics
and better understand user interaction with the Services (in our legitimate interests to
administer, improve and optimize the Services). We may also permit third parties and
services providers to use Cookies on our Site to better tailor the services, products and
advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your
browser to remove or reject Cookies through your browser controls. Please keep in
mind that removing or blocking Cookies can negatively impact your user experience and
may cause some of the Services, including certain features and general functionality, to
work incorrectly or no longer be available. Additionally, blocking Cookies may not
completely prevent how we share information with third parties such as our advertising
partners.

Please note that while your browser may allow you to transmit a “do not track” signal,
like many websites, our Site is not designed to respond to such signals. To learn more
about “do not track” signals, you can visit http://www.allaboutdnt.com/.

 

How We Disclose Personal
Information
In certain circumstances, we may disclose your personal information to third parties for
contract fulfillment purposes, legitimate purposes and other reasons subject to this
Privacy Policy. Such circumstances may include:

● With vendors or other third parties who perform services on our behalf (e.g., IT
management, payment processing, data analytics, customer support, cloud
storage, fulfillment and shipping).

● With business and marketing partners to provide services and advertise to you.
Our business and marketing partners will use your information in accordance
with their own privacy notices.

● When you direct, request us or otherwise consent to our disclosure of certain
information to third parties, such as to ship you products or through your use of
social media widgets or login integrations, with your consent.

● With our affiliates or otherwise within our corporate group, in our legitimate
interests to run a successful business.

● In connection with a business transaction such as a merger or bankruptcy, to
comply with any applicable legal obligations (including to respond to subpoenas,
search warrants and similar requests), to enforce any applicable terms of service,
and to protect or defend the Services, our rights, and the rights of our users or
others.

We have in the past 12 months disclosed the following categories of personal
information and sensitive personal information about users for the purposes set out
above in “How we Collect and Use your Personal Information” and “How we Disclose
Personal Information”.

 

Category

● Identifiers such as basic contact details and certain order and account information.

● Personal information categories listed in the California Customer Records statute such as basic contact details and certain order and account information

● Commercial information such as order information, shopping information and customer support information.

● Internet or other similar network activity, such as Usage Data.

● Geolocation data such as locations determined by an IP address or other technical measures.

 

Categories of Recipients

● Vendors and third parties who perform services on our behalf (such as Internet service
providers, payment processors, fulfillment partners, customer support partners and data analytics providers).

● Business and marketing partners.

● Affiliates

 

We do not use or disclose sensitive personal information without your consent or for the
purposes of inferring characteristics about you.

 

SMS Privacy Policy
By consenting to W.I.N. Energy’s SMS marketing in the checkout and initializing a
purchase or subscribing via our subscription tools, you agree to receive recurring text
notifications (for your order, including abandoned checkout reminders), text marketing
offers, and transactional texts, including requests for reviews from us, even if your
mobile number is registered on any state or federal do-not-call list. Message frequency
varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications,
reply with STOP to any mobile message sent from us or use the unsubscribe link we
provided you within any of our messages. You understand and agree that alternative
methods of opting out, such as using alternative words or requests, will not be
considered a reasonable means of opting out. We do not charge for the service, but you
are responsible for all charges and fees associated with text messaging imposed by
your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from.
You can also contact us at sales@w-i-n.co for more information.

We have the right to modify any telephone number or short code we use to operate the
service at any time. You will be notified on such occasions. You agree that any
messages you send to a telephone number or short code we have changed, including
any STOP or HELP requests, may not be received, and we will not be liable for
honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed,
delayed, or misdirected delivery of any information sent through the service, any errors
in such information, and/or any action you may or may not take in reliance on the
information or Service.

Your right to privacy is important to us. You can see our Privacy Policy at
https://w-i-n.co/privacy-policy to determine how we collect and use your personal
information.

Arbitration and Class Action Waiver
Agreement:
Arbitration:
By using or purchasing W.I.N. Energy products or services, you agree that any
controversy, claim, action, or dispute between you and W.I.N. Energy arising out of or
relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of W.I.N.
Energy’s website or the services or the materials; or (c) any alleged violation of any
federal or state or local law, statute or ordinance (each such controversy or claim, a
“Claim”), shall be resolved exclusively through binding individual arbitration
administered by the American Arbitration Association in accordance with its applicable
rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes
and potential disputes to a neutral third person (called an arbitrator) for a binding
decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or
jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all
findings of fact and law upon which the award was made. The arbitrator shall not have
the power to commit errors of law, and the arbitrator’s award may be vacated or
corrected through judicial review by a court of competent jurisdiction. Each party’s
attorneys’ fees, expert costs, and other costs and expenses incurred in connection with
arbitration will be borne by the party incurring such costs and expenses.

 

Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in New Castle
County, Delaware, USA, but the parties may choose whether to appear in person, by
phone, or through the submission of documents. The arbitration shall be governed by
the Federal Arbitration Act (“FAA”) and by the internal laws of Delaware, without regard
to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively
by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply,
Delaware law governing arbitration agreements will apply. All disputes with respect to
whether the foregoing mutual arbitration provisions are unenforceable, unconscionable,
applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and
not by any court.

Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a
Claim in court and not by arbitration if you opt-out of these arbitration procedures within
30 days from the date that you first purchase any of W.I.N. Energy s products or
services (the “Opt-Out Deadline”). You may opt-out by mailing a written notification to
W.I.N. Energy, 23 Williams Ave, Boston, MA 02136. Your written notification must
include (1) your name, (2) your address, and (3) a clear statement that you do not wish
to resolve disputes through arbitration. Your decision to opt-out will have no adverse
effect on your relationship with W.I.N. Energy. You are responsible for ensuring W.I.N.
Energy ’s receipt of your opt-out notice, and you therefore may wish to send a notice by
means that provide a written receipt. Any opt-out request received after the Opt-Out
Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:
You and W.I.N. Energy agree that you may bring or participate in Claims against W.I.N.
Energy only in your respective individual capacity, and not as a plaintiff or class member
in any purported class, consolidated, or representative proceeding. Unless both you
and W.I.N. Energy agree otherwise in writing, the arbitrator may not consolidate or join
the claims of other persons or parties who may be similarly situated and may not
otherwise preside over any form of a representative or class proceeding.
Notwithstanding any other clause contained in this Agreement, any Claim that all or part
of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be
determined only by a court of competent jurisdiction and not by an arbitrator.

User Generated Content
The Services may enable you to post product reviews and other user-generated
content. If you choose to submit user generated content to any public area of the
Services, this content will be public and accessible by anyone.

We do not control who will have access to the information that you choose to make
available to others, and cannot ensure that parties who have access to such information
will respect your privacy or keep it secure. We are not responsible for the privacy or
security of any information that you make publicly available, or for the accuracy, use or
misuse of any information that you disclose or receive from third parties.

Third Party Websites and Links
Our Site may provide links to websites or other online platforms operated by third
parties. If you follow links to sites not affiliated or controlled by us, you should review
their privacy and security policies and other terms and conditions. We do not guarantee
and are not responsible for the privacy or security of such sites, including the accuracy,
completeness, or reliability of information found on these sites. Information you provide
on public or semi-public venues, including information you share on third-party social
networking platforms may also be viewable by other users of the Services and/or users
of those third-party platforms without limitation as to its use by us or by a third party. Our
inclusion of such links does not, by itself, imply any endorsement of the content on such
platforms or of their owners or operators, except as disclosed on the Services.

 

Children’s Data
The Services are not intended to be used by children, and we do not knowingly collect
any personal information about children. If you are the parent or guardian of a child who
has provided us with their personal information, you may contact us using the contact
details set out below to request that it be deleted.

As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we
“share” or “sell” (as those terms are defined in applicable law) personal information of
individuals under 16 years of age.

Security and Retention of Your
Information
Please be aware that no security measures are perfect or impenetrable, and we cannot
guarantee “perfect security.” In addition, any information you send to us may not be
secure while in transit. We recommend that you do not use insecure channels to
communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as
whether we need the information to maintain your account, to provide the Services,
comply with legal obligations, resolve disputes or enforce other applicable contracts and
policies.

Your Rights
Depending on where you live, you may have some or all of the rights listed below in
relation to your personal information. However, these rights are not absolute, may apply
only in certain circumstances and, in certain cases, we may decline your request as
permitted by law.

● Right to Access / Know: You may have a right to request access to personal
information that we hold about you, including details relating to the ways in which
we use and share your information.

● Right to Delete: You may have a right to request that we delete personal
information we maintain about you.

● Right to Correct: You may have a right to request that we correct inaccurate
personal information we maintain about you.

● Right of Portability: You may have a right to receive a copy of the personal
information we hold about you and to request that we transfer it to a third party, in
certain circumstances and with certain exceptions.

● Restriction of Processing: You may have the right to ask us to stop or restrict our
processing of personal information.

● Withdrawal of Consent: Where we rely on consent to process your personal
information, you may have the right to withdraw this consent.

● Appeal: You may have a right to appeal our decision if we decline to process your
request. You can do so by replying directly to our denial.

● Managing Communication Preferences: We may send you promotional emails,
and you may opt out of receiving these at any time by using the unsubscribe
option displayed in our emails to you. If you opt out, we may still send you
non-promotional emails, such as those about your account or orders that you
have made.

You may exercise any of these rights where indicated on our Site or by contacting us
using the contact details provided below.

We will not discriminate against you for exercising any of these rights. We may need to
collect information from you to verify your identity, such as your email address or
account information, before providing a substantive response to the request. In
accordance with applicable laws, you may designate an authorized agent to make
requests on your behalf to exercise your rights. Before accepting such a request from
an agent, we will require that the agent provide proof you have authorized them to act
on your behalf, and we may need you to verify your identity directly with us. We will
respond to your request in a timely manner as required under applicable law.

Complaints
If you have complaints about how we process your personal information, please contact
us using the contact details provided below. If you are not satisfied with our response to
your complaint, depending on where you live you may have the right to appeal our
decision by contacting us using the contact details set out below, or lodge your
complaint with your local data protection authority.

International Users
Please note that we may transfer, store and process your personal information outside
the country you live in. Your personal information is also processed by staff and third
party service providers and partners in these countries.

If we transfer your personal information out of Europe, we will rely on recognized
transfer mechanisms like the European Commission’s Standard Contractual Clauses, or
any equivalent contracts issued by the relevant competent authority of the UK, as
relevant, unless the data transfer is to a country that has been determined to provide an
adequate level of protection.

Contact
Should you have any questions about our privacy practices or this Privacy Policy, or if
you would like to exercise any of the rights available to you, please call or email us at
sales@w-i-n.co or contact us at 23 Williams Ave, Boston, MA, 02136, US.