Privacy Policy
Effective Date: Feb 01, 2025. This Privacy Policy governs the online information collection practices of DAN VIVE ENTERPRISES INC. D/B/A Winly, referred to as "we", "us", or "our". It explains what information we collect when you use the Winly website and service, and how that information may be used.
This policy applies to online activity on the Site and Service. It does not apply to information you provide offline or through other means, such as live events, phone calls, or postal mail.
By visiting or using the Site, you agree that your use of the Site and any privacy dispute is governed by this Privacy Policy. We may update this Privacy Policy from time to time by posting changes on this page and updating the effective date.
How We Collect and Use Information
We may collect personal information that you voluntarily provide, including your name, email address, phone number, billing information, account details, form submissions, purchase information, and messages sent to us.
We may also collect information automatically as you use the Site or Service, including device information, browser type, IP address, referring pages, usage behavior, traffic patterns, cookies, and similar tracking technologies.
We may use information to:
- Provide, operate, and improve the Site and Service.
- Customize features and user experience.
- Process registrations, purchases, subscriptions, and support requests.
- Send confirmations, product updates, marketing messages, and other offers.
- Measure performance, usage, and conversion activity.
- Work with service providers, contractors, advertising partners, and analytics providers.
- Protect our users, business, rights, property, and the public.
If you voluntarily make information available in public or shared areas such as comments, message boards, chats, or communities, that information may be viewed and used by others. We are not responsible for unauthorized third-party use of information you make publicly available.
Third-Party Advertisers, External Links, Analytics, and Advertising
The Site and Service may contain links to third-party websites, products, or services. Third-party sites and services are governed by their own terms and privacy policies. We do not control their policies or practices.
We may use analytics and advertising technologies, including Google Analytics advertising features, remarketing, display network reporting, demographics reporting, interest reporting, and similar measurement tools. These technologies may use first-party and third-party cookies to help us measure traffic, improve the website experience, and send relevant advertising.
You can manage Google's use of cookies through Google Ad Settings or related advertising opt-out tools.
As advertisers on Facebook and Meta platforms, we may collect and use information in accordance with applicable platform policies and data-use restrictions. If you have concerns about Facebook or Meta's data practices, review their privacy policy directly.
Privacy Rights and Compliance
GDPR
If you are located in the European Union or another jurisdiction with similar privacy rights, you may have the right to access, correct, delete, restrict, object to, or request portability of your personal data, subject to applicable law.
CCPA
If you are a California resident, you may have rights to request disclosure of personal information collected, request deletion, and opt out of certain sales or sharing of personal information, subject to applicable law.
CASL
We aim to comply with Canada's Anti-Spam Legislation. Marketing emails should be sent only where consent exists, should include an unsubscribe link, and should honor opt-out requests.
Children's Privacy
The Site and Service are not intended for children under 13, and we do not knowingly collect personal information from children under 13. If we discover that a child has provided personal information, we will take steps to delete it.
Storage and Unsubscribing
Information may be stored on our systems and with authorized service providers. You may unsubscribe from marketing emails by clicking the unsubscribe link in those messages.
Terms and Conditions
Last updated: February 12, 2025. Please read these Terms and Conditions carefully before using the Winly website, application, or service.
Definitions
- Application means the software program provided by the Company, named Winly.
- Company means DAN VIVE ENTERPRISES INC., 1800 - 1631 DICKSON AVENUE KELOWNA BC V1Y 0B5.
- Country refers to British Columbia, Canada.
- Service means the Application, Website, or both.
- Website refers to Winly.
- You means the person or entity accessing or using the Service.
Acknowledgment
These Terms govern your access to and use of the Service and form an agreement between you and the Company. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Subscriptions, Billing, Refunds, and Free Trials
Some parts of the Service may be available only with a paid subscription. Subscription billing may occur in advance on a recurring basis, depending on the plan selected. Unless canceled, subscriptions may renew under the same conditions at the end of each billing period.
You may cancel your subscription renewal through your account settings or by contacting the Company. Unless required by law, paid subscription fees are non-refundable. Certain refund requests may be considered case by case at the Company's sole discretion.
You agree to provide accurate and complete billing information. If automatic billing fails, the Company may issue an electronic invoice requiring manual payment.
The Company may modify subscription fees. Any change will become effective at the end of the current subscription period, and continued use after the change means you agree to pay the updated fee.
The Company may offer a free trial. If billing information is required for a free trial, you will not be charged until the trial expires unless the trial is canceled before that time. The Company may modify or cancel free trial terms at any time.
User Accounts and Third-Party Links
When you create an account, you must provide accurate, complete, and current information. Failure to do so may result in termination of your account.
You are responsible for safeguarding your password and for all activity under your account. You agree not to disclose your password to any third party and to notify us immediately of any unauthorized use or security breach.
You may not use a username that belongs to another person or entity, violates rights of another person or entity, or is offensive, vulgar, or obscene.
The Service may contain links to websites or services not owned or controlled by the Company. The Company is not responsible for the content, privacy policies, practices, or losses connected to third-party websites or services.
Termination, Limitation of Liability, and Disclaimer
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will stop immediately.
To the maximum extent permitted by applicable law, the Company's liability and your exclusive remedy will be limited to the amount you paid through the Service or 100 USD if you have not purchased anything through the Service.
To the maximum extent permitted by applicable law, the Company and its suppliers will not be liable for special, incidental, indirect, or consequential damages, including loss of profits, loss of data, business interruption, personal injury, loss of privacy, or damages connected to third-party software or hardware.
The Service is provided "AS IS" and "AS AVAILABLE" without warranty of any kind. The Company disclaims warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing, performance, usage, or trade practice.
The Company does not warrant that the Service will meet your requirements, achieve intended results, operate without interruption, be error free, or that defects will be corrected.
Governing Law, Disputes, and Changes
The laws of British Columbia, Canada, excluding conflicts of law rules, govern these Terms and your use of the Service. You may also be subject to local, state, national, or international laws.
If you have a concern or dispute about the Service, you agree to first try to resolve it informally by contacting the Company.
If any provision of these Terms is held invalid or unenforceable, it will be interpreted to accomplish its purpose to the greatest extent possible, and the remaining provisions will remain in effect.
We may modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice before the new terms take effect. Continued access or use after revisions become effective means you agree to the revised Terms.
Contact Us
For privacy requests, GDPR or CCPA questions, or questions about these Terms and Conditions, contact us by email at [email protected].