Effective date: 01/23/2022
COLLECTION OF INFORMATION
Information You Provide to Us
We collect information you provide directly to us. For example, you share information directly with us when you create an account, fill out a form, make a purchase, communicate with us via third-party platforms, participate in a contest or promotion, request customer support, or otherwise communicate with us. The types of personal information we may collect include your name and email address, and any other information you choose to provide.
- Third Party Payment Processors: Additionally, if you make a purchase, we work with third-party payment processors to collect and process your payment information.
- Credit Card Information: If you choose to make a purchase via credit card, we may use Stripe to collect and process your payment information. Winter does not store or retain your payment card information.
- Automated Clearing House Network (“ACH”) Information: If you choose to make a purchase via ACH, we may use third-party payment processors such as Plaid, Dwolla, and Modern Treasury to collect and process your payment information. Winter does not collect, store, or retain your bank account information.
Information We Collect Automatically
When you access or use our Services or otherwise transact business with us, we automatically collect certain information, including:
- Activity Information: We collect information about your activity on our Services, such as the purchase, sale, or trade of non-fungible tokens (NFTs), or the artists, brands and other users you interact with through the Services.
- Transactional Information: When you purchase an NFT, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.
- Device and Usage Information: We collect information about how you access our Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, and browser type. We also collect information about your activity on our Services, such as access times, pages viewed, links clicked, and the page you visited before navigating to our Services.
- Location Information: In accordance with your device permissions, we may collect information about the precise location of your device. You may stop the collection of precise location information at any time (see the Your Choices section below for details).
- Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use tracking technologies, such as cookies and web beacons, to collect information about you. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, see and the Your Choices section below.
Information We Collect from Other Sources
We obtain information from third-party sources. For example, we may collect information from identity verification services, advertising networks, data analytics providers, and mailing list providers. Additionally, if you create or log into your Winter account through a third-party platform (such as Facebook or Google), we will have access to certain information from that platform, such as your email address, in accordance with the authorization procedures determined by such platform.
Information We Derive
We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your approximate location based on your IP address or infer that you are looking to purchase certain products based on your browsing behavior and past purchases.
USE OF INFORMATION
We use the information we collect to provide the Services, including to administer your account, facilitate your transaction, collection, and sale of NFTs, and to customize your experience with us. We also use the information we collect to:
- Provide, maintain, improve, and develop new products and services, including to debug and repair errors in our Services;
- Process transactions and send you related information, including confirmations, receipts, invoices, and customer experience surveys;
- Personalize and improve your experience on our Services;
- Send you technical notices, security alerts, support messages and other transactional or relationship messages;
- Respond to your comments and questions and provide customer service;
- Communicate with you about products, services, and events offered by Winter and others and provide news and information that we think will interest you (see the Your Choices section below for information about how to opt out of these communications at any time);
- Provide and administer our loyalty program;
- Monitor and analyze trends, usage, and activities in connection with our products and Services;
- Personalize the advertisements you see when you use our Services based on information provided by our advertising partners;
- Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
- Detect, investigate, and prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and protect the rights and property of Winter and others;
- Comply with our legal and financial obligations;
- Create de-identified, anonymized or aggregated information; and
- Carry out any other purpose described to you at the time the information was collected.
SHARING OF INFORMATION
We share your information in the following circumstances or as otherwise described in this policy:
- We share personal information with vendors, service providers, and consultants that need access to personal information in order to perform work for us, such as companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention, customer service, and marketing and advertising.
- If you post content in public areas of our Services, we share this information publicly/with other users of our Services.
- If you choose to use integrations we offer on our Services, such as sharing your location through our Google Maps integration, we may share certain information with the integration partners.
- We are an authorized reseller of NFTs from certain third parties which host our Services on their websites (“Brand Partners”). When you purchase a NFT via our Services on a website hosted by a Brand Partner, you interact with and provide your personal information to both the Brand Partner and us. We share personal information with that Brand Partner to manage our transactions with you. If you do not wish to provide your personal information to our Brand Partners or for your personal information to be shared with our Brand Partners, please do not use our Service to purchase a NFT.
- We may disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
- We may share personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Winter, our users, the public, or others.
- We share personal information with our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
- We may share personal information in connection with, or during negotiations concerning, any merger, sale of Winter assets, financing, or acquisition of all or a portion of our business by another Winter.
- Personal information may be shared between and among Winter and our current and future parents, affiliates, and subsidiaries and other companies under common control and ownership.
- We share personal information with your consent or at your direction.
- We also share aggregated or de-identified information that cannot reasonably be used to identify you.
COLLECTION BY BRAND PARTNERS; USE AND SHARING OF INFORMATION FOR AUTHORIZED RESELLING OF NFTS
ADVERTISING AND ANALYTICS
We also work with third parties to serve ads to you as part of customized campaigns on third-party platforms (such as Facebook and Google). As part of these ad campaigns, we or the third-party platforms may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and serve you advertising that is customized to your interests. Note that the third-party platforms may offer you choices about whether you see these types of customized ads.
TRANSFER OF INFORMATION TO THE UNITED STATES AND OTHER COUNTRIES
Winter is headquartered in the United States and we have operations and service providers in the United States. Therefore, we and those that perform work for us may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. To the extent required, we will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it.
You may access, update, and correct certain account information at any time by logging into your account, emailing us at firstname.lastname@example.org. If you wish to deactivate your account, please email email@example.com, but note that we may retain certain information as required by law or for our legitimate business purposes. If you wish to delete your account, please email firstname.lastname@example.org, but note that we may retain certain information as required by law or for our legitimate business purposes.
Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services.
Shine the Light
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. [Option 1: If you are a California resident and would like to make such a request, please contact us at [insert designated mailing address, email address, or toll-free telephone number].] [Option 2: Under the law, a business must either provide this information or permit California residents to opt in to, or opt out of, this type of sharing. [Winter] qualifies for this alternative option. To opt out of having information about you shared with third parties for direct marketing purposes, please email email@example.com.]
By email: firstname.lastname@example.org.
By mail: 2261 Market Street #4599 San Francisco, CA 94114.