1. GENERAL

1.1. By installing the Application (as defined below), you agree to be bound by these terms of use ('TOU'). Please review them carefully before installation and/or acceptance.1.2. Any term mentioned in these TOU with a capital letter in the first letter refers to a concept perfectly identified and defined below:

“User” means the natural person acting as a consumer using the WIINK mobile Application;

“Purchase” means any purchase of a Product made by the User at a Merchant referred to through the WIINK Mobile Application;

«Application» or “App”: means the non-commercial Mobile WIINK application allowing Users to access the service, available on Android and iOS;

“Merchant” means the listed physical retailer or point of sale offering a Promotion on the WIINK Application;

“Product”: means the products eligible for the Promotion for sale at a listed Merchant;

«Promotion»: means the price reduction applicable to a Product on the WIINK Application.

2. DEFINITIONS

The 'Application' shall mean the software provided by Wiink IvS to offer services related to Wiink IvS, Wiink IvS's services and its partners' services, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.

3. DATA PROTECTION

3.1. Any personal information you supply to Wiink IvS when using the Application will be used by Wiink IvS in accordance with its Privacy Policy.

3.2. Personal data

The personal data collected are processed by Wiink IvS, the controller, in order to carry out the current operations relating to the service and management of its Users.

This data is necessary for the provision of the service, and the User may not benefit from the Promotions in the event that he does not fill in the mandatory fields when creating his User account.

Furthermore, in the event that all or part of Wiink IvS is sold or transferred to a third party, the User agrees that the information collected may be transferred to this third party.

The personal data collected by Wiink IvS are kept for a period of 3 years and are not disclosed to any third party.

In accordance with the General Data Protection Regulation (GDPR), subject to proof of identity, the User has a right of access, rectification, erasure, to oppose and limit the processing of personal data concerning him, as well as the right to the portability of his data and to define your guidelines relating to the management of your data after his death.

The User has the right to request that the personal data concerning him be rectified, completed, updated, locked or erased if these data are inaccurate, incomplete, equivocal, outdated, or if the collection, the use, disclosure or retention of such data is prohibited.

The User exercises his rights by email to the address info@wiink.io

The User is informed that he has the right to lodge a complaint with a supervisory authority.

Through its User account, the User has the ability to manage his personal data. No transfer of the User’s personal data will be done without his consent except for the purposes of performing the service.

An unsubscribe link will also be present in all commercial communications sent by email.

4. Wiink.io

The Application allows you to access certain functionality available on the Wiink.io website. Such access will be governed by the Wiink IvS Website Terms & Conditions.

5. PROPRIETARY RIGHTS AND LICENCE

5.1. All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by Wiink IvS or by Wiink IvS's licensors.

5.2. Wiink IvS hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the Application for your business and personal use in accordance with these TOU.

6. CONDITIONS OF USE

6.1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.

6.2. The Application is currently made available to you free of charge for your personal, non-commercial use. Wiink IvS reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these TOU, at any time and for any reason.

6.3. You acknowledge that the terms of agreement with your respective mobile network provider ('Mobile Provider') will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

6.4. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.6.5. The WIINK Application allows Users to benefit from Promotions when Purchasing Products from a Listed Merchant for a specified period of time.

(i) This service is accessible through the creation of a WIINK account by the User.After creating an account, the User has access to Promotions offered by the Merchants listed on the WIINK Application.

In order to benefit from the Promotions, the User must have a smartphone allowing him to download the WIINK App on the Internet and must first create an account on the WIINK App to fill in the following information:

• First name
• Name
• Email
• Gender
• Birthday Date

This account is strictly personal and cannot be used by a third party. The User’s access to his account is effected by entering his username and password, which he ensures confidentiality.(ii) In order to benefit from these Promotions, the User presents the QR Code corresponding to the Promotion offer on the WIINK Application, opened on his smartphone when he goes to the Merchant’s checkout.

(iii) The Promotions are accessible exclusively in physical points of sale where the User must have Internet access and present the QR Code corresponding to the Promotion in order to benefit from it.

(iv) The User may not claim to benefit from any Promotion during purchases made remotely, including on the website of the Merchants referenced.

(v) The WIINK App allows Users to use the geolocation function of their Smartphones if they wish to locate the Listed Merchants around them.

6.6. PromotionsThe WIINK Application allows Users to benefit from Promotions or opportunities offered by a referenced Merchant during the Purchase of Products.

The description of the conditions of each Promotion is specified in the WIINK Application (amount of the Promotion, period of the Promotion, availability of the Products, offers that cannot be combined, etc.).

Wiink IvS draws the attention of the User to the fact that it may happen that an error affects the price of the Products. In accordance with the applicable regulations, the Referenced Merchant may refuse a purchase request in the event of a display or technical error that makes the price of the product manifestly vile or derisory.

6.7. Terms of PaymentThe Products are paid directly to the Merchant referred to at the promotional price.No discount may be granted to the User subsequent to the Purchase.

Wiink IvS does not have access to banking data and therefore does not retain the User’s banking data.

6.8. Right of withdrawalAs the User acquires the Products directly in the point of sale of the referenced Merchant, he does not have any right of withdrawal.

6.9. Obligations of the partiesThe User undertakes to inform his data in a sincere manner and to respect the entirety of these TOU.

To this end, the User undertakes not to implement fraudulent, illegal or inappropriate practices that could cause harm to the Merchants referred to or to Wiink IvS.

Wiink IvS, in its capacity as hosting provider, is not the seller of the Products and can under no circumstances be held liable for any hidden defects, defects of conformity or any damage resulting from the sales contract between the referenced Merchant and the User.

Therefore, Wiink IvS is not required to intervene in the event of a dispute between the Merchant referred to and the User.

7. AVAILABILITY

7.1. This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. Wiink IvS will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Wiink IvS's reasonable control.

7.2. Wiink IvS, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.

7.3. Wiink IvS will not be responsible for any support or maintenance for the Application.

8. SYSTEM REQUIREMENTS

8.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').

8.2. The Software Requirements are as follows: Apple iOS devices running minimum iOS 9 and Android OS devices running minimum Android OS 9.

8.3. The version of the Application software may be upgraded from time to time to add support for new functions and services.

9. TERMINATION

9.1. Wiink IvS may terminate use of the Application at any time by giving notice of termination to you.

9.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;

10. LIMITATION OF LIABILITY

10.1. In no event will Wiink IvS be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.

10.2. Wiink IvS is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

10.3. Nothing in these TOU shall exclude or limit Wiink IvS's liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

11. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, Wiink IvS hereby disclaims all implied warranties with regard to the Application. The Application and software are provided 'as is' and 'as available' without warranty of any kind.