Privacy Policy

Last updated: January 11, 2023

The Privacy Policy describes how Woosh Creative Digital Assets, Inc. (“Company”), a private limited company, duly registered and validly existing under the laws of the State of Delaware, United States, collects, uses, processes, and discloses Users’ information, including personal information, in conjunction with Users’ access to and use of the Company’s service. This Privacy Policy describes the information the Company may collect from Users or that Users may provide and its procedures regarding this information.

  • When Users visit the website woosh.rocks.
  • In email, text, and other electronic messages between Users and this Website.
  • Through mobile and desktop applications Users download from this Website, which provide dedicated non-browser-based interaction between Users and this Website.
  • When Users interact with the Company’s advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for Users to access the Service or parts of the Service.
  • Company (referred to as either "the Company" in this Agreement) refers to Woosh Creative Digital Assets Inc.
  • Cookies are small files that are placed on Users’ computer, mobile device or any other device by a website, containing the details of Users’ browsing history on that website among its many uses.
  • Country refers to: Delaware, United States.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Data is any information that relates to an identified or identifiable individual.
  • Service refers to products, services, content, features, technologies, or functions, and all related websites, applications and services offered to Users by the Company through the Website, mobile apps, online platform, official social media platforms, or other online properties.
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
  • Token means a decentralized collectable asset that essentially represents a song. Token holders will never realize a financial gain from the profit of that song, from royalties or otherwise.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Users means the individuals accessing or using the Service, or the company, or other legal entity on behalf of which such individuals are accessing or using the Service, as applicable.
  • Website refers to Woosh, accessible from https://woosh.rocks.

Collecting and Processing Users’ Personal Data

Types of Data Collected

Personal Data

While using the Service, the Company may ask Users to provide certain personally identifiable information that can be used to contact or identify Users. Personally identifiable information may include, but is not limited to:

  • Email address;
  • First name and last name;
  • Phone number;
  • Address, State, Province, ZIP/Postal code, City;
  • Usage Data.

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Users’ Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of the Service that Users visit, the time and date of Users’ visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When Users access the Service by or through a mobile device, the Company may collect certain information automatically, including, but not limited to, the type of mobile device Users use, Users’ mobile device unique ID, the IP address of Users’ mobile device, Users’ mobile operating system, the type of mobile Internet browser Users use, unique device identifiers and other diagnostic data.

The Company may also collect information that Users’ browser sends whenever Users visit the Service or when Users access the Service by or through a mobile device.

Payment Transfer Data

The Company collects information related to Users’ payment transfers through the Service such as the purchase of Tokens, the receipt or transfer of Tokens. The payment information and Token transfer information may include details on the payment instrument used, date and time of transfers, amount of payment transfers and Token transfers, email address, or other account identifier information, your address and other related transfer details. This information is necessary for the adequate performance of the contract between Users and the Company and to allow the Company to effectively provide the Service.

Geo-location Information

When Users interact with certain features of the Service, the Company may collect information about their precise or approximate location as determined through data such as IP address or mobile device's GPS to offer an improved user experience. Most mobile devices allow Users to control or disable the use of location services for applications in the device's settings menu. The Company may also collect this information even when Users are not interacting with the app if this connection is enabled through settings or device permissions. The legitimate interests that the Company pursues with this processing is the identification of location-specific problems (i.e. coverage problems for SMS-sending purposes) and other statistical information, which helps the Company improve the Service.

Tracking Technologies and Cookies

The company uses Cookies and similar tracking technologies to track the activity on the Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze the Service. The technologies the Company uses may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Users’ Device. Users can instruct Users’ browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if Users do not accept Cookies, Users may not be able to use some parts of the Service. Unless Users have adjusted Users’ browser setting so that it will refuse Cookies, the Service may use Cookies.
  • Flash Cookies. Certain features of the Service may use local stored objects (or Flash Cookies) to collect and store information about Users’ preferences or Users’ activity on the Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies.
  • Web Beacons. Certain sections of the Service and the Company’s emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Users’ personal computer or mobile device when Users go offline, while Session Cookies are deleted as soon as Users close Users’ web browser.

The Company uses both Session and Persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies
  • Type: Session Cookies
    Administered by: the Company
    Purpose: These Cookies are essential to provide Users with services available through the Website and to enable Users to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that Users have asked for cannot be provided, and the Company only uses these Cookies to provide Users with those services.

  • Cookies Policy / Notice Acceptance Cookies
  • Type: Persistent Cookies
    Administered by: the Company
    Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

  • Functionality Cookies
  • Type: Persistent Cookies
    Administered by: the Company
    Purpose: These Cookies allow the Company to remember choices Users make when Users use the Website, such as remembering Users’ login details or language preference. The purpose of these Cookies is to provide Users with a more personal experience and to avoid Users having to re-enter Users’ preferences every time Users use the Website.

    Use of Users’ Personal Data

    The Company may use Personal Data for the following purposes:

    • To provide and maintain the Service, including to monitor the usage of the Service.
    • To manage Users’ Account: to manage Users’ registration as a user of the Service. The Personal Data Users provide can give Users access to different functionalities of the Service that are available to Users as a registered user.
    • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services Users have purchased or of any other contract with the Company through the Service.
    • To contact Users: to contact Users by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
    • To provide Users with news, special offers and general information about other goods, services and events which the Company offers that are similar to those that Users have already purchased or enquired about unless Users have opted not to receive such information.
    • To manage Users’ requests: to attend and manage Users’ requests to the Company.
    • For business transfers: the Company may use Users’ information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of its assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by the Company about the Service users is among the assets transferred.
    • For other purposes: the Company may use Users’ information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of the promotional campaigns and to evaluate and improve the Service, products, services, marketing and Users’ experience.

    The Company may share Users’ personal information in the following situations:

    • With Service Providers: the Company may share Users’ personal information with Service Providers to monitor and analyze the use of the Service, to contact Users.
    • For business transfers: the Company may share or transfer Users’ personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of its business to another company.
    • With Affiliates: the Company may share Users’ information with its affiliates, in which case the Company will require those affiliates to honor this Privacy Policy. Affiliates include parent companies and any other subsidiaries, joint venture partners or other companies that the Company controls or that are under common control with the Company.
    • With business partners: the Company may share Users’ information with its business partners to offer Users certain products, services or promotions.
    • With other users: when Users share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
    • With Users’ consent: the Company may disclose Users’ personal information for any other purpose with Users’ consent.

    Retention of Users’ Personal Data

    The Company will retain Users’ Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. The Company will retain and use Users’ Personal Data to the extent necessary to comply with legal obligations (for example, if the Company is required to retain Users’ data to comply with applicable laws), resolve disputes, and enforce legal agreements and policies.

    The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of the Service, or the Company is legally obligated to retain this data for longer time periods.

    Transfer of Users’ Personal Data

    Users’ information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Users’ state, province, country or other governmental jurisdiction where the data protection laws may differ from those from Users’ jurisdiction.

    Users’ consent to this Privacy Policy followed by Users’ submission of such information represents Users’ agreement to that transfer.

    The Company will take all steps reasonably necessary to ensure that Users’ data is treated securely and in accordance with this Privacy Policy and no transfer of Users’ Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Users’ data and other personal information.

    Accessing and Correcting Users’ Information

    Users have the right to obtain the following:

    • Confirmation of whether, and where the Company is processing Personal Data;
    • Information about the purposes of the processing;
    • Information about the categories of data being processed;
    • Information about the categories of recipients with whom the data may be shared;
    • Information about the period for which the data will be stored (or the criteria used to determine that period);
    • Information about the existence of the rights to erasure, to rectification, to restriction of processing and to object to processing;
    • Information about the existence of the right to complain to any regulator;
    • Where the data was not collected from Users, information as to the source of the data; and information about the existence of, and an explanation of the logic involved in, any automated processing;

    Additionally, Users may request a copy of the personal data being processed.

    Users may send an email to [email protected] to request access to, correct, or delete any personal information that they have provided to the Company. The Company cannot delete Users’ personal information without also deleting associated user accounts. The Company may not accommodate a request to change information if it believes the change would violate any law or legal requirement or cause the information to be incorrect.

    If Users delete their User Contributions from the Website, copies of User Contributions may remain viewable in cached and archived pages, or might have been copied or stored. Proper access and use of information provided on the Website, including User Contributions, is governed by the terms of use on the Website.

    Please be advised that when Users interact with the Service, the Company may automatically collect some of the personal information described in the sections above such as Geo-location Information, Technologies and Cookies, Payment Transfer and Token Transfer Information.

    Disclosure of Users’ Personal Data

    Business Transactions

    If the Company is involved in a merger, acquisition or asset sale, Users’ Personal Data may be transferred. The Company will provide notice before Users’ Personal Data is transferred and becomes subject to a different Privacy Policy.

    Third-party service providers

    The company may share personal information with third-party service providers that support the Company in providing the Service with functions at the Company’s decision and behalf. These third-party service providers may:

    • Verify Users identity or authenticate identification documents;
    • Check information against public databases;
    • Conduct background, fraud prevention, and risk assessment;
    • Perform risk monitoring;
    • Perform product development, maintenance and debugging;
    • Allow the provision of the Service through third party platforms and software tools;
    • Provide customer support;
    • Provide IT support and development services;
    • Provide technical support for the Service;
    • Promote the Service as distributors, promoters, sales agents or similar;
    • Provide cloud, storage or collocations services;
    • Provide audit and accountancy services;
    • Provide legal, compliance or other consultancy services;
    • Provide marketing and public relations services.

    These providers have limited access only to the information necessary to perform the tasks for which they were contracted for on the Company’s behalf and are contractually bound to protect and to use it only for the purposes for which it was disclosed and which are consistent with this Privacy Policy.

    With Users’ consent:

    The Company also will share Personal Data and other information with Users’ consent or direction, including if you authorize an account connection with a third-party account or platform. In addition, the Company may provide aggregated statistical data to third-parties, including other businesses and members of the public, about how, when, and why Users visit the Website and interact with the Service. This data will not personally identify Users or provide information about their use of the Service. The company does not share Personal Data with third parties for their marketing purposes without consent.

    Aggregated Data

    The Company may also share aggregated information (information about Users that is combined together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

    Monitoring

    The Company may monitor or record telephone calls, emails, web chat or other communications with Users for regulatory, security, customer services or training purposes.

    Social Media

    The Company may review and use public comments and opinions made on social networking sites (e.g., Facebook Twitter, Google+, Linkedin, YouTube, etc.) to better understand its customers and its provision and development of the Service.

    Law enforcement

    Under certain circumstances, the Company may be required to disclose Users’ Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

    Other legal requirements

    The Company may disclose Users’ Personal Data in the good faith belief that such action is necessary to:

    • Comply with a legal obligation;
    • Protect and defend the rights or property of the Company;
    • Prevent or investigate possible wrongdoing in connection with the Service;
    • Protect the personal safety of Users of the Service or the public;
    • Protect against legal liability.

    Global Operations

    To facilitate global operations, the Company may be required to transfer, store, and process Users’ information with service providers based in Europe, India, Asia Pacific and North and South America. Laws in these countries may differ from the laws applicable to Users’ Country of Residence. For example, information collected within the EEA may be transferred, stored, and processed outside of the EEA for the purposes described in this Data Protection and Confidentiality Policy. Where the Company transfers, stores and processes personal information globally, it has ensured that appropriate safeguards are in place to ensure an adequate level of data protection.

    In case personal information is shared with corporate affiliates or third-party service international providers in the absence of an adequacy decision, the Company has – prior to sharing information with such a corporate affiliate or a third-party service provider – established the necessary means to ensure an adequate level of Data Protection. The Company will provide further information on the means to ensure an adequate level of Data Protection on request.

    Security of Users’ Personal Data

    The Company takes the responsibility to ensure that Users’ personal information is secure, kept in an encrypted form on servers, collocated in Special data centers. To prevent unauthorized access or disclosure of information the Company maintains physical, electronic and procedural safeguards that comply with applicable regulations to guard non-public personal information.

    Once Users are logged into the Website, all internet communication is secured using TLS technology with High-grade security Encryption (2048 bit keys). The Company restricts access to personally identifiable information only to employees who need to know that information in order to provide products or services to Users.

    If Users know or have reason to believe that the credentials of their Online account have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of the Account, they should contact the Company following the instructions in the Contact Us section below. While the Company is dedicated to securing its systems and Services, Users are responsible for securing and maintaining the privacy of their password(s) and Online account/profile registration information and verifying that the Personal Data the Company maintains about them is accurate and current.

    The Company has also implemented measures designed to secure personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The Company stores and processes personal and transactional information, including certain payment information, such as encrypted bank account and/or routing numbers, on its computers in the United States and elsewhere in the world where the Company’s facilities or service providers are located, and protect it by maintaining physical, electronic, and procedural safeguards in compliance with applicable U.S. federal and state regulations. The Company uses computer safeguards such as firewalls and data encryption, enforces physical access controls to its buildings and files, and authorizes access to personal information only for those employees who require it to fulfill their job responsibilities.

    The safety and security of information also depends on Users. Where the Company has given Users (or where they have chosen) a password for access to certain parts of the Website, Users are responsible for keeping this password confidential. The Company asks Users not to share their passwords with anyone.

    Unfortunately, the transmission of information via the internet is not completely secure. Although the Company does its best to protect Users’ personal information, it cannot guarantee the security of their personal information transmitted to the Website. Any transmission of personal information is at Users’ own risk. The Company is not responsible for circumvention of any privacy settings or security measures contained on the Website.

    The Company stores Users’ personal information securely throughout the life of the Users’ account. The Company will retain personal information for a minimum of five years or as necessary to comply with its legal obligations or to resolve disputes.

    Children's Privacy

    The Service does not address anyone under the age of 13. The Company does not knowingly collect personally identifiable information from anyone under the age of 13. If Users are a parent or guardian and are aware that Users’ child has provided Personal Data, they should contact the Company. If the Company becomes aware that it has collected Personal Data from anyone under the age of 13 without verification of parental consent, the Company takes steps to remove that information from its servers.

    If the Company needs to rely on consent as a legal basis for processing Users’ information and Users’ country requires consent from a parent, the Company may require Users’ parent's consent before it collects and uses that information.

    Links to Other Websites

    The Service may contain links to other websites that are not operated by the Company. If Users click on a third-party link, Users will be directed to that third party's site. The Company strongly advises Users to review the Privacy Policy of every site Users visit.

    The Company has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party sites or services.

    Changes to this Privacy Policy

    The company may update the Privacy Policy from time to time. The company will notify Users of any changes by posting the new Privacy Policy on this page.

    The company will let Users know via email and/or a prominent notice on the Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

    Users are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

    Contact Us

    If Users have any questions about this Privacy Policy, Users can contact the Company: