Privacy Policy

 

This Privacy Policy (“Policy”) KrackWins.com, including any content, functionality, and services offered on or through KrackWins.com or any application (“App”) associated with KrackWins.com (KrackWins.com and all associated applications are collectively referred to as the “Website“) is hereby made effective as of March 2, 2019, by Krack Enterprises, LLC, a Nevada limited liability company (“KrackWins.com” or “we” or “us” or “our”), and, without waiving or otherwise releasing any right or obligation under any prior privacy policy or similar document or agreement of KrackWins.com, including, without limitation, any prior privacy policy or similar document or agreement set forth on the Website, hereby amends and restates any such prior privacy policy.

General

When you (“you” or “your” or “user” or “member”) browse the Website, register for a membership, or use our products, services or other materials available on or through the Website, you will provide certain information to us and we will learn, collect, use and share certain information about you for various purposes, as more fully set forth in this Policy.

BY USING OR ACCESSING THE WEBSITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS POLICY, AND ACKNOWLEDGE AND CONSENT TO THE LEARNING, COLLECTION, USE AND SHARING OF YOUR INFORMATION AS DESCRIBED IN THIS POLICY. IF YOU DO NOT AGREE WITH ANY PORTION OF THIS POLICY, YOU ARE PROHIBITED FROM USING OR ACCESSING THE WEBSITE.

Information We Collect and Use

Our primary purpose in collecting information about you is to provide you with our products and services, but we will also use this information in connection with the operation and improvement of the Website and our business, and may provide this information to our affiliates or to other third parties for use in their businesses or for other purposes in accordance with the terms of this Policy.

When you access, visit, register for or otherwise use the Website, we will learn, collect, store and use:

• personally identifiable data and information about you, such as your name, physical and/or electronic mail address, telephone, fax or mobile numbers, and other data or information that can be used to specifically identify you (all such personal data and information is collectively referred to herein as, “Personal Information”); and
• non-personally identifiable information about you, such demographic information, location, age, gender, and data on your use of the Website and other online activity (“Non-Personally Identifiable Information”).

Personal Information and Non-Personally Identifiable Information are together referred to herein as “Information”.

Using the Website. When you access, visit and use the Website, we automatically receive and store the uniform resource locator of the prior webpage that you were on and of the webpage where you go after you leave the Website. We also receive and store additional Information such as your internet protocol (IP) address, browser types, domain name, and other statistical data involving your access, browsing and use of the Website. This Information is generally collected passively using various technologies, but this Information may also be provided by you through interactions or communications with the Website or us.

Registration. In order to become a registered user of the Website or to use or obtain certain products or services offered on or through the Website, we will request, and you will need to provide us with, Personal Information such as your name, postal and/or email address, telephone, fax or mobile numbers. Registered users who sign up for any trial membership, premium membership or other account, product or service must also provide billing and credit card information. We may also collect certain other Information from you such as demographic information, location, age or gender. Without providing Personal Information, you cannot create an account, become a registered user of the Website, or obtain our products or services. We will use this Information to provide our products and services to you, in connection with our business and operations and in other ways that are provided in this Policy.

Cookies and Tracking Technologies.  Like many websites, we use cookies and similar technologies to record your preferences, track your usage of the Website, improve the Website and collect data and other Information. Cookies are automatically placed on your computer when you access the Website. Members who do not wish to have cookies placed on their computers should set their browsers to block cookies.  Some features of the Website may not function properly if the ability to accept cookies is disabled.

KrackWins.com also receives and collects Information through other commonly used techniques and technologies, including without limitation:

• through your browser, computer, mobile device, or tablet to ensure Website functionality,
• through pixel tags, web beacons, or clear GIFs,
• through Flash objects, or
• through your IP Address.

If you disable our ability to collect Information through any of these means, some features of the Website may not function properly.

We also may use other programs, software and/or applications, including, without limitation, Google Analytics, to analyze typical user behavior, improve the Website or in connection with our business or operations; and, for security purposes and to ensure the availability of the Website, we may also use programs, software and applications to monitor network traffic, identify unauthorized attempts to upload or change information, or otherwise cause damage to the Website or KrackWins.com. And, when you visit the Website, we automatically receive and collect the uniform resource locator of the prior webpage that you were on and of the webpage where you go after the Website, the IP address of your computer, the type of operating system and web browser you are using, your location, date and time of your access, pages viewed on the Website and other Information related to your visit to the Website.

We may also collect information when you interact with the Website’s or our customer service in order to assist you or maintain or improve the Website.

User Communications and Interactive Services.  The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website. Any Information you post, disclose, or otherwise make available in an Interactive Service, or otherwise in a manner that the public or other users, visitors or third parties may view and access such Information may become public information. Additionally, if you post Personal Information on the Website that is accessible to the public or to other users, you have made that information available to the public, and it is no longer private. In that case, other people may receive, collect and use that Information. You should exercise caution when deciding whether to post or disclose any of your Personal Information or any other Information on the Website.  Please note that Personal Information you have published on the Website may remain publicly available even if you request that such Information be internally deleted by KrackWins.com.  To use certain features of the Website, you may be required to make some Personal Information publicly available.

Licensees. You may access and use the Website through a third-party licensee or distributor of KrackWins.com (a “Licensee”), who has been expressly granted a limited license by KrackWins.com, to provide the Website to customers or other persons through such Licensee, or to redistribute or otherwise make available the Website. We will provide your Information to such Licensee with whom your account is linked. This Information may be used by the Licensee for any purpose you have agreed upon with such Licensee, including, without limitation, to provide guidance on your use of the Website. You are solely responsible for such Licensee’s use of and access to your Information, and you must have a separate agreement with such Licensee for such access and use of your Information. KrackWins.com has no control over such access or use of Information that you allow a Licensee, or any other third party, to access or use. KrackWins.com shall not be liable to you for any disclosure of your Information by a Licensee or other third party to whom you have provided Information. If you do not want your Information to be made available to a Licensee, you should dissociate your account with such Licensee; but, by failing to allow such Licensee to access and use your Information, certain products and services on the Website may not be available to you or may lose functionality.

Information We Do Not Collect

The Website processes all user payments through PayPal or other third-party payment facilitation services. Other than information PayPal or other such providers provide to us, we do not collect credit card or other financial information.

We only communicate with you through the contact information on the Website, and do not request any Personal Information by electronic mail. Don’t be fooled by scams or other imposters asking for this information, they are not from KrackWins.com! If someone pretending to be affiliated with KrackWins.com asks you for this information, please contact us directly through the Website.

How We Use Your Information

KrackWins.com uses your Information, including Personal Information, in connection with the operation, development and improvement of the Website and other products and services offered by KrackWins.com and its affiliates, the operation and billing of your account and/or membership, and for other uses consistent with this Policy. KrackWins.com and its affiliates may use, share and provide your Personal Information for any purpose related to their business or operations, including, without limitation, the following:

• to provide our products and services, operate the Website and respond to your inquiries and fulfill your requests,
• to manage your account and/or membership, subscription and other billing purposes,
• to allow outside vendors or other third parties to perform services on our behalf,
• to inform you about information regarding the Website, products or services for which you apply or may be interested in applying for, or in which you are already enrolled, changes to terms, conditions, and policies and/or other administrative information,
• to deliver marketing communications that we believe may be of interest to you, including, ads or offers tailored to you from us, our affiliates or third parties,
• to personalize your experience on the Website,
• to verify your identity and/or location in order to allow access to your accounts, and to maintain measures aimed at preventing fraud and protecting the security of account and Personal Information,
• to allow you to participate in surveys and other forms of market research, sweepstakes, contests and similar promotions and to administer these activities (some of these activities may have additional rules, which may contain additional information about how Personal Information is used and shared), from us, our affiliates or third parties,
• for general business purposes, to otherwise manage and operate the Website, develop new services and products, and conduct the business and operations of KrackWins.com and its affiliates, including data analysis, audits, developing and improving products and services, enhancing the Website, identifying usage trends and determining the effectiveness of promotional campaigns,
• for risk control, for fraud detection and prevention,
• to enforce the Website Terms of Use of www.KrackWins.com (the “Terms of Use”),
• to protect the rights and property of KrackWins.com, its affiliates and their officers, directors, unitholders, members, managers, employees or agents, and
• to comply with laws and regulations, and to comply with other legal process and law enforcement requirements.

Please be aware that you are responsible for the payment of any fees or costs incurred by you in connection with receipt of communications from KrackWins.com or its affiliates, including data, internet, cellular carrier or other similar fees.

With Whom Your Information May Be Shared

KrackWins.com recognizes the importance of the privacy of its users and does not lease, sell, share or otherwise provide Personal Information to third parties, except as provided herein. KrackWins.com will not disclose or provide your Personal Information to any third party except:

• as described in this Policy, including, without limitation, to a Licensee;
• as required by law or to comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
• as reasonably necessary to respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, entity or government agency;
• to detect, prevent and address fraud and other illegal activity and to prevent death or imminent bodily harm; or
• for any purpose related to the business or operations of KrackWins.com or its affiliates.

KrackWins.com may sell, disclose, share or otherwise provide Non-Personally Identifiable Information or other aggregated anonymous data or information to third parties about the users or usage of the Website for purposes that we deem, in our sole discretion, to be appropriate, including, without limitation, to prospective advertisers.

KrackWins.com may post and use any testimonials about the Website that you have provided in connection with the marketing and promotion of the Website. Testimonials and other marketing, promotions and advertisements may include limited Personal Information (such as first name and general location) that you have provided to KrackWins.com.

KrackWins.com may also disclose your Information to third parties as part of our selling the units or assets of the company, as the result of a proposed or actual change in control of the company, or in connection with any financing of or investment in the company by a third party. Any successor or assign of KrackWins.com, including any third party to which KrackWins.com transfers or sells its assets, will have the right to continue to use your Information.

BY USING OR ACCESSING THE WEBSITE, YOU AGREE, ACKNOWLEDGE AND CONSENT TO FOREGOING USES OF YOUR INFORMATION AND OTHER DATA AND INFORMATION. IF YOU DO NOT AGREE WITH THE FOREGOING, YOU ARE PROHIBITED FROM USING OR ACCESSING THE WEBSITE.

Access to and Protection of Your Personal Information. You may access, modify and correct some Personal Information provided to us through your account information on the Website. If you update, modify or correct any such Personal Information, we may keep copies of your Personal Information prior to such update, modification or correction for uses provided for in this Policy. To the extent that you wish to access, modify or correct Personal Information that is not available through your account information, you may contact us in the manner set forth below. We will endeavor to respond to your request in a timely manner.  We do not maintain any process for the deletion of any Information.

Personal Information will be stored by us in databases or servers owned and maintained by us or our affiliates, agents or service providers. Personal Information will be protected in a commercially reasonable manner. We take what we believe to be industry standard security measures to help safeguard your Personal Information, but no system is entirely secure. Although we protect your Personal Information in a commercially reasonable manner and with industry standard security measures, we do not guarantee that your Information will always remain secure.

Do Not Track

We do not track our members over time and across third party websites to provide targeted advertising and therefore we do not respond to Do Not Track (DNT) signals.

Links to Other Websites

We are not responsible for the practices employed by websites linked to or from the Website, nor the information or content contained in such websites, nor any third party’s use of Information or other data or information which we have sold, disclosed, shared or otherwise provided to them, including, without limitation, any Licensee. Please remember that when you use a link to go from the Website to another website, this Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on the Website, are subject to that website’s rules, terms and conditions, and/or policies.

Users Under 18 Prohibited

KrackWins.com requires all users to be at least 18 years of age. In fact, registration for and use of the Website by persons under the age of 18 is expressly prohibited. Accordingly, KrackWins.com does not intentionally collect any Information on the Website from individuals that are under 18.  If we become aware that we have collected any Information, including without limitation Personal Information, from a person under age 18, we will take reasonable steps to remove that Information.

Miscellaneous

In addition to the Website, this policy also applies to any KrackWins.com mobile applications and any Information that we may collect through such applications.

This Policy has been adopted and is effective as of the date set forth above, without waiving or otherwise releasing any right or obligation under any prior privacy policy or similar document or agreement of KrackWins.com, including without limitation any prior privacy policy or similar document or agreement set forth on the Website. This Policy hereby amends and restates any such prior privacy policy.

KrackWins.com reserves the right to revise this Policy at any time without notice. By using the Website, you are agreeing to be bound by the then-current version of this Policy, and your continued use of the Website reaffirms your agreement to the then-current Policy. You agree to consult the Website regularly for up-to-date versions and information about this Policy. Without limiting the foregoing, we will provide notification by electronic mail, check box, highlighted text on the Website, or other means we deem adequate, of the adoption of a revised or amended Policy that contains material revisions, amendments or other changes to the terms.

In the event that the terms of this Policy conflict with or are inconsistent with any provision of the Terms and Conditions, the Terms and Conditions shall govern.

Any legal suit, action, or proceeding arising out of, or related to, this Policy or the Website shall be instituted and maintained EXCLUSIVELY in a state or federal court sitting in the State of Nevada, in each case located in Clark County. You hereby submit to the exclusive jurisdiction of the courts of the State of Nevada and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, including but not limited to objections on the grounds of forum non conveniens.  Notwithstanding the above, you agree that KrackWins.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) or to enforce its rights or remedies in any jurisdiction.

You consent to submit any disputes arising from the use of this Policy or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Nevada law.

You consent that you shall not assert or participate in any class action against us in any dispute related to this Policy or your use of the Website. You further consent that the arbitration agreement and class action waiver are severable, and if any Court finds that either the agreement to arbitrate or the class action waiver is invalid or does not apply the other shall survive in full force.

The Website, and the other products and services of KrackWins.com, are solely directed to and intended for individuals residing in the United States. Those who choose to access and use the Website, and the other products and services of KrackWins.com, from other locations do so at their own risk, and are responsible for compliance with all laws, rules and regulations applicable thereto. KrackWins.com reserves the right to limit the availability of the Website, and any other products or services of KrackWins.com, to any person, geographic area, or jurisdiction, in any manner and at any time, in its sole discretion.

No waiver by us of any term or condition set out in this Policy shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of by us to assert a right or provision under this Policy shall not constitute a waiver of such right or provision.

If any provision of Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Policy will continue in full force and effect.

This Policy is incorporated into the above Website Terms of Use, found at KrackWins.com/terms-and-privacy.  If any terms of this Policy conflict with or contradict the Website Terms of Use, the Website Terms of Use shall control.

Questions about this Policy should be addressed to [email protected].

IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THIS POLICY, PLEASE EXIT THE WEBSITE IMMEDIATELY.  PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS WEBSITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THIS POLICY.