Wayin Privacy Policy

This Privacy Policy applies to Wayin.com (the “Site”) and Wayin Inc. affiliates including Wayin Limited (f/k/a Engage Software Limited), EngageSciences Corp., Comenta LLC and other services provided to third parties by Wayin, Inc. as further described below (“Services”). By using the Site or the Services, you consent to the practices described in this Privacy Policy. If you do not agree to the terms set forth in this Privacy Policy, you may not use our Site or Services.

This Privacy Policy is incorporated into the Terms of Use governing your use of our Site. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in our Terms of Use.

Scope of this Privacy Policy

This Privacy Policy applies to information collected through our Site, and also describes certain privacy practices with regard to the Services provided by Wayin to third parties. The Services include without limitation, social media hubs, widgets, campaign platforms, and APIs for use on third party sites or in third party broadcast programming. The Services typically include feeds of “tweets” (consisting of text, pictures, videos, links to websites, or other content) provided to Wayin by Twitter, Inc. (“Twitter”), other social media content created by end-users and provided through other social media platforms (together with tweets, the “Social Media Content”), as well as promotions, sweepstakes, polling, product feedback and reviewing, and other promotional or advertising campaigns (“Promotions”). This Privacy Policy does not apply to any information you may provide to us by email, phone, fax, in written agreements, or otherwise.

PII” means “personally identifiable information,” which is information that identifies you personally, either alone or in combination with other information available to us (including without limitation your name, address, email address, telephone number, or other personal information) and any other information about or relating to an identified or identifiable individual. “Non-PII” means “non-personally identifiable information” or other information which alone does not identify you. We sometimes refer to both PII and Non-PII in this Privacy Policy as “Information.” Social Media Content may include PII and/or Non-PII, depending on the content voluntarily submitted to the social media platform by the applicable end-user.

Collection of Your Information

Social Media Content. Anything a Twitter user may tweet to a hashtag being used by one of the Services, or any other Social Media Content submitted by an end-user to the applicable social media platform and which is then automatically provided by that platform to Wayin (via API or otherwise), may instantly be visible to anyone viewing the applicable Service anywhere in the world (subject to the privacy settings you have established in your account with the applicable social media platform). By submitting any public Social Media Content (as controlled by your account settings with the applicable social media platform, if any) to the applicable hashtag promoted in a Service, or otherwise in a manner that transmits such Social Media Content to a Service, you consent to the collection, transfer, manipulation, storage, disclosure, and other use of the Information contained within the Social Media Content, to any country in which the Service is provided. You further consent that any Information you tweet or otherwise post to a social media platform will be provided by you directly to the applicable social media platform, and accordingly will be subject to that platform’s own Privacy Policy and the controls you have established on your social media account with that platform (including without limitation the privacy settings for that account, if any).

Promotion Data. When you participate in a Promotion provided by Wayin or as part of our Services, we may collect certain PII from you, including your name, email, and other Information which may be requested by the party sponsoring/running the Promotion. We use this Information and PII as necessary to administer the Promotion, and we may share it with our client or other party on whose behalf we administer the Promotion. Note that we may collect and share this information for promotional and advertising purposes, in order to provide any other service you request, or in order to obtain data requested by our customers. You may receive emails from either us or the third party sponsoring/running the Promotion, or from third parties with whom your PII has been shared.

Contests or Sweepstakes. We may operate our own contests and sweepstakes through the Site and Services which may require registration and submission of PII (such as your name, email, and address) in order to enter. Your PII may be used to contact you for winner notification, prize delivery confirmation or other promotional purposes. Your entry in the contest or sweepstakes may also result in your being added to our marketing lists as well as those of our promotional partners associated with the contest or sweepstakes. Acceptance of a prize may require you (unless prohibited by law) to allow us to post publicly some of your information on the Site or through the Services, such as on a winner’s page. As discussed above, we may also administer or host a contest or sweepstakes on behalf of a third party on our Site or through our Services. In those cases, we may have no control over the information collected and accordingly urge you to review the official rules of the contest/sweepstakes as well as the advertiser’s or sponsor’s privacy policy, before participating.

Optional Voluntary Information. In order to request information about Wayin or our Services, or otherwise contact us through our Site, you may be required to voluntarily submit certain PII such as your name and email address. Contacting us through our Site or requesting information about our Services is purely optional, and you are not required to submit any PII through our Site or Services. If you decide to contact us or request information about our Services, we will use the information you submit to respond to your inquiry, and we may add you to our mailing list.

Usage Data. Wayin may track user traffic patterns and content accessed throughout our Site or Services. This information allows us to better tailor our content or Services to meet the needs of our users and clients, and to help us and our Clients better understand our or their audience.

Information Sent to Us by Your Web Browser. We may collect information that is sent to us automatically by your web browser, such as your IP address, the address of the web page you were visiting when you accessed our Site, information on your operating system and browser, and the date and time of your visit. Such information cannot typically be used to identify you personally, although certain jurisdictions may consider your IP address to be PII. We generally use this information to better understand how users interact with our Site and Services, and to provide a more user friendly experience. In addition, we may review our server logs for security purposes, such as detecting intrusions into our network.

Client Dashboards. If our clients choose to access the online dashboards by which they can control our Services (which may be accessible through our Site or otherwise), we will collect only the Information required to log in to the dashboard. You do not need to provide this Information to us unless you choose to use the applicable dashboard.

Use of Cookies and Similar Technologies

Our Site, or our current or future service providers, may place a text file called a “cookie” on your computer, which may store preferences or other information, and may be used to help personalize your experience when using our Site. You can refuse cookies by turning them off in your browser. We may use cookies to learn the source of traffic to our Site (including the site you were visiting before you came to our Site), and to store your other preferences when using our Site. We or our third party service providers may also use cookies or other technologies for site analytics purposes and to collect certain data regarding the actions of our users online.

Our Services may use cookies (which may include third party cookies) to track usage of content within the Services, sources of traffic to the Services, administrative rights for the Services, and other analytics related to the Services. Wayin’s clients who feature our Services on their own sites may also use cookies or similar technologies for tracking, analytics, or other purposes.

We use a tool called “Google Analytics” to collect information about use of our Site and our Services. Google Analytics collects information such as how often users visit our Site or our Services, what pages they visit when they do so, and what other sites they used prior to coming to this Site or our Services. We use the information we get from Google Analytics to maintain and improve the technical performance of our Site and our Services. We may also transfer the information we get from Google Analytics to the client to whom we are providing the relevant Service. Google Analytics collects the IP address assigned to you on the date you visit our Site or use our Services, rather than your name or other identifying information. To learn more about, or to opt-out of Google’ s analytic and marketing services, visit Google Analytics Terms of Use, the Google Privacy Policy, or Google Analytics Opt-out.

Our Site and the Services do not currently respond to web browser “do not track” signals. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp.

How We Use Information

Wayin uses PII you have provided on our Site to deliver the information you have requested through our Site. If you request information through our Site, one of our representatives will contact you regarding your request, and you may also be placed in our database to receive information regarding Wayin’s current or future products or Services via email or otherwise. You may unsubscribe from emails sent by Wayin at any time by clicking on the unsubscribe link in each email, or by sending an email to privacy@wayin.com.

We may also use Information (including PII) collected on our Site or Services: (i) to improve our Site and Services; (ii) for purposes related to the business of Wayin or our clients; (iii) for marketing or promotional purposes (e.g. to provide information you requested and future information we believe would be of interest to you based on your communication with Wayin or submitted through the Services); (iv) in connection with a Promotion you have entered; (v) for any other purpose described in this Privacy Policy, or (vi) otherwise as we may disclose to you from time to time. In addition, any Social Media Content you submit via a third party social media platform, whether using a hashtag promoted on the Wayin platform or otherwise, may be used for all purposes described in the Terms of Use and Privacy Policy (or other applicable terms) for that social media platform, and will also be subject to any controls and protections described in that platform’s applicable policies. Similarly, any information you submit regarding a Promotion may be shared with the party running the Promotion, and may be handled or disclosed in accordance with that third party’s privacy policy.

We may also use Non-PII sent to us in the Site or Services by your web browser, cookies, or otherwise, to: (i) perform analyses of the use of various areas of our Site or Services; (ii) for other analytics purposes related to our business or that of our clients; (iii) to analyze the source of the audience for our Site and Services; and (iv) to create aggregate reports on our users’ traffic patterns and other user data.

How We Share Information

We may share your PII or Non-PII collected through our Site or Services with: (i) our current or future affiliated companies, subsidiaries, or other related entities; (ii) companies and organizations that perform services on our behalf, for example, companies that provide support services, data storage, web hosting, or other services; (iii) clients of Wayin who have engaged us to provide Services for them, including those clients who have contracted with us for a Promotion; (iv) Twitter or other social media platforms (to the extent necessary for us to use the social media platform’s API, content feeds, or otherwise as we or the applicable social media platform may deem necessary); and (v) third parties we have selected for marketing purposes, promotions, or other purposes related to our business which may not be expressly described herein.

We may also disclose the PII we collect through our Site or Services when we, in good faith, believe disclosure is appropriate to comply with the law (or respond to any legal process such as a court order or subpoena, government requests in the U.S. or other countries, or requests related to national security in accordance with applicable laws); to prevent or investigate a possible crime such as fraud or identity theft; to enforce the Terms of Use or other agreements that govern your use of our Site or Services; to protect the rights, property or safety of Wayin, our affiliated companies, our clients, our users or others; or to protect your vital interests. Information submitted to our Site or Services is an asset of Wayin, and will become part of our normal business records. Any information collected on our Site or Services, including without limitation PII, may be transferred to any entity related to Wayin in the present or future, or to another company that has acquired the stock or assets of Wayin, for example, as the result of a sale, merger, reorganization, dissolution or liquidation. If such a transfer occurs, the acquiring company’s use of your PII will still be subject to this Privacy Policy, and the privacy preferences you have expressed to us.

Please be aware that by using our Site or Services you are deemed to have accepted and agreed to the sharing of your Information collected through our Site and Services in the manner described in this Privacy Policy, and the sharing of your Social Media Content in accordance with the terms and policies of the applicable social media platform through which it was initially submitted, and we will not be required to obtain your consent for any disclosure described herein.

In accordance with California law, if you would like to obtain a list of the third parties to whom we have disclosed PII for direct marketing purposes during the preceding calendar year, if any, please write to us at: Wayin, Inc., Attn: Legal, 1625 Blake St, Denver, CO 80202.

Security of your Personal Information

Wayin uses reasonable security measures, based on the nature of PII disclosed on our Site and Services, in an effort to secure your PII from unauthorized access, use or disclosure. However, please keep in mind that perfect security does not exist, and we cannot guarantee that the Information we collect about you will remain secure.


You may opt-out of receiving marketing communications from us by following the opt-out instructions we include in such communications. You may opt-out of providing geo-location information from your mobile device or at the point of collection. To the extent required by law, you may choose to opt out of sharing with any other parties with whom we may share your personal information; however, you may be unable to use the Site or Services or certain features if you wish to limit such sharing.

International Users

If you are located outside of the United States, you understand that by using our Site or Services, you are providing Information to Wayin in the United States, and you hereby consent to the transfer of your Information to (and processing or other use of your Information in) the United States and any other countries in which Wayin may operate in the future or to which Wayin may use or transfer your Information in accordance with this Privacy Policy (including, to the extent you are providing Social Media content through a third party social media platform, in all countries in which that platform operates). You further consent to the use of your Information for marketing purposes by Wayin and its current or future related entities, marketing partners, service providers, or any third parties to which Wayin may provide your Information as described in this Privacy Policy, in the United States or any other country. When Wayin uses, processes or discloses PII transferred from the EU or Switzerland, Wayin will comply with the Privacy Shield Principles as described below.

EU-US Privacy Shield

Wayin complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Wayin adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability with respect to all personal data received from the EU in reliance on the Privacy Shield program. Furthermore, we require any third party recipients of EU citizens’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU citizens’ data to the extent required by law.

If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.

We encourage EU (and US) users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-US Privacy Shield Principles, Wayin commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this Privacy Policy should first contact Wayin at the address below. We will respond to complaints from EU citizens within 45 days.

Wayin has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to JAMS, a non-profit alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint.

Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a US company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.

Changes to this Privacy Policy

Wayin will occasionally update this Privacy Policy to reflect changes in our practices or the law. We reserve the right to update or modify this Privacy Policy at any time and without prior notice, by posting a link to the revised version of this Privacy Policy on our Site. Use of our Site or any Services following any such change constitutes your agreement that all Information collected from or about you after the revised Privacy Policy is posted will be subject to the terms of the revised Privacy Policy. If we make any material changes to this Privacy Policy, we will make additional efforts to notify you in accordance with applicable law. You may access the current version of this Privacy Policy at any time by clicking on the link marked “Privacy Policy” at the bottom of most pages of our Site. To the extent rules or guidelines affecting your use of the Site or Services are found on other pages of the Site or in the Services, those rules and guidelines are hereby incorporated by reference into this Privacy Policy. Wayin encourages you to periodically review this Privacy Policy to be informed of how Wayin is protecting, collecting, sharing, or otherwise using your Information.

Accessing, Modifying or Deleting Your Personal Information

You may access any PII we hold about you. To do so, please contact us at clientservices@wayin.com.

Further, we respect your right to make choices about the ways we collect, use, process and disclose your PII. You may update or modify your Information or change your preferences at any time by sending an email to privacy@wayin.com.

If you wish to modify or delete any Information related to your account with a social media platform through which you have provided Social Media Content, you must comply with the applicable procedures designated by that platform. However, if you wish to delete any PII you inadvertently included in Social Media Content which is displayed on one of our Services, you may also contact us at clientservices@wayin.com.

Children’s Privacy

This Site and our Services are not intended for use by children under the age of 13. We do not direct any portion of the Site or any Services to individuals under the age of 13, and individuals under age 13 should not use this Site or our Services. If you learn that your child has provided PII to a social media platform without your consent, and that PII is being displayed in one of our Services, please contact the applicable social media platform using the contact information they have designated in their own policies, or contact us at privacy@wayin.com.

In the event a minor submits PII on our Site, parents may review, edit, request the deletion, or prevent further collection or use of their minor child’s PII. Parents may also choose to agree to the collection and use of their child’s information, but not allow disclosure of such information to third parties unless it is inherently part of the Site. Parents may request any of these actions, or make inquiries regarding our privacy practices, by sending an email or letter to us at the address below.

Contact Information

Wayin welcomes your comments regarding this Privacy Policy. If you have any questions about our practices with regard to your PII or Non-PII, or if you believe that Wayin has not adhered to this Privacy Policy, please contact Wayin at privacy@wayin.com or at the address below.

Wayin Inc.
1625 Blake St.
Denver, CO 80202

This Privacy Policy is effective on March 16, 2017.