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Intellectual PropertyAll intellectual property rights in the Wing Platform shall be owned by Wing absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Wing Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information ("Submissions") provided by you to us are non-confidential and shall become the sole property of Wing. Wing shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Wing and other Wing logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Wing in the United States and/or other countries (collectively, the "Wing Marks"), referenced directly below in but not limited to blue shades
If you provide Services as a Fulfiller, Wing grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Wing Marks solely in connection with providing the Services through the Wing Platform ("License"). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Wing's prior written permission, which it may withhold in its sole discretion. The Wing Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Wing is the owner and licensor of the Wing Marks, including all goodwill associated therewith, and that your use of the Wing Marks will confer no additional interest in or ownership of the Wing Marks in you but rather inures to the benefit of Wing. You agree to use the Wing Marks strictly in accordance with Wing's Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Wing determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that incorporate the Wing Marks or any derivatives of the Wing Marks other than as expressly approved by Wing in writing; (2) use the Wing Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Wing Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Wing's rights as owner of the Wing Marks or the legality and/or enforceability of the Wing Marks, including, without limitation, challenging or opposing Wing's ownership in the Wing Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Wing Marks, any derivative of the Wing Marks, any combination of the Wing Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Wing Marks; (5) use the Wing Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Wing's sole discretion. If you create any materials bearing the Wing Marks (in violation of this Agreement or otherwise), you agree that upon their creation Wing exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Wing Marks or derivative works based on the Wing Marks. You further agree to assign any interest or right you may have in such materials to Wing, and to provide information and execute any documents as reasonably requested by Wing to enable Wing to formalize such assignment.
ConfidentialityWing respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Wing Platform or Services infringe upon your copyrights, please visit our Copy Policy Page or send us a message for information on how to make a copyright complaint.
Notice of Copyright Infringement
Wing respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Wing Platform infringe upon your copyrights, please send the following information to Wing's Copyright Agent at Wing, Inc,, 283 Berkeley Ave, Irvine CA 92612:
(1) a description of the copyrighted work that you claim has been infringed, including specific location on the Wing Platform where the material you claim is infringed is located. Include enough information to allow Wing to locate the material, and explain why you think an infringement has taken place;
(2) a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
(3) your address, telephone number, and e-mail address;
(4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(5) a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(6) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Wing's business, operations and properties, including User information ("Confidential Information") disclosed to you by Wing for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Wing in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Wing with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Wing or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Wing; becomes known to you, without restriction, from a source other than Wing without breach of this Agreement by you and otherwise not in violation of Wing's rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Wing to enable Wing to seek a protective order or otherwise prevent or restrict such disclosure.
Information We Collect
A. Information You Provide to UsRegistration Information. When you sign up for a Wing account, you give us your name, email address, and phone number. If you decide to sign up for Wing using your Facebook account, we will also get basic information from your Facebook profile like your name, gender, profile photo, and Facebook friends.
User Profile Information. When you join the Wing community, you can create a Wing Profile to share fun facts about yourself, and discover mutual friends and interests. Filling out a profile is optional, and you can share as little or as much as you want. Your name (and for Fulfillers, Profile photos) is always part of your Profile. Read more below about how you can control who sees your Profile. You can also add a Business Profile to your account, which requires a designated business email address and payment method.
Payment Method. When you add a credit card or payment method to your Wing account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.
Fulfiller Application Information. If you decide to join our Wing Fulfiller community, in addition to the basic registration information we ask you for your date of birth, physical address, Social Security number, Fulfiller's license information, vehicle information, car insurance information, and in some jurisdictions we may collect additional business license or permitting information. We share this information with our partners who help us by running background checks on Fulfillers to help protect the Wing community.
Payment Information. To make sure Fulfillers get paid, we keep information about Fulfillers' bank routing numbers, tax information, and any other payment information provided by Fulfillers.
B. Information We Collect When You Use the Wing PlatformLocation Information. Wing is all about connecting Fulfillers and Users. To do this, we need to know where you are. When you open Wing on your mobile device, we receive your location. We may also collect the precise location of your device when the app is running in the foreground or background. If you label certain locations, such as "home" and "work," we receive that information, too.
Your location information is necessary for things like matching Users with nearby Fulfillers, determining drop off and pick up locations, and suggesting destinations based on previous trips. Also, if the need ever arises, our Trust & Safety team may use and share location information to help protect the safety of Wing Users or a member of the public. In addition to the reasons described above, Fulfillers' location information and distance travelled is necessary for calculating charges and insurance for Wing rides. If you give us permission through your device settings or Wing app, we may collect your location while the app is off to identify promotions or service updates in your area.
Device Information. Wing receives information from Users' devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and, if you register with your Facebook account, your Facebook identifier. We collect mobile sensor data from Fulfillers' devices (such as speed, direction, height, acceleration or deceleration) to improve location accuracy and analyze usage patterns.
Usage Information. To help us understand how you use the Wing Platform and to help us improve it, we automatically receive information about your interactions with the Wing Platform, like the pages or other content you view, your actions within the Wing app, and the dates and times of your visits.
Call and Text Information. We work with a third party partner to facilitate phone calls and text messages between Users and Fulfillers who have been connected for a ride. We receive information about these communications including the date and time of the call or SMS message, the parties' phone numbers, and the content of any SMS messages. For security purposes, we may also monitor and/or record the contents of phone calls made on the Wing Platform, such as those between Users and Fulfillers. You will be given notice that your call may be recorded, and by proceeding you agree to allow Wing to monitor and/or record your call.
User Feedback. At Wing, we want to make sure Users are always enjoying great rides. Users and Fulfillers may rate and review each other at the end of every ride. We receive information about ratings and reviews and, as we explain below, give Users C. Information We Collect from Third Parties
Third Party Services. If you choose to register for Wing or otherwise link your Wing account with a third party's service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.
Third Party Partners. We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.
Enterprise Programs. If your company, university, or organization participates in one of our enterprise programs such as Wing for Work, we may receive information about you, such as your email address, from your participating organization. We also may give your participating organization the opportunity to request a ride on your behalf, in which case they may provide us with your name, phone number, and the pickup and drop off location for your ride.
Background Information on Fulfillers. Wing works with third party partners to perform driving record and criminal background checks on Fulfillers, and we receive information from them such as publicly available information about a Fulfiller's driving record or criminal history.
How We Use the Information We CollectWe use the information we collect from all Users to:
Connect Users with Fulfillers;
Provide, improve, expand, and promote the Wing Platform;
Analyze how the Wing community uses the Wing Platform;
Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;
Personalize the Wing experience for you and your friends and contacts;
Send you text messages and push notifications;
Facilitate transactions and payments;
Provide you with customer support;
Find and prevent fraud; and
Respond to trust and safety issues that may arise, including auto incidents, disputes between Users and Fulfillers, and requests from government authorities.
Additionally, we use the information we collect from Fulfillers for the following purposes related to driving on the Wing Platform:
Sending emails and text messages to Fulfillers who have started the Fulfiller application process regarding the status of their application;
Determining a Fulfiller's eligibility to drive for Wing
Notifying Fulfillers about ride demand, pricing and service updates; and
Calculating and providing Wing's auto insurance policy and analyzing usage patterns for safety and insurance purposes.
How We Share the Information We Collect
A. Sharing Between UsersSharing between Users and Fulfillers. Users and Fulfillers that have been matched for a ride are able to see basic information about each other, such as names, photo, ratings, and any information they have added to their Profiles. Users and Fulfillers who connect their Wing accounts to Facebook will also be able to see their mutual Facebook friends during the ride. Fulfillers see the pick-up location that the Rider has provided. Users see a Fulfiller's vehicle information and real-time location as the Fulfiller approaches the pick-up location. Users' ratings of Fulfillers are shared with Fulfillers on a weekly basis. We de-identify the ratings and feedback, but we can't rule out that a Fulfiller may be able to identify the Rider that provided the rating or feedback.
Although we help Users and Fulfillers communicate with one another to arrange a pickup, we do not share your actual phone number or other contact information with other Users. If you report a lost or found item to us, we will seek to connect you with the relevant Rider or Fulfiller, including sharing actual contact information with your permission.
Sharing between Wing Line Users. If you use Wing Line, Users who have been matched with you will be able to see your name, photo and any information you have added to your Profile. If you connect your Wing account to Facebook (such as by signing up through Facebook), we may show your mutual friends with other Users who are also connected via Facebook. During the Wing Line matching process we may show photos of possible matches to you and other Users.
B. Sharing Between Wing and Third PartiesAPI and Integration Partners. If you connect to the Wing Platform through an integration with a third party service, we may share information about your use of the Wing Platform with that third party. We may share your information with our third party partners in order to receive additional information about you. We may also share your information with third party partners to create offers that may be of interest to you.
Third Party Services. The Wing Platform may allow you to connect with other websites, products, or services that we don't have control over (for example, we may give you the ability to order a food delivery from a restaurant from within the Wing app). If you use these services, we will provide the third party with information about you to allow them to provide the service to you (for example, we would give the restaurant your name, phone number and address to drop off the food). We can't speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.
Other Sharing. We may share your information with third parties in the following cases:
Mobile ApplicationA. We currently provide our services on our mobile application "app" for little to no cost but be aware that your carrier rates such as text messages, and data charges will still apply and you will be responsible for such cost.
B. We currently provide services on our website for little to no cost beware that your carrier rates still apply and charges you receive will not signify or entail that Wing is responsible. You will be responsible for such chost.
DeactivationA. At your sole discretion, you may deactivate your account with Wing.
B. You will be responsible for paying any bills posted on your account prior to your deactivation.
Modification to the Agreement
A. Wing Inc. reserves the right to modify the terms and conditions of this Agreement. Wing reserves the right to change or modify information referenced through Agreement forms, including arbitrations provisions where herein does not create a renewed opportunity to opt out of arbitration. As such, the continued use of the Wing application or website service will constitute as your consent to such changes.
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Last Edited on Effective Date