Privacy Policy & Terms

Effective Date: October 20, 2024

TONWIN ("we" or "our") operates the TONWIN platform and is committed to protecting your privacy and ensuring that your use of our services is governed by clear terms. This document outlines both the privacy policy and the terms of use, describing how we collect, use, and safeguard your personal information, as well as the conditions under which you may use our platform.

By using the TONWIN platform, you agree to the collection and use of information in accordance with this Privacy Policy and the terms outlined here. Unless otherwise defined, terms used in this document have the same meanings as in other sections of our platform.

We collect various types of information for different purposes to provide and improve our services for you.

1. Personal Data: While using our platform, we may ask you to provide personally identifiable information that can be used to contact or identify you ("Personal Data"). This may include, but is not limited to:
   • Encrypted Wallet Address
   • Email Address
   • Phone Number
   • Username

1. Usage Data: We may also collect information about how the platform is accessed and used ("Usage Data"). This data may include:
   • Your device's Internet Protocol address (IP address)
   • Browser type and version
   • The pages of our platform that you visit
   • The time and date of your visit
   • The time spent on those pages
   • Unique device identifiers
   • Other diagnostic data

1. Cookies and Tracking Data: We use cookies and similar tracking technologies to track activity on our platform and store certain information. Cookies are small data files placed on your device. They allow us to remember your preferences, analyze trends, and improve our services. You can instruct your browser to refuse all cookies, but some portions of our platform may not function properly without them.

The TONWIN platform includes, but is not limited to, the following domains and access methods:

• Domains: *.tonwin.win and its subdomains.
• Access Methods: The platform can be accessed via websites, mobile applications (APPs), or mini-programs.

We may collect the following data when you log in to our platform through authorized third-party accounts (e.g., Telegram):

• Third-party account username
• Nickname
• Profile picture

By logging into the platform using a third-party account, you agree to the collection of such data and consent to the terms outlined in this Privacy Policy and the Terms of Use. Additionally, you agree to abide by all conditions and agreements set forth within this document.

We use the collected data for various purposes to provide and improve our services, ensure a seamless user experience, and comply with legal requirements. The primary purposes of using your data include:

1. Service Provision and Maintenance:
   • We use your personal and usage data to operate and maintain the TONWIN platform and ensure the proper functioning of all features, including account login, access to rewards, and usage of platform services.

1. Service Improvement:
   • Data helps us understand user preferences and behavior. We use this data to make improvements to the user experience, enhance security measures, and optimize the platform’s performance.

1. Customer Support:
   • Your data is used to respond to support requests, help resolve issues with your account, and provide timely assistance for technical or account-related problems.

1. Notifications and Updates:
   • We may use your contact information to notify you about changes to the platform, system updates, feature improvements, or policy changes. Notifications may also include important reminders about rewards, account status, or actions required on your part.

1. Legal Compliance and Risk Management:
   • We may use your data to comply with applicable legal obligations, respond to lawful requests, or protect the platform’s legal rights. This includes enforcing our terms of service and preventing any unauthorized access or usage of the platform.

1. Marketing and Promotions (with Consent):
   • With your explicit consent, we may use your data to inform you about special offers, promotions, or marketing initiatives related to TONWIN services. You can opt out of receiving such communications at any time.

1. Data Analysis and Research:
   • We may use aggregated or anonymized data for analysis to understand trends, track platform usage, and improve decision-making. This helps us provide better services and improve our business operations.

We may disclose your personal data in certain circumstances as described below. These disclosures are made to ensure legal compliance, platform functionality, or to protect the rights and safety of our users and the platform.

1. Legal Requirements:
   • TONWIN may disclose your personal data if required by law or in response to valid legal requests, such as subpoenas, court orders, or government demands. We may disclose data to:
     • Comply with a legal obligation.
     • Protect and defend the rights or property of TONWIN.
     • Prevent or investigate potential misconduct related to the platform.
     • Protect the personal safety of platform users or the public.
     • Safeguard against legal liability.

1. Service Providers:
   • We may share your data with third-party service providers who perform tasks on our behalf, such as:
     • Hosting services, cloud storage, or data analytics.
     • Customer support or communication services.
     • Marketing or promotional assistance (with your consent).
   • These service providers only access your data to perform their tasks and are contractually obligated to keep your data confidential and secure.

1. Business Transfers:
   • In the event of a merger, acquisition, or asset sale, your personal data may be transferred as part of the business transaction. We will ensure that your data remains subject to the same privacy protections after any such transfer.

1. With Your Consent:
   • In cases where you have provided explicit consent, we may disclose your personal data to third parties for purposes not covered by this privacy policy. You retain the right to withdraw your consent at any time.

1. Aggregated or Anonymized Data:
   • We may share aggregated or anonymized data with partners, advertisers, or other third parties. This data cannot be used to identify you and is only shared for analytical or business improvement purposes.

TONWIN takes the security and privacy of your data seriously and implements industry-standard security measures to protect your personal information. However, it is important to understand that no system is completely secure.

1. Data Storage Locations:
   • Your data may be stored and processed on servers located outside of your country or region. These servers may be in locations where data protection laws differ from those in your jurisdiction. We ensure that your data is subject to strict privacy and security protections, regardless of where it is processed.

1. Security Measures:
   • We employ a variety of security technologies and procedures to help protect your personal data from unauthorized access, use, or disclosure. These measures include:
     • Encryption: Data is encrypted both in transit and at rest to prevent unauthorized access.
     • Access Controls: We limit access to personal data to employees, contractors, and agents who need that information to operate, develop, or improve our services. These individuals are bound by confidentiality obligations.
     • Firewalls and Monitoring: We use firewalls and other monitoring systems to prevent security breaches and detect potential vulnerabilities.

1. Risks and User Responsibilities:
   • While we strive to use commercially acceptable means to protect your data, no method of transmission over the internet or method of electronic storage is 100% secure. We cannot guarantee the absolute security of your data.
   • It is the user's responsibility to ensure the confidentiality of their account login credentials (including passwords) and to take appropriate steps to prevent unauthorized access to their account.

1. Data Retention:
   • We will retain your personal data only for as long as is necessary for the purposes outlined in this privacy policy, such as providing services to you, complying with legal obligations, resolving disputes, and enforcing our agreements.
   • After this retention period, we will delete or anonymize your personal data, unless a longer retention period is required or permitted by law.

1. Data Breach Protocol:
   • In the unlikely event of a data breach that affects your personal data, we will promptly notify you in accordance with applicable laws and regulations. We will also take immediate steps to contain the breach and mitigate any potential harm.

As a user of the TONWIN platform, you have certain rights regarding the collection, use, and storage of your personal data. We respect your rights and strive to provide transparency and control over how your data is managed. However, please note that the exercise of these rights is subject to applicable legal obligations and certain limitations as outlined below:

1. Right to Access:
   • You have the right to request access to the personal data we hold about you. This includes information about the purposes of the data collection, the categories of data we process, and the third parties with whom we share the data. Access requests may be subject to limitations based on legal or security concerns.

1. Right to Rectification:
   • If you believe the information we hold about you is inaccurate or incomplete, you have the right to request that we correct or update that information. We encourage you to keep your account information up to date.

1. Right to Deletion (Right to be Forgotten):
   • You may request the deletion of your personal data, but this right is subject to certain legal and regulatory restrictions. We may retain your data if required to do so by law, or if the retention is necessary for the resolution of legal claims or compliance with requests from law enforcement authorities or other governmental entities.
   • The platform reserves the right to determine the legitimacy of such deletion requests and is under no obligation to disclose how the data is processed or whether the deletion will be carried out. The platform also reserves the right not to respond to deletion requests under certain circumstances, particularly where such responses may violate legal requirements.

1. Right to Data Portability:
   • You have the right to request a copy of your personal data in a structured, commonly used, and machine-readable format. However, this right is subject to the legal and operational feasibility of transferring your data.

1. Right to Restrict Processing:
   • Under certain conditions, you have the right to request that we restrict the processing of your personal data. This means we will only store your data and take no further actions with it unless necessary for legal reasons or under the platform’s discretion, based on legal or regulatory obligations.

1. Right to Object:
   • You have the right to object to the processing of your personal data if it is based on our legitimate interests or for direct marketing purposes. We will stop processing your data for these purposes unless legal grounds require us to continue the processing.

1. Right to Withdraw Consent:
   • If we process your personal data based on your consent, you have the right to withdraw that consent at any time. Once consent is withdrawn, we will no longer process your data for the specific purpose to which the consent was given, unless there is another legal or regulatory basis for the processing.

1. Exercising Your Rights:
   • To exercise any of the above rights, please contact us via the information provided below. We may need to verify your identity before processing your request to protect your privacy and security. However, the platform reserves the right not to disclose the result of the request’s outcome if doing so conflicts with legal obligations or platform security policies.

We may update our Privacy Policy from time to time to reflect changes in our practices, legal requirements, or platform services. Any updates to the Privacy Policy will be posted on this page, and the "Effective Date" at the top of the policy will be revised accordingly.

1. Notification of Changes:
   • We will notify you of significant changes to the Privacy Policy through the contact methods you have provided, including but not limited to email, Telegram, or updates on our official social media channels. All changes will be based on the most recent information, and you are encouraged to review this Privacy Policy periodically for any updates.

1. User Acceptance of Changes:
   • By continuing to use the platform after any changes to this Privacy Policy are made, you accept and agree to the updated terms. If you do not agree with the updated terms, you must stop using the platform immediately.

If you have any questions or concerns about this Privacy Policy, the Terms of Use, or how your data is handled on the TONWIN platform, please feel free to contact us using the information below:

• Email: support@tonwin.com
• Customer Support: Available through our website or app under the "Help" section.

We will do our best to respond to your inquiries promptly and address any concerns you may have regarding your privacy and data protection.

Effective Date: October 20, 2024

This Terms of Use ("Agreement") governs your access to and use of the TONWIN platform, including but not limited to websites, applications, and mini-programs (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, you must immediately cease using the Platform.

Your use of the Platform is also subject to our Privacy Policy, which is incorporated by reference into this Agreement. By accepting these Terms of Use, you also acknowledge that you have read and agree to the terms outlined in the Privacy Policy.

1.1 Eligibility:

• You must be at least 18 years of age, or have reached the legal age of majority in your jurisdiction, to use the Platform. By registering or using the Platform, you represent and warrant that you meet this requirement.

1.2 Account Registration and Third-Party Login:

• You may access the Platform by using a third-party login, such as Telegram. By doing so, you authorize us to collect and use certain account information from the third-party service, including but not limited to your username, nickname, and profile picture. By logging into the Platform using a third-party service, you expressly consent to be bound by this Agreement and our Privacy Policy.
• In certain cases, we may request additional information, such as your email address or phone number, for verification or customer support purposes. By providing such information, you agree to our collection, storage, and use of this data in accordance with our Privacy Policy.

1.3 Account Responsibility:

• You are solely responsible for maintaining the confidentiality of your login credentials for third-party services used to access the Platform. You are also responsible for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account or any other breach of security.
• The Platform is not liable for any loss or damage arising from your failure to comply with these obligations.

1.4 Account Suspension or Termination:

• We reserve the right to suspend, restrict, or terminate your access to the Platform at any time, with or without notice, if we determine that you have violated this Agreement, engaged in fraudulent or unlawful activities, or otherwise compromised the security or integrity of the Platform. In the event of termination, any virtual currency or assets associated with your account may be forfeited, and further access to the Platform may be permanently blocked.

2. Platform Usage and Virtual Currency

2.1 Authorization of Third-Party Account Access

• By logging into the Platform through an authorized third-party service, such as Telegram, you grant us access to certain information, including but not limited to, your username, nickname, and profile picture. By using the Platform, you agree to these Terms of Use and our Privacy Policy and consent to the collection and use of data in accordance with these terms.

2.2 Virtual Currency

• The Platform offers various forms of virtual currency, including, but not limited to, Gold Coins, Points, Bonus Points, and Tokens (collectively referred to as "Virtual Currency"), which are solely intended for in-platform use and hold no intrinsic monetary value. Virtual Currency does not constitute actual currency or legal tender, nor can it be exchanged for such outside the Platform.

2.3 Usage of Complimentary and Purchased Virtual Currency

• All complimentary Virtual Currency provided by the Platform is given at the sole discretion of the Platform for entertainment purposes only. Any complimentary Virtual Currency granted to users remains the property of the Platform, and the Platform assumes no liability for any loss, expiration, or inability to access such complimentary Virtual Currency, regardless of the reason.

2.4 Purchased Virtual Currency Expiration and Compensation Policy

• Virtual Currency acquired through purchase must be utilized within 180 days from the date of purchase ("Usage Period"). Upon the expiration of this period, any unused Virtual Currency shall automatically become void and inaccessible to the user without compensation. In the event that a loss of purchased Virtual Currency occurs within the 180-day Usage Period due to reasons attributable solely to the Platform, the Platform may, at its discretion, provide compensation in the form of replacement Virtual Currency equivalent to the amount lost. No cash or monetary refund shall be issued under any circumstances.

2.5 No Cash Redemption

• Virtual Currency, whether complimentary or purchased, is strictly limited to use within the Platform and cannot be redeemed, refunded, or converted into real-world cash, legal tender, or financial assets under any conditions.

2.6 Modification or Termination of Virtual Currency and Bonuses

• The Platform reserves the exclusive right to modify, adjust, suspend, or terminate the use, distribution, or availability of any form of Virtual Currency, bonuses, rewards, or incentives at any time, with or without notice. The Platform shall not be held liable for any loss, modification, or revocation of Virtual Currency or related rewards.

3.1 Prohibited Activities:
You agree not to engage in any of the following prohibited activities while using the Platform:

• Multiple Account Registration: Registering or using multiple accounts to obtain free Gold Coins, Points, or other game-related benefits is strictly prohibited.
• Reverse Engineering or Packet Sniffing: Any attempts to reverse-engineer, decompile, disassemble, or otherwise tamper with the Platform’s code, systems, or transmissions, including packet sniffing or intercepting communications, are strictly forbidden.
• Server Attacks or Disruption: Conducting or attempting to conduct denial-of-service (DoS) attacks, distributed denial-of-service (DDoS) attacks, or other activities that disrupt or interfere with the Platform’s servers or services is prohibited. This includes, but is not limited to, using automated tools, bots, or scripts to overload the Platform's systems.
• Fraudulent or Deceptive Conduct: Engaging in any activity that is fraudulent, deceptive, or designed to manipulate the Platform, including identity theft or misrepresentation, is strictly prohibited.

3.2 Account Security and Protection:

• The Platform will never ask users for personal information such as passwords, and it will not contact users directly to request such information. You are solely responsible for safeguarding your login credentials and account information.
• Users are encouraged to protect their personal information and ensure the security of their accounts. Any unauthorized use of your account or any breach of security should be reported to the Platform immediately.

3.3 Enforcement and Account Termination:

• The Platform reserves the right to suspend or terminate any account that violates these Terms of Use. This includes, but is not limited to, cases where users engage in prohibited activities such as multiple account registration for the purpose of gaining free benefits, hacking, or attempting to disrupt the Platform's services.
• In cases of violations, the Platform may fully ban the user’s account, and all associated virtual currencies or game-related privileges may be forfeited. The Platform is under no obligation to provide notice, explanation, or justification for account suspension or termination. All decisions regarding enforcement of these Terms of Use are at the sole discretion of the Platform and are final.

4.1 Platform Modifications:

• The Platform reserves the right to modify, suspend, or discontinue any part of the Platform’s services, features, or virtual currencies at its sole discretion without prior notice. The Platform shall not be liable for any modifications or discontinuation of services.

4.2 Account Suspension and Termination:

• The Platform has the sole authority to suspend or terminate any user account at any time for violations of these Terms of Use, including fraudulent activities, security breaches, and disruptive behaviors.
• In the event of termination, all virtual currencies, Points, Gold Coins, or other rewards accumulated by the user will be forfeited. The Platform will not provide any compensation for such forfeitures, and users waive any right to dispute the Platform's decision.

4.3 Finality of Platform Decisions:

• The Platform reserves the right to make all determinations related to the enforcement of these Terms of Use at its sole discretion. Users acknowledge and agree that the Platform’s decisions regarding account termination, suspension, or the removal of virtual currency are final and cannot be contested.

5.1 No Liability for Virtual Currency or Digital Items:

• The Platform shall not be held liable for any loss, deletion, or modification of Virtual Currency, Points, Gold Coins, Tokens, or any other digital items obtained or accumulated within the Platform. These Virtual Currencies and related digital items are provided solely for entertainment purposes and hold no intrinsic real-world value. Users acknowledge and agree that the acquisition or possession of such Virtual Currency does not confer any ownership rights, nor does it represent any form of real-world monetary value. The Platform assumes no responsibility for any perceived or actual loss of Virtual Currency or digital items.

5.2 No Liability for Service Interruptions:

• The Platform shall not be liable for any interruption, suspension, or discontinuation of its services, nor for any loss of data, Virtual Currency, or game progress that may result from such interruptions. This includes but is not limited to interruptions caused by maintenance, system upgrades, or unforeseen technical difficulties. The Platform makes no warranties regarding the continuous availability or performance of its services.

5.3 KYC (Know Your Customer) and Identity Verification for Claims:

• In the event that a user seeks to make a claim for damages or compensation related to their use of the Platform, the user must first contact the Platform’s customer service department to initiate the claims process. Before proceeding with any claim, the user must complete a Know Your Customer (KYC) verification process to verify their identity.
• As part of the KYC process, the user will be required to provide documentation, including but not limited to:
  • The phone number associated with the user’s Telegram account used to access the Platform.
  • A copy of the user’s telecommunications bill showing the user’s full name and the phone number associated with the Telegram account.
  • A valid, government-issued identification document, such as a passport, driver’s license, or national identity card, to verify the user’s identity.
  • Proof of Payment, including but not limited to credit card statements, bank transfer receipts, or payment confirmation from any third-party payment channel used to purchase Virtual Currency or recharge the account in question.
• All documents provided must clearly demonstrate that the Telegram account, the payment method, and the identity information belong to the same individual. Only after verifying that the user is the rightful owner of the account, the payment method, and the related documents will the claims process proceed.
• The Platform reserves the right to request additional documentation as necessary to substantiate the user’s identity and ownership of the account. Failure to provide the required documentation or to satisfactorily verify identity may result in the denial of the claim.

5.4 Limitation of Damages:

• To the maximum extent permitted by law, the Platform, its affiliates, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, Virtual Currency, or goodwill, arising out of or related to the use of the Platform, even if the Platform has been advised of the possibility of such damages.

5.5 Cap on Liability:

• In any event, the total aggregate liability of the Platform for any claims arising out of or related to the use of the Platform shall not exceed the greater of:
  • (a) the total amount the user has spent on purchasing Virtual Currency within the 12 months preceding the event giving rise to the claim, or
  • (b) $100 USD.

5.6 Acknowledgement of Risk:

• By using the Platform, users acknowledge and agree that they assume all risks associated with the use of Virtual Currency and other digital items, including but not limited to the risk of loss due to technical failures, unauthorized access, or account-related issues. The Platform provides no warranties or guarantees regarding the continued availability, security, or performance of Virtual Currency, digital items, or the Platform’s services.

6.1 Platform Provided "As Is":

• The Platform, including all services, Virtual Currency, Points, Tokens, rewards, and content, is provided on an “as is” and “as available” basis, meaning that the Platform does not make any express or implied warranties regarding the availability, reliability, or performance of the services provided. The Platform offers its services and virtual mechanisms in their current form, without any guarantee that they will meet user expectations or requirements.

6.2 No Liability for External Exchanges:

• Users may choose to exchange or trade Virtual Currency, Points, Tokens, or rewards outside of the Platform. However, the Platform does not endorse, facilitate, or guarantee the security or legitimacy of such exchanges. Any disputes, losses, or issues arising from the external exchange or trade of Virtual Currency or rewards are solely the responsibility of the user.
• The Platform assumes no responsibility or liability for any user actions or agreements made outside of the Platform, including but not limited to the exchange, sale, or trade of Virtual Currency, Points, or rewards for real-world assets, goods, or services. Users are advised to exercise caution and protect their own assets when engaging in such transactions.

6.3 No Warranties for Content and Services:

• The Platform does not warrant that the services, content, or features offered will be uninterrupted, error-free, or secure. Additionally, the Platform makes no guarantees regarding the accuracy, reliability, or completeness of any content or information provided on the Platform.
• Users are solely responsible for any decisions made based on information or services obtained from the Platform, and they assume all risks associated with their use of the Platform.

6.4 No Implied Warranties:

• To the fullest extent permitted by applicable law, the Platform disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The Platform provides no guarantees that the services or Virtual Currency offered will meet user expectations or that the platform will remain free from technical defects or security vulnerabilities.

6.5 Disclaimer of External Disputes:

• The Platform shall not be held liable for any external disputes or claims arising from the user's personal exchanges or dealings outside of the Platform. Users acknowledge that their decision to exchange Virtual Currency or rewards for real-world items or services is made at their own discretion, and the Platform does not intervene in or mediate such exchanges. Users are solely responsible for protecting their personal assets and ensuring that their external transactions comply with applicable laws.

6.6 No Warranties Regarding Virtual Currency:

• The Platform does not guarantee the continued availability, functionality, or value of any Virtual Currency, Points, Tokens, or rewards within the Platform. Users acknowledge that Virtual Currency and related items may be modified, revoked, or discontinued at the Platform’s discretion, and that such modifications do not entitle users to compensation.

These Terms of Use are governed by the laws of the Hong Kong Special Administrative Region (HKSAR), including but not limited to the Hong Kong Arbitration Ordinance, without regard to conflict of law principles.

Any dispute arising out of or related to the platform, including Virtual Currency or services, shall be resolved through binding arbitration under the rules of the Hong Kong International Arbitration Centre (HKIAC). The arbitration will take place in Hong Kong and be conducted in English.

Users waive any right to participate in class actions or collective legal proceedings. All disputes must be individually resolved through arbitration.

Claims must be filed within six (6) months after the event giving rise to the claim. Failure to do so will result in the claim being permanently barred.

The platform reserves the right to seek injunctive relief or other equitable remedies in a court of competent jurisdiction for intellectual property or proprietary rights protection. Arbitration does not apply in such cases.

8.1 Entire Agreement:

• These Terms of Use, together with the Privacy Policy and any other legal notices posted by the Platform, constitute the entire agreement between you and the Platform regarding your use of the Platform and supersede any prior agreements, whether written or oral.

8.2 Severability:

• If any provision of these Terms of Use is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

8.3 No Waiver:

• The failure of the Platform to enforce any provision of these Terms of Use shall not be construed as a waiver of any right to enforce such provision at a later time.

8.4 Assignment:

• You may not assign or transfer your rights or obligations under these Terms of Use without the prior written consent of the Platform. The Platform may freely assign its rights and obligations under these Terms without restriction.

8.5 Force Majeure:

• The Platform shall not be liable for any failure to perform its obligations due to causes beyond its reasonable control, including but not limited to natural disasters, war, acts of terrorism, government actions, or technical disruptions.

8.6 Notices:

• All notifications or amendments to these Terms of Use shall be communicated via the Platform’s official channels, including but not limited to Telegram, official social media accounts, or other appropriate means. Such notifications shall be effective upon issuance and are not subject to negotiation. Updated Terms will be available on the Platform’s official website.

8.7 Headings:

• Headings in these Terms of Use are for reference purposes only and do not affect the interpretation of the provisions.

8.8 Survival:

• Provisions that by their nature should survive termination, including but not limited to those regarding ownership, indemnification, disclaimers, and limitations of liability, shall remain in effect after the termination of your use of the Platform.