Privacy Policy

Last updated: January 27, 2021

Thank you for using our website.  We are committed to protecting your privacy and, for that reason, we have adopted this Privacy Policy to explain our data collection, use, and disclosure practices for the online services provided by WinCup, Inc. (including its websites, web-based applications, and any other tools, products, or services provided by WinCup, Inc. that link to or reference this Privacy Policy) (collectively, the “Services”).  The Services are owned and operated by WinCup, Inc., a Delaware corporation (“WinCup,” “we,” “us,” or “our”).

If you reside in the State of California, please click here to learn more about your privacy rights. To the extent that there is a conflict between this Privacy Policy and the Privacy Notice for California Residents, the Privacy Notice for California Residents will prevail with respect to California Residents (as defined below) only. 

This Privacy Policy applies to information WinCup collects through the Services, including the wincup.com, phadeproducts.com, viofoam.com, and shop.phadeproducts.com websites, as well as other information provided to us online or offline by third parties, when we associate that information with customers or users of the Services; however, it does not apply to information collected from our employees, contractors, or vendors.  It also does not apply to information that you ask us to share with third parties or is collected by Online Tool Providers (as further described below).  You acknowledge and agree that WinCup is not responsible for the data collection or use practices of any other Services user or third party utilized in providing the Services. 

This Privacy Policy describes, among other things: 

• Personal and other information we collect about you;
• How we use your information;
• How we may share your information with third parties; and
• Your choices regarding the personal information we collect about you.

1. Consent

By accessing or using the Services, you consent to this Privacy Policy.  If you do not agree with this Privacy Policy, please do not access or use the Services.  Information gathered through the Services may be transferred, used, and stored in the United States or in other countries where our service providers or we are located.  If you use the Services, you agree to the transfer, use, and storage of your Personal Information (as defined below) in those countries. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the Services or WinCup are deemed to occur in the United States, where our servers are located.

When you register for, or use our Services, we collect Personal Information.  By “Personal Information” we mean information that can identify or reasonably be linked to an individual, such as:

2. Collection of Your Personal and Other Information

• Names;
• Personal or business addresses;
• Email addresses;
• Phone numbers; and
• Credit card information (which you submit for payment purposes and which is collected by our payment gateway service provider).

You may choose not to provide Personal Information, (subject to the controls offered by your mobile device’s operating system), but this may prevent you from receiving certain features of the Services.

We also collect non-Personal Information relating to the Services, that is, information that does not personally identify an individual.  The non-Personal Information we collect includes how you interact with the Services, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Services. 

Examples of the non-Personal Information we collect are:

• The pages of our website that you viewed during a visit;
• What information, content or advertisements you view or interact with using the Services;
• Language preferences;
• The city and state in which you are located (but not your precise geographic location); and
• Unique identifiers that are not connected and cannot reasonably be connected to your identity. 

We will not use non-Personal Information to try to identify you, and if we associate any non-Personal Information with information that personally identifies you, then we will treat it as Personal Information. As discussed in more detail below, we sometimes use cookies and other automatic information gathering technologies to gather non-Personal Information.

Information collected by the Services may be collected by us or one of our Service Providers or Online Tool Providers.

3. Use of Your Information

We may use the information we collect to:

• Assist us in providing, maintaining, and protecting the Services;
• Set up, maintain, and protect accounts to use the Services;
• Improve our online operations;
• Process transactions;
• ·       Shipping samples of products you request or products you purchase;
• Provide customer service;
• Communicate with you, such as provide you with account- or transaction-related communications, or other newsletters, RSS feeds, and/or other communications relating to the Services;
• Send or display offers and other content that is customized to your interests or preferences;
• Perform research and analysis aimed at improving our products and services and developing new products or services; and
• Manage and maintain the systems that provide the Services.

4. Disclosure of Your Information

 We do not sell your Personal Information but we may disclose your Personal Information to third parties as described below.     

We may disclose Personal Information to provide the Services, or when you authorize or instruct us to do so, for example when you use the Services to purchase our products or request samples of our products. We may also disclose Personal Information and non-Personal Information to Service Providers.  By “Service Providers” we mean companies, agents, contractors, service providers, or others engaged to perform functions on our behalf (such as processing of payments, provision of data storage, hosting of our website, marketing of our products and services, and conducting audits).   When we use a Service Provider, we require that the Service Provider use and disclose the Personal Information and non-Personal Information received from us only to provide their services to us or as required by applicable law.

We may also disclose Personal Information and non-Personal Information to Online Tool Providers.  By “Online Tool Provider” we mean a licensor of software that we include in, or use with, the Services, including an API or SDK, that provides a specialized function or service to us and that requires the transmission of Personal Information and/or non-Personal Information to the Online Tool Provider.  Online Tool Providers may have the right to use Personal Information and non-Personal Information about you for their own business purposes.  Use and disclosure of Personal Information and non-Personal Information by an Online Tool Provider is described in its privacy policy.  See Section 5 below for some of the key Online Tool Providers we use.

We may also disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Services, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues. 

We also reserve the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company relating to the Services, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will use commercially reasonable efforts to notify you of such transfer, for example via email or by posting notice on our website.

Lastly, we may also disclose non-Personal Information, aggregated with information about our other users, to our clients, business partners, merchants, advertisers, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications. 

5. Cookies and Automatic Information Gathering Technologies

Every time you use the Services (e.g., access a Service webpage, navigate to a specific location within the Service mobile app), we collect Personal Information and non-Personal Information (discussed above in Section 2) regarding that use.  For example, to improve our Services, we collect how, when, and which parts of the Services or its features you use, which social media platforms you connect to the Services, and when, how, and what you post to the social media platforms through the Service app.  Also, we may use your device’s unique identifier (UDID) or other unique identifiers to assist us in collecting and analyzing this data.

To assist us in collecting and storing this non-Personal Information, we may employ a variety of technologies, including “Cookies,” local browser storage, and “web beacons,” “pixels,” or “tags.”  A “Cookie” is a small amount of data a website operator, or a third party whose content is embedded in that website, may store in your web browser and that the website operator or, as applicable, the third party, can access when you visit the website.  A web beacon, pixel or tag is a small, usually-transparent image placed on a web page that allows the operator of that image, which may be the operator of the website you visit or a third party, to read or write a Cookie.

Your operating system and web browser may allow you to erase information stored in Cookies and local browser storage. But if you do so, you may be forced to login to the Services again and you may lose some preferences or settings.  You may also be able to set your browser to refuse all website storage or to indicate when it is permitted, but some features of our Services may not function properly without it. We may use Cookies to keep you logged in, save your preferences for the Services, and to collect information about how you use our Services. 

More information about managing Cookies is available here. Cookie management tools provided by your browser may not affect Flash Cookies. More information about managing Flash Cookies is available here. To learn how to manage privacy and storage settings for your local browser storage, please refer to the end user documentation for your browser.

An Online Tool Provider may collect information automatically, in which case Personal Information and non-Personal Information it receives are subject to the Online Tool Provider’s privacy policy.  Some Online Tool Providers may allow you to opt out of certain collection and/or uses of your information.  You can read more here:

Google Analytics.

6. Transparency and Choice; Do Not Track Signals

You may request access to your Personal Information by sending an email to privacy@winup.com. We will try to locate and provide you with your Personal Information and give you the opportunity to correct this data, if it is inaccurate, or to delete it, at your request.   But, in either case, we may need to retain it for legal reasons or for legitimate business purposes. You may also remove any information that you provide to the Services using the deletion or removal options where available within the Service.  However, we (and you) are not able to control information that you have already made available to third parties through the Services.  

If you need further assistance with removing any information you provided to the Services, you can email us at privacy@wincup.com. Removal of your information may not ensure complete or comprehensive removal from our computer systems.

We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your Personal Information.  In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Please be aware thatif you ask us to delete your Personal Information, you may not be able to continue to use the Services.  Also, even if you request that we delete your Personal Information, we may need to retain certain information for a limited period of time to satisfy our legal, audit and/or dispute resolution requirements.

We support the development and implementation of a standard “do not track” browser feature that provides customers with control over the collection and use of information about their web-browsing activities. Once a standardized “do not track” feature is released, we intend to adhere to the browser settings accordingly.

You can opt out of receiving marketing e-mails from us by clicking on the “unsubscribe” link in the e-mails.  Please note that it may take up to ten (10) business days for your opt-out request to be processed.  Also, even if you opt out of marketing e-mails, we may continue to send you certain account-related e-mails, such as notices about your account and confirmations of transactions you have requested.

7. Residents of Nevada or Canada

Residents of Canada

If you have an objection to the use of your Personal Information as described in this Privacy Policy, you may file a complaint by sending an email to privacy@wincup.com.  We will attempt to accommodate your objection or complaint, but you understand that, to the extent you object to our processing of Personal Information that is necessary for us to provide the Services to you, certain features and functionalities of the Services may no longer be available to you.  Nothing in this Privacy Policy prejudices your rights to file a complaint with the Office of the Privacy Commissioner of Canada, and/or with any other applicable data protection authorities.

Residents of Nevada

            We do not sell your Personal Information.  However, you may contact us at privacy@wincup.com with questions.

8. Children

The Services are not intended for users under 18 years of age.  We do not knowingly collect Personal Information from users under 18 years of age.  We do not authorize users under 18 years of age to use the Services. 

9. Information Security

We utilize reasonable information security measures to safeguard your Personal Information against unauthorized access, modification, or destruction.  For example, we utilize Secure Socket Layer (SSL), Transport Layer Security (TLS), or similar encryption technology when sensitive data is transmitted over the Internet, and use firewalls to help prevent external access into our network.  However, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure.  Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.

We restrict access to Personal Information in our possession to our employees, Service Providers, and Online Tool Providers who need to know that information in order to operate, develop, improve or support our Services. If we share Personal Information with Service Providers or Online Tool Providers, we require that they also use reasonable information security measures to safeguard your Personal Information.

10. Third Party Websites 

Please note that the Services may link or integrate with third-party sites, services or apps.   We are not responsible for the privacy or security policies or practices or the content of such third parties.  Accordingly, we encourage you to review the privacy and security policies and terms of service of those third parties so that you understand how those websites collect, use, share and protect your information.

11. Changes to this Policy

We may modify or update this Privacy Policy periodically with or without prior notice by posting the updated policy on this page. You can always check the “Last Updated” date at the top of this document to see when the Privacy Policy was last changed.  If we make any material changes to this Privacy Policy, we will notify you by reasonable means, which may be by e-mail or posting a notice of the changes on our website [or through theService’s mobile app] prior to the changes becoming effective.  We encourage you to check this Privacy Policy from time to time.  IF YOU DO NOT AGREE TO CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES (WHICH IS THE “LAST UPDATED” DATE OF THIS PRIVACY POLICY).

12. Questions

To ask questions about our Privacy Policy or to lodge a complaint, contact us at: 

WinCup, Inc.

55 Ivan Allen Jr. Blvd NW, Suite 900,

Atlanta, GA 30308

Email: privacy@wincup.com

Privacy Notice for California Residents

This Privacy Notice for California Residents (the “Notice”) supplements the information contained in our Privacy Policy and applies only if you are a resident of the State of California (a “California Consumer”).

For purposes of this Notice “Sell,” “Selling,” “Sale,” or “Sold,” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, Personal Information to another business or a third party for monetary or other valuable consideration.

“Verifiable Request” means the identifying information provided by a California Consumer in connection with a request matches the personal information of the California Consumer already maintained by us. We accept the following identifying information to verify your identity: name, email address and a security code sent via email. Be aware that certain requests, such as requests for specific Personal Information or requests to delete Personal Information, may require us to be more selective about the types of identifying information required to fulfill your request. For example, we may require additional information to verify your identity if you submit a request to delete your Personal Information.

Information We Collect

In the past twelve (12) months, WinCup has collected the following categories of Personal Information from California residents:

• First and last name;
• Email address;
• Physical address;
• Phone number;
• Email or other electronic message content, such as when you use the Contact Us page on the Services;
• ·       Payment information, which you submit to our third party payment processor;
• Online unique identifiers, such as IP address; and
• Technical information, such as HTTP headers and user agent information from a web browser.

WinCup obtains this Personal Information directly from you when you contact us or order products or product samples from us.

Use and Disclosure of Personal Information

 WinCup may use, or disclose the Personal Information we collect for one or more of the following “Business Purpose(s):”

• To fulfill or meet the reason you provided the information, including purchases of products and ordering of sample products;
• To provide, enhance, or support our website or online services;
• For our marketing or analytics purposes;
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
• To respond to your requests under the California Consumer Privacy Act of 2018 (the “CCPA”);
• For any other purpose described to you when we collect your Personal Information; and
• For any other acceptable purposes as set forth in the CCPA.

            Within the last 12 months WinCup has disclosed your Personal Information as described in this Notice.

When we disclose Personal Information for a Business Purpose, we enter into an agreement with the receiving party that describes the purpose for sharing the Personal Information, and that requires the receiving party to keep that Personal Information confidential and not use it for any purpose other than performing the services according to the agreement.

We may disclose your Personal Information with the following categories of third parties: online platform providers such as GoDaddy, online service providers such as AppointmentPlus or Shopify, marketing firms, and shipping or logistics companies.

In the past twelve (12) months, WinCup has not Sold any Personal Information about its California Consumers.

             Unless we update this Notice or notify you otherwise, we will not collect additional categories of Personal Information, nor use the Personal Information we collect for any other materially different, unrelated, or incompatible purposes.

Your Rights and Choices

If you are a California Consumer, you may request information about our collection, use, disclosure and Sale of your Personal Information over the past twelve (12) months, whether or not it was collected electronically. If you submit a Verifiable Request, we will disclose:

• the categories of Personal Information we have collected about you; the categories of sources from which your Personal Information was collected; our business or commercial purpose for collecting or Selling your Personal Information; the categories of third parties with whom we share that Personal Information; and the specific pieces of Personal Information we collected about you; and
• if we disclosed your Personal Information for a Business Purpose: what categories of Personal Information we disclosed for a Business Purpose, and to which categories of recipients we disclosed it to.

You also have the right to request that we delete any of your Personal Information that we collect or maintain by submitting a Verifiable Request. We may deny your deletion request if retaining your Personal Information is necessary for us or our service providers to:

• Complete the transaction for which we collected your Personal Information, provide goods or services that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another California Consumer to exercise their right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the achievement of such research, if you previously provided informed consent;
• Enable solely internal uses that are reasonably aligned with California Consumer expectations based on your relationship with us;
• Comply with a legal obligation; or
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

If you choose to exercise a privacy right under the CCPA, you have the right not to receive discriminatory treatment.

You may submit a Verifiable Request for the information listed above, or exercise any of your rights enumerated under this Notice, by calling us at 1-888-395-0119, or by completing a form on our website https://wincup.com/contact/  by email to privacy@wincup.com, or by postal mail to 55 Ivan Allen Jr. Blvd NW, Suite 900, Atlanta, GA, 30308. Attention: Privacy. You may also submit a Verifiable Request on behalf of your minor child.

After we receive your Verifiable Request, we will provide to you, in writing and free of charge (unless your request is excessive, repetitive, or manifestly unfounded), the requested information for the 12-month period preceding your request. You may choose to have this information delivered to you by postal mail or electronically. We will try to respond to your verified request within forty-five (45) days of receipt, but if we require more time (up to another forty-five (45) days) we will inform you of the reason and extension period in writing. Please note that we are not required to comply with your request for information more than twice each year. If applicable, our response will explain the reasons why we cannot comply with your request.

WinCup does not and will not, without first obtaining your consent, Sell Personal Information.

            If you choose to exercise any of the rights enumerated under this Notice, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services; or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, please be aware that it may be a functional necessity for our Services to have Personal Information about you in order to operate, and we may not be able to provide some or all of our Services to you if you direct us to delete your Personal Information.