The following Terms and Conditions were in effect from the Weople’s release date until October 17th, 2020
Summary of the agreement between you and Weople
- Weople is a service offered by Hoda. It provides you with a
complete free service: an APP platform to achieve the following results:
- Weople helps you to act the most important rights of the GDPR
(European law 679/2016) and works to guard and protect your data,
always anonymously and with the maximum guarantee for your privacy;
- Weople commits to make you recover the greatest possible value
from your data through investment and enrichment methods that
respect your privacy, without ever transferring your personal
data to third parties. Also, Weople gives the User 90% of the
value generated by the investment, net of coverage of the
structural and operative costs. Everything will be constantly
communicated in a transparency page in the APP and officially
certified by a third part company;
-
you deposit and invest in Weople, creating your profile, your
registration form data and all those further data which you want
to send to your data account, activating, with your free choice
and without any obligation imposed by the app, the Safe-Boxes,
which you will find available and explained in your personal
vault. As you will see, this is consumption data from your
loyalty cards, data on the use of digital channels such as Social,
Google, Amazon, etc. and your interests. Weople does not collect
in any way other data about you than those indicated here and
that you decide freely to invest.
- To achieve the stated objectives, you allow us, through this agreement, to:
- if you want, to represent you in the requests to exercise your
Gdpr rights by conferring us a special mandate. You can always
ask for updates on the accomplished activities.
- to allow profiling operations on the data you have deposited
in your Weople account in order to send you communications and
customized commercial offers. Weople will act as an intermediary
with advertisers to convince them, based on aggregated data,
to invest and to start campaign in the Weople platform. Your
data will always be processed anonymously and in an aggregate
way and never provided individually or personally to advertisers.
This way of data investment will allow you to earn real money
(not virtual), paid by advertisers and deposited directly in
your piggy bank in the Weople App; at the same time it will also
allow you to receive personalized offers in the best way possible;
- process your data and create general statistical models,
therefore not referable to you personally. The models will
then be used to enrich the databases of third parties always
anonymously, protected, guaranteed by Weople and without
transferring your data at an individual/personal level to third
parties. This activity will grant you the possibility to join
he prize draw.
***
General terms and conditions for the use of Weople
Introduction
This Agreement shall be interpreted in the light of the following principles:
Ethics
your personal data has an economic value. We believe this value belongs
to you too, and not just to some distant and uncontrollable entity.
Weople adopts a system that allows you to get the maximum possible value
from your data, in a simple and intuitive way.
Data control and security
You are free to decide how much data you want to invest. For this reason,
Weople offers scalable settings that allow you to define your investment
profile. All data is processed in compliance with the most stringent
standards of technical and organizational security.
Equity
Hoda is inspired by certain principles such as equity, social
sustainability and sharing economy. We receive minimum shares of
the revenue, covering costs (personnel, structure, research and
development, etc..) and minimal operating profit. The rest is
distributed to the User according to the redistribution model described
in this page.
Transparency
Weople is free for you, but not for Hoda. We bear all costs associated
with maintaining the service, from a technical and commercial point
of view. In order to show you the seriousness of our intentions,
we have decided to show you the main aspects related to the management
of the Company. In other words, the details regarding revenues, costs,
prizes and money distributed through Weople are public and always
available on the transparency page of the Application.
Such information is certified by specialized companies
and external with respect to Hoda.
Section I: Description of Weople, subject matter of the contract and registration
Art. 1 - Description of the service offered through Weople
Weople allows each User to acquire, store and invest their personal
data in a controlled and protected manner (the "Service").
The Service provides for different reward systems according
to the procedures set out in this document.
If you wish to receive a clear and descriptive representation of how
Weople works, please watch the following
video.
Art. 2 - Object of the Contract
This agreement (
"Agreement") governs the
relationship between you (
"User") and
Hoda S.r.l. (
"Owner"), in relation to the use
of the Service offered through the technical platform called Weople
(
"Weople" or
“Application”).
The Service includes the investment
functionality of personal data (
"Main Service")
and other ancillary features referred to in Section III of this document
(the
"Ancillary Services").
The Service is free, also thanks to the existence of association
agreements, shareholding and sponsorships with companies interested in
supporting the initiative (“Partner” the first
two and “Sponsor” the latter).
Art. 3 - Registration and account creation
To use Weople you are required to complete the registration process and
(1) provide the requested information accurately, truthfully and
correctly; (2) confirm your intention to register by entering the
verification code you received via SMS and (3) keep your information
up to date in the event of any changes during the use of the Application.
At the end of the registration process you will be able to use your
personal account on Weople (“
Account”).
You should carefully protect your Account access details, passwords
and any other items relevant to your use of the Service. In the event
that you discover a breach of security of your Account, we ask you to
report the matter immediately by writing to
support@weople.space.
Section II: The main service offered by Weople
Art. 4 - Logic and functioning of the Main Service
The Main Service allows you to take an economic benefit from the controlled
and secure use of your personal data. This objective is achieved by the following scheme:
- Weople provides you with a personal caveau containing several
Safe-Boxes relating to different areas of your digital life
(social networks, purchase information from various e-commerce,
loyalty cards, etc.);
- Upon registration, the User provides their personal data by
activating one or more Safe-Boxes (to this end, you will have
various tools, which we will talk about in the next few pages).
- Hoda processes, crosses and enriches the personal data stored through
profiling tools and algorithms. The profiles created contain relevant
information for interested companies ("Companies");
- Hoda offers to the Companies two types of services
("Investment activities"): (a) preparation of
advertising campaigns and commercial offers exclusively
within Weople’s Gain&Relax area and (b) integration of the Companies'
databases with anonymous information held by Weople;
- As a result of this activity, the Companies pay a fee (also
commensurate with the results) which is returned to the User in
the form of money [for the hypotheses referred to in point (4)(a)]
and rewards [for the hypotheses referred to in point (4)(b) above]
(“ROI”).
Art. 5 – Pre-condition of the Contract in connection with the
provision of the Main Service
Weople's objective is to value the personal data stored in the Safe-Boxes
in order to redistribute to the User the revenues from the investment
activity ("
Pre-condition of the Contract").
The User acknowledges the Pre-condition of the Contract and accepts that
the use of Weople involves the performance of all the activities set forth
in Art. 4. Such activities shall be considered as inherent and strictly
necessary to the provision of the Main Service.
Consequently, if the Users do not intend to authorize Weople to perform
the aforementioned activities, then they are requested
not to conclude the Agreement.
Art. 6 – Provision of personal data
The User may provide their personal data by activating one or more
Safe-Boxes in the following ways:
- Direct data entry. The data can be entered by the
User directly (for example, by filling in special questionnaires
of interest, or in other ways, specified during use of the Application);
- Insertion by transfer from third-party.
If the data is held by a third party (for example, social networks or
a supermarket chain), the activation of the corresponding Safe-Box
implies the free and automatic activation of the data portability
procedure referred to in Articles 14 and 16 no.
(2) of this Agreement.
The User agrees to deposit a minimum amount of personal data through
the activation of at least one Safe-Box
(“Minimum Contribution”).
Art. 7 - Profiling
Data stored in the Safe-Boxes are processed by Hoda for profiling purposes
as indicated in the
privacy policy of the service.
The profiling activity is carried out through the study and use of
variables, technical characterizations, multivariate statistics and
algorithms of artificial intelligence that allow to increase the value
of the User’s personal data.
The User will always be free to eliminate or suspend the profiling in
relation to the contents of the various Safe-Boxes.
Art. 8 – Data investment
Following the profiling activity, Hoda carries out commercial activities
and offers the following services to the potentially interested Companies:
- Creation of advertising campaigns addressed
to the Weople’s Users.
- Integration and enrichment of other companies’ databases.
Art. 9 – Advertising campaigns
Weople offers to the Companies the possibility of advertising
in favour of Weople Users ("
Advertising Campaign").
The Advertising Campaign takes place
exclusively
within the Gain&Relax area of the Application. Promotional messages
are addressed to the Users ("
Recipients")
also according to the interests expressed or freely
appreciated by Hoda through the activities set
forth in Art. 7 of the present document.
The revenue generated by Advertising Campaigns is redistributed among
the Recipients in the form of money. If provided for in the contract
with the Company, Hoda may recognize to the User a further reward related
to specific actions taken by the User including, by way of example,
the purchase of the product or service advertised.
The amounts obtained by the User are credited within the Weople Wallet
and can be converted into cash at any time. Hoda will fine-tune
the methods of payment, communicate them to the User and make them
available on the Application as soon as the functionality is available.
The User will be able to choose freely between them.
Art. 10 - Declaration by the User
Commercial communications referred to in Art. 9 above are carried out
without any damage to the User's electronic communication systems
(e.g. e-mail and/or telephone). Consequently, the User declares that
the promotions contained within the Gain&Relax area
do not have the
nature of unwanted communications.
Art. 11 - Integration and enrichment of third-party databases
The information contained in the Safe-Boxes, together with the knowledge
and technologies available at Hoda, allow us to offer Companies a service
of integration and enrichment of their databases.
Enrichment operations, performed in an anonymous, protected and guaranteed
manner by Weople, are carried out by applying anonymous profiles
and statistical analysis in aggregate form.. Hoda will never disclose
the identity of the user to Companies, Partners and Sponsors.
The proceeds from the enrichment activity is distributed among users
according to the rules set out in Art. 13 below.
Art. 12 – Proceeds
The implementation of the activities referred to in Articles 9 and 11
above is subject to remuneration by the Companies ("
Proceeds").
Hoda is committed to making every reasonable effort to maximize the
Proceeds. The User, however,
acknowledges and accepts that the
economic result of the sale of services may vary significantly
depending on factors, including, by way of example and not
limited to, market trends, quantity and quality of data provided by
the User, type of interests expressed, purchases made as a result of
the use of Weople and results obtained from the advertising campaign
referred to in Art. 9.
Art. 13 – Awarding of Wecoins and distribution of prizes
Activation of Safe-Boxes involves the granting to the User of a virtual
score ("
Wecoins") as indicated in the Application.
The amount of Wecoins awarded depends on the number of Safe-Boxes
activated by the User including all the data contained within them.
The User is free to reduce the number of Safe-Boxes at any time.
In this case, however, the amount of Wecoins will be reduced proportionally.
Depending on the amount of Wecoins held, the User will be included
in one of the following categories of investors:
- Start from 1 to 99 Wecoins;
- Bronze from 100 to 199 Wecoins;
- Silver from 200 to 299 Wecoins;
- Gold from 300 to 399 Wecoins;
- Platinum from 400 to 499 Wecoins.
The investment categories allow the User to participate in the prize
draw in accordance with the procedures set out here.
Section III: Ancillary Services
Weople's investment activities are supported by additional features
("Ancillary Services") that allow you
to facilitate data acquisition and maximisemaximize return on investment.
Art. 14 – Exercise of Gdpr rights
The User may use Weople to contact its data controller and automatically
exercise some of the rights guaranteed by the Gdpr. Currently, Weople
allows the exercise of the following Gdpr rights:
(1) Withdrawal of consent in relation to the
communication of User’s data to third parties (e.g., ecommerce,
supermarket chains, internet service providers, etc). This right
allows you to limit the uncontrolled communication of your data
and use of it by parties other than the initial data controllers;
(2) Data portability from other data controllers for
the activation of one or several Safe-boxes (e.g. social networks,
internet service providers, etc.). The right to data portability allows
you to enrich your personal caveau and take advantage of the
controlled use of the data as provided in this document
and in the privacy policy of Weople.
If you decide to use this function, you automatically and expressly
exercise your right to data portability under the GDPR and consequently
request that your data is communicated directly to Hoda so as to make
the automatic activation of the corresponding Safe-Box possible;
Art. 15 – Procedure for the exercise of GDPR rights
The Application provides an automated procedure marked by the following steps:
- Request by the User
The request may be implicit [as is the case for data portability
in the case of activation of a Safe-Box, see Art. 6, no. (2)]
or explicit [for all rights that can be exercised in the section
"Exercise rights"];
- Processing and sending of the request
Processing and sending of the request, Weople processes the request
and prepare a communication in the User own name.
The communication is sent to the third-party Data Controller in order
to declare the User’s intentions and to request the exercise of the selected right.
- Communications
Hoda will communicate the outcome of the request to the User.
The provisions of Art. 16 below shall apply as far as they are compatible.
Art. 16 – Request for further information while using Weople
The exercise of rights under Art. 14 may require additional identification
measures by the third-party Data Controller to whom the request is made.
In such cases, Hoda mayt request, at any time and at its sole discretion,
additional information relating to the User in order to enable the proper
operation and delivery of the Services.
In particular, in order to prove the User’s identity to the contacted
Data Controller, Weople may request the User themselves to upload their
ID within “My Document” Section on the Application, or to use specific
authentication services, possibly integrated into the Application via API.
Art. 17 - Delegation of powers
In order to facilitate the procedure for the exercise of their GDPR
rights, the User can assigns to Hoda a mandate to handle correspondence
with the data controllers and, if applicable with regard to the content
of the Request, to receive personal data following the request for
portability referred to in Art.20, par. 2, GDPR.
The mandate loses its effectiveness if the user suspends
his investment activities or deletes his account.
Art. 18 – Data storage
The User may use Weople to deposit the Data provided during registration
and possibly the Data acquired as a result of the data portability.
This Data is of exclusive property of the User and, on the basis
of this Agreement, the User does not grant any right of use unless
necessary in order to provide the Services.
Sezione IV: Unauthorized Use, Account Cancellation and Limitations of
Liability
Art. 19 - Unauthorised use of Weople
The User shall not use, copy, adapt, modify, prepare derivative works
based on, distribute, license, sell, assign, publicly display,
publicly perform, transmit, disseminate or otherwise exploit
the content in Weople, the Weople Service or any part thereof,
unless expressly permitted by this Agreement.
The User may not perform, attempt to perform, encourage or assist
others in performing any of the following actions while accessing
or using the Service: (1) use, mirror or frame the Service or any
individual item within the Service, the name of Weople, any Weople or
Hoda trademark, logo or other proprietary information, layout and design
of any page or form contained on a page without the express written
consent of Hoda; (2) access or tamper with any non-public areas of the
Service, computer systems or technical delivery systems of Hoda providers;
(3) verify the vulnerability of any Weople system or violate security
or authentication measures; (4) circumvent any technological measures
implemented by Hoda or third parties (including another User) that are
in place to protect Weople or its contents; (5) modify, decompile,
disassemble, reverse engineer, tamper with or otherwise attempt to obtain
the source code of any software or any other part of the Service that
Weople provides to them; (6) provide, upon registration, or subsequently
to it, false information relating to their identity; (7) create multiple
accounts; and (8) attempt to access another User's Account.
Art. 20 - Account Cancellation
You can deactivate your Account at any time through the interface of
Weople or by contacting Hoda directly.
We may suspend or deactivate your Account if we believe that you have
violated the Contract or that the use of the account may cause damage
of any kind or result in violation of the law or regulations.
Data stored in the activated Safe Boxes will be definitely deleted
together with user's account.
Any balance remaining in the Weople Wallet will be refunded to the
User within 10 working days from the time of the request.
Art. 21 - Compensation and limitation of liability
Hoda does not bear any responsibility towards the User in case of
non-compliance with the obligations set out in this Contract, if the
non-compliance is caused (i) by third parties; (ii) by dysfunctions
of computer systems not under the direct control of Hoda, or (iii) by
other events beyond the control of Hoda
To the extent permitted by applicable law, Hoda is not responsible for
loss of profit, business, goodwill, savings, contracts, use or loss
of data, losses arising from acts or omissions of Hoda, or for any
losses, costs, damages, charges or expenses purely economic, derived,
indirect and special. The liability of Hoda will be limited to
the amount received by the user for the period of 12 months prior to
the date referred to in the claim.
Hoda will do everything in order to maximize the Proceeds and,
consequently, the User’s ROI. However, the User acknowledges
and accepts that Hoda, in performing the Service, assumes an obligation
of means and not of result and, therefore, cannot in any way be held
responsible for the economic results related to the investment of their data.
Similarly, the User acknowledges that the result related to the exercise
of the rights referred to in the previous section depends on many factors,
including technical obstacles, problems related to the behavior of
the third party Data Controller, legislative and/or regulatory changes.
The User accepts that these factors are beyond the control of Hoda and
therefore cannot be charged to the Owner.
Section IV: Miscellaneous
Art. 22 - Use and interruption of the Service
The function of the Service requires the use of compatible devices
(the "Devices and access to an Internet connection. In order
to guarantee Users the best possible experience of the Service,
Hoda may interrupt the Service itself due to maintenance or updates
needs, and will inform the User through constant updates.
Art. 23 - Updating the Contract
This Agreement may be subject to change. In such circumstances,
Hoda will notify you at least 15 days before the change takes place
(e.g. by email or push notifications). Once the updated Terms become
effective, acceptance of the latter will be deemed implied if
you continue to use Weople.
We hope people will keep using our Products. However, if you do not accept
our updated Terms and Conditions and wish to leave the Weople community,
you may delete your account at any time.
Art. 24 - Intellectual Property Rights
All intellectual property rights in any content of the Application
(including text, graphics, software, photographs and other images,
video, audio, trademarks and logos) are owned by Hoda or its licensors.
The User agrees to access such materials exclusively for the use
of the Service and in accordance with the provisions of this Agreement.
No part of the Application, site or Service may be reproduced in any
form or by any means. You agree not to modify, rent, lease, lend, sell,
distribute, or create derivative works based on the Service.
Hoda, the Weople logo and other trademarks of Hoda, service marks,
graphics and logos used in connection with the Service are trademarks
or registered trademarks of the Supplier.
Art. 25 - Age requirements
The use of the Service is reserved for Users who have reached the age of sixteen.
Art. 26 - Applicable law and jurisdiction
The terms of this Agreement shall be governed by and construed in
accordance with Italian and European law. The applicable jurisdiction
is the Italian one and any dispute will be resolved exclusively
by the Court of Milan.