Effective Date: May 25, 2025
Governing Entity: Wimbo Au Pty Ltd (ACN: 687 084 984), trading as Wimbo™
Contact: legal@wimbo.au | help@wimbo.au
Registered Address: 470 St Kilda Road, Melbourne, Victoria 3004, Australia

ARTICLE I — PURPOSE AND JURIDICAL BASIS

This Suspension & Enforcement Policy ("Policy") is promulgated by Wimbo Au Pty Ltd (ACN: 687 084 984), trading as Wimbo™, in accordance with applicable supranational, national, and sector-specific legal frameworks to delineate the procedures governing the restriction, suspension, and/or termination of access rights, service entitlements, or account privileges within the Wimbo™ digital ecosystem. This Policy aims to uphold the principles of administrative fairness, due process, proportionality, data minimisation, equal treatment, and transparency in enforcement, consistent with internationally codified legal standards.

This Policy shall be construed in alignment with, and shall be deemed to incorporate by reference, the following legislative and normative instruments:

• Regulation (EU) 2016/679 (General Data Protection Regulation — GDPR), including Article 6 (Lawfulness of Processing) and Article 21 (Right to Object);

• California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), codified at Cal. Civ. Code §§ 1798.100–1798.199.100;

• United Kingdom General Data Protection Regulation and the Data Protection Act 2018, specifically s.170 (Rights in relation to automated decision-making);

• Australian Privacy Act 1988 (Cth) and Spam Act 2003 (Cth), including Sections 13–15 concerning data handling and interference with privacy;

• Directive (EU) 2019/770 on contracts for the supply of digital content and digital services, particularly in relation to enforcement obligations and termination rights;

• United Nations Convention on the Rights of Persons with Disabilities (CRPD), specifically Articles 5 (Equality and non-discrimination), 9 (Accessibility), and 21 (Freedom of expression and access to information).

This Policy shall further be interpreted in light of:

• Constitutional and statutory consumer protection guarantees applicable in each user’s jurisdiction;

• Binding and persuasive jurisprudence from competent courts and supervisory authorities relating to procedural fairness and enforcement discretion in digital contexts;

• Global best practices on digital service integrity, user accountability, and regulatory compliance, including those promulgated by the OECD and Internet Governance Forums.

ARTICLE II — SCOPE OF APPLICATION

This Suspension & Enforcement Policy (“Policy”) shall govern and bind all users, content, activities, and jurisdictions associated with the Wimbo™ Platform. The provisions set forth herein are intended to operate concurrently with, and in furtherance of, Wimbo’s overarching legal and contractual framework, including but not limited to its Privacy Policy, Terms of Use, Event Host Agreement, and any applicable regional or sector-specific disclosures. Specifically, this Policy shall apply to:

1. Covered Individuals and Entities: All natural or legal persons registered as users, verified event hosts, or otherwise interacting with or benefiting from services delivered via the Wimbo™ mobile application, website, or affiliated digital systems;

2. Covered Activities: All interactions, content uploads, transactions, and platform-based engagements, including communications, event creation, ticket purchases, messaging, and RSVPs;

3. Covered Content: All forms of user-generated content (UGC), including textual, visual, audio, or multimedia materials, whether privately transmitted or publicly disseminated;

4. Covered Events: All virtual or in-person events created, advertised, managed, or transacted through the Platform, including public, private, 18+ restricted, and “Kids Events” functions;

5. Covered Territories: All jurisdictions wherein Wimbo™ lawfully offers services or maintains a digital presence, including cross-border environments regulated by consumer protection, e-commerce, and data privacy laws.

ARTICLE III — LEGAL DEFINITIONS

For purposes of this Policy, the following definitions shall apply:

• "Suspension" shall mean any temporary or indefinite limitation, restriction, or disabling of a user’s or host’s ability to access, utilize, or benefit from features of the Wimbo™ Platform, whether in whole or in part.

• "Enforcement" shall encompass all actions undertaken by Wimbo pursuant to this Policy to ensure user compliance, including but not limited to warnings, content removal, feature restrictions, account deactivation, or permanent termination.

• "User" shall include any natural person or legal entity who accesses, registers for, or interacts with the Platform, including event hosts, attendees, content creators, and platform administrators.

ARTICLE IV — GROUNDS FOR SUSPENSION OR ENFORCEMENT

Wimbo reserves the right to impose enforcement actions, including immediate suspension or termination, upon a good faith determination or substantiated suspicion of any of the following:

1. Material Breach of Terms: Violation of any term contained within Wimbo’s governing agreements, including but not limited to the Privacy Policy, Terms of Use, or Event Host Agreement.

2. Unlawful Activity: Engagement in any activity that constitutes fraud, harassment, defamation, hate speech, impersonation, stalking, identity theft, or other behavior prohibited under applicable civil, criminal, or administrative law.

3. Child Protection Violations: Failure to implement or enforce required age-verification procedures for 18+ events, or improper administration of “Kids Events,” contrary to applicable child safety laws such as COPPA (U.S.), Article 8 GDPR (EU), or the Australian Privacy Principles.

4. Content Violations: Publishing or disseminating content that is defamatory, obscene, threatening, fraudulent, discriminatory, misleading, or otherwise incompatible with the Platform’s community standards or legal obligations.

5. Platform Manipulation: Use of bots, automated scripts, spam tools, spoofing technologies, or any mechanism intended to deceive, exploit, or undermine the integrity, security, or fairness of the Platform.

6. Compliance with Legal Orders: Receipt of a subpoena, regulatory directive, or court order lawfully compelling Wimbo to suspend or restrict the User’s account or content.

ARTICLE V — NOTICE AND PROCEDURAL SAFEGUARDS

Prior to the imposition of any non-emergency enforcement measure, Wimbo shall issue a written Notice of Intended Enforcement, to be transmitted electronically, setting forth:

• A detailed account of the alleged conduct or violation;

• The legal and contractual basis for the proposed enforcement action;

• The scope and duration of the contemplated suspension or sanction;

• The procedural avenues available to the User, including the right to contest or appeal.

Where exigent circumstances exist — such as imminent risk to the public, a threat to personal safety, or a material breach that may cause irreparable harm — Wimbo reserves the right to impose immediate suspension under the doctrine of necessity, subject to post-suspension review.

ARTICLE VI — RIGHT TO APPEAL AND REVIEW PANEL

Any User subject to enforcement shall have the right to submit a written appeal within seven (7) calendar days of receiving notice. The appeal must include:

• A factual rebuttal to the allegations;

• Legal or contractual arguments in support of the rebuttal;

• Any corroborating evidence or documentation.

Appeals shall be adjudicated by an internal Enforcement Review Panel, composed of impartial representatives from Wimbo’s Legal, Compliance, and Community Trust Divisions. The Panel shall:

• Render a written decision within fourteen (14) business days;

• Modify, reverse, or uphold the enforcement action as warranted;

• Recommend remedial conditions or reinstatement terms where appropriate.

This internal process shall not preclude the User’s right to escalate grievances to external regulatory or judicial forums in accordance with applicable law, including under GDPR Articles 77–79 or analogous frameworks.

ARTICLE VII — EFFECT OF SUSPENSION

7.1 During any period in which a User’s account is subject to active suspension, whether provisional, indefinite, or conditional, the following operational consequences shall apply:

(a) Feature Access Revocation: The suspended User shall be barred from accessing or utilizing key functionalities of the Platform, including but not limited to: hosting events, RSVPing to events, engaging with interactive features, modifying user profiles, or utilizing Wimbo’s premium tools and AI-enabled services.

(b) Financial Withholding: Payment transfers, whether related to ticket sales, organizer disbursements, or user-initiated refunds, may be withheld or delayed for the duration of the suspension, subject to statutory escrow rights and regulatory freeze conditions.

(c) Data Portability Preservation: Pursuant to Article 20 of the GDPR, Users shall retain the right to access and export their personal data from the Platform during suspension, unless otherwise restricted by law enforcement, judicial injunction, or overriding legal necessity.

(d) Communication Limitations: All forms of non-essential communication, including in-app messaging and public forum interactions, shall be disabled. Access to Platform support channels shall remain operational exclusively for enforcement appeals, data requests, or legal queries.

ARTICLE VIII — TERMINATION PROCEDURES AND CONSEQUENCES

8.1 In cases where Wimbo initiates a permanent termination of a User account as a result of severe, repeated, or irremediable violations, the following provisions shall govern:

(a) Data Deletion Obligations: Wimbo shall process any associated personal data in accordance with Article 17 of the GDPR (Right to Erasure) and Section 1798.105 of the CCPA/CPRA, unless continued retention is authorized or mandated by applicable law, litigation holds, or financial audit obligations.

(b) Prohibition of Re-registration: Terminated Users shall be prohibited from re-registering under the same or different identity without the express prior written consent of Wimbo’s Legal Department. Attempts to circumvent this restriction may result in IP blocking, identity tracing, or referral to enforcement authorities.

(c) Post-Termination Obligations: Notwithstanding account deactivation, all pre-existing contractual and legal obligations of the User, including but not limited to indemnities, payment arrears, confidentiality covenants, and ongoing legal liabilities, shall remain binding and enforceable.

(d) Referral to Authorities: Wimbo reserves the right to disclose relevant evidence and formally refer matters involving suspected criminal conduct (e.g., fraud, exploitation, cybercrime, harassment) to competent law enforcement or regulatory bodies.

ARTICLE IX — FRAUD PREVENTION AND PLATFORM INTEGRITY

9.1 Wimbo may deploy a combination of automated, algorithmic, and human oversight protocols designed to preserve Platform integrity, detect fraudulent conduct, and protect Users from manipulation. These include:

(a) Automated Detection Tools: Use of proprietary machine-learning models to flag anomalies in RSVPs, ticket purchasing patterns, geographic spoofing, or unusually high swiping activity.

(b) Manual Forensic Audits: Periodic review of flagged accounts by trained Compliance Officers, in collaboration with Legal and Data Protection teams, to ensure fair and human-reviewed outcomes.

(c) Identity Verification Protocols: Ongoing verification of User identities through document uploads, facial recognition, and phone/email confirmation, in line with privacy and anti-money laundering regulations.

9.2 All tools and decisions that may result in significant legal or reputational effects for the User shall comply with Article 22 GDPR (Automated Decision-Making) and shall include:

• Advance notification of such profiling or automated action;

• A meaningful opportunity to contest or obtain human intervention;

• Internal auditability and documentation of algorithmic criteria.

ARTICLE X — TEMPORARY REINSTATEMENT AND CONDITIONAL REINTEGRATION

10.1 Wimbo may, at its sole and exclusive discretion, offer temporary or conditional reinstatement to Users whose accounts have been previously suspended or restricted, provided that the following cumulative criteria are met:

(a) Demonstrated Remediation: The User has taken concrete and verifiable actions to correct, cease, or remediate the behavior or violation(s) that originally prompted enforcement.

(b) Written Compliance Undertaking: The User has submitted a written acknowledgment of Wimbo’s Terms of Use, this Policy, and any specific compliance directives imposed as a condition of reinstatement.

(c) Probationary Monitoring: The User consents to a fixed-duration probationary period, during which their activity will be closely monitored. Wimbo may reimpose suspension or escalate enforcement at its discretion upon any reoccurrence of violation.

(d) Completion of Rehabilitative Measures: Wimbo reserves the right to condition reinstatement on participation in digital literacy modules, harassment prevention training, identity re-verification, or other measures tailored to the original infraction.

ARTICLE XI — NON-RETALIATION AND GOOD FAITH

11.1 Wimbo affirms its commitment to fostering a culture of accountability, ethics, and lawful reporting. As such:

(a) Protection of Reporters: No User shall suffer retaliation, suspension, or adverse platform treatment solely for having submitted a report, flag, or complaint concerning another User’s conduct, provided such report was made in good faith and absent malice.

(b) False or Malicious Claims: Users who knowingly submit false, misleading, defamatory, or vexatious claims against others shall be deemed to have violated this Policy and may be subject to reciprocal enforcement, including permanent account termination.

ARTICLE XII — COOPERATION WITH AUTHORITIES

12.1 Wimbo shall maintain lawful channels for cooperation with domestic and international governmental authorities, including:

(a) Formal Requests: Prompt, secure, and confidential response to valid subpoenas, warrants, or regulatory orders, subject to applicable data protection laws and mutual legal assistance treaties (MLATs);

(b) Child Protection & Public Safety: Proactive notification to relevant authorities where credible information exists regarding threats to children, violent extremism, trafficking, or other grave criminal conduct;

(c) Privacy-Conscious Disclosure: Disclosure of personal data to governmental actors shall be restricted to the minimum necessary, and always in compliance with GDPR Chapter V (Cross-Border Transfers), U.S. CLOUD Act, and other pertinent regulations.

ARTICLE XIII — CONTRACTUAL STATUS AND LIMITATION OF LIABILITY

13.1 This Policy is incorporated by reference into Wimbo’s Terms of Use and governs Platform conduct and enforcement remedies. However, it does not:

• (a) Establish a contractual entitlement to Platform access;

• (b) Create third-party beneficiary rights; or

• (c) Modify any statutory rights available under national consumer law.

13.2 To the fullest extent permitted by applicable law, Wimbo expressly disclaims liability for:

• (a) Indirect, incidental, consequential, or punitive damages arising from enforcement actions;

• (b) Loss of data, revenue, or goodwill resulting from suspension or termination;

• (c) Reliance on Platform functionality by Users whose access was restricted pursuant to this Policy.

ARTICLE XIV — DOCUMENT RETENTION AND RECORD KEEPING

14.1 Wimbo shall maintain an internal Enforcement Recordkeeping System which shall chronicle:

• (a) The factual basis for any suspension, warning, or termination;

• (b) All user-submitted appeals, rebuttals, and evidence;

• (c) Decisions rendered by the Enforcement Review Panel and rationale thereof.

14.2 All enforcement-related records shall be retained for no less than three (3) years or such longer period as mandated by applicable statutory, regulatory, evidentiary, or litigation preservation rules.

14.3 Enforcement records shall be considered confidential and shall not be disclosed to third parties except:

• Where required by law, subpoena, or court order;

• Where explicitly authorized by the affected User;

• Where necessary to protect public safety or prevent imminent harm.

ARTICLE XV — POLICY REVIEW, UPDATES, AND INTERPRETATION

15.1 This Policy shall be subject to a formal legal and operational review at minimum once every twelve (12) months, or earlier upon:

• (a) A substantive change in applicable data protection, consumer, or digital services law;

• (b) A high-profile incident involving Platform misuse or enforcement error;

• (c) Internal audit or regulator-mandated compliance review.

15.2 Amendment Protocol: Any amendment to this Policy shall:

• Be published on Wimbo’s legal resource center with a clearly indicated effective date;

• Be communicated to Users via in-app notification and/or registered email if material in nature;

• Take effect no sooner than seven (7) calendar days following publication unless legally mandated.

15.3 Interpretive Authority: The Wimbo Legal Department shall serve as the definitive interpretive authority for all matters arising under this Policy, and its clarifications, guidance memoranda, and compliance advisories shall carry binding effect across all internal departments and User disputes.