Effective Date: 08.30.2023
Last Update: 08.30.2023
Cybernet Entertainment, LLC d/b/a Kink and kink.com (“we” or “us”) sells experiences, not your data, and those experiences are inherently of a private nature. We designed the Kinky Konnector (the “App”) to operate off of a minimal amount of user data and this Policy details how we collect, store, and use such limited information about you when you use or interact with the App on your smart phone or tablet (“Device”). We may change these Policies at any time and when we do we will ask you to approve the updated Policy upon opening the App.
The App functions in two ways. In “Solo Mode”, it operates as a Bluetooth-enabled Konnector for your Smart Sex Toy (“SST”). The App connects to Deep by Kink™ servers to route Bluetooth commands to your SST. In “Partner Mode”, you may create spaces in which you and other App users (“Partners”) may interact (“Rooms”). The Rooms allow peer-to-peer video and audio connection between you and your Partners by way of a third-party provider (“Provider”). While a Room is active, you may choose to connect the App to Deep by Kink™ servers which allows you to control your Partner’s SST.
- COLLECTION OF YOUR INFORMATION.
Personal Information Defined. Personal information is any data, content, or other information that may be used to identify you IRL. It includes, but is not limited to, your name, age, address, email, phone number, contacts, location, sexual preferences, financial status, medical status, and marital status.
How We Collect Information. We only collect personal information that you provide to us voluntarily. By providing such information, you consent to our use of the data in accordance with this Policy. We do not engage in any automatic data collection (such as data generated by your use of the App) or acquire any information about you from third parties (such as marketing companies), cookies or similar data trackers, or from publicly available sources (such as social media).
We avoid collecting any information about you that is not necessary for the operation and intended functionality of the App. The information we do collect depends on how you use the App.
General Personal Data. The App is designed to be used anonymously. Unless you create a Kink Account, we will not ask for or collect your first or last name, email address, user name, or any of your financial information. If you do create a Kink Account, we will collect and store your name, email address, user name, certain financial information.
Contacts. We do not collect, and the App does not contain functionality to access, your Device’s contact list or any related information.
Age Verification. Because of the nature of the App, we will ask you to confirm your date of birth for age verification purposes, but we will do store this information.
Bluetooth and Location. During initial setup, you will be asked to grant the App permissions to access your Bluetooth and location. Bluetooth requires location information in order to scan for and pair the App with your SST. We do not collect this information directly. We recommend that you pair your SST in a private area.
Usage Logs. We do not collect any logs which identify your usage of the App.
Partner Mode. Certain limited personal information is collected by us when you create or participate in a Room.
IP Address. If you create a Room, then we will transmit your device IP address to the third-party provider in order to establish the peer-to-peer connection.
Camera and Mic Access. Participation in a room requires access to your Device’s camera and microphone but not to your Device’s stored images, videos, or audio recordings.
Video and Audio Content. When you participate in a Room, you understand that your likeness, voice, similar identifiable characteristics, and background information will be collected and transmitted to our Provider and to other participants in the Room. Your use of the Room functionality means you explicitly consent to the collection, transmission, and temporary storage of this content for the purposes of providing the Room functionality.
- How We Use Your Personal Information.
We strictly limit the use of any personal information you provide to use to the following purposes:
To enable you to use the App’s features;
To enable the App’s peer-to-peer functionality;
To receive marketing and promotional correspondence (ONLY if you create a Kink Account);
To ensure compliance with applicable law.
No Data Plays. We do not sell your personal information to any third parties for whatever purpose.
No Ads. We do not use your personal information for marketing or promotional purposes. The App contains no advertising display functionality.
- Third-Party Providers and Your Personal Information.
When you participate in a Room, certain personal information (such as your likeness and voice) will be transmitted to and collected by our Provider. We require Providers to strictly limit the use of such personal information to providing Room functionality (such as temporary storage of video content for buffering). We also require that Providers permanently delete any such information in temporary storage once a Room is closed.
SST Maker. FOLLOWUP—we need to figure out what data may be transmitted to the toy.
- Retention and Deletion of Your Personal Information.
Unless you create a Kink Account, we do not store or retain any of your personal information.
If you choose to create a Kink Account, we will retain any personal information you provide us until such time as you delete your Kink Account or request that we do so on your behalf. At that point, all of your personal information that we have retained will be deleted. If you have subscribed to receive marketing correspondence, you may opt out of or unsubscribe from receiving such correspondence at any time.
For questions about our Deletion policies, or to request deletion of your data directly from us, please contact us at: firstname.lastname@example.org
We take your safety and security very seriously and remain in compliance with U.S. law regarding the protection of user data. While the App is designed to be used anonymously, the use of certain features (such as Room functionality) results in the transmission of certain personal information and may allow you to be identified by unauthorized persons. We have implemented the following features and safeguards in order to protect against breach or other unauthorized access to your personal information:
Anonymized Video Feeds.
No Recording Feature.
Room Password Feature.
Deep by Kink—Anonymized Commands.
WARNING. Please be aware that background information may be visible in your video and audio feeds during Room sessions. If you are engaging in random Room play, we advise you to consider this and apply an appropriate filter or greenscreen for video and take steps to minimize any background audio that may be present.
- Disclosure of Retained Information.
We do not share your information with anyone or in any way other than as described in this Policy. To the extent that we have retained any of your personal information (such as if you have created a Kink Account), we may disclose that information under the following circumstances:
If disclosure is required under applicable law;
To comply with a valid subpoena, warrant, or other legally valid request;
As required in order to detect, prevent, or address fraud, abuse, misuse, potential violation of any law, or security or technical issue; or
To protect against imminent harm to the rights, property, or safety of us, our users, our employees, or members of the public.
- Children Prohibited.
We do not knowingly collect or disclose the personal information of anyone under the age of 16. Children under the age of 18 are prohibited from using the App. If you are a parent or guardian and become aware that your child has provided us with personal information, please contact us at email@example.com and we will work with you to address the issue.
- California Privacy Notice.
This supplemental notice explains how you can exercise your rights under the California Consumer Privacy Act (“CCPA”). The CCPA provides various rights that California consumers may exercise in regard to their information and/or data. We will make commercially reasonable efforts to identify your personal information that we may collect, process, store, disclose or otherwise use, and to respond to your requests. We reserve the right to charge a reasonable fee, or to decline to act upon a request, if it is excessive or overly burdensome. If we deny your request, we will explain the reasons in our response.
Right to Access. California consumers have the right to request: categories of personal information that we have collected, the categories of sources of personal information, the business or commercial purpose for collecting personal information, the categories of third parties with whom we sell personal information, and the specific pieces of personal information we have collected.
You can request information about the personal information we retain by emailing us at firstname.lastname@example.org. We try to fulfill access requests within 45 days of receiving them. If we need more time or information, we will inform you in writing.
Right to Deletion. Subject to some exemptions, California consumers have the right to request deletion of the personal information we have collected from them.
You can request deletion of your personal information by emailing us at email@example.com. Deletion requests may take between 30 and 60 days to fulfill. If we need more time or information, we will inform you in writing.
Right to Opt-Out. California Consumers have the right to opt-out of any “sale” of their personal information. The definition of “sale” under the CCPA is broad and includes sharing for marketing purposes. We do not sell or share your information with any third party except in order to provide App functionality. Nevertheless, you can request to opt-out of any sale of your personal information by emailing us at firstname.lastname@example.org.