KINKYCLIPS
PRIVACY POLICY
Last Update: Jan 30, 2024
This Privacy Policy (“Privacy Policy” or “Policy”) sets out how we, Cybernet Entertainment LLC (the “Company” or “we”), collect, store and use information about you when you visit, access, engage with, or use the website located at kinkyclips.com (the “Website”) and the Company's practices for collecting, using, keeping, protecting, and disclosing that information.
By accessing or using the Website, you agree to the Privacy Policy and consent to the Company's collection, use, disclosure, retention, and protection of your personal information as described. The Company may change this Policy on one or more occasions. The Company will consider your continued use of the Website after the Company makes changes as your acceptance of the changes, so please check this Policy frequently for updates.
This Policy applies to the information the Company collects:
- On the Website (including desktop and mobile versions).
- In any communication (email, text, bulletin, chat) between you and the Company.
- When you interact with the Company's advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.
- When you interact with the Website through third-party social media platforms.
We may change this Privacy Policy on one or more occasions. Changes will become effective on the “last updated” date stated at the top of this page. While the Company will try to notify you when the Company changes the Privacy Policy, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use the Website after the Company posts changes to the Privacy Policy, you agree to the updated version. If you do not agree to the updated version of the Privacy Policy your exclusive remedy is to stop accessing the Website.
- Are minors allowed to use the Website? No. The Company does not collect or solicit any information from anyone under 18-years old or allow people under 18-years old to register for the Website. The Website and its content are directed to adults and people over 18-years old. In the event that the Company learns that it has collected personal information from a child under 18-years old, the Company will delete that information as quickly as possible. If you believe that the Company might have any information from or about a child under 18-years old, please contact the Company at privacy@kinkyclips.com.
-
What types of information does the Company collect? The Company may collect several types of information from and about users of the Website, including information:
- by which you may be personally identified, including your full name, username, mailing address, email address, date of birth, passwords, social security number/federal employment identification number, or any other information that the Company collects that is defined as personal or personally identifiable information under law (“personal information”);
- that is about you but individually does not identify you, including your age, gender, location, or any other optional information you provide about yourself;
- that is learning about your preferences so we can create products that appeal to you and other users;
- about your Internet connection, the equipment you use to access the Website, and usage details; In order to use certain features (like view trailers or make a purchase), you need to create a user account. When you create or update your account, we collect and store the data you provide, like your email address, password, and username, and assign you a unique identifying number (“account data”);
- about your appearance, likeness, voice, preferences, characteristics, psychological trends, predispositions, behavior, attitudes, abilities, or aptitudes;
- If you make purchases, we collect data as necessary to process your order. This includes the last 4 digits and type of credit card used. In order to process your payment we use third party payment processors, including RocketGate. Your payment will be processed by RocketGate via a payment gateway. For security, the Company does not collect or store sensitive cardholder data, such as cardholder name, full credit card numbers or billing address data; and
- we, or our contractors, may collect, store, and/or maintain biometric information including, but not limited to, a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry, from any content or verification documents you provide to us or upload to the Website.
- When does the Company collect information? We collect information about you when you:
- Use the Website
- Upload, download, or access content
- Create an account
- Make purchases
- Subscribe to our emails
- Communicate with us
- Post or access content
- Engage with other subscribers, fans, or content creators using communication tools such as chat, direct messages, or bulletin boards
We collect information, such as usage statistics, by using cookies, server logs, and similar technologies. We also use data analytic tools and machine learning to anticipate preferences, suggest products, and create new products.
-
Who does the Company share your information with? The Company may disclose aggregated information about its users, and information that does not identify any individual, without restriction. The Company may disclose personal information that it collects or you provide as described in this Policy:
- To the Company's subsidiaries and affiliates.
- To contractors, service providers, and other third parties the Company uses to support its business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which the Company discloses it to them.
- To payment service providers to (a) process payments; (b) prevent, detect, and investigate fraud or other prohibited activities; and (c) for other purposes associated with the acceptance of credit or debit cards. The Company may share your credit or debit card number with payment service providers or card networks to monitor card transactions at participating merchants and track redemption activity for the purposes of providing card-linked services.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about the Website's users is among the assets transferred.
- To third parties to market their products or services to you if you have not opted out of these disclosures. The Company contractually requires these third parties to keep personal information confidential and use it only for the purposes for which the Company discloses it to them. For more information, see What choices do you have about how the Company uses and discloses your information?
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by the Company when you provide the information.
- With your consent.
The Company may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or apply the Terms of Use and other agreements, including for billing and collection purposes or to receive payment from the Company.
- If the Company believes disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, its customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
-
What choices do you have about how the Company uses and discloses your information? The Company provides you the ability to exercise certain controls and choices regarding its collection, use, and sharing of your information. In accordance with local law, your controls and choices may include:
- You may correct, update, and delete your account information.
- You may change your choices for subscriptions and newsletters.
- You may choose whether or not to receive offers from the Company.
- You may choose whether you received targeted advertising from the Company or its partners.
- You may choose to have certain sensitive information (for example, your social security number, financial account information, your precise geolocation data, or your genetic data) used only for limited purposes, such as providing you with the services you requested.
-
How do you access and correct your information?
You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account at kinkyclips.com/login. For other personal information that the Company holds, the Company will provide you with access for any purpose including to request that the Company correct the data if it is inaccurate or delete the data if the Company is not required to retain it by law or for legitimate business purposes. The Company may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.
- What about information that I provide to other users? You also may provide information to be published or displayed (“posted” on public areas of the Website, or transmitted to other users of the Website or third parties through chats, direct messages, or comments (collectively, “user contributions”). Your user contributions are posted on the Website and transmitted to others at your own risk. Although you may be able to set certain privacy settings for this information by logging into your account, please be aware that no security measures are perfect or impenetrable. Additionally, the Company cannot control the actions of other users of the Website with whom you may choose to share your user contributions. Thus, the Company cannot and does not guarantee that your user contributions will not be viewed by unauthorized persons.
-
Does the Company use automatic or machine learning technologies to analyze information and user contributions? As you navigate through and interact with the Website or make user contributions, the Company may use automatic and intelligent data collection and processing technologies to collect and learn certain information about your equipment, browsing actions, speech and communication patterns, aggregated likeness information, and other usage patterns, including:
- Details of your visits to the Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and Internet connection, including your IP address, operating system, and browser type.
- Information about your mobile device and Internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
- Information about your user contributions and choices you make in terms of who to engage with and why.
- Aggregated information on word choices, methods of engagement, communication patterns, and behavioral traits.
- Store information about your preferences, thus allowing the Company to customize the Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to the Website.
- Anticipate your preferences to provide a more personalized experience.
- To send transactional messages, including responding to your comments, questions, and requests; providing customer service and support; and sending you technical notices, updates, security alerts, and support and administrative messages.
- To send promotional communications, such as providing you with information about services, features, newsletters, offers, promotions, contests, and events.
- To monitor and analyze trends, usage, and activities in connection with the Website and for marketing or advertising purposes.
- To investigate and prevent fraudulent transactions, unauthorized access to the Website, and other illegal activities.
- To personalize the Website content, features, or advertisements.
- To enable you to share content with users you designate.
- What sort of tracking tools does the Company use? We may use and allow others to use cookies, web beacons, tracking pixels, device identifiers, and other technologies to collect information about your use of the Website. See our Cookie Policy for details about these technologies and the information that they collect, use, or share, including how you may be able to control or disable these services.
-
How does the Company protect your personal information? The Company has implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, change, and disclosure. All information you provide to the Company is stored on its secure servers behind firewalls. The Company encrypts all payment transactions using SSL technology.
The safety and security of your information also depends on you. Where the Company has given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. The Company asks you not to share your password with anyone. In addition, the Company urges you to be careful about giving out information in public areas of the Website. The information you share in public areas may be viewed by any user of the Website.
No Security Guarantees: Although the Company takes appropriate measures to safeguard against unauthorized disclosures of information, the Company cannot assure you that information will never be disclosed, altered, or destroyed in a manner that is inconsistent with this policy.
- Where is your personal information kept? This policy is intended to cover collection of information on or through the Website from residents of the United States. If you are visiting the Website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where the Company's servers are located and the Company's central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that the Company seeks to take reasonable steps to make sure that your privacy is protected. By using the Company's services, you acknowledge that your information may be transferred to the Company's facilities and those third parties with whom the Company shares it as described in this policy. When you provide personal information to the Company through the Website, you consent to the processing of your data in, and the transfer of your data to, the United States or any other country in which the Company or its affiliates, subsidiaries, or service providers host these services.
- What is ‘Do Not Track’ on my browser and why doesn’t it work for KinkyClips? Do Not Track (“DNT”) is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your webpage visits collected over time and across websites or online services. The Company is committed to providing you with meaningful choices about the information it collects and that is why the Company provides you the ability to opt out. But the Company does not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information, visit www.allaboutdnt.com/.
- What is the privacy policy of websites that are referenced in linked from the Website? The Website may contain links to other websites. Please be aware that the Company is not responsible for the content or privacy practices of those other websites. The Company encourages its customers to be aware when they leave the Website and to read the privacy statements of any other website that collects personally identifiable information.
- What should I do if my copyrighted work is on the Website without my permission? The Website complies with the Digital Millennium Copyright Act (DMCA). If you reasonably believe that your copyrighted work has been used or posted by a third party without your consent, you may follow the instructions here [insert as hyperlink to DMCA page] on how to report it. By submitting a copyright infringement notice or other communication (including communications about content stored on or transmitted through the Website), you consent to have these communications forwarded to the person or entity who stored, transmitted, or linked to the content addressed by your communication, to facilitate a prompt resolution. The Company forwards DMCA infringement notices (including any personally identifying information contained in the notices) as submitted to the Company without any deletions.
- Section 230(d) of United States Code Title 47 Notice. In accordance with 47 U.S.C. § 230(d), we are required to notify you commercially available parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that you may deem is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
- How do I stop all the promotional communications from the Company and its affiliates? You can control messages that you receive from the Company and third parties by using the unsubscribe mechanism in the promotional communication you receive or by changing the email preferences in your account. Note that regardless of your email preference settings, we will send you transactional messages regarding the website, including administrative confirmations and order confirmations.
- What are and how do I exercise data protection and privacy rights? We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. You can contact us by sending an email to privacy@kink.com.
Rights that you may have, depending on the country or state in which you live, include:
- Accessing, correcting, updating, or requesting deletion of your information;
- Objecting to processing of your information, asking us to restrict processing of your information, or requesting the portability of your information;
- Withdrawing your consent at any time if we have collected and processed your information with your consent. Withdrawing your consent will not affect the lawfulness of any processing that we conducted prior to your withdrawal, nor will it affect processing of your information conducted in reliance on lawful processing grounds other than consent.
- Complaining to a data protection authority about our collection and use of your information. For more information, please contact your local data protection authority.
To learn more about the rights and options you have, you may find the following resources helpful:
- In the US: http://www.aboutads.info/
- In Canada: https://youradchoices.ca/
- In the European Union: http://www.youronlinechoices.eu/
California residents have additional rights as set forth in the California residents supplemental privacy policy set forth HERE. If you are a California resident and want to exercise those rights, please send us a written request by email to privacy@kink.com with “California Privacy Rights” in the subject line.
If you have any questions about your data, our use of it, or your rights, you may contact us at privacy@kink.com.
- How do I get more information or provide comments on this Policy? If you have any questions or comments about this policy, please contact us at privacy@kink.com or send postal mail to:
Kink.com
Attn: Privacy
1155 Mission Street
San Francisco, CA 94103