Kink.com Privacy Policy

Effective Date: January 13, 2005
Last Updated: April 17th, 2019

This Privacy Policy sets out how we, Cybernet Entertainment LLC (d/b/a/ Kink, Kink.com and C.E. LLC), collect, store and use information about you when you use or interact with our website, Kink (“the website”) and where we otherwise obtain or collect information about you.

Information We Collect About You

Summary

We collect information about you when you:

• Use the website
• Create an account
• Make purchases
• Subscribe to our emails
• Communicate with us

We also collect information, such as usage statistics, by using cookies, server logs, and similar technologies.

Information You Provide to Us

We collect information that you provide directly to us. For example, we collect information that you provide when you create an account, choose a viewing filter, rate or comment on content, add items to your Favorites, communicate with us (via email, a contact form, postal mail, or otherwise), or make purchases on the website.  

Account Data		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”).
Ratings, Comments and Favorites		When you rate a piece of content, make a comment on a piece of content or add content to your favorites, we record that information. Comments are publicly viewable to others.
Payment Data		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, Kink does not collect or store sensitive cardholder data, such as cardholder name, full credit card numbers or billing address data.
Communication and Support		If you contact us for support or to report a problem or concern (regardless of whether you have created an account), we collect and store your contact information, messages, and other data about you like your name, email address, location, browser version, operating system, IP address, and any other data you provide or that we collect through automated means (covered below). We use this data to respond to you and research your question or concern, in accordance with this Privacy Policy.

Information We Collect Automatically

When you access the website, we collect certain data by automated means, including:

System Data		Technical information such as your IP address, type of device being used to access the website, browser and operating system type and version, and similar system data (“System Data”).
Log and Usage Data		Data about your usage of the website, such as the website that referred you (if applicable), pages viewed, videos played or downloaded, date and time when you log into your account , and other data regarding your use of the website (“Log and Usage Data”).
Country-Level Geographic Data		We attempt to determine what country you are accessing the website from based on your IP address (“Geographic Data”).

How We Collect Information

In addition to data that you provide, we use tools like cookies and web beacons, as well as analytics services and advertising providers to gather data. Some of these tools offer you the ability to opt out of data collection.

Cookies and Data Collection Tools

We use browser cookies and similar information-gathering technologies such as web beacons on our website.

As detailed in our Cookie Policy, Kink and service providers acting on our behalf (like Google Analytics, third party advertisers and third party IT service providers) use server log files and automated data collection tools like cookies, tags, scripts, customized links, device or browser fingerprints, and web beacons (together, “Data Collection Tools”) when you access and use the website. These Data Collection Tools automatically track and collect certain System Data, Usage Data and Geographic Data (as detailed above) when you use the website. In some cases, we tie data gathered through those Data Collection Tools to other data that we collect as described in this Privacy Policy.

Please see our Cookie Policy for detailed information on our use of cookies.

Analytics

We use third-party analytics services like Google Analytics and Optimizely on the website. These services use Data Collection Tools to help us analyze use of the website. Their collection and use of information is subject to their own privacy policies.

For more information, please see Google Analytics’ Terms of Service or Optimizely’s Privacy Policy.

Advertising

We use third-party advertising services like Adnium, Adsterra and other ad networks and ad servers to deliver advertising about other websites you may be interested in. The ads may be based on the content filters you’ve chosen to use to browse our website.

These third-party services may place cookies or other tracking technologies on your computer, phone, or other device and may access those tracking technologies in order to serve these tailored advertisements to you. To learn more, including how you may be able to control or disable these services, please see our Cookie Policy.

How We Use the Data We Collect

We use the data we collect through your use of the website to:

• Provide and administer the website, including to display customized content, process transactions, and improve the performance of the website;
• Communicate with you about your account by:
• Responding to your questions and concerns;
• Sending you transaction-related information;
• Sending you information about updates to your Favorites, new services, new features, promotions, newsletters, and other information (which you can opt out of at any time);
• Manage your account preferences;
• Market and administer surveys and promotions administered or sponsored by Kink;
• Improve our website and develop new products, services, and features;
• Monitor and analyze trends, usage, and activities in connection with our website;
• Detect, investigate, and prevent fraudulent transactions, abuse, and other illegal activities;
• Perform accounting and administrative tasks, and enforce or manage legal claims;  or
• As we, in our sole discretion, otherwise determine to be necessary to ensure the safety or integrity of our users, employees, third parties, the public, or our company

We retain the personal data we collect for so long as reasonably necessary to fulfill the purposes for which the data was collected, to perform our contractual and legal obligations, and for any applicable statute of limitations periods for the purposes of bringing and defending claims.

Who We Share Your Data With

We do not share information about you in any way other than as described in this Privacy Policy. We may share your data with third parties under the following circumstances:

With Service Providers, Contractors, and Agents

We share your data with third-party companies who perform services on our behalf, like payment processing, data analysis, fraud detection, marketing and advertising services, email and hosting services, and customer services and support. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service.

For Analytics 

As part of our use of third-party analytics tools like Google Analytics, we share certain Account Data, System Data, Usage Data (as detailed above), or de-identified data as needed. De-identified data means data where we’ve removed things like your email address and replaced it with a number that is not directly tied to you.

For Security and Legal Compliance

We may disclose your data to third parties if we (in our sole discretion) have a good faith belief that the disclosure is:

• Required by law;
• Reasonably necessary as part of a valid subpoena, warrant, or other legally-valid request;
• Reasonably necessary to enforce our Terms of Use, Privacy Policy, and other legal agreements;
• Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues; or
• Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of our company, our users, employees, or members of the public.
• We may also disclose data about you to our auditors and legal advisors in order to assess our disclosure obligations and rights under this Privacy Policy.

After Aggregation/De-identification

We can disclose or use aggregate or de-identified data for any purpose. 

With Your Permission

With your explicit consent, we may share data to third parties outside the scope of this Privacy Policy.

How We Protect Your Information

Kink is based in the United States. Information about you will be transferred to, and processed in, the U.S. and countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country and, in some cases, may not be as protective. We have taken appropriate safeguards to require that your information will remain protected in accordance with this Privacy Policy.

We employ technical and organizational measures such as firewalls and encryption that are designed to appropriately protect your information that is under our control and that we process on your behalf from unauthorized access collection, use, disclosure, copying, modification or disposal, both during transmission and once we receive it. We store all information that you provide to us on secure servers. However, no method of transmission over the internet or method of electronic storage is completely secure.

Our website may contain links to third party sites or online services. We are not responsible for the practices of such third parties, whose information practices are subject to their own policies and procedures, not to this Privacy Policy.

Your password is an important part of our security system, and it is your responsibility to protect it. You should not share your password with any third party, and if you believe your password or account has been compromised, you should change it immediately and contact [e-mail] with any concerns.

Your Choices and Rights

You have certain rights around the use of your data, including the ability to opt out of promotional emails, cookies, and collection of your data by certain analytics providers. You can update your account from within the website, and can also contact us for individual rights requests about your personal data.

Your Choices

You can choose not to provide certain data to us, but you may not be able to use certain features of the website.

Account Information

You may update, correct or delete your account information by editing your account settings or emailing [e-mail].

Location Information

The browser or device you use may allow you to control cookies and other types of local data storage. Your wireless device may also allow you to control whether location or other data is collected and shared.

Cookies

We may use and allow others to use cookies, web beacons, device identifiers, and other technologies to collect information about your use of the Platform and other websites and online services. 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.

Promotional Communications

You can control messages that you receive from Kink 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.

Favorites, Ratings and Comments

You may add or remove Favorites from your lists at any time by clicking the heart-shaped icon on thumbnail images or scene pages.

To delete rating or comment data you’ve created, please contact [e-mail].

Your 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 [e-mail].

Rights that you may have, depending on the country 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/

If you have any questions about your data, our use of it, or your rights, you may contact us at [e-mail].

California Disclosures

California Information-Sharing Disclosure

California residents may request a list of all third parties with respect to which we have disclosed any information about you for direct marketing purposes and the categories of information disclosed. If you are a California resident and want such a list, please send us a written request by email to [e-mail] with “California Privacy Rights” in the subject line.

Do Not Track

We do not currently recognize or respond to browser-initiated Do Not Track signals as there is no consistent industry standard for compliance.

Changes to This Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, and if we do we’ll post any changes, including any material changes, on this page, so please be sure to check back periodically. If you continue to use Kink after those changes are in effect, you agree to the revised Policy.

Contacting Us

If you have any questions or comments about this policy, please contact us at [e-mail] or send postal mail to:

Kink.com

Attn: Privacy

1155 Mission Street

San Francisco, CA 94103