Effective Date: January 13, 2005
Last Updated: March 24, 2020
Information We Collect About You
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.
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.
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).
Information We Collect Automatically
When you access the website, we collect certain data by automated means, including:
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.
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.
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.
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
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.
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;
- 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 can disclose or use aggregate or de-identified data for any purpose.
With Your Permission
With Partners for Cross-Sales
Site members have the option to purchase access to additional content providers who have a business relationship with Kink.com, but are not owned and operated by Kink. Participation in a cross-sale is explicitly opt-in and never pre-checked or pre-selected.
We have opt-in relationships with the following providers:
- Badoink - http://www.badoink.com/privacy.html - KinkVR
- Flirt4Free - https://www.flirt4free.com/privacy.php - KinkLive
In order to opt-in, we will send:
- username (configurable by the user prior to sending)
- password for the service provided by the user at the time of opt-in (we do not store or log)
- email address associated with the Kink.com account
- current session's IP address
- viewing preference (configurable by the user prior to sending, KinkLive only)
- RocketGate payment record (if any)
When a user opts in, we record the following in order to provide support and to allow one-click logins from our interface:
- The member ID
- The partner ID
- The username selected
- Whether payment record was sent
- Automated response from partner
With our Affiliate Program
Kink.com runs an in-house affiliate program at https://www.kinkydollars.com/ that is owned and maintained by Kink.
When an affiliate links traffic to Kink.com, they include query parameters that contain their affiliate account, an optional campaign tracker, and an optional custom parameter. When someone registers for the site or makes a purchase within 10 days of that affiliated traffic being seen on the site, a record of the transaction is recorded within KinkyDollars and used to calculate payouts.
No member information is stored within or sent to KinkyDollars; only records of activity.
For example on a registration, a record of the registration is made with the source URL (if known), target URL, affiliate and campaign, and where the user registered on the site.
For transactions, we will also store product information and the purchase amount, out of which the affiliate’s payout is calculated. We internally store an invoice Id for correlation and debugging, but that is not exposed to Affiliates.
How We Protect Your Information
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.
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 firstname.lastname@example.org 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.
You can choose not to provide certain data to us, but you may not be able to use certain features of the website.
You may update, correct or delete your account information by editing your account settings or emailing email@example.com.
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.
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 firstname.lastname@example.org.
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 email@example.com.
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 firstname.lastname@example.org.
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 email@example.com 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.
If you have any questions or comments about this policy, please contact us at firstname.lastname@example.org or send postal mail to:
1155 Mission Street
San Francisco, CA 94103