Privacy Policy
CUMNSEE.COM PRIVACY POLICY
Effective date:
January 13th, 2021
I. OVERVIEW
The following Privacy Policy shall govern the lawful, fair and transparent processing of Personal Data of natural persons conducted by CumNSee Ltd. as the operator of cumnsee.com website, CumNSee Android app, gay.cumnsee.com website, CumNSee Gay Android app and other CumNSee services therein (designated here as "the Service" and to be considered equivalent to "the Service" as designated by the CumNSee Terms & Conditions or "T&C").
This Privacy Policy shall also contain the CumNSee Cookie Policy (see below).
Relevant persons pursuant to the Regulation EU 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, or "GDPR"):
1. The Data Controller is:
CumNSee Ltd.,
company duly registered in Marshall Islands under registry number 94010.
(hereafter: the "Controller" or "CumNSee", or "us" or "we");
2. The EU Representative (pursuant to Art. 27 of the GDPR) of the Data Controller is:
PrighterGDPR-Rep by Maetzler Rechtsanwalts GmbH & Co KG
c/o CumNSee Ltd.
Schellinggasse 3/10
1010 Vienna
AUSTRIA
Website: prighter.com/q/14650798
3. The UK Representative (pursuant to Art. 27 of the UK-GDPR) of the Data Controller is:
PrighterUK-Rep by Prighter Ltd
c/o CumNSee Ltd.
Kemp House 160 City Road
London EC1V 2NX
UNITED KINGDOM
Website: prighter.com/q/14650798
This Policy (together with the T&C and any other documents referred to within) sets out the legal basis on which any Personal Data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it.
This Privacy Policy shall describe
- the type of Personal Data we collect
- the legal basis and legal requirements for Personal Data collection,
- the scope, purpose and method of Personal Data collection,
- the security measures to be undertaken to protect any and all collected Personal Data,
- Personal Data management rights,
- time limit (duration) of storage of collected Personal Data.
II. COOKIE POLICY
III. WHAT PERSONAL DATA DO WE COLLECT?
We collect Personal Data of persons signed up as users of our Service (hereafter: "Users" to be understood as equivalent to "Users" as defined by the T&C) as well as Personal Data of Models, Recruiters, Support Agents or other third persons (hereafter: "Contributors" understood as equivalent to "Contributors" as defined by the T&C) (Users and Contributor to be jointly referenced in this document as "You" or "Your"). Both the Users and Contributors themselves provide these Personal Data.
NOTE: We will inform you if providing some Personal Data is optional, including if we ask for your consent to process it. In all other cases, if you fail to provide the requested personal data, we may be unable to provide you with our Service.
IV. WHAT PERSONAL DATA DO WE COLLECT FROM USERS
We collect Personal Data when the User:
1. signs up for our Services to become a Paying Customer;
2. browses our sites or uses our apps;
1. The Personal Data we collect when you sign up for our Services:
i) E-mail address
ii) Date of birth
iii) Gender
iv) Country
v) Hair color
vi) Ethnicity
vii) Body type
viii) Users’ payment information (Card number, expiration date etc.)
NOTE: Personal data as described under vi) may be considered as a special category of data pursuant to provisions of the GDPR and as such are provided with special protections. This data is not mandatory and is considered to be self-disclosed by the User. See more below (VIII d).
NOTE: Personal data as described under v) and vii) is not mandatory and is considered to be self-disclosed by the User.
What do we use these Personal Data for?
This is the information we process to enable you to become a "Paying Customer" and to verify your age to ascertain whether you are of minimum Required Age (as defined by the T&C).
2. Personal Data we collect when you browse our Website or use our apps
i) Your IP address;
ii) Type of device and browser used;
iii) Location data, which might be gained through your IP address or GPS data;
iv) Streaming video broadcasts from your computer that may include your face or other identifiable feature (Premium Users only);
This is information we collect by placing cookies on your devices, following your consent pursuant to our Cookie Policy (see section II.), or by use of other session authentication methods. Streaming video broadcasts are processed only if initiated and consented to by the Premium User.
What do we use these Personal Data for?
This is the information we collect while you use the Service, either through the CumNSee website or apps, and is used to improve our Service and to enable us to monitor suspicious traffic in order to enforce our T&C and to provide better security of the Service and of its Users and Contributors against malicious actors. Read our Cookie Policy (see section II.) to find out more.
V. WHAT PERSONAL DATA DO WE COLLECT FROM CONTRIBUTORS
We collect Personal Data when the Contributor:
1. applies to become a Contributor;
2. enters into a contract with us;
3. applies to be featured on the CumNSee blog;
1. The Personal Data we may collect when you apply to become a Contributor:
i) E-mail address
ii) First name
iii) Last name
iv) Date of birth
v) Country
vi) Hair color
vii) Body type
viii) Ethnicity
NOTE: Depending on the type of Contributor (Model, Recruiter or Support Agent), some of the enumerated Personal Data shall not be collected.
NOTE: Personal data as described under viii) may be considered as a special category of data pursuant to provisions of the GDPR and as such are provided with special protections. This data is not mandatory and is considered to be self-disclosed by the Contributor. See more below (VIII d).
What do we use these Personal Data for?
We use these Personal Data to ascertain whether you are of the minimum Required Age (as defined by the T&C). Should you decide to disclose data described under viii) it shall be used exclusively to provide a filtered and personalized Service to our Users, your clients.
2. The Personal Data we may collect when you enter into a Contributor contract with CumNSee
i) Payment information (Card number, expiration date etc.)
ii) Bank account information (account number, name of bank, SWIFT code etc.)
iii) Photo or scan of a government issued ID document
iv) Third-party payment service data
v) Cryptocurrency payment information (cryptocurrency wallet ID etc.)
NOTE: Depending on the type of Contributor (Model, Recruiter or Support Agent), some of the enumerated Personal Data shall not be collected.
What do we use these Personal Data for?
We use these Personal Data to verify your age to ascertain whether you are of the minimum Required Age (as defined by the T&C). These data are also essential for us to be able to provide payment to you pursuant to our contractual obligations.
3. The Personal Data we may collect when you apply to be featured on the CumNSee blog:
i) Age
ii) Country
iii) Hair color
iv) Ethnicity
v) Body type
NOTE: Personal data as described under iv) may be considered as a special category of data pursuant to provisions of the GDPR and as such are provided with special protections. This data is not mandatory and is considered to be self-disclosed by the Contributor. See more below (VIII d).
What do we use these Personal Data for?
We use these Personal Data to provide you with greater visibility on the Service, and to promote the most lucrative, reliable and loyal Contributors (Models) on the Service.
4. Personal Data we collect when you browse our Website or use our apps
i) your IP address;
ii) type of device and browser used;
iii) location data, which might be gained through your IP address or GPS data;
iv) streaming video broadcasts from your computer that may include your face or other identifiable feature (Models only);
This is information we collect by placing cookies on your devices, following your consent pursuant to our Cookie Policy (see section II.), or by use of other session authentication methods. Streaming video broadcasts are processed only if initiated and consented to by the Model.
What do we use these Personal Data for?
This is the information we collect while you use the Service, either through the CumNSee website or apps, and is used to improve our Service and to enable us to monitor suspicious traffic in order to enforce our T&C and to provide better security of the Service and of its Users and Contributors against malicious actors. Read our Cookie Policy (see section II.) to find out more.
Streaming video broadcasts of Models are processed to enable us to provide our Services, improve our Services, to monitor suspicious traffic, in order to enforce our T&C and to protect Users and other Contributors against malicious behaviour and other illegal or unacceptable behaviour.
VI. HOW WE USE YOUR PERSONAL DATA
We may use the Personal Data you provide about yourself to enable you to use our Services in a lawful way, to respond to your inquiries about the Service, and to offer you other products, programs, or services we believe may be of interest to you. We may also use your Personal Information to administer sweepstakes and contests.
We may use or disclose your information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
If we consider it necessary, we may disclose your Personal Data to third parties in good faith that such disclosure is reasonably necessary to
(i) take action regarding suspected illegal activities;
(ii) investigate, enforce or apply our CumNSee T&C or this Privacy Policy;
(iii) comply with legal process, such as a search warrant, subpoena, statute, or court order; or
(iv) protect our rights, reputation, or property or that of our Users and/or Contributors, affiliates, the public or other third parties. Please note that we are not required to question or contest the validity of any search warrant, subpoena, or other similar governmental request we may receive.
We use information about which links have been followed and whether action has been taken on another party’s website in order to improve our offerings and customize the Service.
Technical and navigational information, such as computer browser type, IP address, pages visited, and average time spent on our Services, may be used, for example, to alert you to software compatibility issues, or it may be analysed to improve our website design and functionality.
VII. LEGAL BASIS FOR PROCESSING OF PERSONAL DATA
The legal basis for processing of Personal Data:
a) Processing is necessary for the performance of a contract to which the User and/or Contributor is party or in order to take steps at the request of the User and/or Contributor prior to entering into a contract;
The processed Personal Data is necessary to enable us to enter into an agreement with the User and/or Contributor, to execute the agreement and provide our Services pursuant to the agreement within the scope of the T&C.
b) processing is necessary for compliance with a legal obligation to which the Controller is subject;
Due to the nature of the Services provided by CumNSee (adult entertainment, payment and financial services), we are legally obligated to process, store, and, if needed, reproduce Personal Data pertaining to the age of particular Users and/or Contributors, and financial transactions made by the User and/or Contributor if so requested by law enforcement agencies; financial regulators and other relevant regulatory authorities; government bodies; tax authorities; courts tribunals and complaints/dispute resolution bodies and Other bodies as required by law or regulation if such a request has sound legal basis.
Furthermore, we must process and store certain Personal Data because we are legally obligated to allow the User and/or Contributor to exercise his or her rights under the GDPR.
c) processing is necessary for the purposes of the legitimate interests pursued by the Controller;
We collect your Personal Data for the following legitimate interests:
• Provision of our adult entertainment Services;
• Promotion of ideas and events relating to Services we provide;
• Accuracy of User and Contributor records;;
• Maintenance of records of communications and management of User and Contributor relationship with CumNSee;
• To respond to User and Contributor enquiries;
• To comply with any present or future law, rule, regulation, guidance, decision or directive (including those concerning anti-terrorism, fraud, anti-money laundering and anticorruption);
• To carry out, in appropriate cases, KYC checks and other procedures that we undertake prior to you becoming a User or Contributor;
• Prevention and detection of fraud and other illegal activity or misconduct
• For informing you about compliance with legal and regulatory obligations and provide related guidance.
d) the User and/or Contributor has given consent to the processing of his or her Personal Data for one or more specific purposes;
Usually, this is the case when you request us to disclose your Personal Data to other people or organisations, or otherwise agree to disclosures.
This is also the case when we process any special categories of personal data as defined by Art. 9 of the GDPR if such Personal Data is not self-disclosed or to send you marketing communications where we’ve asked for your consent to do so.
This is also the case when we ask to collect your Personal Data while you browse our Website, all in accordance with our Cookie Policy (see section II.).
You may, at any time, manage your consents through your CumNSee account at cumnsee.com/consents or gay.cumnsee.com/consents
VIII. DURATION OF RETENTION OF PERSONAL DATA:
We shall retain your Personal Data to protect our legitimate business interests for a minimum of 2 years after your User or Contributor account closure.
Due to the sensitive nature of our Service (adult entertainment, payment and financial services) we retain some of your Personal Data (data pertaining to verification of your age and data pertaining to financial transactions, proof of certain GDPR compliance related Personal Data) to protect our legitimate business interests and to meet legal obligations for a minimal period required by law, which in any case may be no shorter than 5 years after your User or Contributor account closure.
We shall retain Personal Data pertaining to guest Users i.e. Users who do not sign-up for the Service, but still visit the CumNSee website or otherwise use the Service, or use the allotted free model viewing time as defined by the T&C, for a minimum of 2 years after cessation of free usage of the Service. Such Personal Data shall be retained to protect our legitimate business interests, and to allow us to meet our legal obligations provided by the GDPR and other data protection legislation.
After this period has passed, your Personal Data will be automatically deleted.
IX. WHO DO WE SHARE YOUR PERSONAL DATA WITH?
We may share your Personal Data with the following types of recipients:
(a) With companies in our business group, sub-contractors, third-party service providers and partners who provide data processing services to us, such as but not limited to payment processing, other payment and money withdrawal issues, legal and financial advisory services, IT-support, etc.. All such parties are obligated to use your Personal Data in accordance with this Privacy Policy and our T&C.
(b) With any competent law enforcement body, regulatory authority, government agency, court of law or other third party where we believe disclosure is necessary
(i) as a matter of applicable law or regulation,
(ii) to exercise, establish or defend our legal rights, or
(iii) to protect your vital interests or those of any other person.
(c) With a potential or actual buyer (and its agents and advisers) in connection with any proposed or actual purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information solely for the purposes disclosed in this Privacy Policy.
(d) With any other person, such as Clients and Third Parties, with your consent for such disclosure.
NOTE: Except as otherwise stated in this Privacy Policy, we generally do not sell, trade, rent or share Personal Information that we collect with third parties unless we have your consent to do so.
X. HOW WE PROTECT YOUR PERSONAL DATA?
We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your Personal Data against loss, misuse, unauthorized access, disclosure, and alteration. The security measures include firewalls, data encryption, physical access controls to our data centres, and information access authorization controls. While we are dedicated to securing our systems and Services, you are responsible for securing and maintaining the privacy of your password(s) and Account/profile registration information and verifying that the Personal Data we maintain about you is accurate and current.
We do not store or process any customer credit card information provided to us at any time during, or after the sale. Any payment information provided is transmitted to a 3rd party via a secure socket layer.
XI. WHAT ARE YOUR DATA PROTECTION RIGHTS?
You have the following data protection rights:
(a) To access, correct, update or request deletion of your personal information. You may do so by contacting us using the information in the "How To Contact Us" section below.
(b) To object to the processing of your personal information (which is processed on the grounds of legitimate interests), ask us to restrict processing of your personal information or request portability of your personal information. Again, you may do so by contacting us using the information in the "How To Contact Us" section below.
(c) To opt out of marketing communications we send you, at any time. You can exercise this right by clicking on the "Subscription settings" link in the marketing communications we send you or by accessing your subscription settings in your CumNSee Account. If we are processing your personal information with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted pursuant to lawful processing grounds other than consent. You may do so by contacting us using the details at "How To Contact Us" heading below.
You have the right to file a complaint with a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
XII. AUTOMATED DATA PROCESSING
CumNSee uses automated data processing (decision making) when determining whether a User and/or Contributor has engaged in an inadequately remunerated live sex session contrary to the Live Sex Session Policy as described in the CumNSee T&C, and then deducts the minimum necessary funds form a Users’ and/or Contributors’ CumNSee account balance.
The CumNSee algorithm automatically highlights such live sex sessions and then determines automatically what the minimum amount of tokens had to be spent by the User for the live sex session not to be considered inadequately remunerated. After this determination is made, the CumNSee system automatically deducts the established difference from the User and/or Contributors CumNSee account balance, and notifies the User and/or Contributor of the deduction and warns the User and/or Contributor that inadequately remunerated live sex sessions are against the CumNSee T&C and may result in temporary or permanent loss of Premium User status for Users or temporary or permanent account suspension for Contributors.
NOTE: The system only deducts from funds available in the User and/or Contributor CumNSee account balance. CumNSee does not directly charge User and/or Contributor credit cards
Furthermore, CumNSee uses automated data processing (decision making) when determining if certain conditions that depend on factors such as the duration of streaming time or income generated by Contributors have been met, all in order to execute payment of commissions and subventions pursuant to the CumNSee T&C as well as specific Contributor Program agreements. This check is made every 24 hours and if conditions are found to be met, pay-outs of commissions and subventions are executed in favour of the receiving Contributor to their account balance.
We use these systems to ensure performance of contracts with our Users and/or Contributors in accordance with the CumNSee T&C and also to protect our legitimate interests. Without automatic monitoring and deduction of funds as described or periodic monitoring of whether conditions for commission and subvention pay-outs are met, enforcing provisions of the CumNSee T&C regarding inadequately remunerated live sex sessions and executing payments of commissions and subventions through human actions and monitoring may be extremely difficult and time consuming.
Users and Contributors may, at any time, contact us at cumnsee.com/contact-us or gay.cumnsee.com/contact-us, if they believe their rights have been violated, or that their funds have been erroneously deducted.
XIII. TRANSFERS OF YOUR PERSONAL DATA TO OTHER COUNTRIES
A network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers supports our operations. We and our third-party service providers store and process your Personal Data through our servers in the United States of America and the European Union. We will protect your information as described in this Privacy Policy (see section X.) if your Personal Data is transferred to other countries. By using our Website and Services, you consent to your Personal Data being transferred to other countries, including countries that have different data protection rules than your country.
XIV. NOTICE TO RESIDENTS OF CALIFORNIA
We do not sell, rent, or share personal information with third parties as defined under the California Consumer Privacy Act of 2018 (California Civil Code Sec. 1798.100 et seq.), nor do we sell, rent, or share personal information with third parties for their direct marketing purposes as defined under California Civil Code Sec. 1798.83.
XV. CHANGES TO THIS POLICY
We may update this Privacy Notice from time to time in response to changing legal, technical or business developments. When we update our Privacy Notice, we will take appropriate measures to inform you, in accordance with the significance of the changes we make. The revised Privacy Policy will be effective as of the published effective date.
XVI. CONTACT US
You may contact our EU or UK Representative regarding all your privacy enquiries.
EU Representative:
PrighterGDPR-Rep by Maetzler Rechtsanwalts GmbH & Co KG
c/o CumNSee Ltd.
Schellinggasse 3/10
1010 Vienna
AUSTRIA
Website: prighter.com/q/14650798
Please add the following subject to all correspondence:
DPI-REP ID: 14650798
UK Representative:
PrighterUK-Rep by Prighter Ltd
c/o CumNSee Ltd.
Kemp House 160 City Road
London EC1V 2NX
UNITED KINGDOM
Website: prighter.com/q/14650798
Please add the following subject to all correspondence:
DPI-REP ID: 14650798
