1. Your Consent
2. The Types of Information You may Provide
Information you may provide while visiting our Site or using our Facilities falls into two broad categories (i) personally identifiable information, and (ii) aggregate information. We use the term “Personally Identifiable Information” to mean any information that could reasonably be used to identify you including, for example, your name, address, e-mail address, age, photograph, or any combination of this or similar information. “Anonymous Information” is information that does not identify you, and may include statistical information concerning, for example, your use of our Facilities or the pages on our Site that you visit most frequently.
These two categories of information can be further divided into (a) information that we collect from you, and that you provide to us (“Site-Directed Information”), and (b) information you intend to provide or make available to other Members or Visitors on our Site (“Member-Directed Information”).
3. Site-Directed Personally Identifiable Information; Our Uses of this Information
We will not share Personally Identifiable Information you provide to us via the Website with any third party, other than as expressly disclosed in this Policy. We collect information from Visitors and Members at different points on our Website and through our Facilities, and use this information as follows:
3.1 Registration Information; Usernames. In order to participate as a Member and to use our Facilities, we require that you complete the registration process. The registration process asks you to: (i) create a username, (ii) create a password, (iii) verify that you are at least 18 years old, (iv) provide an email address, (v) verify your phone number, (vi) specify the country in which you reside, (vii) state your physical features such as: (a) height, (b) weight, and (c) age; and (viii) supply information about yourself and who you’re hoping to meet by being a member of our Site. The registration process provides you with a username and password, which allows you to gain access to the Website and Facilities depending on the type of membership that you have obtained. Our system relies on usernames or “nicknames” as the public “identifier” for the each Member.
3.2 Billing Information. After completing the registration process and receiving approval of your user profile, you may become a PLUS and VIP PLUS Member by paying a membership fee. PLUS and VIP PLUS Members have broader access to, and enjoy more flexible use of, our Site. We provide several different payment methods including electronic payment and more “traditional” payment methods such as mailing a check or money order. Dating Kinky handles electronic payments by submitting billing information that you provide on our Site to a third party vendor. Any billing information sent by Dating Kinky to our third party vendor is intended solely to allow said third party to process payment. Any personal information that we collect when processing payments made through “traditional” methods will be treated as Personally Identifiable Information.
3.3 Email Addresses. You have the option of opting-in or opting-out of receiving e-mail notifications relating to our Site, including for example, notifications that you have received a message from another Member.
3.4 Communications with Other Members. By registering on the Website, Members indicate an interest in exchanging information with other Members, subject to any Privacy Controls imposed. We seek to limit the information provided through our system to the minimum information needed to identify a participant in communications and other exchanges. To allow such communications, we provide information to identify individual users, in the form of Members’ username, gender, height, weight, and a link to their user profile.
3.5 Other Information Exchanges. The Website allows Members (i) to provide and receive information in a range of forms and on a variety of topics, and (ii) to engage in other activities through Website discussions that may include, at the option of the user, an exchange of Personally Identifiable Information. In these instances, we use any information you provide to us strictly for the purposes for which you submit the information.
3.6 Use of Profiles in Promotions. We believe that our Members’ own experiences on the Site can often act as the strongest promotion for the Site and our Facilities. To promote and illustrate the Site and our Facilities, therefore, we may wish to post on our homepage, and in other areas of the Site, Member profiles and other information that our Members provide to us and grant revocable, temporary consent to.
To this end, with consent, we provide promotions through social media with specific information from your profile, and an image from your profile may be displayed on our homepage. Moreover, if you create a public profile, then Visitors will have greater access to the content that you have placed on our Site. Please be aware that all Visitors will be able to view your Content if you optin to participate in: (i) the public profiles and (ii) give consent to social media promotions.
3.7 Discussions and Chat Rooms. As part of our Facilities, we offer discussions and chat rooms on our Site. We make only your username and avatar available to other users of these Facilities. Any comments you contribute to the online dialogue, however, become public immediately, attributed to your username. You should, therefore, use discretion in what you submit to these exchanges. Additional guidelines for the use of our discussions and chat rooms are available on our Site.
3.8 Surveys and Contests. Periodically, we may initiate surveys or contests at DatingKinky.com, and we may request Personally Identifiable Information from you in connection with such surveys and contests. You are free to choose whether you participate in a survey or contest. The information we request may include contact information, and this information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and appeal of our Site. We will notify you of relevant details in connection with asking for your participation in such surveys or contests.
4. Your Responsibility for Member-Directed Information
5. Anonymous, Aggregate Information
We use Anonymous Information to analyze the effectiveness of our Site, to improve our Facilities, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of users using our Facilities and the characteristics of Visitors at our Site, and may share Anonymous Information with third parties. Rest assured, though, that Anonymous Information provided to third parties will not allow anyone to identify you, or determine anything personal about you. We may collect Anonymous Information through features of the software that supports our Facilities, through cookies, and through other means described below.
5.1 IP Addresses; Logs. Dating Kinky may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your PC), the type and version of your web browser, referrer addresses, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes. None of this data contains Personally Identifiable Information.
5.2 Cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Site.
5.4 Click-Throughs. We may send email messages, which use a “click-through URL” linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 8 (Additional Tools for Protecting Your Privacy).
6. Any Information Linked with Your Personally Identifiable Information is Protected as “Personally Identifiable Information”
7. We Do Not Disclose Site-Directed, Personally Identifiable Information to Unaffiliated Third Parties; Limited Exceptions
We will not disclose your Personally Identifiable Information to unaffiliated third parties without your express consent, except in the following limited circumstances:
7.1 Dating Kinky Site Vendors. We may employ other companies to perform functions on our behalf, such as maintaining the Website, providing services related to the Site, collecting information, responding to and sending electronic mail, or other functions necessary to our business. We may need to share your Personally Identifiable Information with these companies (collectively, “Site Vendors”). We will provide Site Vendors with only that Personally Identifiable Information that is necessary to perform their functions, and we will inform them that they may not use said Personally Identifiable Information for any other purpose.
7.2 Harm or Violations of Terms or Law. We may reveal your Personally Identifiable Information to attorneys or law enforcement agencies if we believe that (i) you are at risk of harm from another, (ii) you are harming or interfering, will imminently harm or interfere, or have harmed or interfered with others, (iii) you have otherwise violated or will otherwise violate (either intentionally or unintentionally) our Terms, (iv) you have violated or will violate laws or regulations, including but not limited to the Allow States and Victims to Fight Online Sex Trafficking (“FOSTA”) or the Digital Millennium Copyright Act (“DMCA”), or (v) you are otherwise violating legal rights.
7.3 Legal Process. Dating Kinky will reveal your Personally Identifiable Information to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personally Identifiable Information we may attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.
8. Additional Tools for Protecting Your Privacy
We recognize that users may provide more personal information than they intend, or should, over the public areas in social networking sites. We provide a range of features to assist our Members seeking to preserve an appropriate level of privacy, including the following:
8.1 Privacy Controls. We provide you with privacy controls, that allow you to: (i) “block” certain Members; and (ii) designate certain uploaded visual content as “world,” “public,” or “private,” (collectively, our “Privacy Controls”). You have the ability to “block” specific Members. When posting photographs, video, and other visual content on our Site, you can designate the image as either world, public, or private. Site Visitors, can view content marked “world,” all Members can view content marked “public,” and only those Members that you give permission to can view your uploaded content that is marked “private.” If you create an external profile, then Site Visitors may be able to view additional content in your profile.
We have implemented specific guidelines for the subject matter that can be depicted in the content that you upload onto the Website. In an effort to ensure Member compliance with our guidelines, Dating Kinky has created procedures for reviewing and filtering content. All visual content is reviewed by Dating Kinky Moderators before it is approved and posted on our Site.
Please see our Terms for more information with respect to the categories of content and how they are reviewed and filtered.
Dating Kinky may audit your use of the Site to monitor your compliance with the Terms, our Community Guidelines, or any laws or regulations. At any time and in Dating Kinky’s sole discretion, Dating Kinky may also conduct investigations, which may include monitoring your use of the Site, your Profile, any communications made on the Site, and other Content transmitted through the Site
Please either employ the Privacy Controls, or choose carefully the information you post on your profile, and that you provide to other Members. You should take care if you choose to include information that personally identifies you, such as your telephone number, street address, last name, email address, and any photographs that could easily identify you or where you are located.
8.2 Reporting of Problems. If you feel that you or one of your friends have been harassed or bullied on our Site, or that users have (i) infringed upon your privacy, (ii) violated our Community Guidelines, (iii) infringed upon intellectual property rights of others, or (iv) violated FOSTA please report your concerns as set out in our Terms.
9. Changing or Removing Information
9.1 Discretionary Account Information. To allow appropriate control over Personally Identifiable Information, you can access your account (after supplying your username and password) to change or update discretionary information that you have previously submitted.
9.2 Deleting Information. Finally, if you request, we will remove your name and all other Personally Identifiable Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. In addition, please understand that, if you request deletion of your information, you will be unable to utilize associated features of the Website and any associated Facilities. You may not remove de-identified, anonymous, or aggregate data from our databases. In addition, we may retain personal information in order to comply with applicable laws, keep accurate records, resolve disputes, prevent fraud, enforce our Terms or other agreements, or for any other legally permissible purpose.
We have put in place security systems designed to prevent unauthorized access to, or disclosure of, personally identifiable Site-Directed Information that you provide to us, and we take all reasonable steps to secure and safeguard this Information. Our site’s password-protected section requires users to give us unique identifiers such as their username and password. Moreover, we store all Site-Directed Personally Identifiable Information in a secure fashion. Dating Kinky employees and Moderators (and employees of our affiliates and Site Vendors) are required to acknowledge that they understand and will abide by our policies with respect to the confidentiality of Personally Identifiable Information. Moreover, we provide access to our databases containing Personally Identifiable Information on a need-to-know basis only.
Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. We also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Please understand, though, that this information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided by or submitted to Dating Kinky. Due to the nature of Internet communications and evolving technologies, we cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
11. Modification of Policy
We reserve the right to modify, in our sole discretion, this Policy. If we modify this Policy, any such modifications will take effect proactively, upon your subsequent access to the Website. If we modify this Policy then we may, in our sole discretion, inform you of any changes by posting a notice on our Site.
12. Relationship to Terms and Other Contracts
13. Participation by Children and Teens; Advisory.
WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER AGE 18 TO PARTICIPATE IN OUR SITE OR SERVICES. YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR SITE AND SERVICES. FURTHER, WE DO NOT ALLOW PARTICIPATION BY, OR COLLECTION OF INFORMATION RELATED TO, CHILDREN UNDER THE AGE OF 13.
14. No Third Party Beneficiaries.
15. Further Resources
If you wish further information concerning privacy policies in general, concerning online social networking and safety, and concerning the Children’s Online Privacy Protection Act, you should visit the following sites:
16. Contact Us
10th Cloud, Inc.
1225 Duplin Road
Raleigh, NC 27607 US
17. Effective Date