Flixband.com Privacy Policy
Last Revised: June 13, 2018
Kiiroo B.V., a Netherlands B.V. (the “Company”), respects your privacy and is committed to protecting it through this privacy policy (the “policy”).
This policy describes the Company’s practices for collecting, using, maintaining, protecting, and disclosing the types of information it may collect from you or that you may provide when you visit the website located at www.Flixband.com and its subpages (the “Website”) and the Company’s practices for collecting, using, keeping, protecting, and disclosing that information. This policy applies to the personal data collected through the Website, regardless of the country where you are located.
The Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. The Company does not control these third-party websites, and the Company encourages you to read the privacy policy of every website you visit.
This policy applies to information the Company collects:
- On the Website (including desktop and mobile versions);
- In e-mail, text or other forms of electronic communication 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; or
- When you interact with the Website through third-party social media platforms.
It does not apply to information collected by:
- The Company offline or through any other means, including on any other website operated by the Company or by any third party (including the Company’s affiliates and subsidiaries); or
- Any third party (including the Company’s affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from (or on) the Website.
IMPORTANT: Please read this policy carefully to understand the Company’s policies and practices for processing and storing your personal data. This policy is a binding legal contract between you and the Company. This policy is part of the Terms of Service of Flixband.com, and defined terms in the Terms of Service not otherwise defined in this policy have the same meanings as in the Terms of Service. By engaging with the Website and continuing to use the Website and the Services, you accept and consent to the practices described in this policy. This policy may change from time to time. Your continued connecting to or engaging with the Website or use of the Services after any such revisions indicates that you accept and consent to them, so please check the policy periodically for updates.
1. Are minors welcome?
The Website is not intended for anyone under 18-years old. You will only access the Website or register for an account if (1) you are at least 18-years old and (2) have reached the age of majority where you live. The Company prohibits all persons who do not meet the age requirements from accessing the Website. Minors must not access the Website or use its services.
The Company does not knowingly collect or solicit any information or data from anyone under 18 years old or knowingly allow anyone under 18 years old to register for the Website. The Website and its content are not directed at anyone under 18 years old. In the event that the Company learns that it has collected personal data from a person under 18 years old, the Company will delete that data as quickly as possible. If you believe that the Company might have any information from or about a minor, please contact the Company at legal@flixband.com.
Section 230 Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that 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.
2. What data may the Company collect about you?
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
The Company may collect, use, store, and transfer different kinds of personal data about you, which the Company has grouped together as follows:
- Identity Data includes first name, last name, username or similar identifier, date of birth, and gender.
- Contact Data includes billing address, physical or postal address, e-mail address, and telephone numbers. In particular, the Company uses e-mail as our primary means of communication with you. You must provide a valid e-mail address with any order or membership.
- Financial Data includes your bank account details. (The Company itself does not process credit cards, and the Company does not store complete credit card information. The Company relies on trusted third-party payment processors, providers, and gateways to process transactions for the Website. While the Company initially collects your complete credit or debit card information when you first provide it, it transmits that information to processors and does not retain your complete credit card information.)
- Transaction Data includes details of your purchases made on the Website.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
- Usage Data includes information about how you use the Company’s Website, products, and services.
- Marketing and Communications Data includes your preferences in receiving marketing from the Company and its third parties and your communication preferences.
- Website Communications Data includes communications you may have exchanged with the Company.
The Company also collects, uses, and shares Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, the Company may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if the Company combines or connects Aggregated Data with your personal data so that it can directly or indirectly identify you, the Company treats the combined data as personal data which will be used in accordance with this policy.
Where the Company needs to collect personal data by law or under the terms of a contract it has with you and you fail to provide that data when requested, the Company may not be able to perform the contract it has or is trying to enter into with you (for example, to provide you with goods or services). In this case, the Company may have to cancel a product or service you have with the Company, but the Company will notify you if this is the case at the time.
3. How is your data collected?
The Company uses different methods to collect data from and about you including through:
- Direct interactions. You may give the Company information about you by filling in forms or by corresponding with the Company by phone, e-mail, or otherwise. This includes information you provide when you create an account; subscribe to a service; search for a performer or content; place an order; participate in discussion boards or other social media functions on the Website; enter a competition, promotion, or survey; and when you report a problem with the Website.
- Automated technologies or interactions. As you interact with the Website, the Company may automatically collect technical data about your equipment, browsing actions, and patterns as specified above. The Company collects this information by using cookies, server logs, and other similar technologies (see Cookies and Automatic Data Collection Technologies).
- Third parties or publicly available sources. The Company may receive information about you if you visit other websites employing the Company’s cookies or from third parties including, for example, business partners; subcontractors in technical, payment, and delivery services; advertising networks; analytics providers; search information providers; credit reference agencies; data brokers; or aggregators.
Cookies and Automatic Data Collection Technologies
As you use, navigate through and interact with the Website, the Company may use automatic data collection technologies, including cookies (small files placed on your device) to collect certain information about your equipment, browsing actions and 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; and
- 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.
The information the Company collects automatically is statistical data and does not include personal information, but the Company may keep it or associate it with personal information the Company collects in other ways or receives from third parties. It helps the Company to improve the Website and to deliver a better and more personalized service, including by allowing the Company to:
- Estimate the Website’s audience size and usage patterns.
- Store information about your preferences so the Company may customize the Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to the Website.
The technologies the Company uses for this automatic data collection may include:
- Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Your browser stores cookies in a manner associated with each website you visit. The Company uses cookies to enable its servers to recognize your browser and tells the Company how and when you visit the Website and use the services. For example, the Company uses session ID cookies, which makes it easier for you to navigate the Website. A session ID cookie expires when you close your browser. The Company also uses persistent cookies, which remain on your hard drive for an extended period. Persistent cookies may be used to store your login information and preferences. You may refuse to accept browser cookies by activating the appropriate setting on your browser. But, if you select this setting, you may be unable to access certain parts of the Website. Unless you have adjusted your browser settings to that it will refuse cookies, the Company’s system will issue cookies when you direct your browser to the Website. If you want to learn more about cookies, please visit www.allaboutcookies.org or www.youronlinechoices.eu.
- Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, you can access your Flash management tools from Adobe’s website.
- Web Beacons. Pages of the Website (and the Company’s e-mails) may contain small electronic files known as web beacons (also referred to as clear gifts, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages (or opened an e-mail) and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). If you want to learn more about web beacons, please visit www.allaboutcookies.org/web-beacons/.
The Company does not collect personal information automatically, but it may tie this information to personal information about you that the Company collects from other sources or you provide to the Company.
Third-party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you access their content through the Website. The information they collect may be associated with your personal data or they may collect information, including personal data, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
The Company does not control third-party tracking technologies or how third parties may use them. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Social Networks and Third-Party Plugins
The Website may include plugins from social networks and other third parties. An example of a plugin is the Facebook® “Like” button. Where legally permitted, these plugins may communicate with and send information to the party that provided the plugin, even if you do not click on the plugin. This information may include your IP address, information about your browser and device, and the address of the webpage you are visiting on the Website. Loading, using, or clicking the plugins may also place, read, and transmit cookies. These cookies may contain a unique identifier the social network or third party assigns you. The loading, functionality, and your use of the plugins are governed by the privacy policy and terms of the party that provided the plugin.
4. How does the Company use your information?
The Company uses your personal data to provide you with products, offer you services, communicate with you, deliver advertising and marketing, or to conduct other business operations, such as using data to improve and personalize your experiences. Examples of how the Company may use the personal data it collects includes to:
- Present the Website and provide you with the information, products, services, and support that you request from the Company.
- Meet the Company’s obligations and enforce its rights arising from any contracts with you, including for billing and collections, or to comply with legal requirements
- Fulfill the purposes for which you provided the data or that were described when it was collected.
- Notify you about changes to the Website, products, or services.
- Ensure that the Company presents the Website content in the most effective manner for you and for your computer.
- Administer the Website and conduct internal operations, including for troubleshooting, data analysis, testing, research, statistical, and survey purposes.
- Improve the Website, products or services, marketing, or customer relationships and experiences.
- Enable your participation in the Website’s interactive, social media, or other similar features.
- Protect the Website, the Company’s employees, or the Company’s operations.
- Measure or understand the effectiveness of the advertising the Company serves to you and others, and to deliver relevant advertising to you.
- Make suggestions and recommendations to you and other users of the Website about goods or services that may interest you or them.
The Company may also use personal data to contact you about its own and third parties’ goods and services that may be of interest to you. At this time, the Company does not share your personal information with third parties for their direct marketing purposes, but we reserve the right to do so for new members in the future, with proper disclosure and the ability to opt out. If you do not want the Company to use your data in this way, please send the Company an e-mail at legal@flixband.com or adjust your user preferences in your account profile, in the manner that will be provided at such time as the Company may implement a policy of sharing with third parties. For more information, see Your personal data use choices.
The Company may use personal data to enable it to display advertisements to its advertisers’ target audiences. At this time, the Company does not display targeted advertising, but we reserve the right to do so in the future. Even though the Company does not disclose your personal data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
The Company may use nonpersonal data for any business purpose.
5. With whom does the Company share your information?
The Company may disclose personal information that it collects or that you provide to it as described in this policy:
- To any member of the Company’s corporate group, which means its subsidiaries, its owners and its subsidiaries, and affiliates;
- To business partners, suppliers, service providers, subcontractors, and other third parties that the Company uses to support its business and who are contractually required to keep that personal data confidential and use it only for the contracted purposes;
- To Third parties to market their products or services to you if you have not opted out of these disclosures. At this time, the Company does not share your personal information in this manner, but we reserve the right to do so in the future with proper notification and the ability to opt out. If the Company implements such a policy, the Company will contractually require these third parties to keep that personal data confidential and use it only for the contracted purposes. For more information, see Your personal data use choices;
- To Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. The Company does not disclose data about identifiable individuals to its advertisers, but it may provide them with the aggregate information about Website users (for example, the Company may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). The Company may also use this aggregate information to help advertisers reach the kind of audience they want to target. The Company may make use of the personal data it has collected from you to enable it to comply with its advertisers’ wishes by displaying their advertisement to that target audience;
- To fulfill the purpose for which you provide it;
- For any other purposes that the Company discloses in writing when you provide the data;
- With your consent; or
- To Payment-service providers to (a) process payments; (b) prevent, detect, and investigate fraud or other prohibited activities; (c) facilitate dispute resolution such as chargebacks or refunds; and (d) 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.
The Company may also disclose your personal data to third parties:
- If the Company sells or buys any business or assets, in which case the Company may disclose your personal data to the prospective seller or buyer of the business or assets;
- To a buyer or other successor in the event of merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, where one of the transferred assets is the personal data the Company holds;
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- To enforce or apply the Company’s Terms of Service Agreement; or
- To protect the rights, property, or safety of the Company’s business, its employees, its customers, or others. This includes exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection, and credit risk reduction.
The Company may share nonpersonal data without restriction.
6. Consent to personal data transfer
The Company is based in the United States of America. The Company may process, store, and transfer personal data it collects, in and to a country outside your own, with different privacy laws that may or may not be as comprehensive as your own.
By submitting your personal data or engaging with the Website or using the Services, you consent to this transfer, storing, or processing.
7. Your personal data use choices
The Company provides you the ability to exercise certain controls and choices regarding its collection, use, and sharing of your personal data. 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 to receive offers from the Company; or
- You may choose whether you receive targeted advertising from the Company or its partners.
The above choices will be made available if relevant to any personal information sharing or use policies of the Company in effect from time to time, with proper notification to you. The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates, or plug-ins enabling third-party features. If you follow a link to any third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies and that the Company does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these third parties.
8. Accessing and correcting your personal data
Upon request to legal@flixband.com the Company will provide you with access to the personal information the Company holds 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, contravene company policy or law, or for which access is not otherwise required by law.
9. Data security
The security of your personal data is very important to the Company. The Company uses reasonable and appropriate security measures designed to protect your personal data from loss, misuse, and unauthorized access, use, alteration, or disclosure. The Company stores all personal data behind firewalls on severs employing security protections.
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 or its employees will not ask for your password. The Company asks you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although the Company does its best to protect your personal data, the Company cannot guarantee the security of your personal data transmitted to the Website. Any transmission of personal data is at your own risk. The Company is not responsible for your or any third party’s circumvention of any privacy settings or security measures contained on the Website.
10. Do Not Track Policy
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.
11. Your California Privacy Rights
If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by the Company to third parties for the third parties’ direct marketing purposes. (At the current time, the Company does not share your personal information with third parties for their direct marketing purposes.) Further, if you are a California resident and would like to opt out from the disclosure of your personal information to any third party for direct marketing purposes, please send an e-mail to legal@flixband.com. Please be advised that if you opt out from permitting your personal information to be shared, you may still receive selected offers directly from the Company in accordance with California law.
12. Your European Union Privacy Rights
If you are located in the European Union, under certain circumstances, you have rights under data protection laws in relation to your personal data. Your rights may include the following:
- Request access to your personal data. This enables you to receive a copy of the personal data the Company holds about you and to check that the Company is lawfully processing it.
- Request correction of your personal data. This enables you to have any incomplete or inaccurate data the Company holds about you corrected, though the Company may need to verify the accuracy of the new data you provide to it.
- Request erasure of your personal data. This enables you to ask the Company to delete or remove personal data where there is no good reason for the Company to retain it. You also have the right to ask the Company to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where the Company may have processed your information unlawfully, or where the Company is required to erase your personal data to comply with any applicable law or court order. Note, however, that the Company may not always be able to comply with your request of erasure for specific legal reasons that will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where the Company is relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where the Company is processing your personal data for direct marketing purposes. In some cases, the Company may demonstrate that it has compelling legitimate grounds to process your information that overrides your rights and freedoms.
- Request restriction of processing your personal data. This enables you to ask the Company to suspend the processing of your personal data in the following scenarios: (a) if you want the Company to establish the data’s accuracy; (b) where the Company’s use of the data is unlawful but you do not want the Company to erase it; (c) where you need the Company to hold the data even if the Company no longer requires it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to the Company’s use of your data but the Company needs to verify whether the Company has overriding legitimate grounds to use it.
- Request transferof your personal data to you or to a third party. The Company will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for the Company to use or where it used the information to perform a contract with you.
- Right to withdraw consent at any time where the Company is relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, the Company may not be able to provide certain products or services to you. The Company will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact the Company at legal@flixband.com.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, the Company may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, the Company may refuse to comply with your request in these circumstances.
The Company may need to request specific information from you to help it confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. The Company may also contact you to ask you for further information in relation to your request to speed up its response.
The Company tries to respond to all legitimate requests within one month. Occasionally it may take the Company longer than a month if your request is particularly complex or you have made a number of requests. In this case, the Company will notify you and keep you updated.
13. Links to Other Websites
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.
14. No Rights of Third Parties
This policy does not create rights enforceable by third parties or require disclosure of any personal data relating to the Website’s users.
15. DMCA Takedown Requests
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, please contact legal@flixband.com 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 appropriate persons, 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.
16. Changes to Privacy Policy
The Company will post any changes it makes to its privacy policy on this page. If the Company materially alters how the Company uses or treats your personal data, it will notify you by e-mail to the primary e-mail address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring that the Company has an up-to-date active and deliverable e-mail address for you. The Company encourages you to check back frequently to see any updates or changes to this privacy policy. Your continued use of the Website after any change in this policy will constitute your acceptance of the changes.
17. Billing Information:The charges on your credit card statement will read as originating from “CCBill.”
18. Shipping Information:All orders are shipped discreetly in a plain, cardboard box. The shipping label will identify the shipper as "FXB" and will not reference sex toys, the name of any product sold on Flixband.com or any other identifying description related to products designed for adults.
19. Contact Information
Questions, comments, and requests regarding this policy and the Company’s privacy practices are welcomed and should be addressed to:
Kiiroo, B.V. Mondriaantoren Amstelplein 62, 30th floor, 1096 BC Amsterdam, Netherlands legal@flixband.com