Last Updated: 01/09/2022
We, NKL Associates s.r.o. (“NKL Associates”), a company registered and existing under the laws of the Czech Republic, with registration number 023 30 482, having its registered office at Krakovska 1366/25, 110 00 Prague 1, Czech Republic (hereinafter referred to as “NKL Associates” or “we”), as the provider of the website penseeltoets.nl (hereinafter referred to as the “Website”), are the responsible data controller in the sense of Article 4(7) of European Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (hereinafter referred to as the “GDPR”).
The Website will be used by the following categories of users:
a) Category 1: a visitor of the Website who does not create an account on the Website and cannot upload any videos;
b) Category 2: a user of the Website who creates an account, but does not upload any videos or other material;
c) Category 3: a user of the Website who creates an account and uploads videos or other material; and
d) Category 4: a user of the Website who creates an account and participates in revenue sharing.
By accessing this Website and creating an account, you consent to NKL Associates processing your personal data, including data that may reflect or concern your sex life, sexual preferences, and sexual orientation. You grant your consent on the basis that NKL Associates undertakes to rely on this basis only where so is necessary and proportionate in order to be able to carry out its contractual obligations and protect its legitimate business aims.
1. INFORMATION WE COLLECT
Personal data refers to any information that tells us something about you or that allows us to identify you, including your name, location data, and online identifiers.
1.1 Information You Give to Us.
We collect your personal information that we receive from you when you use the Website, including personal information you provide to us including when you: watch a video or other content of the Website, enquire or make an application for our services, register to use and/or use any of our services and when you communicate with us through email, the Website or portal, or any other electronic means.
Such information may include:
- your name including first name and family name, gender, date of birth, email address, billing address, username, password, photograph, nationality and country of residence, etc.;
- additional personal information (e.g. data reflecting or concerning a natural person’s sexual orientation).
We do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any of the forms submitted, or otherwise provided to us, by you (hereinafter referred to as “Third Party Personal Data”), and disclaim any and all liability in connection with the Third Party Personal Data.
1.2 Information We Automatically And Necessarily Collect from Your Use of the Website.
We collect information about the services that you use and how you use them, such as when you watch a video on the Website or interact with our content. This information includes:
Device information. We collect device specific information such as IP address, access dates and times, hardware and software information, device information and cookie data.
Geo-location Information. When you use certain features of the Website, we may collect information about your approximate location as determined through data such as your IP address.
Usage Information. We collect information about your interactions with the Website such as the content you view, your searches queries and other interactions with the Website.
1.3 Information We Collect from Third Parties and Third-Party Links.
We may collect information, including personal information that others provide about you when they use the Website, or obtain information from other sources and combine that with information we collect through the Website. We do not control or supervise and are not responsible for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
Furthermore, to the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information and combine it with information we have about you.
1.4 Accuracy of Information.
It is also important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2. HOW WE USE INFORMATION WE COLLECT
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the Website, to protect us and our users and to comply with our legal obligations. We also use this information to offer you tailored content – like giving you more relevant search results.
For the avoidance of doubt, we do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any user Submission uploaded by you pursuant to the Terms of Service, and disclaim any and all liability in connection with the Third Party Personal Data.
2.1 Provide, Improve, and Develop the Website.
- Enable you to access and use the Website.
- Enable you to communicate with other users.
- Operate, protect, improve, and optimize the Website, such as by performing analytics and conducting research.
- Provide customer service.
- Send you service or support messages, updates, security alerts, and account notifications.
- To operate, protect, improve, and optimize the Website, and personalize and customize your experience (such as making suggestions or ranking search results), we conduct basic profiling (customer segmentation) based on your interactions with the Website, your search and viewing history, your profile information and preferences, and other content you submit to the Website.
Lawful bases: we rely on the following three lawful bases to process your personal data for the specific purpose of providing, improving and developing the Website as described above.
- we process this information in order to adequately perform the contract with you;
- our legitimate business interests in processing your personal data, specifically for the purpose of improving the Website and our users’ experience with it, which we have determined can only be achieved by processing your personal data. We consider the processing of your personal data to be proportionate with your interests, rights and freedoms;
- to the extent necessary to perform our contract with you and customise your experience, consent to process special categories of data.
2.2 Protect us and our Users and Comply with Legal Obligations.
- Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
- Conduct security investigations and risk assessments, including any reports third parties may file about you or the content you have uploaded pursuant to the Terms of Service.
- Comply with our legal obligations, including assistance in the prevention of crimes, such as blocking child sexual abuse material or non-consensual sexual acts.
- Resolve any disputes with any of our users and enforce our agreements with third parties.
- Communicate with you regarding any abuse reports (if you do not submit them anonymously), or any copyright infringement takedown requests or counter notifications (which cannot be submitted anonymously) that you may file pursuant to the Terms of Service.
- Enforce our Terms of Service and other terms and policies.
Lawful bases: we rely on the following three lawful basis to process your personal data:
- legal obligations to which we are subject, which may include disclosing your personal data to a third party or competent national authorities.
- consent to process certain special categories of personal data to the extent necessary to achieve the purposes set out above, such as transferring limited categories of your personal data to third parties against whom you have filed a copyright infringement takedown request under the Digital Millennium Copyright Act (hereinafter referred to as the “DMCA”) or to whom you are responding with a copyright counter-notification, in accordance with the Terms of Service and as further described below,
- legitimate interests in protecting our business, which includes protecting the Website and our reputation as a law-abiding business to the extent appropriate. We consider the processing of your personal data to be proportionate with your interests, rights and freedoms.
2.2.1 Personal data processed when filing a takedown request or a counter-notification pursuant to paragraph 6C of the Terms of Service
Although our Company is based outside the United States, we respect the rights of copyright owners and thus have implemented certain policies in an effort to voluntarily comply with laws, such as the DMCA, which are described further below.
What is the Digital Millennium Copyright Act (“DMCA”)?
What lawful basis do we rely upon to process your personal data when you file a copyright infringement takedown request / counter-notification pursuant to the DMCA?
For the specific purpose of our review of your copyright infringement takedown request / counter-notification which you may have filed pursuant to paragraph 6C of the Terms of Service, you are required to provide the information needed to make a valid request, i.e.: (a) takedown website URL and (b) statement regarding the ownership of this content. We will process your personal data in order to further our legitimate interests as an adult entertainment business that respects intellectual property, abide by the law and acts appropriately when reports of copyright infringements are made. For those legitimate purposes, we process your personal data we deem necessary in order to be able to review the takedown request / counter-notification that you may have submitted pursuant to paragraph 6C of the Terms of Service and to allow us to contact you about its content. We consider the processing of your personal data to be proportionate with your interests, rights and freedoms.
What lawful basis do we rely upon to transfer your personal data to the addressee of the copyright infringement takedown request / counter-notification pursuant to the DMCA?
In line with the mechanism provided for under the DMCA, explained above, we will also share with the takedown request addressee or the counter-notification addressee the following personal data to comply with and follow the prescribed steps under the DMCA: your name, your contact information, as well as the contents of your takedown request or your counter-notification. We rely on your consent to transmit your personal data to the addressees of your takedown request or counter-notifications. By submitting a copyright infringement takedown request you consent to your data being transmitted to the uploader of the material in question in line with and for the reasons explained above and detailed in our Terms of Service. Without your consent, we are unable to process your takedown request or counter-notifications as prescribed under the DMCA.
2.3 Sending promotional messages, direct marketing.
- Using your electronic contact for electronic mail to send you promotional messages, including advertisement of goods and services, commercial offers and other information that may be of your interest (including information about our Website).
Lawful bases: we rely on the following two lawful bases to process your personal data:
- We process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. We consider the processing of your personal data to be proportionate with your interests, rights and freedoms.
- To the extent necessary, we will also rely on your consent to process special categories of data in undertaking promotional activities and personalising the content on the Website.
You can opt-out of receiving marketing communications from us (refuse to consent to such use of your electronic contact) at any time in a simple way and free of charge by following the unsubscribe instructions included in each our commercial communication or changing your notification settings within your account.
2.4 Your direct contact with us through our Website or by post, phone, email or otherwise
- Respond to your queries regarding service or your complaints.
- Provide you with further information on privacy policies.
- Any other queries you may have for which you contact us.
Lawful bases: when you contact us directly through our Website or by post, phone, email or otherwise, including for the purposes of exercising your rights under the GDPR or to file any complaints, we will rely on the following two bases to process your personal data:
- We will rely on our legitimate interests as a customer-friendly entertainment business that wants to improve the experience of the customers using our Website, to resolve satisfactorily any complaints made by our customers, or to respond to any requests for further information. We will process your personal data we deem necessary for these legitimate interests. Additionally, in rare cases where we reasonably determine that your direct communications with us or our staff are or become abusive, amount to harassment or otherwise illegal under the applicable laws, we may also process your personal data for these purposes and pass it onto the relevant governmental authorities. We consider the processing of your personal data on the basis of our legitimate interest to be proportionate with your interests, rights and freedoms.
- We may also need to rely on our legal obligations to process your personal data in cases where the applicable law compels us to communicate your personal data exchanged in direct communications with us to the responsible governmental authorities.
Note that all data is kept in a secure environment. We protect personal data by using appropriate safeguard procedures and measures, in particular:
- We encrypt our services using SSL (you can reach our SSL protected website under https://penseeltoets.nl/).
- We use firewalls to protect your information.
- We review our information collection, storage and processing practices regularly, including physical security measures, to guard against unauthorised access to systems.
- We restrict access to personal information to employees, contractors and agents who need to know that information in order to process it for us and who are subject to strict contractual or other legal confidentiality obligations.
If you know or have reason to believe that your account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your account, please contact us following the instructions in the Contact Us section below.
5. YOUR RIGHTS
You may exercise any of the rights described in this section by adjusting settings via your Website user account and, if it is not possible, you can contact us at our above mentioned address. Please note that we will ask you to verify your identity before taking further action on your request, and if we cannot identify you we cannot act according to your request.
5.1 Managing Your Information.
You may access and update some of your information through your account settings. You are responsible for keeping your personal information up-to-date in a secure place.
5.2 Rectification of Inaccurate or Incomplete Information.
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your account) by contacting us at the address listed in the Contact Us section below.
5.3 Data Access and Portability.
You have a right to request copies of your personal information held by us (although not necessarily in the same format held by us). You are also entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible). You may exercise this right and download your data in your user account settings by clicking “Export my data”.
5.4 Data Retention and Erasure.
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us, to protect our legitimate interest or legitimate interest of a third party and to comply with our legal obligations on data retention as provided by the applicable laws. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means.
If you no longer want us to use your information to provide you the service, you can request that we close your account and erase your personal data in your user account by clicking “Delete my whole account”. Please note that if you request the erasure of your personal information:
- Most of the data are deleted right after account deletion, but we keep some information such as (email / login) for another 4 years and IP address for six months, and possibly for the additional time necessary to fulfil our legal obligation and to properly exercise our legal claims, after deletion as necessary for our legitimate business interests, such as fraud detection and prevention, copyright infringement and enhancing safety. For example, if we suspend an account for fraud or safety reasons, or based upon alleged copyright infringement, we may retain certain information from that account to prevent that user from opening a new account in the future.
- We may retain and use your personal information to the extent necessary to comply with our legal obligations.
- Information you have shared with others (e.g., likes, forum postings) may continue to be publicly visible on the Website, even after your account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
- Because we maintain the Website to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
5.5 Withdrawing Consent and Restriction of Processing.
Where you have provided your consent to the processing of your personal information by us, you may withdraw your consent at any time by changing your account settings. The withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.
Additionally, you have the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 5.6 and pending the verification whether the legitimate grounds of the Website provider override your own.
5.6 Objection to Processing.
You have a right to require us not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing we will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
Where your sensitive personal data are processed you may, at any time ask us to cease processing your data by changing your user’s profile settings.
5.7 Lodging Complaints.
You have the right to file a complaint about the data processing activities carried out before the competent data protection authorities either in your country of residence if that country is a member of the EEA or with the Czech Data Protection Office, where NKL Associates is headquartered. More information about the Czech Data Protection Office is available at https://www.uoou.cz/en/
6. OPERATING GLOBALLY
Where we transfer, store and process your personal data outside of the EEA we have ensured that appropriate safeguards are in place to ensure adequate level of data protection. We rely on EU Standard Contractual Clauses and/or adequacy decisions issued by competent European authorities. If we are unable to rely on these two bases, we will transfer data outside the EEA to the extent doing do is: (a) necessary for the performance of a contract between you and us; (b) necessary for the conclusion or performance of a contract concluded for your interest between us and another natural or legal person; (c) necessary for the establishment, exercise or defence of legal claims; or (d) any other bases listed in Article 49 of the GDPR if applicable, such as seeking your consent.
We share certain data with the following groups of recipients to the extent we deem it necessary to be able to perform our operations or are compelled to do by law:
- Government authorities;
- Third party service providers;
- Financial institutions;
- Providers of storage systems;
- IT services providers;
- Providers of services necessary for the performance of our activity (administrative activities, archiving, legal advice, receivables management, etc.).
8. CONTACT US
NKL Associates s.r.o., Att. of Data Privacy Officer
Email address: [email protected]