Privacy Policy
1. OVERVIEW
Nafty International and its subsidiaries (collectively, “NaftyBabes,”
“we,” “us,” “our”) respect your privacy and are committed to protecting the
personal data we hold about you. If you have questions, comments, or concerns
about this Privacy Notice or our processing of personal data, please see the
bottom of this Privacy Notice for information about how to contact us. NaftyBabes
is the data controller of the personal data collected, and is responsible for
the processing of your personal data.
NaftyBabes is a social network which enables users to share their
content; other users to enjoy content and for some to do both. We refer to
those users who share content as “Creators” and those users who pay to view
Creators’ content as “End-users”. This Privacy Notice explains our practices
with respect to personal data we collect and process about you. This includes
information we collect through, or in association with, our website located
at www.NaftyBabes.com, our services that we may
offer from time to time via our website, our related social media sites
(Twitter and Instagram), or otherwise through your interactions with us (the
website, our social media pages, and services, collectively, the “Services”).
Please review the following to understand how
we process and safeguard personal data about you. By using any of our Services,
whether by visiting our website or otherwise, and/or by voluntarily providing
personal data to us, you acknowledge that you have read and understand the
practices contained in this Privacy Notice. This Privacy Notice may be revised
from time to time, so please ensure that you check this Privacy Notice
periodically to remain fully informed.
PERSONAL
DATA WE COLLECT
·
Categories of Personal Data
We Collect
·
How We Use Your Personal
Data
·
How We Obtain Your Personal
Data
·
Legal Bases for Processing
·
Who We Share Your Personal
Data With
·
Personal Data We Share
YOUR
RIGHTS REGARDING PERSONAL DATA
·
Accessing, Modifying,
Rectifying, and Correcting Collected Personal Data
·
Your California Privacy
Rights
·
Your Nevada Rights
·
Your European Union and UK
Privacy Rights
YOUR
CHOICES
·
Communications Opt-Out
·
Location Information
·
Cookies and Web Tracking
PROTECTING
PERSONAL DATA
RETENTION OF PERSONAL DATA
OTHER IMPORTANT INFORMATION ABOUT PERSONAL DATA AND THE SERVICES
·
Identity Verification
·
Payment Information
·
Collection of Personal Data
from Children
·
Third-Party Websites and
Services
·
Business Transfer
·
Do Not Track
·
International Use
MODIFICATIONS
AND UPDATES TO THIS PRIVACY NOTICE
APPLICABILITY OF THIS PRIVACY NOTICE
ADDITIONAL INFORMATION AND ASSISTANCE
2. PERSONAL DATA WE COLLECT
We collect information that identifies, relates to, describes, is
reasonably capable of being associated with, or could reasonably be linked,
directly or indirectly, with a particular consumer or household (“personal
data”). In addition, we may collect data that is not identifiable to you or
otherwise associated with you, such as aggregated data, and is not personal
data. To the extent this data is stored or associated with personal data, it
will be treated as personal data; otherwise, the data is not subject to this
Privacy Notice.
a. Categories of Personal Data We Collect
The types of personal data we collect about
you depends on your interactions with us and your use of the Services. In the
past twelve (12) months, we collected the below categories of personal data
from our users:
1.
Identifiers such as a real
name, alias, postal address, internet protocol address, email address, account
name, social security number, driver’s license number, passport number, or
other similar identifiers.
2.
Personal information
categories listed in the California Customer Records statute (Cal. Civ. Code
1798.80(e)).
3.
Characteristics of
protected classifications under California or federal law.
4.
Commercial information,
including records of personal property, products or services purchased,
obtained, or considered, or other purchasing or consuming histories or
tendencies.
5.
Biometric information.
Note: While we do not collect biometric information, if you choose to
authenticate yourself through certain service providers we use, they may
collect biometric information subject to their privacy policies, but we are
never provided with access to that information.
6.
Internet or other
electronic network activity information, including, but not limited to,
browsing history, search history, and information regarding a consumer’s
interaction with an internet website, application, or advertisement.
7.
Audio, electronic, visual,
thermal, olfactory, or similar information.
8.
Professional or
employment-related information.
We will not collect additional categories of
personal data other than those categories listed above. If we intend to collect
additional categories of personal data, we will provide you with a new notice
at or before the time of collection.
b. How We Use Your Personal Data
We strive to ensure that the content can be
enjoyed by everyone, and to keep the content appropriate, tasteful and lawful.
To do that, we collect and process your personal data for the following
business and commercial purposes:
1.
Developing, improving,
operating, providing, predicting, or performing, including maintaining or
servicing accounts, enhancing the Services and your experience with them,
providing customer service, processing or fulfilling transactions, verifying
your identity, and processing payments.
2.
Communicating with you by
email and text about the Services, verifying your identity, responding to
support inquiries or, sharing information about the Services.
3.
Auditing related to a
current interaction with the user and concurrent transactions.
4.
Detecting security
incidents, protecting against malicious, deceptive, fraudulent, or illegal
activity, and prosecuting those responsible for that activity.
5.
Debugging to identify and
repair errors that impair existing intended functionality.
6.
Undertaking internal
research for technological development and demonstration.
7.
Undertaking activities to
verify or maintain the quality or safety of the Services owned, manufactured,
manufactured for, or controlled by us, and to improve, upgrade, or enhance the
Services owned, manufactured, manufactured for, or controlled by us.
8.
Complying with applicable
laws, regulations, rules and requests of relevant law enforcement and/or other
governmental agencies, or for other purposes, as permitted or required by law.
9.
Enforcing our Terms of Service and other usage policies.
10.
As necessary or appropriate
to protect the rights, property, and safety of our users, us, and other third
parties.
We will not use the personal data we
collected for materially different, unrelated, or incompatible purposes without
providing you with notice and obtaining your consent.
c. How We Obtain Your Personal Data
We collect your personal data from the
following categories of sources:
·
Directly from you. When you
provide it to us directly to open an account and use the Services, or when you
update the information in your account
·
Automatically or indirectly
from you. For example, through and as a result of your use of and access to the
Services. We also collect IP addresses and browser types from the devices you
use.
·
From our service providers.
d. Legal Bases for Processing
We process personal data for, or based on,
one or more of the following legal bases:
·
Performance of a Contract.
By using the Services, you have contracted with us through the Terms of Service, and we will process certain
personal data to perform under that contract.
·
Legitimate Interests. We
may process personal data for our legitimate interests, including complying
with any applicable law, rule or regulation, investigation or remedy; enforcing
our Terms of Service; protecting
our, our users' or others' rights, property and safety; and detecting and resolving
any fraud or security concerns.
·
Compliance with Legal
Obligations and Protection of Individuals. We may process personal data to
comply with our legal obligations, including as required by valid legal
process, governmental request, and to protect those individuals who use our
Services and others.
e. Who We Share Your Personal Data With
We share personal data with the following
categories of third parties:
·
Our service providers.
·
Our affiliated entities.
·
Government agencies or
regulators when permitted or required to do so by law; in response to a request
from a law enforcement agency or authority or any regulatory authority; and/or
to protect the integrity of the Services or our interests, rights, property, or
safety, and/or that of our users and others.
f. Personal Data We Share
In the past twelve (12) months, we shared
with the following categories of third parties the following categories of
personal data for a business purpose:
·
Identifiers (e.g. name,
address, email address, government ID, IP address): Service providers.
·
Identifiers (e.g. account
name): Other Creators and End-users.
·
Personal information
categories listed in the California Customer Records statute (e.g. government
ID, bank account numbers): Service providers.
· Audio, electronic, visual, thermal, olfactory, or similar information (e.g. content you create): Service providers.
3. YOUR RIGHTS REGARDING PERSONAL DATA
You have certain rights regarding the
collection and processing of personal data. You may exercise these rights, to
the extent they apply to you, by contacting us at the information provided at
the end of this Privacy Notice, or by following instructions provided in this
Privacy Notice or in communications sent to you.
Your rights vary depending on the laws that
apply to you, but may include:
·
The right to know whether,
and for what purposes, we process your personal data;
·
The right to be informed
about the personal data we collect and/or process about you;
·
The right to learn the
source of personal data about you we process;
·
The right to access,
modify, and correct personal data about you.
·
The right to know with whom
we have shared your personal data with, for what purposes, and what personal
data has been shared (including whether personal data was disclosed to third
parties for their own direct marketing purposes);
·
The right to withdraw your
consent, where processing of personal data is based on your consent; and
·
The right to lodge a
complaint with a supervisory authority located in the jurisdiction of your
habitual residence, place of work, or where an alleged violation of law
occurred.
a. Accessing, Modifying, Rectifying, and Correcting Collected Personal
Data
We strive to maintain the accuracy of any personal data collected from
you, and will try to respond promptly to update our records when you tell us
the information in our records is not correct. However, we must rely upon you
to ensure that the information you provide to us is complete, accurate, and
up-to-date, and to inform us of any changes. Please review all of your
information carefully before submitting it to us. Any updates or corrections to
your information may be made through your account settings.
Depending on the laws that apply to you, you
may obtain from us certain personal data in our records. If you wish to access,
review, or make any changes to personal data you have provided to us through
the Services, please contact us at the information provided at the end of this
Privacy Notice. We reserve the right to deny access as permitted or required by
applicable law.
b. Your California Privacy Rights
California’s “Shine the Light” law, permits
our users who are California residents to request and obtain from us a list of
what personal data (if any) we disclosed to third parties for their own direct
marketing purposes in the previous calendar year and the names and addresses of
those third parties. Requests may be made only once per year per person, must
be sent to the email address below, and are free of charge. However, we do not
disclose personal data protected under the “Shine the Light” law to third
parties for their own direct marketing purposes.
The California Consumer Privacy Act (“CCPA”) provides our users who are
California residents the following additional rights:
1. Right to Know: You have the right to
request that we disclose certain information to you about the personal data we
collected, used, disclosed, and sold about you in the past 12 months. This
includes a request to know any or all of the following:
o The categories of personal data collected about you;
o The categories of sources from which we collected your personal data;
o The categories of personal data that we have sold or disclosed about you
for a business purpose;
o The categories of third parties to whom your personal data was sold or
disclosed for a business purpose;
o Our business or commercial purpose for collecting or selling your
personal data; and
o The specific pieces of personal data we have collected about you.
2. Data Portability: You have the right to
request a copy of personal data we have collected and maintained about you in
the past 12 months.
3. Right to Deletion: You have the right to
request that we delete the personal data we collected from you and maintained,
subject to certain exceptions. Please note that if you request deletion of your
personal data, we may deny your request or may retain certain elements of your
personal data if it is necessary for us or our service providers to:
o Complete the transaction for which the personal data was collected,
provide a good or service requested by you, or reasonably anticipated within
the context of our ongoing business relationship with you, or otherwise perform
a contract between our business and you.
o Detect security incidents, protect against malicious, deceptive,
fraudulent, or illegal activity; or prosecute those responsible for that
activity.
o Debug to identify and repair errors that impair existing intended
functionality.
o Exercise free speech, ensure the right of another consumer to exercise
his or her right of free speech, or exercise another right provided for by law.
o Comply with the California Electronic Communications Privacy Act
pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of
the Penal Code.
o Engage in public or peer-reviewed scientific, historical, or statistical
research in the public interest that adheres to all other applicable ethics and
privacy laws, when the deletion of the information is likely to render
impossible or seriously impair the achievement of such research, if you have
provided informed consent.
o To enable solely internal uses that are reasonably aligned with your
expectations based on your relationship with us.
o Comply with a legal obligation.
o Otherwise use the personal data, internally, in a lawful manner that is
compatible with the context in which you provided the information.
4. Right to Opt-Out/In: You have the right to
opt-out of the sale of your personal data. You also have the right to opt-in to
the sale of personal data. However, we do not sell your personal data.
5. Right to
Non-Discrimination: You have the right not to receive discriminatory treatment by us
for the exercise of your CCPA privacy rights. Unless permitted by the CCPA, we
will not:
o Deny you goods or services.
o Charge you different prices or rates for goods or services, including
through granting discounts or other benefits, or imposing penalties.
o Provide you a different level or quality of goods or services.
o Suggest that you may receive a different price or rate for goods or
services or a different level or quality of goods or services.
To exercise your California privacy rights described above, please
submit a verifiable request to us by visiting www.NaftyBabes.com/support or emailing us
at [email protected].
If you have an account with us, you can exercise any of the above rights
from your profile. If you don’t
have a profile or if you are unable to access, control, or delete your
information from within your profile, you can contact us through any of the
above methods.
Only you, or a person authorized by you to
act on your behalf, may make a verifiable consumer request related to your
personal data.
You may only make a verifiable consumer
request for Right to Know or Data Portability twice within a 12-month period.
The verifiable consumer request must:
·
Provide sufficient
information that allows us to reasonably verify you are the person about whom
we collected personal data or an authorized representative. Depending on the
nature of the request, we may need to verify your identity through an
additional Vouched.id verification cycle, which requires a government issued ID
and a photo requiring your presence through the process.
·
Describe your request with
sufficient detail that allows us to properly understand, evaluate, and respond
to it.
We may deny your request if we are unable to
verify your identity or have reason to believe that the request is fraudulent.
Consumer Request by an Authorized Agent
If any authorized agent submits a consumer request on your behalf, in
order to confirm that person or entity’s authority to act on your behalf and
verify the authorized agent’s identity, we require an email be sent to [email protected], along with all of the
below items:
·
Proof that you gave the
authorized agent signed permission to submit the request.
·
Sufficient information to
verify the authorized agent’s identity, depending on the nature of the request.
·
To verify your identity,
depending on the nature of the request, we may also require a valid Government
Issued ID (not expired), email address, and the last 4 digits of the social
security number.
We cannot respond to your request or provide
you with personal data if we cannot verify your identity or authority to make
the request and confirm the personal data relates to you. Making a verifiable
consumer request does not require to create an account with us. However, if you
do have an existing login, we will require you to log in to submit a request.
We will only use personal data provided in a verifiable consumer request to
verify the request’s identity or authority to make the request.
We will acknowledge receipt of the request
within ten (10) business days of its receipt. We will respond to a verifiable
consumer request within forty-five (45) days of its receipt. If we require more
time (up to 90 days), we will inform you of the reason and extension period in
writing. If you have an account with us, we will deliver our written response
to that account. If you do not have an account with us, we will deliver our
written response electronically. Any disclosures we provide will only cover the
12-month period preceding the receipt of the verifiable consumer request. The
response we provide will also explain the reasons we cannot comply with a
request, if applicable. For Data Portability requests, we will provide the
responsive information in a portable and, to the extent technically feasible,
in a readily useable format that allows you to transmit the information to
another entity without hindrance.
We do not charge a fee to process or respond
to your verifiable consumer request unless it is excessive, repetitive, or
manifestly unfounded. If we determine that the request warrants a fee, we will
tell you why we made that decision and provide you with a cost estimate before
completing your request.
c. Your Nevada Privacy Rights
Nevada law permits our users who are Nevada
consumers to request that their personal data not be sold (as defined under
applicable Nevada law), even if their personal data is not currently being
sold. Requests may be sent to [email protected], and are free of charge.
d. Your European Union and UK Privacy Rights
In addition to the above-listed rights,
European Union and Romanian privacy law provides individuals with enhanced
rights in respect of their personal data. These rights may include, depending
on the circumstances surrounding the processing of personal data:
·
The right to object to
decisions based on profiling or automated decision-making that produce legal or
similarly significant effects on you;
·
The right to request
restriction of processing of personal data or object to processing of personal
data carried out pursuant to (i) a legitimate interest (including, but not
limited to, processing for direct marketing purposes) or (ii) performance of a
task in the public interest;
·
In certain circumstances,
the right to data portability, which means that you can request that we provide
certain personal data we hold about you in a machine-readable format; and
·
In certain circumstances,
the right to erasure and/or the right to be forgotten, which means that you can
request deletion or removal of certain personal data we process about you.
Note that we may need to request additional information from you to validate your request. To exercise any of the rights above, please visit www.NaftyBabes.com/help or email us at [email protected].
4. YOUR CHOICES
You have choices about certain information we
collect about you, how we communicate with you, and how we process certain
personal data. When you are asked to provide information, you may decline to do
so; but if you choose not to provide information that is necessary to provide
some of our Services, you may not be able to use those Services. In addition,
it is possible to change your browser settings to block the automatic
collection of certain information.
a. Communications Opt-Out. You may opt out of
receiving email communications from us at any time by following the opt-out
link or other unsubscribe instructions provided in any email message received,
by contacting us as provided at the end of this Privacy Notice, or by changing
your notification preferences in account setting.
you wish to opt out by sending us an email to the address provided below,
please include “Opt-Out” in the email’s subject line and include your name and
the email address you used to sign up for communications in the body of the
email. Note, that if you do business with us in the future, you may not,
subject to applicable law, opt out of certain automated notifications, such as
order or subscription confirmations, based on business transactions (e.g.,
e-commerce).
b. Location Information. If you want to limit or
prevent our ability to receive location information from you, you can deny or
remove the permission for certain Services to access location information or
deactivate location services on your device. Please refer to your device
manufacturer or operating system instructions for instructions on how to do
this.
c. Cookies and Web Tracking. Consult our Cookie Notice for more information about how to
control and/or opt out of certain web tracking technologies.
5. PROTECTING PERSONAL DATA
We use reasonable and appropriate physical,
technical, and organizational safeguards designed to promote the security of
our systems and protect the confidentiality, integrity, availability, and
resilience of personal data. Those safeguards include: (i) the encryption of
personal data where we deem appropriate; (ii) taking steps to ensure personal
data is backed up and remains available in the event of a security incident;
and (iii) periodic testing, assessment, and evaluation of the effectiveness of
our safeguards.
However, no method of safeguarding
information is completely secure. While we use measures designed to protect
personal data, we cannot guarantee that our safeguards will be effective or
sufficient. In addition, you should be aware that Internet data transmission is
not always secure, and we cannot warrant that information you transmit
utilizing the Services is or will be secure.
6. RETENTION OF PERSONAL DATA.
We retain personal data for a period of six
(6) months after a user closes their account, and certain personal data for
longer periods to the extent we deem necessary to carry out the processing
activities described above, including but not limited to compliance with
applicable laws, regulations, rules and requests of relevant law enforcement
and/or other governmental agencies, and to the extent we reasonably deem
necessary to protect our and our partners’ rights, property, or safety, and the
rights, property, and safety of our users and other third parties. Under
applicable law, we are required to retain certain financial information for
seven (7) years.
7. OTHER IMPORTANT INFORMATION ABOUT PERSONAL DATA AND THE
SERVICES.
a. Identity Verification. We require checks for
Creators to ensure that we do not knowingly offer our Services to or collect
personal data from anyone under 18 or anyone using a false identity, and offer
checks as an option for End-users. These checks involve providing certain
information to one or more of our service providers, currently Vouched.id which
verify your identity. If you commence the registration process, you do so with
the understanding that your personal data will be transferred to Vouched.id and
processed subject to their privacy policy and terms and conditions. Vouched.id all require that
you submit your passport or other government identification document, and use
facial analysis software to verify your identity. Vouched.id also requires that
you provide a photo of yourself holding your government identification as part
of the verification process.
b. Payment Information. Payments made by End-users
to access content are processed by our third party payment providers. For
example, when you make a payment that is processed by a payment provider, you
will provide that third party with your credit card number, credit card
expiration date, and security code, which they process and store subject to
their privacy policy and terms of service.
c. Collection of Personal Data from
Children.
Our Services are not intended for anyone under 18. Anyone under 18 years of age
is not permitted to use the Services, and we do not knowingly collect
information from children under the age of 18. By using the Services, you
represent that you are 18 years of age or older.
d. Third-Party Websites and Services. As a convenience, we may
reference or provide links to third- party websites and services, including
those of unaffiliated third parties, our affiliates, service providers, and
third parties with which we do business (including, but not limited to, our
service providers). When you access these third-party services, you leave our
Services, and we are not responsible for, and do not control, the content,
security, or privacy practices employed by any third-party websites and
services. You access these third-party services at your own risk. This Privacy
Notice does not apply to any third-party services; please refer to the Privacy
Notices or policies for such third-party services for information about how
they collect, use, and process personal data.
e. Business Transfer. We may, in the future,
sell or otherwise transfer some or all of our business, operations or assets to
a third party, whether by merger, acquisition or otherwise. Personal data we
obtain from or about you via the Services may be disclosed to any potential or
actual third- party acquirers and may be among those assets transferred.
f. Do Not Track. We currently do not use
any cross-site tracking technologies and do not currently process or comply
with any web browser’s “do not track” signal or similar mechanisms. Note,
however, that you may find information about how to block or reject certain
tracking technologies in our cookie notice.
g. International Use. Your personal data will
be stored and/or processed in the United States, as well as in the European
Union, Canada, Hong Kong, Russia, Singapore, Switzerland, Thailand, Ukraine and
the United Kingdom. By your use of the Services, you acknowledge that we will
transfer your data to, and store your personal data in, the above countries, which
may have different data protection rules than in your country, and personal
data may become accessible as permitted by law in the above countries,
including to law enforcement and/or national security authorities in the those
countries. For transfers of data into and out of the European Economic Area,
pursuant to Article 46 of the General Data Protection Regulation, we use data
transfer agreements subject to EU-approved standard contractual clauses.
8. MODIFICATIONS AND UPDATES TO THIS PRIVACY NOTICE
This Privacy Notice replaces all previous
disclosures we may have provided to you about our information practices with
respect to the Services. We reserve the right, at any time, to modify, alter,
and/or update this Privacy Notice, and any such modifications, alterations, or
updates will be effective upon our posting of the revised Privacy Notice. We
will use reasonable efforts to notify you in the event material changes are
made to our processing activities and/or this Privacy Notice, such as by
posting a notice on the Services or sending you an email. Your continued use of
the Services following our posting of any revised Privacy Notice will
constitute your acknowledgement of the amended Privacy Notice.
9. APPLICABILITY OF THIS PRIVACY NOTICE
This Privacy Notice is subject to the Terms
of Service and Acceptable Use
Policy that govern your use of the Services. This Privacy
Notice applies regardless of the means used to access or provide information
through the Services.
This Privacy Notice does not apply to information
from or about you collected by any third-party services, applications, or
advertisements associated with, or websites linked from, the Services. The
collection or receipt of your information by such third parties is subject to
their own privacy policies, statements, and practices, and under no
circumstances are we responsible or liable for any third party’s compliance
therewith.
10. ADDITIONAL INFORMATION AND ASSISTANCE
If you have any questions or concerns about this Privacy Notice and/or how
we process personal data, please contact us at [email protected].
In addition, we have appointed a data
protection officer (“DPO”) who is responsible for, among other things,
responding to questions, requests, and concerns in relation to this Privacy
Notice and our use of personal data. You may contact the DPO as follows:
Data Protection Officer
[email protected]