California Privacy Policy

IMPORTANT POINTS.

1. AT TIMES YOUR PERSONAL DATA MAY BE SHARED WITH THIRD PARTY VERIFICATION PROVIDERS.

Our services are not intended for anyone under 18. We have checks to ensure that we do not knowingly offer our services to or collect personal information from anyone under 18 or anyone using a false identity. These checks involve passing the following information to a third party which verifies the information. If you commence the registration process then you do so on the strict understanding that your personal data will be transferred to that third party and processed accordingly. We reserve the right to change the third parties as and when necessary without reference to you.

The data we share with third parties for verification purposes is (Verification Data):

• your full name;
• your date of birth;
• your (passport or other identification document number);
• your address;
• your selfie photo.

WE HAVE CUSTOMER SERVICE OPERATIONS, CERTAIN PAYMENT PROVIDERS AND OTHER ANCILLARY SERVICES BASED OUTSIDE THE EUROPEAN UNION.

When your personal data is transferred outside the EU you will lose the protection of GDPR. By registering, you agree to the transfer of your personal data to North America and Europe – these operations offer a customer service operation using an online portal and they will respond to the queries you have. So by definition, you will be aware of the personal data that they are processing because you will have contacted them with specific queries. They will not receive personal data per se but access our systems remotely. Although your personal data will not leave the UK the fact that it can be accessed and processed remotely from outside the EEA constitutes a data transfer. We have conducted due diligence on their operations and are satisfied that their processing of your personal data is GDPR compliant.

The provider of the portal is GDPR compliant.

Please feel free to contact us if you require further information.

Important: Please read this policy carefully to understand the Company's policies and practices regarding your information and how the Company will treat it. If you do not agree with the Company's policies and practices, your choice is not to use the Website. By accessing or using the Website, you agree to this policy and consent to the Company's collection, use, disclosure, retention, and protection of your personal information as described in this policy. The Company may change this policy on one or more occasions. The Company will consider your continued use of the Website after the Company makes changes as your acceptance of the changes, so please check this policy frequently for updates.

3. MAKING OR RECEIVING PAYMENTS INVOLVES THE USE OF THIRD PARTIES WHO PROCESS PAYMENTS.

Please refer to Section 4 of our Terms and Conditions. (www.KCoffical.com/terms). KC involves making payments to view User Content; receiving payments from Viewers who are viewing User Content or both. To that end you will deal with third party payment processors but will do so independently of your OF membership.

4. ALL CONTENT IS MONITORED BY THIRD PARTIES TO ENSURE THAT THE NETWORK IS LAWFUL AND LEGAL AND NOT BROUGHT INTO DISREPUTE.

We are happy to share with you details of these service providers. We will always conduct due diligence because we will be sharing your personal data with them.

5. WE WILL NOT PROFILE OR MAKE AUTOMATED DECISIONS WHICH AFFECT YOU.

THE PRIVACY POLICY

Introduction

KC 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 “Viewers”. Most of this policy relates to all users but where necessary we differentiate between Viewers and Creators.

KC is the trading name of KCOFFICAL, LLC.

When people KC, they share some information with us. This policy sets out the information we collect, how we use it and who we share it with.

We confirm that the lawful basis for processing your data is that by participating with our social network you have contracted with us and the processing of data set out here is part of that contract. The contract is the Terms of Service to which all users are a party. To the extent that we have to monitor and control use of our site which includes the content posted, the Creator who posted it and the Fan who accessed the content the basis for that processing is to fulfil a legal obligation.

If you have any questions about anything in our Privacy Policy or wish to complain then please contact info@kcoffical.com. We hope that we can resolve any query or concern you raise about our use of your information. If not, contact the Information Commissioner at info@kcoffical.com for further information about your rights and how to make a formal complaint.

Information we collect

Regardless of whether you are a Creator or Fan or both there are three categories of information we collect:

• Information you choose to give us.
• Information we get when you use our services.
• Information we get from third parties.

Information you choose to give us

In order to open an account and use our services you will disclose to us:

1. Your name;
2. home address;
3. email address;
4. your date of birth;
5. a valid, unexpired copy of your passport or other verified government ID;
6. your banking credentials (depending on the payout method you select).

We may also ask you to provide us with some additional information that will be publicly visible on our services, such as profile pictures, a profile name or other useful identifying information.

If you have any reason to contact us separately for example to discuss concerns with customer services then we will collect the information you volunteer.

Information we get when you use our services

When you use our services, we collect information about the content you have viewed or shared.

• Usage information. We collect information about content that Viewers have accessed. We may highlight to that user similar content;
• Content information. We collect content you create on our services, such as custom stickers, photos, videos, text and information about the content you create or provide, such as if the recipient has viewed the content and the metadata that is provided with the content.
• Device information. We collect IP addresses or other identification data from and about the devices you use. For example, we collect: information about your hardware and software, such as the hardware model, operating system version, device memory, advertising identifiers, unique application identifiers, apps installed, unique device identifiers, browser type, language, battery level and time zone;
• Location information. When you use our services, we may collect information about your location. With your consent, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points and other sensors such as gyroscopes, accelerometers and compasses.
• Information collected by cookies and other technologies. Like most online services we use cookies. The cookies we use are the usual analytics and session cookies (For your information: most web browsers are set to accept cookies by default. If you prefer, you can usually remove or reject browser cookies through the settings on your browser or device. Keep in mind, though, that removing or rejecting cookies could affect the availability and functionality of our services.)
• Log information. We also collect log information when you use our website. That information includes:
  1. details about how you have used our services;
  2. device information, such as your web browser type and language;
  3. access times;
  4. pages viewed;
  5. IP address;
  6. identifiers associated with cookies or other technologies that may uniquely identify your device or browser.

How we use information

We use this information to ensure that the content can be enjoyed by everyone. Our objective is to strive to keep the content appropriate, tasteful and lawful. Here are some of the ways we do that:

• develop, operate, improve, deliver, maintain and protect our products and services.
• send you communications, including by email. We may use email to respond to support enquiries or to share information about our site.
• monitor and analyze trends and usage.
• verify your identity and prevent fraud or other unauthorized or illegal activity.
• use information we've collected from cookies and other technology to enhance the services and your experience with them. This includes use for our referral scheme and different user visual settings.
• enforce our Terms of Service and other usage policies.

We may also store or use information locally on your device.

How we share information

We may share information about you in the following ways:

With other Users. We may share the following information with other Users:

• information you enter, such as your username, profile name, and profile biography.
• any additional information you have consented for us to share.
• content you post or send will be shared with your Viewers and/or the Creators you subscribe to.

With all Users. We may share the following information with all Users:

• public information such as your profile name, username and profile pictures

With third parties. We may share your information with the following third parties:

• With service providers. We may share information about you with service providers who perform services on our behalf. This includes Zendesk, Aristotle and Sight Engine.
• With third parties for legal reasons. We may share information about you if we reasonably believe that disclosing the information is needed to:
  • comply with any valid legal process, governmental request, or applicable law, rule or regulation, investigation, remedy, or enforce potential Terms of Service violations; protect our, our users' or others' rights, property and safety; detect and resolve any fraud or security concerns.
• With third parties as part of a merger or acquisition. If we are involved in a merger, asset sale, financing, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.

Payment Providers

The volume of payments made by Viewers to access content, payments made to Creators for their content and where Users reside means that we use third party payment providers. This involves the transfer of personal data being names and bank details.

When Viewers make payments these are processed through third party processors. You will contract with those third parties which will be the data controller of that data.

When we receive the monies, we remit the balance to the Creators, minus management fees. The Creator will ether:

1. contract with the third party processor. We use a number of third party processors; or
2. be paid by us – if this happens the Creator enters their banking information – each bank and jurisdiction has its own requirements onto our platform. We then arrange for payment.

 

Third-party content and integrations

At present we do not offer these.

 

Analytics and advertising services

We do not let other companies collect information about how you use our services.

 

How long we keep your content

Creator Content

We want you to be in control of your information. At anytime a Creator can delete any content the Creator choses to. To the extent content contains pictures or footage of you this is personal data.

Other Personal Data

If any User closes the account the personal data that relates to your use of KC and bank details we hold about you will be deleted after six months.

FIL has to retain financial information for 7 years This is a legal requirement as HMRC can investigate our financial records for that period and we need to retain details of payments made by you and to you.

This paragraph satisfies the provisions of Article 13(2)(b&c) GDPR.