Seks Privacy Policy

1. INTRODUCTION

Seks provides an online social networking platform (the “Platform”) designed to enable consenting adults to express themselves via streaming video and chat. We are NOT in the business of producing cam broadcasts, we are in the business of providing a platform for individuals to access (each, a “C4 Member”) and share with other Seks Members live interactive video and audio content which may be, at the Seks Member’s discretion, of an adult nature.

Your privacy and security are of paramount importance to us when you choose to use our service. Seks is committed to protecting the data you share with us.

This Privacy Policy is intended to help you understand how Seks processes information collected through use of our website and platform that can be used to directly or indirectly identify an individual (“Personal Data”).

For the purposes of this Policy, Seks defines these terms:

“Guest” as someone who visits our front-end website (www. Seks.com) to observe cam shows for free and without any registration,
“C4 Member” as someone who registered an account with Seks,
“Independent Broadcaster” as a Seks Member with whom Seks has an established relationship and who has decided to provide Seks with Entrepreneurial Generated Content (“EGC”) by broadcasting webcam shows,
“Earners” are Independent Broadcasters who have selected the option to earn tokens for their performances on Seks.

Any user’s information found on Seks’s Platform is treated as confidential. All data is stored securely and is accessed by authorized personnel only. Seks implements and maintains appropriate technical, security and organizational measures to protect all its users’ Personal Data against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure.

2. Collection and use

2.1 General

The following sections cover how we collect and process data for each of the four user groups defined above (Guests, Seks Members, Independent Broadcasters and Earners), including which pieces of data we collect and use for publication purposes, customer relations and email notifications.

2.2 Data from Website Guests

If you are a Guest to our website only, then this section is relevant for you.

When you visit Seks as a Guest, we will not ask you for any Personal Data.

However, Seks does collect, record, aggregate and analyze information of ALL visitors to its website, and we use analytics tracking systems to do this, specifically, FoxMetrics, Fivetran Inc., Snowflake Inc., Dataiku Inc, Dataiku SAS, Dataiku Ltd and Sisense Ltd. Seks gathers data about visits to the website, including the numbers of visitors, geo-location data, length of time spent on the site, page view activity and hyperlinks clicked, where visitors have come from and what operating system is being used. We will retain and evaluate information on your visits to our website and how you move around different sections of it in order to understand how people use our website so that we can make it more intuitive. Seks collects behaviour data and profile data including what you do on our site, such as whether you add friends or favorites, send private messages, tip a broadcaster, make a purchase, or watch a broadcaster. We will retain your viewing and shopping history and use details of the products you have previously purchased and the broadcasters you have viewed to make suggestions to you for other products and broadcasters in which we believe you will also be interested. We will keep a record of what you have clicked on and use that information to target advertising on this website to you that is relevant to your interests, which we have identified based on what you have viewed. We record information from your web browser, your IP address and we use cookies to do so.

Although such information is not personally identifiable, we use your IP address to determine your Internet Service Provider and the geographic location of your point of connectivity.

2.3 Data from Seks Members, Independent Broadcasters and Earners

In order to provide additional services to its Users, Seks must collect more data from them, some of which is Personal Data.

If you register an account, we will collect your chosen “username” and email address.

This information is used by Seks to identify you and provide you with support, services, mailings, sales and marketing actions, billing and to meet contractual obligations.

If you choose to fill out an optional profile to share information about yourself with Seks and our community of Users, the Special Category of Personal Data we will collect your ethnicity, sexual orientation, marital status, your profile picture and your biography, if you create and share those things with us.

We will seek your explicit consent to process Special Category of Personal Data, collected by Seks or volunteered by you. Kindly note that any consent will be entirely voluntary. However, if you do not grant the requested consent to the processing of your Personal Data, the use of this website as anything other than a “Viewer” may not be possible.

If you are an “Independent Broadcaster”, we will ask you to create a personal profile to include a name or alias you prefer to use, an email address, profile pictures, gender, date of birth, relationship status, your interests and hobbies, ethnicity and sexual orientation. We will ask you for this information in order to enable and monitor your use of our site platform and services. We will also retain snapshots of your broadcast video stream you created, and we will use that to assist us with verifying your age and to comply with law. Also, in order to comply with age verification laws and regulations, we will ask your consent to process your name, age, aliases, maiden names, nicknames, and any stage or professional names you may have used in the past or are currently using.

As noted above, we collect your date of birth for legal compliance purposes, which includes age verification and, where applicable, 18 U. S. C. § 2257 compliance. Separately, and only with your explicit consent, we may also use the month and day of your birth to:

Send you a birthday greeting from us, and/or

Display your birthday (month and day only) to other users of the platform

This use is entirely optional and will only occur if you have affirmatively opted in via your account settings. You may withdraw your consent at any time by updating your settings, and we will promptly cease this use.

We do not share your full date of birth, year of birth, or age with other users or third parties for this purpose.

The legal basis for using your birth month and day for birthday greetings or social display is Article 6(1)(a) of the GDPR — your explicit consent. Without your consent, we will not process your birthday data for this purpose.

In the event you become an Earner, or otherwise choose to transact the purchase of goods and services through the site, one or more of our payment processors will collect billing information from you to facilitate your purchase from us. Such information will include a credit card number, its expiration date, and a billing address. WE DO NOT HAVE ACCESS TO YOUR FINANCIAL DATA, WHICH IS COLLECTED BY OUR PAYMENT PROCESSORS. Financial data that is collected by our payment processor will only be used as necessary to initiate and complete any orders placed by your account. Please see our section on Payment Service Providers for more information.

Credit card purchases on Seks are processed via industry standard encryption through third-party processors, and these processors will use your information only for the purpose of processing your order. The financial data you share with our processors is considered private information and will not be shared with us, or with third parties, except with your authorization and as necessary to carry out orders placed by you and with your understanding that such transaction(s) are subject to the rules and policies of such third parties.

If there is a dispute concerning your credit card purchase, Seks’s customer service department may receive from the relevant payment processor a truncated version of your credit card number in order to identify your purchase and to further assist or resolve the issue. We would then have in our possession a partial card number, which we would use for the proper administration of our payment services.

2.4 Data for Customer Relations

To properly manage our relationship with you and provide the best support and customer services, we will use your contact information including your name, your contact details, and any information found in prior communications between us. We will also keep records of our discussions so that we can follow up as needed, and to promote our products and services to you that may help address any service issues.

2.5 Data for Email Notifications

When you create an account on Seks, we will need to use your email address to notify you of important changes to your account, such as updates to Privacy Policy or Password reset requests.

If you consent to receive emails such as newsletters, product information or special offers and sales, we will use the Personal Data provided in your profile, your user group level, and purchase history order to tailor content and messages to your interest(s) and account type.

Many of these options can be customized in your My account > Privacy section.

2.6 Publications, Chat and Video Communications

If you post information on our site’s platform for the purpose of publishing it we may, with your consent, process that information in the course of administering our website and services. For example, we may, with your consent, share information about languages you’ve indicated you speak so that users looking to communicate in that same language can find you more easily.

Please bear in mind that the Seks website features of interactive video and chat services make it possible for you to communicate identifying information about yourself to other users who are viewing a live video stream from your device. This information is given directly to those users viewing the live video stream, and not to us. We cannot be responsible for the privacy of Personal Data that you communicate through video chat to users who are viewing your live video stream. Do not share Personal Data via live video streaming to other users of our Platform if you wish to maintain your privacy!

Seks Members should be aware that making use of chat or any other means of communication via our Platform could result in disclosing information that could make you personally identifiable to us or other users or Seks Members. The security and privacy protection implemented on our Platform does not cover this type of transfer or disclosure of personal information. All users of our Platform are solely responsible for the content of their messaging and any consequent disclosure of Personal Data. It is every user’s responsibility to ensure that collection and processing of data is done in accordance with applicable law. We will not process Personal Data of our users disclosed in this fashion or by other means than instructed by its users via appropriate consents, as required by contract or law or as necessary to the functionality of the Site. Please, do NOT share anyone else’s Personal Data over the Seks Platform.

2.7 Legal Claims and Management of Risk

We will process any of your Personal Data identified in this Policy where it is necessary to establish, exercise or defend legal claims, either in or out of court, or to hire professional advice for the protection of our business against risk and to assert our legal rights, your legal rights and the legal rights of others.

3. Sharing of personal data

3.1 General

The following sections tell you when and to whom Seks will disclose your Personal Data.

3.2 Legal and Vital Interests

Seks may disclose your Personal Data in order to obtain professional advice, to establish, exercise or defend legal claims, to comply with legal obligations or to protect your vital interests or the vital interests of another natural person.

3.3 Our Companies

In order to accomplish the purposes set forth in this Privacy Policy, and on the legal bases set out herein, Seks will share your Personal Data with its group of companies and affiliated companies, including sister companies and so-called “white label” companies, and other subsidiaries of its holding company. For an up-to-date listing of CAM4s affiliated websites, please contact support@seks.com.

3.4 Affiliate Partners

Seks has an Affiliate Program which allows partners (“Affiliates”) to earn revenue by promoting Seks. These promotions may involve embedding profile images, live streams, chat rooms, and links to profiles on Affiliate’s websites as a means to drive traffic to Seks and promote our Broadcasters.

Seks will disclose your publicly available Personal Data, such as your profile information, profile image and live stream to our business partners and Affiliates

We will also pass information relating to your privacy settings as is reasonably necessary for the uploading, sharing and viewing of adult content, including sexually explicit images you may have added. This is also done to ensure that Affiliates who may be promoting Independent Broadcasters are respecting the privacy settings of the individual, such as blocked countries.

We do not share your email, name, contact or other personally identifiable information with any of these Affiliates. For a complete list of these affiliates please contact support@seks.com

3.5 Payment Services Providers

We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and handling complaints and questions. For more information about our payment processors privacy policies and practices, visit their website: Epoch Payment Solutions, Segpay Corp., DialXS, PayGarden, Commdoo, InterAc

3.6 3rd Party Providers of Goods/Services

A Service Provider (SP) provides organizations with consulting, legal, real estate, communications, storage, processing, etc. Although a service provider can be an organizational sub-unit, it is usually a third party or outsourced supplier, including financial service providers (banks or payment processors), telecommunications service providers, application service providers, storage service providers, Internet Service Providers (“ISP”), etc.

We will disclose some of your Personal Data (but none of the categories of special personal data) to one or more of our third party suppliers of services (for example to the banks in order to pay your earnings from your broadcasts) so that they can accomplish their duty to give you their best possible service.

3.7 Our Legal Obligation to Disclose Personal Data

We will reveal a User’s Personal Data without prior permission when we have reason to believe that the disclosure of this information is required to establish the identity of, to contact or to initiate legal proceedings against, a person or persons who are suspected of infringing rights or property belonging to Seks or to others who could be harmed by the User’s activities. We are permitted to disclose personal information when we have good reason to believe that this is legally required.

Government authorities may, without your consent (or our consent), communicate information to other authorities, including relevant police if there is reasonable cause to believe that a criminal or penal offense has been committed or is about to be committed.

4. Special categories of personal data

Special Categories of Personal Data are defined as Personal Data revealing:

racial or ethnic origin
political opinions, religious or philosophical beliefs
trade union membership
biometric data for the purpose of uniquely identifying a natural person
data concerning health
data concerning a natural person’s sex life or sexual orientation

If you choose to fill out an optional profile to share information about yourself with Seks and our community of Users, the Special Category of Personal Data we collect may include your ethnicity, sexual orientation, marital status, your profile picture and your biography.

Should you consent to such use, and never without your consent, this information is used by Seks to identify you and provide you with the best possible user experience, support, and services. For instance, helping you find cams and users who share the same interests, identifying you to other users, and preventing advertisers from showing you content you are not interested in. We also use this Personal Data to improve our marketing messages and campaigns to be relevant to your interest and experiences.

While users often share other types of Special Categories of Personal Data in personal biographies and profiles, such as political opinions or philosophical beliefs, Seks does not use this information for any purpose but retains it for you as part of our website services. You are of course free to edit, modify, delete and share your own personal information in your profiles, as long as it is compliant with law and our Terms of Service.

5. International transfers of personal data

5.1 Operations

The Seks platform is supported by a network of computers, cloud-based servers, and other information technologies including 3rd party service providers. Some of these services may come from jurisdictions other than your own, and those countries do not always afford an equivalent level of privacy protection. We have taken strict measures to protect your Personal Data; in particular, we rely on your explicit consent and security and confidentiality of your Personal Data in binding corporate rules and contractual protections. We are required to transfer your Personal Data with those parties in order to be able to provide the requested service to you.

5.2 Acknowledgement

You acknowledge that Personal Data you submit for publication or broadcast using our platform services is available via the Internet, worldwide, and we cannot prevent the use or misuse of such Personal Data by others.

6. Retention and deletion

Seks will not retain data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations. Seks’s users have control over the purpose for collecting data, and the duration for which the Personal Data may be kept. Users with an active account (Seks Members) will therefore have the responsibility to delete data when required. When a Seks Member’s account is terminated or expired, all Personal Data collected through the platform will be deleted, as required by applicable law, with the exception that we may retain your Personal Data where such retention is necessary for compliance with a legal obligation, or in order to protect your vital interests or the vital interests of another natural person.

Seks Users can at any time access and edit, update or delete their contact details by logging in with their username and password to Seks’s platform.

7. Your privacy rights by law and per this privacy policy

7.1 The Right to Access

You have the right to know whether or not we process your Personal Data and you have the right to access it along with certain additional information. That additional information includes details of the purposes of the processing, the categories of Personal Data concerned and who has received it. Providing the rights of others are not affected, we will supply to you a copy of your Personal Data, at no charge. Additional copies are subject to a reasonable fee. You can access your Personal Data from inside your account details on our site.

7.2 The Right to Rectification

You have the right to have any inaccurate Personal Data about you rectified and, taking into account the purposes of the processing, to have any incomplete Personal Data about you completed.

7.3 The Right to Erasure

In some circumstances, you have the right to have us erase your personal data without undue delay. Those circumstances include: your Personal Data is no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and if the Personal Data has been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.

7.4 The Right to Restrict Processing

If you contest the accuracy of your Personal Data or if processing is unlawful but you oppose erasure; or if we no longer need the Personal Data for the purposes of our processing but you require personal data for the establishment, exercise or defense of legal claims; or if you have objected to processing, pending the verification of that objection, then you may restrict the processing of your Personal Data. However, in that event, we may continue to store your Personal Data and we will only process it with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural person, or for reasons of important public interest.

7.5 The Right to Object to Processing

You have the right to object to our processing of your Personal Data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your Personal Data for this purpose.

7.6 The Right to Data Portability

If our legal basis for processing your Personal Data is consent; or that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your Personal Data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights of others.

7.7 The Right to Complain to a Supervisory Authority

If you consider that our processing of your personal information infringes data protection laws, you may have a legal right to lodge a complaint with a supervisory authority responsible for data protection. If you are a EU citizen, you have the right to do so in the EU member state of your residence, your place of work or the place of the infringement.

7.8 The Right to Withdraw Consent

If the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

You may exercise any of your rights in relation to your personal data by contact us at https://www.seks.com/contact, in addition to the other methods specified in this section.

8. California Consumer Privacy Act (CCPA)

Commencing January 1st, 2020, Seks.com is compliant with the California Consumer Privacy Act of 2018 (CCPA). As such, Seks posts this California-specific addition to its GDPR compliant Privacy Policy. Once a year, prior to January 1 of the following year, this California-specific privacy policy will be amended pursuant the CCPA.

If you are a California resident, regardless of whether you are a customer or have any other relationship with Seks, Seks affords you five rights respecting your personal information.

These rights are:

The right to request disclosure of Seks’s collection and sale of your data, including the categories of personal information Seks collects, the source of that information, Seks’s use of the information and, if Seks disclosed your information to third parties, you have a right to know what categories of personal information were disclosed and the categories of third parties to whom such information was disclosed;
You have the right to request a copy of the specific personal information collected about you during the 12 months before your request (This, together with right #A, is a “personal information request”);
With few exceptions, you have the right to have Seks delete such information;
You have the right to request that your personal information not be sold to third parties;
You have the right not to be discriminated against because you exercised any of these new rights, which is to say, you will receive equal service and pricing even if you exercise any of the above rights.

For purposes of the CCPA, the “personal information” includes any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

In the last 12 months, Seks has collected information in the following categories:

Identifiers (such as contact information, email address, Internet Protocol address, government IDs, cookies, etc.); Source: Consumer
Information protected against security breaches (such as your name and credit card information, driver’s license, passport, social security number, username and password); Source: Consumer
Protected classification information (like race, gender, ethnicity, etc.); Source: Consumer after specific consent
Internet/electronic activity; Source: Electronic means/ Internet
Commercial information; Source: Account activity
Geolocation; Source: Electronic means/Internet
Audio/video data; Source: Consumer, and
Biometrics. Source: Consumer (Note: Seks only collects information online).

In the last 12 months, Seks has “sold” information in the following categories:

Identifiers, specifically, contact information sent to a contracted third-party to assist consumers with their onboarding efforts.

In the last 12 months, Seks has disclosed for a business purpose personal information in the following categories:

Identifiers (such as contact information, government IDs, cookies, etc.), for the business purpose of law enforcement, detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
Information protected against security breaches (such as your name and financial account, driver’s license, social security number, username and password); for the business purpose of law enforcement, detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
Protected classification information (like race, gender, ethnicity, etc.) for the business purpose of analytic services;
Internet/electronic activity; for the business purpose of analytic services;
Commercial information; for the business purpose of analytic services;
Geolocation; for the business purpose of analytic services;
Audio/video data; for the business purpose of law enforcement, detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;

8.1 Exercising Your Rights

As a consumer of the Seks platform, you can only make a personal information request two (2) times in a 12-month period. Seks will then be afforded the opportunity to collect information from you so that it can verify your identity. Then, Seks will respond to you within 45 days of receiving your personal information request.

To make a personal information request, please contact the customer service department of Seks.com by clicking on this link https://www.seks.com/contact or calling this number +5999 736 6277.

8.2 Personal Data Sales Opt-Out

To make a choice regarding the selling of personal information, please sign in and visit the Privacy Settings in the My Account section.

9. Additional information for residents of Brazil

Commencing January 1. 2021, Seks is compliant with Federal Law No. 13, 709/2018 - General Data Protection Law of Brazil ("LGPD"). This section provides additional information required by LGPD and is applicable to residents of Brazil. Seks posts this Brazil-specific addition to its GDPR compliant Privacy Policy and will update it as necessary.

When Seks acts as data controller with respect to collecting and processing personal data under LGPD, you have the right to make the following requests:

A. The right to confirmation of the existence of processing;
B. The right to access the data;
C. The right to correct incomplete, inaccurate or out-of-date data;
D. The right to anonymize, block, or delete unnecessary or excessive data or data that is not being processed in compliance with the LGPD;
E. The right to the portability of data to another service or product provider, by means of an express request;
F. The right to delete personal data processed with the consent of the data subject;
G. The right to information about public and private entities with which the controller has shared data;
H. The right to information about the possibility of denying consent and the consequences of such denial;
I. The right to revoke consent

To exercise any of these rights, please contact the customer service department of Seks.com by clicking on this link https://www.seks.com/contact or calling this number +5999 736 6277. You will need to provide your first name, last name, email address, and country of residence to submit a request. You will also be required to verify your identity before we are able to fulfill your request.

If you are located in Brazil when you visit the Seks website or platform, we may transfer your personal data outside of Brazil. When we do, we will ensure that an adequate level of protection is provided for the transfer.

10. Cookies

Seks places cookies to store and then retrieve small bits of information on your computer when you visit. This is to ensure that our content is tailored to your specifications, thereby improving the visitor experience of the site. More details about how we use cookies you can find on Cookies Policy.

11. Acceptance of these conditions

We assume that all users of our Platform have carefully read this document and agree to its contents. If you do not agree with this Privacy policy, you should refrain from using our Platform. We reserve the right to change our Privacy Policy as necessity dictates. Continued use of the Seks Platform after having been informed of any such changes to these conditions implies acceptance of the revised Privacy Policy. This Privacy Policy is an integral part of Seks’s Terms and Conditions.

12. Our details

12.1 Owner

This Website is owned and operated by Tropistream Corporation, NV, a company incorporated and located in Curaçao and principally located at Santa Rosa Resort, Kavel 23, Willemstad, Curaçao.

12.2 Contact Information

If you have any further questions regarding the data Seks collects, or how we use it, then please feel free to contact us:

By Post To: Tropistream Corporation, Santa Rosa Resort, Kavel 23, Willemstad, Curaçao

Website Contact Form: https://www.seks.com/contact

General email contact: contact@seks.com

Data Protection Officer email contact: dpo@seks.com