Privacy Policy

This privacy policy:

• provides an overview of how the Company collects and processes your personal data and tells you about your rights under the EU General Data Protection Regulation (“GDPR”);
• is directed to individuals who are: (a) visitors of the Website (referred to in this privacy policy as “Browsers”); (b) individuals who have registered as members of the Website by creating their own account (referred to in this privacy policy as “Members”); (c) individuals who have registered as models (referred to in this privacy policy as “Models”). Browsers, Members and Models must be aged eighteen (18) years and over or must have attained the age of majority in their respective jurisdiction in order to be able to use the Website. All persons who do not meet these criteria are strictly forbidden from accessing, viewing the contents of, or otherwise joining the Website. We do not knowingly seek or collect any personal information from persons who have not attained the age of eighteen (18); and
• is directed to natural and/or legal persons who have registered as studio operators (referred to in this privacy policy as “Studio Operators”).

For the purposes of this privacy policy:

• when we refer to “personal data” or “personal information” we mean data which identifies or may identify you and which may include, for instance, your email or IP address;
• when we refer to “processing” we mean the handling of your personal data by us, including collecting, protecting and storing your personal data; and
• when we refer to “sensitive data” we mean personal data which may reveal information about racial or ethnic origin, political opinions, religious beliefs, trade union activities, physical or mental health, sexual life, genetic or biometric data.

We obtain your personal data mainly through any information you provide directly to us through our Website. Sometimes your personal data can also be shared with us, if for example you use an authentication system to Log in. Below is a list of ways we collect your personal data:

• when you visit and/or use our Website;
• when you complete our registration form;
• when you log in to our website using an authentication system;
• when you post materials or upload content;
• when you participate in chat sessions;
• when you take part in surveys or report a problem with our Website; and/or
• when you contact us via email, post or other ways of communication.
• when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this privacy policy.

It does not apply to information collected by:

• us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
• any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.

(a) Personal data we collect and process from Browsers

• Technical Data, including your Internet Protocol (IP) address and associated country, your browser type and version, time zone setting and location, smart device information, mobile phone network information, operating system and platform and other technology on the devices you use to access this Website;
• Cookies including web beacons. For more information on the cookies we collect, please visit out Cookies Policy.
• Usage Data, including your communication preferences and information about how you use our Website including the services you viewed or searched for, page response times, download errors, length and number of visits and page interaction information (such as scrolling, clicks and mouse-overs) as well as the links you clicked on or used. To learn more about our use of cookies or similar technology, please check our Cookies Policy;
• User Submitted Data, including data collected for a specific function, for instance a contest or a survey;
• Communications and correspondence, including any correspondence between you and us and any other communication between you and anyone else on the Website, including customer service requests, emails and live chats.
• Consents, including any permissions, consents or preferences that you give to the Website.

(b) Personal data we collect and process from Members

• All personal data we collect from Browsers, set out in paragraph 4(a) above;
• Identity and Contact Data, including username or similar identifier, password, full name and email address. We may also collect your photo or video, if such is uploaded to your profile;
• Usage Data, including data about which products you use and purchase, all orders you place on the Website and all metrics and measurements regarding your orders, bids, advertisements, campaigns and any other of your activities on the Website.
• User Submitted Data, including data collected at your discretion for a specific function, for instance your username and password, your interests, preferences, feedback and survey responses, or any text, images, videos, blog posts, forum comments or other content or media you choose to upload on the Website.
• Financial and Transactional Information, including bank account, direct debit data, billing address and fund transfers and other details of products and services you have purchased or received from us; and
• Marketing Data, including preferences in receiving marketing from us, our affiliates and third-parties.

(c) Personal data we collect and process from Models

• All personal data we collect from Members, set out in paragraph 4(b) above;
• Identity and Contact Data, including stage name, your date of birth, your address, a valid government identification number (such as your identity or passport number) and a photo of yourself holding your identification document.
• User Submitted Data, including your likeness, performance, acts, poses and play, any musical, instrumental or sound effects and any dialogues you have with the users.
• Data generated during your use of the Website, including your performer ID and any screenshots we take from your video streams.

(d) Personal data we collect and process from Studio Operators who are natural persons

• All personal data we collect from Members, set out in paragraph 4(b) above; and
• Identity Data, including the name of the ultimate beneficial owner of a Studio Operator which is a corporate entity or of other officers of the Studio Operator which are disclosed to us from time to time. Where the Studio Operator is a natural person, we may also collect his identity document, but only if it is voluntarily uploaded on the Studio Operator’s account.

We will most commonly use your personal data in the following circumstances:

• a) where we need to perform our services to you, as necessary in accordance with our Website’s Terms of Use;
• b) where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
• c) where we need to comply with a legal or regulatory obligation; and/or
• d) where you have given us your consent.

Below, we describe these circumstances in further detail.

• (a) Performance of our services to you
  
  • (1) Provision of services
    
    

    We may collect and process your personal data where it is necessary in order to present our Website and its contents to you, including any interactive features on our Website and to provide you with information, products or services that you request from us.

    Please note that if you do not agree to provide us with the requested information, it may not be possible for us to continue to operate your account and/or provide you with the services we provide to our Members.

  • (2) Customer management (Members Only)
    
    

    We may collect and process your personal data where it is necessary in order to manage a Member’s account, to provide customer support and notices to Members about their account and/or subscription, including expiration and renewal notices, and inform you about any notices about changes to our Website or any products or services we offer or provide through it.

  • (3) Model and Studio Operator Management
    
    

    We may collect and process your personal data where it is necessary to administer our relationship with you, manage your account and provide you with support about your account, including expiration and renewal notices, and inform you about any changes to the Website that may affect the services that you provide to us.

• (b) Legitimate interests
  
  • (1) Customization of content (Members Only)
    
    

    We may collect and process your personal data where it is necessary in order to perform research and analysis about your use or, or interest in, our Website content and/or services, so as to develop and display content and advertising tailored to your interests on our Website.

  • (2) Analytics
    
    

    We may collect and process your personal data where it is necessary in order to determine whether users of the Website are unique, or whether the same user is using the Website on multiple occasions, and to monitor aggregate metrics such as total number of visitors, pages viewed and demographic patterns.

  • (3) Functionality and security
    
    

    We may collect and process your personal data where it is necessary to diagnose or fix technology problems, and to detect, prevent, and respond to actual or potential fraud, illegal activities, or intellectual property infringement.

  • (4) Other legitimate interests
    
    
    In addition to the above, we may process your data, to the extent required for our business needs in order to:
    

    • 1) develop new services on our Website as well as analyze and target new markets;
    • 2) protect our legal rights and interests (including legal claims and preparing our defense in litigation);
    • 3) monitor, maintain and improve internal business processes, information and data, technology and communication solutions and services;
    • 4) ensure network information security, including monitoring Browsers’ and Members’ access to our information technology for the purpose of preventing cyber-attacks, unauthorized use of Website and prevention or detection of crime;
    • 5) send you relevant marketing information (including details of other services provided by us which we believe may be of interest to you), but only where you are Members of the Website (For more information, see “Choices About How We Collect, Use and Disclose Your Personal Information”);
    • 6) monitor the performance and effectiveness of our services and the Website; and
    • 7) assess the quality of our customer services.
• (c) For compliance with legal obligations
  
  When you visit and/or use and/or register in our Website (and throughout your relationship with us), we are required to comply with certain legal and regulatory obligations which may involve the processing of your personal data. This may include processing to:

  • 1) perform checks and comply with laws relating to fraud;
  • 2) identify other infringements of our Terms of Use; and
  • 3) manage contentious regulatory matters, investigations and litigation.
• (d) You have provided your consent
  

  We will ask for your consent when we wish to provide marketing information to you in relation to our services which we believe may be of interest and of benefit to you, but only where you are a Browser.

  We will also ask for your consent when we collect sensitive data for you, where you are a Member or a Model, as described in this privacy policy.

  You have the right to revoke your consent at any time. However, any processing of personal data prior to the receipt of your revocation will not be affected.

It is our policy not to use or share personal data about you in ways unrelated to those described in this privacy policy without also providing you with an opportunity to opt out or otherwise object to such unrelated uses. However, we may disclose personal data about you, or information regarding your use of the services or the Website to third parties for any of the reasons set out hereinabove, or if we are legally required to do so, or if we are authorized under our contractual and statutory obligations. When we disclose your personal data to service providers, we will ensure that they are bound by a contract requiring them to comply with their GDPR obligations. Under the circumstances referred to above, recipients of personal data may be, for example:

• (a) members of our corporate group which operate partner websites, to the extent necessary for the purposes set out in this privacy policy and to enable you to have access to certain features;
• (b) to our authorized service providers that perform certain services on our behalf, such as SegPay, CentroBill. These services may include fulfilling orders, processing credit card payments, risk and fraud detection and mitigation, providing customer service, performing business and sales analysis, customization of content, analytics, security, supporting our Website functionality, and supporting contests, surveys and other features offered through our Website. These service providers may have access to personal data needed to perform their functions but are not permitted to share or use such information for any other purposes.
• (c) governmental and regulatory bodies, including law enforcement authorities, in connection with enquiries, proceedings or investigations by such parties or in order to enable the Company to comply with its legal and regulatory requirements. We specifically reserve the right to disclose any and all information to law enforcement in the event that a crime is committed or suspected or if we are compelled to do so by lawful criminal, civil or administrative process, discovery requests, subpoenas, court orders or writs, to enforce applicable terms of use, including investigation of potential violations thereof, to detect, prevent or otherwise address security or technical issues, protect against harm to the rights, property or safety of our company, our users, our employees, or others; or to maintain and protect the security and integrity of our Website or infrastructure. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
• (d) buyers or other legal successors in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Website Members, Browsers, Models and Studio Operators is among the assets transferred. Should such a sale or transfer occur, we will use reasonable efforts to ensure that the entity to which we transfer your personal data uses it in a manner that is consistent with this privacy policy; and/or
• (e) legal or other professional consultants.
• (f) trusted age verification providers, who process your data solely for real-time verification. This data is not accessible to us and is handled in accordance with the privacy policy of the specific age verification provider;
• (g) our affiliates to prevent you from undergoing multiple age verification checks. In this case, we only share an “age confirmation” without sharing any personal data whatsoever;

Whenever we transfer your data outside the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• a) We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
• b) Where we use service providers outside the EEA, we may use specific contracts approved by the European Commission which give personal data the same protection it has in the European Union.
• c) Where we use providers based in the US, we may transfer data to them if they are part of the EU-US Privacy Shield, which requires them to provide similar protection to personal data shared between the European Union and the US.

Subject to local law, you have certain rights regarding the personal data we collect, use or disclose and that is related to you. We want to make sure you are aware of your rights in relation to the personal data we process about you. We have described those rights and the circumstances in which they apply further below.

• Right to Access: This enables you to get access or receive a copy of the personal data that we hold about you and to check that we are lawfully processing it.
  
  
• Right to Data Rectification and Correction: If you believe that any of the information that we hold about you is inaccurate or incomplete, you have a right to request that we correct the inaccurate personal information.
  
  
• Right to be Forgotten / Erasure: You may request that we delete your personal information if you believe that:
  • a) we no longer need to process your information for the purposes for which it was provided;
  • b) we have requested your permission to process your personal information and you wish to withdraw your consent; or
  • c) we are not using your information in a lawful manner.
  
  
• Right to object: You have the right to object to processing of your personal data where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground. If you exercise your right to object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedom or for the establishment, exercise and defense of legal claims.
  

  You also have the right to object where we are processing your personal data for direct marketing purposes. This also includes profiling in as much as it is related to direct marketing.

  If you object to processing for direct marketing purposes, then we shall stop the processing of your personal data for such purposes.

  Depending on the circumstances, we may need to restrict or cease processing your personal data altogether or, where requested, delete your personal data. Please note that if you object us processing your personal data, we may have to suspend the services we provide to you.

• Right to Restriction of Processing: You have the right to request the restriction of processing of your personal data. This enables you to ask us to restrict the processing of your personal data if:
  • a) it is not accurate; or
  • b) it has been used unlawfully but you do not want us to delete it; or
  • c) it is not relevant any more, but you want us to keep it for use in possible legal claims; or
  • d) you have already asked us to stop using your personal data but you are waiting for us to confirm if we have legitimate grounds to use your personal data.
  
  

  Please note that if you request us to restrict processing of your personal data, we may have to suspend the services we provide to you.

• Right to data portability: Where we have requested your permission to process your personal data or you have provided us with information for the purposes of entering into a contract with us, you have the right to receive the personal data you provided to us in a portable format. You may also request us to provide it directly to a third party, if technically feasible. We are not responsible for any such third party’s use of your account information, which will be governed by their agreement with you and any privacy statement they provided to you.

If we ask for your consent to use your personal data, you can withdraw your consent at any time. Please note that in case of a withdrawal of your consent you may no longer be able to use several functionalities of our Website and our services.

Please note that some requests to delete certain personal data will require the deletion of your account as a Member and/or Model and/or Studio Operator as the provision of Member and/or Model and/or Studio Operator accounts is inextricably linked to the use of certain personal data (e.g. your email address). Also note that it is possible that we require additional information from you in order to verify your authorization to make the request and to honor your request.

To exercise any of your rights, or if you have any other questions about our use of your personal data, please contact us electronically by sending us an email at help@stripchat.com or by post at .

We endeavor to address all your requests promptly.

We remain dedicated to the protection of your data and we want to be clear about the type of information collected, helping you make choices about your privacy. You may:

• a) access/modify the information in your profile provided during registration.;
• b) choose whether your profile/uploaded content is visible to everyone, or to Members and/or Models or to friends only on xholecam.com/settings;
• c) if you are a Model, choose whether the photos, videos and albums you have uploaded are visible to everyone or to Members and/or Models or to friends only by changing the settings in your profile;
• d) control who you disclose the information to through social networks, comments and PMs on the Website; or
• e) block cookies, including cookies associated with our services, by activating or deactivating the related cookies on your browser. Please note, however, that if you choose to disable all cookies (including essential cookies) you may not be able to access all or part of our Website. Please see our Cookies Policy for more information.

We strive to provide you with choices regarding the personal information you provide to us.

• You can choose not to provide us with certain personal information, but that may result in you being unable to use certain features of our Website because such information may be required in order for you to register as a Member or Model; purchase products or services; participate in a contest, promotion, survey; ask a question; or initiate other transactions on our Website.
• You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Please see our Cookies Policy for more information.
• When you register on our Website, you may be given a choice as to whether you want to receive email messages, newsletters or both about product updates, improvements, special offers, or containing special distributions of content by us. If you no longer want to receive commercial or promotional emails or newsletters from us, you will need to avail yourself of the unsubscribe mechanism set out in the applicable communication. It may take up to seven days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party.
• You may opt out of interest-based advertising on mobile devices by activating the “Limit Ad Tracking” or equivalent feature offered by your mobile platform. It will transmit a signal to us and to third-parties that indicates your data should not be used for interest-based advertising.
• If you submit personal information, you may delete your account with us at any time. If you delete your account, your Personal Information and any and all other account related information including, but not limited to, user profile data, sharing data and any other data, or content specifically associated with your account will no longer be accessible by you. After deleting your account, if you choose to have an account with us in the future, you will have to sign up for a new account as none of the information you previously provided or saved within your account will have been saved.

As of January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) provides California residents (“Consumer(s)”) certain rights with respect to their personal information, as this term is defined under the CCPA. In addition to the rights we state under this policy and subject to the exceptions found under the CCPA, Consumers have the right to:

• Opt-out of the sale of their personal information, should we sell their personal information;
• Be informed of certain information concerning our collection and use of their personal information;
• Request that we delete certain personal information we collected from them;
• Appoint an agent to exercise their rights provided for by the CCPA, provided that a duly executed notarized power of attorney is presented and provided that the agent has information deemed sufficient to allow us to verify the identity of the Consumer in question and to locate his/her information in our systems;
• Not be subjected to discrimination for the exercise of these rights. We will not deny California residents the use of our service, neither will we provide a different level or quality or services for exercising any of their CCPA rights, unless as permitted under the CCPA.