Privacy Policy

Last Updated: April 16th, 2024

We respect your privacy and are committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our websites (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

1. Background and Contact Information

This privacy policy aims to give you information on how we collect and process your personal data through your use of the website, including any data you may provide through the website when you sign up or buy a product or service.

It is important that you read this privacy policy and any other policies we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Contact

You may contact us in relation to this privacy policy at [email protected] We would appreciate the opportunity to answer your questions and address your concerns.

Children's Privacy

Our website and services are intended only for those over the age of 18 or the legal age of majority in the applicable jurisdiction, if higher, and we do not knowingly collect any data relating to anyone under that age.

Third-party links

Our website may include links to third-party websites, plug-ins, and applications. 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. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2. The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified or that can be used in conjunction with other information to identify said person. It does not include data where the identity has been removed (pseudonymized data).

Depending on whether you are a Customer or Producer we may collect, use, store, share, disclose and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, last name, username or similar identifier, stage name (Producers only), government-issued photographic identification (Producers only - NOT stored on server), date of birth (Producers only - NOT stored on server), social security number (U.S. Producers only - NOT stored on server).

• Contact Data includes email address, billing name and address (customers only), mailing address (Producers only - NOT stored on server), telephone number (Producers only - NOT stored on server).

• Financial Data For customers, we store only very limited, if any, Financial Data. Otherwise, all Financial Data is stored by our payment processor, which is NetBilling, and you are encouraged to review their privacy policy and contact them directly for responses to your questions. For Producers all payout arrangement information is stored privately and NOT on the server.

• Transaction Data includes details about payments to and from you and other details of products and services you have bought from us or any Producer.

• Technical Data includes internet and network activity including Internet protocol (IP) address, cookie ID, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the website.

• Geolocation we collect IP Address information for general geolocation as described in the Technical Data.

• Content Data includes photos, videos, or other digital content submitted to us (such as fan art) or uploaded to our server/website (producers). Please remember that Content Data that you submit or upload may reveal personal data about yourself as well as of other people, and if it does, you are responsible for making sure that they have consented.

• Profile includes your email and password, birthday month only (if desired for birthday month reward), billing address (if desired for faster future checkout), purchases or orders made by you, your interests and preferences (based on previous orders), feedback, comments, survey responses. Some of the information you choose to provide us may be considered “special" or “sensitive" in certain jurisdictions. By choosing to provide special or sensitive information, you consent to our processing of that information.

• Usage Data includes information about how you use our website, products, services.

• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

• Commercial Information includes information pertaining to purchases and marketing.

• Audio, Visual or Sensory Data collected from the content that you upload (Producers only), as well as certain fan art contributions (such as collages that include yourself, music with your voice)

• Inferences include information derived from other data about an individual, and we may use inferences about you to help develop and target our content and improve our services.

• Special Categories/Demographics/Protected Classifications/Sensitive Information ("Special Categories") including information about the categories and specific content that you view, which could include information about your sex life and sexual orientation, as well as certain sensitive Identity Data, as provided above.

We also collect, use, and share Aggregated and De-Identified Data such as statistical or demographic data for any purpose. Aggregated and De-Identified Data could be derived from your personal data but is not considered personal data by law as this data will not directly or indirectly reveal your identity or be specifically associated with you. For example, we may aggregate your Usage Data to calculate the number or percentage of users accessing a specific website feature generally or at specific times. However, if we combine or connect Aggregated and De-Identified Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

If you are a customer, we do not directly collect any Special Categories of Personal Data about you (this include details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data); however, your choices of content may reveal or constitute Special Categories of personal data, and by viewing the content, you are consenting to the processing of that information as provided in this Privacy Policy. We do collect Special Categories of Personal Data about you if you are a Producer, specifically details about your race or ethnicity, and sexual orientation and regarding your identity as provided in Identity Data above. We do not collect any information about criminal convictions and offenses.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you, including through:

• Direct interactions. You may give us your Identity, Contact, Financial or, when applicable, other Special Categories of Personal Data by filling in forms or by corresponding with us by phone, email, or otherwise. This includes personal data you provide when you:

• buy our products or services;

• create an account on our website;

• subscribe to our service;

• request marketing to be sent to you;

• enter a competition, promotion, or survey; or

• give us feedback or contact us.

• User Contributions. You also may provide Content Data for us to publish or display (“post") on public website areas or transmit to other website users or third parties. You submit Content Data for posting and transmission to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Therefore, we cannot and do not guarantee that unauthorized persons will not view your Content Data.

• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical and Usage Data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. We may also receive Technical and Usage Data about you if you visit other websites employing our cookies.

• Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below, who may be based outside the EEA:

o Technical Data from the following parties:

▪analytics providers such as Google;

▪third-party payment processors.

▪advertising networks and service providers; and

▪search information providers such as Google.

o Contact, Financial, and Transaction Data from providers of technical, payment, and delivery services based outside the EU. We will not store or collect your payment card details on our systems. That information is provided directly to our third-party payment processors whose use of your personal data is governed by their privacy policies.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.

• Where you have given consent for us to use your Special Category data to provide certain services. Depending on the jurisdiction in which you reside or are located, you may withdraw your consent for some uses of the Special Category data by contacting us.

• 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.

• Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although, where appropriate, we will get your consent before directly collecting Sensitive Category data. Depending on the jurisdiction in which you are located or reside, you may have the right to withdraw consent to processing your sensitive personal data or to marketing at any time by contacting us, but that may limit our ability to perform our agreement with you or to provide certain services (e.g. remembering your content preferences, choices, or allowing your access to re-download any previously purchased content that is still available).

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal grounds we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing

You will receive marketing communications from us if you have directly requested information from us, such as by: opening a support ticket or emailing us about our products, services, recommendations, etc.

We do NOT participate in unsolicited marketing communications

Your mailing address is only used for card verification at checkout

We will never send anything to your mailing address after purchasing a digital download.

Physical Item Purchases

If you purchase a physical item from us we require you to verify your mailing address by support ticket or email to us before shipping the item to you. Packages are from “K.B." in discreet/plain packaging. Additionally, we only mail within the US where content descriptions are not required or used by us. We reserve the right to cancel and refund an order if the item is out of stock or if we think the transaction is questionable.

Emails

Users will receive an email receipt to their email provided upon each purchase, as also set forth in our Terms of Service.

Users will receive an email in response to each of their support inquiries, and any other email related inquiries that we respond to as well. (We do not respond to all emails, such as general fanmail, as also stated in our FAQ)

Please check our site if you wish to see our updates and new content releases, as we do NOT email out a newsletter.

Promotional Offers

Promotional offers are subject to change at any time and may end sooner than the time listed with no exceptions. Promotional offers and their details are listed at the site during the event.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the website may become inaccessible or not function properly.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes stated in the table “Purposes for which we will use your personal data" above:

• Vendors, Consultants, and Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents acting as processors based in the United States of America who perform services for us or on our behalf and require access to that information to do that work. Examples include payment processing, data analysis, email delivery, hosting services, customer service, marketing efforts, age and identity verification, and IT and system administration services. We may allow selected third parties to use tracking technology on the website, which will enable them to collect data about how you interact with the website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. For example, we use Google Analytics to help us understand how our customers use the website (you can read more about how Google uses your personal data here: https://policies.google.com/). You can also opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

• For Compliance with Laws. We may disclose your information where we are legally required to do so to comply with applicable law, government requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

• In Connection with Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

• Parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We do not authorize our service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We do NOT sell, trade, or exchange personal data with third parties.

6. California Rights and Choices

The California Consumer Privacy Act (“CCPA") provides you certain rights in relation to your Personal Information if you’re a California resident:

• Right to Know: You have the right to request that we disclose certain information about our collection of your Personal Information over the past 12 months, including the specific pieces of information we collected.

TIP: Log in to your account to access, review, and change your customer information.

• Right to Request Deletion: You have the right to request that we delete any of your Personal Information we collected from you and retained, subject to certain exceptions set forth in the CCPA.

TIP: You may do so yourself by logging in and permanently deleting your account with us at any time (If your account is not in good standing then you must contact us). IMPORTANT NOTE: Deleting your account is irreversible and you will lose access to downloading any previously purchased content. You may still need to contact us if you have posted any comments at the site that you wish for us to delete.

• Right to Non-Discrimination for the Exercise of Your Rights: We will not discriminate against you, nor will we retaliate against you because you have exercised any of your rights under the CCPA.

To exercise the rights described above, please open a support ticket with “CCPA Request" as the title and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.  

Time to Respond and Reasons for Not Complying
We try to respond to all legitimate and verified requests within one month or forty-five (45) days, depending on the requirements of your jurisdiction. Occasionally it could take us longer than that period if your request is particularly complex or you have made a number of requests. In that case, we will notify you of the delay and anticipated response time.

The response we provide will also explain the reasons we cannot comply with a request, if applicable.

No fee is usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive; alternatively, we could refuse to comply with your request in these circumstances.

Do Not Track and Opt-Out Preference Signal, Global Privacy Control and Do Not Track

Some browsers and extensions support an opt-out control called the Global Privacy Control (“GPC") that can send a signal that indicates that you opt-out from certain types of data processing, including sales and sharing (as defined under California Law). In certain jurisdictions, when we detect a GPC signal, we will make reasonable efforts to recognize GPC opt-out settings, as required by applicable law.

There are also other opt-out signals and "Do Not Track" (DNT) settings that can send a signal to the websites you visit indicating you do not wish to be tracked. Unlike the GPC described above, there are multiple different other signals and settings, and there is no standard process to interpret those signals, and, therefore, our services generally do not respond or recognize those other signals. For more information, visit www.allaboutdnt.com.

7. International transfers

We are based in the United States of America, and process the personal data in the United States of America. By using the website you acknowledge and agree that may process, store, and transfer the personal data we collect in and to a country outside your own, with different privacy laws that may or may not be as similar to or as comprehensive as your own. Where we do so, and where we are required to under applicable law, we will put in place appropriate mechanisms designed to ensure that your personal data receives an adequate level of protection where it is processed.

If you are located in the European Economic Area (EEA) or the United Kingdom (UK), your personal data will be processed outside of the EEA or UK, including in the United States, so processing of your personal data will involve a transfer of data outside the EEA or UK. Nevertheless, whenever we transfer your personal data out of the EEA or UK, we will use reasonable efforts to ensure that adequate protection is afforded to it by ensuring that the recipient third party agrees to contractual clauses or other appropriate safeguards.

Residents of Canada are notified that the personal data they provide to us is stored in its databases outside of Canada, including in the United States, and may be subject to disclosure to authorized law enforcement or government agencies in response to lawful demand under the laws of that country.

8. Data security

We have put in place reasonable security measures intended to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, other than information that you include with your profile (customer) or content (producer), we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

9. Data retention

How long will you use my personal data?

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you or where the applicable personal data could be relevant or required.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

10. Accessing, Reviewing, Correcting, or Deleting Your Personal Data

Store Account

You can access, review, change, or delete your store profile data by logging into the website and visiting your account profile page. If you choose to delete your store account then please note that it is irreversible and you do so at your own risk. We are not able to restore a deleted account, so you will permanently lose access to downloading any previous purchases made with that account. If you wish to download a previous purchase again you will have to create a new account and purchase it again.

By law we have to keep basic information about certain customers (including Contact, Identity, Financial, and Transaction Data) for seven years after they stop being customers for tax purposes or other potentially-longer periods to comply with applicable law, including 18 U.S.C. § 2257. Deleting your account won’t affect the data that we are legally required to keep.

Blog Comments

If you wish for your blog comments to be deleted then please email us from the email address associated with the comment we will happily delete your comments. [email protected] 

Fan Art

If you wish to delete your fan art from the website then please email your request to [email protected]. We will need to verify that you were the original artist of the fan art. Note that copies of your fan art may remain viewable in cached and archived pages or might have been copied or stored by other website users.

Producer Content

If you wish to deactivate and/or delete your products from the website then please get in touch through a previously used method of communication between us. Note that products and/or ads to your products may remain viewable in cached and archived pages or might have been copied or stored by other website users.

11. Glossary

Lawful Basis

• Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed, and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

• Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

• Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

• Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

12. Changes to this Privacy Policy

We regularly review and may occasionally update this Privacy Policy to reflect change in applicable law and/or changes in our practices with respect to the collection, use, disclosure and other processing of your personal data.

The “Last Updated" date at the top of this Privacy Policy indicates when it was last revised. When we make changes, we will revise the "Last Updated" date and in the case of material changes, we may provide you with additional notice (such as a notice posted on the website or a message delivered to the email address that we have on file for you).

We encourage you to review this Privacy Policy regularly to remain informed about how we handle your personal data.