PRIVACY POLICY

1. xTakeme is a scenario based website which enables creators to upload and monetize their own content and Allows Users to subscribe to, and view, the content of Creators. xTakeme is committed to protecting the personal data we process.

2. This privacy policy explains our practices with respect to the personal data we process about our Creators and Users. Some parts of the Policy are specifically aimed at Creators, and some parts are specifically aimed at Users.

3. We process your personal data when you use our website located at www.xTakeme.com and for the provision of the services that we offer from time to time via our Website.  

4. We are a “data controller” of the personal data that we process in connection with the Services. This means that we decide the reasons why we process personal data about you and how we do so.

5. Personal data means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household.  In addition, we may collect deidentified, aggregated or anonymized information, which is not personal data and our use of such data is not subject to this Policy.

6. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes at any point during your relationship with us. Updates or corrections can be made through your account settings on our Website.

7. This Policy is provided in addition to, but does not form part of, our Terms of Service (which includes our Acceptable Use Policy) that govern your use of our Website and the Services.

8. The site may include links to third-party websites, plug-ins and applications which may allow third parties to collect or share personal data about you.  This Policy does not apply to, the content, security or privacy practices of those other websites, plug-ins or applications and we are not responsible for their conduct. We encourage you to view the privacy and cookie policies/notices of those third parties to find out how your personal data may be used.

9. We need to collect certain personal data from you to provide you with access to the services or specific features and functionalities of the services. We are also required to process certain personal data in accordance with applicable laws.

10. We may update this Policy from time to time, and any updates will be effective upon our posting of the revised Policy on our Website. We will use reasonable efforts to notify you in the event that material updates are made to this Policy, such as sending you a feed notification or a chat message via your account on our Website.

11. We process, or our third-party providers process on our behalf, different kinds of personal data about Creators and Users, which we have grouped together as follows:

Category of personal data Description

  • Full name*
  • Alias, if applicable
  • date of birth
  • residential address
  • country of residence*
  • email address
  • telephone number
  • a copy of the government identity document that you provide to us*
  • a selfie of you holding your government identity document*
  • third-party social media handles / personal website address (used to further verify your age and identity and to help us better understand the content which you are likely to share on our Website)
  • signature on release forms if you feature in another Creator’s content*
  • a copy of the government identity document that you provide to our third-party providers
  • a short .gif, taken from a “selfie” that you provide to our third-party providers
  • the results of the third-party age and identity verification process (pass / fail and reason for failing)
  • metadata associated with the third-party age and identity verification process (e.g. start and finish time)
  • earnings
  • pay-out requests
  • payments made to your Creator account
  • any failed payments
  • banking information
  • telephone number
  • for locations where we conduct third-party age and identity verification of Users, a copy of the government identity document that you provide to our third-party providers
  • for locations where we carry out third-party age estimation, or third-party age and identity verification of Users, a short .gif, taken from a selfie that you provide to our third-party providers
  • the results of the third-party age estimation process or third-party age and identity verification process (pass / fail and reason for failing)
  • metadata associated with the third-party age estimation process or third-party age and identity verification process (e.g. user start and finish time)
  • for locations where we conduct third-party age and identity verification of Usesrs, a copy of the government identity document that you provide to our third-party providers
  • for locations where we carry out third-party age estimation, or third-party age and identity verification of Users, a short .gif, taken from a selfie that you provide to our third-party providers
  • the results of the third-party age estimation process or third-party age and identity verification process (pass / fail and reason for failing)
  • metadata associated with the third-party age estimation process or third-party age and identity verification process (e.g. user start and finish time)
  • profile name
  • password
  • Internet or other electronic network activity information, including:
  • internet protocol (IP) address (and associated location data)
  • Internet Service Provider (ISP)
  • device and type
  • name and version of browser
  • avatars and headers of your Creator account
  • your subscriptions and subscribers
  • support inquiries that you submit to us
  • payment card details*
  • billing address
  • bank account information
  • pay-out country
  • corporate or business entity if registered for tax purposes
  • social security number (for US Creators only) or other relevant tax information
  • W-9 form (for US Creators only)
  • 1099-MISC form (for US Creators only)
  • 1099-NEC form (for US Creators only)
  • Internet or other electronic network activity information, including:
  • internet protocol (IP) address (and associated location data)
  • Internet Service Provider (ISP)
  • device and type
  • name and version of browser

12. Our onboarding processes

CREATORS

We have processes in place to confirm that all Creators:

(i) are at least 18 years of age; and (ii) verify their identity. Before you can start a Creator

account, we will:

  1. Ask you to provide Creator User Data, as set out at Section 9 (categories of personal data).
  2. Check your country of residence. This check is intended to ensure lawful access to the Website and the Services.
  3. Ask you to provide Financial Data, as set out at Section 9 (categories of personal data). This is necessary so that payments can be made to Creators for content, and so that Creators can access their earnings.
  4. Financial Data is also collected as a verification and anti-fraud measure.
  5. Require an age and identity verification process (which may be performed by a third party) to access Services. 
  6. Where permitted by applicable law, we receive from our third-party providers Third-Party Onboarding Data, and certain Technical Data to maintain a record of the age and identity verification process.
  7. Check that you have not previously been banned from using the Website and our Services (e.g. as a result of violating our Terms of Service ).

Users

We have processes in place that are intended to ensure that: (i) all Users on the Website are at least 18 years of age; and (ii) Users in certain locations verify their identity. Before you can start a User account, we will:

  1. Ask you to provide User Data, as set out at Section 9 (categories of personal data). Check your country of residence. This check is intended to ensure lawful access to the Website and the Services. 
  2. Ask you to provide Financial Data, as set out at Section 9 (categories of personal data). This is necessary so that Users can make payments to Creators and xTakeMe. Financial Data is also collected as a verification and anti-fraud measure.
  3. Ask you to go through a third-party process to gain assurances of your age. The specific process will depend upon your location and the third-party provider. This may include: Third-party age and identity verification: For certain locations, we are required to verify the age and identity of our Users, so we need to take additional steps. 
  4. Where permitted by applicable law, we may receive from our third-party providers Third-Party Onboarding Data, and certain Technical Data to maintain a record of the age and identity verification process.

13. We process personal data for, or based on, one or more of the following legal bases:

        A. Performance of a contract: By using the Services, you have contracted with us through our Terms of Service, and we will process personal data to perform that contract (e.g. to fulfil transactions between Users and Creators and process Creator earnings) and to enforce the terms of that contract.

        B. Legitimate interests: We may process personal data if it is in our, or a third-party’s, legitimate interests (as detailed in the table below). This includes, for example, investigating and responding to a report made through our DMCA takedown procedure to protect a Creator’s intellectual property rights.

        C. Compliance with legal obligations: As a global business, we may process personal data to comply with applicable law, rules and regulations in the locations where we operate.

        D. Task carried out in the public interest: We may process personal data as necessary for a task carried out in the public interest. This may include, for example, reporting illegal activity to relevant law enforcement authorities, other governmental agencies and non- governmental organizations.

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.

14.  We collect your personal data from the following categories of sources:

  • Directly from you: When you provide it to us directly to open an account and use the Services, when you update your personal data in your account, or by communicating with us.
  • Automatically or indirectly from you: For example, through and as a result of your use of the Services.
  • From our service providers: For example, where permitted by applicable law, we receive Third-Party Onboarding Data and certain Technical Data from our third-party age and identity verification providers.

15. We share personal data with the following categories of third parties: 

    A. Our third-party service providers: such as our payment processing and age and identity verification service providers. The lawful basis we rely on for sharing personal data with these recipients is that it is necessary for our legitimate interests (namely the receipt of services to support business functionality).

    B. Our professional advisers: Such as our legal advisors, bankers, auditors, accountants, consultants, and insurers. Our professional advisors will process personal data as necessary to provide their services to us. The lawful basis we rely on for sharing personal data with these recipients is that it is necessary for our legitimate interests (namely the receipt of professional services).

    C. Corporate: Relevant third parties in the event of a possible sale, merger, acquisition, business reorganization or group restructuring exercise. The lawful basis we rely on for sharing personal data with these recipients is that it is necessary for our and the relevant third-parties’ legitimate interests (namely assessing and putting into effect potential transactions).

    D. Relevant authorities, regulators and organizations: In response to requests from governmental authorities (including law enforcement and tax authorities), regulators, and certain non-governmental organizations. The lawful basis we rely on for sharing personal data with these recipients is that the processing is either necessary to comply with a legal obligation to which we are subject, or necessary for our, or a third-party’s legitimate interests, or where it is in the interests of the wider public to do so (namely reporting illegal content to, and assisting with requests from, such authorities, regulators and organizations, to protect the safety of our users and third parties).

16. International data transfers

We share your personal data within our group companies and to our third parties.  In some circumstances, this will involve transferring your data outside your home country. We make those transfers: (i) to countries that have been deemed to provide an adequate level of protection for personal data; (ii) using appropriate safeguards; or (iii) where otherwise authorized by applicable law. 

17. Your rights regarding personal data

You have certain rights regarding the collection and processing of personal data. You may exercise these rights by contacting us using the contact details.  Under certain circumstances and subject to certain exemptions, you have the right to:

  • Withdraw your consent to the processing of your personal data: Please note that withdrawing your consent will not affect the lawfulness of any processing carried out before you withdraw your consent.
  • Request to know or access to your personal data: You may receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you: You may correct any incomplete or inaccurate personal data we hold about you.
  • Request deletion / erasure of your personal data: You may ask us to delete or remove personal data where there is no legitimate reason for us continuing to process it. You also may ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
  • Please note that we may not always be able to comply with your request of deletion/erasure for specific legal reasons.
  • Request the restriction of processing of your personal data: You may ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of some sections of your personal data to another party.

You also have the right to object to processing of your personal data where we are relying on a legitimate interest for the processing and there is something about your particular situation which makes you want to object to processing on this ground.

We do not process personal data that is subject to solely automated decision-making, where that decision-making is likely to have a legal or similarly significant effect on you.

You also have the right to lodge a complaint with a data protection regulator. For example, in the UK, this is the Information Commissioner’s Office (ICO).  

18. Choices and control over your personal data

Modifying and deleting your personal data: If you have an account with us, you may update your account settings on our Website. Please note that changes to your settings may require some time to take effect.

Email notification opt-out: We currently do not send emails for direct marketing purposes. However, we do send email notifications which are related to your account (e.g. for Creators, where you have a new subscriber, you have received a new tip, or somebody has renewed their subscription with you). You may opt-out of receiving certain types of email communications from us by changing your notification preferences on our Website. You may also email us using the contact details. Please include E-mail notification “opt-out” in the email’s subject line and include your name and your account email address in the body of the email.

Please note that you cannot opt-out of certain automated email notifications that are necessary to provide the Services or are otherwise required in accordance with applicable law (e.g. account verification, transactional communications, changes/updates to features of the service, technical and security notices).

19. Retention of personal data

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes for which it was collected, as set out in this Policy or as required by law.

The personal data that we retain and the length of time for which it is retained will be determined on a case-by-case basis, depending on the particular circumstances.

20. If you have questions about this Policy, or how we process your personal data, please submit a ticket through your account or email us at privacy@xtakeme.com. 

21. Additional U.S. state privacy disclosures

Residents of the States of California, Colorado, Connecticut, Nevada, Utah, and Virginia: These additional U.S. State Privacy Disclosures (“Disclosures”) supplement the information contained in the Policy by providing additional information about our personal data processing practices relating to individual residents of these states. Unless otherwise expressly stated, all terms defined in this Policy retain the same meaning in these U.S. Disclosures.

For the purposes of these U.S. Disclosures, personal data does not include publicly available information or deidentified, aggregated or anonymized information that is maintained in a form that is not capable of being associated with or linked to you.

No sales for targeted advertising

We do not sell or share personal data for the purpose of displaying advertisements that are selected based on personal data obtained or inferred over time from an individual’s activities across businesses or distinctly-branded websites, applications, or other services (otherwise known as “Targeted Advertising”).

Sensitive information

Although sensitive information may be disclosed for a business purpose as described below, we do not sell or share sensitive information for the purpose of targeted advertising.

The following personal data elements we, or our service providers, collect may be classified as “sensitive” under certain privacy laws (“sensitive information”) including:

  • username and password
  • social security number, driver’s license number, and passport number
  • government identifiers (such as driver’s license numbers)
  • partial payment card number and the name registered with your payment
  • card

Deidentified information

We may at times receive, or process personal data, to create deidentified information that can no longer reasonably be used to infer information about, or otherwise be linked to, a particular individual or household. Where we maintain deidentified information, we will maintain and use the information in deidentified form and not attempt to reidentify the information except as required or permitted by applicable law.

Minors

Our Services are strictly intended for individuals 18 years of age or older. Anyone under 18 years of age is not permitted to use the Services. By using the Services, you represent that you are 18 years of age or older.

CALIFORNIA SPECIFIC DISCLOSURES

The following disclosures only apply to residents of the State of California:

Personal data collection

California law requires that we provide disclosures to you about what personal data we collect by reference to the categories of personal data set forth within California law. To address this obligation, we have identified the relevant California personal data category for the personal data set out in more detail at Section 9 (categories of personal data): Identifiers: Such as your name, address, phone number, email address, passport or other government identity information including driver’s license information, account information, or other similar identifiers.

Customer Records: Such as your driver’s license number, passport number, partial debit card information, partial credit card information, bank account information or other payment or financial information.

Protected Classification Characteristics: Such as age, date of birth, and gender.

Commercial Information: Such as information about products or services purchased and your use of our Services.

Internet/Network Information: Such as device information, log, and analytics data.

Sensory Information: Such as pictures and videos (content) you upload to the Website.

Professional / Employment Information: Such as the business or organization you are associated with and, where applicable, your title with that business or organization and information relating to your role with the business or organization.

Other Personal Data: Such as communication preferences, customer service and communication history, personal data an individual permits us to see when interacting with us through social media, personal data an individual provides us in relation to a question or request, and messages you send us through our Services or make available to us on social media. 

We may disclose all of these categories of personal data for a business purpose to service providers or other third parties, as outlined in this Policy.

Disclosure of personal data

We may disclose the categories of personal data identified above to the following categories of third parties for various business purposes: our group and affiliated companies, service providers, our professional advisers, business partners, other businesses as needed to provide our Services, and certain third parties where you have provided consent, where it is in connection with a corporate transaction, or where we are required by law or in connection with other legal process. 

Sources of personal data

We collect personal data directly from you, from your browser or device when you interact with our Services, and from our business partners and affiliates, third parties you direct to share information with us, and other third-party providers. 

Purpose for collection

We collect personal data about you for the purposes set out above.

Notice of financial incentives

As discussed above, we currently do not use any cross-site tracking technologies and we do not sell personal data collected about you, or share personal data collected about you for cross-context behavioral advertising. We do not currently send emails for direct marketing purposes.

You may exercise your rights in relation to your personal data as outlined in this Policy, and as applicable, by submitting a ticket through your account or by emailing privacy@xTakeme.com.