Privacy Policy
Please read this Privacy Policy
carefully before using our Platform or Services.
You should also read our
Platform
Terms of Use
,
User
Terms & Conditions
,
Platform
Acceptable Use Policy
, and
Cookie
Policy
(which we may subsequently refer to in
the policy that follows).
1 OUR PRIVACY POLICY
1.1 We are committed to protecting
and respecting your privacy and personal data and will only collect
and use personal data in ways that are described here and ways that
are consistent with our obligations and your rights under applicable
law relating to the protection of personal data.
1.2 This Privacy Policy aims to give
you information about how we collect and process your personal data
when you visit our websites (including subdomains of our websites)
through which we make our Services available (together, the
“Platform”). This Privacy Policy would apply
regardless of where you visit our Platform from and would apply to
any data that you may provide through our Platform, when you register
to use our Services, or when you otherwise interact with us.
1.3 Our Platform and Services are not
directed at any person under the age of 18 years old. If you are
under the age of 18, you must not use our Platform. Further, if the
age of majority (the age at which you are legally considered an
adult) in any jurisdiction applicable to you is above the age of 18,
then it is your responsibility to ensure you have reached any such
applicable age of majority before using our Platform and Services.
Our Platform is not intended for children, and we do not knowingly
collect data relating to children.
1.4 Please read this Privacy Policy
carefully and ensure that you understand it. By using our Platform
and/or Services, you agree to be bound by this Privacy Policy and
consent to the collection, use, processing, and disclosure of your
personal data as described in this Privacy Policy.
1.5 It is important you read this
Privacy Policy together with any other Privacy Policy we may provide
from time to time 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.
1.6 References to “you”
or “your” are to you as an individual using our
Platform or otherwise contacting us (whether on behalf of yourself,
or another individual or organisation).
2 WHO WE ARE AND HOW TO CONTACT US
2.1 This website is opperated by
Clitflicks we can be contacted at
admin@clitflickspinups.com.or
clitflickstv@gmail.com We can also contacted on Twitter “X” @clubhouse121
More info to follow
2.2 We are bound by applicable data
protection laws in respect of the handling and collection of your
personal data. We are applying for our data handling registration.
2.3 If you have any questions about
this Privacy Policy, including any requests to exercise your legal
rights, please contact us at admin@clitflickspinups.com
3 WHAT PERSONAL DATA WE COLLECT
ABOUT YOU
3.1 Personal data or personal
information means any information about you that enables you to be
identified personally.
3.2 Personal data covers obvious
information such as your name and contact details, but it also covers
less obvious information such as identification numbers, electronic
location data and other online identifiers that can be linked with
such information in order to identify you. It does not include data
where the identity has been removed (anonymous data).
3.3 Depending on the use you make of
our Platform, we may collect, use, store and transfer different kinds
of personal data about you which we have grouped together as follows:
(a) Identity Data
includes your name, username or similar identifier, gender, date of
birth, and photographic and/or facial identification data.
(b) Contact Data
includes residential address, billing address, email address, and
telephone numbers.
(c) Financial Data
includes bank account and payment card details. Not stored by us.
(d) Transaction Data
includes details about payments to and from you and other details of
content, subscriptions, products, or services you have purchased
through your use of our Platform and/or Services.
(e) Technical Data
includes internet protocol (IP) address, 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 our Platform.
(f) Profile Data
includes data about your interests, preferences, feedback, and survey
responses.
(g) Usage Data
includes information about how you use our Platform and/or Services.
(h) Marketing and
Communications Data includes your preferences in receiving
marketing from us and your communication preferences.
3.4 Special Category Data:
(a) Special Category Data includes
information about your race or ethnicity, health, hobbies, religious
or political beliefs, sex life, sexual orientation, political
opinions, trade union membership, and genetic and biometric data.
(b) Given the nature of the content
that may be shared by users on our Platform, we require our users to
be at least 18 years old before they are allowed to register for our
Platform. This is with a view of protecting the interests of
children, as well as to comply with our applicable regulatory
requirements.
(c) We use
Ondato if needed for the purposes of identity checking, age verification and
other similar services pursuant to our user registration process. You
may be asked to provide biometric information about yourself during
the verification process, and any documents supplied by you to
evidence your identity and age (such as passports, as applicable) may
also contain Special Category Data about yourself. We may then
receive such information from Ondato.
(d) In respect of our identity
checking and age verification processes, we will only process your
Special Category Data where you have given us explicit consent.
Before submitting your registration to be a user on our Platform, you
will be given the opportunity to consent to processing of Special
Category Data during the identity checking and age verification
process. Please note that we would not be able to accept you as a
user unless and until you have passed our identity and age
verification checks. Therefore, if you do not consent to such
processing, you should not proceed with our registration process (see
also clause 4.2).
(e) Other than the above, we do not
ask you for any other Special Category Data about yourself, nor do we
ask you for any information about your criminal convictions and
offences. However, if you choose to provide us with such types of
personal data when you interact with us (for example, in any
communications with us or when you upload Contributions onto our
Platform which may contain Special Category Data about yourself), you
are giving us your explicit consent to process such data about you to
the extent permitted by the UK/EU data protection regime (as
applicable).
(f) You should not provide us with
any Special Category Data about any other persons other than
yourselves. If you do, you must obtain each of their explicit written
consent for us to process their Special Category Data to the extent
permitted by the UK/EU data protection regime (as applicable). Their
explicit written consent which you obtain must be supplied to us on
our request. If a person does not give explicit written consent to
our processing their Special Categories of Personal Data, then their
Special Categories of Personal Data must not be supplied to us.
3.5 We may also collect, use, and
share Aggregated Data such as statistical or
demographic data for any purpose. Aggregated Data could be derived
from your personal data but is not considered personal data in law
and will not directly or indirectly reveal your identity. For
example, we may aggregate your usage information to calculate the
percentage of users accessing a specific feature of our Platform.
However, if we combine Aggregated 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.
4 IF YOU FAIL TO PROVIDE PERSONAL
DATA
4.1 Where we need to collect personal
data by law, or under the terms of a contract we have with you, or
pursuant to a service that we have been asked to supply to you, and
you fail to provide that data when requested, we may not be able to
perform the applicable contract or deliver the applicable
product/service. In this case, we may have to cancel any arrangement
you have with us, but we will notify you if this is the case.
4.2 For example, as part of our
registration process, you may be asked to provide certain information
and/or supporting documents for the purposes of our identity and age
verification checks through
Ondato.
If you do not provide us with such information (which may include
personal data), we would not be able to accept your registration to
use our Platform and/or Services.
Or may result in account closure.
5 HOW WE COLLECT YOUR PERSONAL DATA
5.1 We use different methods to
collect data from and about you, including through:
(a) Direct interactions.
You may give us your personal data by entering information on our
Platform, submitting your registration to be a user on our Platform,
filling in forms or questionnaires, subscribing to our
communications, by corresponding with us by phone or email, or by
otherwise directly interacting with us.
(b) Automated technologies or
interactions. As you interact with our Platform, we may
automatically collect Technical Data about your equipment, browsing
actions, and patterns. We collect this personal data by using
cookies, server logs, and other similar technologies. Please see our
Cookie
Policy for further details.
(c) Third parties.
We may receive personal data about you from various third parties,
such as the partners we work with from time to time in relation to
the running and operating of our Platform and the provision of our
Services. For example:
(ii) We may receive personal data
about you from
Ondato which you have provided during the identity checking and age
verification processes pursuant to your registration to be a user on
the Platform.
(d) Publicly available
sources. We may receive personal data about you from public
sources including but not limited to analytics providers, search
information providers, publicly available social media accounts,
Companies House, and the Electoral Register based in the UK.
6 PURPOSES FOR PROCESSING PERSONAL
DATA
6.1 We will only use and process your
personal data when the law allows us to. Most commonly, we will use
your personal data in the following circumstances:
(a) Where we need to provide
product/services or information to you or to perform the contract we
are about to enter or have entered with you.
(b) Where we have a legal or
regulatory obligation we must comply with.
(c) 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.
(d) Where you have provided your
consent.
6.2 We have set out below a
description of the ways in which 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 base
depending on the specific purpose for which we are using your
personal data.
Types of personal data
What we use your personal data for
Our reasons (legal bases)
Ø Identity Data
Ø Contact Data
Ø Profile Data
Ø Special Category Data
Registering you as a user (i.e., Fun Seeker or Content Creator)
on our Platform, including any age and identity verification
checks as part of our registration process.
Ø Performance of a contract with you
Ø Necessary for our (and your) legitimate interests (for
example, to provide the Services to you)
Ø Necessary to comply with a legal or regulatory
obligation
Ø Your explicit consent
Ø Identity Data
Ø Contact Data
Ø Profile Data
Ø Marketing and Communications Data
Providing and managing your access to our Platform and Services,
including managing our relationship with you (such as notifying
you about changes to our terms or privacy policy, or asking you
to leave a review or take a survey)
Ø Performance of a contract with you
Ø Necessary for our legitimate interests (for example, to
keep our records updated and to study how our Platform is used)
Ø Necessary to comply with a legal or regulatory
obligation
Ø Identity Data
Ø Contact Data
Ø Profile Data
Ø Marketing and Communications Data
Ø Technical Data
Ø Usage Data
Personalising and tailoring your experience on our Platform and
measuring or understanding the effectiveness of any advertising
we serve to you
Ø Necessary for our legitimate interests (for example, to
provide users with a good experience and to inform our marketing
strategy)
Ø Identity Data
Ø Contact Data
Ø Technical Data
Administering and protecting our Platform and business (including
troubleshooting, data analysis, testing, system maintenance etc.)
Ø Necessary for our legitimate interests (for example, for
running of our business, provision of administration and IT
services and network security)
Ø Necessary to comply with a legal or regulatory
obligation
Ø Identity Data
Ø Contact Data
Ø Profile Data
Ø Usage Data
Being as responsive as possible to you, for example, when
answering your queries or complaints
Ø Necessary for our legitimate interests (for example, to
provide you with a good service) and for your legitimate
interests (for example, to receive assistance promptly)
Ø Necessary to comply with a legal or regulatory
obligation
Ø Identity Data
Ø Contact Data
Ø Marketing and Communications Data
Supplying you with information by email, post or other means that
you have requested to receive or otherwise have opted-in to
receive
Ø Necessary for our legitimate interests (for example, to
provide a good service, grow our business, and develop our
products/services, and for your legitimate interests (for
example, to obtain information you have asked for)
Ø Technical Data
Ø Usage Data
Using data analytics to improve our Platform, marketing,
products/services, and user relationships and experiences
Ø Necessary for our legitimate interests (for example, to
keep our Platform relevant, to develop our business and to inform
our marketing strategy)
Ø Your consent
Ø Identity Data
Ø Contact Data
Ø Financial Data
Ø Transaction Data
Ø Marketing and Communications Data
Processing any purchases that you make via the Platform and/or
Services, including managing payments, fees, and charges, and
collecting and recovering any sums owed to us.
Ø Performance of a contract with you
Ø Necessary for our legitimate interests (for example, to
recover a debt due to us)
Ø Identity Data
Ø Contact Data
Ø Financial Data
Ø Transaction Data
Ø Usage Data
To evidence our claims or charges where there is a dispute
Ø Performance of a contract with you
Ø Necessary for our (and your) legitimate interests (for
example, to resolve any disputes as swiftly as possible)
6.3 We will only use and process 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.
6.4 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.
7 MARKETING
7.1 We may send you marketing
communications by email, text message, telephone, or otherwise via
the Platform. We strive to provide you with choices regarding certain
personal data uses, particularly around marketing and advertising.
7.2 We may use your Identity,
Contact, Technical, Usage and Profile Data to form a view on what we
think you may want or need, or what may be of interest to you. This
is how we decide which of our business offerings may be relevant to
you.
7.3 We will get in your express
opt-in consent before we share personal data with any third party for
marketing purposes.
7.4 Opting out of marketing:
(a) You can ask us or third parties
to stop sending you marketing messages at any time.
(b) Where you opt out of receiving
these marketing messages, this will not apply to personal data
provided to us as a result of a product/service purchase,
product/service experience or other transactions.
(c) If you choose to object to the
communications, unsubscribe or withdraw your consent, this will not
make our processing of your personal data before you withdrew your
consent unlawful.
8 AUTOMATED DECISION MAKING
8.1 Automated decisions are made by
technological means, mostly based on algorithms subject to predefined
criteria. Such automated decision-making, taken solely by
technological means without any human intervention, may have legal
effects or similarly significant effects on you. We do not make such
automated decisions.
9 HOW WE MAY SHARE YOUR PERSONAL
DATA
9.1 We may share your personal data
with certain parties as set out below:
(a) External third parties such as:
(i) Professional advisors including
lawyers, bankers, auditors, and insurers.
(ii) HM Revenue & Customs and
other regulators and authorities, whether in the UK, EEA, US, or any
other applicable jurisdiction.
(iii) Service providers whom we work
with in connection with the running of our business and our providing
the Platform and/or Services, such as:
(I) Our payment providers;
(II)
Ondato (provides identity checking, age verification and similar services
pursuant to our user registration process); and
(b) Third 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.
9.2 We require all third parties to
respect the security of your personal data and to treat it in
accordance with the law. We do not allow our third-party 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.
9.3 International transfers.
Whenever we transfer your personal data out of the UK and/or EEA, we
ensure a similar degree of protection is afforded to it by ensuring
that 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.
(b) If we transfer your personal data
to any other country which is not subject to an adequacy decision of
the UK or the European Commission (as applicable) regarding an
adequate level of protection of personal data, we will ensure that
there is a legal basis and, if required, a relevant safeguard method
for such data transfer so that your personal data are treated in a
manner that is consistent with, and respects the applicable laws and
regulations on data protection in the UK or the EEA (as applicable).
(c) Where we use certain service
providers outside of the UK and/or the EEA (as applicable), we may
use specific contracts approved for use in the UK and/or the EEA (as
applicable) which give personal data the same protection it has in
the UK and/or the EEA (as applicable).
10 DATA SECURITY
10.1 We have put in place appropriate
security measures to prevent your personal data from being
accidentally lost, used, or accessed in an unauthorised way, altered,
or disclosed.
10.2 In addition, 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.
10.3 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.
11 HOW WE WILL RETAIN YOUR PERSONAL
DATA
11.1 We will only retain your
personal data for as long as reasonably necessary to fulfil the
purposes we collected it for, including for the purposes of providing
our services to you and satisfying any legal, regulatory, tax,
accounting or reporting requirements.
11.2 We may retain your personal data
for a longer period in the event of a complaint of if we reasonably
believe there is prospect of litigation in respect of our
relationship with you.
11.3 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
unauthorised use or disclosure of your personal data, the purpose 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.
11.4 In some circumstances you can
ask us to delete your data (see your legal rights below).
11.5 In some circumstances we will
anonymise your personal data (so that it can no longer be associated
with you) for research or statistical purposes, in which case we may
use this information indefinitely without further notice to you.
11.6 Otherwise, we securely erase or
anonymise your personal data where we no longer require your
information for the purposes collected.
12 YOUR LEGAL RIGHTS
12.1 Under UK/EU data protection laws
(as applicable), you have a number of rights (subject to certain
conditions) when it comes to your personal data. Your legal rights
include:
(a) Request access
to your personal data (commonly known as a “data subject access
request”). This enables you to receive a copy of the personal data
we hold about you and to check that we are lawfully processing it.
(b) Request correction
of the personal data that we hold about you. This enables you to have
any incomplete or inaccurate data we hold about you corrected, though
we may need to verify the accuracy of the new data you provide to us.
(c) Request erasure
of your personal data. This enables you to ask us to delete or remove
personal data where there is no good reason for us continuing to
process it. You also have the right to ask us to delete or remove
your personal data where you have successfully exercised your right
to object to processing (see below), where we may have processed your
information unlawfully or where we are required to erase your
personal data to comply with local law. Note, however, that we may
not always be able to comply with your request of erasure for
specific legal reasons which will be notified to you, if applicable,
at the time of your request.
(d) Object to processing
of your personal data where we are relying on a legitimate interest
(or those of a third party) and there is something about your
particular situation which makes you want to object to processing on
this ground as you feel it impacts on your fundamental rights and
freedoms. You also have the right to object where we are processing
your personal data for direct marketing purposes. In some cases, we
may demonstrate that we have compelling legitimate grounds to process
your information which override your rights and freedoms.
(e) Request restriction of
processing of your personal data. This enables you to ask us
to suspend the processing of your personal data in the following
scenarios:
(i) if you want us to establish the
data’s accuracy;
(ii) where our use of the data is
unlawful but you do not want us to erase it;
(iii) where you need us to hold the
data even if we no longer require it as you need it to establish,
exercise or defend legal claims; or
(iv) you have objected to our use of
your data but we need to verify whether we have overriding legitimate
grounds to use it.
(f) Request the transfer
of your personal data to you or to a third party. We will provide
you, or a third party you have chosen, your personal data in a
structured, commonly used, machine-readable format. Note that this
right only applies to automated information which you initially
provided consent for us to use, or where we used the information to
perform a contract with you.
(g) Withdraw consent
at any time where we are relying on consent to process your personal
data. For example, you can withdraw your consent to our processing
your personal data for data analytics purposes at any time by
adjusting your browser settings (and you can refer to our
cookie
policy for further information). However, your
withdrawing of consent will not affect the lawfulness of any
processing carried out before you withdrew your consent. If you
withdraw your consent, we may not be able to provide certain services
to you. We will advise you if this is the case at the time you
withdraw your consent.
If you want to withdraw your consent
for allowing us to process Special Category Data, please contact us
at admin@clitflickspinups.com. However, in such circumstances, your
withdrawal of consent may mean that we can no longer provide the
Services and/or Platform to you.
12.2 If you want to exercise any of
the rights set out above or have any questions on them, please
contact us. We usually act on requests and provide information free
of charge but may charge a reasonable fee to cover our administrative
costs of providing the information for baseless or excessive/repeated
requests or further copies of the same information.
12.3 We may need to request specific
information from you to help us confirm your identity and ensure your
right to access your personal data (or to exercise any of your other
rights). This is a security measure to ensure that personal data is
not disclosed to any person who has no right to receive it. We may
also contact you to ask you for further information in relation to
your request to speed up our response.
12.4 We may also be entitled under
some circumstances to refuse to act on the request and will notify
you if this is the case.
12.5 We try to respond to all
legitimate requests as soon as we can. Generally, this will be within
4 weeks from when we receive your request but, if the request is
going to take longer to deal with, we will come back to you and let
you know.
12.6 You also have the right to lodge
a complaint about the way we handle or process your personal data
with the ICO, the UK supervisory authority for data protection issues
(
www.ico.org.uk).
We would, however, appreciate the chance to deal with concerns before
you approach the ICO, so please contact us in the first instance.
12.7 If you are a data subject in the
EU/EEA, you should contact the relevant supervisory authority in your
territory. A list of the supervisory authorities across the EEA can
be found at
https://edpb.europa.eu/about-edpb/about-edpb/members_en.
13 THIRD PARTY LINKS
Our Platform may include links to
third party websites, plug-ins, and applications. Clicking on
third-party links or enabling third-party connections may allow third
parties to collect or share data about you. Third-party sites are not
under our control, and we are not responsible for its content. When
you leave our Platform, we encourage you to read the privacy policy
of every website you visit.
14 CHANGES TO THIS PRIVACY POLICY
14.1 We keep this Privacy Policy
under regular review and may update it from time to time. We reserve
the right to make amendments to our Privacy Policy at any time.
Historic versions can be obtained by contacting us.
14.2 Any changes we may make to this
Privacy Policy will be posted on our Platform and, where appropriate,
notified to you.
14.3 Unless otherwise provided in
this Privacy Policy, it is important that the personal data we hold
about you is accurate and current. Please keep us informed if your
personal data changes during your relationship with us.
Updated 16/6/2024
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