Introduction
PURPOSE OF THE POLICY: This Policy describes how KinkD. (“us,” “we” or “KinkD”) collects, uses, discloses and otherwise processes the personal data you provide by using the KinkD application on iOS, Android, or the KinkD website (collectively referred to as the “Service”).
NOTICE CONCERNING CHILDREN: We require users of the Service to be at least 18 years of age. We do not intend for anyone under the age of 18 to use any of the features or services we offer from the Service and we do not knowingly collect personal data from anyone under the age of 18. Children should not be dating online, even at a wholesome place like KinkD! We understand and are committed to respecting the sensitive nature of children’s privacy online. If you suspect that a user is under the age of 18, please use the report profile mechanism available through the Service.
WHO WE ARE
For the purpose of applicable data protection legislation, the data controller of your personal data is KinkD.
PURPOSES OF PROCESSING
As used in this Policy, “personal data” is as defined in the General Data Protection Regulation 2018 and any successor legislation, which includes any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number. We need certain personal data in order to provide you with access to our Service. To process your personal data as outlined below, we rely on the following legal bases:
Contractual Performance: The primary reason we process your personal data is to perform the contract that you have with us. For example, as you use our Service, we use your personal data to provide your account, to make it visible to other users and to recommend other users to you.
Legitimate Interests: We may also use your personal data where we have legitimate interests to do so. For instance, we review users’ actions while using our Service to improve our Service and we process personal data for administrative, fraud detection and other legal purposes.
Consent: We may also ask for your consent to use your personal data for specific reasons. You may withdraw your consent at any time by contacting us as set out at the end of this Policy.
HOW WE COLLECT AND USE DATA
INFORMATION YOU PROVIDE: In using the Service, you are required to provide personal data to verify that you are the specific person you say you are. This personal data can include but is not limited to your photo and location. Your profile consists of your first and last name as well as other data you provide including gender, pictures, videos, captions, answers to prompts, your neighborhood, your height, ethnicity, religious beliefs, political beliefs, lifestyle choices, family details, education, workplace, job title and hometown. When setting up or editing your profile, we have indicated what data is optional as opposed to mandatory, as well as what data is shared with other recommended matches (as opposed to only with KinkD). Your ‘Preferences’ allow us to match you with relevant people. You may choose to share this personal data with other members, which includes but is not limited to gender, age, location, height, ethnicity, religion, children, family plans, education, politics, and lifestyle choices. Some of the personal data you choose to provide us may be considered “special” or “sensitive” in certain jurisdictions, for example your racial or ethnic origins, sexual orientation, political beliefs, and religious beliefs (“Sensitive Personal Data”). By choosing to provide this personal data, you consent to our processing of that data.
We collect and analyze feedback that you provide in surveys, focus groups, and during events. This information is used to provide insights to improve the Service.
We collect contact information to send you communications regarding our service, which you may unsubscribe from (even though that would disappoint us because we love staying in touch!).
INFORMATION COLLECTED AUTOMATICALLY: When you use the Service we may collect some personal data about you automatically. This personal data includes but is not limited to: app version and build number, attribution campaign and source, authentication state, push token, device OS and version, device model, latitude and longitude, signup date, payment date, and first subscription date. This personal data allows us to diagnose bugs - for example knowing you are on an old version of KinkD – as well as detect fraud. This personal data also allows us to send push notifications if you choose to opt into those communications.
ACTIVITY WITHIN THE SERVICE: When you use the Service, we may collect personal data as you take actions within the Service, such as users you have interacted with and how you use the Service. This may include but is not limited to passing, liking, commenting, messaging, blocks and abuse reports. Collecting this information allows us to provide the service and helps us improve our Service by refining our recommendation algorithm, diagnosing bugs or issues, developing new features, and monitoring for behavior that violates our Terms of Service. This information is also used for financial reporting.
COOKIES: We may use and allow others to use “cookies” (a small piece of data stored on your computer’s hard drive) to know if you’ve used or visited our Service. You may read our Cookie Policy for more information on why we use them (such as authenticating you, remembering your preferences and settings, analyzing site traffic and trends, delivering and measuring the effectiveness of advertising campaigns, allowing you to use social features) and how you can better control their use, through your browser settings and other tools.
OTHER USERS: Other users may provide personal data about you as they use the Service (for example, if they contact us about you). We don’t necessarily process this information and we do not retain this information.
PARTNERS: We may collect personal data about you from our partners. For example, where our ads are displayed on a partner’s websites or platforms those partners may pass along information about a campaign’s success.
Please note that some web browsers have a “Do Not Track” (“DNT”) function. If a website that responds to a DNT signal receives a DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many businesses, including ours, do not currently respond to DNT signals.
HOW WE SHARE YOUR INFORMATION
We may share your personal data with other users, with service providers and partners who help us operate the Service, in the event of a business transaction and for law enforcement purposes, as set out below:
Other Users: we will share personal data with other users when you voluntarily disclose that information on the Service. For example, we will display your profile to other users when we match you with them.
Service Providers: we may share your personal data with third parties to provide you with the Service (such as analytics services or customer relationship management services). We vet all service providers before we provide them with your personal data and ensure we have appropriate contractual safeguards in place.
Corporate Transactions: If KinkD is involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, dissolution, bankruptcy or other change of control or ownership, we may transfer personal data in relation to that transaction.
Required by Law: We may share your personal data in the following circumstances: to comply with a legal process, like a court order, subpoena or search warrant, a government investigation or other legal requirements to help in the prevention or detection of crime (subject to applicable law); or to protect the safety of any person.
Enforce Legal Rights: We may also share your personal data to enforce legal rights, including: to mitigate KinkD’s liability in an actual or threatened lawsuit; to protect our legal rights and legal rights of our users, partners or other interested parties; to enforce our agreements with you; and to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
With Your Consent: We may share your personal data if we have first obtained your consent to do so.
AUTOMATED DECISION-MAKING AND PROFILING
To perform the contract that you have with us, we use automated decision-making and/or profiling in regard to your personal data, including Sensitive Personal Data, to match you with relevant people. We use automated decision-making and profiling to recommend matches to you based on your profile and the people you engage with. We also use automated decision-making and profiling to moderate bad actors by flagging user profiles that may contain explicit content. If you choose to opt-out of automated decision-making and profiling, we will not be able to provide our Service and you will be prompted to delete your account. We do not otherwise use your personal data for the purposes of automated decision-making. However, we may do so in order to fulfil obligations imposed by law, in which case we will inform you of any such processing and provide you with an opportunity to object.
DATA ACCESS
Your data is accessible only on a need-to-know basis by KinkD employees and third-party service providers.
DELETING YOUR ACCOUNT AND DATA RETENTION
When you delete your account on KinkD, your profile is removed from distribution, which include Discover, Likes You, and Match screens. This means anyone you are matched with will no longer have access to your profile or conversation. If you were not our gold member, we delete all of your personal data from our database within 30 days of deleting your account, except as provided in the paragraph below, and unless a longer retention period is required or permitted by law (for example, for regulatory purposes). If you were our gold member, we delete all of your personal data from our database within 2 years of deleting your account in case there is any dispute on payment issue, except as provided in the paragraph below, and unless a longer retention period is required or permitted by law (for example, for regulatory purposes). We may retain anonymous data that allows us to improve our Service by refining our recommendation algorithm, developing new features, and financial reporting. When we use the term “anonymous data,” we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party. If you violate our Terms of Service, we keep your IP address in order to maintain a blacklist for up to 1 year. If there is an ongoing issue, claim or dispute we will keep the personal data until the matter is resolved and other information that we maintain for legitimate business interests for a period of 1 year. Please note that just deleting the app from your phone does NOT delete your account, as we have no way of knowing that you did this. To delete your account, you must do this from “Settings” within the app. Please remember that even though our systems are designed to comply with the above retention periods, we cannot promise that 100% of the data will always be deleted within these timeframes due to technical constraints.
SECURITY
KinkD takes reasonable measures to prevent the unauthorized access to or alteration, disclosure or destruction of your personal data, but ultimately, we make no assurances about our ability to prevent any such issues. We may suspend your use of all or part of the Service without notice if we suspect or detect any breach of security. If you believe that your account or personal data is no longer secure, please notify us immediately at the contact information set out below.
CROSS-BORDER DATA TRANSFERS
The sharing of personal data as explained in this Policy may involve the transfer of personal data across border, for instance to the United States and other jurisdictions, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. As an example, where the Service allows for users to be located in the European Economic Area (“EEA”), their personal data is transferred to countries outside of the EEA. We use standard contract clauses approved by the European Commission or other suitable safeguard to permit data transfers from the EEA to other countries. Standard contractual clauses are commitments between companies transferring personal data, binding them to protect the privacy and security of your data.
YOUR RIGHTS
Below, we have outlined some of the tools you have to control your personal data:
Tools in the Service: The Service provides certain tool that allow you to access, rectify or delete information that you provided through the Service and that’s associated with you.
Device Permissions: Mobile operating systems have permission controls, such as for camera and location services. You can control these options through your device’s settings. Please note that changing these settings may result in lost functionality within the Service.
Account Deletion: You can deletion your account within the Service at any time by navigating to Setting or contacting us at support@kinkd.app.
Uninstall: If you uninstall the app, you can stop all information collection by the app. Please note that this will not delete your account and we retain the unique identifier associated with your device. If you re-install the application on the same mobile device, we will be able to re-associate this identifier to your previous activities.
You should also be aware of your privacy rights:
Opt-out. You may contact us anytime as set out at the end of this Policy to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of Sensitive Personal Data; (iv) any new processing of your personal data that we may carry out beyond the original purpose; or (v) the transfer of your personal data outside the EEA. Please note that your use of the Services may be ineffective upon opt-out.
Reviewing your information: Applicable privacy laws may give you the right to review the personal data we maintain about you. To request access to your personal data, please contact us as set out at the end of this Policy.
Updating your information: If you think the information we hold about you is inaccurate or that we are not entitled to use it and would like to request that we rectify, delete or object to our processing of this personal data, please contact us as set out at the end of this Policy.
Moving your information. Your data is portable – i.e. you to have the flexibility to move your data to other service providers as you wish. To request this, please contact us as set out at the end of this Policy.
Accountability: Some countries, including those in the European Union, provide you with a right to file a complaint with the appropriate data protection authority if you have an issue with how we process your personal data.
For your protection, we may ask you to prove your identity before we answer any requests related to the above items. Note that we may reject a request for certain reasons, including if it is unlawful or if fulfilling the request will infringe a trade secret or other intellectual property or the privacy of another user.
SERVICE AREA BEYOND KINKD'S CONTROL
OTHER USERS: The Service includes user-generated profiles and interactive messaging services. Please remember that any information that is disclosed in these areas may be seen and copied by other users and you should exercise caution when deciding to disclose your personal data.
THIRD-PARTY WEBSITES: The Service may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.
RESIDENTS OF CALIFORNIA
If you are a California resident, you can request a notice disclosing the categories of personal data about you that we have shared with third parties for their direct marketing purposes during the preceding calendar year. Note that we do not currently share any information with third parties for their own direct marketing purposes. To request this notice, please submit your request to the contact information set out below. Please allow 30 days for a response. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer such a request.
POLICY UPDATES AND CHANGES
We reserve the right, at any time, to add to, change, update, or modify this Policy. If any changes are made to this Privacy Policy, we will reflect the “Effective Date” for the updated Policy above. When making material change to this Policy, we will notify you before the changes take effect so that you can review the updates.
HOW TO CONTACT US
If after reviewing this Policy, you still have questions about our information practices, please contact us support@kinkd.app with the subject line “Privacy Policy”.