legal/privacy

DATED 2022-01-09 · VERSION 20260729_rev01 · COMPARED WITH 20221029_rev01

Full text changes — 20221029_rev01 to 20260729_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

1	1	Last Updated: 01/09/2022
2	2
3		We, NKL Associates s.r.o. ("NKL Associates"), a company registered and existing under the laws of the Czech Republic, with registration number 023 30 482, having its registered office at Krakovska 1366/25, 110 00 Prague 1, Czech Republic (hereinafter referred to as "NKL Associates" or "we"), as the provider of the website www.xnxx.com (hereinafter referred to as the "Website"), are the responsible data controller in the sense of Article 4(7) of European Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the "GDPR").
	3	We, NKL Associates s.r.o. ("NKL Associates"), a company registered and existing under the laws of the Czech Republic, with registration number 023 30 482, having its registered office at Krakovska 1366/25, 110 00 Prague 1, Czech Republic (hereinafter referred to as "NKL Associates" or "we"), as the provider of the website [www.xnxx.com](https://www.xnxx.com/) (hereinafter referred to as the "Website"), are the responsible data controller in the sense of Article 4(7) of European Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the "GDPR").
4	4
5	5	The Website will be used by the following categories of users:
6	6
7	7	a) Category 1: a visitor of the Website who does not create an account on the Website and cannot upload any videos;
8	8	b) Category 2: a user of the Website who creates an account, but does not upload any videos or other material;
9	9	c) Category 3: a user of the Website who creates an account and uploads videos or other material; and
10	10	d) Category 4: a user of the Website who creates an account and participates in revenue sharing.
11	11
12		Subject to our Terms of Service at [https://info.xnxx.com/legal/tos](https://info.xnxx.com/legal/tos) (hereinafter referred to as "Terms of Service") and as explained in the Privacy Notice at [https://info.xnxx.com/legal/privacynotice](https://info.xnxx.com/legal/privacynotice) (hereinafter referred to as the "Privacy Notice"), we do not process personal data of the Category 1 users (i.e., the visitors of the Website who have not created an account). Instead, in such instances, we use cookies for the purposes identified in our Cookie Policy, which is available at [https://info.xnxx.com/legal/cookiepolicy](https://info.xnxx.com/legal/cookiepolicy) (hereinafter referred to as the "Cookie Policy"). For more information, including on how to manage your preferences on, and disable, cookies, please refer to our Cookie Policy.
	12	Subject to our Terms of Service at [https://info.xnxx.com/legal/tos](https://info.xnxx.com/legal/tos) (hereinafter referred to as "Terms of Service") and as explained in the Privacy Notice at https://info.xnxx.com/legal/privacynotice (hereinafter referred to as the "Privacy Notice"), we do not process personal data of the Category 1 users (i.e., the visitors of the Website who have not created an account). Instead, in such instances, we use cookies for the purposes identified in our Cookie Policy, which is available at https://info.xnxx.com/legal/cookiepolicy (hereinafter referred to as the "Cookie Policy"). For more information, including on how to manage your preferences on, and disable, cookies, please refer to our Cookie Policy.
13	13
14	14	For the individuals who fall within the remaining three categories of users listed above (i.e., Category 2; Category 3; and Category 4), personal data is processed in line with this Privacy Policy (hereinafter referred to as the "Privacy Policy").
15	15
16	16	This Privacy Policy for Categories 2, 3 and 4 above describes how we collect, use, process, and disclose your information, including personal information, in conjunction with your access to and use of the Website. We process personal data only in accordance with this Privacy Policy and the relevant legislation, in particular GDPR. By accessing the Website, you acknowledge that you have read this Privacy Policy and understand that your personal data may be processed, including as explained below any data that may reflect or concern your sex life, sexual preferences, and sexual orientation. You also acknowledge that without your consent with personal data processing, we may be unable to comply with our contractual obligations, may be unable to offer you the entire range of products and services available on the Website, and may prevent you from creating an account on this Website.
17	17
18	18	By accessing this Website and creating an account, you consent to NKL Associates processing your personal data, including data that may reflect or concern your sex life, sexual preferences, and sexual orientation. You grant your consent on the basis that NKL Associates undertakes to rely on this basis only where so is necessary and proportionate in order to be able to carry out its contractual obligations and protect its legitimate business aims.
99	99	2.2.1 Personal data processed when filing a takedown request or a counter-notification pursuant to paragraph 6C of the Terms of Service
100	100
101	101	Although our Company is based outside the United States, we respect the rights of copyright owners and thus have implemented certain policies in an effort to voluntarily comply with laws, such as the DMCA, which are described further below.
102	102
103	103	What is the Digital Millennium Copyright Act ("DMCA")?
104	104
105		The takedown process provided for by the DMCA is a tool for copyright holders to have user-uploaded material that infringes their copyrights taken down from our Website. The process entails the copyright owner (or the owner's agent) sending a copyright infringement takedown request to a service provider requesting that the provider remove material that the copyright owner contends is infringing their copyright(s). Once a website provider is in receipt of the takedown request, it is required to send the takedown request to the uploader of the material in question. The uploader is subsequently given a chance to respond to the takedown request . The mechanism serves as an initial step for the copyright holder and the uploader to resolve any dispute relating to the copyrighted material at issue. For that purpose, NKL Associates is required to process and transfer limited personal data between the individuals submitting a takedown request (i.e., the alleged copyright holder) and the uploader. In compliance with the DMCA, we only accept copyright infringement takedown notices from content owners or someone officially authorized to act on their behalf. To read more about the requirements of a complete notice, we invite you to visit [https://www.dmca.com/faq/What-is-a-DMCA-Takedown](https://www.dmca.com/faq/What-is-a-DMCA-Takedown), and consult with your own counsel. (We do not and cannot provide you with legal advice, and none should be implied from this Privacy Policy or anything else on our Website.) Information provided for purposes of copyright takedown requests / counter-notifications will be forwarded to the uploader of the material at issue.
	105	The takedown process provided for by the DMCA is a tool for copyright holders to have user-uploaded material that infringes their copyrights taken down from our Website. The process entails the copyright owner (or the owner's agent) sending a copyright infringement takedown request to a service provider requesting that the provider remove material that the copyright owner contends is infringing their copyright(s). Once a website provider is in receipt of the takedown request, it is required to send the takedown request to the uploader of the material in question. The uploader is subsequently given a chance to respond to the takedown request . The mechanism serves as an initial step for the copyright holder and the uploader to resolve any dispute relating to the copyrighted material at issue. For that purpose, NKL Associates is required to process and transfer limited personal data between the individuals submitting a takedown request (i.e., the alleged copyright holder) and the uploader. In compliance with the DMCA, we only accept copyright infringement takedown notices from content owners or someone officially authorized to act on their behalf. To read more about the requirements of a complete notice, we invite you to visit https://www.dmca.com/faq/What-is-a-DMCA-Takedown, and consult with your own counsel. (We do not and cannot provide you with legal advice, and none should be implied from this Privacy Policy or anything else on our Website.) Information provided for purposes of copyright takedown requests / counter-notifications will be forwarded to the uploader of the material at issue.
106	106
107	107	What lawful basis do we rely upon to process your personal data when you file a copyright infringement takedown request / counter-notification pursuant to the DMCA?
108	108
109	109	For the specific purpose of our review of your copyright infringement takedown request / counter-notification which you may have filed pursuant to paragraph 6C of the Terms of Service, you are required to provide the information needed to make a valid request, i.e.: (a) takedown website URL and (b) statement regarding the ownership of this content. We will process your personal data in order to further our legitimate interests as an adult entertainment business that respects intellectual property, abide by the law and acts appropriately when reports of copyright infringements are made. For those legitimate purposes, we process your personal data we deem necessary in order to be able to review the takedown request / counter-notification that you may have submitted pursuant to paragraph 6C of the Terms of Service and to allow us to contact you about its content. We consider the processing of your personal data to be proportionate with your interests, rights and freedoms.
110	110
111	111	What lawful basis do we rely upon to transfer your personal data to the addressee of the copyright infringement takedown request / counter-notification pursuant to the DMCA?
139	139	Our Website uses cookies and similar technologies. To learn more about cookies, please visit our Cookie Policy, which explains how you can manage your preferences.
140	140
141	141	### 4\. SECURITY
142	142
143	143	Note that all data is kept in a secure environment. We protect personal data by using appropriate safeguard procedures and measures, in particular:
144	144
145		- We encrypt our services using SSL (you can reach our SSL protected website under [https://www.xnxx.com/](https://www.xnxx.com/)).
	145	- We encrypt our services using SSL (you can reach our SSL protected website under https://www.xnxx.com/).
146	146	- We use firewalls to protect your information.
147	147	- We review our information collection, storage and processing practices regularly, including physical security measures, to guard against unauthorised access to systems.
148	148	- We restrict access to personal information to employees, contractors and agents who need to know that information in order to process it for us and who are subject to strict contractual or other legal confidentiality obligations.
149	149
150	150	If you know or have reason to believe that your account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your account, [please contact us following the instructions in the Contact Us section below](https://info.xnxx.com/contact/).
151	151
187	187	You have a right to require us not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing we will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
188	188
189	189	Where your sensitive personal data are processed you may, at any time ask us to cease processing your data by changing your user's profile settings.
190	190
191	191	#### 5.7 Lodging Complaints.
192	192
193		You have the right to file a complaint about the data processing activities carried out before the competent data protection authorities either in your country of residence if that country is a member of the EEA or with the Czech Data Protection Office, where NKL Associates is headquartered. More information about the Czech Data Protection Office is available at [https://www.uoou.cz/en/](https://www.uoou.cz/en/)
	193	You have the right to file a complaint about the data processing activities carried out before the competent data protection authorities either in your country of residence if that country is a member of the EEA or with the Czech Data Protection Office, where NKL Associates is headquartered. More information about the Czech Data Protection Office is available at https://www.uoou.cz/en/
194	194
195	195	### 6\. OPERATING GLOBALLY
196	196
197	197	Where we transfer, store and process your personal data outside of the EEA we have ensured that appropriate safeguards are in place to ensure adequate level of data protection. We rely on [EU Standard Contractual Clauses](https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en) and/or adequacy decisions issued by competent European authorities. If we are unable to rely on these two bases, we will transfer data outside the EEA to the extent doing do is: (a) necessary for the performance of a contract between you and us; (b) necessary for the conclusion or performance of a contract concluded for your interest between us and another natural or legal person; (c) necessary for the establishment, exercise or defence of legal claims; or (d) any other bases listed in Article 49 of the GDPR if applicable, such as seeking your consent.
198	198
199	199	We share certain data with the following groups of recipients to the extent we deem it necessary to be able to perform our operations or are compelled to do by law:
214	214	We have appointed a data protection officer ("DPO") . If you have any questions about this Privacy Policy or our data protection practices, please contact the DPO.
215	215
216	216	CONTACT DETAILS
217	217
218	218	NKL Associates s.r.o., Att. of Data Privacy Officer
219	219
220		Email address: dpo@xnxx.com
	220	Email address: [dpo@xnxx.com](mailto:dpo@xnxx.com)
221	221
222	222	Postal address:
223	223	Krakovska 1366/25
224	224	Prague 1
225	225	Czech Republic
	226
	227	\[TERMS OF SERVICE\](/legal/tos) - \[GENERAL INFORMATION\](/)