PRIVACY & COOKIES POLICY
Effective Date: April 1, 2023
Revision Date: June 15, 2023
ABOUT US
This Privacy Policy is between you and the following organization:
Website: www.temptasia.com
Company Name: 3D Digital Media LLC :
Address: 8206 Louisiana Blvd NE, Albuquerque, NM 87113 USA
E-Mail: admin@temptasia.net
You agree that we may collect and use your information as outlined in this policy when you use our websites, software, and mobile applications, (collectively, the “Platform”), including browsing without registration, registering, and sharing or uploading content. If you do not agree to this policy, you should not use our Platform, nor provide us with any personal information.
PERSONAL INFORMATION COLLECTED
a. Identifiers. A real name, username or alias, postal address, signature, home phone number or mobile phone number, e-mail address; account name, Social Security Number (SSN), driver's license number or state identification card number, passport number, or other similar identifiers.
b. Protected Classification Characteristics. Age, race, color, national origin, citizenship, sex (including gender, gender identity, gender expression), sexual orientation.
c. Commercial Information. Records of personal property, products or services purchased, obtained, considered, or other purchasing or consuming histories or tendencies.
d. Inferences Drawn From Other Personal Information. Profile reflecting a person’s preference, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
e. Biometric Information. Genetic, physiological, behavioral, and biological characteristics or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
f. Internet or Other Similar Network Activity. Browsing history, search history, and information on a consumer's interaction with a website, application, or advertisement.
g. Geolocation Data. Physical location or movements. For example, city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation; and, with permission in on your mobile device settings, and precise geolocation information from GPS-based functionality on your mobile devices.
Hereinafter known as “Personal Information.”
SOURCES OF INFORMATION WE COLLECT
a. Using the Platform. We collect Personal Information from your activity on our platform, starting when you first arrive and accessing it on an electronic device. We may collect your IP address, device ID, advertising identifiers, browser type, operating system, internet service provider, pages visited (including clicks and duration), and other related log information. For mobile phones, we may collect your device’s GPS signal or other information about nearby Wi-Fi access points and cell towers.
b. Creating a User Profile or Account. We collect Personal Information directly from you or an agent authorized to act on your behalf via the platform, and other means of communication. For example, if you, or someone acting on your behalf, provides your name and e-mail to create a profile or an account. We also collect information indirectly from you or your authorized agent. This can be done through information we collect from you while providing content, products, or services.
c. Creating a Performer/Model or Studio Account. We collect Personal Information directly from you or an agent authorized to act on your behalf via the platform, and other means of communication. We may collect Biometric Information such as a color copy of a valid government ID, and a photo of you holding the ID. These will be kept by us in compliance with United States Federal Laws. We will also collect bank account information and other taxpayer information for payments and United States Internal Revenue Service reporting requirements. We also collect information indirectly from you or your authorized agent through information we collect from you while providing content, products, or services.
HOW WE USE PERSONAL INFORMATION
We may use or disclose your Personal Information for the following purpose:
a. Offerings - to provide products, services, and offerings that serve the best-matched advertisements.
b. Alerts - to provide e-mail alerts and other communications regarding our products, services, and offerings that may be of interest or that you registered to receive.
c. Registration - to create your account for general use, for creating live content, or for posting original content or merchandise for sale within our platform
d. Obligations - to carry out any obligations for paid products, services, offerings, or any obligations under our terms and conditions or terms of use.
e, Feedback - to get feedback on platform improvements and generally provide an overall better experience.
f. Testing - for testing, research, and analysis, of user behavior on the platform.
g. Protection - to protect against fraud, abuse or threat to our performer/model's safety, to safeguard data, and the general security of the platform.
h. Security - to detect security incidents, verify human users, verification via Two Factor Authentication, and avoid being subject to malicious, deceptive, fraudulent, or illegal activity.
i. Law Enforcement - to respond to law enforcement requests as required by applicable law, court order, or governmental regulations.
j. Intended Purpose - as described for the intended purpose when collecting your personal information.
k. Assessment - to evaluate or conduct a merger, divestiture, restricting, reorganizing, dissolution, or outright sale, either wholly or partially, of our assets in which your Personal Information becomes a part of such sale.
Our usage of your Personal Information may change over time, and when such changes occur, we will update this Privacy Policy accordingly.
SELLING PERSONAL INFORMATION.
Our policy is that we DO NOT sell your Personal Information. If this should change, you will be notified and this Privacy Policy will be updated.
SHARING PERSONAL INFORMATION.
We disclose your Personal Information to 3rd parties for business purposes. The general categories of 3rd parties that we share with are as follows:
a. Our 3rd party service providers, such as payment processors, that, without their services, our platform would not be able to function in its current manner;
b. Affiliated websites and businesses in an effort to bring you and our users improved services, products, and offerings;
c. Other companies, affiliate partners, and 3rd parties that help us advertise products, services, and offerings to you, other users, and potential new customers;
d. Third parties to whom you, or an authorized agent on your behalf, authorized us to disclose your Personal Information;
e, Third parties or affiliates in connection with a corporate transaction, such as a sale, consolidation, or merger of our financial institution or affiliated business; and
f. Other third parties, such as ID validation services, to comply with legal requirements or to disclose Personal Information to government authorities per the rule of law.
COOKIES POLICY.
Currently, our platform uses cookies to provide you with the best experience possible. We, in addition to our service providers, affiliates, agents, advertisers, or other parties in connection with the platform, may deploy cookies, web beacons, local shared objects, and other tracking technologies for various purposes. Such shall be for business use, marketing purposes, fraud prevention, and to assist in the day-to-day operations of the platform.
a. “Cookies” Defined. Cookies act as data that is communicated between a user’s web browser and a website or application. They are stored on your device to help track their areas of interest, provide the best experience possible, and customize the content, products, services, offerings, and advertisements served on the platform. Most web browsers adjust to your browser’s settings to decline or delete cookies, but doing so may degrade the experience with our online services.
b. 1-Pixel Images. Clear GIFs, pixel tags, or web beacons, which are generally 1-pixel, are transparent images located on a webpage or in an e-mail or other trackable source and may be used on our platform in addition to any other communication offered by us. They are often used in connection with advertisements served to you that are interacted with, whether on our platform or another online service and shared with us. This type of tracking is specifically meant to recognize users, assess traffic patterns, and measure site or campaign engagement.
c. Flash Cookies. Local Shared Objects, sometimes known as “flash cookies,” may be stored on your device using a media player or other software. Flash cookies are similar to cookies in terms of their operation but may be managed in your browser in the same manner.
d. First Party & Third Cookies. First party cookies are stored by a domain (website and mobile app) you are visiting directly. They allow us to collect analytics data, remember preferred settings (e.g., language, currency, etc.), and perform related functions. Third party cookies are created by domains other than those you are visiting directly, hence its name “third party.” They may be used for cross-tracking, retargeting, and ad-serving.
e. Essential Cookies. Such cookies are technically necessary to provide platform functionality. They act as a basic form of memory, used to store the preferences selected by a user on a given website or application. They are essential to browsing functionality and cannot be disabled by users. As an example, an essential cookie may be used to recognize a past user from having to log in each time they visit a new page in the same session.
f. Performance and Function Cookies. Such cookies are used to enhance the performance and functionality of a website and mobile app but are not essential to its use. However, without these cookies, certain functions (like videos) may become unavailable.
g. Advertising Cookies. Such cookies are used to customize a user's ad experience on a website and mobile app. When using data collected from cookies, it can prevent the same ad from appearing multiple times in the same session or that does not offer a pleasant experience. Advertising cookies may be used to serve a user with related services, products, or offerings that they may have shown a level of related interest in their past user history.
If you would like to know more about cookies and how they are used, please visit www.allaboutcookies.org.
You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our platform features may not function as a result.
ADVERTISEMENTS.
Our platform has advertisements. You may see advertisements by use of our platform. These advertisements may be for either 1) our own products, services, offerings, and content 2) via 3rd party advertising networks (such as AdSense) or 3) Affiliate programs such as the Amazon.com Associates Central or related services. The advertisements presented to you may use your personal information and may contact you through other channels outside of the platform, such as telephone, e-mail, and mailings. We do not disclose your personal information to 3rd party advertisers except as permitted by applicable laws and regulations, and we require that such 3rd party advertisers follow such applicable laws and regulations when they collect information from you to transfer such information to us.
BIOMETRIC INFORMATION.
Biometric data includes “biometric identifiers” and “biometric information” as defined in the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. “Biometric identifier” means a retina or iris scan, fingerprint, faceprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996.
Biometric information means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.
Your biometric information is used for age verification purposes, and to ensure that the person registering for the account is the owner of such information. Through a 3rd party service and based on your particular location, we will determine what government issued ID may be used. As defined required by 18 USC § 2257, age verification documentation will be retained for a period of seven years from the last time your content was made available.
RIGHT AND CHOICES.
This Section describes your rights and choices regarding how we collect, share, use, and protect your Personal Information, how to exercise those rights, and limits and exceptions to your rights and choices.
a. Exceptions. The rights and choices in this Section do not apply to you if the information being collected is:
Aggregate consumer information;
Deidentified Personal Information; and
Publicly available information.
b. Access to Information. If the above exceptions do not apply, and you have not made this request more than twice in a 12-month period, you have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months from the date we receive your request. Once we receive and confirm your request on your behalf, we will disclose it to you or your representative:
The categories of Personal Information we collect;
The categories of sources for the Personal Information we collect;
Our business or commercial purpose for collecting or selling such Personal Information;
The categories of third parties to whom we sold or disclosed the category of Personal Information for a business or commercial purpose;
The business or commercial purpose for which we sold or disclosed the category of Personal Information; and
The specific pieces of Personal Information we collected about you in a form that you can take with you (also called a “Data Portability Request”).
c. Deletion (Erasure) Request Rights. You have the right to request that we delete any of your Personal Information that we collect from you and retain, subject to certain exceptions. Once we receive and verify your request, we will delete and direct our service providers to delete your Personal Information from our records unless an exception applies. We may deny your deletion request if retaining the Personal Information is necessary for us or our service providers to:
Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those for such activity;
Debug to identify and repair errors that impair existing intended functionality;
Exercise free speech, or exercise another right provided by law;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws when the businesses' deletion of the Personal Information is likely to render impossible or seriously impair the achievement of such research if you previously provided informed consent.
Enable solely internal and lawful uses of such Personal Information that are compatible with the context in which you provided it.
d. Exercising Access, Data Portability, and Deletion Rights. To exercise the access, data portability, deletion rights, or any other rights mentioned herein, a consumer or a consumer's authorized agent may submit a verifiable request to us by using the contact details mentioned herein.
e. Requests. You may only make a verifiable consumer request for access or data portability in relation to this Section. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information is related to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided via a verifiable consumer request to verify the requestor's identity or authority to make the request.
f. Authorized Agent. An authorized agent is any person or legal entity registered with the Secretary of State or similar office that you have authorized to act on your behalf. If a request is made by an authorized agent acting on your behalf, we may require the following:
Submission of evidence by you with your permission for the authorized agent to submit a verifiable request on your behalf;
For you to directly acknowledge, via electronic communication, that the authorized agent is allowed to act on your behalf;
Require the authorized agent to verify their identity; or
For a power of attorney document to be submitted that is signed in accordance with state law.
We reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf and cannot verify their own identity to us.
g. Response Timing and Format. As required under privacy laws, we agree to respond to any verifiable consumer request within 45 days of its receipt. If we require more time, with a maximum of 90 days, we will inform you, in writing, of the reason. Such notification will be by e-mail unless there is another preferred communication method provided. If applicable, the response we provide will also explain the reasons we cannot comply with a request. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the Personal Information from one entity to another entity without hindrance. No fee will be charged to process or respond to your verifiable consumer request.
h. Right of Non-Discrimination. We do not discriminate against you for exercising any of your rights in this Privacy Policy and under applicable laws. Unless permitted by law, we will not:
Deny you goods or services;
Charge you different prices or rates for goods, services, and offerings, including through granting discounts or other benefits, imposing penalties; or
Provide you with a different level of quality of goods or services.
LINKING TO 3RD PARTIES.
We may provide links to 3rd party sources such as websites, applications, content, or software (“3rd Parties”). When you use a link online to visit 3rd Parties, you will be subject to their privacy policy and the jurisdiction of governing law. It is recommended to familiarize yourself with its terms and disclosures regarding your Personal Information. We are not responsible for the handling of your Personal Information when using, accessing, or visiting 3rd Parties.
SECURITY & PROTECTION.
We use reasonable physical, electronic, and procedural safeguards that comply with federal standards to protect and limit access to Personal Information. This includes device safeguards used in accordance with industry standards. It is understood by you that the Personal Information you submit to us electronically, may not be secure when it is transmitted to us.
Further, you understand that access to the platform, is open to the general public and other registered users, and that we cannot control their use of any live and static content that you share, post, or sell on our platform. We also cannot control anything that is shared between all users in the chatrooms via messages or voice, including malicious 3rd party links. You should always be careful when sharing your Personal Information. Specifically, we recommend that you use usernames and aliases, and not use unsecured or public channels to communicate sensitive or confidential information.
DISCLAIMER FOR CANADIAN USERS.
As defined under Canadian law, Personal Information means information about an identifiable individual (“Personal Information”). The disclosures mentioned herein are meant to transparently convey the methods of collecting, managing, storing, using, protecting, and sharing Personal Information by users (“Privacy Policy”). Users grant their consent to this Privacy Policy through it being readily available for viewing in accordance with the Personal Information Protection and Electronic Documents Act (“PIPEDA”).
DISCLAIMER FOR EUROPEAN USERS.
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access - You have the right to request our company for copies of your personal data. We may charge you a small fee for this service.
The right to rectification - You have the right to request that our company correct any information you believe is inaccurate. You also have the right to request our company to complete the information you believe is incomplete.
The right to erasure - You have the right to request that our company erase your personal data under certain conditions.
The right to restrict processing - You have the right to request that our company restrict the processing of your personal data under certain conditions.
The right to object to processing - You have the right to object to our company’s processing of your personal data under certain conditions.
The right to data portability - You have the right to request that our company transfer the data we have collected to another organization or directly to you under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at:
Email: admin@temptasia.net
Or: 8206 Louisiana Blvd NE, Albuquerque, NM 87113 USA
DISCLAIMER FOR CALIFORNIA USERS.
Your privacy and rights under the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA) are important to us. We offer this document as a resource to view how we collect, manage, store, and use your Personal Information in the day-to-day running of our platform. This Privacy Policy, intended for California residents, can be applied to all platform users to disclose how we collect, manage, store, and use your Personal Information as defined under CIV 1798.140(v) of the California Consumer Privacy Act (CCPA).
CHANGES AND AMENDMENTS.
We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we agree to notify you by e-mail or other preferred communication methods.
CONTACT.
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Information, your choices, or your rights regarding such use, or wish to exercise your rights, please do not hesitate to contact us by using the details mentioned in this Privacy Policy.