Last Updated: May 20, 2018
This policy applies to information the Company collects:
- On the Website (including desktop and mobile versions).
- In email, text, and other electronic messages between you and the Company.
- When you interact with the Company's advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
- When you interact with the Website through third-party social media platforms.
It does not apply to information collected by:
- the Company offline or through any other means, including on any other website operated by the Company or by any third party (including the Company's affiliates and subsidiaries); or
- any third party (including the Company's affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from (or on) the Website.
Important: Please read this policy carefully to understand the Company's policies and practices regarding your information and how the Company will treat it. If you do not agree with the Company's policies and practices, your choice is not to use the Website. By accessing or using the Website, you agree to this policy and consent to the Company's collection, use, disclosure, retention, and protection of your personal information as described in this policy. The Company may change this policy on one or more occasions. The Company will consider your continued use of the Website after the Company makes changes as your acceptance of the changes, so please check this policy frequently for updates.
1. Are minors welcome?
The Website is not intended for anyone under 18-years old. You will only access the Website or register for an account if (1) you are at least 18-years old and (2) have reached the age of majority where you live. The Company prohibits all persons who do not meet the age requirements from accessing the Website. Minors must not access the Website or use its services.
The Company does not collect or solicit any information from anyone under 18-years old or knowingly allow people under 18-years old to register for the Website. The Website and its content are not directed at children under 18-years old. In the event that the Company learns that it has collected personal information from a child under 18-years old, the Company will delete that information as quickly as possible. If you believe that the Company might have any information from or about a child under 18-years old, please contact the Company at firstname.lastname@example.org.
Section 230 Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching "parental control protection" or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
2. What data may the Company collect about you?
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
The Company may collect, use, store, and transfer different kinds of personal data about you, which the Company has grouped together as follows:
- Identity Data includes first name, last name, and username and screen names of your choosing.
- Contact Data includes physical address, email address and telephone number.
- Financial Data includes your bank account details. (The Company itself does not process credit cards, and the Company does not store complete credit card information. The Company relies on trusted third-party payment processors, providers, and gateways to process transactions for the Website. While the Company initially collects your complete credit or debit card information when you first provide it, it transmits that information to processors and does not retain your complete credit card information.)
- Transaction Data includes data regarding your purchases, tips, shows, and other transactions on the Website.
- 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 this Website.
- Profile Data includes information you provide on your customer profile/bio page, which may include your date of birth, your interests, preferences, feedback, and survey responses.
- Website Communications Data includes reviews that you may write on models or VODs, forum posts, chat logs, messages you have exchanged with others on the site, and communications you may have exchanged with the Company.
- Usage Data includes information about how you use the Company's Website, products, and services.
- Marketing Communications Data includes your preferences in receiving marketing from the Company and its third parties and your communication preferences.
The Company also collects, uses, and sometimes shares Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, the Company may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if the Company combines or connects Aggregated Data with your personal data so that it can directly or indirectly identify you, the Company treats the combined data as personal data which will be used in accordance with this policy.
Where the Company needs to collect personal data by law or under the terms of a contract it has with you and you fail to provide that data when requested, the Company may not be able to perform the contract it has or is trying to enter into with you (for example, to provide you with services). In this case, the Company may have to cancel a service you have with the Company, but the Company will notify you if this is the case at the time.
3. How is your data collected?
The Company uses different methods to collect data from and about you including through:
- Direct interactions. You may give the Company information about you by filling in forms or by corresponding with the Company by phone, email, or otherwise. This includes information you provide when you fill in forms on the Website, register to use the Website, sign up for an account, make purchases, spend credits, request further services, correspond with the Company, or report a problem with the Website or a service.
- User contributions. You also may provide information for the Company to publish or display ("post") on public Website areas or transmit to other Website users or third parties (collectively, "user contributions"). This includes information such as reviews, forum posts, and chat comments. You submit user contributions for posting and transmission to others at your own risk. Although you may set certain privacy settings for user contributions by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, the Company cannot control the actions of any Website users with whom you choose to share your user contributions. Therefore, we cannot and do not guarantee that unauthorized persons will not view your user contributions. should refrain from sharing personally identifiable information on the Website. The Company does not monitor user contributions and is not responsible for the privacy of personal information you communicate in these messages. However, the Company does record and document all chat and messaging sessions (public and private) for a period of time. Users should not have any right or expectation of privacy in any information communicated in any public or private areas of the Website.
- Automated technologies or interactions. As you interact with the Website, the Company may automatically collect technical data about your equipment, browsing actions, and patterns as specified above. The Company collects this information by using cookies, server logs, and other similar technologies (see Cookies and Automatic Data Collection Technologies, below).
- Third parties or publicly available sources. The Company may receive information about you if you visit other websites employing the Company's cookies or from third parties including, for example, business partners; subcontractors in technical, payment, and delivery services; advertising networks; analytics providers; search information providers; data brokers; or aggregators.
All communications, such as chat sessions, that take place through the Website are recorded and stored on the Company's computers. Video of the sessions which shows the model only may be made publicly available through the Website or affiliated sites. Your face and the words you type will not be visible on these videos, but all audio of the session is included, and if your voice is audible during the session, it may be similarly audible on the video. The Company does record but does not make publicly available records of all written exchanges that occur through the Website; the Company may use those records for internal or legal purposes, such as investigating claims of fraud, abuse or inappropriate conduct. By participating in communications on the Website, you expressly agree to these terms including agreeing to the Company's right to use your voice audible in any video recordings and you understand that you have no right or expectation of privacy in your use of the Website, even in private chat sessions.
Cookies and Automatic Data Collection Technologies
As you navigate through and interact with the Website, the Company may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to the Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and Internet connection, including your IP address, operating system, and browser type.
- Information about your mobile device and Internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
The Company also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information the Company collects automatically is statistical data and does not include personal information, but the Company may keep it or associate it with personal information the Company collects in other ways or receives from third parties. It helps the Company to improve the Website and to deliver a better and more personalized service, including by allowing the Company to:
- Estimate the Website's audience size and usage patterns.
- Store information about your preferences, thus allowing the Company to customize the Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to the Website.
The technologies the Company uses for this automatic data collection may include:
- Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, you can access your Flash management tools from Adobe's website
- Web Beacons. Pages of the Website (and the Company's emails) may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages (or opened an email) and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). If you want to learn more about web beacons, please visit www.allaboutcookies.org/faqs/beacons.html.
The Company does not collect personal information automatically, but it may tie this information to personal information about you that the Company collects from other sources or you provide to the Company.
The Company does not control third-party tracking technologies or how third parties' use them. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Social Networks and Third-Party Plugins
4. How does the Company use your information?
The Company may use the information that it collects for any of the following purposes:
- To provide, operate, maintain, improve, and promote the Website.
- To enable you to access and use the Website, including viewing site content, making purchases, and engaging with models and other end users.
- To enabling the processing of transactions, and send you related information, including purchase confirmations and invoices.
- To fulfill the purposes for which you provided the data or that were described when it was collected.
- To send transactional messages, including responding to your comments, questions, and requests; providing customer service and support; and sending you technical notices, updates, security alerts, and support and administrative messages.
- To send promotional communications, such as providing you with information about services, features, newsletters, offers, promotions, contests, and events.
- To monitor and analyze trends, usage, and activities in connection with the Website and for marketing or advertising purposes.
- To investigate and prevent fraudulent transactions, unauthorized access to the Website, and other illegal activities.
- To personalize the Website content, features, or advertisements.
- To protect the Website, the Company's employees, and the Company's operations.
The Company may also use your information to contact you about the Company's own and third parties' goods and services that may be of interest to you. If you do not want the Company to use your information in this way, please log into your account and adjust your email preferences at www.gailyxlive.com/my-account/secure/. For more information, see Your Personal Data Use Choices.
The Company may use the information it has collected from you to allow the Company to display advertisements to its advertisers' target audiences. Even though the Company does not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria
5. With whom does the Company share your information
The Company may disclose aggregated information about its users, and information that does not identify any particular individual, without restriction.
The Company may disclose personal information that it collects or you provide as described in this policy:
- To the Company's subsidiaries and affiliates.
- To contractors, service providers, and other third parties the Company uses to support its business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which the Company discloses it to them.
- To payment-service providers to (a) process payments; (b) prevent, detect, and investigate fraud or other prohibited activities; (c) facilitate dispute resolution such as chargebacks or refunds; and (d) for other purposes associated with the acceptance of credit or debit cards. The Company may share your credit or debit card number with payment service providers or card networks to monitor card transactions at participating merchants and track redemption activity for the purposes of providing card-linked services.
- To third parties to market their products or services to you if you have not opted out of these disclosures. The Company contractually requires these third parties to keep personal information confidential and use it only for the purposes for which the Company discloses it to them. For more information, see Your Personal Data Use Choices.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by the Company when you provide the information.
- With your consent.
The Company may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about the Website's users is among the assets transferred.
- To enforce or apply the Terms and Conditions and other agreements, including for billing and collection purposes.
- If the Company believes disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, its customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
6. Consent to Personal Data Transfer
The Company is based in the United States of America. The Company may process, store, and transfer personal data it collects, in and to a country outside your own, with different privacy laws that may or may not be as comprehensive as your own.
By submitting your personal data or engaging with the Website, you consent to this transfer, storing, or processing.
7. Your Personal Data Use Choices
The Company provides you the ability to exercise certain controls and choices regarding its collection, use, and sharing of your information. In accordance with applicable law, your controls and choices may include:
- You may correct, update, and delete your account information.
- You may change your choices for subscriptions and newsletters.
- You may choose whether or not to receive offers from the Company.
- You may choose whether you received targeted advertising from the Company or its partners.
The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates, or plug-ins enabling third-party features. If you follow a link to any third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies and that the Company does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these third parties.
8. How do you access and correct your information?
You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account at www.gailyxlive.com/login. For other personal information that the Company holds, the Company will provide you with access for any purpose including to request that the Company correct the data if it is inaccurate or delete the data if the Company is not required to retain it by law or for legitimate business purposes. The Company may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, contravene company policy or law, or for which access is not otherwise required by law.
If you close your account on the Website, copies of your user contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users. The Website Terms and Conditions govern proper access to and use of information provided on the Website, included user contributions.
9. Data Security
The security of your personal data is very important to the Company. The Company uses reasonable and appropriate security measures designed to protect your personal data from loss, misuse, and unauthorized access, use, alteration, or disclosure. The Company stores all personal data behind firewalls on severs employing security protections.
The safety and security of your information also depends on you. Where the Company has given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. The Company asks you not to share your password with anyone. In addition, the Company urges you to be careful about giving out information in public areas of the Website. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the Internet is not completely secure. Although the Company does its best to protect your personal data, the Company cannot guarantee the security of your personal data transmitted to the Website. Any transmission of personal data is at your own risk. The Company is not responsible for the circumvention of any privacy settings or security measures contained on the Website.
10. Do Not Track Policy
Do Not Track ("DNT") is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your webpage visits collected over time and across websites or online services. The Company is committed to providing you with meaningful choices about the information it collects and that is why the Company provides you the ability to opt out. But the Company does not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information, visit www.allaboutdnt.com.
11. Your California Privacy Rights
If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by the Company to third parties for the third parties' direct marketing purposes. Further, if you are a California resident and would like to opt out from the disclosure of your personal information to any third party for direct marketing purposes, please send an email to email@example.com. Please be advised that if you opt out from permitting your personal information to be shared, you may still receive selected offers directly from the Company in accordance with California law.
12. Your European Union Privacy Rights
If you are located in the European Union, under certain circumstances, you have rights under data protection laws in relation to your personal data. Your rights may include the following:
- Request access to your personal data. This enables you to receive a copy of the personal data the Company holds about you and to check that the Company is lawfully processing it.
- Request correction of your personal data. This enables you to have any incomplete or inaccurate data the Company holds about you corrected, though the Company may need to verify the accuracy of the new data you provide to it.
- Request erasure of your personal data. This enables you to ask the Company to delete or remove personal data where there is no good reason for the Company to retain or process it. You also have the right to ask the Company to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where the Company may have processed your information unlawfully, or where the Company is required to erase your personal data to comply with applicable law. Note, however, that the Company may not always be able to comply with your request of erasure for specific legal reasons that will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where the Company is relying on a legitimate interest (or those of a third party) and there is something about your particular situation that 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 the Company is processing your personal data for direct marketing purposes. In some cases, the Company may demonstrate that it has compelling legitimate grounds to process your information that overrides your rights and freedoms.
- Request restriction of processing your personal data. This enables you to ask the Company to suspend the processing of your personal data in the following scenarios: (a) if you want the Company to establish the data's accuracy; (b) where the Company's use of the data is unlawful but you do not want the Company to erase it; (c) where you need the Company to hold the data even if the Company no longer requires it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to the Company's use of your data but the Company needs to verify whether the Company has overriding legitimate grounds to use it.
- Request transfer of your personal data to you or to a third party. The Company will provide to 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 that you initially provided consent for the Company to use or where it used the information to perform a contract with you.
- Right to withdraw consent at any time where the Company is relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, the Company may not be able to provide certain products or services to you. The Company will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact the Company at firstname.lastname@example.org
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, the Company may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, the Company may refuse to comply with your request in these circumstances.
The Company may need to request specific information from you to help it 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. The Company may also contact you to ask you for further information in relation to your request to speed up its response.
The Company tries to respond to all legitimate requests within one month. Occasionally it may take the Company longer than a month if your request is particularly complex or you have made a number of requests. In this case, the Company will notify you and keep you updated.
13. Links to Other Websites
The Website may contain links to other websites. Please be aware that the Company is not responsible for the content or privacy practices of those other websites. The Company encourages its customers to be aware when they leave the Website and to read the privacy statements of any other website that collects personally identifiable information.
14. No Rights of Third Parties
This policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Website.
15. DMCA Takedown Requests
The Website complies with the Digital Millennium Copyright Act (DMCA). If you reasonably believe that your copyrighted work has been used or posted by a third party without your consent, you may follow the instructions here www.gailyxlive.com/dmca on how to report it.
By submitting a copyright infringement notice or other communication (including communications about content stored on or transmitted through the Website), you consent to have these communications forwarded to the person or entity who stored, transmitted, or linked to the content addressed by your communication, to facilitate a prompt resolution. The Company forwards DMCA infringement notices (including any personally identifying information contained in the notices) as submitted to the Company without any deletions.
17. Contact Information
To ask questions or comment about this policy and the Company's privacy practices, you can reach the Company at:
VS Media Inc.
24607 Lakeview Canyon Rd. #338
Westlake Village, CA 91361 USA
1-800-685-9236 (USA only)
1-818-880-9021 (Outside USA) email@example.com