Effective Date: January 13, 2005
Last Updated: November 10, 2022
Information We Collect About You
We collect information about you when you:
Use the website
Create an account
Subscribe to our emails
Communicate with us
We also collect information, such as usage statistics, by using cookies, server logs, and similar technologies.
Information You Provide to Us
We collect information that you provide directly to us. For example, we collect information that you provide when you create an account, choose a viewing filter, rate or comment on content, add items to your Favorites, communicate with us (via email, a contact form, postal mail, or otherwise), or make purchases on the website.
In order to use certain features (like view trailers or make a purchase), you need to create a user account. When you create or update your account, we collect and store the data you provide, like your email address, password, and username, and assign you a unique identifying number (“Account Data”).
Ratings, Comments and Favorites
When you rate a piece of content, make a comment on a piece of content or add content to your favorites, we record that information. Comments are publicly viewable to others.
If you make purchases, we collect data as necessary to process your order. This includes the last 4 digits and type of credit card used.
In order to process your payment we use third party payment processors, including Authorize.net. If paying via credit card, your payment will be processed by Authorize.net via a payment gateway.
For security, Kink does not collect or store sensitive cardholder data, such as cardholder name, full credit card numbers or billing address data.
Communication and Support
If you contact us for support or to report a problem or concern (regardless of whether you have created an account), we collect and store your contact information, messages, and other data about you like your name, email address, location, browser version, operating system, IP address, and any other data you provide or that we collect through automated means (covered below).
Information We Collect Automatically
When you access the website, we collect certain data by automated means, including:
Technical information such as your IP address, type of device being used to access the website, browser and operating system type and version, and similar system data (“System Data”).
Log and Usage Data
Data about your usage of the website, such as the website that referred you (if applicable), pages viewed, videos played or downloaded, date and time when you log into your account , and other data regarding your use of the website (“Log and Usage Data”).
Country-Level Geographic Data
We attempt to determine what country you are accessing the website from based on your IP address (“Geographic Data”).
How We Collect Information
In addition to data that you provide, we use tools like cookies and web beacons, as well as analytics services and advertising providers to gather data. Some of these tools offer you the ability to opt out of data collection.
Cookies and Data Collection Tools
We use browser cookies and similar information-gathering technologies such as web beacons on our website.
We use third-party analytics services like Google Analytics and Optimizely on the website. These services use Data Collection Tools to help us analyze use of the website. Their collection and use of information is subject to their own privacy policies.
We use third-party advertising services like Adnium, Adsterra and other ad networks and ad servers to deliver advertising about other websites you may be interested in. The ads may be based on the content filters you’ve chosen to use to browse our website.
How We Use the Data We Collect
We use the data we collect through your use of the website to:
Provide and administer the website, including to display customized content, process transactions, and improve the performance of the website;
Communicate with you about your account by:
Responding to your questions and concerns;
Sending you transaction-related information;
Sending you information about updates to your Favorites, new services, new features, promotions, newsletters, and other information (which you can opt out of at any time);
Manage your account preferences;
Market and administer surveys and promotions administered or sponsored by Kink;
Improve our website and develop new products, services, and features;
Monitor and analyze trends, usage, and activities in connection with our website;
Detect, investigate, and prevent fraudulent transactions, abuse, and other illegal activities;
Perform accounting and administrative tasks, and enforce or manage legal claims; or
As we, in our sole discretion, otherwise determine to be necessary to ensure the safety or integrity of our users, employees, third parties, the public, or our company
We retain the personal data we collect for so long as reasonably necessary to fulfill the purposes for which the data was collected, to perform our contractual and legal obligations, and for any applicable statute of limitations periods for the purposes of bringing and defending claims.
Who We Share Your Data With
With Service Providers, Contractors, and Agents
We share your data with third-party companies who perform services on our behalf, like payment processing, data analysis, fraud detection, marketing and advertising services, email and hosting services, and customer services and support. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service.
As part of our use of third-party analytics tools like Google Analytics, we share certain Account Data, System Data, Usage Data (as detailed above), or de-identified data as needed. De-identified data means data where we’ve removed things like your email address and replaced it with a number that is not directly tied to you.
For Security and Legal Compliance
We may disclose your data to third parties if we (in our sole discretion) have a good faith belief that the disclosure is:
Required by law;
Reasonably necessary as part of a valid subpoena, warrant, or other legally-valid request;
Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues; or
Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of our company, our users, employees, or members of the public.
We can disclose or use aggregate or de-identified data for any purpose.
With Your Permission
How We Protect Your Information
We employ technical and organizational measures such as firewalls and encryption that are designed to appropriately protect your information that is under our control and that we process on your behalf from unauthorized access collection, use, disclosure, copying, modification or disposal, both during transmission and once we receive it. We store all information that you provide to us on secure servers. However, no method of transmission over the internet or method of electronic storage is completely secure.
Your password is an important part of our security system, and it is your responsibility to protect it. You should not share your password with any third party, and if you believe your password or account has been compromised, you should change it immediately and contact email@example.com with any concerns.
Your Choices and Rights
You have certain rights around the use of your data, including the ability to opt out of promotional emails, cookies, and collection of your data by certain analytics providers. You can update your account from within the website, and can also contact us for individual rights requests about your personal data.
You can choose not to provide certain data to us, but you may not be able to use certain features of the website.
You may update, correct or delete your account information by editing your account settings or emailing firstname.lastname@example.org.
The browser or device you use may allow you to control cookies and other types of local data storage. Your wireless device may also allow you to control whether location or other data is collected and shared.
You can control messages that you receive from Kink and third parties by using the unsubscribe mechanism in the promotional communication you receive or by changing the email preferences in your account. Note that regardless of your email preference settings, we will send you transactional messages regarding the website, including administrative confirmations and order confirmations.
We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. You can contact us by sending an email to email@example.com.
Rights that you may have, depending on the country in which you live, include:
Accessing, correcting, updating, or requesting deletion of your information;
Objecting to processing of your information, asking us to restrict processing of your information, or requesting the portability of your information;
Withdrawing your consent at any time if we have collected and processed your information with your consent. Withdrawing your consent will not affect the lawfulness of any processing that we conducted prior to your withdrawal, nor will it affect processing of your information conducted in reliance on lawful processing grounds other than consent.
Complaining to a data protection authority about our collection and use of your information. For more information, please contact your local data protection authority.
To learn more about the rights and options you have, you may find the following resources helpful:
In the US: http://www.aboutads.info/
In Canada: https://youradchoices.ca/
In the European Union: http://www.youronlinechoices.eu/
If you have any questions about your data, our use of it, or your rights, you may contact us at firstname.lastname@example.org.
California Privacy Notice
1. Collection of Personal Information
1.1 Categories of personal information that we collect about California consumers
Identifiers, such as name, alias, postal address, unique personal identifier, online identifier, internet protocol (IP) address, email address, account name, social security number, driver’s license number, passport number or other similar identifiers.
Customer Records, such as physical characteristics or description, telephone number, bank account number, credit card number, debit card number, or any other financial information.
Personal Characteristics or Traits, such as demographic data.
Customer Account Details / Commercial Information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet Usage Information, such as browsing history, search history, and information regarding a consumer’s interaction with our website, application or advertisement.
Geolocation Data, such as physical location or movements and travel patterns.
Sensory Data, such as audio recordings of customer service calls.
Inferences derived from personal information, such as information about your interests or purchase preferences.
Please note that we may not collect each of these categories about every consumer.
1.2 Categories of sources of personal information that we collect
We receive personal information from a variety of sources, including directly from you, your devices, or from our partners.
1.3 Business or commercial purpose for collection
We collect personal information for business and commercial purposes.
2. Categories of Personal Information Disclosed for a Business Purpose
We share personal information with service providers and other vendors.
3. Categories of Personal Information “Sold”
The CCPA’s definition of “sale” is broad and includes sharing practices. We disclose personal information to third parties for advertising purposes, which allows them to tailor your online experience, provide relevant content to you and measure its effectiveness.
We do not knowingly collect, disclose, or sell the personal information of consumers under the age of 16. Children under the age of 18 are not permitted to use our website. If you are a parent or guardian and become aware that your child has provided us with personal information, please contact us and we will work with you to address the issue.
5. CCPA Rights
The CCPA provides various rights to California consumers. These include rights to access, deletion, opt-out, and non-discrimination. This section provides more information about each right and how California consumers can exercise these rights under the CCPA.
We will make commercially reasonable efforts to identify your personal information that we collect, process, store, disclose and otherwise use and to respond to your requests. We reserve the right to charge a reasonable fee, or decline to act upon a request, if it is excessive or overly burdensome. If we deny your request, we will explain the reasons in our response.
5.1 Right to access
California consumers have the right to request that we disclose the personal information that we collect, use, disclose, and sell. This includes the right to request the categories of personal information we have collected about them, the categories of sources of personal information, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom we share or sell personal information, and the specific pieces of personal information we have collected.
You can request information about the personal information we disclose by emailing us at email@example.com. We try to fulfill access requests within 45 days of receiving the request. If we need more time or additional information to fulfill your request, we will write to let you know.
5.2 Right to deletion
Subject to some exceptions, California consumers have the right to request the deletion of the personal information we have collected from them.
Deletion requests may take between 30 and 60 days to fulfill. If we need more time or additional information to fulfill your request, we will write to let you know. You can request the deletion of your personal information by emailing us at firstname.lastname@example.org
5.3 Right to opt-out
California consumers have the right to opt-out of any “sale” of their personal information. As mentioned, the CCPA’s definition of “sale” is broad and includes sharing practices common among online businesses. You can request to opt-out by emailing us at email@example.com.
5.4 Right to non-discrimination
A business may not discriminate against a California consumer because the consumer exercised their rights under CCPA. Kink does not use the fact that you have exercised, or requested to exercise, any CCPA rights for any purpose other than facilitating a response to your request.
6. Do Not Track
California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn't an industry or legal standard for recognizing or honoring DNT signals, we don't respond to them at this time.
7. California’s “Shine the Light” Law
If you are a California resident, you are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes in the preceding calendar year.
We encourage you to manage your browser-based cookies by adjusting your device browser settings (e.g., Chrome, Edge, Firefox, Internet Explorer, or Safari).
10. Security and Protection of Personal Information
For more information on how we protect your personal information from unauthorized use and access, visit Section 10 of our User Privacy Notice.
We reserve the right to change this California Privacy Notice from time to time. Changes shall become effective on the date they are posted.
12. Additional information / Contact Us
If you have any questions about this California Privacy Notice, our global privacy standards, or our handling of personal data, you can find additional information and contact details for the eBay Privacy Team on our Privacy Center Contact Page.
Changes to This Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, and if we do we’ll post any changes, including any material changes, on this page, so please be sure to check back periodically. If you continue to use Kink after those changes are in effect, you agree to the revised Policy.
If you have any questions or comments about this policy, please contact us at firstname.lastname@example.org or send postal mail to:
Kink.comAttn: Privacy65 Langton StreetSan Francisco, CA 94103
California’s Proposition 65 entitles California consumers to special warnings for certain products that contain chemicals above certain threshold levels.
The general Proposition 65 notice is as follows: WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
DEHP WARNING: Some consumer products can contain Di(2-ethylhexyl)phthalate (DEHP), a chemical known to the State of California to be carcinogenic, and/or cause Birth Defects and Reproductive Toxicity by exposure through Touch, Oral, Dermal absorption.
18 U.S.C. §2257 Records Keeping Requirements Compliance Statement
Any record required to be kept pursuant to the above referenced regulation are maintained properly and in compliance.All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct appearing on, or otherwise contained in, this Website were over the age of eighteen (18) years at the time the visual image was produced. Records required by Title 18 U.S.C. §2257 are on file with the appropriate Records Custodian.All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. §2257, 2257A and/or 28 C.F.R. 75, because 1) they do not portray conduct as specifically listed in 18 U.S.C section 2256 (2)(A) (i) through (iv), 2) they do not portray conduct as specifically listed in 18 U.S.C. section 2257A, 3) they do not portray conduct listed in 18 U.S.C. section 2256(2)(A)(v) produced after July 27, 2006, or 4) are otherwise exempt because the visual depictions were created prior to July 3, 1995.
All records required to be maintained by federal law are in the possession of Custodian of Records: Peter A., and are available for inspection during normal business hours at 1155 Mission Street, San Francisco, CA 94103. The normal business hours for this company are: 9 am - 5 pm Monday to Friday. This location information supersedes all prior locations recorded for this business.