Last Updated: 02/02/2021

PRIVACY POLICY

We, Webprocessing s.r.o (“Webprocessing”), a company registered and existing under the laws of the Czech Republic, with registration number 075 51 789, having its registered office at Pujmanové 1753/10a, Nusle, 140 00 Praha 4, Czech Republic, the provider of the website xvideos.red (hereinafter referred to as the “Website”). The provider of the Website is 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”).

This privacy policy describes how we collect, use, process, and disclose your information, including personal information, in conjunction with your access to and use of the Website. Please note that creating and using your account is an integral part of using the Website and we are unable to offer you access to the Website if you do not create an account. Therefore, when we refer to the use of the Website in this privacy policy, we also refer to the creation and usage of your account, unless specified differently. We process personal data only in accordance with this privacy policy.

By using the Website, you acknowledge that you have read this privacy policy and understand that your personal data may be processed, and how it 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, we may be unable to comply with our contractual obligations to you, may be unable to offer you the entire range of products and services available on the Website, and may prevent you from accessing the Website.

By accessing this Website, You consent to Webprocessing processing your personal data, including data that may reflect or concern my sex life, sexual preferences, and sexual orientation. You grant your consent on the basis that Webprocessing undertakes to rely on this lawful basis in order to be able to carry out its contractual obligations to you, protect and advance its legitimate business aims, and offer you the entire range of products and services available on the Website.

1. INFORMATION WE COLLECT

Personal data refers to any information that tells us something about you or that allows us to identify you, including your name, location data, bank account, passport, and online identifiers.

1.1. What personal data is being collected through the use of the Website?

We collect your personal information that we receive from you when you: create an account, enquire or make an application for our services, register to use and/or use any of our services and when you communicate with us through e-mail, the Website or portal, or any other means.
For these purposes, we need to collect the following data:

1.2. Special categories of data

In using the Website, and providing your consent, we will also process certain special categories of data, namely personal data that may reflect or concern your sex life, sexual orientation, and sexual preferences in order to comply with our contractual obligations and to protect and further our legitimate interests in, inter alia, providing you with customised content or tailoring your search preferences.

You may withdraw your consent at any time by changing your account settings. The withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal, but it may affect the services we can offer you where we rely on your consent.

1.3. Other information we automatically and necessarily collect from your use of the Website

We collect information about the services that you use and how you use them, such as when you watch a video on the Website, visit a website that uses our advertising services or view or interact with our ads and content. This information includes:

1.4. Information We Collect from Third Parties and Third-Party Links

We may collect information, including personal information that others provide about you when they use the Website, or obtain information from other sources and combine that with information we collect through the Website. We do not control or supervise and are not responsible for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.

Furthermore, to the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information and combine it with information we have about you.

Please note that this Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control or supervise these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy policy of every site you visit.

1.5. Accuracy of Information

It is also important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

2. HOW WE USE INFORMATION WE COLLECT

We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the Website, to protect us and our users, and to comply with our legal obligations. We also use this information to offer you tailored content – like giving you more relevant search results and ads – and to communicate with you when contact us. We rely on a number of legal basis for each of these purposes, set out below.

Please note that we may process your personal data in accordance with more than one lawful bases depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal bases we are relying on to process your personal data where more than one lawful bases has been set out.

Change of purpose: We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you require an explanation as to how the processing for any new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for a new and/or unrelated purpose, we will notify you and we will explain the legal basis which allows us to process your data for such a new and/or unrelated purpose.

Limitation of liability: For the avoidance of doubt, we do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any user Submission uploaded by you pursuant to the Terms of Service (“Third Party Personal Data”), and disclaim any and all liability in connection with the Third Party Personal Data.

2.1. Provide, Improve, and Develop the Website (including with any third parties)

Lawful bases: we rely on the following three lawful bases to process your personal data for the specific purpose of providing, improving and developing the Website as described above.

  1. Performance of a contract in order to adequately carry out the contract with you, such as enabling you to create an account and provide customer service.
  2. Legitimate business interests in order to improve the Website and our users’ experience with it, which we have determined can only be achieved by processing your personal data. We consider the processing of your personal data to be proportionate with your interests, rights and freedoms.
  3. Consent to the extent necessary to adequately perform our contract with you and customise your experience in using the Website, such as generating content preferences, consent to process special categories of data.

2.2. Protect us and our Users and Comply with Legal Obligations

Lawful bases: we rely on the following three lawful basis to process your personal data for the specific purpose of protecting us and our users and comply with legal obligations:

  1. Legal obligations to which we are subject, which may include disclosing your personal data to a third party or competent national authorities.
  2. Consent to the extent necessary to achieve the purposes set out above, such as transferring limited categories of your personal data to third parties against whom you have submitted a copyright infringement takedown request under the Digital Millennium Copyright Act (DMCA) or to whom you are responding with a copyright counter-notification, in accordance with the Terms of Service and as further described below at Clause 2.2.1.
  3. Legitimate interests in protecting our business, which includes protecting the Website and our reputation as a law-abiding business. We consider the processing of your personal data for these purposes to be proportionate with your interests, rights and freedoms.

2.2.1. Personal data processed when filing a copyright infringement takedown request or a counter-notification pursuant to paragraph 7C of the Terms of Service

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 Digital Millennium Copyright Act ("DMCA"), which are described further below.

What is the Digital Millennium Copyright Act (“DMCA”)?

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 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, we are 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.

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?

For the specific purpose of our processing of your copyright infringement takedown request / counter-notification which you may have submitted pursuant to paragraph 7C of the Terms of Service, you are required to provide the information needed to make a valid request, i.e.: (a) takedown webpage 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 entertainment business that respects intellectual property, abides 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 7C 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.

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?

In line with the mechanism provided for under the DMCA, explained above, we will also share with the takedown request claimant or the counter-notification claimant the following personal data to comply with and follow the prescribed steps under the DMCA: your name, your contact information, as well as the contents of your takedown request or your counter-notification. We rely on your consent to transmit your personal data to the addressees of your takedown requests or counter-notifications. By submitting a copyright infringement takedown request, you consent to your data being transmitted to the uploader of the material in question in line with and for the reasons explained above and detailed in our Terms of Service. Without your consent, we are unable to process your takedown request or counter-notification as prescribed under the DMCA.

2.3. Provide, Personalize, Measure, and Improve our Advertising and Marketing

Lawful bases: we rely on the following two lawful bases to process your personal data for the specific purpose of providing, personalising, measuring, and improving our advertising and marketing:

  1. Legitimate business interests in undertaking marketing activities to offer you products or services that may be of your interest. We consider the processing of your personal data to be proportionate with your interests, rights and freedoms.
  2. Consent to the extent necessary to process special categories of data in undertaking marketing activities and personalising the advertising and marketing content on the Website.

You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your account.

2.4. Your direct contact with us through our Website or by post, phone, email or otherwise

Lawful bases: when you contact us directly through our Website or by post, phone, email or otherwise, including for the purposes of exercising your rights under the GDPR or to submit any complaints, we will rely on the following two bases to process your personal data:

  1. Legitimate interests as a customer-friendly entertainment business that wants to improve the experience of the customers using our Website, to resolve satisfactorily any complaints made by our customers, or to respond to any requests for further information. We will process your personal data we deem necessary for these legitimate interests. Additionally, in rare cases where we reasonably determine that your direct communications with us or our staff are or become abusive, amount to harassment or are otherwise illegal under applicable laws, we may also process your personal data for these purposes and pass it onto the relevant governmental authorities if necessary. We consider the processing of your personal data to be proportionate with your interests, rights and freedoms.
  2. Legal obligations to process your personal data in cases where the applicable law compels us to communicate your personal data exchanged in direct communications with us to the responsible governmental authorities.

3. COOKIES POLICY AND GOOGLE ANALYTICS

Our Website uses session cookies and persistent cookies. To learn more about cookies, please visit our cookies policy, available at https://info.xvideos.red/legal/cookiepolicy, which explains how you can manage your preferences.

4. SECURITY

Note that all data is kept in a secure environment. We protect personal data by using appropriate safeguard procedures and measures, in particular:

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.

5. YOUR RIGHTS

You may exercise any of the rights described in this section by adjusting settings in your user account and, if it is not possible, you can contact us at the address listed in the Contact Us section.

We may need to request specific information from you to help us 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. We may also contact you to ask you for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

5.1. Managing your information

You may access and update some of your information through your account settings. You are responsible for keeping your personal information up-to-date in a secure place.

5.2. Rectification of inaccurate or incomplete information

You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your account) by contacting us at the address listed in the Contact Us section below.

5.3. Data access and portability

You have a right to request copies of your personal information held by us through a subject access request (although not necessarily in the same format held by us). You are also entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible). You may exercise this right and download your data in your user account settings by clicking “Export my data”.

5.4. Data retention and erasure

We generally retain your personal information for as long as is necessary for the performance of the contract between you and us, to protect our legitimate interest or legitimate interest of a third party and to comply with our legal obligations on data retention as provided by the applicable laws. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means.

If you no longer want us to use your information to provide you the service, you can request that we close your account and erase your personal data in your user account by clicking “Delete my whole account”. Please note that if you request the erasure of your personal information:

5.5. Withdrawing consent and restriction of processing

Where you have provided your consent to the processing of your personal information by us, you may withdraw your consent at any time by changing your account settings. The withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Please note that without your consent, we may be unable to offer you the entire range of products and services available on the Website.

Additionally, you have the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 5.6 and pending the verification whether the legitimate grounds of the Website provider override your own.

5.6. Objection to processing

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.

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.

5.7. Lodging complaints

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 Webprocessing is headquartered. More information about the Czech Data Protection Office is available at https://www.uoou.cz/en/. We would, however, appreciate the chance to deal with your concerns before you approach the Czech Data Protection Office so please contact us in the first instance.

6. OPERATING GLOBALLY AND SHARING YOUR DATA

Webprocessing operates globally, which means that your personal data may be transferred out the European Economic Area (“EEA”). We may also share your personal data with third parties to comply with our legal obligations and to run the business.

6.1. Transfer of your personal data outside the European Economic Area

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 Model Clauses and adequacy decisions issued by competent European authorities, to transfer your personal data outside the EEA.

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 (e.g., transferring your financing data to our payment providers to debit your payment card or account); (b) necessary for the conclusion or performance of a contract concluded for your interest between us and another natural or legal person (e.g., ensuring IT security); (c) necessary for the establishment, exercise or defence of legal claims (e.g., when transferring your personal data to the copyright infringement takedown request claimant or counter-notification claimant if you submit it pursuant to the Terms of Service); or (d) any other bases listed in Article 49 of the GDPR if applicable, such as seeking your consent.

6.2. Sharing your personal data with third parties

We share certain data within our corporate group of companies, which may be based outside the EEA, and 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:

7. CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time in accordance with this provision. If we make changes to it, we will post the revised privacy policy on the Website and update the “Last Updated” date at the top of this privacy policy. We will also send you an email to inform you of any changes. If you disagree with the revised privacy policy, you may cancel your account. If you do not cancel your account before the date the revised privacy policybecomes effective, your continued access to or use of the Website will be subject to the revised privacy policy.

8. CONTACT US

You may contact us at:

Name: Webprocessing s.r.o., Att. of Data Privacy Officer
Address: Pujmanové 1753/10a, Nusle, 140 00 Praha 4, Czech Republic
Email: xvideos@dpo.com