b) Category 2: a user of the Website who creates an account, but does not upload any videos or other material;
c) Category 3: a user of the Website who creates an account and uploads videos or other material; and
1.1 Information You Give to Us.We collect your personal information that we receive from you when you use the Website, including personal information you provide to us including when you: watch a video, 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 email, the Website or portal any other electronic means. Such information may include:
- your name including first name and family name, gender, date of birth, email address, billing address, username, password, photograph, nationality and country of residence, etc.;
- additional personal information (e.g., data reflecting or concerning a natural person’s sexual orientation).
1.2 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:
- Device information. We collect device specific information such as IP address, access dates and times, hardware and software information, device information and cookie data.
- Geo-location Information. When you use certain features of the Website, we may collect information about your approximate location as determined through data such as your IP address.
- Usage Information. We collect information about your interactions with the Website, such as the you view, your search queries and other interactions with the Website.
1.4 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 COLLECTWe 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 – like giving you more relevant search results and ads. 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.
- Enable you to access and use the Website.
- Enable you to communicate with other users.
- Operate, protect, improve, and optimize the Website, such as by performing analytics and conducting research.
- Provide customer service.
- Send you service or support messages, updates, security alerts, and account notifications.
- To operate, protect, improve, and optimize the Website, and personalize and customize your experience (such as making suggestions or ranking search results), we conduct profiling based on your interactions with the Website, your search and viewing history, your profile information and preferences, and other you submit to the Website.
2.2 Protect us and our Users and Comply with Legal Obligations.
- Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
- Conduct security investigations and risk assessments, including any reports third parties may file about you or the you have uploaded pursuant to the Terms of Service.
- Comply with our legal obligations, including assistance in the prevention of crimes, including child sexual abuse material or non-consensual sexual acts.
- Resolve any disputes with any of our users and enforce our agreements with third parties.
- Communicate with you regarding any abuse reports (if you do not submit them anonymously) or any copyright infringement takedown requests or counter notifications (which cannot be submitted anonymously) that you may file pursuant to the Terms of Service.
- Enforce our Terms of Service and other policies.
- legal obligations to which we are subject, which may include disclosing your personal data to a third party or competent national authorities.
- Consent to process certain special categories of personal data 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 filed 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.
- legitimate interests in protecting our business, which includes protecting the Website and our reputation as a law-abiding business to the extent appropriate. We consider the processing of your personal data to be proportionate with your interests, rights and freedoms.
2.2.1 Personal data processed when filing a takedown request or a counter-notification pursuant to paragraph 6C of the Terms of ServiceAlthough 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, NKL is required to process and transfer limited personal data between the individuals submitting a takedown request (i.e., the alleged copyright holder) and the uploader.
2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.
- Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about Website).
- Personalize, measure, and improve our advertising based on your characteristics and preferences (based on the information you provide to us, your interactions with the Website, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.
ii. To the extent necessary, we will also rely on your consent to process special categories of data in undertaking marketing activities and personalising the 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
- Respond to your queries regarding service or your complaints.
- Provide you with further information on privacy policies.
- Any other queries you may have for which you contact us.
3. COOKIES POLICY AND GOOGLE ANALYTICSOur website uses session cookies and persistent cookies. To learn more about cookies, please visit our cookies policy, available at https://xxxbestrank.mobi/s__info/legal/cookiepolicy, which explains how you can manage your preferences.
4. SECURITYNote that all data is kept in a secure environment. We protect personal data by using appropriate safeguard procedures and measures, in particular:
- We encrypt our services using SSL (you can reach our SSL protected website under https://xxxbestrank.mobi/s__www/).
- We use firewalls to protect your information.
- We review our information collection, storage and processing practices regularly, including physical security measures, to guard against unauthorised access to systems.
- We restrict access to personal information to employees, contractors and agents who need to know that information in order to process it for us and who are subject to strict contractual or other legal confidentiality obligations.
5. YOUR RIGHTSYou 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 our abovementioned address. Please note that we will ask you to verify your identity before taking further action on your request, and if we cannot identify you, we cannot act according to your request.
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 (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:
- most of the data are deleted right after account deletion, but we keep some information such as (email / login / IP) for one year after deletion as necessary for our legitimate business interests, such as fraud detection and prevention, copyright infringement and enhancing safety. For example, if we suspend an account for fraud or safety reasons or based upon alleged copyright infringement, we may retain certain information from that account to prevent that user from opening a new account in the future.
- We may retain and use your personal information to the extent necessary to comply with our legal obligations.
- Information you have shared with others (e.g., likes, forum postings) may continue to be publicly visible on the Website, even after your account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
- Because we maintain the Website to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
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. 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 NKL is headquartered. More information about the Czech Data Protection Office is available at https://www.uoou.cz/en/
6. OPERATING GLOBALLY AND SHARING YOUR DATAWhere 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. If we are unable to rely on these two bases, we will transfer data outside the EEA to the extent doing do is: (a) necessary for the performance of a contract between you and us; (b) necessary for the conclusion or performance of a contract concluded for your interest between us and another natural or legal person; (c) necessary for the establishment, exercise or defence of legal claims; or (d) any other bases listed in Article 49 of the GDPR if applicable, such as seeking your consent. We share certain data within our corporate group of companies 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:
- Government authorities;
- Third party service providers;
- Financial institutions;
- Providers of storage systems;
- IT services providers;
- Providers of services necessary for the performance of our activity (administrative activities, archiving, legal advice, receivables management, etc.).
8. CONTACT USYou may contact us at:
NKL Associates s.r.o., Att. of Data Privacy Officer
Email address: [email protected] Postal address: