This policy describes our practices for collecting, using, maintaining, protecting, and disclosing the personal data we may collect from you or that you may provide when you visit our website www.cherry.tv (our “Website”), including any data you may provide when you sign up, buy services/virtual currency, or broadcast/post content. This policy applies to the personal data collected through our Website, regardless of the country where you are located.

The Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

Please read this policy carefully to understand our policies and practices for processing and storing your personal data. By engaging with our Website, you accept and consent to the practices described in this policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued engagement with our Website after any such revisions indicates that you accept and consent to them, so please check the policy periodically for updates.

1. Data We May 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).

Depending on whether you are an operator or an end user, we collect and use different types of data from and about you that we have grouped together as follows:

• Identity Data includes full name (operators only), stage name (operators only), username or similar identifier, social security number (operators only), government-issued photo identification (operators only), date of birth, gender, and selfie photo (operators only).
• Contact Data includes postal address (operators only), email address, and telephone numbers (operators only).
• Financial Data includes bank or other payment account (operators only) and payment card details (end users only). We store only limited, if any, Financial Data. Otherwise, our payment processor stores all Financial Data, and we encourage you to review their privacy policy and contact them directly for responses to your questions.
• Transaction Data includes details about payments to and from you and other details of content, virtual currency, or services you have bought from us or any operator through our Website or tips that you made to any operator through our 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 our Website.
• Device Data includes the type of mobile device (“Device”) you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, and IP address.
• Content Data includes photos, videos, or other digital content you create, broadcast, perform, or upload on our Website and information about the content you create, broadcast, perform, or upload, including metadata that is provided with that content. Please remember that Content Data that you post, broadcast, or perform may reveal personal data about yourself as well, including identifying information about yourself depicted in any photos, videos, or cam show.
• Profile Data includes your username and password, purchases made by you, your interests, preferences, feedback, and survey responses. Some information you choose to give us may be considered “special” or “sensitive” in certain jurisdictions, for example, your sex life and sexual orientation. By choosing to submit special or sensitive information, you consent to our processing of that information.
• Usage Data includes information about how you use our Website, products, and services.
• Marketing and Communications Data includes your preferences in receiving marketing from our third parties and us and your communication preferences.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data that will be used under this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data) unless you voluntarily provide it. Nor do we collect any information about criminal convictions and offenses.

3. How We Use Your Personal Data

We use your personal data to provide you with products, offer you services, communicate with you, deliver marketing, or to conduct other business operations, such as using data to improve and personalize your experiences. Examples of how we may use the personal data we collect include to:

• Identify you as an end user or operator on our Website.
• Present our Website and provide you with the information, products, services, and support that you request from us.
• Meet our obligations and enforce our rights arising from any contracts with you, including for billing or collections, or comply with legal requirements.
• Verify your age and identity.
• Collect and pay money owed to you if you are an operator.
• Collect and recover money owed to us.
• Engage in real-time monitoring and removal of content being streamed.
• Respond to your inquiries related to support or other requests.
• Fulfill the purposes for which you provided the data or that were described when it was collected.
• Deliver targeted advertising, newsletters, and other information.
• Notify you about changes to our Website, products, or services.
• Enable your participation in our Website’s interactive, social media, or other similar features, including interactive cam shows.
• Ensure that we present our Website content most effectively for you and for your computer or device.
• Administer our Website and conduct internal operations, including for troubleshooting, data analysis, testing, research, statistical, and survey purposes.
• Improve our Website, products or services, marketing, or customer relationships and experiences.
• Protect our Website, employees, or operations.
• Assist law enforcement and respond to subpoenas.
• Make suggestions and recommendations to you and other users of our Website about goods or services that may interest you or them.

We may also use personal data to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your data in this way, please adjust your user preferences in your account profile or email us at [email protected]. For more information, see Your Personal Data Use Choices.

We may use personal data to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal data 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.

We may use nonpersonal data for any business purpose.

4. Disclosure of Your Personal Data

We may share your personal data with:

• Any member of our corporate group, which means our subsidiaries, our ultimate holding company and its subsidiaries, and our affiliates.
• Business partners, suppliers, service providers, sub-contractors, and other third parties we use to support our business. Examples include analytics and search engine providers that assist us with Website improvement and optimization, payment processing providers that assist us in processing payments from you if you are an end user and payments to you if you are an operator, vendors that specialize in the validation of government identification to verify your age and identity, email delivery providers, hosting service providers, customer service providers, and marketing efforts. We may allow selected third parties to use tracking technology on our Website, which will enable them to collect data about how you interact with our Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. For example, we use Google Analytics to help us understand how our customers use our Website (you can read more about how Google uses your personal data here: https://policies.google.com/privacy?fg=1 ). You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout . We contractually require these third parties to keep that personal data confidential and use it only for the contracted purposes.
• To fulfill the purpose for which you provide it.
• For any other purposes that we disclose in writing when you provide the data.
• With your consent.

We may also disclose your personal data to third parties:

• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of that business or assets.
• To a buyer or other successor in the event of merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, where one of the transferred assets is the personal data we hold.
• To comply with any court order, law, or legal process, including responding to any government or regulatory request.
• To enforce or apply our terms of service and other agreements.
• To protect the rights, property, or safety of our business, our employees, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection, and credit risk reduction.

We may share nonpersonal data without restriction.

5. Consent to Personal Data Transfer

We are based in the United States of America. We may process, store, and transfer the personal data we collect, 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 our Websites, you consent to this transfer, storing, or processing.

If you are a Canadian resident or otherwise located in Canada, please note that personal data transfers outside of Canada may result in your data becoming accessible to foreign jurisdiction’s law enforcement or other authorities.

If you are located in the European Economic Area (EEA), Switzerland, or the United Kingdom (UK), please note that your information will be transferred outside of those areas, including to the United States. Nevertheless, whenever we transfer your personal data out of the EEA, Switzerland, or UK, we will use reasonable efforts to ensure a similar degree of protection is afforded to it by ensuring that the recipient third party agrees to contractual clauses or other appropriate safeguards.

6. Your Personal Data Use Choices

We strive to provide you with choices regarding the personal data you provide to us. We have created mechanisms to provide you with the following control over your data:

• Promotional Offers from the Company. If you do not wish to have your Contact Data used by the Company to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (e.g., the registration form) or by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a purchase, service experience, or other transactions.
• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Website may become inaccessible or not function properly. For more information about the cookies we use, please see Cookies and Automatic Data Collection Technologies.

We do not control third parties’ collection or use of your information to serve interest-based advertising. But these third parties may provide you with ways to choose not to have your information collected or used in this way.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: [email protected]. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

Our Website may, from time to time, have links to and from the websites of our partner networks, advertisers, and affiliates, or include 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 we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these third parties.

7. Accessing and Correcting Your Personal Data

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes. You have the right to request access to and to correct the personal data that we hold about you.

You can access, review, and change your personal data by logging into the Website and visiting your account profile page.

You may also send us an email at [email protected] to request access to, correct, or delete personal data that you have provided to us. We cannot delete your personal data except by also deleting your user account. We may not accommodate a request to change or delete information if we believe the change or deletion would violate any law or legal requirement or negatively impact the information’s accuracy.

If you delete your Content Data from the Website, copies of your Content Data may remain viewable in cached and archived pages or because other Website users have copied or stored them. Our terms-of-service agreement governs proper access and use of information provided on our Website, including Content Data.

8. Data Security

The security of your personal data is very important to us. We use physical, electronic, and administrative safeguards designed to protect your personal data from loss, misuse, and unauthorized access, use, alteration, or disclosure. We store all personal data you provide to us behind firewalls on servers employing security protections. We encrypt any payment transactions using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like live cam shows. 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 we do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our Website. Any transmission of personal data is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Website.

9. Data Retention

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including to satisfy any legal, accounting, or reporting requirements. Under some circumstances, we may anonymize your personal data so that it can no longer be associated with you. We reserve the right to use that anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

10. Withdrawing Your Consent

Where you have given your consent to the collection, use, and transfer of your personal data, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, you may contact us at [email protected]. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

11. Children’s Online Privacy

We do not direct our Website to minors, and we do not knowingly collect personal data from individuals under 18-years old. If we learn we have mistakenly or unintentionally collected or received personal data from an individual under 18-years old, we will delete it. If you believe we mistakenly or unintentionally collected data from or about an individual under 18-years old, please contact us at [email protected].

12. 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. We are committed to providing you with meaningful choices about the information we collect and that is why we give you the ability to opt-out. But our Website 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 about DNT, visit www.allaboutdnt.com.

13. Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights about our use of your personal data. To learn more about your California privacy rights, visit https://cherry.tv/ccpa.

California’s “Shine the Light” law (Civil Code § 1798.83) allows users of our Website that are California residents to request certain information about our disclosure of personal data to third parties for their direct marketing purposes. To make that request, please send an email to [email protected].

14. Your EEA/UK Privacy Rights

If you live in the EEA or the UK, the following terms apply to you.

If you wish to exercise any of the rights set out above, please contact us at [email protected].

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 may refuse to honor your request in these circumstances.

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 may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will let you know and keep you updated.

15. Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal data, we will notify you by email to the email address specified in your account or through a notice on our Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

16. Contact Information

Please address questions, comments, and requests regarding this privacy notice and our privacy practices to [email protected].