Privacy Policy

Last updated: May 2021

1. Who are we and what do we offer?

We are Exclusive.com. Exclusive.com is a tech company that helps Users to connect with their favourite content creators (the Creators). In doing so, we have developed an online platform (the Platform) on which Followers can buy or subscribe to exclusive content and services offered by the Creator through its personalized and dedicated Creator Page.

More information about our Platform is available on our website www.exclusive.com (theWebsite) and within the web-application (the App). The Platform, Website and App altogether form our Services.

2. Privacy Policy

This is our Privacy Policy. In this document we explain what kind of Personal Data we collect via our Services. We also explain what role we have in the processing of Personal Data, how long we retain them and what rights you have as a data subject.

3. Personal Data and the Privacy Legislation

We are all about respecting the privacy of our Users and Creators and protecting their Personal Data. We process Personal Data. Personal Data means all information by which a person can be directly or indirectly identified – in line with the definitions of the General Data Protection Regulation (GDPR) and other relevant legislation on privacy and data protection (collectively referred to as the Privacy Legislation).

4. Our role as Controller

We collect and process the Personal Data in the context of our Services. We determine the purposes and means of these processing activities. This means we act as Controller within the meaning of the Privacy Legislation.

5. What Personal Data do we collect as Controller?

Personal Data we process of Creators:

(Personal) Data:

Purpose(s):

Legal basis:

Contact information:

First and last name, alias, postal address, date of birth, e-mail address, password, social media usernames, country, gender, language preferences, preferred currency, profile picture(s), IP-address, social security number (if mandatory), (eventual) corporate information and (eventual) other information voluntarily added to you public profile.

When connecting via Social media:

Data from you Social media accounts (i.e. name, age, email address and profile picture) and the eventual other Personal Data you provide us access to.

We use this information to:

- enter into a Partner Agreement with you;

- registrate you as a (potential) Creator on the Platform;

- check whether you as (potential) Creator meet the quality requirements, among which the minimum number of followers on your social media account(s);

- create a creator account;

- improve the usability of our Services;

- send you notifications;

- provide you the other Creator-orientated Services.

- flag, report and prevent misuse, fraud and threats of/regarding to our Services.

We may process these data because this is necessary to perform our contract with you, i.e. to provide you the Services available through our Website and App.

We may process the optional Personal Data voluntarily provided through your social accounts based on your permission. In most cases, this permission can be withdrawn in the settings of your social account.

We may only send you notifications on your device, if you gave us your permission to do so. You can always withdraw your permission within the Website, the App and within the settings of your device.

Uploaded content:

Picture’s, video’s, Descriptions and other content you upload on the Platform.

We use this information to:

- host the content on your personal page;

- make sure the content is available for (purchase by) your Followers;

- promote your content and our Services outside the Platform.

We may process these Personal Data, because we need these Personal Data to perform our contract with you (i.e. deliver our Services related to your page on the Platform).

We may promote your content and our Services outside the Platform, because we have a legitimate interest to process these data. We can thereby namely attract more Users to the Platform, which is beneficial for the activity on the Platform. Next to that, you voluntarily made this content public.

Payment information:

Payment and wallet details required for performing payments.

We use this information to:

- process payments from your Followers;

- retain your wallet and earnings;

- pay out your wallet credit;

- include in our administration on behalf of the tax authorities.

We may process these data, because we need these Personal Data to perform our contract with you (i.e. provide our Services).

5.1 We are also legally obligated to share (some of) these data with the national tax authorities.

Know your Customer (KYC):

The information required in the context of KYC under local law, for example first- and last name, date of birth, address, social security number, driver’s licence number, passport number or other official identifiers.

We use this information to:

- enable our partner to perform a KYC research (if applicable);

- safeguard our Services and the Platform against illegal and unethical financial transactions.

We may process these Personal Data, because we are in some cases legally obligated to perform a KYC research. The processing of personal data will be limited to what is legally strictly necessary.

Personal Data we process of Followers:

(Personal) Data:

Purpose(s):

Legal basis:

Account information:

First and last name, alias, postal address, date of birth, e-mail address, password, social usernames, country, gender, language preferences preferred currency, profile picture, IP-address (eventual) other information voluntarily added to you public profile.

When connecting social media:

Data from you social media account (i.e. name, age, email address and profile picture) and the eventual other Personal Data you provide us access to.

We use this information to:

- registrate you as a User of the Platform;

- create an account for you on the Platform;

- improve the usability of our Services;

- send you notifications.

We may process these data because this is necessary to perform our contract with you, i.e. to provide you the Services available through our Website and App.

We may process the optional Personal Data voluntarily provided through your social account based on your permission. In most cases, this permission can be withdrawn in the settings of your social account.

We may only send you notifications on your device, if you gave us your permission to do so. You can always withdraw your permission within the Website, the App and within the settings of your device.

Payment information:

Payment and wallet details required for performing payments.

We use this information to:

- send you invoices;

- process and administer payments;

- maintain our list of accounts receivable and outstanding invoices;

- include in our administration on behalf of the tax authorities.

- flag, report and prevent misuse, fraud and threats of/regarding to our Services.

We may process these data, becausewe need these Personal Data to perform our contract with you.

We are also legally obligated to share (some of) these data with the national tax authorities.

Personal Data we may process of all Users and Creators :

(Personal) Data:

Purpose(s):

Legal basis:

If you contact us:

Your name, e-mail address and/or phone number and other (Personal) Data you share with us in your message.

We use this information to:

- contact you about your message;

- provide you information and/or support.

We may process these Personal Data, because we have a legitimate interest to process these data. We need these data to contact you about your message and/or to provide you support.

Services history:

Information on the history of Services already rendered to the User.

This includes, among other things, information about earlier correspondence and (technical) reports on rendered Services.

We use this information to:

- identify the User’s history of Services used and provide the Services on the basis thereof;

- improve further Services we provide to the Followers.

We may process these Personal Data because we need these Personal Data to perform our contract with you. Next to that, we have a legitimate interest to process these data in order to provide our Services.

If you report a violation:

Your name, e-mail address and/or phone number and other (Personal) Data you share with us in your violation report.

We use this information to:

- handle your violation report;

- contact you if we have any questions about the information you provided.

We may process these Personal Data, because we have a legitimate interest to protect our Platform from harmful and unlawful information.

Newsletters:

Email address and first and last name.

We use this information to:

- send you our newsletter and keep you informed on all our (future) activities and Services.

We may send you newsletters, if you gave us your permission to do so.

If you are a paying user, we may send you newsletters based on our legitimate interest to inform you about similar Services.

It is always possible to unsubscribe from our newsletter via the link at the bottom of each newsletter.

Via our social media pages:

Information you make public, when you leave a comment or otherwise post something on our social media channels.

We use this information to:

- contact you via our social media channels;

- process your feedback left on our social media channels.

We have a legitimate interest to use technical information, functional cookies and your IP-address, namely to analyse and improve our Services.

Technical information:

IP-address, functional cookies and technical information (i.e. type of browser and operating system).

We use this information to:

- analyse (the use of) our Services;

- solve problems;

- improve our Services;

- adjust the Services to the device used;

- flag, report and prevent misuse, fraud and threats of/regarding to our Services.

6. Cookies

We may use functional, tracking and/or analytical cookies on our Website and within our App. A cookie is a simple small text file that can be stored in your device when visiting the Website or App. This text file identifies your browser and/or device. When visiting our Website or App again, the cookie ensures that your browser/device is recognized.

We use the following types of cookies:

Functional cookies: Functional cookies are essential to the operation of our Website. They allow you to navigate through our Website and to use the functions incorporated in it.

Analytical or statistical cookies: Analytical cookies are used to check the quality and effectiveness of the Website. For instance, we can see how many users visit the Website and which pages are visited. We use this information to improve our Website and Services.

Tracking cookies: Tracking cookies monitor the clicking behaviour and surfing habits of our visitors. By means of these cookies we can see how you navigate through to our Website. We might use these cookies to show you advertisements based in your interests.

7. How long do we keep the Personal Data?

We will not process or store any Personal Data that we do not need. We store Personal Data for as long as we need it for the above purposes, unless we are legally obliged to retain the Personal Data for a longer period. In this respect, we apply the following retention periods:

We may also process all aforementioned Personal Data when we have a good faith belief it is necessary to detect, prevent and address fraud and other illegal activity. Personal Data that we process to prevent fraud (or users who have committed fraud), we store for a maximum of five (5) years.

After expiry of the aforementioned retention period, we may process and retain certain Personal Data to comply with legal retention obligations and/or for fraud/misuse investigations or to substantiate a (judicial) claim. In such events, we will retain the data separately and only use such data for the aforementioned purposes.

8. Who do we share the Personal Data with?

Processors

We use third parties (Processors) who support us in providing our Services. Within this context these Processors receive Personal Data from us which they process by our order. We use, for instance, Processors for hosting our data, managing our (internal) processes, send service updates and provide customer support.

These Processors may only use or disclose the data collected and processed by us within the scope of this Privacy Policy and under no circumstances for other purposes. We enter into a data processing agreement with all of our Processors in accordance with the Privacy Legislation.

External Controllers

In addition, some of the Personal Data may be processed by other controllers (External Controllers):

- Payments on the Platform will be processed by the third-party payment provider that Users choose on the Platform.

- We share our financial administration with the national tax authorities, because we are legally obliged to do so.

Any Personal Data provided to these External Controllers will be processed in accordance with their own privacy policies.

Apart from the above, we will not share your Personal Data with third parties, unless we are legally obliged to do so.

9. Export of Personal Data outside the European Union

We may transmit Personal Data to parties outside the European Union, if one of our Processors is established outside the European Union. The Personal Data will only be transferred to countries and/or parties that provide an adequate level of protection in accordance with the European standards. The transmission of data outside the EU will always happen in conformity with the Privacy Regulation (chapter 5 of the GDPR).

10. Third party websites

You may find advertising or other (hyper)links on our Website that link to the websites, products and services of partners, suppliers, advertisers, sponsors, licensors or other third parties. We do not control the content or the links that appear on these websites and we are not responsible for the practices employed by websites linked to or from our Website or App. In addition, these websites, products and services, including their content and links, may be constantly changing. These websites, products and services may have their own privacy policies, user terms and customer service policies. Browsing and interaction on any other website, including websites that are linked to or from our Website or App, are subject to the terms and policies of that website.

11. Data security

We take appropriate organizational and technical measures to protect Personal Data against loss or other forms of unlawful processing. These measures ensure a level of security that is appropriate to the data we process.

12. Changes of the Privacy Policy

The Privacy Policy may be changed from time to time. Please check our Privacy Policy frequently. The new Privacy Policy will be effective immediately upon posting on our Website. If we change our Privacy Policy significantly, then we will state so on our Website together with the revised Privacy Policy.

13. Your rights as a data subject and our contact data

As laid down in the Privacy Legislation, you have the right to:

If you have questions or concerns about this Privacy Policy or your privacy, you can contact us at exclusive@exclusive.com.

Exclusive.com B.V.
Kerkenbos 1301
6546BG Nijmegen
The Netherlands
Chamber of Commerce: 81060505