KLIPI PRIVACY POLICY

1. Overview

KF Digital LTD and its subsidiaries (collectively, “Klipi,” “we,” “us,” “our”) operate and manage the www.Klipi.com online Platform (as defined below) where independent content creators can upload, publish, broadcast, license, share and sell original videos, tangible goods, or offer other services to users, and where creators and users can interact. The Platform is only open to consenting adults.

“Platform” refers to the hosting service operated and managed by us, available at www.Klipi.com (and including all of its subdomains, any predecessor or successor domain or URL), through which content is broadcast by Creators, licensed and sold using the tools and features provided by such Platform, as well as where Fans can view and post certain types of content, and where Creators and their Fans can interact online. “Creator(s)” refers to the content creators, producers or studios, registered as such with us, who are broadcasting content or are licensing or selling content through or on the Platform, in each case to their Fans. “Fan(s)” refers, with respect to any Creator, the individuals who follow the Creator and view the Creator’s content or otherwise interact with the Creator, in each case through the Platform. “User(s)”, as well as all second-person pronouns (such as “you”, “your”, “yours”), refers to any person using the Platform, including as Creator or Fan, or both. We note that all Fans and Creators are Users, but not all Users are Fans or Creators.

We respect your privacy and are committed to protecting the personal data we hold about you. If you have questions, comments, or concerns about this Privacy Notice or our processing of personal data, please see the bottom of this Privacy Notice for information about how to contact us. Klipi is the data controller of the personal data collected and is responsible for the processing of your personal data.

This Privacy Notice explains our practices with respect to personal data we collect and process about you. This includes information we collect through, or in association with, our Platform.

Please review the following to understand how we process and safeguard personal data about you. By using our Platform, and/or by voluntarily providing personal data to us, you acknowledge that you have read and understand the practices contained in this Privacy Notice. This Privacy Notice may be revised from time to time, so please ensure that you check this Privacy Notice periodically to remain fully informed.

2. Personal Data We Collect

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal data”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal data. To the extent this data is stored or associated with personal data, it will be treated as personal data; otherwise, the data is not subject to this Privacy Notice.

The types of personal data we collect about you depends on your interactions with us and your use of the Platform. We may collect the following categories of personal data from Users:

1. Identifiers such as a real name, alias, postal address, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
2. Characteristics of protected classifications under US federal law, laws of various states in the United States, or GDPR in the European Union member states.
3. Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
4. Biometric information. While we do not collect biometric information, if you choose to authenticate yourself through certain service providers we use, they may collect biometric information subject to their privacy policies, but we do not expect have access to that information.
5. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
6. Audio, electronic, visual, thermal, olfactory, or similar information.
7. Professional or employment-related information.
8. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code 1798.80(e)). These categories include identifiers (such as real name, alias, portal address, email address, online identifier IP address, account name, drivers license number, passport number, et.), internet or other electronic network activity information, and audio, electronic, visual, or similar information.

We strive to ensure that the Platform can be enjoyed by everyone, and to keep the content appropriate, tasteful and lawful. To do that, we may collect and process your personal data for the following business and commercial purposes:

1. Developing, improving, operating, providing, predicting, or performing, including maintaining or servicing accounts, enhancing the Platform and your experience with them, providing customer service, processing or fulfilling transactions, verifying your identity, and processing payments.
2. Communicating with you by email and text about the Platform, verifying your identity, responding to support inquiries or sharing information about the Platform.
3. Auditing related to a current interaction with the user and concurrent transactions.
4. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
5. Debugging to identify and repair errors that impair existing intended functionality.
6. Undertaking internal research for technological development and demonstration.
7. Undertaking activities to verify or maintain the quality or safety of the Platform, and to improve, upgrade, or enhance the Platform.
8. Complying with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law.
9. Enforcing our Terms & Conditions for Users and/or Terms of Service for Creators, and other usage policies.
10. As necessary or appropriate to protect the rights, property, and safety of our Users, Creators, us, and other third parties.

We will not knowingly use the personal data we collected for materially different, unrelated, or incompatible purposes without providing you with notice and seeking to obtain your consent.

We collect your personal data from the following categories of sources:

• Directly from you. When you provide it to us directly to open an account and use the Platform, or when you update the information in your account (see below for more information).
• Automatically or indirectly from you. For example, through and as a result of your use of and access to the Platform. We also collect IP addresses and browser types from the devices you use.
• Our service providers.

We process personal data for, or based on, one or more of the following legal bases:

• Performance of a Contract. By using the Platform, you have contracted with us through our Creator Terms of Service and/or User Terms & Conditions, and we will process certain personal data to perform under that contract.
• Legitimate Interests. We may process personal data for our legitimate interests, including complying with any applicable law, rule or regulation, investigation or remedy; enforcing our Terms & Conditions for Users and/or Terms of Service for Creators; protecting our, our users’ or others’ rights, property and safety; and detecting and resolving any fraud or security concerns.
• Compliance with Legal Obligations and Protection of Individuals. We may process personal data to comply with our legal obligations, including as required by valid legal process, governmental request, and to protect those individuals who use our Platform and others.

We share personal data with the following categories of third parties:

• Our service providers.
• Our affiliated entities.
• Government agencies or regulators when permitted or required to do so by law; in response to a request from a law enforcement agency or authority or any regulatory authority; and/or to protect the integrity of the Platform or our interests, rights, property, or safety, and/or that of our Users, Creators and others.

We share the following categories of personal data with the categories of third parties named next to them for a business purpose:

• Identifiers (e.g. name, address, email address, government ID, IP address): Service providers.
• Identifiers (e.g. account name): Creators and Fans.
• Personal information categories listed in various customer records statutes (e.g. government ID, bank account numbers): Service providers.
• Audio, electronic, visual, thermal, olfactory, or similar information (e.g. content you create): Service providers.

3. Your Rights Regarding Your Personal Data

You have certain rights regarding the collection and processing of personal data. You may exercise these rights, to the extent they apply to you, by contacting us at the information provided at the end of this Privacy Notice, or by following instructions provided in this Privacy Notice or in communications sent to you.

Your rights vary depending on the laws of the jurisdiction where you are a resident and that apply to you. These rights may include:

• The right to know whether, and for what purposes, we process your personal data;
• The right to be informed about the personal data we collect and/or process about you;
• The right to learn the source of personal data about you we process;
• The right to access, modify, and correct personal data about you;
• The right to know with whom we have shared your personal data with, for what purposes, and what personal data has been shared (including whether personal data was disclosed to third parties for their own direct marketing purposes);
• The right to withdraw your consent, where processing of personal data is based on your consent; and
• The right to lodge a complaint with a supervisory authority located in the jurisdiction of your habitual residence, place of work, or where an alleged violation of law occurred.

We seek to maintain the accuracy of any personal data collected from you, and will try to respond promptly to update our records when you tell us the information in our records is not correct. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please review all of your information carefully before submitting it to us. Any updates or corrections to your information may be made through privacy@klipi.com.

Depending on the laws that apply to you, you may obtain from us certain personal data in our records. If you wish to access, review, or make any changes to personal data you have provided to us through the Platform, please contact us at the information provided at the end of this Privacy Notice. We reserve the right to deny access as permitted or required by applicable law.

Your European Union and UK Privacy Rights

European Union and UK privacy law provides individuals with enhanced rights in respect of their personal data. These rights may include, depending on the circumstances surrounding the processing of personal data:

• The right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you;
• The right to request restriction of processing of personal data or object to processing of personal data carried out pursuant to (a) a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (b) performance of a task in the public interest;
• In certain circumstances, the right to data portability, which means that you can request that we provide certain personal data we hold about you in a machine-readable format; and
• In certain circumstances, the right to erasure and/or the right to be forgotten, which means that you can request deletion or removal of certain personal data we process about you.

Note that we may need to request additional information from you to validate your request. To exercise any of the rights above please email us at privacy@klipi.com.

California’s “Shine the Light” law permits our Users and/or Creators who are California residents to request and obtain from us a list of what personal data (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge. However, we do not disclose personal data protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

The California Consumer Privacy Act (“CCPA”) provides our Users and Creators who are California residents the following additional rights:

1. Right to Know: You have the right to request that we disclose certain information to you about the personal data we collected, used, disclosed, and sold about you in the past 12 months. This includes a request to know any or all of the following:
   • The categories of personal data collected about you;
   • The categories of sources from which we collected your personal data;
   • The categories of personal data that we have sold or disclosed about you for a business purpose;
   • The categories of third parties to whom your personal data was sold or disclosed for a business purpose;
   • Our business or commercial purpose for collecting or selling your personal data; and
   • The specific pieces of personal data we have collected about you.
2. Data Portability: You have the right to request a copy of personal data we have collected and maintained about you in the past 12 months.
3. Right to Deletion: You have the right to request that we delete the personal data we collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your personal data, we may deny your request or may retain certain elements of your personal data if it is necessary for us or our service providers to:
   • Complete the transaction for which the personal data was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you.
   • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
   • Debug to identify and repair errors that impair existing intended functionality.
   • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
   • Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
   • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
   • To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
   • Comply with a legal obligation.
   • Otherwise use the personal data, internally, in a lawful manner that is compatible with the context in which you provided the information.
4. Right to Opt-Out/In: You have the right to opt-out of the sale of your personal data. You also have the right to opt-in to the sale of personal data. However, we do not sell your personal data.
5. Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights. Unless permitted by the CCPA, we will not, solely as a result of your exercise of your CCPA privacy rights:
   • Deny you goods or services.
   • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
   • Provide you a different level or quality of goods or services.
   • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

To exercise your California privacy rights described above, please submit a verifiable request to us by emailing us at privacy@klipi.com.

You may only make a verifiable consumer request for Right to Know or Data Portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal data or an authorized representative. Depending on the nature of the request, we may need to verify your identity through an additional ShuftiPro verification cycle, which requires a government issued ID and a photo of yourself holding your government issued ID part of the verification process. (See below for more information). 
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.

Consumer Request by an Authorized Agent. If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require an email be sent to privacy@klipi.com along with all of the below items:

• Proof that you gave the authorized agent signed permission to submit the request.
• Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.
• To verify your identity, depending on the nature of the request, we may also require a valid Government Issued ID (not expired), email address, and the last 4 digits of the social security number.

We cannot respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request and confirm the personal data relates to you. Making a verifiable consumer request does not require to create an account with us. However, if you do have an existing login, we will require you to log in to submit a request. We will only use personal data provided in a verifiable consumer request to verify the request’s identity or authority to make the request.

We will acknowledge receipt of the request within 15 business days of its receipt. We will respond to a verifiable consumer request within 60 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response electronically. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Nevada law permits our Users and Creators who are Nevada consumers to request that their personal data not be sold (as defined under applicable Nevada law), even if their personal data is not currently being sold. Requests may be sent to privacy@klipi.com and are free of charge.

Under the Virginia Consumer Protections Act (“VCPA”), residents in Virginia have the right to access, correct, delete, know and opt-out of the sale and processing for targeted advertising purposes of their personal information. We are not, however, at this time subject to VCPA.

4. Your Choices

You have choices about certain information we collect about you, how we communicate with you, and how we process certain personal data. When you are asked to provide information, you may refuse to do so. However, if you choose not to provide information that is necessary for use or access of certain services or functions on our Platform, you may not be able to fully use our Platform and its services and functions, and, in addition, we reserve the right allow you access to our Platform or to terminate your access. Also, it may be possible to change your browser settings to block the automatic collection of certain information.

1. Communications Opt-Out. You may opt out of receiving email communications from us at any time by following the opt-out link or other unsubscribe instructions provided in any email message received, by contacting us as provided at the end of this Privacy Notice, or by changing your notification preferences in your “Account” settings. Note that if you use our Platforms in the future, you may not, subject to applicable law, opt out of certain automated notifications, such as order or subscription confirmations, based on business transactions (e.g., e-commerce).
2. Location Information. If you want to limit or prevent our ability to receive location information from you, you may be able to deny or remove the permission for certain services and functions on the Platform to access location information or deactivate location services on your device. Please refer to your device manufacturer or operating system instructions for instructions on how to do this.
3. Cookies and Web Tracking. Consult our [Link to Cookie notice here] for more information about how to control and/or opt out of certain web tracking technologies.

5. Protecting Personal Data

We use reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal data. Those safeguards include: (a) the encryption of personal data where we deem appropriate; (b) taking steps to ensure personal data is backed up and remains available in the event of a security incident; and (c) periodic testing, assessment, and evaluation of the effectiveness of our safeguards.

However, no method of safeguarding information is completely secure. While we use measures designed to protect personal data, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Platform are or will be secure.

6. Retention of Personal Data

We retain personal data for a period of six months after a User or Creator closes its account, and certain personal data for longer periods to the extent we deem necessary to carry out the processing activities described above, including but not limited to compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our Users, our Creators and other third parties. Under applicable law, we are required to retain certain financial information for seven years.

7. Other Important Information about Personal Data and the Services

We conduct periodic checks, and require checks for Users and Creators, to ensure that we do not knowingly make the Platform available to, or to collect personal data from, anyone under 18 (or if higher the age of majority or consent in the applicable jurisdiction) or anyone using a false identity and offer checks as an option for Fans. These checks involve providing certain information to one or more of our service providers, currently ShuftiPro which verify your identity. If you begin registering with us as a Creator, you do so with the understanding that your personal data will be transferred to ShuftiPro and processed subject to their privacy policies and terms and conditions. ShuftiPro require that you submit your passport or other government identification document and use facial analysis software to verify your identity. ShuftiPro also requires that you provide a photo of yourself holding your government identification as part of the verification process.

Payments made by Fans to access content are processed by our third-party payment providers. For example, when you make a payment that is processed by a payment provider, you will provide that third party with your credit card number, credit card expiration date, and security code, which they process and store subject to their privacy policy and terms of service. We do not receive your full credit card number, credit card expiration date, or the security code. Instead, the payment provider provides us with a “token” that represents your account, your card’s expiration date, card type and the first two and last four digits of your card number [To Be Confirmed]. If you are required to provide your name and email address to the payment provider, then they also provide us with that information. Payments issued to Creators for their content are made by us using the bank account information that we have collected and stored.

The Platform is not intended for anyone under 18. Anyone under 18 years of age (or if higher age of majority or consent in the relevant jurisdiction) is not permitted to use the Platform, and we do not knowingly collect information from anyone under the age of 18 (or if higher age of majority or consent in the relevant jurisdiction). By using the Platform, you represent that you are 18 years of age or older.

As a convenience, we may reference or provide links to third- party websites and services, including those of unaffiliated third parties, our affiliates, service providers, and third parties with which we do business (including, but not limited to, our service providers). When you access these third-party services, you leave our Platform, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third-party websites and services. You access these third-party services at your own risk. This Privacy Notice does not apply to any third-party services; please refer to the Privacy Notices or policies for such third-party services for information about how they collect, use, and process personal data.

We may, in the future, sell or otherwise transfer some or all of our business, operations or assets to a third party, whether by merger, acquisition or otherwise. Personal data we obtain from or about you via the Platform may be disclosed to any potential or actual third- party acquirers and may be among those assets transferred.

We currently do not use any cross-site tracking technologies and do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms. Note, however, that you may find information about how to block or reject certain tracking technologies in our [Link to cookies notice here].

Your personal data will be stored and/or processed in the United States, as well as in the European Union Member States, Canada, Hong Kong, Russia, Singapore, Switzerland, Thailand, Ukraine and the United Kingdom. By your use of the Platform, you acknowledge that we will transfer your data to, and store your personal data in, the above countries, which may have different data protection rules than in your country, and personal data may become accessible as permitted by law in the above countries, including to law enforcement and/or national security authorities in those countries. For transfers of data into and out of the European Economic Area, pursuant to Article 46 of the General Data Protection Regulation, we use data transfer agreements subject to EU-approved standard contractual clauses.

8. Modifications and Updates to this Privacy Notice

This Privacy Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the Platform. We reserve the right, at any time, to modify, alter, and/or update this Privacy Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised Privacy Notice. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this Privacy Notice, such as by posting a notice on the Platform or sending you an email. Your continued use of the Platform following our posting of any revised Privacy Notice will constitute your acknowledgement of the amended Privacy Notice.

9. Applicability of this Privacy Notice

This Privacy Notice is subject to the Creator Terms of Service and/or User Terms & Conditions that govern your use of the Platform. This Privacy Notice applies regardless of the means used to access or provide information through the Platform.

This Privacy Notice does not apply to information from or about you collected by any third-party services, applications, or advertisements associated with, or websites linked from, the Platform. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices, and under no circumstances are we responsible or liable for any third party’s compliance therewith.

10. Additional Assistance and Information

If you have any questions or concerns about this Privacy Notice and/or how we process personal data, please contact us at privacy@klipi.com.

In addition, we have appointed a data protection officer (“DPO”) who is responsible for, among other things, responding to questions, requests, and concerns in relation to this Privacy Notice and our use of personal data. You may contact the DPO as follows at: dpo@klipi.com.

We hope that we can resolve any query or concern you raise about our use of your information. If not, contact the Information Commissioner at https://ico.org.uk/concerns/ or telephone: 0303 123 1113 for further information about your rights and how to make a formal complaint.