This Privacy & Cookies Policy (the “Policy”) dated September 25th, 2024 replaces all previous policies. Please take the time to review before you continue to use our products and services.
This Policy applies to any information you provide to us, including through this website, our mobile apps, communications by email and through social media, by telephone and in person. It also covers any information we receive from third parties.
By using our products and services, including browsing our websites, registering or logging in, you agree we may use your information as outlined in this Policy. If you do not wish to have your information used in line with this Policy, you must not use our products and services and not otherwise provide us with your information.
About us
Avery Asher, Inc. operates the software platform located on creatorlogin (the “Platform”).
Information we may collect and process about you
- Information you provide to us, including by way of example only, your username, email address, date of birth, and images and content you may share including age verification related content.
- Your IP address.
- Information with respect to accounts you’ve visited, products and services you’ve clicked on or shown an interest.
- Information, communications, and content you share through your account.
- Information, communications, and content stored and/or saved through your account.
- Information provided by other companies who have obtained your permission through their own privacy policies to share information about you.
- Information about your interaction with the Platform including any advertisements.
- Information we collect using cookies stored on your device about your use of the Platform and/or selected third party websites.
- Information we collect or remember using technologies similar to cookies, such as device identifiers on your mobile device.
- Technical information from your device relating to the service(s) you receive and/or access.
- Your communications with billing and support team members.
- Information relating to the location of your device.
How we may use your information
General Site Administration
By accessing the Platform, you agree that we may collect, hold, use, and otherwise process your content, data, communications, and information (including personal information) for the purpose of providing you with those products and services you request and/or access, as well as developing and operating our business. By providing us with your email address, you agree to receive emails from us or sent on our behalf providing you with messages regarding your account including, but not limited to, purchase confirmations, renewal confirmations, warnings, alerts (including alerts related users streaming broadcasts or content submissions), and newsletters. Should you determine to provide an email address, you may change your email address at any time.
Payment Processing
Please note that we contract with various third parties to carry out payment processing in connection with any purchases you may make through the Platform. The processing and storage of any and all information you may provide to any such third-party payment processor, including information they may collect from you, is not governed by this Policy. You will need to review the Privacy and Cookie Policy for such third party on their website.
Two Factor Authentication
When you enable two factor authentication to protect your account and select to associate a phone number with your account, you are adding this number to your account as well as providing it directly to a third party called Twilio. Their use of this information is outside of this Policy; however they do not receive any information regarding your account beyond the phone number you provide directly to them.
Fraud Prevention Services
We use third-party services in connection with preventing fraud and other damage to the Platform and systems. As such we may provide such services with your IP and device and access data to detect and prevent potential fraudulent or other abusive activity which activity may be damaging to the Platform and/or its members. This information will be retained indefinitely for the protection of the Platform and its users.
Content Assurance
All content, whether written, live, recorded, through photographs or otherwise, is subject to both automated and manual review to ensure that all such content complies with the Chaturbate Terms. For individuals who broadcast and elect not to share their face, including, by way of example, of wearing a mask or only broadcasting from a limited viewpoint, such individuals may receive periodic interruptions requesting a selfie to confirm their Age of Majority (as such term is defined in the Terms). These images are retained internally as a part of age verification records for review by our trained age verification team.
Registration Information and How it May be Used
General account registration: You will be required to provide a username and date of birth to demonstrate you meet the minimum age requirements set forth in the Terms & Conditions which is maintained internally for account access purposes. You will also be required to provide certain information that will be posted on your bio and is considered public information including an age through your bio page (note that this does not have to be your real age provided that you do not use the age function to suggest you ever accessed the Platform prior to reaching the Age of Majority) and gender information including your gender (which may be updated as and when you feel appropriate provided it is not used abusively), and what genders you are interested in communicating with. This information, together with any information you determine to provide in your account profile, (including by way of example only, your location and other optional data like “about me” and any wishlist(s)) will be publicly posted in connection with your username and is considered public information as set forth below, regardless of the use of a password on your profile.
Independent Broadcaster registration: In addition to the general account registration information above, you will be required, as more fully detailed below, to provide a color copy of your current government-issued photo identification together with a brief live video and/or burst of images of yourself. This information is retained by us in compliance with United States Federal law which, as of the date of this policy, requires all age verification documentation and images be retained for a period of seven (7) years from the date content was last made available through your account. Unless you elect to associate with a studio, before you can receive payment, you will be required to provide “pay to” information such as a bank account or home address. If you elect to have someone else (such as a business or romantic partner) receive payment, this individual will also be required to provide age verification information through your account. You may be required to provide certain taxpayer information. We report to the United States Internal Revenue Service, and all foreign countries’ equivalent services/agencies as we may deem required or appropriate, all moneys through the Platform to Independent Broadcasters.
Independent Affiliates: Should you determine to create an independent advertiser affiliate account with the Platform, you will be required to provide “pay to” information such as a bank account or home address. You may be required to provide certain taxpayer and age verification information, including completing the age verification process required of Independent Broadcasters. We report to the United States Internal Revenue Service, and all foreign countries’ equivalent services/agencies as we may deem required or appropriate, all moneys through the Platform to Independent Broadcasters.
Public Information
The Platform may provide message boards, blogs, chat, private/direct messaging, tip notes, content streaming, image sharing, and other user generated content facilities, in addition to user profiles. Anything that you share through any of these means is deemed public information regardless of your use of a password or other function to restrict users’ ability to view. You should always be careful when deciding to disclose your personal information. All public information is subject to review and monitoring for compliance with the Chaturbate Terms. Additionally, as noted in the Terms, we would remind you to exercise caution in sharing off-Platform links and methods of communication as 1. Sharing such information may intentionally or unintentionally disclose personally identifying information and 2. We are, with very rare exceptions, unable to assist with such links and communications because we are unable to verify any purported screen captures provided to us. When you purchase and tip tokens to other independent broadcasters and/or when you purchase a Platform subscription or fan club membership, this may change the color of your username based upon such activity.
Certain Information Use Out of Our Control
As noted above, all content and information shared through the Platform (other than your government issued identification and selfie submitted in the Independent Broadcaster and/or Independent Affiliate age verification account creation process) is considered public information. Should you determine to broadcast, upload, or otherwise share any content to the Platform, you understand that we cannot control the use of such public information by any user/observer of the Platform. Furthermore, we cannot control the use of any personal information you may determine to share, either intentionally or unintentionally, with other users/observers of the Platform. You should exercise caution in discussing your location, name, account information, and other identifying information. For privacy, we recommend using a unique username not in any way tied to any of your social media accounts or real name.
Location Based Services
Where we provide services that utilize your device’s location, we may permit other users of the service to block individuals in certain locations, based upon their IP, from accessing such users’ content.
Community Support
From time to time we may, directly or through one or more third parties, provide billing and other support to members and viewers of the Platform. Because we provide support to members and viewers, rather than “customer support” we refer to this service as “community support.” By contacting and/or reaching out to the Platform’s community support team(s), you understand that all such communications are subject to recording and monitoring by us and by the applicable third-party service provider, if any. All such communications may be retained and referenced for internal purposes as well as for future community support issues.
How we may share your information
Your username will be associated with all activities you undertake on the Platform including, without limitation, messages sent, content shared, and broadcast content. Your gender information is shared through your account and will be used to categorize your account and the content that you share so it is easier for Platform users to find. Your IP addresses, device data, and other use information are used by us in order to optimize the Platform for use. Your usage history may also be used to help our internal algorithm to recommend other Platform users to you. Your information may also be shared with third parties with whom we contract to provide certain services on our website such as third-party hosting services and site optimization services. Your “pay to” information, if provided to us, will be shared with third parties (such as, by way of example only, our banking and other financial services providers) only as necessary to process payments to you using the “pay to” information you have provided. All records collected in compliance with the Regulations, as such term is defined below, will be shared as required to comply with applicable law and regulations and as may be requested by you in writing. Notwithstanding the forgoing, we reserve the right to share any and all account information as we deem appropriate – in response to written request(s) from law enforcement or other third parties; should we believe, in our sole discretion, that you or your account may be involved with illegal activity; or, if we determine, in our sole discretion, that such disclosure is necessary to protect the rights or property of Chaturbate, Platform users, and/or third parties.
Safeguards and security for your information
We have measures in place to protect the security of your personal information from unauthorized access or use, such as by using encryption technology.
Information Deletion
Should you request your personal data be deleted, it will be deleted in compliance with our data retention policy and applicable law and rules. In order to avoid abuse of the Platform and to avoid anyone impersonating you, your username will be retained. If your use of the Platform is restricted for any reason (including, by way of example only, a suspension, ban, limitation on number of accounts, or otherwise) at the time you request deletion of your account and/or personally identifying information, your status with the Platform may be converted to a permanent ban and, whether or not the restriction is converted to a permanent ban, minimal records related to your account and restrictions will be retained as necessary to maintain your restrictions for the duration of the applicable restrictions. In the event that you have tokens, purchases/subscriptions, or content associated with your account at the time you request deletion, by requesting deletion you are agreeing that all such tokens, amounts, and content are being forfeited by you to us and that you shall not be entitled to any transfer or refund. You understand that requesting deletion of your account will not in any way require the deletion of records we believe necessary to comply with the Regulations; provided that we will only retain such records as required by the Regulations which Regulations may be amended or even replaced from time to time.
You can request permanent deletion using the Platform’s deletion tool here.
Biometric and AV Documents Policy
Biometric Data Collection and Storage Policy
This Biometric Data and AV Documents Collection and Storage Policy (the “Policy”) last updated July 28, 2023, applies to your use of Multi Media, LLC’s (“we,” “us,” or “our”) interactive chat platform available through Chaturbate.com (the “Platform”). Please take the time to review before you proceed with submitting your AV Documents. As used herein “AV Documents” refers to all images you may submit to us either directly or through a third party intended to comply with our age verification requirements which currently require a clear color image of your unexpired government-issued photo identification containing a recent and recognizable photo of you, together with a live burst/series of images taken of your ‘Selfie’. Your ‘Selfie’ will be displayed on your account’s age verification page, as well as used by the Chaturbate compliance team to ensure compliance with the Chaturbate Terms related to your broadcasts and/or Affiliate Referral payouts.
We use technology from Incode Technologies, Inc. (“Incode”) for identity verification, fraud prevention, and security purposes, (“Services”). Company and/or Incode may collect and generate biometric identifiers and biometric information, such as your faceprint (“Biometric Data”), a selfie image, and, where applicable, information from your government-issued identification or your interactions with Incode and Company systems while onboarding (collectively with Biometric Data, “Personal Data”) for the Services, and may disclose such data to service providers or government entities as required. Learn more about how your Personal Data is processed, including retention, Company’s and/or Incode’s terms, including mandatory arbitration and class action waiver, and data processing practices and deletion in this Policy and Incode Privacy Notice.
By ticking the box consenting to this Policy during the account creation process, you accept providing us with your identification Personal Data, including your Biometric Information, for Company’s and Incode’s collection, storage, retention, use, transfer and disclosure of such information to provide the identity verification services, consistent with this Policy and Terms & Conditions which you may find at https://chaturbate.com/terms/. Even if you consent, you have the right to request the withdrawal of your consent at any time by either deleting your account or disassociating your Person Code from an account with the understanding that we may be required to retain certain information in connection with age verification and other obligations.
If you do not wish to have your information used in line with this Policy, and Incode’s Privacy Policy, you must not submit AV Documents.
What is Biometric Data
Biometric data is any biological characteristics of a person, or information based upon such a characteristic, including characteristics such as those defined as “biometric identifiers” and “biometric information” under the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. “Biometric identifier” means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. “Biometric information” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual.
Biometric Data We May Collect and Process
When you submit AV Documents either directly to us or through a secure third party, including Jumio Corporation, a three-dimensional scan of your face geometry will be taken. You will be prompted to take a short burst/series of images of your face using the camera on your mobile device or other internet connected webcam. We, directly or through a secure third party, may also collect a similar face geometry during your live video broadcasts on the Platform for comparison to the biometric data collected during submission of your AV Documents.
Why is Biometric Data Collected?
Your biometric data is collected and used for age verification purposes in furtherance of our age verification procedures and practices, which exist to prevent underage and other unauthorized use of the Chaturbate platform. This information is used to further ensure that the individual providing the AV Documents is the person depicted in such documents and the person accessing the account(s) with which such documents are associated.
How is Your Biometric Data Stored?
The photo of your face from your AV Documents (the “Selfie”) will be cropped and stored separately from your original AV Documents and made available through a secure, close-ended system to our team of reviewers to confirm that you are the person appearing through your account. Your AV Documents with your date of birth and real name will be stored separately in a secure system. Your AV Documents will only be reviewed by members of our team engaged in age verification and routine audits of previously submitted age verification. Any and all biometric data generated from your AV Documents (the “Biometric Data”) is also stored securely and separately apart from your Selfie. The Biometric Data will only be used to verify your identification and, if and when the technology is implemented, to automatically review your live and recorded content to confirm you are the individual in such content.
How Long is Your Biometric Data Stored?
Your Biometric Data will be retained for the same period as your AV Documents which documents are retained as require by 18 USC § 2257 and its regulations (the “Regulations”). As of the date this Policy is written, the Regulations require that age verification documentation be retained for a period of seven (7) years from the last time content was available through your account(s).
Person Code
For each individual who successfully completes the required age verification procedures, such individual will be provided with a personal code number (“Person Code”) which such individual can use to track him/her/themself across accounts as well as in interactions with the customer support team. Each Person Code is unique and associated with only one individual. You should keep your Person Code confidential. Please note that for your security, in your dealings with the customer support, age verification, and other teams, you may still be required to provide additional information in order to verify you are the person associated with the Person Code.
No Obligation to Accept AV Documents
Notwithstanding anything herein to the contrary, we reserve the right to specify which government issued identification may be accepted based upon your location and our sole determination of the reliability of such documentation. As an example of documentation we do not accept, by way of example only and not limitation, we do not accept handwritten and/or paper documents.
Additionally, as more fully detailed throughout the Platform, particularly during the age verification process, the acceptable government-issued identification must contain a photograph of you that is both recent and recognizable. Again, by way of example only, identification containing photos of you as a young minor or photos from several years ago, regardless of your current age or age at the time the image was taken, may be rejected under this requirement. Additionally, by way of further example only, identification containing recent images which do not reflect alterations (such as surgeries, piercings, tattoos, or other modifications, whether temporary or permanent) in your face may also be rejected.
Cookies Policy
You should be aware that when you use the Site we may collect information using cookies or similar technologies.
What are cookies and how do they work?
Cookies are small files that are downloaded to your computer or mobile device when you visit a website. Your browser sends these cookies back to the website every time you visit the site again, so it can recognize you. This allows websites to tailor what you see on the screen.
Do we use other technologies which are similar to cookies?
Our websites, apps and emails often contain small invisible images known as ‘web beacons’ or ‘tracking pixels’. These are used in a way similar to cookies, to understand when a particular part of a webpage is viewed. Our apps often use device identifiers in the same way as cookies. A device identifier is a unique number on your device which allow us to remember your device.
What do we use cookies for?
Cookies make using websites much smoother and affect lots of the useful features of websites. There are many different uses for cookies, but they fall into four main groups:
- Cookies that are needed to provide the service you have asked for. Some cookies are essential so you can move around the website and use its features. Without these cookies, services you’ve asked for can’t be provided. These cookies gather information about you that can be used for remembering your browsing history or allowing you to stay logged in during your visit.
Ii. Cookies used to improve your browsing experience. These cookies allow the website to remember choices you make, such as your language or region and they provide improved features such as content provider recommendations and limiting the number of times a particular advertisement is shown to you.
iii. Cookies used to understand how people use our products and services. This allows us to keep track of what pages are popular to help other users find such pages.
- Cookies used to show advertising that is relevant to you based upon your viewing history.
We also use cookies in order to know how many advertisements we serve, how many times these are clicked or hovered over with a mouse cursor, how many advertisements we show to a given user and how many customer actions these generate.
We may also use cookies on the Site and advertisers’ sites to understand which customers reach a sale or other action page on an advertiser’s site. This allows us to monitor how effective our advertising is.
Some of our web pages will contain promotional links to other companies’ sites. If you follow one of these links and then register with or buy something from that other site, a cookie is sometimes used to tell that other site that you came from one of our sites. Such other site may then pay us a small amount for the successful referral. You will need to review the privacy policy of any website whose advertisement you click on as this Policy only applies to pages on our domain.
Contacting us and accessing your personal information
If you wish to review or receive a copy of the personal information we hold about you, we offer a self-serve tool here.
If you have any queries or comments about this Privacy & Cookies Policy OR if you wish to review or receive a copy of the personal information we hold about you, please write to us at:
Attention: Data Protection Officer
We reserve the right to charge an administration fee in relation to fulfilling a request for access to personal information which fee shall not exceed the maximum fee allowed by law.
Changes to this Privacy & Cookies Policy
We reserve the right to make changes to our Privacy & Cookies Policy. Changes to this policy will be posted here and will become effective as of the updated effective date. Your continued use of our website or platform will signify your acceptance of these changes.
Residents of the State of California.
Under the California Consumer Privacy Act, you have certain rights with respect to the personally identifying information you provide to us.
Copies of Your Personally Identifying Information.
For free, up to two times in any twelve-month period, you are entitled to obtain the following information for the immediately preceding twelve month period:
- The categories of information we have collected about you;
- The categories of sources of the information we have collected about you;
- The purpose for which we have collected such information about you;
- A copy of the personally identifying information we have collected about you; and,
- To be informed if we have sold or disclosed your personally identifying information to a third party and for what purpose.
In order to obtain a copy of this information with respect to your account, you may email using the following information:
Email address: support@camerly.com
For your privacy and protection, we will require certain information to confirm that it is you, the account holder, requesting the information. If there is no information associated with your account that we can verify, such as your email address or other information, we may be unable to complete your request. For your protection, responsive information will only be delivered to the email address assigned to the subject account. For an email address to be “assigned to an account” as used herein, it means the email address to which you receive account security notifications such as account recovery instructions; it does not mean the email address you may have provided in completing your Independent Broadcaster Agreement, if you completed an Independent Broadcaster Agreement.