Privacy Notice

Last Modified: August 17, 2023

INTRODUCTION

Aylo Freesites Ltd (hereinafter "we", "us" or "our") operates the Platform www.pornmd.com (hereinafter "PornMD" or the "Platform") and is the controller of the information collected or provided via this Platform.

This Privacy Notice (together with our Terms of Use and any other documents referred to on it) sets out the basis on which any Personal Information we collect from you, or that you provide to us, will be processed by us.

We respect your privacy and are committed to protecting it through our compliance with applicable privacy and data protection laws and regulations. Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. By using our Platform, you are accepting the practices described in this Privacy Notice. If you do not want your information to be processed as set out in this Privacy Notice, please do not provide any Personal Information to us and do not use the Platform.

If you have any questions about our privacy practices, please refer to the end of this Privacy Notice for information on how to contact us.

SCOPE

For the purposes of this Privacy Notice, “process”, “processed” or “processing” means any operation or set of operations performed on Personal Information or on sets of Personal Information (excluding disclosure thereof), whether or not by automated means, including one or several of the following operations: collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, alignment or combination, restriction, erasure or destruction.

This Privacy Notice applies to information we collect:

  • on the Platform; or
  • in e-mail and other communications between you and the Platform.

It does not apply to information collected by:

  • any other Platform operated by us (or our affiliates and group companies)
  • any Platform operated by a third party; or
  • any application or content (including advertising) that may link to or be accessible from or on the Platform.

THE DATA WE PROCESS ABOUT YOU AND THE SOURCE OF DATA

We only collect a limited amount of information by which users may be personally identified ("Personal Information").

When you access our Platform from a mobile device like a tablet or smartphone, we receive information about your approximate location from your IP address, information about your device, including one or more unique identifiers for your device.

Automated technologies or interactions: Information about your computer and internet connection. This includes your internet protocol address ("IP address"), your country of location (so we know which version of the Platform to display), operating system and browser and platform type (e.g., a Firefox browser on a Macintosh platform) and language, access times and the content of any undeleted cookies that your browser previously accepted from us. As explained in the section below on Cookies and Automatic Data Processing Technologies, we set cookies and other automatic techniques to process Platform activity data when you visit our Platform.

We may process different kinds of Personal Information about you, depending on how you chose to use our Platform, Personal Information, which we have grouped together as follows:

  • Technical Data includes 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 this Platform.
  • Profile Data (only applies when you decide to connect your Pornhub (PH) account): includes your username and password, purchases or orders made by you, if applicable, your interests, preferences, feedback, and survey responses.
  • Platform Activity Data: We process information about how you use our Platform products and services and interact with our content and advertisements, including the pages you visit in our Platform, search history, and the referring web page from which you arrived at our Platform. We process browser and operating system information, devices you use to access the Platform and your time zone setting. We also process online identifiers. Specifically, we process IP address information and we set cookies as explained below in the section on Cookies and Automatic Data Processing Technologies.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We do not collect special categories of Personal Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, political opinions, trade union membership, information about your health and genetic and biometric data) nor do we collect any information about criminal convictions and offences (except in cases where we may be required to collect information pertaining to sexual offences or trafficking). However, depending on how you use our Platform and services, your Personal Information may include information that allows drawing conclusions about your sex life or sexual orientation ("Sensitive Personal Information"). The collection, use and disclosure of such Sensitive Personal Information is necessary to provide some of our services to you.

Our Platform is not directed to persons under the age of 18 or the applicable age of majority in the jurisdiction from which the Platform is accessed (“minors”), and we prohibit minors from using the Platform. As indicated throughout this Privacy Notice, some users may be asked to provide some information to us and our service providers in order for us to make sure that they are over the age of majority required to have access to the Platform and to view the contents. We do not knowingly process personal information from minors. If you are the parent or legal guardian of a minor who has provided us with personal information, then please contact us at support@pornmd.com. to have that minor’s personal information deleted.

PURPOSES FOR WHICH WE PROCESS YOUR PERSONAL INFORMATION

We process personal information for the purposes described below.

  • Provision of services: to present our Platform and its contents to you and to provide you with information or services that you request from us;
  • Functionality and security: to diagnose or fix technology problems, and to detect, prevent, and respond to actual or potential fraud, illegal activities, or intellectual property infringement;
  • Compliance: We may process any of the categories of data we process to enforce our terms and conditions and to comply with our legal obligations. In certain jurisdictions, this includes our legal obligation to verify the age of users having access to our Platform.
  • Consent: for any other purpose with your consent provided separately from this Privacy Notice;

OUR LEGAL BASES UNDER CANADIAN AND EUROPEAN UNION (EU) PRIVACY LAW

We have the following legal bases under Canadian and EU privacy law for processing your Personal Information for the purposes described under Purposes for Which We Process Your Personal Information section:

  • We process Personal Information for the purposes of providing the services, certain customization of content (e.g., based on your selected preferences),
  • We process Personal Information for the purposes of customization of advertising, marketing, and analytics for our legitimate interests.
  • We process Personal Information for functionality and security because it is necessary for our legitimate interests, and in certain cases because the processing is necessary for us to comply with a legal or regulatory obligation.
  • We process personal information in specific circumstances where you have provided your consent to such processing.

DISCLOSURE OF YOUR PERSONAL INFORMATION

We disclose personal information:

  • To the public: When you submit user contributions including written/audio/video content, you are using our Platforms and services to make that information public.
  • Within our corporate group: We may disclose any of the categories of personal information to members of our corporate group (including affiliates and related entities) to the extent this is necessary for our purposes listed in the sections above.
  • Service providers: We disclose the categories of personal information we process to our authorized service providers that perform certain services on our behalf. These services may include payment processing and fulfilling orders, identity and document authenticity verification including biometric processing, age verification, risk and fraud detection and mitigation, customer service, marketing and advertising, customization of content, analytics, security, or hosting our Platform or supporting our Platform’s functionality. These service providers may have access to personal information needed to perform their functions but are not permitted to process such information for any other purposes.
  • Legal successors: We may disclose all of the categories of personal information we process to a buyer or other successor in the event of a merger, acquisition or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding.
  • To comply with the law or protect our rights or the rights of third parties: We access, preserve and share all of the categories of personal information with regulators, law enforcement or others where we reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues, (d) protect against harm to the rights, property or safety of our company, our users, our employees, or others; or (e) to maintain and protect the security and integrity of our Platform or infrastructure. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.

COOKIES AND AUTOMATIC DATA COLLECTION TECHNOLOGIES

As you navigate through and interact with our Platform, we use automatic data collection technologies, if available in your jurisdiction, to collect Platform activity data.

We use cookies, which are small text files that are stored in your web browser or downloaded to your device when you visit a Platform.

We currently use the following types of cookies, which are set by the Platform’s domains, or by other domains we own or control:

  • Strictly necessary cookies: These are cookies that are required for the operation of our Platform. These include, for example, cookies that enable a user to log in to our Platform and to check if a user is allowed access to a particular service or content.
  • Functionality cookies: These cookies help us to personalize and enhance your online experience on our Platform. This type of cookies allows us to recognize you when you return to our Platform and to remember, for example, your choice of language.
  • Analytics cookies: These cookies allow us to recognize and count the number of users and to see how users use and explore our Platform. These cookies help us to improve our Platform, for example by ensuring that all users are able to find what they are looking for easily. Additionally, we are using third party session recording technologies that help us better understand our users’ experience, however, the recording data is pseudonymized.
  • Targeting and Advertising cookies: These cookies record visits of a user on our Platform, the pages a user visits and the links a user follows in order to enable us to make our Platform more relevant to the user’s interests and to help us serve ads that might be of interest to the user.

Analytics, Functionality and Advertising / Targeting cookies can be switched off at any time by accessing the ‘Manage cookies’ option that is located at the footer of our Platform. However, if you decline to accept these cookies, some functionality on our Platform may be disabled and can interrupt your access to certain parts of our Platform.

Cookies can be either session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires, or you delete your cookies. Expiration dates are set in the cookies themselves; some may expire after a few minutes while others may expire after multiple years.

Do Not Track: Our systems do not recognize browser “Do Not Track” signals.

Use of Google Analytics. We use Google as a service provider to collect and analyze information about how users use the Platform, including, by collecting Platform activity data through first-party cookies set by our domains, and third-party cookies set by Google. Because we activated IP anonymization for Google Analytics, Google will anonymize the last octet of a particular IP address and will not store your full IP address. Google will use the information only for the purpose of providing Google Analytics services to us and will not use this information for any other purposes. The information collected by Google Analytics may be transmitted to and stored by Google on servers in the United States pursuant to standard contractual clauses approved by the EU. You can learn more on how Google uses data here, and you can opt-out of Google Analytics by visiting the Google Analytics opt-out page or by accepting only necessary cookies.

THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some content or applications, including advertisements, on PornMD are provided or served by third parties. These third parties may use cookies alone or in conjunction with other tracking technologies to collect information about you when you click to view, access, or use any of the third-party feature on PornMD or directed to such third-party Platform. Unless expressly stated otherwise, PornMD does not provide any personal information to these third parties, however, when you click on a third-party internet-based advertising, they may collect information, including your IP address, advertisements you click, time zone setting and location, and information about your browser, operating system, and devices you use to access PornMD to provide targeted content.

You can set your browser to refuse all third-party cookies, or to alert you when cookies are being sent.

YOUR CHOICES ABOUT HOW WE COLLECT, USE AND DISCLOSE YOUR PERSONAL INFORMATION

We strive to provide you with choices regarding the personal information you provide to us.

  • Unless we request, you can choose not to provide us with certain Personal Information, but that may result in you being unable to use or access certain features of our Platform because such information may be required in order for you to ask a question or initiate other transactions on our Platform
  • You may at any time, delete certain personal information that you have provided to us by contacting us at the email address/contact form provided in the Platform.
  • The cookie banner can be utilized to customize your cookie preferences. The cookie banner will record when you have consented to our cookies. Your cookie banner selection will be kept only for the specific session. The cookie banner specifically controls the Functionality, Analytics, and Advertising cookies set by using our website. Strictly necessary cookies cannot be disabled, nor can the tool be used to block cookies on third party websites linked from our website. You may access the cookie banner anytime by clicking on the ‘Manage cookies’ option that is located at the footer of our Platform.

YOUR RIGHTS RELATED TO YOUR PERSONAL INFORMATION

Subject to local law, you have certain rights regarding the Personal Information we collect, use or disclose and that is related to you, including the right.

  • to receive information on the Personal Information concerning we hold about you and how such Personal Information is used (right to access);
  • to rectify inaccurate Personal Information concerning you (right to data rectification);
  • to delete/erase your Personal Information (right to erasure/deletion, "right to be forgotten");
  • to receive the Personal Information provided by you in a structured, commonly used and machine-readable format and to transmit those Personal Information to another data controller (right to data portability)
  • to object to the use of your Personal Information where such use is based on our legitimate interests or on public interests (right to object); and
  • in some cases, to restrict our use of your Personal Information (right to restriction of processing).
  • to withdraw your consent at any time where our processing is based on consent (right to withdrawal of consent).

You may, at any time, send us an e-mail at support@pornmd.com. to exercise your above rights in accordance with the applicable legal requirements and limitations. If you are located in the European Economic Area or the UK, you have a right to lodge a complaint with your local data protection authority.

Please note that unless you have created an account with us, we may not have sufficient information to identify you and therefore may not be in a position to respond to your request. Additionally, in some cases in order to adequately verify your identity or your authorization to make the request, we may require you to provide additional information.

CALIFORNIA RIGHTS AND CHOICES

The California Consumer Privacy Act (“CCPA”) provides you certain rights in relation to your personal information:

  • Right to Know: You have the right to request that we disclose certain information about our processing of your personal information over the past 12 months, including the specific pieces of information we processed.
  • Right to Request Deletion: You have the right to request that we delete any of your personal information we processed from you and retained, subject to certain exceptions set forth in the CCPA.
  • Right to Non-Discrimination for the Exercise of Your Rights: We will not discriminate against you because you have exercised any of your rights under the CCPA.

To exercise the rights described above, please use the buttons at the bottom of this page or email us at support@pornmd.com with the email subject line “CCPA Request.” In either case you will need to provide the following information to verify your identity and enable us to locate your information in our systems: your username and email address that you used to create an account with us, as well as any other information which we may reasonably request in order for us to verify your identity. We may require you verify that you have access to your account and/or email account that you used to register with us.

You can designate an agent to make a request by executing a notarized power of attorney to have that person act on your behalf and providing that person with the information listed above that allows us to verify your identity and locate your information. Alternatively, you will need to directly confirm your identity with us using the methods described above, sign an authorization for the agent to act on your behalf and provide us with confirmation that you have done so.

We disclose certain categories of California residents’ personal information for our business purposes, as described in the section above titled Disclosure of Your Personal Information.

RESIDENT’S RIGHTS – JURISDICTIONS IN THE UNITED STATES, WHERE APPLICABLE

We do not sell, trade, or exchange the Registered Users’ personal information with anyone for money.

NOTICE TO LAW ENFORCEMENT

The following information serves as a guideline for law enforcement officials seeking disclosure of records. You may serve us a valid court order, subpoena, search warrant or equivalent legal or official administrative document by respecting the following conditions:

  • The document(s) is uploaded, and all required fields have been filed out adequately on our platform for Legal Service Process located at: https://legalservice.aylo.com/legal/datarequest;
  • The document(s) you are serving is correctly issued by a valid court of law or equivalent legal or administrative authority to us;
  • The document(s) is also sent by mail at the following address: 195-197 Old Nicosia-Limassol Road, Block 1 Dali Industrial Zone, Cyprus 2540.

We reserve the right to refuse online service through our Platform, namely in cases where the above requirements are not met and require formal legal service at the above address. In such event, you will be notified. We may raise or waive any legal objection or right available, in our sole discretion.

TRANSFERS OF YOUR PERSONAL INFORMATION TO OTHER COUNTRIES

Where the laws of your country allow you to do so, by using our Platform you consent to the transfer of information that we process about you, including personal information, to other countries in which we, members of our corporate group (including affiliates and related entities) or our service providers are located. When we transfer personal information to countries outside of the European Economic Area (“EEA”) or other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with the applicable laws. Where relevant, our transfers outside the EEA are made pursuant to standard contractual clauses approved for use by the EU.

RETENTION OF PERSONAL INFORMATION

We will only retain your Personal Information for as long as your account is active, or for as long as necessary to fulfil the purposes we processed it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Information, we consider a number of factors, including what Personal Information we are processing, the risk of harm from any unauthorised disclosure, why we are processing your Personal Information and whether we can achieve this outcome by another means without having to process it.

Where we no longer need to process your personal information for the purposes set out in this Privacy Notice, we will delete your personal information from our systems.

Where permissible, we will also delete your personal information upon your request as explained above in the section “Your Rights Related to Your Personal Information”.

CHANGES TO OUR Privacy Notice

We may modify or revise our Privacy Notice from time to time. If we change anything in our Privacy Notice, the date of change will be reflected in the “last modified date”. We may attempt to notify you of any material changes as required by law. Please also periodically review the most up-to-date version of our Privacy Notice, which will be posted at this location, so you are aware of any changes.

THIRD-PARTY LINKS AND SITES

If you click on a link to a third-party site, you will be taken to websites we do not control. This Privacy Policy does not apply to the privacy practices of these websites. Read the Privacy Policy of other websites carefully. We are not responsible for these third-party practices.

NO ERROR FREE PERFORMANCE

We do not guarantee error-free performance under this Privacy Policy. We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when we learn of any failure to comply with our Privacy Policy.

CONTACT INFORMATION

If you have any questions about this Privacy Policy or our information-handling practices, please contact us at support@pornmd.com.

You may also write to us at Aylo Freesites Ltd, 195-197 Old Nicosia-Limassol Road, Block 1 Dali Industrial Zone, Cyprus 2540, telephone us on +357 22662 320 or fax us on +357 22343 282.