Privacy policy

Date of issuance: 31/08/2017

Welcome to our website!

The website www.thefetishblog.net (the “Website”) as well as any of the Fetish Blog applications (hereinafter collectively with the Website: the “Fetish Blog Service(s)” or the “Service(s)”) are owned and operated by the company TFB Group Sàrl, who can be reached at the email address support@thefetishblog.net (hereinafter: the “Company”, “us”, “we”). The Website as well as the Services may be accessed directly through the given address as well as through any other channel or addresses that would apply.

The definitions given in our Terms of Use (which are accessible at the address https://www.thefetishblog.net/terms-of-service) fully apply to this Privacy Policy, unless stated otherwise. IN ADDITION TO THIS POLICY, YOU MUST ALSO REVIEW OUR TERMS OF USE, TO WHICH THIS PRIVACY POLICY IS INCORPORATED, AS WELL AS ANY OTHER POLICY OR POLICIES OF WHICH YOU MAY BE NOTIFIED OF BY US FROM TIME TO TIME.

We respect our users\\' right to privacy, which is of utmost importance to us. Our Privacy Policy demonstrates our commitment to our users, and was designed to disclose our practices regarding in particular the following topics:

  1. Acceptance of the Privacy Policy
  2. What type of information we collect?
  3. For what purposes we collect the information?
  4. How do we collect your information?
  5. With whom we share the information and for what purpose? Where is it stored?
  6. How can you access or change your information?
  7. For how long we retain your information?
  8. How we protect your personal information?
  9. Jurisdiction and Governing Law
  10. Amendments to the Privacy Policy
  11. How to contact us

 

The Privacy Policy details the conditions at which, when you use the Fetish Blog Services, the Company may collect, keep, use and save Personal Information, as well as the choices that you have in relation to the collection, utilization and disclosure of such information.

1. Acceptance of the Privacy Policy

We invite you to read the Privacy Policy carefully and use it to make informed decisions.

By accessing or using the Website, or more generally any of the Fetish Blog Services, you expressly consent to the terms of the Privacy Policy, and to the collection, use and disclosure of your Personal Information (as specified below), in accordance with the terms of such Privacy Policy. You acknowledge that the Company may collect and process a certain number of personal data that relate to you, always in full accordance and respect of this Privacy Policy.

The Policy shall apply to any use or visit of the Website or of the Fetish Blog Services in general, whatever the method or medium used. By accessing, browsing or otherwise using the Website or the Fetish Blog Services in general, you acknowledge that you have read and understood this Privacy Policy and agree to be bound by it and to comply with all applicable laws and regulations. You also acknowledge that you have read and understood the Terms of Use that apply to the Fetish Blog Services and agree to be bound by them.

2. What type of information we collect?

a) Information provided by you

A certain number of functionalities of the Website and Services require login, in particular for the accessing of your personal profile. In this context, we collect and process information that identifies (or may lead to identifying) you and can be of private or sensitive nature ("Personal Information"), all of which are submitted by you. Personal Information may also be collected when you interact with us, for example by email. All and any of such Personal Information shall be saved on our servers. 

Personal Information includes in particular your name, surname, password, email address, status, relationship interest, social habits or preferences, height, weight, birthday and precise geo-location information. We also collect and process messages you send to other users through the Services (including photos, location data, audio or video files), as well as any other information you voluntarily submit to your profile or is generated by your use of the Services (collectively "Profile Information").

Please be aware that some of the information you submit through the Services shall be made public to other users via the Services, including (but not limited to) your username and other Profile Information, including the content you post, or any other information you voluntarily make public in the Service. You may configure how much information and what type of information you wish to share with other users and/or the public, within the limits of what the Services allow.

For any Personal Information and Profile Information you submit or share with the Company, you certify that:

  • You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize the Company to use, any and all such information, and that such use does not infringe the rights of any third party;
  • Any such information is fully compliant with all applicable laws, in particular in your country of residence as well as in the country from which you access the Services;
  • You have the written consent, release, and/or permission of any identifiable individual person in such information to use it in the Services.

b) Information transmitted by your device

When you visit, browse and/or make use of the Website or of the Services in general, we also automatically collect information transmitted by your device, including your IP address, device ID (which is unique to the device on which you install the application linked to the Service), geo-location information (via your GPS, WiFi or cellular technology in your device), certain software and hardware information about your device, including the type of browser and operating system your device uses, language preferences, access time, volume of data transferred, the domain name of the website from which you linked to the Service, as well as any other similar information and statistics that relate to your interactions with the Services and/or the Company. Such information may also be collected in relation to emails you receive from and/or send to the Company.

This information and data is collected automatically in particular through cookies (performance and tracking cookies, functional cookies, technical cookies, browser cookies, etc.)  and Web beacons. It is also collected through third party application and content tools such as Google Analytics (see Article 4b)).

The geo-location information linked to the Services is provided through and by using [Google Maps]. By using the Services, you hereby expressly agree to the applicable terms of use and privacy policy of such service, available at https://www.google.com/help/terms_maps.

c) Information collected from a social network

When you authorize a third party social network (in particular Facebook, Twitter, Instagram, etc.) to share information and data with the Company, the Company may receive any data that you publicly share on the social network as well as any information that is part of your profile or that you allow the social network to share (name, electronic address, gender, profile picture, user code, list of friends or contacts, etc.).

The Company also receives information pertaining to your profile when you use a social network functionality integrated to the Website, or more generally the Service, or that you interact with the Company through the social network. You should at all time be aware of the terms of use and privacy policy that applies to the third party social network and are of its exclusive responsibility.

d) Payment data

Should you use parts of the Services that imply a payment on your behalf, you shall transfer to the Company data relating to your payment information, whatever the medium chosen, in particular for credit card data (banking references, name of the account holder, card number, account number, expiration date, etc.). Any payment made in relation to the Services (in particular through the Website) may be delegated to a third party, mainly to ensure compliance with security and legal standards. Any and all terms of use and privacy policy of such third party shall fully apply and govern any processing and use of your payment data.

3. For what purposes we collect the information?

The collection and processing of Personal Information is required to offer you all functions of the Services and identify you as a user of the Services. It enables us to personalize your interactive user experience and facilitate your access to our Service, customize our features and services to your needs, track your content and your activities in order to deliver advertisements tailored to your interests (whether via our Service [including the Website], or websites or applications of third parties, or your e-mail address) and monitor the effectiveness of our Service and activities. We may also use the information to perform research, for technical diagnostics, analytics or statistical purposes, as well as conducting surveys.

We also use this information to deliver and improve our products and services, reply to your queries, requests and feedbacks and provide customer support, troubleshoot problems and manage your account, comply with our legal obligations, resolve disputes and enforce our Terms of Use and policies, in particular by avoiding any infringement to the Terms of Use (age of registration, etc.).

Your contact information may also be used to communicate with you (via email, newsletters, mobile notifications, etc.), including for our customized mailing list with respect to products or services (in particular our latest news) that may be of interest to you, either from us or other third parties. Our users\\' right to privacy is however of central importance to us. In any case of newsletters, you therefore may at all time request to stop receiving them by following the link that is given at the end of each newsletter. If you unsubscribe we will remove your email address from our marketing distribution lists and from any future lists we may share with our partners. However, you may need to separately unsubscribe from marketing offers sent by our marketing partners. Please note that you may not opt-out of emails or notifications relates to the operation of The Fetish Blog (as they are necessary for our normal operation – for example, alteration of the Privacy Policy, password recovery, etc.).

The Service also offer the possibility to send and receive messages from other users of the Services.

4. How do we collect your information?

a) In general

The Personal Information is collected either when it is submitted directly by you or when it is transmitted automatically from your device using various standard technologies, such as cookies, log files, web beacons or other similar technologies. Such technology is used to facilitate your access to the Services and analyze its traffic and usage, as well as identify malfunctions. It also allows the Company to enhance your experience with the Service as well as improve its content and conception.

A “cookie” is a piece of information that is placed automatically on your computer’s hard drive when you access certain websites. The cookie uniquely identifies your browser to the server. Cookies allow us to store information on the server (for example language preferences, technical information, click or path information, use of the Service, type of browser, etc.) to help make the web experience better for you and to conduct site analysis and website performance review. Most web browsers are set up to accept cookies, although you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Note, however, that some portions of the Website, as well as more generally of the Services, may not work properly if you refuse cookies.

"Web beacons" (also known as an "action tag" or "clear GIF technology"), or similar technology, helps analyse the effectiveness of websites by measuring, for example, the number of visitors to a site, how many visitors clicked on key elements of a site or what Web pages were visited.

b) Google Analytics in particular

It is possible that the Services (in particular the Website) use Google Analytics, an internet site analysis service supplied by Google Inc. (“Google”). Google Analytics uses cookies. The data generated by the cookies concerning your use of the Services (including your IP address) will be forwarded to, and stored by, Google on servers located in the United States. Google will use this information to evaluate your use of the Website, compile reports on site activity for its publisher and provide other services relating to the activity of the Website and the use of the internet. Google may release these data to third parties if there is a legal obligation to do so or when the third parties process these data for the account of Google including, in particular, the publisher of the Website or of the Services. Google will not cross-reference your IP address with any other data held by Google.

Unless you deactivate the use of cookies by selecting appropriate parameters on your navigator, by using the Services, you specifically consent to the processing of your personal data by Google under the conditions and for the purposes described above. The terms of use and privacy policy of Google Analytics shall fully apply (https://www.google.com/analytics/terms/us).

5. With whom we share the information and for what purpose? Where is it stored?

a) Service Providers

We may share Personal Information with our service providers, who are certified to use the information only for the purposes of providing certain services for you, or for us and for our affiliated companies and business partners (e.g. customer service, technical support, marketing assistance, analytics, ad tracking, service functionality and support, surveys, ad networks and advertising companies, etc.), including through their own use of cookies, Web beacons or other tracking technology (subject to their own conditions, privacy rules and terms of use, which are not covered by this Privacy Policy and for which we do not have any responsibility). Such transfer may also be made to help or participate in the Service’s operation, in particular by managing, hosting or maintaining them, to advertise or send marketing communications about our products, services and offers, to conduct research, monitor and analyze the network’s status. It may also be used to help fulfil business transactions with you, where relevant.

The information will be disclosed only to the extent required to perform any and all acts required for the Services. Service providers are not permitted to share or use Personal Information for any other purpose.

b) Information shared with other users and the public

Information, including Personal Information, you provided in the course of registering as a user may be viewable to other users of the Service, as well as information you shared with other users (e.g. photos you uploaded, your username, personal description, etc.), in compliance with the Terms of Use.

You acknowledge and agree that information you share with other users or provided in your profile is available to the public. You are responsible for protecting and enforcing your rights with respect to your Personal Information, as well as to ensure that you are fully allowed and authorized to use, communicate and publish such Personal Information. The Company has no obligation to inform you on your rights or obligations in this respect.

The Company may also publish and communicate Personal Information relating to you in relation to any competition to which you would participate in relation to the Services. This includes in particular the possibility of communicating your username and a link to your personal profile.

c) Other Disclosures

Personal Information may be disclosed to respond to appropriate requests of legitimate government agencies or where required by applicable laws, court orders (including subpoena, warrant or an investigative demand), or government regulations, as well as where deemed appropriate for corporate audits or to investigate or respond to a complaint or security threat, or in any other way to defend the Company or enforce its rights (including intellectual property rights). This may also be the case if we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud or other wrongdoing, safety of person or property, violation of our Terms of Use, other policies as well as applicable laws and regulations.

We may also share Personal Information with any of our affiliates, including any parent company, subsidiary, joint venture, or other companies under a common control, as well as in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, consolidation or asset sale). In such events, any affiliates or acquiring company shall assume the rights and obligations as described in this Privacy Policy.

Non-personal information (including aggregated information and de-identified Personal Information) may be shared with third parties.

Our Privacy Policy only addresses the use and disclosure of information we collect from you. Should you disclose Personal Information to other parties via the Service (e.g. by clicking on a link to any other website or location, when conducting a payment by credit card via our third party vendors [including Apple Store or Google Play Store) or via other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Such Personal Information you share may be available to the public and you are fully responsible for protecting and enforcing your rights with respect to it.

You are also fully responsible and aware that your Personal Information may be shared with a third party social network (in particular Facebook, Twitter, Instagram, etc.) as soon as you share information and data from the Website or the Service, through a social network functionality integrated to the Website, or more generally the Service. This is in particular the case when you use the "Invite" functionality on the Website or the Service and decide to share aspects of your profile on the social network. You should at all time be aware of the terms of use and privacy policy that applies to the third party social network and are of its exclusive responsibility.

d) Storing of your Personal Information

The Personal Information obtained through the Services is mainly stored in Switzerland, but may also be sent to other countries when appropriate. You expressly consent to such a transmission, being said that the Company shall respect all applicable rules and regulations and shall adopt all required and necessary measures prior to the transmission of data abroad.

6. How can you access or change your information?

If you have a user account in relation to the Services, you may review or update certain fields of your profile information at any time. You may also remove or disable your account, change your email address or password associated with your account, all in compliance to our Service\\'s methods.

In any case, you may refrain from providing us with any information you do not feel comfortable sharing. However, please be advised that failure of providing us with certain information may result in our inability to provide you the full features of our Service and/or allowing you to access one or all of the Services.

In any case, As a user, you can ask the Company whether it has stored any personal data on you, lodge a request for further information, receive a copy of the data stored in our systems (to that end, the Company shall require a copy of an official form of identification), subsequently instruct the Company to correct any erroneous personal data, as well as refuse any commercial use of your data by the Company.

Should you wish to make use of one or more of these rights, please contact the Company at: support@thefetishblog.net.

7. For how long we retain your information?

As a rule, we retain your Personal Information for as long as needed to provide the Service and to comply with our legal obligations, resolve disputes and enforce our agreements.

If you disable your account, remove your content and/or if one or several of the Services are closed, please note that some information may remain recorded, at least temporarily. Such a possibility exists in case of back-up systems, as well as for the purpose of record keeping integrity, analytical purposes, to prevent fraud or wrongdoing, enforce our Terms of Use, or take action we deem necessary to protect the security of our users or the integrity of our Service, or any action otherwise permitted by applicable laws and regulations.

The retention of Personal Information by third parties, received by them in compliance with our Privacy Policy, will be subject to their own privacy policies.

Anonymous information (including in particular data collected through the use of cookies) may be kept without any limitation.

8. How we protect your personal information?

a) Technology and security precautions

We use standard technology and security precautions, rules and other procedures to help safeguard your personal information from unauthorized access, improper use, loss, destruction and disclosure. Industry standard firewalls and password protection is also used to protect your identification information. However, we underline that no system can be completely secure, so that we do not promise, and you should not expect, that your personal information, chats, or other communications will remain secure in any case and at all time.

It is your personal responsibility to ensure that the computer you are using is adequately secured and protected against malicious software, such as Trojans, computer viruses and worm programs, as well as all email communication systems. You are aware of the fact that without adequate security measures (including secure Web browser configuration and up-to-date antivirus software) there is a risk that the data and passwords you use to protect access to your data, could be disclosed to unauthorized third parties. 

b) Promotional emails and SMS offers

In relation to possible promotional emails and SMS offers (cf. Article 3 above), and as a responsible member of the cyber community, the Company maintains a strict policy forbidding any third party from sending any sort of promotional emails on behalf of itself and/or of the Services, would it be solicited or unsolicited, unless you have been informed beforehand. This means we go beyond merely prohibiting spamming and demonstrates our strong "Anti-SPAM Policy".

In any case in which we would receive a complaint regarding one of our direct marketers/partners, or any other third party sending emails on our behalf, we shall immediately investigate the matter and take required measures, including termination of any account linked to the faulty direct marketer/partner or third party. Should you have been emailed by a third party in any matter that is connected to the Services, please report it to abuse@thefetishblog.net and we shall take immediate action. Please include the email you received in your message.

9. Jurisdiction and Governing Law

In order to answer at best to any of your concerns, you agree to notify us about any dispute or problem you may encounter with the Company, relating to the Privacy Policy.

You agree to make every possible effort to resolve a dispute with the Company, relating to the Privacy Policy, prior to any legal action.

Should all of these efforts not be successful, any claim or dispute regarding the Privacy Policy and/or the Services in general, whatever the cause or nature (including for non-contractual disputes or claims and their interpretation), shall be subject to the exclusive jurisdiction of the Courts of Porrentruy (Canton of Jura), Switzerland. You hereby expressly waive any and all possibility to proceed through class action or any other type of collective action against the Company.

The Privacy Policy, as well as all matters arising out or in relation to it (including non-contractual disputes or claims and their interpretation), shall be governed by the laws of Switzerland, to the exclusion of the rules on conflicts of laws.

10. Amendments to the Privacy Policy

This Privacy Policy may be amended and modified from time to time. You shall be notified of such amendments and changes by email if you have an account in relation to the Service. Should you not have an account, it is your responsibility to check and verify the up-to-date version of this Privacy Policy when accessing the Service.

Such changes shall be effective immediately. Your continued use of the Service, following the publication of such amendments on the Service and/or their notice to you, constitutes your acknowledgement and consent of such amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments.

11. How to contact us

If you have any questions or queries about our Privacy Policy, please contact us by email in the following address: support@thefetishblog.net


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