Privacy Policy

Privacy Policy Last Updated: Jun 5, 2023

VS Media, Inc. and FBP Media s.r.o ("Company" or "We") respects your privacy and is committed to protecting it through our compliance with the practices described in this privacy policy.

This policy describes our practices for collecting, using, maintaining, protecting, and disclosing the personal data we may collect from you or that you may provide when you visit our website located at www.40somethingmagchat.com (our "Website"). This policy applies to the personal data collected through our Website, regardless of the country where you are located.

The Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

Please read this policy carefully to understand our policies and practices for processing and storing your personal data. By engaging with our Website, you accept and consent to the practices described in this policy. This policy may change from time to time (see Changes to our privacy policy). Your continued engaging with our Website after any such revisions indicates that you accept and consent to them, so please check the policy periodically for updates.

1. Data we may collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store, and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name (broadcasters only), last name (broadcasters only), username or similar identifier, social security number/national identification number (broadcasters only), government-issued photo identification (broadcasters only), date of birth (broadcasters only), and gender (broadcasters only).
• Contact Data includes mailing address (broadcasters only), email address, and telephone numbers (broadcasters only).
• Financial Data includes bank account (broadcasters only) and payment card details. We store only very limited, if any, Financial Data. Otherwise, all Financial Data is stored by our payment processor and you are encouraged to review their privacy policy and contact them directly for responses to your questions.
• Transaction Data includes details about payments to and from you and other details of content or services you have purchased from us or any broadcaster.
• Technical Data includes internet protocol (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 Website.
• Content Data includes photos, videos, or other digital content you upload to or broadcast on our Website that reveals personal data about yourself. All communications, such as chat sessions, that take place through the Website are recorded and stored on our computers. Video of the sessions that shows the broadcaster only may be made publicly available through the Website or affiliated sites. Your face and the words you type will not be visible on these videos, but all audio of the session is included, and if your voice is audible during the session, it may be similarly audible on the video.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
• Usage Data includes information about how you use our Website, products, and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data) unless you voluntarily provide it. Nor do we collect any information about criminal convictions and offenses.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

2. How we collect data about you

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us information about you by filling in forms or by corresponding with us by email. This includes information you provide when you purchase products or services, including tokens; create an account on our Website; create a profile on our Website; broadcast on our Website; request marketing to be sent to you; enter a competition, promotion, or survey; or give us feedback or contact us. We may also ask you for information when you report a problem with our Website.
• User contributions. You also may provide Content Data for us to publish or display (“post”) on public website areas or transmit to other website users or third parties. You submit Content Data for posting and transmission to others at your own risk. Although you may set certain privacy settings for Content Data by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of any website users with whom you choose to share your Content Data. Therefore, we cannot and do not guarantee that unauthorized persons will not view your Content Data.
• Automated technologies or interactions. As you interact with our Website, we may automatically collect technical data about your equipment, browsing actions and patterns as specified above. We collect this information by using cookies, server logs, and other similar technologies (see Cookies and automatic data collection technologies). We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
• Third parties or publicly available sources. We will receive personal data about you if you visit other websites employing our cookies or from third parties including, for example, business partners (including affiliates in any affiliate marketing program); subcontractors in technical, payment, and delivery services; advertising networks; analytics providers; and search information providers.

Cookies and automatic data collection technologies

Our Website uses cookies (small files placed on your device) or other automatic data collection technologies to distinguish you from other Website users. This helps us deliver a better and more personalized service when you browse our Website. It also allows us to improve our Website by enabling us to:

• Estimate our audience size and usage patterns.
• Store your preferences so we may customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, certain parts of our Website may become inaccessible and certain features may not work correctly. Unless you adjust your browser settings to refuse cookies, our system will issue them.

Third-party use of cookies and other tracking technologies

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. They may associate the information collected with your personal data or they may collect information, including personal data, about your online activities over time and across different websites or other online services. They may use this information to provide you with interest-based (Behavioral) advertising or other targeted content.

We do not control how these third-party tracking technologies operate or how they may use the collected data. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

3. How we use your personal data

We use your personal data to provide you products, offer you services, communicate with you, deliver marketing, or to conduct other business operations, such as using data to improve and personalize your experiences. Examples of how we may use the personal data we collect include to:

• Present our Website and provide you with the information, products, services, and support that you request from us.
• Meet our obligations and enforce our rights arising from any contracts with you.
• Verify your age and identity if required by law.
• Collect and pay money owed to you if you are a broadcaster.
• Collect and recover money owed to us.
• Fulfill the purposes for which you provided the data or that were described when it was collected.
• Deliver targeted advertising, newsletters, and other information.
• Notify you about changes to our Website, products, or services.
• Allow you to participate in interactive features on our Website.
• Share data with third party company affiliates for purposes of creating a user account for the third party company’s site in addition to the Company’s website.
• Ensure that we present our Website content in the most effective manner for you and for your computer.
• Administer our Website and conduct internal operations, including for troubleshooting, data analysis, testing, research, statistical, and survey purposes.
• Improve our Website, products or services, marketing, or customer relationships and experiences.
• Protect our Website, employees, or operations.
• Assist law enforcement and respond to subpoenas
• Make suggestions and recommendations to you and other users of our Website about goods or services that may interest you or them.

We may also use personal data to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your data in this way, please email us at legal@vsmedia.com. For more information, see below under "Your personal data use choices".

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

We may use nonpersonal data for any business purpose.

4. Disclosure of your personal data

We may share your personal data that we collect, or you provide as described in this privacy policy:

• To our subsidiaries.
• To contractors, service providers, and other third parties we use to support our business. Examples include payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts. We may allow selected third parties to use tracking technology on the Website, which will enable them to collect data about how you interact with the Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. For example, we use Google Analytics to help us understand how our customers use the Website (you can read more about how Google uses your personal data here: https://policies.google.com/privacy?hl=en-US). You can also optout of Google Analytics here: https://tools.google.com/dlpage/gaoptout
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by the Company about our Website users is among the assets transferred.
• To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Your personal data use choices.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal data:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our agreements.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

We may share nonpersonal data without restriction.

We may also disclose your personal data:

1. Identity Data;
2. Contact Data;
3. Financial Data;
4. Transactional Data;
5. Technical Data;
6. Content Data; and
7. Profile Data.

5. Your personal data use choices

We strive to provide you with choices regarding the personal data you provide to us. We have created mechanisms to provide you with the following control over your data:

• Tracking technologies and advertising. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see Cookies and automatic data collection technologies.
• Disclosure of your data for third-party advertising. If you do not want us to share your personal data with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data (the registration form). You can also always opt-out by sending us an email with your request to legal@vsmedia.com.
• Promotional offers from the Company. If you do not wish to have your Contact Data used by the Company to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (the registration form) or by sending us an email stating your request to legal@vsmedia.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a purchase, service experience, or other transactions.

Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates, or plug-ins enabling third-party features. If you follow a link to any third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these third parties.

We do not control third parties' collection or use of your information to serve interest-based advertising. But these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Residents of certain jurisdictions, including California, Nevada, Colorado, Connecticut, Virginia, Utah, European Economic Area, and United Kingdom might have additional personal information rights and choices. Please see Your State Privacy Rights and Your EEA/UK Privacy Rights for more information.

6. Accessing and correcting your personal data

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. You have the right to request access to and to correct the personal information that we hold about you.

You can review and change your personal data by logging into the Website and visiting your account profile page.

If you want to review, verify, correct, or withdraw consent to the use of your personal information, you may also send us an email at legal@vsmedia.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

We will provide access to your personal information, subject to exceptions stated in applicable privacy laws and regulations.

If you are concerned about our response or would like to correct the information provided, you may contact our Privacy Officer at legal@vsmedia.com.

If you delete your Content Data from the Website, copies of your Content Data may remain viewable in cached and archived pages or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including Content Data, is governed by our Terms and Conditions.

Residents of certain jurisdictions, including California, Nevada, Colorado, Connecticut, Virginia, Utah, European Economic Area, and United Kingdom might have additional personal information rights and choices. Please see Your State Privacy Rights and Your EEA/UK Privacy Rights for more information.

7. Cross-border data transfers

We are based in the United States of America. We may process, store, and transfer the personal data we collect, in and to a country outside your own, with different privacy laws that may or may not be comprehensive as your own. Where we do so, and where we are required to under local law, we will put in place appropriate mechanisms to ensure that your personal data receives an adequate level of protection where it is processed.

Residents of Canada are notified that the personal data they provide to us is stored in our databases outside of Canada, including in the United States, and may be subject to disclosure to authorized law enforcement or government agencies in response to a lawful demand under the laws of that country. You have the right to complain about our personal data handling practices. You may visit www.priv.gc.ca for more information about your privacy rights.

If you are located in the European Economic Area (EEA), Switzerland, or the United Kingdom (UK), please note that your information will be transferred outside of those areas, including to the United States. Nevertheless, whenever we transfer your personal data out of the EEA, Switzerland, or UK, we will use reasonable efforts to ensure a similar degree of protection is afforded to it by ensuring that the recipient third party agrees to contractual clauses or other appropriate safeguards.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA or UK.

If you are not located in the EEA or the UK, by submitting your personal data or engaging with our platform, you consent to this transfer, storing, or processing.

8. Data security

The security of your personal data is very important to us. We use physical, electronic, and administrative safeguards designed to protect your personal data from loss, misuse, and unauthorized access, use, alteration, or disclosure. We store all personal data you provide to use behind firewalls on servers employing security protections. We encrypt all personal data that we collect from you.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to take care when providing information in public areas of the Website like live chats, which any Website visitor can view.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our Website. Any transmission of personal data is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Website.

9. Data retention

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We may use that anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

10. Children's online privacy

We do not direct our Website to minors and we do not knowingly collect personal data from individuals under 18-years old. If we learn we have mistakenly or unintentionally collected or received personal data from an individual under 18-years old, we will delete it. If you believe we mistakenly or unintentionally collected data from or about an individual under 18-years old, please contact us at legal@vsmedia.com.

11. Do Not Track policy

Do Not Track (“DNT”) is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information it collects and that is why we provide you the ability to opt out. But we do not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information about DNT, visit www.allaboutdnt.com.

12. Your State Privacy Rights

State consumer privacy laws might provide their residents with additional rights regarding our use of their personal information. To learn more about California residents’ privacy rights, visit CCPA Privacy Notice for California Residents. California’s “Shine the Light” law (Civil Code § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to nonparties for their direct marketing purposes. To make that request, please send an email to legal@vsmedia.com.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

1. Confirm whether we process their personal information.
2. Access and delete certain personal information.
3. Data portability.
4. Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

1. Correct inaccuracies in their personal information, taking into account the information’s nature and processing purpose.
2. Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights, please send an email to legal@vsmedia.com. To appeal a decision regarding a consumer rights request, please contact us at legal@vsmedia.com.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: legal@vsmedia.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements

13. Your EEA/UK Privacy Rights

If you reside in the EEA/UK, the following terms apply to you.

Legal Basis for Processing

We may process your personal data because you have given it permission to do so (e.g., by sending data through the Website’s contact or signup forms), because the processing is in our legitimate interests and it is not overridden by your rights, or because the Company needs to process your personal data to comply with the law.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Your rights may include the following:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons that will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.
• Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at legal@vsmedia.com

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

14. Withdrawing your consent

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact using the contact information listed below. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

15. Changes to our privacy policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal data, we will notify you by email to the email address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

16. Contact information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

1. VS Media, Inc.
   4607 Lakeview Canyon Rd. #338
   Westlake Village, CA 91361
   1-800-685-9236 (USA Only)
   1-818-880-9021 (Outside USA)
   legal@vsmedia.com


2. Consumers located in the EEA should direct all questions, comments, and requests to:
   
   FBP Media s.r.o., Vodičkova 791/41, Nové Město, 110 00 Praha 1 legal@vsmedia.com

We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this policy, and with applicable privacy laws. To discuss our compliance with this policy, please contact our Privacy Officer using the contact information listed above.