Privacy Policy

Last Updated: September 25th, 2024

Welcome to Tropical Sun Ltd.’s privacy policy.

Tropical Sun respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our websites (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

1. Important Information and Who We Are
2. The Data We Collect About You
3. How Is Your Personal Data Collected
4. How We Use Your Personal Data
5. Disclosures of Your Personal Data
6. International Transfers
7. Data Security
8. Data Retention
9. Accessing and Correcting Your Personal Data
10. Withdrawing Your Consent
11. Do Not Track Policy
12. US State Privacy Rights
13. Your Canadian Privacy Rights
14. Your EEA/UK Legal Rights
15. Glossary

1. Important Information and Who We Are

Purpose of this Privacy Policy

This privacy policy aims to give you information on how Tropical Sun Ltd. collects and processes your personal data through your use of our websites (www.acmecorporation.com, including any data you may provide through our websites when you sign up or buy or use a product or service, including when you buy clips, apply for a Clip Cash Card, or load funds on your Clip Cash Card.

This website is not intended for use by anyone under 18-years old and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

Tropical Sun Ltd. is the controller and responsible for your personal data (collectively referred to as “Tropical Sun,” “we,” “us,” or “our” in this privacy policy).

We have appointed a data protection officer (DPO) who is responsible for overseeing questions regarding this privacy policy. If you have any questions about this privacy policy, including any requests to exerciseYour EEA/UK Legal Rights, please contact the DPO using the details set out below.

Contact Details

If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following ways:

Full name of legal entity: Tropical Sun Ltd.

Email address: privacy@cwsuploadcentral.com

Postal address: Gladstonos & Evangelistrias, 1, Agathangelou Business Center, 3032, Limassol, Cyprus

You have the right to make a complaint at any time to the Office of the Commissioner for Personal Data Protection (CPD), the Cyprus supervisory authority for data protection issues (http://www.dataprotection.gov.cy/).

We would, however, appreciate the chance to deal with your concerns before you approach the CPD so please contact us in the first instance.

Changes to the Privacy Policy and Your Duty to Inform Us of Changes

We keep our privacy policy under regular review. This version was last updated on August 1, 2022. Historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-Party Links

This website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2. The Data We 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, last name, stage name, username or similar identifier, passport/driver’s license number, social security number/tax identification number, government-issued photographic identification, date of birth, gender, and selfie photo.

• Contact Data includes billing address, email address, and telephone numbers.

• Financial Data includes bank account 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 products and services you have purchased from us or any studio, including tributes that you have made to any studio.

• 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, audio (for example, music and other sounds), data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material you upload on or through our website and information about the content you upload. Please remember that Content Data that you post might reveal personal data about yourself as well, including identifying information about yourself depicted in any Content Data.

• Profile Data includes your username and password, including password hints and other information for authentication and account access, purchases made by you, your interests, preferences, feedback, and survey responses. Some information you choose to give us might be considered “special” or “sensitive” in certain jurisdictions, for example your sex life and sexual orientation. By choosing to provide special or sensitive information, you consent to our processing of that information.

• Usage Data includes information about how you use our websites, 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 collect Special Categories of Personal Data about you if you are a studio, specifically details about your race or ethnicity, sex life, and sexual orientation. Otherwise, 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. We do not collect any information about criminal convictions and offenses. We do not 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 do not provide that data when requested, we might 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.

3. How is Your Personal Data Collected?

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

• Direct interactions. You may give us your Identity, Contact, Financial, and Special Categories of Personal Data by filling in forms or by corresponding with us by phone, mail, email, or otherwise. This includes personal data you provide when you:

• buy products or services;

• create an account on our websites;

• activate a Clip Cash Card;

• add funds to a Clip Cash Card;

• request marketing to be sent to you;

• enter a competition, promotion, or survey; or

• give us feedback or contact us.

• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical and Usage Data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. We may also receive Technical and Usage Data about you if you visit other websites employing our cookies. Please see our Cookie Policy for further details.

• Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below:

  • Technical Data from the following parties:

    • analytics providers including Google based outside the EU;

    • third-party payment processors based inside and outside the EU; and

    • search information providers such as Google based outside the EU.

  • Contact, Financial, and Transaction Data from providers of technical, payment, and delivery services based inside and outside the EU. We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal data is governed by their privacy policies. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council.

  • Identity Data from providers of identity and age verification services.

• 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.

4. How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.

• Where you have given consent for us to use your Special Categories of Personal Data to provide certain services. (You may withdraw your consent for some uses of Special Categories of Personal Data at any time by contacting us.)

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

• Where we need to comply with a legal obligation.

Visit the Glossary to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before collecting Special Categories of Personal Data or sending third-party direct marketing communications to you by email or text message. You may withdraw consent to processing Special Categories of Personal Data or marketing at any time by contacting us.

Purposes for which We Will Use Your Personal Data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional Offers from Us

We may use your Identity, Contact, Technical, Usage, and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased digital goods or services from us or studios and you have not opted out of receiving that marketing.

Third-Party Marketing and Tracking

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Where you have provided us your consent, we may use technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See our Do Not Track Policy for information on how you can withdraw your consent to behavioral tracking on our websites and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

Where you withdraw your consent for receiving these marketing messages, this will not affect the lawfulness of the processing before your withdrawal.

Opting Out

You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out links on any marketing message sent to you, or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a purchase, product or service experience, or other transactions.

Cookies

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 our Cookie Policy .

Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of Your Personal Data

We may share your personal data with the parties set out below for the purposes set out in the table (Purposes for Which We Will Use Your Personal Data) above.

• Internal Third Parties as set out in theGlossary.

• External Third Parties as set out in theGlossary.

• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International Transfers

We may share your personal data with Tropical Sun Corp., which is based in the United States of America. This will involve transferring your data outside the European Economic Area (EEA).

Many of our external third parties are based outside of the EEA, so their processing of your personal data will involve a transfer of data outside the EEA.

If we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.

• Where we use certain service providers, we may use specific contracts approved by the European Commission that give personal data the same protection it has in Europe.

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

7. Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data Retention

How Long Will You Use My Personal Data For?

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

By law we have to keep basic information about our studios and customers (including Contact, Identity, Financial, and Transaction Data) for seven years after they stop being studios or customers for tax and 18 U.S.C. § 2257 compliance purposes.

Details of retention periods for any other aspects of your personal data are available on request by contacting us.

In some circumstances you can ask us to delete your data: seeAccessing and Correcting Your Personal DataandYour EEA/UK Legal Rightsbelow for further information.

In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Accessing and Correcting Your Personal Data

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

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

You may also send us an email at privacy@cwsuploadcentral.com to request access to, correct, or delete any personal data that you have provided to us. We cannot delete your personal data 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 negatively affect the information’s accuracy.

If you delete your Content Data from the websites, copies of your Content Data may remain viewable in cached and archived pages or because other website users have copied or stored them. Our terms-of-service agreement governs proper access and use of information provided on our websites, including Content Data.

10. Withdrawing Your Consent

Where you have given your consent to the collection, use, and transfer of your personal data, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, you may contact us at privacy@cwsuploadcentral.com. 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.

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 we collect 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, visit www.allaboutdnt.com.

12. US State Privacy Rights

US 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 POLICY 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 privacy@cwsuploadcentral.com.

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

• Confirm whether we process their personal information.

• Access and delete certain personal information.

• Data portability.

• Opt-out of personal data processing for targeted advertising and sales.

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

• Correct inaccuracies in their personal information, taking into account the information’s nature and processing purpose.

• 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 privacy@cwsuploadcentral.com. To appeal a decision regarding a consumer rights request, please send an email to privacy@cwsuploadcentral.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 right may submit a request to this designated address: privacy@cwsuploadcentral.com.

13. Your Canadian Privacy Rights

We comply with Canadian Federal and Provincial privacy laws and regulations, including the Personal Information Protection and Electronic Documents Act.

We will only use your personal information for the purposes intended and as detailed in this policy unless we have obtained your consent to use it for other purposes.

Residents of Canada are notified that the personal data they provide to us is stored in its 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 lawful demand under the laws of that country.

You may withdraw your consent to our personal data collection, use, or disclosure, subject to legal and contractual restrictions.

You have the right to complain about our personal data handling practices.

If you need to contact us about your personal data or believe that we have violated your privacy rights, please contact us at privacy@cwsuploadcentral.com. You may visit www.priv.gc.ca for more information about your privacy rights.

14. Your EEA/UK Legal Rights

If you live in the EEA or UK, under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

• Request access to your personal data.

• Request correction of your personal data.

• Request erasure of your personal data.

• Object to processing of your personal data.

• Request restriction of processing your personal data.

• Request transfer of your personal data.

• Right to withdraw consent.

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

No Fee Usually Required

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 could refuse to comply with your request in these circumstances.

What We May Need from You

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.

Time Limit to Respond

We try to respond to all legitimate requests within one month. Occasionally it could 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.

15. Glossary

Lawful Basis

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed, and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Third Parties

Internal Third Parties

Other companies acting as processors and who are based in the United States and Canada and provide IT and system administration services and undertake leadership reporting, including Tropical Sun Corp.

External Third Parties

• Compliance with Laws. We may disclose your information where we are legally required to do so to comply with applicable law, government requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

• Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

• Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents acting as processors based in the United States of America who perform services for us or on our behalf and require access to that information to do that work. Examples include payment processing, data analysis, email delivery, hosting services, customer service, marketing efforts, age and identity verification, and IT and system administration services. 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://www.google.com/int’l/en/policies/privacy/). You can also optout of Google Analytics here:https://tools.google.com/dlpage/gaoptout.

Your EEA/UK Legal Rights

You may:

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 which 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 which 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 which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

• If you want us to establish the data’s accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• 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.
• 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 which 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.