Who we are and what we do
Acceptance and Changes
2. Children’s Privacy
We do not knowingly collect personal information from individuals who are under the minimum required ages specified herein. You must be at least 16 years old or the age of majority in your jurisdiction, whichever is greater, to use our services. Individuals under the applicable age may use our services only through a parent or legal guardian’s account and with their involvement. If you are a parent or legal guardian who believes your child has provided personal information to ClusterPunk.com without your consent, you may ask us to delete such information by contacting us at email@example.com.
3. Data We Collect About You
We collect information about you when you use our services. In addition, third parties may collect information about you when you use our services. Collected information may include or reflect personal information that could identify you, as well as non-personal information. We refer to your information as “your data” for short.
Content (Soon available)
Accountholders may create a profile and upload content such as videos, text, photographs, and artwork. Your profile may display information about you and your activities. This information may be accessed by others. Your videos may be viewed and otherwise accessed by others, and associated metadata (e.g., titles, descriptions, tags, etc.) are viewable by others. Your interactions with other users (e.g., comments, “likes,” private messages) may be seen by others. You may choose to limit the availability of your profile and videos. For more details, see Section 9.
If you submit images or videos to us in connection with our video creation and editing tools, we may analyze such content using a variety of techniques, including machine-learning algorithms, for the sole purpose of creating a video at your direction. In doing so, we may derive facial-related information from your content solely for the purpose of creating a video for you. This information may be used, for example, to locate a face within a frame. Facial landmarks are retained for 48 hours after a video editing session. We do not collect, use, or store any facial-related information for the purpose of recognizing faces outside of the limited video-creation purposes set forth herein.
Other Information You May Submit
You may submit data to us for limited purposes such as requesting customer support; answering a questionnaire; participating in a study; entering contests or sweepstakes; or signing up to receive communications from us or another user.
We collect your shipping address to send you products you have ordered.
Information Collected by Third Parties
Some third parties may collect data about you when you use our services. This may include data you submit or automatically-collected information (in the case of third-party analytics providers and advertising partners).
We may obtain data from third parties about you. We may combine that data with information that we have collected. For example, some advertisers or advertising platforms may allow us to determine what other online services you might use so that we may place relevant ads on those services.
4. How We Use Your Data
We may use your data for the following purposes:
- Identification and authentication:We use your data to verify you when you access your account.
- Operating our services:We use your data to provide our services, process and fulfill orders, provide customer support, and to otherwise comply with our contractual obligations to you. We (and/or our third-party vendors) use your financial information to process purchases made by you and to pay you amounts you have earned.
- Communicating with you:We use your data when we communicate with you (e.g., when we respond to a customer support or other inquiry).
- Improving our services:We use your data to understand how our services are being used and how we can improve them. In general, we analyze aggregated data, rather than specific user data. We may, however, need to analyze a specific case to address a specific problem (e.g., a bug that affects only a few accounts).
- Customizing your experience:We use your data to personalize the service to you. This may include remembering your preferences for language or volume or displaying videos that you might enjoy, based upon your viewing choices.
- Exercising our rights:Where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our service. For example, we may use your data to detect and prevent fraud, spam, or content that violates our Terms of Service.
- Legal compliance:We use your data where we are legally required to do so. For example, we may need to gather your data to respond to a subpoena or court order.
- Protecting your information:Where appropriate, we may anonymize, backup, and delete certain data.
We may use algorithms and other automated means to implement any of the above.
Whenever we process your data for one of these purposes, we have determined that one or more of the following lawful bases apply:
- Performance of a contract;
- Legitimate commercial interest;
- Compliance with a legal obligation; or
If you require further information about the balancing test that MH-Media has undertaken to justify its reliance on legitimate interest as a lawful basis of processing, see Section 11 for information on how to contact us.
5. With Whom We Share Your Data
We share data with third parties as follows:
- As you instruct:We may make your profile and videos available to others as you instruct in using our services. We may share your data with persons to whom you have granted account-level access.
- With your consent:We may share your data with third parties where we have obtained your express consent to do so.
- Authorized vendors:We may share your data with third-party vendors that help us operate our services, process orders, and comply with your instructions and our contractual obligations. This includes payment processors, content delivery networks (CDNs), cloud-based hosting services, monitoring services, email service providers, quality assurance and testing vendors, fraud and abuse prevention vendors, customer relations management (CRM) vendors, and shipment vendors.
- Analytics:We may share your data with analytics providers which help us understand how customers are using our services.
- Certain legal situations:We may share your data where we believe disclosure is necessary to comply with a legal obligation or in connection with a corporate transaction as discussed in Section 6.
- Aggregated or anonymized information:We may publicly disclose non-personal aggregated or anonymized information such as our number of visitors and registered users.
We use reasonable efforts to vet vendors for their privacy and data security practices. We require that such vendors agree to protect the data we share.
6. Legal and Safety-Related Disclosures
We may disclose your data in response to official requests (e.g., court orders, subpoenas, search warrants, national security requests, etc.) (“requests”) that we receive from government authorities or parties to legal proceedings.
We handle Dutch requests in accordance with Dutch Law. If the request originates from a foreign jurisdiction, we will typically disclose information where we in good faith believe that disclosure is permitted by both Dutch law and local law. In all cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
We may disclose user data where we reasonably believe that someone’s life is at risk. For example, if we become aware of a person threatening to commit suicide, we may share that person’s data with appropriate entities that may have the ability to help.
We may disclose user data to report suspected crimes. We report content suspected of exploiting minors to the National Center for Missing and Exploited Children (NCMEC) along with the data identifying the uploading user.
We may disclose user data in situations involving legal claims against us or one of our users. If you submit a Digital Millennium Copyright Act (DMCA) or other takedown notice, we may share that notice with the affected user. If you challenge such a notice, we may share your response with the complainant.
We may share your data with potential transaction partners, advisors, and others in the event our company is, in whole or part, acquired by a third party. In such case, we will use
7. Protecting Your Information
We use physical, technical, and organizational security measures to safeguard your data from unauthorized or accidental disclosure. Despite these efforts, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Users also have a role to play in keeping their data safe. We encourage you to use a unique and hard-to-guess password for your account and to not share it with others. You should only grant access rights to people who you know and trust, and, even then, you should be careful in granting all access rights. You should monitor your account regularly. If you believe that someone has gained access to your account without your permission, please contact us immediately so that we can investigate.
8. Your Responsibilities
You may receive other people’s data in using our service. If you receive information from other users, you must comply with all laws, including those concerning privacy, data security, and online marketing.
9. Third-Party Services
10. International Data Transfers and Certain User Rights
10.1 Location of Data
MH-Media is based in the the Netherlands. We provide services globally using computer systems, servers, and databases located in the Netherlands and other countries. When you use our services from outside of the Netherlands, your information may be transferred to and processed in the Netherlands. Please note that European data and privacy laws may not be as comprehensive as those in your country. Residents of certain countries may be subject to additional protections as set forth in Sections 10.2 and 10.3 below.
10.2 GDPR (EEA Users)
This Section 10.2 applies only to natural persons residing in the European Economic Area (for the purpose of this section only, “you” or “your” shall be limited accordingly). It is MH-Media’s policy to comply with the EEA’s General Data Protection Regulation (GDPR). In accordance with the GDPR, we may transfer your personal information from your home country to the Netherlands (or other countries) based upon the following legal bases:
- Legitimate business interests: We could not provide our services or comply with our legal obligations without transferring your personal information to the U.S.
- Our use of Standard Contractual Clauses (also known as “Model Clauses”) where appropriate.
- Our certification and adherence to the EU-U.S. and Swiss-U.S. Privacy Shield frameworks, as described further below.
If you have a request, complaint or inquiry, please contact our Data Protection Officer at the address listed in Section 15. We are committed to working with you to obtain a fair resolution of any issue. You also have the right to file a complaint with the supervisory data protection authority of your jurisdiction.
10.3 Privacy Shield (EEA, UK and Swiss Users)
This Section 10.3 applies only to natural persons residing in the European Economic Area, the United Kingdom and Switzerland (for the purpose of this section only, “you” or “your” shall be limited accordingly). MH-Media complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework (collectively, “Privacy Shield“) as established by the Dutch Department of Commerce regarding the collection, use, and retention of personal information transferred from the EU, the United Kingdom and/or Switzerland, as applicable, to the U.S.
MH-Media has certified to the Dutch Department of Commerce that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view MH-Media’s certification, please visit https://www.privacyshield.gov. By making this certification, MH-Media is subject to the investigatory and enforcement powers of the European Federal Trade Commission (FTC).
Where MH-Media has transferred personal information of EEA, UK or Swiss residents to third parties, MH-Media shall be liable if those third parties do not process personal information in compliance with the Privacy Shield Principles. This shall not be the case where MH-Media establishes that it is not responsible for the damage caused by the third party.
In accordance with Privacy Shield Principles, MH-Media commits to resolve complaints about our collection or use of your personal information. If you have inquiries or complaints regarding our Privacy Shield policy, you should first contact MH-Media at the address listed in Section 11.
If you have an unresolved complaint after contacting both MH-Media and JAMS, you may elect to arbitrate your Privacy Shield claims against MH-Media pursuant to Annex I of the Privacy Shield Principles, which provides for binding arbitration administered by the American Arbitration Association. Such arbitration will be binding upon you and MH-Media.
Right to Know. You have the right to request information about the categories and sources of personal information we collect, our purposes for collecting the information, and the types of third parties that receive that information. In addition, you have the right to request a copy of your personal information.
Right to Delete. You have the right to request that we delete some or all of the personal information that we have about you. Deleting all data will typically require the deletion of your account, along with all content, including your videos. Notwithstanding the foregoing, we may retain information to provide services you have ordered, complete transactions, honor opt-outs, prevent fraud, spam, and other abuse, comply with our legal obligations, cooperate with law enforcement, and to exercise and defend our rights.
Do Not Sell. You have the right to opt out of the sale of your personal information, and to request information about whether we have sold your personal information in the past 12 months. MH-Media does not sell personal information, and we have not done so in the last year. If we begin to do so, we will update this notice and provide a mechanism to opt out of any such sale.
Non-Discrimination. We won’t discriminate against you because you exercise any rights herein.
11. How to Contact Us
For any questions, inquiries, or complaints relating to your privacy, please contact us at: