Privacy & Cookies PolicyThis Privacy & Cookies Policy (the "Policy"), effective as of October 10, 2024, supersedes all previous policies. We encourage you to review this Policy thoroughly before continuing to use our products and services.
This Policy applies to any information you provide to us, whether through this website, our mobile applications, communications by email, social media, telephone, or in person. It also encompasses any information we receive from third parties.
By using our products and services, including browsing our websites, registering, or logging in, you consent to our use of your information as described in this Policy. If you do not agree with the terms outlined in this Policy, please refrain from using our products and services and avoid providing us with your information.
About Us
VirtuXCams LLC operates the software platform located at VirtuXCams (the "Platform").
Information We May Collect and Process About You
Details you provide to us, such as your username, email address, date of birth, and any images or content you share, including those related to age verification.
Your IP address.
Information about the accounts you have visited, products and services you have clicked on, or shown interest in.
Communications, information, and content that you share through your account.
Data, communications, and content stored or saved in your account.
Information provided by other companies that have obtained your consent to share information about you according to their own privacy policies.
Data regarding your interactions with the Platform, including any advertisements you may have viewed.
Information collected through cookies stored on your device about your usage of the Platform and certain third-party websites.
Data gathered or retained using technologies similar to cookies, like device identifiers on your mobile device.
Technical details from your device relating to the services you access or use.
Your communications with our billing and support teams.
Information about the geographic location of your device.
How We May Use Your Information
General Site Administration
By accessing the Platform, you agree that we may collect, store, use, and process your content, data, communications, and information (including personal information) to provide the products and services you request or access and to support the development and operation of our business. If you provide us with your email address, you consent to receive emails from us or on our behalf, including account-related messages such as purchase confirmations, renewal notices, warnings, alerts (including notifications related to users streaming or submitting content), and newsletters. You may update your email address at any time.
Payment Processing
We work with various third parties to handle payment processing for any purchases you make on the Platform. The processing and storage of any information you provide to these third-party payment processors, including any data they may collect from you, are not governed by this Policy. You will need to review the privacy and cookie policies on the websites of these third parties.
Fraud Prevention Services
We utilize third-party services to prevent fraud and other harmful activities affecting the Platform and our systems. As part of this process, we may share your IP address, device information, and access data with these services to detect and prevent potentially fraudulent or abusive behavior that could damage the Platform or its users. This information is retained indefinitely to protect the Platform and its community members.
Content Assurance
All content shared on the Platform, whether written, live, recorded, photographic, or otherwise, is subject to both automated and manual review to ensure compliance with the VirtuXCams Terms. Users who broadcast and choose not to display their faces (e.g., by wearing a mask or using a limited viewpoint) may periodically receive requests for a selfie to confirm their Age of Majority (as defined in the Terms). These images are retained internally as part of our age verification records and reviewed by our trained verification team.
Registration Information and How It May Be Used
General Account Registration:
To create an account, you will need to provide a username and date of birth to demonstrate that you meet the minimum age requirements set forth in our Terms & Conditions. This information is maintained internally for account access purposes. You will also need to provide certain details that will be displayed on your bio page and considered public information. This includes an age (which does not need to be your real age, provided it does not suggest you accessed the Platform before reaching the Age of Majority) and your gender, which can be updated as needed, provided it is not used in a misleading or abusive manner. You will also be asked to indicate which genders you are interested in communicating with. Additional information you choose to provide in your profile, such as your location, "about me" details, and any wishlist(s), will also be publicly displayed in connection with your username and treated as public information, regardless of whether your profile is password-protected.
Independent Creator Registration:
In addition to the general registration requirements above, Independent Creator(s) must provide a color copy of a current government-issued photo ID and a brief live video or a series of images to verify their identity. This information is retained in compliance with U.S. federal law, which currently mandates that all age verification documentation and images be kept for seven (7) years from the date the content was last made available through your account. Before receiving payments, you will need to provide "pay to" details such as a bank account or home address, unless you choose to associate with a studio. If someone else, such as a business or personal partner, is to receive payment on your behalf, that person must also complete the age verification process through your account. You may also be required to provide certain taxpayer information. We report to the U.S. Internal Revenue Service, as well as equivalent agencies in other countries, all earnings distributed through the Platform to Independent Creator(s).
Public Information
The Platform may offer features such as message boards, blogs, chat, private/direct messaging, tip notes, content streaming, and image sharing, in addition to user profiles. Any content you share through these features is considered public information, regardless of the use of passwords or other security measures to restrict access. Please exercise caution when deciding to disclose personal information. All public information is subject to review and monitoring for compliance with the VirtuXCams Terms. As mentioned in the Terms, we advise you to be cautious when sharing off-Platform links or other communication methods, as:
Sharing such information may unintentionally reveal personally identifying details.
We are generally unable to assist with matters involving off-Platform communications or links, as we cannot verify any provided screenshots or records.
Additionally, when you tip tokens to other Independent Creator(s) or purchase a Platform subscription or fan club membership, your username color may change to reflect these activities.
Certain Information Use Out of Our Control
As mentioned above, all content and information shared through the Platform (except for your government-issued identification and selfies submitted during the Independent Creator or Independent Affiliate age verification process) is considered public information. If you choose to broadcast, upload, or otherwise share any content on the Platform, you acknowledge that we cannot control how this public information is used by any user or observer of the Platform. Additionally, we have no control over the use of any personal information you might share—whether intentionally or unintentionally—with other users or observers. Therefore, exercise caution when sharing details like your location, name, account information, or any other identifying information. For your privacy, we recommend choosing a unique username that is not linked to any of your social media accounts or your real name.
Location-Based Services
When we provide services that utilize your device's location, we may allow other users of the Platform to block individuals in specific locations, determined by their IP address, from accessing their content.
Community Support
We may, from time to time, either directly or through third-party providers, offer billing and other support services to Platform members and viewers. As this service is provided to the broader community, rather than as typical "customer support," we refer to it as "community support." By contacting or reaching out to the Platform's community support team(s), you understand that all such communications may be recorded and monitored by us or any applicable third-party service providers. These communications may be retained for internal purposes and for resolving future community support issues.
How We May Share Your Information
Your username will be linked to all activities you perform on the Platform, including, but not limited to, messages sent, content shared, and broadcasts made. Your gender information is shared through your account and is used to categorize your profile and the content you share, making it easier for other Platform users to find. Your IP address, device data, and other usage information are utilized by us to optimize the Platform's functionality. Your usage history may also be analyzed to help our internal algorithms recommend other Platform users to you.
We may also share your information with third-party providers contracted to perform specific services on our website, such as hosting or site optimization services. Any "pay to" information you provide will be shared with third parties (e.g., banking or financial service providers) only as necessary to process payments to you. Records collected to comply with legal regulations will be shared as required by law or upon your written request.
Additionally, we reserve the right to share any account information as we deem appropriate in response to written requests from law enforcement or other third parties; if we suspect, in our sole discretion, that your account may be involved in illegal activities; or if we determine that such disclosure is necessary to protect the rights or property of VirtuXCams, its users, or third parties.
Safeguards and Security for Your Information
We have implemented various measures to protect your personal information from unauthorized access or use, including the use of encryption technology and other security protocols.
Information Deletion
If you request the deletion of your personal data, it will be removed in accordance with our data retention policy and applicable laws and regulations. To prevent abuse of the Platform and impersonation, your username will be retained. If your use of the Platform is restricted for any reason (such as suspension, ban, or account limitations) at the time you request deletion of your account or personal information, your status may be converted to a permanent ban. Regardless of whether the restriction is converted to a permanent ban, minimal records related to your account and any restrictions will be retained as needed to enforce the restrictions for their applicable duration.
If you have tokens, purchases, subscriptions, or content associated with your account at the time of your deletion request, by making this request, you agree that all such tokens, amounts, and content are forfeited, and you are not entitled to any transfer or refund. You acknowledge that requesting deletion of your account does not obligate us to delete any records we believe are necessary to comply with applicable regulations; we will only retain such records as required by these regulations, which may be amended or replaced over time.
You can request permanent deletion using the Platform's deletion tool [here].
Biometric and AV Documents Policy
This Biometric Data and AV Documents Collection and Storage Policy (the "Policy"), last updated October 11, 2024, applies to your use of VirtuXCams LLC's ("we," "us," or "our") interactive platform available through VirtuXCams (the "Platform"). Please review this Policy carefully before submitting your AV Documents. "AV Documents" refers to any images you submit to us, either directly or through a third party, to comply with our age verification requirements. These currently include a clear color image of your valid government-issued photo ID, which contains a recent and recognizable photo, along with a live burst or series of images (your "Selfie"). Your 'Selfie' will be displayed on your account's age verification page and used by the VirtuXCams compliance team to ensure adherence to our Terms related to your broadcasts and/or any payout activities.
We use technology from Incode Technologies, Inc. ("Incode") to provide identity verification, fraud prevention, and security services ("Services"). The Company and/or Incode may collect and generate biometric identifiers and biometric information, such as your faceprint ("Biometric Data"), selfie image, and, where applicable, details from your government-issued identification or interactions with Incode and Company systems during onboarding. This data, collectively referred to as "Personal Data," may be disclosed to service providers or government entities as required. For more details on how your Personal Data is processed, including retention practices, terms, and conditions (such as mandatory arbitration and class action waiver), and deletion procedures, please refer to this Policy and the Incode Privacy Notice.
By consenting to this Policy during the account creation process, you agree to provide us with your identification Personal Data, including your Biometric Information, for the purposes of collection, storage, retention, use, transfer, and disclosure as required for identity verification services. This is consistent with this Policy and our Terms & Conditions, which can be found on the VirtuXCams website. You retain the right to withdraw your consent at any time by deleting your account or disassociating your Person Code from your account, with the understanding that certain information may still need to be retained for age verification and other regulatory obligations.
If you do not wish to have your information used in accordance with this Policy or the Incode Privacy Policy, you should not submit AV Documents.
What is Biometric Data
Biometric data refers to any biological characteristics of a person or information derived from such characteristics. This includes what are defined as "biometric identifiers" and "biometric information" under laws such as the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. A "biometric identifier" encompasses features such as a retina or iris scan, fingerprint, voiceprint, or a scan of hand or face geometry. "Biometric information" involves any data, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier and used for identification purposes.
Biometric Data We May Collect and Process
When you submit AV Documents to us, either directly or through a secure third party (such as Incode Technologies), a three-dimensional scan of your face geometry will be captured. You may be asked to provide a short burst or series of images of your face using the camera on your mobile device or another internet-connected webcam. We, directly or via a secure third party, may also capture similar facial geometry during your live video broadcasts on the Platform for comparison with the biometric data collected during your AV Documents submission.
Why is Biometric Data Collected?
Biometric data is collected to ensure compliance with our age verification procedures, which are designed to prevent underage and unauthorized use of the VirtuXCams platform. This data is used to confirm that the person submitting the AV Documents is the same individual depicted in those documents and is the one accessing the associated account(s).
How is Your Biometric Data Stored?
The photo of your face from your AV Documents (referred to as the "Selfie") will be cropped and stored separately from your original documents in a secure, closed system. This Selfie is accessible only to our team of reviewers to verify that you are the person appearing on your account. Your AV Documents, containing your date of birth and real name, are stored securely in a different system. Only team members involved in age verification and routine audits of previously submitted documents will review your AV Documents. Any biometric data generated from your AV Documents ("Biometric Data") is also stored securely and separately from your Selfie. This Biometric Data is used solely for identity verification purposes and, if and when the technology is implemented, to automatically review live and recorded content to confirm your identity.
How Long is Your Biometric Data Stored?
Your Biometric Data will be retained for the same duration as your AV Documents, as required by 18 USC § 2257 and its accompanying regulations ("Regulations"). As of the date of this Policy, these Regulations require that age verification documentation be retained for seven (7) years from the last time content is available through your account(s).
Person Code
Upon successful completion of the required age verification procedures, each individual will be assigned a unique personal code number ("Person Code"). This code allows you to track your activities across different accounts and facilitate interactions with the community support team. Each Person Code is exclusive to a single individual. You are advised to keep your Person Code confidential. For your security, even when using your Person Code, you may be required to provide additional information when dealing with our community support, age verification, or other teams to confirm your identity.
No Obligation to Accept AV Documents
Regardless of any statements made herein, we reserve the right to determine which forms of government-issued identification are acceptable, based on your location and our sole assessment of the reliability of the documentation. For example, we do not accept handwritten or paper documents.
Additionally, as outlined throughout the Platform, especially during the age verification process, the accepted government-issued identification must include a recent and clear photograph of you that is easily recognizable. Identification that includes outdated photos, such as those taken during childhood or several years ago, may be rejected, even if you are of age now. Similarly, identification with recent photos that do not accurately reflect any alterations to your appearance (such as surgeries, piercings, tattoos, or other modifications, whether temporary or permanent) may also be deemed unacceptable.
Cookies Policy
When you use the Platform, be aware that we may collect information through cookies or similar technologies.
What Are Cookies and How Do They Work?
Cookies are small files that are stored on your computer or mobile device when you visit a website. Each time you visit the website again, your browser sends these cookies back to the site, allowing it to recognize you. This enables websites to tailor what you see on your screen and provide a more personalized experience.
Do We Use Other Technologies Similar to Cookies?
Our websites, apps, and emails may contain small, invisible images known as "web beacons" or "tracking pixels." These function similarly to cookies by helping us understand when specific parts of a webpage are viewed. Additionally, our apps may use device identifiers, which are unique numbers assigned to your device, to remember your device in a manner similar to cookies.
What Do We Use Cookies For?
Cookies help improve your experience on our website and are used for several purposes, generally grouped into four categories:
Essential Cookies:
These cookies are necessary for you to navigate the website and use its features. Without them, certain services you have requested cannot be provided. They may store information such as your browsing history or keep you logged in during your visit.Performance and Functionality Cookies:
These cookies enhance your browsing experience by remembering choices you make, such as your language or region. They also provide improved features like content recommendations and limiting the number of times you see a particular advertisement.Analytics and Research Cookies:
These cookies help us understand how users interact with our products and services, such as which pages are most popular. This information allows us to improve the user experience and make it easier for others to find relevant content.Advertising Cookies:
These cookies are used to display ads that are relevant to you based on your viewing history. They help us understand how many ads we serve, how often these ads are clicked or hovered over, and how many customer actions (such as sales) result from these ads.
We may also use cookies to track the effectiveness of our advertising campaigns, both on our website and on third-party websites. Some of our web pages contain promotional links to external companies' sites. If you click on one of these links and then register or make a purchase, a cookie may be used to inform that site that you came from ours. In such cases, we may receive a small referral fee. Please review the privacy policies of any website you visit through advertisements or links, as this Policy only applies to pages within our domain.
Contacting Us and Accessing Your Personal Information
If you wish to review or receive a copy of the personal information we hold about you, we provide a self-serve tool [here].
If you have any questions or comments about this Privacy & Cookies Policy or wish to request a copy of the personal information we hold about you, please contact us at:
Attention: Data Protection Officer
VirtuXCams LLC
[email protected]
We reserve the right to charge an administrative fee for fulfilling a request for access to personal information, which will not exceed the maximum fee permitted by law.
Changes to this Privacy & Cookies Policy
We reserve the right to update or change our Privacy & Cookies Policy. Any changes to this policy will be posted here and will become effective on the date specified in the updated policy. Your continued use of our website or platform signifies your acceptance of these changes.
Residents of the State of California
Under the California Consumer Privacy Act (CCPA), you have certain rights concerning the personally identifiable information you provide to us.
Copies of Your Personally Identifying Information
For free, up to twice in any twelve-month period, you are entitled to obtain the following information for the immediately preceding twelve months:
The categories of information we have collected about you.
The categories of sources from which we have collected the information.
The purpose for which we have collected the information.
A copy of the personally identifying information we have collected about you.
Information on whether we have sold or disclosed your personally identifying information to a third party and for what purpose.
To request a copy of this information concerning your account, you may contact us by email or phone:
Email address: [email protected]
For your privacy and security, we may require specific information to verify that you are the account holder making the request. If there is no information associated with your account that we can verify, such as your email address or other details, we may be unable to complete your request. For your protection, any responsive information will only be sent to the email address associated with the subject account. An email address is considered "assigned to an account" if it is the address where you receive account security notifications, such as recovery instructions. It does not refer to an email address you may have provided in completing an Independent Creator Agreement if applicable.