Effective Date: [insert date published]
OUR APPROACH TO PRIVACY
This website contains links to other sites that are owned by third parties. When you leave our Sites, you agree to the policies and conditions of use of the new site. You understand that our policies and conditions of use do not apply to the new site.
NOTICE AT COLLECTION
We may collect or process various categories of personal information. The section titled “Information We Collect” contains information on the categories of personal information collected. As an overview, we collect identifiers, personal information categories contained in user profiles, characteristics of protected classifications, commercial information, professional or employment-related information, education information, internet, technical, or other similar electronic network activity information, and sensitive personal information. We collect this information to provide, maintain, and improve our Sites and services, and for other reasons listed in the “How We Use Your Information” section below. Your personal information may be disclosed to service providers, the public, creators, or third parties as outlined in “How We Share Your Information.” We will retain your information for as long as needed to fulfill the purposes for which it was collected and to comply with our legal obligations, resolve disputes, and enforce our agreements. While we do not sell your personal information for monetary compensation, we partner with third-party advertising and analytics partners, which may be considered a “sale” of personal information under applicable laws. We “sell” or “share” your identifiers, internet or other similar network activity. We only collect sensitive personal information, such as account or login information along with a password that provides access to the account, state or government ID or passport information, and/or health information, to provide our Site, services, or to evaluate your job application and we delete this information in accordance with our data retention practices. If you would like to exercise your rights under applicable law, please visit the “State Privacy Rights” section of this Policy.
INFORMATION WE COLLECT
We may collect information from you directly, from the devices you use to interact with us, from business partners that provide us with your personal information, and from third parties. We may also combine information from the Sites and services together with other information we obtain from our business records.
Information You Provide to MITH
This is information you provide to us directly, either through text fields or otherwise, such as your name, payment information, and benefits. The information we require you to provide depends on your relationship with us: whether you create an account, become a member, purchase a subscription or other offering, otherwise engage with a creator, or become a creator. This type of information typically includes at least:
- First and last name;
- Email address;
- Phone number;
- Profile picture;
- Biographical information;
- Payment card information;
- Password; and/or
- State and country of residence.
We collect and process information about the creators you subscribe to and/or support, the memberships and other offerings you purchase, and what benefits you receive. As a member, if you select a membership or offering with a physical benefit then you will be asked to optionally provide your shipping information, including phone number. We may also derive your location from your self-disclosed country, your IP address, and/or your payment card.
A creator is someone who creates a page on MITH to engage with members who purchase memberships or offerings on MITH to support the creator’s creations. To become a creator, you must create a page that describes what you are creating and any benefits you are offering. To receive payouts, you have to create an account with our payment partner: Shopify. If you choose to receive payouts using a payment partner that requires you to provide to them your personal data like name and email address, then that payment partner may provide that information to MITH. You may also be required to provide your bank account information to process payouts. You must also provide us with additional information for tax purposes. Depending on your location and the type of creations that you create, you may have to provide MITH some combination of the following:
- email address;
- phone number;
- first and last name/surname;
- business name;
- social security number and/or employer identification number;
- country of citizenship;
- tax identification number, company registration number, and/or VAT number;
- date of birth;
- place of birth;
- your nonprofit registration number, if you are a nonprofit business;
- bank account information;
- self identification as an Adult/18+ creator; and/or
- copies of your ID card and proof of residency.
For further information, please contact [INSERT CONTACT INFORMATION/MITH PRIVACY EMAIL ADDRESS].
When you apply for a job with us, we may collect information from you via our website, forms, and otherwise, including:
- Information you provide in connection with your application, including sensitive personal information.
- Information about you that is publicly available.
- Health information, such as COVID-19 status and/or disability information
- Information that you authorize us to collect via third parties, including former employers or references.
- Any other information provided in connection with your application.
We only use your personal information to assess your skills in relation to the applicable job requirements. We may also use your personal information to contact you during the hiring process.
In certain circumstances, you may submit your application for employment through a third-party service that displays our job posting. We do not control the privacy practices of these third-party services. Please review their privacy policies carefully prior to submitting your application materials.
Additional Information We Collect
Automatically Collected Information
We automatically receive information when you view creations on or otherwise interact with MITH, even if you have not created an account. When you visit the Sites and/or engage with our services we may automatically receive information about you, including:
- your IP address;
- your approximate location (typically derived from your IP address);
- your browser and/or device type;
- your operating system;
- your language settings;
- the referring web page (including parameters contained therein);
- your mobile carrier;
- device information (including device and application IDs);
- your search terms (including those not submitted as queries);
- the links you click;
- the pages you visit/the creations you load or request;
- session length, dwell time, and duration of media experiences (including view time); and/or
Messages and Public Comments
When you send or receive messages or when you post or are mentioned in comments or messages on MITH, we collect the contents of those messages and comments as well as information about related activity, including the timestamp of those messages and comments and who has viewed those messages or comments.
Please note that any information you include in a message you post to any public posting area, such as the comment section of our blog, is available to anyone with Internet access. If you don’t want people to know your email address, for example, don’t include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.
We use a chat platform to connect you with our community of creators and enable creators to connect with each other. As you use MITH chat, we may collect information including the messages you send, accounts you interact with, and edits that you make.
Event Information & Surveys
From time to time, we may solicit your participation in surveys related to MITH events. In order to better understand and serve creators and members, we may ask you for demographic information, including information related to your gender identity, ethnicity, race, age, sexual orientation, earnings, and accessibility, which you may optionally choose to provide. We collect such information to help us better understand the creators and members that use MITH, to develop and market events for creators and members, and to showcase creators for greater discoverability, including at such events. When you complete these surveys, we store your survey responses, including any such demographic information you choose to provide.
We may also request information from you at in-person and online events. This information may include your name, email address, mobile phone number, details about the types of creations you create, and survey or feedback responses.
Information from Third-Party Accounts
After creating a MITH account, you may be able to connect your social media account(s) (e.g. Twitter, Facebook, YouTube, TikTok, and Twitch) with MITH and we may collect and store some information related to those accounts, including:
- profile information, including userID, username, page name, and/or profile picture;
- follower and/or member counts;
- relationship graph, including accounts you follow and that follow you;
- post and/or upload counts; and/or
- view, like, and/or comment counts.
You may also grant MITH access to these third-party accounts in order for some MITH features to operate. When you connect such a third-party account to your MITH account, that third-party service will typically present a page that describes the information that MITH can access and/or permissions you are granting to MITH to take actions on your behalf. At any time, you may be able to revoke MITH’s access to those accounts using the respective third party’s settings page.
Information Collected by Third Parties
Social Media and Social Media Features: Widgets and Pixels
When you comment on a post, like a post or message, react to a post or message, join a chat room, send a chat message, express interest in an event, join an event experience, and take other community actions you are visible to the associated sections of those MITH communities. When you are typing a message in a chat room or other community space, this may be displayed to the other people in that chat room or community space. Comments, messages, likes, and reactions in community spaces are visible to the associated MITH community and community members who later join the associated community space may be able to see the full history of comments, messages, likes, and reactions. For example, chat messages sent to a community chat room or community event experience are visible to the sections of that community associated with the chat room or event. Similarly, comments, likes, and reactions related to a post visible to a community are visible to the sections of that associated community that can see that post. If the visibility of a post or community space later changes, then the visibility of the associated comments, messages, likes, and reactions may also change along with it. For example, if a post is later made available to a larger section of a MITH community, then the comments, likes, and reactions on that post may also become available to that section of that MITH community.
We partner with the platform provider Shopify to provide you with access to our website and services. When you use our website, Shopify may collect information about the device and browser you use, your network connection, your IP address, and details about how you browse our website and platform.
HOW WE USE INFORMATION
We use personal information only in ways compatible with the purpose for which it was collected or subsequently authorized by you. To the extent necessary for such purposes, we will take reasonable steps to make sure that personal information is accurate, complete, current, and otherwise reliable with regard to its intended use. All your personal information will be treated in confidence and will only be used in compliance with the purposes stated below. We use any of your personal information we collect to:
- comply with industry requirements, self-regulatory guidelines, US federal law, US state law, and international laws, including tax reporting requirements;
- verify your identity to comply with industry requirements, self-regulatory guidelines, US federal law, US state law, and international laws;
- enable you to sign in to your account;
- enable you to subscribe to creators and/or purchase subscriptions and offerings on MITH;
- process payments and payouts;
- apply VAT and/or sales tax;
- deliver membership benefits and other offerings;
- send physical merchandise to your shipping address;
- send you messages and notifications, including push notifications, email, and SMS/MMS as controlled by your notification preferences;
- provide you with information about MITH, MITH products, and your memberships and offerings on MITH;
- provide you with customer support and reply to your questions;
- promote your MITH account and/or creator page for greater discoverability;
- personalize the MITH experience, including recommending creators to members;
- market MITH products and services to you or to audiences similar to you, including via personalized advertising (also referred to as online behavioral advertising or interest-based advertising) as controlled by your marketing preferences;
- organize and tailor in-person and online events;
- understand and analyze how you use the service;
- conduct research and development to improve MITH and develop our products and their features;
- prevent fraud, abuse, and illegal activities on MITH, including using automated processing and manual review; and/or
- provide you with reasonable accommodation if you notify us of a disability.
HOW WE SHARE INFORMATION
We may share your personal information with creators, MITH communities, the public, and third parties as detailed in the sections below.
Information Shared with Creators
By subscribing, purchasing a membership, or otherwise engaging with or becoming a member of a creator, you agree to share personal data with that creator that may include:
- your full name in your MITH profile;
- your email address;
- your other MITH profile information, including your avatar image;
- your physical address, city, state/province, and country if you select a membership or offering with a physical benefit and choose to provide your shipping information;
- your phone number, when you have signed up to support a creator who engages with you via text messages, if you select a membership or offering with a physical benefit and choose to provide your shipping information, or when you have signed up for event notifications via text;
- all information about your pledge, including amount and start date but not your full payment card information; and
- some aggregated data about how you use MITH, including analytics like post views, video views, and video view duration.
We may solicit your participation in surveys related to particular creators on MITH. For example, when you subscribe and/or make a purchase on MITH or when you cancel a subscription, you may be asked to optionally take a survey about that choice. If you choose to participate in that survey, then you agree that your responses, which may include your personal data like full name and email address, will be shared with the associated creator.
When you use MITH to send a message to another user, including a creator, the contents of that message will be shared with the recipients you select.
Information Shared with the Public
The following information may be publicly accessible or otherwise shared with members of the public:
- Aggregated and otherwise non-personal data, including aggregated usage data in blog posts, press releases, or other ways to share information about MITH’s usage and business.
- Comments, likes, and other reactions inherit the visibility of the associated post or message. Accordingly, comments, likes, and reactions on public posts or messages are public and comments, likes, and reactions on posts or messages with limited visibility are visible to the audience of users to whom the author has made the post or message available. If a non-public post or message is later made public, then the comments, likes, and reactions on that post or message may also become public.
- For members:
- your public MITH profile, including your user name, avatar image, and the date you created your MITH account;
- social media accounts you’ve connected to your MITH account;
- your public biographical description if you’ve added one to your MITH account; and
- if your full public profile setting is enabled:
- the creators you support and the date you started supporting them;
- the subscription, membership tier, or other recurring payment for each creator you support;
- the posts you’ve liked; and
- the comments you’ve made.
Creator information is shared with the public based on creator settings.
Information Shared with Third Parties
Other than information that is shared with creators, shared with communities on MITH, or shared with members of the public, we will only share data with third parties under the following circumstances:
- Government and law enforcement agencies
- Payment partners: Upon request from a payment partner, MITH may share the information used to verify that such an Adult/18+ creator is over the age of 18 with the requesting payment partner in order to demonstrate compliance with their rules
- Third-party services to which you’ve connected your MITH account.
While we do not sell your data for monetary compensation, we partner with third party advertising and analytics partners, which may be considered a “sale” or “sharing” of personal information under applicable laws.
YOUR DATA PREFERENCES
You may find your settings after you log in to your MITH account.
Do Not Track Signals
The “Do Not Track” (“DNT”) privacy preference is an option that may be made in some web browsers allowing you to opt-out of tracking by websites and online services. At this time, global standard DNT technology is not yet finalized and not all browsers support DNT. We therefore do not recognize and/or respond to all DNT signals.
We recognize opt-out preference signals, such as the Global Privacy Control, as a request to opt out of the “sale” or “sharing” of your personal information in a frictionless manner. While we do not sell your personal information for monetary compensation, we partner with third-party advertising and analytics partners, which may be considered a “sale” of personal information under applicable laws. California and Colorado residents may opt out by broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) (on the browsers and/or browser extensions that support such a signal). To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.
Unsubscribe from Email Communications
If you wish to stop receiving email communications from us, you may “unsubscribe” using the link at the bottom of the email you receive. If you wish to be placed on our postal mailing “Do Not Contact” list, see the “How to Contact Us” section below and provide the name and address as listed on the mailing. To stop text communications, respond to the text with the words “STOP”. You may also control ads appearing on your browser or mobile device by adjusting your settings or using third party ad blocking tools.
We implement reasonable technical and organizational security measures to help protect your personal data against//We take reasonable physical, electronic and managerial measures to safeguard and secure any personal information you provide to us. Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure due to the inherent risks of data transmission over the Internet. Consequently, we cannot ensure or warrant the security of any information you transmit to us, and you understand that any information that you transfer to us is done at your own risk. If we learn of a security system breach we may attempt to notify you electronically so that you can take appropriate protective steps.
By using the Sites or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Sites. We may post a notice via our Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
If you create an account with us, you are responsible for maintaining the security of your password at all times. You may gain access to and review your personal information by accessing your account. You are responsible for activity occurring while logged into your account.
We will retain your information for as long as needed to fulfill the purpose for which it is collected and to comply with our legal obligations, resolve disputes, and enforce our agreements.
INTERNATIONAL DATA TRANSFERS
The Sites and services are not intended for use by minors (i.e., children under the age of 18). MITH does not knowingly collect personal information from minors. Consistent with the requirements of applicable law, if we learn that a minor has improperly provided us with personal information, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the minor that he or she cannot use the Sites or services and subsequently will delete that information.
FINANCIAL INCENTIVES AND LOYALTY PROGRAMS
We may offer you certain financial incentives for the collection, sale, retention, and use of your personal information as permitted by applicable law that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We calculate the value of the financial incentive by using the expense related to the offer, and the value of your personal information is the value of the offer presented to you. We may provide the following financial incentives: creator-specific loyalty clubs and discount codes.
VIDEO PRIVACY PROTECTION ACT
CHATBOX FEATURES AND SESSION REPLAY TECHNOLOGY
We may use technology to monitor how you interact with our Sites. This may include without limitation which links you click on, information that you type into our online forms, and about your device or browser. Further, we may utilize session replay spyware to monitor and record mouse clicks and movements, keystrokes, and pages and content viewed by you. Please discontinue use of the Sites if you do not consent to our collection of such information.
CALIFORNIA “SHINE THE LIGHT” LAW
If a company shares personal information of California residents with third parties for their marketing purposes (e.g., to send offers and information that may be of interest to you), California law requires either providing a mechanism by which consumers can obtain more information about such sharing over the prior calendar year or providing a mechanism by which consumers can opt out of such sharing. We do not share your Personal Information with third parties for their direct marketing purposes, so we do not offer an opt-out at this time.
“SALE” OF PERSONAL INFORMATION
STATE PRIVACY RIGHTS
If you are a resident of California, Colorado, Connecticut, Utah, and Virginia, you may have certain rights with respect to your personal information depending on applicable law:
- Right to Know or Access: You may have the right to obtain confirmation about whether or not your personal information is being processed by us. If so, you may have the right to access the personal information we hold about you and/or request other
- Right to Delete: You may have the right to request the deletion or erasure of your personal information, except under certain circumstances subject to applicable law.
- Right to Correct: Depending on your location and applicable laws, you may have the right to correct or update your personal information if inaccurate.
- Right to Opt-out of Sale, Sharing, and Targeted Advertising of your Personal Information: You may have the right to opt-out of the sale of your personal information to third parties as defined under applicable law. To exercise this right, you may submit a request by contacting us. Note that we do not sell the personal information of individuals under 18 years old. Please also note that in some jurisdictions, this is an opt-in right to which we comply by obtaining express consent at our points of collection.
- Right to Revoke or Withdraw Consent: You may have the right to withdraw consent to the continued use or disclosure of your personal information, subject to legal or contractual restrictions and reasonable notice.
- Right to Nondiscrimination: You may have the right to non-discrimination, such as to receive equal service and pricing from a business, even after exercising your rights.
- Right to Data Portability: Depending on your location and applicable laws, you may have the right to receive the personal information that you have given us, in a structured, commonly used and machine-readable format. You may also have the right to send that personal information to another controller if the processing is based on consent pursuant or on a contract and is carried out by automated means.
- Right to Opt-out of Profiling: You may have the right not to be subject to a decision based solely on profiling or automated decision-making, except under certain exceptions under local law.
- Right to Limit the Use and Disclosure of Sensitive Personal Information: You may have the right to limit the use and disclosure of your sensitive personal information if we use such information to infer characteristics about you; however, MITH does not use your sensitive personal information for these purposes, so it does not offer the right limit.
- Right to Opt-In to the Collection and Use of Sensitive Personal Information: You may have the right to opt-in to the processing of your sensitive personal information under certain circumstances.
- Right to Withdraw Consent: You may have the right to withdraw consent to the continued use and disclosure of your personal information, subject to legal or contractual restrictions and reasonable notice.
In addition, Nevada privacy laws requires website operators to provide a way for Nevada residents to opt-out of the sale of certain information that website operators collect about them. We do not sell your personal information as defined by Nevada law.
Specifically, in the last twelve months, we have collected, disclosed, sold, and/or shared the following categories of personal information from California consumers:
Sold and/or Shared
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
Personal information categories listed in the California Customer Records statute.
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
Protected classification characteristics under California or federal law.
Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
SOLD and SHARED
Physical location or movements; in this instance, general location information obtained in connection with IP address use.
SOLD and SHARED
Audio, electronic, visual, thermal, olfactory, or similar information.
Professional or employment-related information.
Current or past job history or performance evaluations.
Non-public education information (per the Family Educational Rights and Privacy Act).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Sensitive Personal Information.
(1) Social Security number, driver’s license number, state identification number, passport number; (2) account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (3) precise geolocation information; (4) racial or ethnic origin, religious, or philosophical believes, or union membership; (5) contents of mail, email, and text messages unless the business is the intended recipient of the communication; (6) genetic data; (7) biometric data for the purposes of uniquely identifying a consumer; (8) health information; (9) sex life or sexual orientation information.
Submitting Rights Requests
You may request to exercise your rights by making a request using the contact information below. If you are a resident of California, Colorado, or Connecticut, you may, under certain circumstances, authorize another individual or a business, called an authorized agent, to make requests on your behalf. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
We must verify your identity before responding to your request. We verify your identity by asking you to provide personal identifiers that we can match against information we may have collected from you previously. We may need to follow up with you to request more information to verify your identity. We will not use personal data we collect in connection with verifying or responding to your request for any purpose other than responding to your request.
Residents of Colorado, Connecticut, and Virginia have the right to appeal a denial of their request by contacting us as described in the notice of denial.
PRIVACY RIGHTS FOR THE EUROPEAN ECONOMIC AREA, THE UNITED KINGDOM, AND SWITZERLAND
We process “personal data” (referred to within this Policy as “personal information”) as that term is defined in the European Union’s General Data Protection Regulation (“GDPR”). If you are located in the EEA, U.K., or Switzerland, you have the following rights:
- You have theright to access information about the categories of personal information we have collected about you. You may also request a copy of the personal information we have collected, and upon request, we will provide this information to you in electronic form or transfer it to a third party.
- You have the right to correctyour personal information if inaccurate.
- You have the right to request erasureof your personal information when such information is no longer necessary for the purposes for which it was collected, when you withdraw consent and no other legal basis for processing exists, or when you believe that your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
- You have the right to restrict our processing of personal informationif there is a dispute about the accuracy of the data; if the processing is unlawful; if the processing is no longer necessary for the purposes for which it was collected but is needed by you for the establishment, exercise or defense of legal claims; or if your request to object to processing is pending evaluation.
- You have the right to object to processing of your personal information based on our legitimate interests or for direct marketing (including profiling). We will no longer process the data unless there are compelling legitimate grounds for our processing that override your interests, rights, and freedoms, or for the purpose of asserting, exercising, or defending legal claims.
- You have the right to obtain informationabout, and a copy of, the safeguards we use to transfer personal information across borders.
In processing personal information, we may rely upon the following lawful bases:
- Consent. We may process personal information with the consent of the individual whose data is being processed and/or in reliance upon the consent of the administrator of the account, who must affirm that s/he has obtained appropriate consent from all participants.
- Contract. When we enter a contract with you and/or an administrator for your account, we process personal information on the basis of our contract in order to prepare and enter into the contract, as well as to perform and manage our contract. This is necessary for us to provide the Services to you.
- Vital interests. In a case where the personal information is required to protect your vital interests or the vital interests of another natural person, then this may be used as the lawful basis of the processing. For example, we may need to process personal information in the event of a pandemic.
- As required by law. We may process personal information as required to comply with legal obligations to which we are subject for the for the purpose of compliance with EEA, UK, or Swiss public, governmental, judicial, or other regulatory authorities.
- For legitimate business purposes. This includes but is not limited to legal compliance and the purposes described above.
Users who are located in the European Economic Area (“EEA”), U.K., or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. If you would like to exercise any of these rights, please contact us.
HOW TO CONTACT US