Definitions

Personal data is information about an "identified" person or an "identifiable natural person". An "identifiable natural person" can be identified, directly or indirectly, in particular reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.

Sensitive personal data: Sometimes known as 'special categories of personal data' or 'sensitive personal data', is personal information about an individual's race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (or non-membership), genetics information, biometric information (where used to identify an individual) and information concerning an individual's health, sex life or sexual orientation.

Data Subject means the individual to whom the personal information relates.

Processor
A processor as a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller. Processors act on behalf of the relevant Controller and under their authority.

Controller
A controller is a natural or legal person, public authority, agency, or any other body which alone or jointly with others determines the purposes and means of the processing of personal data, where the purposes and means of processing are determined by the EU or UK laws, the Controller may be designated by those laws. Art.2(d) GDPR.

Who We Are

ELHUEVO WORLDWIDE LIMITED, trading as MORE THAN FANZ, is a Company registered in the UK with the Company number 16298692.

In this policy, "More Than Fanz", "we", "us", and "our" refer to ELHUEVO WORLDWIDE LIMITED.

Our registered office address is Belmont Suite, Paragon Business Park, Chorley New Road, Bolton, Lancashire, England, BL6 6HG.

Please note that we are registered with the Information Commissioner's Office (Reference: ZB888166).

Policy

For the avoidance of doubt, you are a 'creator' if you sign up as a 'model'. Please note that we have a separate Privacy Notice for 'fans', who are also referred to as 'users'.

Content Creator Obligations

The Content Creator represents and warrants that:

1.         They must verify that they and anyone appearing in any Content they upload to the Platform are an adult over the age of 18 and are legally independent, and be able to provide supporting documents as proof upon request.

2.       They will obtain and keep on record written consent from all individuals depicted in any form of content posted on MoreThanFanz website. This includes swearing consent to:

·         Consent to be depicted in the content

·         Consent to allow for public distribution of the content and to upload to the website

·         Consent to any content that is made available for download by users

3.       The Content creator adheres to the parameters set in the Obscene Publication Act 1959; and prohibits any illegal activity or otherwise which violates our standards and terms of use.

4.       Only themselves or other verified MorethanFanz Content Creators will appear in the Content that they share on the Platform;

5.       They have the necessary authority, rights and licences to submit the Content on the Platform and are not breaching any third-party intellectual property rights by sharing any Content;

6.       They consent to

7.       They shall not misuse any personal data of Fans shared with them through the Platform in contravention of the Data Protection Laws or send unsolicited communications to Fans;

8.       They shall not try to circumvent the Platform for financial gain;

9.       they shall respond promptly to any and all enquiries from Fans in relation to Subscriptions;

10.     they shall respond promptly to any and all enquiries from MorethanFanz when contacted; and they shall at all times adhere to these Terms and shall not use any threatening or unsuitable language, or display any inappropriate behaviour when dealing with Fans or MorethanFanz staff.

The Law

We are required under data protection legislation to notify you of the information contained in this privacy notice.

This notice does not form part of any contract to provide services or any other contract and may be updated at any time.

We will comply with data protection laws. This says that the personal information we hold about you must be:

1.         Used lawfully, fairly and in a transparent way.

2.       Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.

3.       Relevant to the purposes we have told you about and limited only to those purposes.

4.       Accurate and kept up to date.

5.       Kept only as long as necessary for the purposes we have told you about.

6.       Kept securely.

Our Commitment

We are committed to the following:

1.         Being completely transparent about how, when and why your data is controlled and processed by us.

2.       Allowing you control over the personal data we collect from you and how we process that personal data.

It is important that you read this notice, together with any other privacy notice that is provided on specific occasions when we are collecting or processing personal information about you so that you are aware of how and why we are using such information.

How We Collect Personal Data

At present, all data processed and stored by us is collected directly from you at the sign-up stage and thereafter.

What Kind of Information We Collect and Process

The personal information we generally collect and process will be limited to:

·         Your Name

·         Your Email Address

·         Your Phone Number

·         Your Sex

·         Your Date of Birth

·         Your Country of Residence

·         Payment Information (Bank Account Details)

We and/or our third-party ID Verification Service (Ontado -a third-party data processor) may also process additional personal data when completing compliance checks (Know Your Customer verification). For example:

·         Copies of Your Government-Issued Identification (e.g. passport, ID card, etc.)

·         Document Number

·         Nationality/Citizenship

·         Place of Birth

·         Signature

If you provide us with any special category data (e.g., if you choose to provide us with information relating to your ethnicity, sexual orientation, etc.), we will assume that you consent to our processing of such data. Please note that if you choose to provide such data, this information will be processed solely for the purposes of refining search results and enhancing user discovery on the platform.

Where We Store Your Information

Any personal data we hold on you will be stored securely within our website.

However, please note that our third-party ID Verification Service and our third-party payment processor (CCBill) may also store your personal data (KYC and payment data, respectively).

How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, this will be:

·         Where you have provided your consent to the processing of your personal data.

·         Where you have entered into a contract with us and we need to process your personal information to deliver a contractual service to you.

·         Where we need to use your personal data 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 or regulatory obligation, cooperate with regulators or resolve disputes and legal claims.

·         In rare cases, where we need to process your data to protect someone's life – usually in an emergency situation.

The lawful basis for this processing is:

·         Consent

·         Contract

·         Legitimate Interest

·         Legal Obligation

·         Vital Interest

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

Data Security

All personal data we collect and process is stored following reasonable security practices, including the use of appropriate security measures at our offices and secure IT practices.

Any personal data collected by us is only accessible to a limited number of employees and certain third parties (at present, this is limited to our ID Verification Service, our payment processor, and our website developers) on a need-to-know basis.

Where third parties can access your data, additional security arrangements will be implemented in contracts with those organisations to safeguard the security of your personal information. In particular, contracts with external organisations will provide that:

·         The organisation may act only on the written instructions of Elhuevo Worldwide;

·         Those processing the data are subject to a duty of confidence;

·         Appropriate measures are taken to ensure the security of processing;

·         Sub-contractors are only engaged with the prior consent of Elhuevo Worldwide and under a written contract;

·         The organisation will assist Elhuevo Worldwide in providing subject access and allowing individuals to exercise their rights under the GDPR;

·         The organisation will assist Elhuevo Worldwide in meeting its GDPR obligations concerning the security of processing, the notification of data breaches and data protection impact assessments;

·         The organisation will delete or return all personal information to Elhuevo Worldwide as requested at the end of the contract; and

·         The organisation will submit to audits and inspections and provide Elhuevo Worldwide with whatever information it needs to ensure that they are both meeting their data protection obligations.

If you would like any information on the data security practises of the third parties we engage, please refer to their websites or contact us for further information at the information in the Concerns and Complaints section at the end of this policy.

Your Rights and Obligations

User Obligations

To help us maintain accurate and up-to-date records, we kindly ask creators to:

• Provide accurate and complete information when requested, particularly when creating an account.
• Promptly inform us of any changes to their personal data.
• Use personal data responsibly and only share information with us that they are legally entitled to provide – for the avoidance of doubt; this means that creators should not create accounts for others without their explicit consent.
• Respect the data protection rights of others, including our employees and other creators and users, in any communications or interactions with us or our community.

Consent

We do not need your consent if:

·         we use your data and personal information to carry out our legal obligations to allow us to manage the business-customer (creator) relationship

·         the processing is necessary to protect the vital interests of the data subject or another natural person

·         the processing is necessary for the performance of a task carried out in the public interest

·         the processing is in the exercise of official authority vested in us as a data controller.

In limited circumstances, if the need arises, we will request your written consent to process particularly sensitive data for any purpose not specified in this notice. If we do so, we will provide you with full details of the information we would like and the reason we need it so that you can carefully consider whether you wish to consent.

Data Retention, Erasure and Rectification

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it. This will usually be for a period of 1 year after you have ceased to log in to and interact with our website. However, we may retain your personal data for a longer period than usual in the event of a complaint or if we reasonably believe there is a prospect of litigation with respect to our relationship with you.

Under certain circumstances, by law, you have the right to:

·         Request access to your personal information (commonly known as a "data subject access request").

·         Request correction of the personal information that we hold about you.

·         Request the erasure of your personal information.

·         Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party).

·         Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example, if you want us to establish its accuracy or the reason for processing it.

·         Request the transfer of your personal information to another party.

If we have shared your personal information with others (third parties), we will let them know about the request.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact us using the contact details in the Concerns and Complaints section at the end of this policy.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we are allowed under the law to charge a reasonable fee if your access request is unfounded or excessive. Alternatively, we can refuse to comply with the request in such circumstances.

Please note: we sometimes need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Sharing of Personal Data

We may share your personal data with third parties with your consent or based on an otherwise lawful reason for doing so.

In general, your personal data will only be shared with third parties where:

·         You have given your consent for us to share it.

·         We need to share it to perform our contractual obligations.

·         We need to share your personal data for our legitimate interests (or those of a third party).

·         We have a legal obligation to share it (this applies specifically to age and identity verification checks, which we are legally required to undertake).

·         We must do so to protect someone's life.

Transfers Outside of the EEA

In some cases, your personal data may be transferred to countries outside the United Kingdom (UK) and the European Economic Area (EEA) — for example, where we use third-party service providers or cloud platforms based overseas.

When this happens, we ensure that appropriate safeguards are in place to protect your data. These safeguards may include:

• Transfers to countries that the UK government has deemed to have adequate data protection laws.
• Use of International Data Transfer Agreements (IDTAs) with third-party providers to ensure your data remains secure.
• Implementing additional technical and organisational measures to maintain the confidentiality and integrity of your data.

Updates to Privacy Notice

We may update this notice from time to time.

You should occasionally check to ensure you are happy with any changes.

Concerns or Complaints

If you have any concerns or complaints relating to this policy, its subject matter, or how we collect, control and/or process your data, please do let us know by writing to our Data Protection Officer, Edward Cullen (Director), at support@morethanfanz.com.

Reviewing

The Director is responsible for ensuring that this privacy notice is complete and up-to-date and will review it at least once a year or more frequently if needed due to changes in laws, regulatory guidance, or best practice.