This Privacy & Cookies Policy (the "Policy") dated August 31, 2021 replaces all previous policies. Please take the time to review before you continue to use our products and services.
Unless otherwise defined herein, all capitalized terms will have the same meaning as set forth in the Terms.
This Policy applies to any information you provide to us, including through the Content Platform, our mobile apps or pages, communications by email and through social media, by telephone and in person. It also covers any information we receive from third parties.
By using our products and services, including browsing our websites, registering or logging in, you agree we may use your information as outlined in this Policy. If you do not wish to have your information used in line with this Policy, you must not use our products and services and not otherwise provide us with your information.
About us
Peach.com, LLC operates the software platform located on Peach (the "Platform").
Information we may collect and process about you
How we may use your information
By accessing the Content Platform, you agree that we may collect, hold, use or otherwise process your information (including personal information) for the purpose of providing you with those products and services you request or access, and developing our business. By providing us with your email address, you agree to receive emails from us or sent on our behalf providing you with messages regarding your account including, but not limited to, purchase confirmations, renewal confirmations and warnings, alerts you may have requested to receive including alerts regarding other user’s streaming broadcasts or content submissions), and newsletters. Should you determine to provide an email address, you may change your email address at any time.
Biometric Data Collection and Storage Policy
This Biometric Data and AV Documents Collection and Storage Policy (the "Policy") last updated July 28, 2023, applies to your use of Peach.com, LLC's ("we," "us," or "our") content platform available through Peach.com (the "Platform"). Please take the time to review before you proceed with submitting your AV Documents. As used herein "AV Documents" refers to all images you may submit to us either directly or through a third party intended to comply with our age verification requirements which currently require a clear color image of your unexpired government-issued photo identification containing a recent and recognizable photo of you, together with a live burst/series of images taken of your 'Selfie'.
We use technology from Incode Technologies, Inc. (“Incode”) for identity verification, fraud prevention, and security purposes, (“Services”). Company and/or Incode may collect and generate biometric identifiers and biometric information, such as your faceprint (“Biometric Data”), a selfie image, and, where applicable, information from your government-issued identification or your interactions with Incode and Company systems while onboarding (collectively with Biometric Data, “Personal Data”) for the Services, and may disclose such data to service providers or government entities as required. Learn more about how your Personal Data is processed, including retention, Company’s and/or Incode’s terms, including mandatory arbitration and class action waiver, and data processing practices and deletion in this Policy and Incode’s Privacy Notice.
By ticking the box consenting to this Policy during the account creation process, you accept providing us with your identification Personal Data, including your Biometric Information, for Company’s and Incode’s collection, storage, retention, use, transfer and disclosure of such information to provide the identity verification services, consistent with this Policy and Terms & Conditions which you may find at https://peach.com/legal/terms/. Even if you consent, you have the right to request the withdrawal of your consent at any time by deleting your account with the understanding that we may be required to retain certain information in connection with age verification and other obligations.
If you do not wish to have your information used in line with this Policy, and Incode’s Privacy Policy, you must not submit AV Documents.
What is Biometric Data
Biometric data is any biological characteristics of a person, or information based upon such a characteristic, including characteristics such as those defined as "biometric identifiers" and "biometric information" under the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. "Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. "Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual.
Biometric Data We May Collect and Process
When you submit AV Documents either directly to us or through a secure third party, a three-dimensional scan of your face geometry will be taken. You will be prompted to take a short burst/series of images of your face using the camera on your mobile device or other internet connected webcam. We, directly or through a secure third party, may also collect a similar face geometry during your live video broadcasts on the Platform for comparison to the biometric data collected during submission of your AV Documents.
Why is Biometric Data Collected?
Your biometric data is collected and used for age verification purposes in furtherance of our age verification procedures and practices, which exist to prevent underage and other unauthorized use of the Peach platform. This information is used to further ensure that the individual providing the AV Documents is the person depicted in such documents and the person accessing the account(s) with which such documents are associated.
How is Your Biometric Data Stored?
The photo of your face from your AV Documents (the "Selfie") will be cropped and stored separately from your original AV Documents and made available through a secure, close-ended system to our team of reviewers to confirm that you are the person appearing through your account. Your AV Documents with your date of birth and real name will be stored separately in a secure system. Your AV Documents will only be reviewed by members of our team engaged in age verification and routine audits of previously submitted age verification. Any and all biometric data generated from your AV Documents (the "Biometric Data") is also stored securely and separately apart from your Selfie. The Biometric Data will only be used to verify your identification and, if and when the technology is implemented, to automatically review your live and recorded content to confirm you are the individual in such content.How Long is Your Biometric Data Stored?
Your Biometric Data will be retained for the same period as your AV Documents which documents are retained as required by 18 USC § 2257 and its regulations (the "Regulations"). As of the date this Policy is written, the Regulations require that age verification documentation be retained for a period of seven (7) years from the last time content was available through your account(s).
No Obligation to Accept AV Documents
Notwithstanding anything herein to the contrary, we reserve the right to specify which government issued identification may be accepted based upon your location and our sole determination of the reliability of such documentation. As an example of documentation we do not accept, by way of example only and not limitation, we do not accept handwritten and/or paper documents. Additionally, as more fully detailed throughout the Platform, particularly during the age verification process, the acceptable government-issued identification must contain a photograph of you that is both recent and recognizable. Again, by way of example only, identification containing photos of you as a young minor or photos from several years ago, regardless of your current age or age at the time the image was taken, may be rejected under this requirement.
Additionally, by way of further example only, identification containing recent images which do not reflect alterations (such as surgeries, piercings, tattoos, or other modifications, whether temporary or permanent) in your face may also be rejected.
Payment Processing
Please note that we contract with various third parties to carry out payment processing in connection with any purchases you may make through the Content Platform. The processing and storage of any and all information you may provide to any such third-party payment processor, including information they may collect from you, is not governed by this Policy. You will need to review the Privacy and Cookie Policy for such third party on their website.
Two Factor Authentication
When you enable two factor authentication to protect your account, you are providing your phone number directly to a third party called Twilio. Their use of this information is outside of this Policy; however, they do not receive any information regarding your account beyond the phone number you provide directly to them.
Fraud Prevention Services
We use third-party services in connection with preventing fraud and other damage to our system. As such we may provide to such services with your IP and device data should your account be terminated for fraud or behavior which is damaging to our Platform. This information will be retained indefinitely for the protection of our Platform and users.
How we may use your information in specific products or services
Registration
General account registration: You are not required to provide any information to access the Content Platform other than confirming your Age of Majority. You may determine to create an account with the Platform. In such event you will be required to provide a user name, birthdate to demonstrate you meet our minimum age requirements, and your gender. This information, together with any information you determine to provide in your account profile, will be publicly posted in connection with your username.
Independent Creator registration: Should you determine to create a "Independent Creator" account (which is an account that is permitted to make available Content to Users for purchase), you will be required to provide a color copy of your current government-issued photo identification. This information is stored by us in compliance with United States Federal law. You will also be required to provide "pay to" information such as a bank account, cryptocurrency wallet, home address, or other payment information. You may also be required to provide certain taxpayer information. We report to the United States Internal Revenue Service all moneys paid by us to Independent Creators as required by law.
Chat and other public forums
The Content Platform may provide the ability for User and Independent Creators to interact through messaging features. Anything that you elect to share through messaging or other interactive means is deemed public information. You should always be careful when deciding to disclose your personal information.
Location based services
Where we provide services that utilize your device's location, we may permit other users of the service to block individuals in certain locations, based upon their IP, from accessing such users' content.
Certain Information Use Out of Our Control
Should you determine to upload or otherwise share any Content through the Content Platform, you understand that we cannot control the use of such Content by any user/observer of the Content Platform. Furthermore, we cannot control the use of any personal information you may determine to share with other users/observers of the Content Platform. You should exercise caution in sharing your location, name, account information, and other identifying information. For privacy, we recommend using a unique username not in any way tied to any of your social media accounts or real name.
How we may share your information
Your username will be associated with all activities you undertake through the Content Platform including, without limitation, messages sent, content shared, and content purchased. Your gender information will be used to categorize your account and the content that you share so it is easier for site users to find. Your IP addresses, device data, and other use information are used by us in order to optimize the Content Platform for use. Your usage history may also be used to help our internal algorithm to recommend other Independent Creators to you. Your information may also be shared with third parties with whom we contract to provide certain services on our website such as third-party hosting services and site optimization services. Your "pay to" information, if provided to us, will be shared with third parties (such as, by way of example only, our bank) only as necessary to process payments to you using the "pay to" information you have provided to us. Your government identification, if provided to us, will be shared as required to comply with applicable law, as may be requested by you in writing, and in connection with our reporting of suspected illegal or otherwise prohibited conduct. Notwithstanding the forgoing, we reserve the right to share any and all account information as we deem appropriate - in response to written request(s) from law enforcement or other third parties; should we believe, in our sole discretion, that you or your account may be involved with illegal activity; or, if we determine, in our sole discretion, that such disclosure is necessary to protect the rights or property of us, our users, or third parties.
Safeguards and security for your information
We have measures in place to protect the security of your personal information from unauthorized access or use, such as by using encryption technology.
Information Deletion
Should you request your personal data be deleted, it will be deleted in compliance with our data retention policy and applicable law and rules. In order to avoid abuse of our system, we will retain device and IP data relating to your account for a period of time to prevent you from creating a new account. In the event that you have tokens in your account at the time you request deletion, by requesting deletion you are agreeing that these tokens are being forfeited by you to us and that you shall not be entitled to a transfer of or refund for such tokens.
You can request permanent deletion by emailing us at [email protected].
COOKIES POLICY
You should be aware that when you use the Content Platform we may collect information using cookies or similar technologies.
What are cookies and how do they work?
Cookies are small files that are downloaded to your computer or mobile device when you visit a website. Your browser sends these cookies back to the website every time you visit the site again, so it can recognize you. This allows websites to tailor what you see on the screen.
Do we use other technologies which are similar to cookies?
Our websites, apps and emails often contain small invisible images known as 'web beacons' or 'tracking pixels'. These are used in a way similar to cookies, to understand when a particular part of a webpage is viewed. Our apps often use device identifiers in the same way as cookies. A device identifier is a unique number on your device which allow us to remember your device.
What do we use cookies for?
Cookies make using websites much smoother and affect lots of the useful features of websites. There are many different uses for cookies, but they fall into four main groups:
We also use cookies in order to know how many advertisements we serve, how many times these are clicked or hovered over with a mouse cursor, how many advertisements we show to a given user and how many customer actions these generate.
We may also use cookies on the Site and advertisers' sites to understand which customers reach a sale or other action page on an advertiser's site. This allows us to monitor how effective our advertising is.
Some of our web pages will contain promotional links to other companies' sites. If you follow one of these links and then register with or buy something from that other site, a cookie is sometimes used to tell that other site that you came from one of our sites. Such other site may then pay us a small amount for the successful referral. You will need to review the privacy policy of any website whose advertisement you click on as this Policy only applies to pages on our domain.
Contacting us and accessing your personal information
If you have any queries or comments about this Privacy & Cookies Policy OR if you wish to review or receive a copy of the personal information we hold about you, please email us at [email protected]
Changes to this Privacy & Cookies Policy
We reserve the right to make changes to our Privacy & Cookies Policy. Changes to this policy will be posted here and will become effective as of the updated effective date. Your continued use of our website or platform will signify your acceptance of these changes.