LAST UPDATED: August 8, 2022
If you are a resident of California, please also review our California Resident Privacy Notice for more information about your rights under California law.
PERSONAL INFORMATION WE COLLECT
We may collect a variety of Personal Information from or about you or your devices from various sources, as described below.
Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Service if that Personal Information is necessary to provide you with the Service or if we are legally required to collect it.
1. Personal Information You Provide Us
Registration. When you register for an account on Caffeine, we collect Personal Information that you provide to us, such as your email address, username, birth date and password.
Broadcasts and other User Generated Content. When you use the Service, we collect any content that you choose to post on the Service, including your broadcast video and audio, and any chat messages that you may choose to post.
Communications and Support. If you contact us directly, we may receive additional Personal Information about you. For example, when you contact our Customer Support Team, we may receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other Personal Information you choose to provide.
Credit Redemption Procedure. If you register for approval to redeem Credits for real money currency, you will be required to provide additional financial and tax-related Personal Information to us or our third-party service providers that legally screen you for eligibility and process any payments to you on our behalf. Your Personal Information will be collected and stored by our third-party payment provider and not by us, except as required for us to report to tax authorities (directly or via third party tax reporting service).
Careers. If you decide to apply for a job with us, we will collect the Personal Information you choose to provide us as part of your job application, such as your contact information and other information you choose to submit with your application and on your resume. If you apply for a job with us through a third-party platform, we will collect the Personal Information you make available to us through such third-party platform.
Any information that you choose to share on any publicly available portion of the Service or with third parties may be collected and used by third parties without restriction.
2. Personal Information Obtained from Third Parties
Social Sign-On/Account Linking. You may choose to sign in using your eligible social media (Facebook, Twitter and Apple) account credentials or subsequently link your social media accounts to your Caffeine account, in which case we may collect your social media account ID and associated email address. If you choose to use such accounts to sign in or link accounts, we will receive access to your associated friends or follower lists (however such relations are named on the relevant social media platform), which we use to personalize the content we provide you, including broadcasts and chat. Your friends/followers who have also linked their Caffeine accounts will automatically become your followers/followees on Caffeine. In such case, we may share limited information with the social media platform about your activities on Caffeine while engaged with their products (such as a game).
Financial Personal Information. We use third-party payment services to process payments made through the Service. For example, if you make a purchase using a credit or debit card through the Service, your Personal Information will be collected and stored by this third-party payment provider and not by us. We may have access to the Personal Information in order to validate the transaction as part of our anti-fraud efforts. If you apply for eligibility to be paid real money from Caffeine, we use a third-party payment service to collect your Personal Information, screen it to comply with legal requirements, and make payments to you. We also use this service to collect and store your Personal Information so that we can meet our reporting requirements. We may obtain this Personal Information to fulfill our tax reporting obligations.
3. Personal Information We Collect Automatically from Your Use of the Service
a. Location Information. We may infer your general location information (for example, your IP address may indicate your general geographic region).
b. Device Information. We receive information about the device and software you use to access our Service, including internet protocol (IP) address, web browser plug-in types and versions, operating system version, platform, and device identifiers.
c. Usage Information. To help us understand how you use our Service and to help us improve it, we automatically receive information about your interactions with our Service, such as the pages or other content you view, the searches you conduct, and the dates and times of your visits.
f. Caffeine Embedded Web Player. Other websites may integrate Caffeine’s embedded web player. When you visit such a website, we may receive certain information about you, including information about the web page you visited, your IP address, and other information about your device. When you interact with a Caffeine embedded web player, we may also receive information about the content you viewed and whether you are logged in to our Service. If you interact with Caffeine’s embedded web player on different websites, we may be able to recognize your visits across those websites.
HOW WE USE YOUR PERSONAL INFORMATION
We use the Personal Information we collect:
1. To operate, maintain, enhance and provide features of the Service, to provide Service and information that you request, to respond to comments and questions, and otherwise to provide support to users.
2. To personalize your experience on the Service by presenting content, chat, products and offers tailored to you. For example, we may analyze your activity and those of your friends on the Service to personalize your feed and inform you about ongoing or future Broadcasts, or other content that may be of interest to you.
3. To fulfill your purchase or complete your cash-out transaction.
4. To understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionality.
5. To contact you for administrative and informational purposes. This may include providing customer service or sending communications, including changes to our terms, conditions, and policies.
6. For marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest.
7. For our business purposes, such as audits, security, compliance with our internal policies, license agreements with content providers, applicable laws and regulations, fraud and financial crime monitoring and prevention.
8. For compliance purposes, including enforcing our Terms of Service, Community Rules, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and
9. For other purposes for which we provide specific notice at the time the Personal Information is collected.
LEGAL BASES FOR PROCESSING EUROPEAN PERSONAL INFORMATION
If you are located in the European Economic Area, we only process your Personal Information when we can rely on a valid legal ground, including when:
1. Consent. You have consented to the use of your Personal Information, for example, to receive electronic marketing communications or provide you with relevant Broadcasts and tailored content.
2. Contractual necessity. We need your Personal Information to provide you with the Service, including account registration, and to respond to your support inquiries.
3. Compliance with a legal obligation. We have a legal obligation to use your Personal Information, such as the obligation to protect IP rights or for fraud and financial crime prevention and monitoring.
4. Legitimate interests. We, or a third party, have another legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information to personalize our Service and provide you with tailored content, conduct business analytics, comply with license agreements entered into with third-party content providers, and otherwise improve the safety, security, and performance of our Service. We only rely on our or a third party's legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.
HOW WE SHARE YOUR PERSONAL INFORMATION
We do not share or otherwise disclose Personal Information we collect from you except as described below or otherwise disclosed to you at the time of the collection:
2. To our third-party service providers who provide services such as website hosting, payment processing, data analysis, information technology and related infrastructure provision, customer service, email delivery, online advertising, auditing, and other services.
3. To our third-party licensors who provide content for use on the Service. Your use of and engagement with such third-party licensors' content may result in such licensors obtaining detailed information about such use and engagement.
5. We share certain Personal Information about your activity on the Service with Users who follow you on the Service. For example, your followers will be able to view your Broadcasts on the Service and any Broadcasts that you are watching and any comments that you send to other Users on the Service. We are not responsible for the privacy practices of other Users. Accordingly, we recommend that you carefully consider what you post to the Service before doing so.
6. To a potential or actual acquirer, successor, or assignee as part of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in bankruptcy or similar proceedings).
7. If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
8. We may also share Personal Information about you with other third parties with your permission. We may use and disclose aggregate information that does not identify or otherwise relate to an individual for any purpose, unless we are prohibited from doing so under applicable law.
THIRD PARTY SERVICES
SECURITY AND DATA RETENTION
We use certain physical, organizational, and technical safeguards that are designed to maintain the integrity and security of Personal Information that we collect. We maintain administrative, technical and physical safeguards that are intended to appropriately protect Personal Information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information in our possession. Please be aware that no security measures are perfect or impenetrable and thus we cannot and do not guarantee the security of your data.
We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when we determine that this information is no longer necessary for the purposes for which we process it, unless we are required or allowed by law to keep this information for a longer period. When we determine how long to retain your Personal Information, we consider various criteria such as the type of services we provided to you, the nature and length of our relationship with you, the mandatory retention periods provided by law, and the relevant statutes of limitations.
From time to time, we send marketing email messages to our users. If you no longer want to receive such emails from us on a going forward basis, you may opt out via the "unsubscribe" link provided in each such email. If you opt out from receiving promotional messages from us, you will continue to receive administrative messages from us.
This section applies if you are located in the European Economic Area or the United Kingdom. Caffeine is the data controller for processing Personal Information provided to Caffeine in relation to the Service. Caffeine is the data processor for the content that users choose to stream in relation to the Service.
Subject to applicable law and reasonable steps that we may take to verify your identity with respect to your requests, you have the following rights in relation to your Personal Information:
You may request access to the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, restrict or object to the processing of your Personal Information, have the Personal Information anonymized or deleted, as appropriate, or exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
You may withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before you withdrew your consent.
USE OF SERVICE BY MINORS
The Service is for a general audience and is not directed to individuals under the age of 13. As such, we insist that individuals under 13 not provide Personal Information through the Service.
If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers (subject to applicable law and this Policy). If you believe that a child under the age of 13 has provided us with information or has posted content to our Site, please contact us at email@example.com.
INTERNATIONAL CROSS-BORDER DATA TRANSFER
We use servers hosted in the United States (U.S.) to store Personal Information. If you choose to use our Service from regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your Personal Information outside of those regions to the U.S. for storage and processing, which does not have the same data protection laws as your jurisdiction. When we transfer your Personal Information to the U.S., we take steps to comply with applicable data protection law, in particular legal requirements regarding adequate protection for data transfers. We may transfer Personal Information from the European Union or the United Kingdom to the United States as needed to perform the Service that you have requested from us, or with your consent. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating our Service. By providing any information, including Personal Information, on or to the Service, you consent to such transfer, storage, and processing.
If you are located in the European Economic Area or the United Kingdom, we will comply with applicable data protection laws when transferring your Personal Information outside of the European Economic Area or the United Kingdom. We may transfer your Personal Information to countries which have been found to provide adequate protection by the EU Commission (e.g., Switzerland and Canada), use contractual protections for the transfer of Personal Information, or transfer Personal Information on the basis of a General Data Protection Regulation (“GDPR”) derogation. For more information about how we transfer Personal Information outside of the European Economic Area or the United Kingdom, or to obtain a copy of the contractual safeguards we use for such transfers, you may contact us as specified below.