Privacy Policy

Here at Memberse, we take your privacy seriously. Learn how we treat your personal information. By using Memberse, as a Creator or a Member, you acknowledge that you accept the practices and policies outlined in this document, and you hereby consent that we will collect, use, and share your information in the following ways.

Memberse

Memberse, Inc, 1000 Brickell Avenue, Miami, FL 33131, and its parent company Memberse OÜ, Tallinn, Estonia, (hereinafter together: Memberse) takes your privacy very seriously. Please read this Privacy Policy carefully as it contains important information.

This Privacy Policy defines how Memberse processes your personal data, thus understanding the Privacy Policy is important because, to use our services, you confirm reading and understanding it.

Memberse may process Personal Data as:

A controller, while determining the purposes and means of processing;
A processor in accordance with the instructions from the controller; and
A recipient to the extent to whom the Personal Data are transferred.

This Privacy Policy constitutes an inseparable part of the Terms and Conditions.

The Privacy Policy shall use definitions written in caps for such terms that are defined in the Terms and Conditions or General Data Protection Regulation (GDPR), and it applies to the Data Subjects, and the rights and obligations set out in the Privacy Policy shall be followed by all the employees and partners of Memberse who come into contact with the personal data that are in the possession of Memberse.

The Privacy Policy may supplement the privacy statements published on the services (such as website, mobile application), and the Privacy Policy may also be amended and supplemented by the same.

You may always contact us to enquire about this Privacy Policy or for any assistance at hi@memberse.com.

Memberse Platform

The Memberse platform was created with the main purpose of making content creation a safe and healthy space for everyone who loves creating and consuming quality content. Memberse provides a platform where creators can post content and meet members of their communities (members), and members can access the content, and interact with the creators and other community members.

The Memberse platform is established and operates for its community – creators and members – and not for advertisers. Our aim is to bring relevant content close to members and make it enjoyable and reasonable for creators to create and share their content on the Memberse platform in an accessible, easy-to-follow manner, without the distraction of advertisements.

Principles

Our services are developed for adults keeping privacy by design and by default in mind. We abide by principle to collect as little personally identifiable data from our users as possible. This means we will not track you, retain your device or connection data, or contact you at our initiative.

All the processes, guidelines, operations and activities of Memberse that are related to Personal Data processing are based on the following principles:

Lawfulness

There is always a legal basis for the processing of Personal Data, i.e. consent;

Fairness

Personal Data processing shall be fair, while providing a Data Subject with sufficient information and communication on how the Personal Data are processed

Transparency

Personal Data processing shall be transparent for the Data Subject;

Purposefulness

Personal Data shall be collected for legitimate purposes that have been established precisely and clearly, and shall not later be processed in any manner that is in conflict with these purposes;

Minimization

Personal Data shall be adequate, relevant and limited to what is necessary for the purpose of processing the given Personal Data. Memberse shall be guided by the principle of minimum processing in Personal Data processing, and as soon as the Personal Data are no longer necessary or are no longer needed for the purposes for which they were collected, the Personal Data shall be deleted;

Accuracy

Personal Data shall be correct and shall be updated as necessary, and all reasonable measures shall be taken to ensure that Personal Data that are incorrect in the light of the purpose of Personal Data processing shall be deleted or corrected without delay;

Limit of Storage

Personal Data shall be stored in the format enabling the identification of Data Subjects only as long as it is necessary to achieve the purpose for which the Personal Data are processed. This means that in case Memberse wishes to store the Personal Data for a longer period of time than necessary for the purpose of collecting the data, Memberse shall anonymize the data in such a manner that the Data Subject shall no longer be identifiable;

Reliability and Confidentiality

Personal Data processing shall be carried out in a manner ensuring the adequate security of Personal Data, including their protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, by taking reasonable technical or organizational measures. Memberse has internal guidelines, rules for the employees, and separate agreements with every processor, stipulating the best practices, on-going risk assessment, and adequate technical and organizational measures for Personal Data processing;

Data Protection by Design and by Default

Memberse shall ensure that all the systems used shall meet the required technical criteria. The suitable data protection measures have been planned upon the renewal or design of every information or data system (e.g. the information systems and business processes are constructed using pseudonymization and encryption).

Upon Personal Data processing Memberse shall act with the purpose of always being capable of evidencing the conformity to the aforesaid principles and additional information regarding the conformity to these principles can also be requested from Memberse.

Composition of Personal Data

To use Memberse services the following data may be collected from you:

Your communication with us or with creators and fans on the Memberse platform (such as messages);

Your IP address and unique mobile device identification numbers (such as your device ID, advertising ID, MAC address), unique subscriber ID;

Data we collect with cookies and similar technologies (Cookies Notice);

Data (such as your first name, last name, nickname, e-mail address) we receive if you use our social media page or if you sign up by using a social login API or directly with us;

Details of orders (free trial, amount spent, date, time, vouchers or offers used);

Data from the Memberse platform regards the use of the platform and services therein (such as use data, payment data);

Data from third-party platforms (such as to verify payment for in-app purchases);

Unique tokens that enable users to make purchases using the information the payment processor has stored that is made available to Memberse by payment processors or platforms;

Data you directly give Memberse (such as when contacting our support).

For the purposes of clarity, as Memberse is aiming to be a company using as little Personal Data as possible, most of the data collected are handled by third parties to enable in-app purchases and Memberse does not retain such data.

Composition, Purposes and Bases for Processing of Personal Data

Memberse shall process Personal Data only on a legal basis. Legal bases for processing of Personal Data include but are not limited to consent, legitimate interests or an agreement between the Data Subject and Memberse.

Memberse shall process Personal Data on the basis of consent precisely within the limits, to the extent of and for the purposes determined by the Data Subject. As for consent, Memberse shall follow the principle that all consent shall be clearly distinguishable from other matters, in an intelligible and easily accessible form, using clear and plain language. Consent may be given in writing or by electronic means. A Data Subject shall give the consent freely, specifically, informedly and unambiguously, for example by ticking a box for using Memberse services.

Upon entry into and performance of an Agreement, Memberse may process Personal Data for the following Purposes:

to identify you to the extent required by due diligence or inasmuch as necessary for enabling in-app purchases;
to perform the obligations to you regarding the provision of its services;
to communicate with you;
to submit, realize and defend claims.

Legitimate interest means the interest of Memberse in the management and direction of its business in order to be able to offer the best possible Services on the market. Memberse shall process Personal Data on a legal basis only after careful consideration in order to ascertain the legitimate interest of Memberse, based on which the Personal Data processing is necessary and is in compliance with the interests and rights of a Data Subject (after carrying out the so-called three-step test). In particular, Personal Data processing may take place on the basis of a legitimate interest for the following purposes:

for the operation of the Memberse platform and services (for example another creator or member uses your data by tagging you);
for ensuring a trust-based relationship with you, for example Personal Data processing that is strictly necessary to determine the ultimate beneficiaries or to prevent fraud;
for the administration and analysis of the client base to improve the availability, selection and quality of services and products, and to make the best and most personalized services and offers to you;
for the identifiers and Personal Data collected upon the use of websites, mobile applications and other services. Memberse shall use the collected data for web analysis or for the analysis of mobile and information society services, for ensuring and improving the functioning, for statistical purposes and for analysing the behavior and user experience and for providing better and more personalized services;
for the organization of campaigns, including organization of personalized and targeted campaigns, carrying out satisfaction surveys, and measuring the effectiveness of the performed marketing activities;
for monitoring of the service. Memberse may record the messages and instructions given in its premises as well as by means of communication (e-mail, telephone, etc.), as well as information and other operations carried out by Memberse, and shall use those recordings as needed to evidence instructions or other operations;
for network, information and cyber security considerations, for example for fighting piracy and for ensuring the security of the services, as well as for the measures taken for making and storing backup copies;
for corporate purposes, in particular for the financial management and for transferring Personal Data within the group for internal administrative purposes, including the processing of the Clients’ Personal Data;
for the establishment, exercise or defense of legal claims.

For performing a legal obligation, Memberse shall process Personal Data to perform the obligations set forth by law or to exercise the uses permitted by law. Legal obligations derive, for example, from adhering to the rules of payment processing and prevention of money laundering.

In case Personal Data processing is carried out for a new purpose, different from those for which the Personal Data were originally collected, or is not based on the consent given by the Data Subject, Memberse shall carefully assess the permissibility of such new processing.

Disclosure and/or Transfer of Data to Third Parties

Memberse cooperates with persons to whom Memberse may transfer data regarding the Data Subjects, including their Personal Data, in the context and for the purposes of cooperation. Such third persons may be:

Memberse secure e-commerce payment providers;
IT service providers and (cloud) server providers;
advertising and marketing partners, companies carrying out client satisfaction surveys, IT partners, persons, authorities and organizations intermediating or providing (electronic) mail services.

Any transfer is done by Memberse if it is provided that:

the respective purpose and the processing are lawful;
the Personal Data processing is carried out in accordance with the guidelines of Memberse and on the basis of a valid agreement.

Memberse shall transfer Personal Data to the outside of the European Union only if there is sufficient protection in the respective country; if protection measures have been agreed upon and the transfer is clearly permitted under applicable laws.

Security of Personal Data Processing

Memberse shall store the Personal Data strictly only for the minimum period required. As the Personal Data collected by Memberse to a large extent is a unique subscriber ID or unique device ID, we shall retain this information for 3 years as this is the limitation of claims deriving from the law.

The Personal Data with an expired storage period shall be destroyed using the best practice and in accordance with the procedure established for this purpose by Memberse.

In case of an incident related to Personal Data, Memberse shall take all necessary measures to mitigate the consequences and hedge any relevant risks in the future. Inter alia, Memberse shall register all the incidents and shall inform the Data Protection Inspectorate and the Data Subject directly (e.g. by email) or in public (e.g. via the news) in prescribed cases.

Processing of the Personal Data of Children

The Services of Memberse, including the information society services, do not target Children.

Memberse does not knowingly collect any information on persons under 13 years of age, i.e. children, and in case of any respective informed activity we shall act on the basis of the requests of a parent or guardian (including consent to send products to the name of a Child).

In case Memberse finds out that it has still collected Personal Data from a Child or regarding a Child, Memberse shall use its best efforts to discontinue the processing of the respective Personal Data.

Rights of Data Subjects

Rights related to consent:

A Data Subject will always be entitled to inform Memberse about their wish to withdraw the consent for the Personal Data processing.
You will be able to view, change and withdraw your consent given to Memberse on the User Account or by contacting Memberse.

A Data Subject also has the following rights upon Personal Data processing:

Right to receive information, i.e. the right of a Data Subject to receive information regarding the Personal Data collected about them.

Right of access to data that, inter alia, includes the right of a Data Subject to a copy of the processed Personal Data.

Right to rectification of inaccurate Personal Data. A Data Subject shall contact Memberse for this purpose.

Right to erasure of data, i.e. in certain cases a Data Subject will be entitled to demand the deletion of Personal Data, for example if the processing is carried out only on the basis of consent.

Right to demand restriction of Personal Data processing. This right is created, inter alia, in case the Personal Data processing is not permitted under law or if the Data Subject challenges the accuracy of the Personal Data. A Data Subject will be entitled to demand the restriction of the Personal Data processing for a period enabling the processor to check the accuracy of the Personal Data or if the Personal Data Processing is unlawful but the Data Subject does not request the deletion of the Personal Data.

Right to data portability, i.e. a Data Subject shall have, in certain cases, the right to receive the Personal Data in a machine-readable format, and to take these data along or transfer them to another controller.

Rights related to automated processing means, inter alia, that a Data Subject will have the right to object, on grounds relating to their particular situation, at any time to processing of Personal Data concerning them, based on automated decision-making.

Right to the assessment of a supervisory authority on whether the processing of the Personal Data of the Data Subject is lawful.

Compensation for damage.

Exercising Rights and Filing Complaints

Exercising rights. A Data Subject will be entitled to address Memberse via hi@memberse.com in case of any question, request or complaint related to Personal Data processing.

Filing complaints. A Data Subject will be entitled to address a complaint to Memberse and the Data Protection Officer of Memberse, to the Data Protection Inspectorate or to a court if the Data Subject is of the opinion that their rights have been infringed in Personal Data processing. The contact details of the Data Protection Inspectorate are available on the website of the Data Protection Inspectorate: http://www.aki.ee/.

Cookies and Other Web Technologies

Memberse may collect data regarding the users of its services by using Cookies and other web technologies for this purpose (i.e. small pieces of information stored by the browser on the hard drive of the computer or any other device) or other similar technologies (e.g. IP address, equipment information, location information) and process these data.

Memberse uses the collected data to enable the provision of the Service in accordance with the habits of users; to ensure the best Service quality; to inform the user about the contents and give recommendations; to update advertisements and make marketing efforts more efficient; and to facilitate logging in and protection of data. The collected data shall also be used for counting the users and recording their using habits.

Memberse uses session Cookies, persistent Cookies and advertising Cookies. A session Cookie is deleted automatically after every visit; persistent Cookies shall remain upon repeated use of the Website, and advertising Cookies and third party Cookies are used by the Websites of the partners of Memberse, which are connected with the Website of Memberse. Memberse does not control the generation of those Cookies; therefore, information on these Cookies can be obtained from third persons. Further information on Cookies is available in the explanatory materials.

As to the Cookies, the user agrees with the use of Cookies on the Website, in information society service devices or the web browser.

Most of the web browsers allow Cookies. Without fully allowing Cookies, the functions of the Website are not available to a Visitor. Allowing or prohibiting Cookies and other similar technologies shall be under the control of a user via the settings of the web browser, settings of the information society service and platforms for making such privacy more efficient.

Privacy and Personal Data

However, we emphasize that Memberse’s application is available via third party services (such as App Store, Google Play) and using Memberse needs additional third party services (such as an internet connection). This means that your Personal Data may be processed by those third parties and you may learn more about these processing activities from the third party service webpage or by asking the provider of such services directly. If you have a specific question, please do contact us and we will do our utmost to be of assistance.

Changes to the Privacy Policy

We may change this Privacy Policy. If we make a material change, we’ll provide you with reasonable advance notice and the opportunity to review the changes. If you do not agree to the new terms, you should stop using Memberse. You can also end your relationship with us at any time by deleting our applications and services from your devices.

Memberse ® – 2023