Consumer Health Data Privacy Policy
Effective 31 August 2026
Last updated: [DATE]
Effective date: [DATE]
This Consumer Health Data Privacy Policy explains how Nightcloud Interactive LLC (“Nightcloud,” “we,” “us,” or “our”) processes consumer health data subject to the Washington My Health My Data Act and Nevada’s consumer-health-data privacy law.
This Policy supplements our general Privacy Policy and applies only to information that qualifies as consumer health data under applicable Washington or Nevada law.
KinkzAI is an adults-only AI companion and roleplay service. KinkzAI is not a healthcare provider, mental-health provider, crisis-intervention service, or emergency service.
1. Consumer Health Data We Collect
Depending on how you use KinkzAI, we may collect or process the following categories of consumer health data.
1.1 Crisis and mental-health information contained in an interaction
If you express information through the Hosted Service concerning suicide, suicidal ideation, serious self-harm, dangerous eating-disorder behavior, severe distress, or a related mental-health or safety concern, that information may constitute consumer health data.
KinkzAI processes ordinary Hosted Service conversations transiently and does not maintain a server-side conversation archive as part of its ordinary operation.
1.2 Safety classifications and inferences
KinkzAI uses automated safety measures designed to identify certain expressions that may indicate:
- suicidal ideation;
- an intention or desire to die by suicide;
- planning or preparing for suicide;
- an attempted or recent suicide attempt;
- intentional self-injury;
- serious self-harm;
- dangerous eating-disorder behavior; or
- another potential crisis involving serious risk to a person’s safety.
A safety classification, signal, or inference associated with an identifiable or reasonably identifiable consumer may constitute consumer health data.
These automated measures are safety mechanisms and do not constitute a medical diagnosis or clinical assessment.
1.3 Crisis-response and referral information
Nightcloud maintains limited non-content information concerning a crisis-oriented safety response or referral, which may include:
- whether a safety response or crisis-resource referral occurred;
- the date or time of the event;
- the type of response or referral provided;
- limited technical information reasonably necessary to document operation of the safety measure; and
- information reasonably necessary to satisfy an applicable safety, regulatory, or reporting requirement.
Nightcloud does not retain the underlying Hosted Service conversation solely for purposes of crisis-referral counting or regulatory reporting.
1.4 Information you separately provide to Nightcloud
We may collect consumer health data if you voluntarily provide it through:
- a safety report;
- a complaint or appeal;
- a support request;
- a privacy request;
- a legal communication; or
- another direct communication with Nightcloud.
Information submitted separately through these channels may be retained even though ordinary Hosted Service conversations are not retained.
2. Why We Collect and Use Consumer Health Data
We may collect and use consumer health data for the following purposes:
- to operate KinkzAI’s suicide, self-harm, eating-disorder, and crisis-response safety measures;
- to identify circumstances in which a safety-oriented response or crisis-resource referral should be provided;
- to provide a safety-oriented response or crisis-resource information;
- to prevent the Hosted Service from encouraging or meaningfully facilitating suicide or serious self-harm;
- to document the operation of crisis-response measures;
- to satisfy applicable safety, legal, regulatory, or reporting obligations;
- to investigate and respond to a safety report, complaint, appeal, support request, or other communication;
- to evaluate and improve the operation and reliability of applicable safety measures;
- to protect the safety, security, and integrity of the Service; and
- to comply with applicable law and valid legal process.
Nightcloud does not collect or use consumer health data for targeted advertising.
Nightcloud does not use consumer health data to build advertising profiles.
Nightcloud does not use consumer health data to determine eligibility for employment, housing, credit, insurance, education, or similar services.
3. Sources of Consumer Health Data
Nightcloud may obtain consumer health data from:
- you, including information you provide through a Hosted Service interaction, complaint, safety report, support request, appeal, privacy request, or other communication;
- KinkzAI’s automated safety systems, which may derive or infer a crisis-related safety classification from information being processed during an interaction;
- your account and use of KinkzAI, to the limited extent account or technical information is associated with a crisis-related safety event or referral; and
- another person, if that person submits a complaint, safety report, or other communication concerning you.
4. How We Process Consumer Health Data
Consumer health data may be processed through automated and manual processes depending on how the information arises.
Hosted Service conversation content may be processed transiently in memory to provide an AI response and operate applicable content and safety controls.
Automated systems may analyze the current interaction and relevant conversation context to identify certain crisis-related expressions or safety signals.
Nightcloud does not retain the underlying Hosted Service conversation merely because an automated safety measure analyzes it.
Nightcloud retains limited non-content crisis-response or referral information as described in Section 1.3.
If you separately submit consumer health data through a complaint, support request, safety report, legal communication, or similar channel, authorized personnel may review and process that information as reasonably necessary for the purpose for which it was submitted.
Processors acting on Nightcloud’s behalf may process consumer health data only as necessary to perform applicable services and subject to applicable instructions and contractual restrictions required by law.
5. Consumer Health Data We Share
Nightcloud does not sell consumer health data.
Nightcloud does not ordinarily disclose consumer health data to unaffiliated third parties for their own independent purposes.
Depending on the circumstances and applicable law, Nightcloud may share consumer health data where:
- you provide any consent required for the sharing;
- the sharing is necessary to provide a product or service that you requested and applicable law permits the sharing on that basis;
- disclosure is required or authorized by applicable law or valid legal process;
- disclosure is legally permitted and reasonably necessary to establish, exercise, or defend legal claims; or
- another disclosure is permitted under applicable consumer-health-data law.
Categories of consumer health data that may be shared in those circumstances include:
- crisis-related information you separately provided to Nightcloud;
- a crisis-related safety classification or referral record;
- supporting information associated with a safety report, complaint, or legal matter; and
- other consumer health data reasonably necessary for the permitted purpose.
Service providers and processors may process consumer health data on Nightcloud’s behalf as necessary to provide KinkzAI and its safety functionality. Applicable law may distinguish processor handling from disclosure to a third party.
6. Third Parties, Affiliates, and Processors
Nightcloud does not currently have an affiliate with which it shares consumer health data.
To the extent Nightcloud shares consumer health data with a third party under applicable Washington or Nevada law, categories of third parties may include:
- law-enforcement agencies, courts, regulators, and other governmental authorities where disclosure is required or otherwise permitted by applicable law;
- professional advisers where disclosure is legally permitted and reasonably necessary for legal advice, compliance, investigation, or the establishment, exercise, or defense of legal claims; and
- another recipient where you specifically consent to, direct, or request the disclosure.
Processors acting on Nightcloud’s behalf may include providers of:
- hosting;
- computing infrastructure;
- AI inference;
- databases and authentication;
- security;
- communications; and
- other technical services necessary to operate KinkzAI and its safety functionality.
Nightcloud does not currently permit a third party to collect consumer health data over time and across different Internet websites or online services when you use KinkzAI.
7. Consent
Nightcloud collects consumer health data only:
- with your consent where consent is required by applicable law; or
- to the extent collection is necessary to provide a product or service that you requested where applicable law permits collection on that basis.
Where consent is required, Nightcloud will obtain it before the applicable collection and will clearly and conspicuously identify the categories of consumer health data involved, the purpose of the collection, how the information will be used, and how you may withdraw consent.
Nightcloud shares consumer health data only:
- with any consent required by applicable law;
- to the extent necessary to provide a product or service you requested where applicable law permits sharing on that basis; or
- as otherwise authorized or required by applicable law.
Where applicable law requires consent to share consumer health data, that consent will be separate and distinct from any consent required to collect consumer health data.
Nightcloud will not collect, use, or share an additional category of consumer health data, use consumer health data for a materially additional purpose, or share consumer health data with an additional category of recipient where applicable law requires prior disclosure and affirmative consent without first providing the required disclosure and obtaining the required consent.
You may withdraw consent to future collection or sharing by using the request process in Section 10.
8. No Sale of Consumer Health Data
Nightcloud does not sell consumer health data.
If Nightcloud changes this practice, Nightcloud will first obtain any separate written authorization required by applicable law.
Nightcloud will not condition access to KinkzAI on an authorization to sell consumer health data where applicable law prohibits that practice.
9. Your Consumer Health Data Rights
Depending on whether Washington or Nevada law applies, you may have the right to:
- confirm whether Nightcloud is collecting, sharing, or selling consumer health data concerning you;
- access consumer health data concerning you;
- obtain information concerning third parties or affiliates with whom Nightcloud has shared or sold your consumer health data, including available contact information where required by law;
- withdraw consent to future collection or sharing of consumer health data;
- require Nightcloud to cease certain collection, sharing, or sale of consumer health data;
- request deletion of consumer health data concerning you;
- review consumer health data Nightcloud maintains concerning you and request changes where applicable;
- appeal Nightcloud’s refusal to act on an applicable request; and
- exercise your rights without unlawful discrimination or retaliation.
Nightcloud does not sell consumer health data, so rights relating specifically to an existing sale do not presently affect Nightcloud’s practices.
10. How to Exercise Your Rights
You may submit a consumer health data request by emailing:
admin@kinkzai.com
Please state that your request concerns Consumer Health Data, identify whether you are a Washington or Nevada consumer if applicable, and identify the right you wish to exercise.
You do not need to create a new KinkzAI account to submit a request.
If you already have an account, Nightcloud may use information associated with that account to authenticate your request.
Nightcloud may request additional information reasonably necessary to authenticate your identity and request.
Do not email a government identification document unless Nightcloud specifically requests additional verification through an appropriate process.
A Nevada consumer who wants to review or request changes to consumer health data Nightcloud maintains may use this same request process.
Nightcloud will not charge for a consumer health data request except where a fee is permitted by applicable law.
11. Response and Deletion Timing
Nightcloud will respond to consumer health data requests within the period required by the law applicable to the request.
11.1 Washington
For a request subject to the Washington My Health My Data Act, Nightcloud will respond without undue delay and no later than 45 days after receipt of the request.
Where reasonably necessary because of the complexity or number of requests, Nightcloud may extend that period once by up to an additional 45 days. Nightcloud will provide notice and the reason for the extension within the initial 45-day period.
If deletion is requested, Nightcloud will delete covered consumer health data and notify applicable affiliates, processors, contractors, and other third parties as required by Washington law.
Deletion from archived or backup systems may be delayed for the period permitted by Washington law.
11.2 Nevada
For a request subject to Nevada consumer-health-data law, Nightcloud will respond without undue delay and no later than 45 days after authenticating the request.
Where reasonably necessary based on the complexity and number of requests, Nightcloud may extend that period once by up to an additional 45 days and will provide notice of the extension and the reason for it within the initial response period.
For an authenticated Nevada deletion request, Nightcloud will delete covered consumer health data from its records and network and notify applicable affiliates, processors, contractors, and other third parties within the periods required by Nevada law.
Deletion from archived or backup systems may be delayed for the period permitted by Nevada law.
12. Appeals
If Nightcloud refuses to take action on a consumer health data request, you may appeal by emailing:
admin@kinkzai.com
Please identify the original request and state that you are submitting a Consumer Health Data Appeal.
Nightcloud will respond to the appeal in writing within 45 days after receipt and will explain the action taken or not taken.
If Nightcloud denies an appeal, Nightcloud will provide the information required by applicable law for contacting the Washington State Attorney General or Nevada Office of the Attorney General, as applicable.
13. Security and Access Controls
Nightcloud uses administrative, technical, and organizational measures designed to protect consumer health data against unauthorized access, acquisition, destruction, alteration, loss, or disclosure.
Access to consumer health data by Nightcloud personnel and processors is limited to circumstances in which access is reasonably necessary for the applicable permitted purpose, requested Service, safety function, or other lawful processing.
No security system can guarantee absolute security.
14. Geolocation and Health-Related Tracking
Nightcloud does not currently collect precise geolocation through KinkzAI as part of its ordinary operation.
Nightcloud does not use geofencing technology to identify or track consumers seeking in-person healthcare services or products, collect consumer health data from such locations, or send health-related advertising based on presence near those locations.
15. Changes to This Policy
Nightcloud may update this Policy to reflect changes in KinkzAI, its consumer-health-data practices, or applicable law.
Nightcloud will update the “Last updated” and, where appropriate, “Effective date” above when this Policy changes.
Where applicable law requires notice of a material change, Nightcloud will provide notice through an appropriate method, which may include an in-Service notice, account communication, or email.
If a change would involve collecting, using, or sharing an additional category of consumer health data, adding a materially different purpose, or making another change for which applicable law requires affirmative consent, Nightcloud will provide the required disclosure and obtain the required consent before the applicable processing begins.
16. Contact Information
Questions concerning this Consumer Health Data Privacy Policy or Nightcloud’s handling of consumer health data may be submitted to:
admin@kinkzai.com
KinkzAI is operated by:
Nightcloud Interactive LLC
5205 Harvest Run Way
Myrtle Beach, South Carolina 29579
United States
Email: admin@kinkzai.com