Privacy Policy
Effective 31 August 2026
This Privacy Policy explains how Nightcloud Interactive LLC (“Nightcloud,” “we,” “us,” or “our”) collects, uses, discloses, retains, and protects personal information in connection with KinkzAI.
KinkzAI is an adults-only AI companion and roleplay service.
Contents
Privacy at a Glance
Who We Are
What This Policy Covers
Your Conversations, Local Content, and Voice Features
Information We Collect
How We Use Information
AI, Safety Systems, and Model Training
Who We Disclose Information To
Cookies and Similar Technologies
How Long We Keep Information
Security and Data Breaches
Your Privacy Choices and Rights
International Processing
Consumer Health Data
Adults Only
Changes and Contact Information
Annex A — California Privacy Notice and Notice at Collection
Annex B — European Economic Area and United Kingdom Privacy Notice
Annex C — Other United States Privacy Rights
1. Privacy at a Glance
KinkzAI is designed around a relatively limited data model.
Here are the points most users will want to know:
We do not maintain an ordinary server-side archive of your Hosted Service conversations. Your conversation is processed to generate a response, but Nightcloud does not keep an ordinary server-side conversation history after that processing is complete.
Content you keep locally in the Desktop App stays on your device. Nightcloud does not receive Local Content merely because you use it with the Desktop App.
We do not use your Hosted Content to train or fine-tune AI models. Nightcloud also does not instruct or authorize service providers acting on its behalf to use Hosted Content to train or fine-tune their general-purpose AI models.
We do not sell your personal information.
We do not share your personal information for cross-context behavioral advertising or use Hosted Content to build advertising profiles.
Age verification is performed by a third-party provider. Nightcloud receives limited information about the verification result and does not ordinarily receive copies of identification documents submitted directly to that provider.
If you use voice features, your voice input is processed to provide the feature. KinkzAI does not use voice input for biometric identification or authentication.
Automated safety systems may analyze an interaction for certain crisis-related signals. This processing may involve sensitive information concerning mental health, suicide, self-harm, or eating-disorder behavior. Nightcloud does not keep the underlying conversation merely because the safety system evaluated it.
We collect ordinary account, billing, technical, security, and support information needed to operate KinkzAI.
This section is a plain-language overview. The rest of this Privacy Policy provides additional detail. The annexes provide additional disclosures and rights for particular jurisdictions and control where they provide a more specific rule.
2. Who We Are
KinkzAI is operated by:
Nightcloud Interactive LLC
5205 Harvest Run Way
Myrtle Beach, South Carolina 29579
United States
Email: admin@kinkzai.com
Nightcloud determines the purposes and means of processing the personal information described in this Privacy Policy.
Where the European Union General Data Protection Regulation (“GDPR”), United Kingdom GDPR (“UK GDPR”), or another law uses the term “controller,” Nightcloud is the controller of personal data for which Nightcloud determines the purposes and means of processing.
3. What This Policy Covers
This Privacy Policy applies when you:
visit or use KinkzAI;
create, access, or manage an account;
complete age verification or age assurance;
interact with AI characters through the Hosted Service;
use voice features;
download or use the Desktop App;
purchase or manage a subscription;
contact us for support;
submit a complaint, appeal, safety report, privacy request, or legal communication; or
otherwise interact with KinkzAI.
Capitalized terms not defined here have the meanings given to them in our Terms of Service.
This Privacy Policy does not govern a third-party website, application, AI model, or service that Nightcloud does not control.
4. Your Conversations, Local Content, and Voice Features
4.1 Hosted Service conversations
The Hosted Service is designed so that Nightcloud does not maintain a server-side archive of ordinary AI conversations.
When you submit Hosted Content, your message and relevant conversation context are processed so that KinkzAI can construct the applicable request, transmit it through infrastructure used to generate an AI response, and return the response to you.
Conversation content may remain in your browser during the applicable session, but Nightcloud does not maintain an ordinary server-side conversation history after the applicable processing is complete.
Nightcloud’s ordinary Service logging is not designed to maintain a record of Hosted Content.
Third-party computing, hosting, network, voice, or infrastructure providers may process Hosted Content as technically necessary to provide the applicable feature.
The ordinary no-conversation-archive practice does not apply to content that:
you separately submit through a complaint, safety report, support request, legal communication, or other communication;
Nightcloud is required to preserve after the information comes into its possession; or
is otherwise separately processed as disclosed to you.
Because Nightcloud does not maintain an ordinary server-side conversation archive, we may be unable to retrieve or reproduce a Hosted Service conversation after the interaction has ended.
4.2 Local Content and the Desktop App
The Desktop App may allow you to create, import, use, or store characters, character files, conversations, images, audio files, settings, AI models, and other Local Content on your device.
Local Content that remains on your device is not uploaded to or available to Nightcloud merely because you use the Desktop App, unless a particular feature expressly tells you otherwise.
You are responsible for securing, backing up, and deleting Local Content stored on your device.
Deleting your KinkzAI account does not necessarily delete Local Content stored separately on your device.
A third-party AI model or other software that you obtain independently for local use may separately process information under terms and privacy practices Nightcloud does not control.
4.3 Voice features
If you activate a voice-input feature, Nightcloud and service providers involved in providing that feature process your voice input as necessary to provide the requested functionality.
Voice input may be converted into text or another representation used to provide the interaction.
KinkzAI does not use voice input for biometric identification or authentication.
If Nightcloud introduces functionality involving a voiceprint or another biometric identifier subject to biometric-privacy requirements, Nightcloud will provide any required notice, obtain any required consent, and implement any required retention or destruction practices before using that functionality.
5. Information We Collect
Depending on how you use KinkzAI, we may collect or process the categories below.
5.1 Account information
This may include:
your email address;
account or user identifier;
authentication information;
account status;
subscription tier;
message or usage allowance;
account settings;
registration information; and
information reasonably necessary to administer your account.
Authentication may be provided through a third-party authentication service.
5.2 Age-verification information
A third-party provider performs age verification.
Nightcloud may receive limited information associated with the result, such as:
a provider-issued identifier;
the verification or eligibility result;
expiration or validity information;
country;
state, province, territory, or other subdivision;
assurance level; and
limited technical or transaction-reference information.
Nightcloud does not ordinarily receive copies of identification documents submitted directly to the age-verification provider.
Our Age Verification Policy provides additional information.
5.3 Hosted Content and AI interaction information
While a Hosted Service interaction is being processed, Nightcloud and infrastructure used to provide the Service may process:
the message or other Hosted Content you submit;
relevant conversation context;
the applicable character and character configuration;
system instructions;
AI-generated responses;
voice input or information derived from voice input; and
information necessary to apply content and safety controls.
This information is handled as described in Section 4.
5.4 Technical and security information
Depending on the systems involved, we or our providers may process:
IP address;
approximate location derived from IP address;
request date and time;
login or session information;
browser or user-agent information;
device or operating-system information;
error information;
request or prompt length;
authentication events;
security-event information;
fraud-prevention information;
referring-page information; and
other technical information reasonably necessary to operate, secure, or troubleshoot KinkzAI.
Not every category is collected in every interaction.
5.5 Billing and subscription information
Nightcloud or its payment provider may process information such as:
subscription plan;
transaction identifier;
purchase and renewal dates;
cancellation information;
payment status;
refund or reversal information;
chargeback or payment-dispute information;
billing country or region;
fraud or payment-risk information;
payment-method type or limited payment information provided by the processor; and
related accounting and transaction records.
Nightcloud does not receive or store your complete payment-card number when you enter that information directly through a payment processor.
5.6 Information you send us
If you contact Nightcloud, we may process:
your contact information;
account information;
the contents of your communication;
screenshots or copied conversation text you choose to provide;
transaction information;
complaint or appeal information;
information concerning another person identified in a report;
investigation and resolution records;
enforcement records; and
related communications and metadata.
Information separately submitted through these channels may be retained even though ordinary Hosted Service conversations are not retained.
Do not send passwords, complete payment-card numbers, suspected CSAM, government identification documents, or other information that is not reasonably necessary for us to address your request.
5.7 Safety and crisis-response information
KinkzAI uses automated safety measures described in our AI Companion Safety Protocol.
Those systems may process an interaction to identify certain expressions involving suicide, serious self-harm, dangerous eating-disorder behavior, or related crisis situations.
Nightcloud maintains limited non-content records reasonably necessary to document the operation of those safety measures, such as:
whether a crisis-oriented response or resource referral occurred;
the date or time of the event;
the type of response or referral;
limited technical information needed to document operation of the safety measure; and
limited information required for applicable compliance or regulatory reporting.
Nightcloud does not retain the underlying Hosted Service conversation solely because a safety system evaluated it or because a crisis referral occurred.
Certain safety information may constitute consumer health data. See Section 14 and our Consumer Health Data Privacy Policy.
5.8 Sensitive information
Because KinkzAI is an adult AI companion and roleplay service, information you choose to provide may reveal or suggest sensitive matters such as:
sex life or sexual interests;
sexual orientation;
gender identity;
physical or mental health;
racial or ethnic origin;
religious or philosophical beliefs; or
other information treated as sensitive under applicable law.
You determine what substantive information you choose to include in a Hosted Service interaction, subject to our policies.
Where the GDPR or UK GDPR applies, additional information about special-category personal data appears in Annex B.
5.9 Information you must provide
Some information is necessary to provide particular features.
You must provide sufficient account and authentication information to maintain an account.
Where age verification is required, you must complete the required verification process. If you do not, we cannot provide the affected access.
You must submit some Hosted Content to receive a requested AI response, but you determine what substantive information you choose to include.
If you purchase a paid subscription, you must provide the applicable payment provider with the information needed to complete the transaction.
Other information, such as optional support communications or feedback, is generally voluntary unless we tell you that particular information is needed to process your request.
6. How We Use Information
We use personal information to:
6.1 Provide KinkzAI
This includes:
creating and managing accounts;
authenticating users;
providing AI-character interactions;
processing Hosted Content;
providing voice functionality;
maintaining settings, subscriptions, and message allowances;
providing the Desktop App; and
providing support.
6.2 Verify age and eligibility
We use information to:
establish age eligibility;
administer age-verification and age-assurance requirements;
determine whether reverification is required;
prevent circumvention;
apply geographic restrictions; and
satisfy applicable adult-content requirements.
6.3 Operate safety and content controls
We use information to:
apply content restrictions;
identify or redirect prohibited requests;
operate suicide, self-harm, eating-disorder, and crisis-response safeguards;
protect physical safety;
detect abuse or attempts to circumvent protective controls;
investigate complaints and reports; and
maintain and improve the safety and integrity of KinkzAI.
6.4 Process subscriptions and payments
We use information to:
process purchases and renewals;
administer subscriptions;
process cancellations;
evaluate refund requests;
identify billing errors;
address chargebacks;
prevent payment fraud; and
satisfy payment, accounting, card-network, and legal requirements.
6.5 Communicate with you
We may use information to:
respond to support, privacy, complaint, and appeal requests;
send account or security notices;
send billing and subscription notices;
communicate material legal or policy changes; and
provide other transactional or Service-related communications.
If Nightcloud introduces marketing communications, we will provide any consent or opt-out required by applicable law.
6.6 Protect KinkzAI and comply with law
We may use information to:
secure accounts and systems;
investigate fraud and security incidents;
prevent unauthorized access, abuse, or ban evasion;
comply with applicable law and legal process;
make legally required reports;
preserve information when legally required;
comply with sanctions, accounting, tax, and regulatory requirements; and
establish, exercise, or defend legal claims.
7. AI, Safety Systems, and Model Training
7.1 We do not train AI models on Hosted Content
Nightcloud does not use Hosted Content to train or fine-tune AI models.
Nightcloud does not instruct or authorize service providers acting on its behalf to use Hosted Content to train or fine-tune their general-purpose AI models.
Hosted Content is processed to provide the requested interaction and related safety and operational functionality.
Nightcloud may use aggregated, de-identified, or non-content technical information to operate, secure, evaluate, troubleshoot, and improve KinkzAI.
Information you separately submit through a complaint, safety report, or support request may be reviewed to investigate the matter, enforce our policies, identify technical or safety issues, and improve the applicable operational or safety process.
7.2 Safety systems
KinkzAI uses automated systems to apply safety and content controls.
Those systems may:
identify certain crisis-related expressions;
block or redirect a particular AI request;
identify prohibited or suspicious activity;
apply account, security, or fraud controls; or
cause an account or activity to receive additional review.
Automated systems may make mistakes.
Users may request review of qualifying KinkzAI enforcement decisions under our Complaints and Appeals Policy.
KinkzAI does not currently use automated decisionmaking technology to make decisions concerning employment, housing, education, lending, healthcare eligibility, or another similarly significant decision about a user.
8. Who We Disclose Information To
Nightcloud does not sell personal information or Hosted Content.
We may disclose personal information to the following categories of recipients.
8.1 Service providers, contractors, and processors
We use providers for functions such as:
authentication and databases;
hosting and servers;
computing and AI-inference infrastructure;
age verification;
payment processing;
voice processing;
email and communications;
networking and content delivery;
security and fraud prevention; and
technical or professional services.
The information a provider receives depends on the function it performs.
Nightcloud’s agreements with providers that Nightcloud treats as service providers, contractors, or processors include the contractual restrictions applicable to those roles where required by applicable law.
8.2 Payment participants
Nightcloud may exchange relevant account, transaction, refund, dispute, fraud, and compliance information with payment processors, acquiring banks, issuing banks, card networks, and related payment participants.
8.3 Legal, safety, and compliance recipients
We may disclose information:
when required by law;
in response to valid legal process;
where a voluntary disclosure is expressly permitted by law;
to make a legally required report;
to address an emergency where disclosure is legally permitted;
to investigate or resolve a complaint;
to protect a potential victim or another person;
to address fraud, abuse, or security threats; or
to establish, exercise, or defend legal claims.
Our Law Enforcement and Government Request Guidelines provide additional information.
8.4 Professional advisers
We may disclose information to attorneys, accountants, auditors, insurers, consultants, and other professional advisers where reasonably necessary for their services.
8.5 Business transactions
If Nightcloud is involved in a merger, acquisition, financing, reorganization, bankruptcy, sale of assets, or similar transaction, personal information may be disclosed or transferred as part of that transaction, subject to applicable law.
9. Cookies and Similar Technologies
KinkzAI may use cookies, local storage, and similar technologies reasonably necessary to:
authenticate users;
maintain sessions;
remember settings;
maintain age-verification or eligibility status;
maintain security;
prevent fraud;
remember privacy or consent choices; and
operate the Service.
KinkzAI does not currently use third-party advertising cookies or cross-site behavioral-advertising technologies to target advertising based on your activity across unrelated services.
If Nightcloud introduces a nonessential technology for which applicable law requires consent or an opt-out, Nightcloud will provide the required choice.
Blocking technologies necessary for authentication or operation may prevent parts of KinkzAI from functioning.
10. How Long We Keep Information
Nightcloud keeps different information for different periods.
We consider:
whether your account or subscription remains active;
whether the information remains necessary to provide KinkzAI;
the duration of a complaint, investigation, appeal, dispute, or enforcement matter;
payment, card-network, accounting, and tax requirements;
limitation periods and legal-claim requirements;
security, fraud-prevention, and abuse-prevention needs;
regulatory and reporting requirements;
legal preservation obligations and legal holds; and
whether information can appropriately be deleted or de-identified.
More specifically:
Hosted Service conversations. Nightcloud does not maintain an ordinary server-side archive of Hosted Service conversations.
Local Content. Local Content remains on your device and is controlled by you.
Account information. Account information may be retained while the account is active and afterward for the period reasonably necessary for closure, security, fraud prevention, disputes, and legal obligations.
Age-verification information. Nightcloud retains only limited verification-result information and only for as long as permitted by applicable law and reasonably necessary for eligibility, fraud prevention, compliance, or related purposes.
Billing information. Transaction and financial records may be retained for periods required or permitted by payment, accounting, tax, fraud-prevention, card-network, and legal requirements.
Technical and security information. Technical, security, authentication, and fraud-prevention records may be retained for the period reasonably necessary to operate and secure KinkzAI and satisfy applicable obligations.
Complaints and enforcement. Complaint, appeal, support, investigation, enforcement, and legal records may be retained through resolution and afterward for the period reasonably necessary to document Nightcloud’s response, address disputes, prevent abuse, or establish or defend legal claims.
Crisis-referral records. Limited non-content crisis-referral or safety-event records may be retained through applicable reporting and verification periods and for an additional period reasonably necessary for safety evaluation, compliance, or a related legal or regulatory matter.
Legal preservation. Nightcloud may keep information longer when required by law, valid legal process, a preservation obligation, or legal hold.
11. Security and Data Breaches
Nightcloud uses administrative, technical, and organizational safeguards designed to protect personal information against unauthorized access, acquisition, destruction, alteration, loss, or disclosure.
No system, network, transmission method, or storage system is completely secure.
If Nightcloud experiences a security or personal-data breach for which applicable law requires notification to affected persons, regulators, or other authorities, Nightcloud will provide the required notification within the period and in the manner required by applicable law.
You are responsible for protecting your account credentials and information stored locally on your device.
If you believe your account has been compromised, contact admin@kinkzai.com.
12. Your Privacy Choices and Rights
Privacy rights vary depending on where you live.
You may have rights to:
access personal information;
obtain a copy of personal information;
correct inaccurate information;
request deletion;
restrict or object to certain processing;
withdraw consent;
obtain portable data;
opt out of certain sale, sharing, targeted advertising, or profiling;
appeal a denied privacy request;
exercise rights without unlawful discrimination or retaliation; or
exercise other rights provided by applicable law.
To submit a privacy request, email:
admin@kinkzai.com
Please identify the right you want to exercise and provide information reasonably sufficient for us to locate the relevant account or records.
We may take reasonable steps to verify your identity.
Do not email a government identification document unless Nightcloud specifically requests an appropriate verification method.
12.1 Special-category personal data and withdrawal of consent
For users to whom the GDPR or UK GDPR applies, Nightcloud may require explicit consent before providing the Hosted Service because Hosted Content may contain special-category personal data and the Hosted Service must process that content to provide the requested interaction and operate its safety measures.
You may withdraw that consent at any time.
If you withdraw the explicit consent on which Nightcloud relies to process special-category personal data through the Hosted Service, Nightcloud will stop processing Hosted Content under that consent and your access to the Hosted Service will end.
Withdrawal does not affect processing that occurred lawfully before withdrawal or information Nightcloud may process or retain under another applicable legal basis after the Hosted Service access ends.
Additional information appears in Annex B.
12.2 Appeals
Where applicable law gives you a right to appeal a denied privacy request, you may appeal by emailing admin@kinkzai.com and identifying the original request and why you believe the decision should be reconsidered.
13. International Processing
Nightcloud is established in the United States.
If you access KinkzAI from another country, your personal information may be processed in the United States and other countries where providers supporting KinkzAI operate.
Those countries may have privacy laws that differ from the laws where you live.
Nightcloud uses applicable international-transfer mechanisms where required by law. Additional information concerning transfers of EEA and UK personal data appears in Annex B.
14. Consumer Health Data
Certain information processed by KinkzAI’s crisis and safety systems may constitute consumer health data under applicable state law.
This may include information or inferences concerning:
mental health;
suicide;
self-harm;
dangerous eating-disorder behavior; or
related health or safety matters.
Our separate Consumer Health Data Privacy Policy provides additional information concerning consumer health data to which that policy applies.
Applicable consumer-health-data laws may require additional disclosures, consent before certain collection or sharing, deletion rights, and other protections.
15. Adults Only
KinkzAI is exclusively for adults who satisfy the applicable minimum-age requirements described in our Terms of Service and Age Verification Policy.
If Nightcloud determines that a person does not satisfy the applicable minimum-age requirement, Nightcloud will promptly restrict or terminate that person’s access.
Nightcloud will delete or de-identify information collected in connection with underage use to the extent and within the period required by applicable law, subject to permitted or required retention for safety, fraud prevention, mandatory reporting, legal compliance, dispute resolution, preservation obligations, or legal holds.
If you believe an underage person is using KinkzAI, contact admin@kinkzai.com.
16. Changes and Contact Information
16.1 Changes to this Privacy Policy
Nightcloud may update this Privacy Policy to reflect changes in KinkzAI, our data practices, service providers, or applicable law.
Material changes will apply prospectively and will be communicated as required by applicable law.
If a change requires consent, Nightcloud will obtain that consent where required before applying the change.
The date at the top identifies when this Privacy Policy was last updated.
16.2 Contact information
Privacy questions and requests 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
Annex A — California Privacy Notice and Notice at Collection
This Annex applies to California residents and supplements the main Privacy Policy.
This Annex also provides Nightcloud’s Notice at Collection under the California Consumer Privacy Act, as amended (“CCPA”).
At or before an online point of collection where the CCPA requires a Notice at Collection, Nightcloud will provide this notice or a link that takes the consumer directly to this Annex or another presentation containing the required information.
Nightcloud does not sell personal information and does not share personal information for cross-context behavioral advertising.
A.1 Categories of Personal Information We Collect
During the preceding 12 months, Nightcloud has collected the categories of personal information described below to the extent applicable to its operations and the consumer’s use of KinkzAI.
Nightcloud does not currently collect precise geolocation as part of KinkzAI’s ordinary operation.
KinkzAI does not currently use voice input for biometric identification or authentication.
A.2 Personal Information Disclosed for Business Purposes
During the preceding 12 months, Nightcloud has disclosed or made available the following categories of personal information to service providers or contractors for business purposes, to the extent applicable to the services used:
identifiers;
customer-record information;
characteristics of protected classifications when contained in information necessary to provide an interaction or service;
commercial information;
Internet or electronic-network activity;
approximate geolocation information;
audio or electronic information;
inferences or classifications; and
sensitive personal information.
Recipient categories include or may include:
authentication and database providers;
hosting and computing providers;
AI-inference infrastructure providers;
age-verification providers;
payment processors;
communications providers;
voice-processing providers;
security and fraud-prevention providers; and
other providers performing services on Nightcloud’s behalf.
The applicable business purposes include:
authentication and account administration;
hosting, database, computing, and Service operation;
AI inference;
age verification;
payment processing;
communications and support;
security and fraud prevention;
safety and content controls; and
technical and professional services.
Nightcloud’s agreements with recipients that it treats as CCPA service providers or contractors include the contractual restrictions applicable to those roles.
A.3 No Sale or Sharing
During the preceding 12 months, Nightcloud has not sold personal information as “sale” is defined by the CCPA and has not shared personal information for cross-context behavioral advertising as “sharing” is defined by the CCPA.
Nightcloud does not use Hosted Content to create advertising profiles.
Nightcloud does not have actual knowledge that it sells or shares personal information of consumers under 16. KinkzAI is an adults-only service, and Nightcloud does not sell or share the personal information of any consumer.
Because Nightcloud does not currently sell or share personal information, Nightcloud does not currently provide a “Do Not Sell or Share My Personal Information” link.
If these practices change, Nightcloud will provide any notice and opt-out mechanism required by applicable law.
A.4 Sensitive Personal Information
Nightcloud uses and discloses sensitive personal information only for purposes permitted by the CCPA without providing a right to limit, provided the use is reasonably necessary and proportionate.
Those purposes include:
providing the services reasonably expected by a user;
preventing, detecting, and investigating security incidents;
resisting malicious, deceptive, fraudulent, or illegal conduct;
protecting physical safety;
short-term transient processing that does not build an unrelated profile;
providing services on Nightcloud’s behalf; and
maintaining or improving KinkzAI’s quality or safety.
Nightcloud does not currently use or disclose sensitive personal information for a purpose that requires a “Limit the Use of My Sensitive Personal Information” mechanism.
If that changes, Nightcloud will provide the required notice and mechanism.
A.5 California Privacy Rights
Subject to applicable exceptions, California residents may have the right to:
know the categories of personal information Nightcloud collects, sources, purposes, recipient categories, and sale, sharing, or business-purpose disclosures;
request specific pieces of personal information;
request deletion;
request correction of inaccurate information;
opt out of sale or sharing if Nightcloud begins engaging in those activities;
limit certain uses or disclosures of sensitive personal information if Nightcloud begins engaging in uses that trigger that right;
use an authorized agent; and
exercise CCPA rights without prohibited discrimination or retaliation.
Nightcloud does not currently use automated decisionmaking technology to make a significant decision that triggers an applicable CCPA opt-out right.
A.6 How to Submit a California Request
To exercise a right to know, delete, or correct, email:
admin@kinkzai.com
Please state that you are submitting a California Privacy Request.
Nightcloud will confirm receipt and respond within the periods required by the CCPA.
Nightcloud will ordinarily respond within 45 calendar days. Where permitted and reasonably necessary, Nightcloud may extend that period once for up to an additional 45 calendar days and will provide notice of the extension.
A.7 Verification
Nightcloud may verify a request by matching information you provide with information associated with your account or Nightcloud’s records.
If you have a password-protected account, Nightcloud may use account authentication and may require reauthentication before fulfilling certain requests.
Nightcloud will not request more information than reasonably necessary for verification.
Do not email a government identification document unless Nightcloud specifically requests an appropriate verification method.
A.8 Authorized Agents
You may use an authorized agent as permitted by the CCPA.
Nightcloud may require proof that you authorized the agent and may require you to verify your identity directly or confirm the authorization unless applicable law provides otherwise.
A valid power of attorney will be handled as required by law.
A.9 Global Privacy Control
Certain browsers and browser extensions transmit opt-out preference signals such as Global Privacy Control.
Nightcloud does not currently sell or share personal information, so such a signal does not change Nightcloud’s current sale or sharing practices.
If Nightcloud begins selling or sharing personal information in a manner subject to the CCPA, Nightcloud will recognize legally valid opt-out preference signals as required by applicable law.
A.10 Financial Incentives
Nightcloud does not currently offer a financial incentive, price difference, or service difference in exchange for the collection, retention, sale, or sharing of personal information within the meaning of the CCPA.
If Nightcloud introduces such a program, it will provide any notice and obtain any consent required by applicable law.
Annex B — European Economic Area and United Kingdom Privacy Notice
This Annex applies where the GDPR or UK GDPR governs Nightcloud’s processing of your personal data.
Where this Annex differs from the main Privacy Policy, this Annex controls for processing subject to those laws.
B.1 Controller and Representatives
The controller is:
Nightcloud Interactive LLC
5205 Harvest Run Way
Myrtle Beach, South Carolina 29579
United States
admin@kinkzai.com
European Union Representative
[PUBLICATION REQUIREMENT — COMPLETE BEFORE PUBLICATION IF ARTICLE 27 REQUIRES A REPRESENTATIVE]
[EU REPRESENTATIVE NAME]
[ADDRESS]
[EMAIL]
United Kingdom Representative
[PUBLICATION REQUIREMENT — COMPLETE BEFORE PUBLICATION IF UK GDPR REQUIRES A REPRESENTATIVE]
[UK REPRESENTATIVE NAME]
[ADDRESS]
[EMAIL]
B.2 Legal Bases for Processing
A legal-obligation basis applies only where Nightcloud is subject to a qualifying legal obligation under the law applicable to the processing.
Nightcloud’s legitimate interests include:
maintaining network and information security;
preventing fraud and abuse;
preventing underage access;
enforcing contractual and policy restrictions;
protecting Nightcloud, users, and third parties;
resolving disputes;
maintaining Service integrity; and
establishing, exercising, and defending legal rights.
B.3 Special-Category Personal Data
Hosted Content may reveal personal data concerning:
sex life;
sexual orientation;
physical or mental health;
racial or ethnic origin;
religious or philosophical beliefs; or
another category protected by Article 9 of the GDPR or the corresponding UK GDPR provision.
Where processing of Hosted Content involves special-category personal data concerning you and an Article 9 condition is required, Nightcloud relies on your explicit consent to process that special-category personal data through the Hosted Service.
Nightcloud will obtain required explicit consent through an affirmative mechanism separate from general acceptance of the Terms before providing the Hosted Service to a user for whom that consent is required.
That processing includes applying the automated content and safety measures that are integral to the Hosted Service while your Hosted Content is being processed.
You may withdraw your consent at any time. It will be as easy to withdraw consent as it was to give it.
If you withdraw the explicit consent on which Nightcloud relies for this processing, Nightcloud will stop processing Hosted Content under that consent and your access to the Hosted Service will end.
Withdrawal does not affect the lawfulness of processing that occurred before withdrawal.
Withdrawal also does not require deletion or cessation of processing that Nightcloud is independently permitted or required to undertake under another applicable legal basis or Article 9 condition, such as retention or processing required by applicable law or necessary for the establishment, exercise, or defense of legal claims.
B.4 Required Information
You must provide the account and authentication information necessary to maintain an account.
Where age verification is required, you must complete the verification process to access the affected Service.
You must submit enough information for KinkzAI to process a requested AI interaction.
If you purchase a paid subscription, you must provide the payment provider with information needed to complete the transaction.
If required information is not provided, Nightcloud may be unable to provide the affected feature, account, access, or transaction.
B.5 International Transfers
Nightcloud is established in the United States.
Personal data may therefore be transferred to and processed in the United States and other countries where Nightcloud’s providers operate.
For transfers of personal data subject to the GDPR to Nightcloud’s current Hosted Service AI-inference provider in the United States that require Article 46 safeguards, Nightcloud relies on the European Commission’s Standard Contractual Clauses, which are incorporated into the provider’s data processing agreement.
For corresponding restricted transfers subject to the UK GDPR, the provider’s data processing agreement incorporates the United Kingdom International Data Transfer Addendum to the European Commission Standard Contractual Clauses.
Other international transfers may be made on the basis of an applicable adequacy decision or another transfer mechanism permitted by applicable law, depending on the recipient and transfer.
You may contact admin@kinkzai.com to request information concerning the transfer safeguards applicable to your personal data and how to obtain a copy of, or information concerning, those safeguards.
B.6 Your Rights
Subject to applicable exceptions, you may have the right to:
access your personal data;
correct inaccurate or incomplete data;
request deletion;
restrict processing;
object to processing based on legitimate interests;
receive eligible data in a structured, commonly used, machine-readable format;
transmit eligible data to another controller where applicable;
withdraw consent;
object to direct marketing; and
lodge a complaint with an applicable supervisory authority.
To exercise a right, email admin@kinkzai.com.
Nightcloud will respond within the period required by applicable law.
B.7 Automated Processing
KinkzAI uses automated systems for AI generation, safety controls, content controls, security, fraud prevention, and related Service functions.
These systems may block or redirect a request, identify a safety or security signal, or result in additional review.
Nightcloud does not currently use automated decision-making to make a decision concerning a user that produces legal effects or similarly significant effects of the kind governed by Article 22 of the GDPR.
Users may request review of qualifying KinkzAI enforcement decisions under the Complaints and Appeals Policy.
Annex C — Other United States Privacy Rights
This Annex supplements the main Privacy Policy for residents of U.S. states with privacy laws that provide rights or disclosures in addition to those addressed in Annex A.
The precise rights available to you depend on the law applicable to Nightcloud and your state of residence.
C.1 Rights That May Apply
Depending on your state, you may have the right to:
confirm whether Nightcloud processes your personal data;
access personal data;
obtain a portable copy;
correct inaccuracies;
request deletion;
opt out of sale;
opt out of targeted advertising;
opt out of certain profiling;
withdraw consent to certain processing of sensitive data;
obtain information concerning third-party disclosures;
appeal a denied privacy request;
exercise your rights without unlawful discrimination or retaliation; and
exercise other rights provided by applicable state law.
Nightcloud does not currently sell personal data or use personal data for targeted advertising.
C.2 How to Submit a Request
Email:
admin@kinkzai.com
Identify your state of residence and the privacy right you wish to exercise.
Nightcloud may verify your identity as permitted by applicable law.
Nightcloud will respond within the period required by the applicable state law.
C.3 Appeals
If applicable state law gives you a right to appeal a denied privacy request, email:
admin@kinkzai.com
Identify the original request and state that you are appealing Nightcloud’s decision.
Nightcloud will review and respond to the appeal within the period required by applicable law.
If applicable law requires information concerning how to contact the state attorney general or another regulator following a denied appeal, Nightcloud will provide that information with its appeal response.
C.4 Universal Opt-Out Mechanisms
Where applicable state law requires recognition of a qualifying universal opt-out mechanism or preference signal, Nightcloud will recognize the signal as required.
Because Nightcloud does not currently sell personal data or process personal data for targeted advertising, such a signal does not ordinarily change Nightcloud’s current practices.
C.5 Sensitive and Biometric Data
Nightcloud does not sell sensitive personal data or biometric data.
KinkzAI does not currently use voice input for biometric identification or authentication.
If Nightcloud introduces functionality involving a voiceprint or another biometric identifier, Nightcloud will provide any notice, obtain any consent or release, and implement any retention or destruction practices required by applicable law before using that functionality.
Where applicable state law requires consent before processing another category of sensitive data, Nightcloud will obtain required consent before the processing that requires it.
C.6 Oregon
Where Oregon law applies, you may request a list of the specific third parties to which Nightcloud has disclosed your personal data where that right is provided by applicable law.
Submit the request to admin@kinkzai.com.
C.7 Nevada
Nightcloud does not sell covered information as “sale” is defined under Nevada’s general online privacy law.
Nevada also regulates certain consumer health data separately from its general online privacy requirements. Information processed through KinkzAI’s crisis and safety features may be subject to those requirements.
Additional consumer-health-data disclosures and rights are addressed through Nightcloud’s Consumer Health Data Privacy Policy as applicable.
C.8 Washington
Information processed through KinkzAI’s crisis and safety features may constitute consumer health data under the Washington My Health My Data Act.
Nightcloud maintains a separate Consumer Health Data Privacy Policy addressing covered Washington consumer health data.
Where Washington law requires consent to collect consumer health data, Nightcloud will obtain that consent before the applicable collection unless the collection is permitted because it is necessary to provide a product or service requested by the consumer.
Where Washington law requires consent to share consumer health data, that consent will be separate and distinct from any consent required for collection.
Nightcloud does not sell consumer health data.
C.9 Other State-Specific Requirements
If the privacy law of your state requires an additional disclosure, request procedure, appeal mechanism, sensitive-data consent, opt-out mechanism, or other protection, Nightcloud will provide and honor that requirement as applicable.