1.1 In this Policy, the following terms shall have the following meanings:
| “Account” | means an account required to access and/or use certain areas and features of Our Site; |
| “Cookie” | means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. |
| “Personal information” / “personal data” | means information relating to an identified or identifiable natural person, including as defined under the GDPR and under the PIPL. |
| “Sensitive personal information” | means personal information that, once leaked or illegally used, may easily lead to infringement of personal dignity or harm to personal or property safety. Under the PIPL this includes, among other things, financial account information, biometric information, and personal information of minors under 14. |
2.1 Our Site is owned and operated by Keymailer Ltd, a limited company registered in England under company number 09569579 , whose registered address is 19 Rylestone Grove, Bristol, BS9 3UT, United Kingdom.
2.2 Our VAT number is GB212198823 .
2.3 Our Data Protection Officer is Jamie Ridyard, and can be contacted by email at compliance@keymailer.co , or by post at 19 Rylestone Grove, Bristol, BS9 3UT, United Kingdom.
2.4 Where We process personal information of individuals located in mainland China, Keymailer Ltd is the personal information handler. China-related privacy requests may be sent to compliance@keymailer.co or by post to the address in section 2.1.
3. Scope3.1 What Does This Policy Cover? This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
3.2 What is Personal Data? Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’. Under the PIPL, personal information is various information related to an identified or identifiable natural person recorded by electronic or other means, excluding anonymised information. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
4. Your Rights4.1 As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
4.1.1 The right to be informed about Our collection and use of personal data;
4.1.2 The right of access to the personal data We hold about you (see section 1 1 );
4.1.3 The right to rectification if any personal data We hold about you is inaccurate or incomplete (please use the controls in the Edit Settings of the Website, or contact Us using the details in section 13);
4.1.4 The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (if you would like Us to delete your data, please use the Delete Account controls in Edit Settings section of the Website);
4.1.4.1 You can also Disconnect accounts such as YouTube, Twitch or TikTok. Use the Video Channels controls in Edit Settings and click Disconnect. Your data will be deleted within 7 days.
4.1.5 The right to restrict (i.e. prevent) the processing of your personal data;
4.1.6 The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
4.1.7 The right to object to Us using your personal data for particular purposes; and
4.1.8 Rights with respect to automated decision making and profiling.
4.2 If you are located in mainland China, you also have the rights provided by the PIPL, including the rights to know and decide on the processing of your personal information; to access, copy, correct and delete your personal information; to withdraw consent; to request an explanation of Our processing rules; and to refuse processing that is not necessary to provide the requested service. You may exercise these rights using the same channels as in section 11 and section 13. We will respond within fifteen (15) working days, or within thirty (30) working days where the request is complex, and will explain any lawful reason if We cannot fulfil a request.
4.3 If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 13 and We will do Our best to solve the problem for you. Individuals in mainland China may also lodge a complaint with the Cyberspace Administration of China or other competent Chinese authorities.
5. What Data Do We Collect? Depending upon your use of Our Site, We may collect some or all of the following personal and non-personal data:5.1 name, date of birth, business/company name, contact information such as email addresses and telephone numbers, post code, and other information in your Account Settings page;
5.2 preferences, and interests, and other information in your Profile Settings page;
5.3 financial information such as PayPal address, preferred currency, quoted work rate, and other information in your Sponsorship Settings page (this may constitute sensitive personal information under the PIPL);
5.4 broadcasting, streaming and blogging information such as delegated authorisation (typically by linking Your account with oAuth) and the information retrieved from those services You grant Us access to in your Video Channel Settings page;
5.5 social network information such as delegated authorisation (typically by linking Your account with oAuth) and the information retrieved from those services You grant Us access to in your Social Networks Settings page;
5.6 gaming information such as delegated authorisation (typically by linking Your account with oAuth) and the information retrieved from those services You grant Us access to in your Gaming Platforms Settings and Mobile Gaming Settings pages;
5.7 site analytics information such as delegated logins and the information retrieved from those services You grant Us access to in your Blogging Settings page;
5.8 IP address;
5.9 web browser type and version;
5.10 operating system;
5.11 a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to;
5.12 third party online accounts linked and authorised by the User to the Website.
5.13 We do not intentionally collect personal information of children under 14. If We become aware that We have collected such information, We will delete it unless We have obtained the separate consent of the child’s parent or other guardian as required by the PIPL.
6. How Do We Use Your Data?6.1 All personal data is processed and stored securely, for no longer than is necessary in light of the reasons for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR and, where applicable, the PIPL at all times. For more details on security see section 7, below.
6.2 Our use of your personal data will always have a lawful basis. Under the GDPR this may be because it is necessary for Our performance of a contract with you, because you have consented to Our use of your personal data (e.g. by subscribing to emails), or because it is in Our legitimate interests. Under the PIPL, We rely primarily on your consent and, where applicable, on necessity for concluding or performing a contract to which you are a party, or other bases permitted by Article 13 of the PIPL. PIPL does not recognise “legitimate interests” as a standalone lawful basis. This includes data from YouTube API; data accessed and collected can be reviewed in section 15.1.7. Specifically, We may use your data for the following purposes:
6.2.1 Providing and managing your Account;
6.2.2 Providing and managing your access to Our Site;
6.2.3 Personalising and tailoring your experience on Our Site;
6.2.4 Supplying Our services to you (please note that We require your personal data in order to enter into a contract with you);
6.2.5 Personalising and tailoring Our services for you;
6.2.6 Relaying your requests to Our clients, the “Brands”, typically game publishers, developers, and agencies;
6.2.7 Creating analytics, rankings, scores, etc, by deriving, transforming, aggregating and/or anonymising your Data (Such irreversibly transformed data is not Your Data and is the property of Keymailer Ltd) in order to:
6.2.7.1 epresent your interests to Our clients (and prospective clients), but without relaying Your private data to them, in order to provide Our services to You;
6.2.7.2 protect Our clients (and prospective clients) interests, but without relaying Your private data to them, in order to provide Our services to You;
6.2.7.3 provide You with insight into how those analytics, rankings, scores, etc, relate to You, so you may improve your performance in those rankings;
6.2.7.4 share those analytics, rankings, scores, etc, with mass media outlets, researchers, and special interest groups, in order to further the understanding of the dynamics of the market and the community;
6.2.8 Replying to emails from you;
6.2.9 Supplying you with emails and other communications that you have agreed to receive when you accepted the Website Terms and Conditions. These communications (including campaign invitations, Brand offers, fulfilment messages and service notices) are essential to the purpose of the Website and to performance of Our contract with you. There is no separate optional marketing list. You may stop these communications only by deleting your Account in your Account settings page;
6.2.10 Market research;
6.2.11 Analysing your use of Our Site and gathering feedback to enable Us to continually improve Our Site and your user experience.
6.3 Contacting you with information, news and offers on Our services, including offers from Our clients (Brands), is part of the fundamental purpose of the Website and of the contract you enter with Us. We do not run a separate non-essential marketing programme. Accordingly there is no separate marketing opt-out: if you no longer wish to receive these communications you must delete your Account. We will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and, where applicable, the PIPL.
6.4 Third parties whose content appears on Our Site or who provide services to the Site may use third party Cookies, as detailed below in Sections 12 and 15. Please refer to section 12 for more information on controlling Cookies. Please note that We do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.
6.5 You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it. Withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal. Because the communications and matching described in sections 6.2.6, 6.2.9 and 6.3 are necessary to provide the service, withdrawing consent for those uses means We cannot continue to provide the Account, and the practical way to withdraw is to delete your Account. We will not refuse to provide a product or service solely because you withhold or withdraw consent for processing that is not necessary to provide that product or service.
6.6 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following basis):
6.6.1 Account data will be retained for as long as you have an Account on the Site.
6.6.2 After you delete your Account, We will delete or irreversibly anonymise your personal data within ninety (90) days, except that: (a) data from disconnected third-party channels is deleted within seven (7) days of disconnection as described in section 4.1.4.1 (and within thirty (30) days where a third-party platform such as Google so requires); and (b) a limited set of transaction, invoicing and tax records may be kept for up to six (6) years where UK company or tax law requires it. During the ninety-day period We use the data only to complete pending fulfilment, resolve disputes, prevent abuse, and meet legal duties.
6.7 Where required by the PIPL, We will obtain your separate consent before: (a) processing sensitive personal information (including financial account details); (b) providing your personal information to a third-party handler; (c) publicly disclosing your personal information; or (d) transferring your personal information outside mainland China. Separate consent will not be bundled with general acceptance of this Policy.
7. How and Where Do We Store Your Data?7.1 We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
7.2 Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein) and outside mainland China. You are deemed to accept and agree to this by using Our Site and submitting information to Us, except that for individuals in mainland China a cross-border transfer also requires the additional notice and consent described in section 7.4. If We do store data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR.
7.3 Data security is of great importance to Us and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website compliant and in-keeping with current GDPR guidelines and, where applicable, PIPL requirements. Steps We take to secure and protect your data include:
7.3.1 Data Security Plans
7.3.2 Data Breach Plans
7.3.3 Data Backup Plans
7.3.4 Data Deletion and Anonymisation Plans
7.3.5 Data Audit Schedules
7.3.6 Director Responsible for Data Security
7.4 Cross-border transfers from mainland China. Keymailer Ltd is established in the United Kingdom. If you are located in mainland China, your personal information will be transferred to and processed by Keymailer Ltd in the United Kingdom and by Our processors in other countries as needed to operate Our Site and services.
7.4.1 Overseas recipient: Keymailer Ltd, 19 Rylestone Grove, Bristol, BS9 3UT, United Kingdom; contact: compliance@keymailer.co.
7.4.2 Purpose and method: account operation, matching creators with brand campaigns, analytics and rankings, communications, payments and service delivery, as described in section 6; processing by electronic means on Our systems and those of Our processors.
7.4.3 Categories transferred: the categories listed in section 5, including account, profile, financial, channel, social, gaming, analytics and technical data.
7.4.4 How to exercise rights against the overseas recipient: use the Site controls described in section 4 and section 11, or contact compliance@keymailer.co.
7.4.5 Transfer mechanism: We transfer personal information of fewer than 100,000 individuals located in mainland China in any calendar year and do not transfer important data. Under the Provisions on Promoting and Regulating Cross-border Data Flows, that volume does not by itself require a CAC security assessment, personal information protection certification, or filing of the CAC Standard Contract. We still provide the notice in this section 7.4, rely on necessity to conclude or perform Our contract with you and/or your separate consent where required, and will complete a personal information protection impact assessment (PIPIA) before such transfers where required. If Our transfer volume later exceeds the applicable threshold, We will implement the required mechanism before continuing.
8. Do We Share Your Data?8.1 We may share your data with other companies in Our group. This includes Our holding company and its subsidiaries, if any.
8.2 We regularly contract with third parties to supply products and services to you on Our and Your behalf. These normally include provision of games, affiliate links, sponsorship offers, accessories, ‘Real Stuff’, event access, and may also include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In all cases, the third parties may require access to some of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, where possible anonymously and in accordance with your rights, Our obligations, and the obligations of the third party under the law. In no cases will any third party gain direct access to your private broadcasting data, as set out in the Terms and Conditions. For individuals in mainland China, providing personal information to another personal information handler requires prior notice of that handler’s name and contact details, purpose, method and categories of information, and your separate consent, except where another PIPL lawful basis applies.
8.3 We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. Most data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law. Anonymised information is not personal information under the PIPL.
8.4 We may sometimes use third party data processors that are located outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein) and outside mainland China. Where We transfer any personal data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR. Transfers from mainland China are described in section 7.4.
8.5 In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
9. Do We Share Your Data?9.1 We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
9.2 In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes, except that if you are located in mainland China We will notify you of the recipient’s name and contact details as required by the PIPL.
10. Your Right to Withhold Information10.1 To use Our Site you are required to submit or allow for the collection of certain data. You may withhold or withdraw consent for processing that is not necessary to provide the requested service.
10.2 You may restrict Our use of Cookies. For more information, see section 12 and these notes on controlling cookies http://keymailer.co/cookies.
11. How Can You Access Your Data?11.1 If you want to know what personal data we have about you, you can ask for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”. Under the PIPL this includes the rights to access and copy your personal information.
11.2 All subject access requests should be made in writing and sent to the postal addresses shown in Part 13, or by email to compliance@keymailer.co.
11.3 There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover administrative costs in responding.
11.4 We will respond to your subject access request within under one month of receiving it (GDPR). For requests from individuals in mainland China, We will respond within fifteen (15) working days, extendable to thirty (30) working days for complex requests. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request under the GDPR. You will be kept fully informed of our progress.
12. Our Use of Cookies12.1 Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products and services.
12.2 By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us.
12.2.1 Third party Cookies are used on Our Site for advertising services.
12.2.2 In addition, Our Site uses analytics services provided by Google Analytics, which also use Cookies. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Site.
12.3 Policies relating to third-party cookies are listed in Section 15.
12.4 You can control access to some Third-Party Cookies using the cookie management panel in your Privacy Settings window http://keymailer.co/g/profile/edit/privacy.
13. Contacting Us If you have any questions about Our Site or this Privacy Policy, please contact Us by email at Compliance@keymailer.co, or by post at 19 Rylestone Grove, Bristol, BS9 3UT, United Kingdom. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11, above). 14. Changes to Our Privacy Policy We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. Where a change affects the purpose, method or categories of personal information processed for individuals in mainland China, We will obtain fresh consent where the PIPL requires it. We recommend that you check this page regularly to keep up-to-date. 15. Client and Third Party Policies15.1 By using this site You are bound by these Third Party Policies:
15.1.1 Microsoft Privacy Policy: https://privacy.microsoft.com/en-us/privacystatement
15.1.2 Xsolla Privacy Policy: https://xsolla.com/privacypolicy
15.1.3 We use Google Analytics to analyse the use of our website. Google Analytics gathers information about our website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.
15.1.4 Google’s Privacy Policy: https:/www.google.com/policies/privacy
15.1.5 Google’s security settings: https://security.google.com/settings/security/permissions
15.1.5.1 If you Delete all links and stop sharing your Google Account data at: https://myaccount.google.com/connections , your data will be deleted within 30 days.
15.1.6 YouTube Terms of Service: https://www.youtube.com/t/terms
15.1.7 Our site uses YouTube API Services, to access and collect data. Data collection is described in section 5. Data usage is described in section 6. Data storage is described in section 7. How data is shared is described in section 8.
15.1.7.1 Data accessed and collected is as follows: channel nickname, creation date, count of subscribers and videos, video and livestream titles, descriptions, thumbnails, tags, dates published, views, watch time and likes.
15.1.7.3 We use the YouTube data described above in accordance with section 6 (How Do We Use Your Data). In particular, this data is used to match creators with brand campaigns, generate performance analytics and rankings, and share aggregated insights with Our clients (Brands). We do not share raw private broadcasting data with third parties. Anonymised and aggregated data created from this information becomes the property of Keymailer Ltd.
15.1.8 We use Comscore to analyse the use of our website. Comscore gathers information about our website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Comscore’s privacy policy is available at https://www.comscore.com/About-comScore/Privacy-Policy.
15.2 All other provisions of this agreement will continue to apply. In the event that this Policy contradicts any of the policies below, this policy will prevail.
15.3 All questions or feedback regarding Our use of YouTube API Services, Google data or the Microsoft Privacy Policy, Xsolla Privacy Policy, Google Privacy Policy or YouTube Terms of Service may be directed to: creator.support@keymailer.co.
