Privacy Statement

Introduction

Chiliwire is a website created to communicate easily with commercial contacts, personal acquaintances and friends. For Chiliwire New Media B.V. protecting members’ privacy is a top priority. Therefore, any personal information you introduce in your account is treated and protected with the utmost care. In this Privacy Statement we explain how Chiliwire manages personal data processed through the following websites: www.chiliwire.com and https://affilate.chiliwire.com. Privacy Conditions apply to both Chiliwire members and non-member visitors. For this reason, we suggest you should read our Privacy Statement carefully.

Data Protection Act

Chiliwire New Media B.V. operates according to the Personal Data Protection Act (Act of 6 July 2000, Official Government Gazette of The Netherlands 302) [Wet Bescherming Persoonsgegevens (Wet van 6 juli 2000 Staatsblad 302)], the Telecommunications Act (Dutch Act of 19 October 1998) [Telecommunicatiewet (wet van 19 oktober 1998)], the jurisprudence of the European Human Rights Court (EHRC), the European Court of Justice (ECJ), the general jurisprudence of The Netherlands and the rulings of the Dutch Agency for Personal Data Protection [College Bescherming Persoonsgegevens] and of the independent post and telecommunications Authority of Holland [Onafhankelijke Post en Telecommunicatie Autoriteit], as well as according to the relevant interpretations of Article 29 - Dutch work group [Artikel 29-werkgroep] and the European Union (EU) Data Protection Supervisor.

Chiliwire

Chiliwire New Media B.V. has its registered office in (6862AH) Oosterbeek, Utrechtseweg 157 (Chiliwire) and is responsible for handling personal data as described in the Act on Personal Data Protection of The Netherlands; Chiliwire is registered with the Chamber of Commerce under number 09086603.

The website

Under the domain name www.chiliwire.com, Chiliwire runs a platform which features a social network and a forum to which individuals or businesses can subscribe either for free or paying a subscription fee. Depending on the type of subscription, Users may, through an e-commerce portal, use their Accounts to post ads and announce events and, through a business directory, offer products and services (website). For this purpose, Chiliwire processes personal data in the following ways:

Personal Data

To be able to enjoy Chiliwire’s services through the website, first you must register and open a personal account. For this, you must give your name and surname, e-mail address, birth date, gender, country of residence, keywords to access the Chiliwire site, type of account and a user name. You can also add other information such as your interests, visibility, third-party information, etc. This extra information is optional, but you may find it impossible to use certain features until you give some personal information about yourself. You can decide what data can be seen by others (friends, friends’ friends or everyone). This information will be included in your account and will be published on the website. Details will be explained during the registration process.

If you have a payment account, Chiliwire will process your financial data as well as your IP address, web beacons (web images rooted in the internal coding of a web page) and cookies (as described below, under the heading “Cookies”). Chiliwire only processes special personal data as described in Article 16 of the Dutch Privacy Protection Act [Art. 16 Wbp], such as sexual and political preferences, if you explicitly authorize Chiliwire to do so. You can change all obligatory information whenever you want, except your account name. You can also change or delete all optional information. By using the “configuration” tab on the website you can decide which personal information in your account you want to make visible. With regards to participants in the Affiliate program and the different contests, we collect and process all data related to names, addresses, towns, e-mail addresses and, if applicable, information regarding the content sent to take part in campaigns or contests.

To join the Affiliate Center membership program, you will be asked for some extra personal information by Chiliwire on the website https://affiliate.chiliwire.com. Chiliwire is under a legal obligation to register this information. Taking part in the membership program is not compulsory for Chiliwire members, who only need to complete this information if they decide to join the Affiliate Center. Said information will be used by Chiliwire for the sole purpose of making it possible for the user to take part in the membership program.

Objectives

Chiliwire collects and processes your personal data for the following purposes:

• To offer you Chiliwire’s services via its website.
• To confirm via e-mail your registration as a Chiliwire member, with your user name and keyword, or to send you a new personal keyword.
• To enable you to upload, post and exchange information in your account, such as texts, data, ads, photos or video files and to allow you to contact other Chiliwire website users.
• To safeguard and draw anonymous statistics.
• To charge you for the Chiliwire pay services.
• To offer you specific products or services. For example, Chiliwire can show you ads of products or services in which Chiliwire thinks you might be interested according to your personal information. To this end, Chiliwire can create your profile.
• To publish, after awarding you a certain number of small peppers or asterisks, how other website users assess your account.
• To introduce and manage a search function through which Chiliwire users can find one another.
• To send news bulletins, offers, user information, services communications and other electronic messages to your Chiliwire account.
• To analyze, manage, protect and optimize the website, with Chiliwire’s own technology.
• To carry out market research, improve the quality of the website, spot trends and identify the different types of our website users, as well as for filing purposes.
• To enable our website users to correct or delete any information they publish;
• To prevent possible abuse, such as spam, or to exclude users who infringe the conditions and terms of use from accessing the website.
• To comply with the regulations and legislation applicable to Chiliwire, as described, inter alia, in Article 43 of the Dutch Data Protection Act [Art. 43 Wet Bescherming Persoonsgegevens] and to settle possible disagreements.

Chiliwire will not store your personal information longer than necessary to complete the objectives above.

Giving information to third parties

Chiliwire will share information only with any third person added by you on www.chiliwire.com; this means information about your preferences as well as other data you have published in your Chiliwire profile. Chiliwire will not trade information such as names, addresses, towns, private e-mail addresses or telephone numbers with any other third parties. Said third parties will be able to send you information about their services, products and offers only through Chiliwire. If you do not wish to receive more information or offers from a specific advertiser, you only have to delete this advertiser from your account favourites. Similarly, Chiliwire may give your personal information to third parties, including your financial details if you have a payment account, in the following cases:

• If you have given your authorization for the purpose.
• If specified in your contract with Chiliwire.
• If you take part in the Affiliate Center membership program.
• If Chiliwire must do so to comply with some legal regulation.
• If Chiliwire is required to do so in the context of legal proceedings.

To take part in Chiliwire’s Affiliate Center membership program on the website https://affiliate.chiliwire.com, it is necessary to have your permission to share your personal and financial data with auditors, authorized Chiliwire personnel, banks and pay services providers, so as to enable us to pay the commissions. All parties involved are under an obligation to comply with Chiliwire’s privacy conditions. It is not compulsory for Chiliwire members to join the membership program. If you take part in this program, please remember that you authorize Chiliwire to share your personal data, when necessary, with third parties such as the ones described above.

Chiliwire may use your personal information if a copyright owner or agent thereof believes in good faith that an advertisement features content that has not been authorized by the copyright owner or the agent thereof or by law, and is against the benefit or interest of the copyright owner.

If Chiliwire were to be involved in a merger or takeover, your personal information would be shared with another company. If this were to happen, you would be informed well in advance.

Name, address and town

Chiliwire will collect information regarding name, address and location only in relation to participants in contests or promotion campaigns or in the Chiliwire Affiliate membership program. Chiliwire will not use this information for any purpose other than that of contacting you to deliver possible prizes or your payment for participation in the membership program benefits.

Chiliwire’s e-mail address

Any Chiliwire member can send messages to other Chiliwire members via Chiliwire’s free e-mail service. Using the configuration tab in your Chiliwire account you can specify if you wish, or don’t wish, to receive notices in your private e-mail account when someone has sent you an e-mail through Chiliwire mail box. In this way you can keep your private e-mail out of sight from other Chiliwire users. You can also send messages to your own Chiliwire account if you have been invited by a member to open a Chiliwire account and you have received from said member a so-called Promotion Code. When using this promotion code, the member who gave it to you becomes automatically a friend or favourite. This allows them to send you messages through the Chiliwire mail box. You can delete any user from your list of friends or favourites whenever you want to do so.

Chiliwire can use your Chiliwire e-mail address (that is to say, the one that goes with your Chiliwire account) for electronic communications that have a commercial, ideological or charitable purpose related to Chiliwire’s own services. If Chiliwire obtains your personal information for a reason other than for you to use a Chiliwire service, your e-mail address will not be used for said communications with commercial, ideological or charitable purposes.

Automatically generated information

We collect and process standard information about Internet use, page viewing statistics and data traffic with www.chiliwire.com in relation to all Chiliwire visitors. Chiliwire also collects automatically generated data regarding the way in which visitors surf while using Chiliwire. These data feature your IP address (the number your computer is identified with), the kind of browser you use (the software which allows you to visualize web pages) and the so-called cookies. Chiliwire registers your IP address to determine from which computer you are logging in so Chiliwire may defend itself from any possible hackers. Chiliwire can give this automatically generated information, including your IP address, to third parties engaged by Chiliwire to collect statistics on web use and analysis.

Chiliwire’s e-commerce portal

In this e-commerce portal we collect IP and e-mail addresses belonging to all buyers and vendors who contact the advertisers present on the Chiliwire website. We also collect phone numbers when this information is made available to us.

Given warning, we can process information (including personal data) about certain disagreements between members and advertisers. Warning can be given by users by sending an e-mail to info@chiliwire.com, pointing out their complaints or comments regarding another user or an advertiser. Users may also send a warning by simply clicking on a button. Beside each ad there is a button on which users can click if they have any doubts about the contents of the ad. Therefore, the information processed by Chiliwire in this context is, generally, not a direct result of Chiliwire’s investigation but a product of the warnings given by users through the e-commerce portal. These warnings allow us to process information about alleged violations of intellectual property rights or any other illegal actions. We process said information to improve security in the virtual transactions that take place in Chiliwire’s e-commerce portal as well as to be able to trace and stop illegal actions through the portal.

Chiliwire does not store credit card or bank account numbers, but it does store information on the type of credit card or bank used. If you have a Chiliwire payment account you can renew your subscription by paying the relevant fee.

The relevant fee can be paid via PayPal, iDeal, most of the commonly used credit and debit cards and Giropay, Cash-Ticket and Paysafecard.

Chiliwire can facilitate third-party access to the user’s advertisements, so as to offer these third parties the opportunity of promoting the user’s ads on their own web pages.

You can use other users’ personal data collected through Chiliwire only to reply to something published by said users but never to send them spam or to obtain or process their personal information without them having given their consent. By using automatic tools, Chiliwire can block messages sent through the e-commerce portal to avoid spamming.

Cookies

Cookies are small text files stored in your computer hard drive or memory. Cookies hold information used to facilitate access to your next Chiliwire session (such as your computer configuration and your preferences). This information does not include name, address or other personal data. Cookies cannot harm your computer or the files stored in it. Chiliwire uses the following cookies:

• Session cookies: these are deleted automatically once you close the web browser;
• Temporary cookies: these are deleted automatically 90 days after your last visit.

By using Cookies, Chiliwire can identify you when you visit the website again. Cookies are also useful, for example, to know which services you have used or which preferences you established for a certain service. Also, cookies can be used to adjust the types of ads which you see on your screen to your needs and preferences, so as to avoid certain ads being repeated too often or to register the number of times a given ad has been visualized. By adjusting your browser, you can decide for yourself if you want to accept or reject the cookies, or if you want the browser to tell you every time one is installed. If you block the use of cookies, some of the website functions might not work or you may not be able to access certain Chiliwire services.

If you allow the use of cookies, you must always exit the website before you finish your session on a computer for public use. Always keep your keyword secret so as to prevent unauthorized people from using your Chiliwire account.

If Chiliwire wishes to use temporary cookies or the so-called third-party cookies for commercial purposes such as, for example, offering you ads that fit in with your browsing history, Chiliwire will do so only after previously asking for your permission by displaying a pop-up window.

Relaying to countries outside the European Union

For technical and operational reasons it might be necessary to relay your (personal) data to servers of Chiliwire related businesses or advertisers found in the United States or other non-European countries, where personal data protection legislation might not offer the same protection as inside the European Union. You hereby accept that, as far as it is necessary, your (personal) data can be sent to the United States and to other non-European countries.

Links

This Privacy Statement affects only the personal data processed by Chiliwire through the website. If, once inside the website, you click on a link to another website, the privacy policy pertaining to that website will apply. Chiliwire accepts no responsibility for the running or content of third-party websites.

Applications

Chiliwire offers the possibility for third parties to develop applications based on Chiliwire’s API. These applications are developed by third parties unrelated to Chiliwire. Therefore, they are not developed by, for or in Chiliwire’s name, which means Chiliwire has no power to influence their performance or knowledge of what will happen to your personal data when you use these applications. If you authorize one of these applications to use your (personal) data, it will be totally beyond Chiliwire’s responsibility.

Age

Chiliwire’s services may only be enjoyed be people over 16 years of age. On accepting this Privacy Statement you confirm you are over 16 and, if you are under 18, you hereby confirm you have the authorization of your legal tutors to open a Chiliwire account.

Deceased members’ accounts

If we receive notice that a Chiliwire member has died we can give the deceased member’s account a “commemoration” status, or we can delete it. In the case of “commemoration” status, access to the profile is limited to closest friends and relatives only and they would be allowed to post messages in the deceased member’s profile. Chiliwire can close the account or “commemorate” it if Chiliwire receives a formal petition together with a death certificate from the deceased’s closest relatives.

Protection

While processing personal data Chiliwire keeps a constant level of protection which, depending on the state of technology, can be considered sufficient to prevent the loss or unauthorized processing of any information. Personal passwords are encrypted and then stored in such a way that no one, not even Chiliwire New Media B.V. personnel, can access your account. However, we cannot offer any guarantee.

Consulting and correcting

If you wish to know which of your personal data are processed and stored by Chiliwire you can send us a request to that effect by writing an e-mail to info@chiliwire.com, or you can send a letter to: Chiliwire New Media B.V., Utrechtseweg 157, 6862 AH Oosterbeek. After this, you can change, correct or delete any data by personally accessing the information in your account.

Objection

If you wish to delete your account, Chiliwire will, upon your request, erase the personal information you entered when registering and your account will become anonymous. This means that the user name will be replaced by the generic term “deleted” and that the corresponding profile will be deleted. If, as a user, you have taken part in the Affiliate Center, the information regarding the amounts received in commissions and similar will be stored so as to comply with tax obligations. If you have taken part in any forums all texts, images and other data will be kept so as to preserve the continuity of the debates on the forum, except under special circumstances which would justify the removal of a text, image or specific data.

Changes

We recommend that you read this Privacy Statement carefully before registering in the www.chiliwire.com website and that you re-read it again in the future in case any changes might be introduced. If any important changes are introduced in this Privacy Statement, you will be informed via this website or through another channel. In the case of important changes, you will have to accept the Privacy Statement again.

For any questions regarding this Privacy Statement you can use the contact form available on our website.

Chiliwire New Media B.V. welcomes you and hopes you enjoy your Chiliwire account!

November 2011