Terms & Conditions / Privacy

Introduction

Certain of this data may constitute protected “personal data” as that term is defined in the E.U. General Data Protection Regulation (“GDPR”). In addition, certain of the SHUNGA EROTIC ART services may constitute “processing” as that term is defined in GDPR. As such, GDPR may apply to SHUNGA EROTIC ART in certain circumstances, depending on the services provided and data stored.

The following disclosures concerning SHUNGA EROTIC ART’s compliance with GDPR are presented for informational and compliance purposes only. Nothing in these disclosures constitutes a representation that any particular data or service is governed or subject to GDPR, nor do these disclosures represent or constitute any contract or undertaking with any customer or prospective customer.

Effective Date of GDPR

GDPR is set to take effect on May 25, 2018. On and after that date, SHUNGA EROTIC ART will comply with GDPR to the extent applicable.

SHUNGA EROTIC ART’s Status Under GDPR

Under GDPR, SHUNGA EROTIC ART may be designated as (i) a “controller” subject to GDPR with respect to certain data sets; (ii) a “processor” subject to GDPR with respect to certain data sets; or (iii) not subject to GDPR for certain data sets.

GDPR Does Not Apply

For other relationships, GDPR will not apply, either because the data does not constitute protected data, or because the customer is not subject to GDPR.

Example: A US-based customer purchases managed hosting services for marketing data concerning US citizens. GDPR does not apply.

Example: An EU-based customer purchases colocation services from SHUNGA EROTIC ART. SHUNGA EROTIC ART does not have logical access to any customer data. SHUNGA EROTIC ART does not have a login, passwords, or any other data, and cannot access the server. SHUNGA EROTIC ART provides only physical security of the actual machine storing the data. SHUNGA EROTIC ART is not a data processor because SHUNGA EROTIC ART does not perform any operation on the customer’s data. It is not necessary to execute a processor agreement with SHUNGA EROTIC ART under GDPR.

Example: An EU-based customer purchases network services from SHUNGA EROTIC ART. SHUNGA EROTIC ART does not have logical access to any customer data in connection with network services. It is not necessary to execute a processor agreement with SHUNGA EROTIC ART under GDPR, because SHUNGA EROTIC ART is acting as a “mere conduit” of the data and is not considered a processor of the data (See GDPR Article 2[4]).

SHUNGA EROTIC ART Responsibilities

Security: SHUNGA EROTIC ART implements standard up-to- date security measures to secure the environment and connections through which SHUNGA EROTIC ART provides its services. SHUNGA EROTIC ART can deliver additional and/or alternative measures upon customer’s request.

Disclosure: SHUNGA EROTIC ART will not disclose any information to any third party unless authorized by law, or authorized by either the data subject, controller, or processor as the case may be.

SHUNGA EROTIC ART Compliance as Processor

If SHUNGA EROTIC ART is a “processor” under GDPR for a particular data set, SHUNGA EROTIC ART will enter into a processor agreement or data processor addendum. This agreement is required by GDPR and governs the terms of SHUNGA EROTIC ART’s processing of the protected data at issue.

SHUNGA EROTIC ART Compliance as Controller

If SHUNGA EROTIC ART is a “controller” under GDPR, SHUNGA EROTIC ART will comply with applicable GDPR obligations. These include, but are not limited to the following:

  • SHUNGA EROTIC ART will lawfully process data.
  • SHUNGA EROTIC ART will enter into processing agreements with any third-party processors prior to sending personal data to such processors.
  • SHUNGA EROTIC ART will maintain all required records and provide required modalities for the exercise of rights of the data subject.
  • SHUNGA EROTIC ART will retain data only as long as necessary for the purpose for which it was obtained.
  • SHUNGA EROTIC ART will provide required notices.
  • SHUNGA EROTIC ART will adopt all required policies and procedures and train employees who handle personal data governed by GDPR.
  • SHUNGA EROTIC ART will implement privacy by design and privacy by default with regard to personal data governed by GDPR.
  • SHUNGA EROTIC ART will provide all required notifications in the event of a data breach.

GDPR Compliance

To ensure GDPR Compliance, SHUNGA EROTIC ART undertakes the following:

  • SHUNGA EROTIC ART enters into data processing agreements with its customers if GDPR applies to the processing of their data.
  • SHUNGA EROTIC ART enters into sub-processing agreements with its providers if necessary.
  • SHUNGA EROTIC ART maintains all documentation required by GDPR and provides all required notices.
  • In areas applicable to GDPR, SHUNGA EROTIC ART offers its customers assistance in relation to security, data subject rights, data breaches, data protection impact assessment, prior consultation, and other elements of GDPR.
  • SHUNGA EROTIC ART maintains up-to- date security measures, performs regulator audits, and will implement additional security at the customer’s request and pursuant to the terms of applicable agreements.

For any further questions regarding this notification or SHUNGA EROTIC ART’s compliance with GDPR more generally, please contact us at: [email protected]

Please be advised that SHUNGA EROTIC ART cannot respond to any questions regarding your status as a controller or processor.

Data Subject Notifications

As set forth above, in certain instances SHUNGA EROTIC ART will act as a controller under GDPR. Article 13 and 14 of GDPR require SHUNGA EROTIC ART to provide certain information to data subjects when collecting their personal data directly from them or from third parties (such as an employer).

This summary is for informational purposes only, and is qualified in its entirety by applicable privacy policies and terms of use provided elsewhere on this website and by SHUNGA EROTIC ART affiliates. In the event of conflict, the terms of the applicable privacy policy or terms of use shall govern.

Identity of the Controller

SHUNGA EROTIC ART and/or any of its domestic and foreign subsidiaries will constitute the controller for GDPR purposes in the event that the data in question is personal data under GDPR and is collected by SHUNGA EROTIC ART. If you have any questions or concerns regarding collection of your personal data, please contact [email protected]

Purposes of Processing of Data

SHUNGA EROTIC ART may utilize personal data in a number of ways in order to meet obligations under various agreements, to pursue legitimate interests such as facilitating services pursuant to contractual agreements with entities, including providing services such as colocation, managed hosting, cloud, and network services. The legal basis for this processing generally will be that it is necessary for the legitimate interests outlined above, but other bases may include compliance with legal obligations or consent.

Recipients of Data

The recipients of personal data will depend in large part on the services being provided that require the processing of personal data. In many cases, the only recipients of such data will be employees of SHUNGA EROTIC ART who have committed themselves to confidentiality. In other cases, SHUNGA EROTIC ART may transmit such data to processors or other controllers as necessary to meet SHUNGA EROTIC ART’s obligations.

Transfer Outside of EU/EEA

SHUNGA EROTIC ART may transfer personal data outside of the European Union or European Economic Area. When SHUNGA EROTIC ART does this, appropriate safeguards will be in place, such as Privacy Shield accreditation or the insertion of approved model clauses. SHUNGA EROTIC ART will only transfer personal data to foreign controllers and processors who meet these standards.

Duration of Storage

SHUNGA EROTIC ART will only store your data as long as required by the basis for processing. For example, SHUNGA EROTIC ART will only store personal data that is being processed pursuant to SHUNGA EROTIC ART’s legitimate interest so long as such interest is present. If SHUNGA EROTIC ART is processing personal data based on consent, that consent may be withdrawn by you at any time. Please contact [email protected] to withdraw such consent.

Your Rights as a Data Subject

SHUNGA EROTIC ART is committed to fulfilling its obligations concerning the exercise of your rights under GDPR. Please be advised that you have the following rights under GDPR (to the extent GDPR applies to your personal data):

  • The right to request access to, rectification or erasure (i.e., the right to be forgotten) of personal data or restriction of processing or to object to processing
  • The right to data portability
  • The right to lodge a complaint with a supervisory authority
  • In certain circumstances, the right to know the source of the data and whether the source was public.
  • Should you have any questions regarding the exercise of these rights, please contact [email protected] SHUNGA EROTIC ART may provide additional information in communications directly with data subjects as necessary.

Last Revised: Revision May 31st, 2018

1. CONDITIONS OF SITE USE

1.1 Location of Site Operations

Eau Zone operates the Site from its offices in Canada. Eau Zone makes no representations to the effect that portions of the site may be used outside Canada, and it is illegal to access the Site from territories where legislation deems the contents or access to the Site to be illegal. Any person choosing to access the Site does so of his/her own free will, and it is his/her responsibility to respect all applicable local legislation. Any claim regarding the Site and its contents, or ensuing as a consequence of the use of the Site, is governed by the laws applicable within the Province of Quebec.

1.2 Restrictions Related to Site Use

Unless otherwise indicated in one section of the Site or another, no part of the Site may be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted in any way without prior written consent from Eau Zone. It is permitted to display or download items from the Site for non-commercial purposes only, and provided that said items are not modified and that all related copyrights are respected.

1.3 Trademarks

The trademarks (registered or not) and logos used or displayed on the Site belong exclusively to Eau Zone or third parties. Nothing on the Site may be interpreted in any way that would allow, directly or indirectly, the use of a trademark shown on the Site without prior written consent from the owner of that trademark.

1.4 Liability Limitations

The Site and its contents are supplied as shown, without any implicit or explicit warranty. Subject to any public legislation to the contrary, Eau Zone declines any responsibility and provides no warranties, particularly with regards to marketable quality or suitability for any particular use. Moreover, Eau Zone makes no representation regarding the use, validity, accuracy or reliability of the items displayed on the Site, or with respect to the results ensuing from the use thereof. Although Eau Zone takes every possible measure to avoid any errors on the Site, it waives any responsibility regarding any such errors that may appear. No related company, executive, employee, representative or agent of Eau Zone can be held liable under any circumstances for damage related directly or indirectly to use of the Site, including the loss of data or profit as a consequence of the use of the Site’s contents or inability to use said items.

The content of this web site, as well as Shunga Erotic Art’s broadcasts on social networks, are reserved to an informed public.

1.5 User-Transmitted Information

As a Site user, you hereby acknowledge that all items, information and opinions transmitted to Eau Zone by any means will become the complete and exclusive property of Eau Zone, and you hereby waive all moral rights related thereto. Eau Zone hereby advises you that it can, without issuing any compensation to you, use, reproduce, publish and license by any means and to whomever it sees fit any items you may have transmitted to it. Furthermore, you are not permitted to transmit any items to Eau Zone that may be illegal, slanderous, obscene or contrary to any applicable law. By transmitting any content, you hereby represent to Eau Zone that you own any and all relevant rights to such content, including copyrights. Eau Zone reserves the right, at its sole discretion, to refrain from publishing or to retract any item you may have transmitted to it.

2. Privacy

Eau Zone is committed to ensuring the confidentiality of any information conveyed via Internet, as well as to maintaining personal privacy. In line with this commitment, following is a description of Eau Zone security measures, its policy regarding the nature of any information gathered about customers ordering products via the Site, its reasons for gathering such information, and the use made of such information.

3.Security

Eau Zone has established security measures in order to protect you against the loss or unauthorized use of your data on file, including credit card information. Eau Zone Web servers use the most advanced Secure Socket Layers (SSL) technology, which ensures highly secure data transmission. Furthermore, Eau Zone servers are also protected by firewall-type technology. Eau Zone is committed to maintaining its hardware in order to ensure that you secure transactions can be made on the Site at any time.

However, no security measure is perfect, and customers should be aware that there is always a certain amount of risk that personal information provided to Eau Zone is disclosed without consent and as a result of no fault on the part of Eau Zone. Eau Zone hereby waives any responsibility regarding the disclosure of personal information, except in the event that such disclosure occurs as a result of negligence on its part.

It is important to note that, in order to ensure security, no credit card-related data is kept on Eau Zone servers.

4. Personal information

4.1 What personal information does Eau Zone gather?

In some circumstances, when purchasing products or registering for a promotional contest, for example, Eau Zone will require a name, postal address, e-mail address, as well as other information that may be agreed to.
Eau Zone will make every effort possible to provide the means to verify confidential information is up-to-date.

4.2 What use does Eau Zone make of the information gathered?

The information gathered by Eau Zone is used to open an account, to process orders, to contact in case of winning a prize in contest, and if you so authorize, and to occasionally convey information to customers through newsletters. Eau Zone assures that its advertisers and/or partners do not, at any time, have access to confidential data. Moreover, Eau Zone does not resell its customer list, and customers always have the option to request that Eau Zone stops sending information.

5. Cookies

Cookies, or “telltale marks”, are small text files which embed themselves on your hard drive from some of the Site’s pages. Cookies are harmless in the sense that they cannot extract any information from your hard drive, over which you have complete control. Eau Zone uses Cookies to determine site traffic, convey useful information to its Marketing Department, and to personalize any future visits you make to the Site. Cookies do not systematically provide Eau Zone with any personal information about you, and you can opt to stop receiving Cookies at any time by simply modifying your computer configuration.

6. Limitations

Eau Zone reserves the right to amend its policies at any time. Eau Zone also reserves the right to disclose your personal information insofar as the law would require Eau Zone to do so, or in order to protect its ownership rights to the Site, its users, sponsors, advertisers or suppliers.

7. Copyright

The contents of this Site are protected by various laws. These contents are intended for non-commercial use. Any reproduction, publication, distribution or public rendering of the Site’s contents, in whole or in part, is strictly prohibited. Any unauthorized use of said contents could render the offender liable to civil and/or criminal prosecution.

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