IMGX INC PRIVACY POLICY

 

IMGX INC (“IMAGINEX”), a delaware C-Corp, with domicile in the city of Austin, 301 Congress Ave, Suite 2200, in the Texas state, has developed a metahuman entertainment platform.

 

IMAGINEX, through the latest advancements in AI, AR, 3D modeling, and other cutting-edge technologies, has revolutionized the entertainment market by utilizing intelligent metahumans (digital replicas of real individuals), offering a unique and personalized experience available to the User, fostering total immersion and incomparable intimacy.

 

In this context, and within the framework of its activities, IMAGINEX is committed to the Privacy and Protection of Personal Data of the Interested Parties, Users and Performers of its IMAGINE-X.CO Platform. Therefore, the aforementioned information will be processed for the purposes and under the terms established in this Privacy Policy.

 

1.                       PURPOSE

 

Through the IMAGINE-X.CO Platform, IMAGINEX aims to provide entertainment content services. Consequently, this Privacy Policy (“Policy”) aims to describe the terms under which IMAGINEX, through the IMAGINE-X.CO Platform (“the Platform”), and as the Data Controller, carries out the Processing of Databases and the Personal Data included therein, with the purpose of ensuring the protection of this information, guaranteeing the appropriate treatment of personal information, and safeguarding the rights of the Data Subjects.

 

2.                       SCOPE

 

The guidelines established in this Policy will apply to the Processing of all Personal Data that IMAGINEX processes through IMAGINE-X.CO, at any stage, either directly through all its Collaborators or indirectly through its Processors.

 

3.                       RELEVANT TERMS IN THIS POLICY

 

This Policy contains the following terms defined below:

 

Authorization -Informed Consent

 

It is the prior, express, and informed consent granted by the Data Subject to the Data Controller or the Processor, allowing them to Process their Personal Data.

 

Claim

 

It is the request submitted by the Data Subject, their legal representative, or agent, in cases where they believe that the information contained in a Database should be corrected, updated, or deleted; or in cases where they observe alleged non-compliance with a duty under the General Regulation of Personal Data Protection.

 

Database

 

It is the organized set of Personal Data that is subject to Processing, whether in physical or digital form, under the responsibility of IMGX INC.

 

Data Controller/Controller

 

IMGX INC, who decides on the Databases and/or the Processing of Personal Data of its Stakeholders.

 

Data Processor / Processor

 

IMGX INC, who decides on the Databases and/or the Processing of Personal Data of its Stakeholders.

 

Data Subject

 

The natural person whose Personal Data is processed by IMGX INC.

 

Colombian General Regulation of Personal Data Protection/CGDPR

 

Refers to the general regulations governing the protection of Personal Data in Colombia, which includes Statutory Law 1581 of 2012, Regulatory Decree 1377 of 2013, Decree 886 of 2014, Unified Regulatory Decree 1074 of 2015, Title V of the Single Circular of the Superintendence of Industry and Commerce, and any other regulations that complement or modify it.

 

Interested Parties

 

These are the natural or legal persons who are interested in acquiring the services provided by IMGX INC through its Platform.

 

Query

 

It is the request made by a Data Subject, their legal representative, or successor before the Data Controller or Processor regarding their Personal Data stored in any of the Databases.

 

Performer

 

These are the natural persons who actively participate in the production of adult content, which will be published on the Platform through their Metahuman.

 

Personal Data

 

It is any information linked or that can be linked to one or more specific or identifiable natural persons.

 

Platform

 

It is the tool through which one can access the services provided by IMGX INC, available through the Site https://imagine-x.co

 

Privacy Notice

 

It is the verbal or written communication made available by the Data Controller to the Data Subjects, informing them about the existence of the applicable Privacy Policy, how to access it, and the purposes for which their Personal Data will be processed.

Privacy Policy of IMAGINE-X.CO

 

It is the Privacy Policy that establishes the terms of processing Personal Data on the IMAGINE-X.CO Platform.

 

Processing

 

Any operation or set of operations performed on Personal Data, such as collection, storage, use, circulation, or deletion.

 

Public Data

It is data that does not have the quality of semi-private, private, or sensitive. Public Data includes, among others, Personal Data relating to the civil status of individuals, their profession or occupation, and their status as a trader or public servant.

 

Sensitive Data

 

Sensitive Data refers to Personal Data that affects the privacy of the Data Subject or whose misuse could lead to discrimination. Among others, Sensitive Data includes racial or ethnic origin, political opinions, religious beliefs, data concerning health, sexual life, and biometric data.

 

Colombian Special Regime for Personal Data Protection/REPD

 

Refers to the special regulations for the Processing and protection of Personal Data against information operators in Colombia, which includes Statutory Law 1266 of 2008 and Law 2157 of 2021, Title V of the Single Circular of the Superintendence of Industry and Commerce, and any other regulations that complement or modify it.

 

Stakeholders

 

Stakeholders refer to all individuals who are associated with IMGX INC, who may include Users and Performers.

Transfer

It is the delivery of Personal Data or Databases by a Controller and/or Processor located in Colombia to a recipient, who in turn is responsible for Processing and is located inside or outside the country.

Transmission

It is the Processing of Personal Data that involves the communication of such data within or outside Colombia, for a Processor to process them on behalf of the Controller.

 

User

 

Refers to individuals who register on the IMAGINE-X.CO Platform to access the services provided by IMAGINEX.

 

 

4.                       WHAT GUIDES IMAGINEX DURING THE PROCESSING OF PERSONAL DATA?

 

IMAGINEX, through IMAGINE-X.CO, will adhere to the following principles during the Processing of Databases and the Personal Data contained therein:

 

4.1.                  Principle of restricted access and circulation: Access to Personal Data must be adequate, relevant, and limited to authorized personnel. Databases and Personal Data, except Public Data, shall not be available on the Internet or other mass media platforms, unless access is technically controllable to provide restricted knowledge only to Responsible Parties, Data Subjects, or authorized third parties.

4.2.                  Principle of confidentiality: The confidentiality and integrity of Personal Data will be ensured through technical, legal, and administrative controls.

4.3.                  Principle of consent: Processing shall only be carried out with the prior, express, and Informed Consent of the Data Subject. Personal Data shall not be obtained or disclosed without prior consent, except were mandated by legal or judicial authority.

4.4.                  Principle of purpose: Authorization for the collection and processing of Personal Data shall be based on legitimate and expressly authorized purposes, in accordance with the Constitution, the Law, and the General Regulation of Personal Data Protection.

4.5.                  Principle of legality: Processing of Personal Data shall comply with applicable provisions under the General Regulation of Personal Data Protection.

4.6.                  Principle of security: All necessary technical, human, and administrative measures shall be implemented to provide security to Databases and Personal Data, preventing their alteration, loss, unauthorized access, or fraudulent use.

4.7.                  Principle of accuracy or quality of information: Personal Data subject to Processing shall be truthful, complete, accurate, current, and understandable. Partial, incomplete, fragmented, or misleading data shall not be processed.

4.8.                  Principle of transparency: Data Subjects shall have the right to obtain information about the existence of their Personal Data held by the Controller or Processor, at any time and without restrictions.

4.9.                  Principle of minimization: Only Personal Data that is adequate, relevant, and limited to what is necessary for each specific purpose of Processing shall be processed.

 

5.                       WHAT PERSONAL DATA DOES IMAGINEX COLLECT AND PROCESS?

 

IMAGINEX collects various types of Personal Data based on interactions with Stakeholders, future requests made by Data Subjects regarding the Processing of their information, services utilized by Data Subjects from IMAGINEX, their location, and applicable legislation. The Personal Data that IMAGINEX may collect includes:

 

a.                       Name, alias, type and identification number

b.                       Contact information

c.                        Usernames and email addresses

d.                       Date of birth

e.                        Financial information

f.                        Gender

g.                       Interests and preferences

h.                       Demographic, social, and/or geolocation data

i.                         Image and/or video data

j.                        Health status, physical condition, and related information

k.                       Biometric data

 

Personal Data listed from point (i) onwards are considered Sensitive Data, and their Processing will follow the guidelines specified for this type of information in accordance with this Policy.

 

Additionally, if a User uses third-party platforms to register within IMAGINE-X.CO, IMAGINEX will collect certain Personal Data from these platforms.

 

6.                       WHAT ARE PERSONAL DATA PROCESSED FOR?

 

Subject to specific purposes authorized directly by the Data Subjects through their Consent, IMAGINEX processes Personal Data for the following purposes:

 

Interested Parties

 

a)                  Conduct satisfaction campaigns and statistical or data analytics studies.

 

b)                 Send communications via email, text messages, and calls with advertising or promotional information about projects and/or events developed by IMAGINEX and/or its Allies.

 

c)                  Process requests or any type of petition made by Platform Users.

 

d)                 To carry out the procedures related to the relationship with the User.

 

e)                  Verify and update Personal Data, as well as inform about changes in the Privacy Policy and/or the purposes of processing.

 

f)                  Transfer or Transmit Personal Data to third parties, who may be located inside or outside the country, as part of structuring and completing strategic transactions.

 

Performer

 

a)                   Manage the creation of the User's profile on the Platform.

 

b)                  Create, produce, and entertainment content, including, but not limited to, specific categories such as religion, counseling and companionship .

 

c)                   Visual representation of metahumans in animations, incorporating the Performer's biometric characteristics (e.g., voice, face, and body) to achieve a realistic and personalized representation.

 

d)                  Record the actions and movements of the Performer to animate digital models (e.g., metahumans).

 

e)                   Adjust and modifications to the biometric data reflected in metahumans to enhance the quality and aesthetics of the content.

 

f)                   Allow the fixation, broadcasting, making available, public communication of their image, name, voice, pseudonym, directly or through third parties, over the internet, digital platforms, social networks, or any other known or unknown means, for the purpose of exploiting and fixing audiovisual works on sound, visual, and audiovisual media, in all types of media or formats and through any technical procedure or system.

 

g)                  Transfer or Transmit Personal Data to third parties, who may be located inside or outside the country.

 

h)                  Conduct communications through any means relevant to the development and completion of the present contract, as well as business information that may be of interest.

 

i)                    Support internal or external audit processes.

 

j)        Send future communications regarding new selection processes or new hires.

 

Users

 

a)                   Manage the creation of the User profile on the Platform.

 

b)                  Enable the use or access of various functionalities or tools available on the Platform.

 

c)                   Improve the operation of the Platform and User experience, gather information on User browsing and search activities, as well as collect broad demographic information to analyze Platform activity and performance.

 

d)                  Combine information obtained online from different digital platforms and collected User information to create a profile that can be used to provide services on IMAGINE-X.CO.

 

e)                   Manage subscriptions made on the Platform with metahumans.

 

f)                   Send relevant notifications regarding comments, likes, and subscriptions.

 

g)                  Conduct statistical studies or data analytics.

 

h)                  Process assignments, requests, or any type of inquiry, complaint, or consultation made by the Data Subject through any available contact methods.

 

i)                    Send communications via physical mail, email, text messages, calls, or any other communication channel with commercial, advertising, or promotional information about products, services, events, campaigns, and/or promotional contests conducted by IMAGINEX, its partners, or business allies.

 

j)                    Process identifiers and contact information, payment and commercial information to manage subscriptions, aiming to provide customer service and notify registered users about their account or subscription, including expiration and renewal notices, and notifications about changes in the Platform or any product or service offered or provided through them.

 

k)                  Verify information in risk centers or restrictive lists, for the purpose of using it as an analysis element in the business relationship and reporting information to risk centers, restrictive lists, and/or any other information operator.

 

l)                    Perform accounting, tax, administrative, due diligence, billing, and other activities related to the business relationship and certify commercial relationships generated between the parties.

 

m)     Transfer or transmit personal data to business partners, affiliates, subsidiaries, parent companies, or allied companies, for the fulfillment of the purposes described here, or as part of structuring and completing strategic transactions.

 

 

7.                       HOW ARE PERSONAL DATA PROCESSED BY IMAGINEX?

 

IMAGINEX, through its Platform, will process Personal Data using its Collaborators or through Processors. In this regard, it will have all the obligations and rights established under the CGDPR and the REPD. Additionally, Personal Data provided by the Data Subject will be processed physically and/or automatedly, on its own servers or those of the Processors.

 

Furthermore, when using the IMAGINEX Platform, it will synchronize with the camera, microphone, and notification functions of devices to the extent necessary for proper operation and service delivery. Additionally, the Platform may contain links to other websites not owned or controlled by IMAGINEX (such as X, Stripe and Gmail). Therefore, IMAGINEX is not responsible for such websites or the privacy practices of third parties.

 

8.                       HOW ARE SENSITIVE DATA HANDLED?

 

IMAGINEX, through its IMAGINE-X.CO Platform, collects Sensitive Data from its Users and Performers, such as biometric data, images, and videos. In these cases, IMAGINEX informs the Data Subjects about the sensitive data subject to processing, the specific purposes of such Processing, and that, due to the sensitive nature of the data, it is not obligated to provide them unless required by legal duty.

 

Additionally, it's important to note that Performers are responsible for creating and publishing their profiles, which means this information may be accessed and recognized by any User within the IMAGINE-X.CO Platform. Therefore, Performers commit to providing accurate information and thereby release IMAGINEX from liability for the disclosure of such supplied information.

 

9.                       INTERACTION OF USERS ON THE IMAGINE-X.CO PLATFORM

 

Upon creating a User account on the Platform, Users can interact with the metahuman through Artificial Intelligence. All interactions between Platform Users and the metahuman must be conducted under the Users' own responsibility. By using our services, you agree not to engage in any actions that violate applicable regulations.

 

We reserve the right to remove any User and/or content that, at our sole discretion, we deem to violate these conditions. This may include, but is not limited to, comments related to zoophilia, pedophilia, racism or any other activity that could be considered a breach of applicable regulations.

 

10.                    PLATFORM USE FOR (+18)

 

This Policy is presented as an additional and separate document from our Terms of Use for the IMAGINE-X.CO Platform, which governs the use of the Platform and the services offered by IMAGINEX through the Platform.

 

The services provided by the IMAGINE-X.CO Platform are exclusively intended for individuals over the age of 13. Minors under the age of 13 are not permitted to use our services. By accessing and using our services, both Users and Performers declare that they are of legal age (13 years old).

 

11.                    HOW IS FINANCIAL DATA HANDLED?

 

Any payment made to view Performer content is processed by external payment providers. IMAGINEX does not receive your payment card number, the expiration date of the payment card, or the security code. Instead, the payment provider will provide a "token" that represents your account, the expiration date of your payment card, the type of payment card, and the first six and last four digits of your payment card number.

 

12.                    WHO HAS ACCESS TO PERSONAL DATA?

 

Access to the Databases is under the responsibility of IMAGINEX and will only be available to IMAGINEX's Collaborators who need to access and process this information for the performance of their duties.

 

However, in cases where it is necessary to share this information to achieve the authorized Purposes, Personal Data may be legitimately transmitted to Providers, who may be located outside or inside the country such as the USA, with whom the corresponding agreements for the transmission of personal data will be signed to protect the information, the rights of the Data Subjects, and to take all relevant measures to ensure that the Processing of the Database and Personal Data complies with this Policy.

 

Among the Providers entrusted with the information with whom Personal Data is usually shared are those providing software services, including cloud storage, and all those with whom IMAGINEX has a contractual relationship.

 

For all purposes, IMAGINEX may only provide information contained in its Databases to Data Subjects, their successors or legal representatives, public or administrative entities exercising their legal functions, or by court order; third parties authorized by the Data Subject or by the CGDPR. IMAGINEX reserves the right to request additional documentation to verify the identity of the person requesting the information.

 

13.                    WHAT IS IMAGINEX'S SECURITY COMMITMENT?

 

IMAGINEX is committed to the confidentiality and security of Personal Data stored in its Databases, under access, availability, and consultation restrictions by unauthorized third parties.

 

Based on the above, IMAGINEX informs Users that it has adopted appropriate measures and practices for the preservation of Personal Data under industry-standard security conditions, aimed at preventing its alteration, loss, theft, public disclosure, unauthorized or fraudulent use or access, as well as the implementation of internal practices that contribute to a secure information environment. If any Data Subject believes that their Personal Data is not being treated securely, IMAGINEX appreciates being notified promptly to review the matter with the necessary priority.

 

 

 

14.                    FOR HOW LONG ARE PERSONAL DATA PROCESSED?

 

IMAGINEX will maintain a record of information concerning its Stakeholders before, during, and after the termination of their relationship with the Data Subjects (e.g., commercial), which may include Personal Data, solely to achieve the Purposes authorized by the Data Subject or to comply with legal or contractual obligations. IMAGINEX, through its Platform, will store Personal Data for as long as necessary to properly fulfill the Purposes authorized by the Data Subject and/or IMAGINEX's legal or contractual obligations. Upon completion of this period, IMAGINEX will securely destroy the Personal Data and/or remove it from its Databases.

 

15.                    WHAT ARE THE RIGHTS OF DATA SUBJECTS?

 

Data Subjects have the following rights regarding their Personal Data:

 

a)                       Access, know, rectify, and update their Personal Data.

 

b)                       Request proof of the granted Authorization, except in cases where it is exempted as a requirement for the Processing of Personal Data, in accordance with the exceptions established by the General Regime of Personal Data Protection.

 

c)                       Receive information, upon request to the Controller, regarding the Processing given to their Personal Data.

 

d)                       Approach the authorities and file complaints for breaches of the provisions of the General Regime of Personal Data Protection, after processing a consultation or claim with IMAGINEX.

 

e)                       Modify and revoke the Authorization and/or request the deletion of the data.

 

f)                        Be informed and access the personal data that have been subject to Processing.

 

g)                       Any other rights recognized under the Regime of Personal Data Protection.

 

16.                    WHO IS RESPONSIBLE FOR HANDLING INQUIRIES AND COMPLAINTS AT IMAGINEX?

 

The department responsible for handling, managing, and responding to inquiries and complaints related to the Processing of Personal Data is Customer Support.

 

Email

 

contact@imagine-x.co

 

Any questions or inquiries related to the Policy and practices regarding the Processing of Personal Data by IMAGINEX through its Platform can be directed to the same contact address.

 

17.                    HOW SHOULD A DATA SUBJECT FILE INQUIRIES, COMPLAINTS, OR EXERCISE THEIR RIGHTS?

 

The Data Subject, their representative, or successors in interest may submit inquiries and/or complaints to exercise their rights as follows:

 

a)                       Inquiries or complaints should be directed through one of the channels established in this Policy. The Data Subject must clearly describe their request for correction, update, or deletion. If the complaint is related to a potential breach by IMAGINEX or its Processor of any of their duties, the reason for the breach should be detailed.

 

b)                       For Inquiries: The Data Subject or requester must fully identify themselves and clearly describe their inquiry. If not acting as the Data Subject, they must specify their capacity and provide documentation authorizing them to make the request or inquiry, such as a power of attorney among others.

 

IMAGINEX will respond to inquiries within a maximum period of ten (10) business days from the date of receipt. If unable to respond within this period, IMAGINEX will inform the interested party of the reasons for the delay and specify a new deadline for addressing their request or inquiry, not exceeding five (5) additional business days from the expiration of the initial term.

 

c)                       For Complaints: The interested party must provide detailed reasons for the alleged breach. In this case, IMAGINEX will address the complaint within a maximum period of fifteen (15) business days from the day following its receipt. If unable to address the complaint within this timeframe, IMAGINEX will inform the interested party of the reasons for the delay and the date by which the complaint will be addressed, which in no case shall exceed eight (8) business days following the expiration of the initial term.

 

If the received complaint is incomplete, IMAGINEX will request the interested party to remedy any inaccuracies within five (5) business days from receipt. If two (2) months pass from the date of the request without the requester providing the required information, IMAGINEX will consider the complaint withdrawn.

 

If the complaint requests the deletion of Personal Data and/or revocation of Authorization for the use of Personal Data, IMAGINEX will proceed accordingly. However, a copy of the complaint, including related information, will be retained by IMAGINEX for documentary purposes in potential administrative processes.

 

18.                    HOW WILL COOKIES BE USED ON THE IMAGINE-X.CO PLATFORM?

 

IMAGINEX, through its IMAGINEX Platform, may implement cookies to collect and process Users' Personal Data. IMAGINEX will act as the Controller for the information collected through its own cookies and will subject their Processing to the protection standards established in the CGDPR and as outlined in this Policy. Additionally, IMAGINEX acts as a Processor for Personal Data collected through third-party cookies.

 

On its Platform, IMAGINEX may implement the following types of cookies:

 

First-party

 

These are sent/installed on the User's device from the equipment/domain managed by IMAGINEX and from which the requested service is provided by the User. In this case, IMAGINEX acts as the Controller.

 

Third-party

 

These are sent/installed on the User's device from the equipment/domain managed by a third party other than IMAGINEX. This third party processes the personal data and, therefore, acts as the Controller of the Processing.

 

Necessary or Essential

 

Implemented to enable essential functions for the basic operation of the Platform, without which it cannot function properly.

 

 

Statistics

 

Implemented to understand how Users interact with the Platform and to perform statistical analysis of the services provided.

 

Preferences

 

Implemented to remember information about the User's previous choices or decisions when accessing the Platform, which can differentiate their browsing experience from that of other Users. For example, language preference, region from which the service is accessed, among others.

 

Advertising or Marketing

 

Implemented to collect and store information related to Users' behavior, particularly their browsing habits, to develop a specific User profile and send/display advertising based on this profile.

 

Session Cookies

 

Used to collect, store, and process information only while the User accesses the Platform. They disappear/are deleted from the User's device once the session ends.

 

Persistent Cookies

 

Used to collect, store, and process information for periods longer than the User's session time (the duration can vary from minutes to several years, depending on the specific purpose). They remain stored on the User's device after the session ends.

IMAGINEX, through its IMAGINEX Platform, will inform Users in their capacity as Data Subjects, through the corresponding Privacy Notice, about the use of this technology, its terms, and scope. In this way, Data Subjects who do not wish to have Cookies installed can reject them entirely or partially using the "I do not accept" or "Choose cookies" options, respectively, in the Privacy Notice implemented on the Platform.

 

If the User rejects or partially deactivates Cookies, it could affect some functional aspects of the Platform during their browsing experience.

 

19.                    DURATION OF THE POLICY AND THE DATABASES

 

a)                       This document came into effect as of  07/30/24

b)                      The Databases under the administration of IMAGINEX will remain valid for as long as Personal Data is used for the purposes described in this Policy; and Personal Data included in these Databases will be retained unless the Data Subject requests their deletion and there is no legal or contractual obligation to retain the information.

 

c)                       IMAGINEX informs that any substantial changes to the Privacy Policy will be promptly communicated through the Platform or the usual channels of information.

 

 

IMGX INC

Domicile: USA

Address: 301 Congress Ave, Suite 2200, Austin, Texas, 78702

Email: contact@imagine-x.co

Phone: [AZ1] +57-315-6799922