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We comply with the Notice and Takedown requirements of 17 U.S.C. § 512 of the Digital Millennium Copyright Act (“DMCA”). This site qualifies as a “Service Provider” under the DMCA. Accordingly, it is entitled to certain protections from claims of copyright infringement, commonly referred to as the “safe harbor” provisions. We therefore affirm the following Notice and Takedown Policy relating to claims of copyright infringement by our users.
What is the Digital Millennium Copyright Act (“DMCA”)?
The takedown process provided for by the DMCA is a tool for copyright holders to have user-uploaded material that infringes their copyrights taken down from our website. The process entails the copyright owner (or the owner’s agent) sending a copyright infringement takedown request to a service provider requesting that the provider remove material that the copyright owner contends is infringing their copyright(s). Once a website is in receipt of the takedown request, it is required to send the takedown request to the uploader of the material in question. The uploader is subsequently given a chance to respond to the takedown request . The mechanism serves as an initial step for the copyright holder and the uploader to resolve any dispute relating to the copyrighted material at issue. For that purpose, NKL is required to process and transfer limited personal data between the individuals submitting a takedown request (i.e., the alleged copyright holder) and the uploader.
In compliance with the DMCA, we only accept copyright infringement takedown notices from content owners or someone officially authorized to act on their behalf. To read more about the requirements of a complete notice, we invite you to visit https://www.dmca.com/faq/What-is-a-DMCA-Takedown, and consult with your own counsel. (We do not and cannot provide you with legal advice, and none should be implied from this Privacy Notice or anything else on our site.) Information provided for purposes of copyright takedown requests / counter-notifications will be forwarded to the uploader of the material at issue.
What lawful basis do we rely upon to process your personal data when you file a copyright infringement takedown request / counter-notification pursuant to the DMCA?
For the specific purpose of our review of your copyright infringement takedown request / counter-notification which you may have filed pursuant to paragraph 6C of the Terms of Service, you are required to provide the information needed to make a valid request, i.e.: (a) takedown website URL and (b) statement regarding the ownership of this content. We will process your personal data in order to further our legitimate interests as an entertainment business that respects intellectual property, abide by the law and acts appropriately when reports of copyright infringements are made. For those legitimate purposes, we process your personal data we deem necessary in order to be able to review the takedown request / counter-notification that you may have submitted pursuant to paragraph 6C of the Terms of Service and to allow us to contact you about its content. We consider the processing of your personal data to be proportionate with your interests, rights and freedoms.
What lawful basis do we rely upon to transfer your personal data to the addressee of the copyright infringement takedown request / counter-notification pursuant to the DMCA?
In line with the mechanism provided for under the DMCA, explained above, we will also share with the takedown request claimant or the counter-notification claimant the following personal data to comply with and follow the prescribed steps under the DMCA: your name, your contact information, as well as the contents of your takedown request or your counter-notification. We rely on your consent to transmit your personal data to the addressees of your takedown request or counter-notifications. By submitting a copyright infringement takedown request you consent to your data being transmitted to the uploader of the material in question in line with and for the reasons explained above and detailed in our Terms of Service. Without your consent, we are unable to process your takedown request or counter-notifications as prescribed under the DMCA.
2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.
- Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about Website).
- Personalize, measure, and improve our advertising based on your characteristics and preferences (based on the information you provide to us, your interactions with the Website, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.
Lawful bases: we rely on the following two lawful bases to process your personal data:
- We process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. We consider the processing of your personal data to be proportionate with your interests, rights and freedoms.
- To the extent necessary, we will also rely on your consent to process special categories of data in undertaking marketing activities and personalising the content on the Website. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your account.
2.4 Your direct contact with us through our Website or by post, phone, email or otherwise
- Respond to your queries regarding service or your complaints.
- Provide you with further information on privacy policies.
- Any other queries you may have for which you contact us.
Lawful bases: when you contact us directly through our Website or by post, phone, email or otherwise, including for the purposes of exercising your rights under the GDPR or to file any complaints, we will rely on the following two bases to process your personal data:
- We will rely on our legitimate interests as a customer-friendly entertainment business that wants to improve the experience of the customers using our Website, to resolve satisfactorily any complaints made by our customers, or to respond to any requests for further information. We will process your personal data we deem necessary for these legitimate interests. Additionally, in rare cases where we reasonably determine that your direct communications with us or our staff are or become abusive, amount to harassment or otherwise illegal under the applicable laws, we may also process your personal data for these purposes and pass it onto the relevant governmental authorities. We consider the processing of your personal data to be proportionate with your interests, rights and freedoms.
- We may also need to rely on our legal obligations to process your personal data in cases where the applicable law compels us to communicate your personal data exchanged in direct communications with us to the responsible governmental authorities.
Notice of Claimed Infringement:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Take Down Procedure
We reserve the right at any time to remove any material or activity on our site and material claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is our policy to terminate the account of repeat copyright infringers, when appropriate, and we will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”).
We reserve the right to modify, alter or add to this policy, and all users should regularly check back to these terms and conditions to stay current with any such changes.