> For the complete documentation index, see [llms.txt](https://docs.club.com/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://docs.club.com/legal-and-compliance/privacy-policy/creator-privacy-agreement.md). # Creator Privacy Agreement ## **CREATOR PRIVACY AGREEMENT /** DATA PROTECTION ADDENDUM ClubCreators, Inc. (“Club”) empowers creators on our platform (“Creators”) to monetize their online content and directly connect with audiences (“Members”). Club supports the privacy of both Creators and Members, and strives to create a secure, private environment in which Creators and Members may freely express themselves and feel secure in their communications and activity on Club. To facilitate this direct connection with Members and enable subscriptions and other membership rewards and obligations to be fulfilled, Club provides the personal data of Members (“Member Data”) to Creators. Creators then process Member Data in order to provide Members any and all products or services as part of that Creator’s membership business on Club (collectively known as “Membership Services”). Club requires all Creators to agree to this Creator Privacy Agreement and Data Processing Agreement (“Privacy Agreement”) to ensure that Creators respect the privacy rights of Members when processing Member Data. This Privacy Agreement is between Club and Creators, taking effect from the moment a Creator account is created on Club and applies exclusively to the Member Data collected by Club and provided to Creators for the purpose of running a membership and/or subscription business with Club. This Privacy Agreement is an extension of Club’s Terms of Service and Privacy Policy and will outline certain requirements for Creators to process Member Data during and beyond their relationship with Club. By creating a Club account, accessing the platform, or clicking “Agree,” “Accept,” or any similar button or mechanism presented by Club, Creator acknowledges that they have read, understood, and agree to be legally bound by this Privacy Agreement, as well as Club’s Terms of Service and Privacy Policy, which are incorporated herein by reference. Creator further agrees that such electronic acceptance constitutes a valid and binding agreement between Creator and Club, enforceable to the fullest extent permitted by applicable law, and is the legal equivalent of a handwritten signature. Creator agrees not to challenge the validity or enforceability of this Privacy Agreement on the basis that it was accepted electronically. 1. Definitions 1. “Data Protection Legislation” means all applicable laws related to privacy and the processing of personal data that may exist in any relevant jurisdiction, including, where applicable, the guidance and codes of practice issued by supervisory authorities. Data Protection Legislation includes, but is not limited to, European Directives 95/46/EC and 2002/58/EC (as amended by Directive 2009/136/EC), the California Consumer Privacy Act, the Video Privacy Protection Act of 1988, and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts, or consolidates any of them, including the General Data Protection Regulation (Regulation (EU) 2016/279). 2. “Good Industry Practice” means exercising the same skill, expertise, and judgment and using facilities and resources of a similar quality as would be expected from a person who: (a) is skilled and experienced in providing the services in question, seeking in good faith to comply with his or her contractual obligations and seeking to avoid liability arising under any duty of care that might reasonably apply; (b) takes all proper and reasonable care and is diligent in performing his obligations; and (c) complies with the Data Protection Legislation. 3. The terms “data controller,” “data processor,” “subprocessor,” “data subject,” “personal data,” “processing,” “sale,” “share,” and “appropriate technical and organizational measures” shall be interpreted in accordance with Directive 95/46/EC, or other applicable Data Protection Legislation, in the relevant jurisdiction. 2. Scope. The parties agree that Club is a data controller and that Creator is a data processor in relation to Member Data that Creator processes in the course of providing Membership Services. The subject matter of the data processing, the types of personal data processed, and the categories of data subjects will be defined by, and/or limited to, those necessary to carry out the Membership Services. The processing to which this Privacy Agreement applies will be carried out by Creator upon leaving the Club platform. The subject matter, duration, nature, and purpose of processing of the personal data as well as the type of personal data and categories of data subjects covered by this Privacy Agreement are as follows: 1. The subject matter of the data processing is Member Data 2. The duration of the processing is for as long as the Creator holds Member Data 3. The nature and promise of the processing under this Privacy Agreement is limited to the Creator’s fulfillment of Membership Services by the Creator 4. The type of personal data covered by this agreement is contact information, including but not limited to username, email address, shipping address, and pledge amounts 5. The category of the data subjects are website visitors who sign up for memberships on Club 3. Data Protection. Creator shall adhere to the following requirements: 1. Processing as instructed. Creators will process Member Data only in accordance with the Club Terms of Service, Privacy Policy, and this Privacy Agreement, and only in compliance with Data Protection Legislation. The nature and purpose of the processing shall be limited to that necessary to carry out such instructions, and not for Creator’s own purposes, or for any other purpose except as required by law. If Creator is required by law to process the personal data for any other purpose, Creator will inform Member of such requirement prior to the processing unless prohibited by law from doing so. 2. Extent of Processing. Creator will process the personal data only to the extent, and in such manner, as is necessary for the provision of Membership Services. 3. Appropriate Technical and Organizational Measures. Creator will implement and maintain appropriate technical and organizational measures designed to protect the personal data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration, or disclosure. The measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage, or theft of the personal data and having regard to the nature of the personal data which is to be protected and as a minimum shall be in accordance with the Data Protection Legislation and Good Industry Practice. 4. Transfer to Third Parties. Creator will not give access to or transfer any personal data to any third party (including any affiliates, group companies, or subcontractors) without the prior consent of Club. Creator must also ensure the reliability and competence of such third parties, its employees or agents who may have access to the personal data processed in the provision of Membership Services; and must include any contract with such third party provisions protecting Member which are equivalent to those in this Privacy Agreement and the Terms of Service and as are required by applicable Data Protection Legislation. 5. Acknowledgement of Data Protection Legislation and Assistance. Creator will take all reasonable steps to assist Club in complying with applicable Data Protection Legislation. For example, Creator will promptly inform Club in writing if it receives: (i) a request from a data subject concerning any personal data; or (ii) a complaint, communication, or request relating to Club’s obligations under Data Protection Legislation. 6. Destruction or Return of Property Upon Membership Services Completion. Creator will not retain any of the Personal Data for longer than is necessary to provide Membership Services. At the end of Membership Services, or upon Member’s request, Creator will securely destroy or return (at Club’s election) the personal data to Member. 7. Loss or Security Breach. If Creator becomes aware of any accidental, unauthorized, or unlawful destruction, loss, alteration, or disclosure of, or access to Member Data processed by Creator in the course of providing Membership Services, it will do the following: 1. Provide notice to Club. Creator will notify Club without undue delay and within 48 hours and provide Club with: a detailed description of the Loss or Security Breach; the type of data that was the subject of the Loss or Security Breach; the identity of each affected person if known; and the steps Creator has taken or will take in order to mitigate and remediate such Security Breach, in each case as promptly as such information can be collected or otherwise becomes available (as well as periodic updates to this information and any other information Club may reasonably request relating to the Loss or Security Breach); and 2. Investigate the Matter promptly. Creator shall promptly take action, at its own expense, to investigate the Loss or Security Breach to identify, prevent, and mitigate the effects of the Loss or Security Breach and to identify, prevent, and mitigate the effects of the Loss or Security Breach and to carry out appropriate recovery actions to remedy the Loss or Security Breach. 8. Compliance with Data Protection Legislation. Creator shall comply at all times with and assist Club in complying with its applicable obligations under Data Protection Legislation. Creator shall make available information reasonably necessary to demonstrate compliance with the obligations set forth in this Privacy Agreement. Creator will notify Club immediately if, in Creator’s opinion, an instruction for the processing of personal data given by Club violates any country’s data privacy legislation. 9. No Sale or Sharing of Personal Information. Creator (as a Processor and Service Provider) acknowledges and agrees that it does not sell Personal Information, including for the purpose of cross-context behavioral advertising, and that it does not retain, use, or disclose Personal Information for any purpose other than performing the Membership Services or as otherwise permitted under applicable Data Protection Legislation. The Creator shall not retain, use, or disclose Member Data outside of the Membership Services provided through Club nor combine Personal Information received from the Controller with Personal Data received from other sources, except as permitted under applicable Data Protection Legislation. 4. Governing Law. This Privacy Agreement shall be governed by the governing law set forth in Club’s Terms of Service or other agreements, except where required otherwise by statute or regulation, including applicable Data Protection Legislation. 5. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect. --- # Agent Instructions This documentation is published with GitBook. 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