Terms and conditions & Privacy Statement

General

General terms and conditions apply to the visit and use of the Website and other services offered by us. Please study these terms and conditions carefully before visiting the Website and / or using our services. If there are one or more points in our general terms and conditions that the user cannot agree with or if the user is experiencing difficulties reading these general terms and conditions, then the user can immediately cancel their visit to the Website. This or future visit to the Website and / or the use of our services implies that the user accepts these general terms and conditions in full and without reservation. To use the Website and the applications provided therein, registration is required, whereby the user uses a personal password.

Article 1: Definitions

1.1. BD Technologies AG: Operator, owner and operator of the website.

1.2. Hyperlink: Links that are primarily intended for presentation to a human user.

1.3. Website: A medium for presenting information via the Internet.

1.4. User: The person who visits the Website and uses it in a manner as described in Article 3. The user does not have to seek physical contact.

1.5. Entertainment Profile: The person who, on behalf of BD Technologies AG, maintains contact (chat) with the user via the Website for paid entertainment. No physical contact can be made with an Entertainment profile.

1.6. Credits: The payment method for being able to communicate via the Website.

1.7. Profile: The entirety of personal characteristics and preferences by user and Entertainment Profile is provided to make visible on the Website.

1.8. Content: The actual content of the Website, this content includes but is not limited to films, photos, texts and Profiles.

1.9. Logging: The digital storage of data contributions from the user.

To top

Article 2: Scope and nature of the conditions

2.1. These general terms and conditions apply between BD Technologies AG and the user.

2.2. These general terms and conditions apply to the use of the Website.

2.3. Where parts of these terms and conditions may be void or voidable, the other parts remain in effect and the relevant part will be converted into a valid part that affects the original intention as much as possible.

To top

Article 3: Content and use of the Website

3.1. The Website does not facilitate sex for payment or does not facilitate prostitution and / or escort. If the Website suspects that the user is acting in violation of the general terms and conditions, the Website reserves the right to report this to the police or other judicial authorities. In addition, the user's account will be immediately put inactive, whereby any outstanding credits will immediately expire. The Website is a platform for users to communicate and is a passive link between the online publication and distribution of Profile and other information.

3.2. The Website also aims to allow users to communicate with Entertainment Profiles.

3.3. Communication via the Website takes place against payment with credits. Credits have a limited validity and will automatically expire after 90 days of unused. When the account is deactivated, all outstanding credits will expire. Under the conditions as mentioned in article 12, the user has the option to make use of the right of withdrawal and to have the amount of the purchased credit(s) refunded.

3.4. The purpose of this website is to enable (erotic) chat conversations between fictitious profiles and users, and therefore contains fictitious profiles. Physical meetings are not possible with these fictitious profiles.".

3.5. BD Technologies AG allowed chats on the Website with Entertainment Profiles. These are fictional profiles whose purpose is paid entertainment and with which no physical contact is possible.

3.6. Use of the Website and services offered through the Website is open to any person who has reached the minimum age of 18 years. If the user has not yet reached the age of 18, objects to the content of the Website and / or the user is located in a geographical area where access to the Website or the use thereof is prohibited, the user must immediately visit the Website abort.

3.7. The user can create a profile by going through the registration process completely. When going through the registration process, the user must provide current and complete information about themselves. The user guarantees that any changes to these data will be immediately passed on to the website or, if necessary, adjusted by the user on its own pages of the Website. By completing the registration, BD Technologies AG grants a license to use the intellectual property rights on the content provided by the user to the Website. In particular, this license includes the right of BD Technologies AG to duplicate, display, adapt, translate, scan, use for publicity purposes, both commercial and non-commercial, sublicense or transfer content related to the user's Profile .

3.8. The user is not allowed to create a profile for others, to transfer it and / or to allow others to use their profile. If, for whatever reason, the data of the user is no longer correct or complete, the user must adjust their data in such a way that it is up to date again. If the user provides incorrect or incomplete information about itself and if BD Technologies AG determines that the information provided is incorrect or incomplete, BD Technologies AG can terminate or suspend the account.

3.9. The user is fully responsible for keeping their username and password secret. The user alone is liable for the use of the account by third parties, regardless of how this access to the account is obtained. In the case of suspected abuse of the account, BD Technologies AG will immediately notify the user and has the right to remove user access.

3.10. BD Technologies AG is not liable for the use or improper use of the account, or rejects any liability in that regard.

3.11. Gaining access to the Website in an unauthorized manner is punishable by law. In case of suspicions of abuse BD Technologies AG will immediately file a report.

3.12. The user is not permitted to use the personal data of third parties, which the user has via the Website, other than exclusively for themselves.

3.13. The user is not permitted to transfer the personal data of third parties, which the user has via the Website, to third parties or to use it for sending 'junk mail', 'spam', 'chain letters', 'mailings', etc... to entertainment Profiles.

3.14. The user is not allowed to comment or distribute content that violates human rights. The user is also not allowed to publish content that is defamatory, insulting, obscene, hurtful or violent in nature, or that can provoke politics, racism or violence. In general, the user is not allowed to post content that violates the objectives of the website or the applicable laws, rules or decency standards.

3.15. The user is not permitted to use the website in any way or have it used for unlawful acts, committing criminal offenses and / or for acts that are contrary to generally applicable standards and values. This includes, among others, the following: the infringement of intellectual property rights of third parties (including, but not limited to: copyrights, trademark rights, rights under European Directive 96/9 on the legal protection of databases, patent rights, design rights) ; theft; the unlawful and / or criminal distribution of secret or confidential information; the unlawful or punishable distribution of texts and / or image and sound material, including racist statements, (child) pornography, criminal data traffic, insulting statements and so-called. 'mail bombs'; computer trespass ('hacking') via Website; destruction, damage or rendering unusable of systems or automated works and software of others; spreading viruses or otherwise deliberately disrupting communications or data storage; gaining access by means of false keys, false codes and false attributes.

3.16. The user is not allowed to publish photos of persons other than the user themselves on the website. BD Technologies AG reserves the right to refuse, change or remove photos, animations or other images. It is also not permitted to distribute photos obtained via the Website on other websites or platforms.

3.17. The user is not permitted to include contact details such as telephone numbers, street addresses, surnames, URLs, e-mail addresses or other personally identifiable information or to make requests to obtain contact details in the profile or on images of the user. BD Technologies AG reserves the right to refuse, change or remove Profiles or parts of Profiles.

3.18. On this website, a “flirt” notification is able to be sent. These flirt notifications cost one credit to send a flirt.

3.19. To place a message on the Recent Activity board, which is located on the main page of the website, for the community to read, it costs one credit to send a message.

3.20. In the chat overview in the inbox, messages will be deleted after 30 days. In addition, only the last 100 message interactions can be seen. More messages cannot be displayed due to storage reasons.

3.21. A free credit is given after registration. However, BD Technologies AG may request to have the email address to be verified before this free credit is activated.

To top

Article 4: Protection of personal data:

4.1. The Privacy Terms of the Website apply to the use of the Website. It describes how the Consumer's personal data are processed. The Website hereby adheres to the legal rules regarding the protection of privacy and the cookie legislation.

4.2. If BD Technologies AG has a reasonable suspicion of violation of the rules of the website in Article 3, the website is entitled to take note of data the user has shared via the website. The website elaborates on this in the Privacy Conditions.

4.3. In order to prevent scamming, fraud and to look after personal data, we have the right to censor phone numbers, email addresses and website links in messages and profile descriptions.

To top

Article 5: Liability

5.1. BD Technologies AG makes every effort to make the Website available in an uninterrupted manner and to secure it by all reasonable means.

5.2. BD Technologies AG is not liable for nuisance caused by work, problems, interventions, changes or limitations of functionality or other matters that affect the availability and use of the Website.

5.3. BD Technologies AG is not liable for the correctness, completeness and topicality of profiles of users. The content thereof reflects the opinion of the user. Some Profiles, advertisements or contributions may be for paid entertainment purposes. Physical contacts are not possible in those cases.

5.4. BD Technologies AG is not liable for direct or indirect damage resulting from the use of the Website.

To top

Article 6: Content

6.1. The content of the Website consists of profiles, user contributions and Entertainment profiles and advertisements.

6.2. BD Technologies AG does not have the means to permanently check the content of Profiles.

6.3. BD Technologies AG does not check the contributions that users and Entertainment Profiles exchange.

6.4. BD Technologies AG does not check the content or correctness of external links (advertisements).

6.5. If the user suspects a violation of the law, BD Technologies AG will remove the relevant statements and the relevant Profile and make every effort to prevent repetition thereof.

6.6. BD Technologies AG uses, among other things, websites of third parties to send visitors to the Website, whether or not for a fee. These third parties are responsible and liable for the content of their website and the way in which they send the user to the Website by means of hyperlinks.

6.7. The Website is not part of the Match Group nor is it under the control of the Match Group

To top

Article 7: Privacy, personal data and control of use

7.1. BD Technologies AG takes great care to protect the personal data of users and does not share this with third parties unless BD Technologies AG is obliged to do so on the basis of a legal provision. See the privacy statement on the Website in detail.

7.2. During the visit to and the use of the website, information of the user is logged. This information is necessary for the correct functioning of the website and the optimization / improvement of the Website and the use of the Website. This information can also be used for tracing errors and / or violations of these general terms and conditions and legal provisions that BD Technologies AG deems necessary.

7.3. In case of violation of the provisions in these general terms and conditions, actions that are in violation of the law and / or in the event of fraud, the account will be blocked with immediate effect and without prior warning and the membership will be terminated immediately. The purchased balance will expire immediately and irrevocably. The costs associated with detecting the abuse or fraud are recovered from the user. BD Technologies AG reserves the right to recover all damages and judicial and extrajudicial costs from user.

To top

Article 8: Complaint handling

8.1. All complaints related to the use of the Website, quality or any other complaint will be taken seriously by BD Technologies AG.

8.2. The user must submit a complaint in writing by e-mail to BD Technologies AG.

8.3. BD Technologies AG will try to resolve the complaint within 10 working days. BD Technologies AG will inform the user about this in writing by e-mail

To top

Article 9 User disputes

9.1. BD Technologies AG is not involved in communication between profiles. The user indemnifies BD Technologies AG against any form of direct or indirect damage as a result of communication of the user.

To top

Article 10: Intellectual property

10.1. All intellectual property rights, as well as all similar rights to all services, products and information offered on the Website, rest exclusively with BD Technologies AG or its licensors.

10.2. Nothing from this website may be reproduced without written permission from BD Technologies AG. The intellectual property rights to all texts, images, sounds and software of this website belong to BD Technologies AG or its licensors.

10.3. Insofar as the user sends texts, images, sounds and / or software to BD Technologies AG or leaves them on the website, the user transfers all intellectual property rights thereof to BD Technologies AG and therefore indemnifies BD Technologies AG against claims from third parties. BD Technologies AG is therefore entitled, among other things, to exploit these contributions commercially.

10.4. Should BD Technologies AG be informed of (alleged) infringing material or of (alleged) infringing links on the Website, then BD Technologies AG has the right, but not the obligation, to immediately remove this content or links.

To top

Article 11: Termination

11.1. The agreement with regard to the use of the services of the website between the parties is entered into for an indefinite period of time. The user has the right to stop using the service and delete the account at any time.

11.2. On the website the user can request to close their account. The user won't be able to access their account and are not able to receive any new messages. The option to have purchased credits refunded is mentioned in article 12. After 600 days all user data will be permanently deleted from the system.

11.3. The user can also request a GDPR deletion. This request need to be done via email. After deletion, all data and messages will be permanently removed. The user can therefore no longer claim any outstanding credits or refunds.

To top

Article 12: Reflection period

12.1. The user has the right to cancel the purchase of credits purchased through a credit pack within 14 days without giving reasons (the right of withdrawal). If the user uses the purchased credits and the associated services within these 14 days, the right of withdrawal will lapse. Refunds will be refunded by bank transfer payment method within 14 days after the user has made it known that they wish to make use of the right of withdrawal. In these cases, the user must always provide a bank account.

12.2. To exercise the right of withdrawal, the user must inform us of their decision to cancel their purchase by means of an unambiguous statement (e.g. in writing by post, fax or e-mail).

12.3. The user can use the enclosed model withdrawal form . To meet the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period of 14 days has expired.

12.4. If the user has requested to start the performance of services during the withdrawal period, they will pay an amount that is proportional to what has already been delivered at the time they have informed us that they are withdrawing from the agreement, compared to the full performance of the agreement.

12.5. In accordance with the law, the user may owe value compensation, if the user has nevertheless made use of the paid services, the user's right of withdrawal will lapse. The amount of the value compensation is determined based on the number of contacts established. The value compensation is limited to a maximum of three-quarters of the costs of the most popular credit pack, this will be deducted from the sum of the amount to be revoked.

To top

Article 13: Changes in price and general terms and conditions

13.1. BD Technologies AG has the right to change the (published) prices for the use of the Website, as well as the nature and content of the use of the Website, at any time and thereby to adjust the provisions of these general terms and conditions or more complete.

13.2. BD Technologies AG does not actively inform the user about changes to the general terms and conditions. The user must therefore regularly check whether they agree with the current general terms and conditions. If the user continues to use the Website after the effective date of the changes, the user indicates that they agree with the change(s) and has accepted them.

13.3. BD Technologies AG is not liable for any (direct and indirect) damage or consequences resulting from changes to the Website and the use thereof.

13.4. All disputes that arise between the user and BD Technologies AG will be submitted to the competent court in the district of Amsterdam, unless mandatory law stipulates that the dispute must be submitted to another court.

To top

Privacy statement:

This website is operated by BD Technologies AG. Privacy-sensitive data or personal data is processed on this website. BD Technologies AG considers the careful handling of personal data is of great importance. Personal data is therefore carefully processed and secured by us. BD Technologies AG adheres to the Personal Data Protection Act.

This means that in our processing, we take into account the requirements of privacy legislation .This means, among other things, that:

  • We clearly state the purposes for which we process personal data. We do this via this privacy statement;
  • We limit our collection of personal data to only the personal data necessary for legitimate purposes;
  • We first ask the user for explicit permission to process their personal data in cases where their permission is required;
  • We take appropriate security measures to protect their personal data and also requirements of parties that process personal data on our behalf;
  • We respect their right to provide, correct or delete their personal data at their request.
To top

Recording and processing of data:

Any information the user provide will be the responsibility of BD Technologies AG. In this privacy statement, we explain which personal data we collect and use and for what purpose. We recommend that the user read this carefully.

To top

Use of personal data:

When using our service, we obtain certain information from the user. This can be personal data. We only store and use the personal data that is provided directly by the user, in the context of the service the user have requested, or of which it is clear that they are provided to us for processing.

We use the following information for the purposes stated in this privacy statement:

  • Email address
  • Payment information
  • Gender
  • Their username
  • Their (profile) photos
  • Date of Birth
  • IP-address
  • Sexual preference and interests
To top

Register:

To be able to make full use of all services, the user must first register. The user must first register for certain parts of our service. After registration, we save the personal data the user provide via the username the user have chosen. We keep this information so that the user do not have to enter it every time and so that we can contact the user in the context of the execution of the agreement.

We will not provide the data linked to their username to third parties, unless this is necessary in the context of the performance of the agreement that the user conclude with us, or if this is required by law. In case of suspicion of fraud or abuse of our services, we can hand over personal data to the competent authorities.

To top

Access Portal:

With our portal, the user can access a management environment where the user can set, specific and change information theirself.

To top

Payments:

When the user make a payment with us, we use their personal data to process it. For proper payment processing, we use payment service providers who take care of the payment for the user through a secure environment. We only ask for the necessary information to make the payment. Their data will not be used for other purposes.

To top

Marketing:

In addition to the information on our website, we can also inform the user by e-mail about our personalised products and services. We may ask for their opinion by email to facilitate and improve services provided by BD Technologies AG.

To top

Contact form:

Through our services we offer the possibility to ask questions by means of a contact form, where the user are asked to fill in various information to deal with their question. The user choose which information the user provide. The data the user send us will be kept for as long as the nature of the form or the content of their e-mail is necessary for the complete answering and processing thereof.

To top

Publication:

When using our service, the following information is published so that it is visible to other members on the website:

  • Their username
  • Their gender and age
  • Their (profile) photo’s
  • The information provided by the user and about their interests and sexual preference.
To top

Advertisements:

Our website may display advertisements.

To top

Provision to third parties:

We can pass on their data to our partners. These partners are involved in the implementation of the agreement. These partners only use their data for the services of the website, including the handling of payments, taking care of the email service and content processing. A separate data processing agreement has been concluded with each separate partner to make agreements about the security and handling of our data.

To top

Processor agreement with third parties:

The following points are laid down in the processing agreement drawn up by BD Technologies AG with third parties:

  • The purposes of the data processing
  • What security measures are taken to protect their personal data
  • Dealing with the storage of personal data
  • The sub-processors who are engaged to provide our services

We have drawn up a processor agreement for the personal data that we process of our members. This is included in full in our privacy statement, in order to comply with accountability. This processor agreement only applies when we process personal data of our members. The data processing agreement automatically applies if no objection is made to these conditions.

To top

Secrecy and Confidentiality:

All personal data that our partners receive from us and that are included in the processor agreement is subject to a duty of confidentiality towards third parties. The processor will not use this information for a purpose other than that for which it has obtained it. This confidentiality obligation does not apply if providing the information to third parties is logically necessary in view of the nature of the assignment given and the implementation of the processor agreement, or there is a legal obligation to provide the information to a third party.

To top

Use of cookies:

BD Technologies AG uses cookies when offering this website to identify the user and thus make access to the site easier for the user. Cookies are also placed via third parties engaged by us.

When the user visit the website for the first time, a notice is displayed in which we explain why we use cookies. By continuing to use the website hereafter, we interpret it as consent to the use of cookies.

The user are free to disable cookies through their browser. Keep in mind that it is possible that our website will no longer work optimally.

We have made agreements with third parties who place cookies about the use of cookies and applications. However, we do not have full control over what the providers of these applications themselves do with the cookies when they read this.

To top

Click behaviour and Google Analytics:

Visitor data is tracked on the website to measure interest in the various parts of the website. As a result, the design of the website can be adapted to the interests and experiences of visitors.

We also use Google Analytics to keep track of how visitors use our website. We have entered into a processor agreement with Google to make agreements about the handling of our data. Furthermore, we have not allowed Google to use the obtained Analytics information for other Google services.

To top

Security:

We take security measures to limit misuse of and unauthorised access to personal data. In particular, we take the following measures:

  • Access to personal data is protected with a username and password
  • After receipt, the data is stored in a separate, protected system
  • We take physical measures to protect access to the systems in which personal data are stored
  • We use secure connections (Secure Sockets Layer or SSL) that protect all information between the user and our website when the user enter their personal data
  • We keep logs of all requests for personal data
To top

Retention periods:

The personal data described above will be kept for as long as necessary to process their orders, including warranty. Their data is also kept for statistical and data-driven purposes. Their data will be kept for a maximum of two years after registration. The data will then be deleted, unless there is a legal obligation that requires longer storage.

To top

Websites of third parties:

This privacy statement does not apply to websites of third parties that are connected to our website by means of links. We cannot guarantee that these third parties will handle their personal data in a reliable or secure manner. We recommend that the user read the privacy statement of these websites before using these websites.

To top

In person:

The user is not allowed to create a profile for others, transfer this and / or allow others to use the profile. If, for whatever reason, the user's data is no longer correct or complete, the user must adjust their data so that it is up to date again. If the user provides incorrect or incomplete information about themselves and if BD Technologies AG determines that the information provided is incorrect or incomplete, BD Technologies AG can terminate or suspend the account.

To top

Username and password:

User is fully responsible for keeping their username and password secret. The user alone is liable for the use of the account by third parties, regardless of how this access to the account is obtained. In the case of suspected abuse of the account, BD Technologies AG will immediately notify the user and has the right to remove user access.

To top

Third party information:

The user are not permitted to use the personal information of third parties that the user have available through the website for any purpose, including transferring this information to third parties or sending mailings to persons whose information the user have through the website. The user agree that the user will not distribute 'junk mail', 'spam', chain letters, 'mailings' or bulk distribution of email to entertainment profiles.

To top

Changes to privacy statement:

BD Technologies AG reserves the right to make changes to the privacy statement. It is recommended that the user consult this privacy statement regularly so that the user are aware of these changes.

BD Technologies AG is required by law to share their data with third parties in some cases. For example, the provision of data to competent authorities for a criminal investigation. Or about sharing data with copyright holders, for example for a judicial investigation into the violation of personality rights.

To top

Access and change their data:

For questions about this privacy statement or questions about access and changes to (or deletion of) their personal data, the user can contact us at any time using the information below.

The user can also send us a request to view, change or delete this data. The user can also submit a request to request a data export for data that we use with their consent or state with reasons that the user want us to restrict the processing of personal data.

In order to prevent abuse, we may ask the user to identify theirself adequately. When it comes to access to personal data linked to a cookie, the user must send a copy of the cookie in question. The user can find this in the settings of their browser. If the data is incorrect, the user can request us to change the data or have it removed.

To top

Last updated at 16-07-2021

Helpdesk:

Email: team@localflirt.co.uk
Tel: +44 (0)7418 313855

Localflirt.co.uk is property of:

BD Technologies AG

Address:

Baarerstrasse 82
6300 Zug
Switzerland

Registration number:

CHE‑443.976.147

VAT Number:

377155865

×