Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the https://www.moonlitmodels.com website (the "Service") operated by EKM Management Ltd ("us", "we", "our" or “Moonlit Models”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
You, the Performer/Agent, will remain a self-employed independent contractor in his or her relationship to EKM Management Ltd. EKM Management Ltd shall not be responsible for withholding taxes with respect to Performers/Agents commission earned. Performers have no claim against vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind, as you are not classed as an employee with EKM Management Ltd. EKM Management work in partnership with ICF Technology INC (Streamate Limited), and each performer will need to agree to their (Streamate Limited) companies' terms & conditions and supply Valid ID for ICF Technology INC to examine. EKM Management Ltd does not examine or store any Identification on its servers.
Moonlit Models reserves the right to change these terms at any point without any prior notice to our models.
Account
If you wish to apply to our service, you may be asked to supply certain information relevant to your account, including, without limitation, your full name, address, date of birth, phone number, email address, and password.
You, the Performer/Agent, are 18 years of age or older once submitting your application form with Moonlit Models. THIS IS THE MINIMUM LEGAL AGE TO USE OUR SERVICE.
When registering an account with Moonlit Models, you, the Performer/Agent, are automatically giving consent for us to use your personal information with our third-party companies (Streamate Limited) and for our own use. (See more at our Privacy Policy)
You, the Performer, MUST follow all network broadcasting rules when broadcasting over the network offered by (Streamate Limited). These rules can be found in your control panel within the Performer manual on your Streamate dashboard. If you fail to follow the network rules, your account may be removed from the network without any prior notice directly from Streamate Limited (ICF Technology INC).
Payments
All Performer/Agent payments are calculated in US Dollars ($) however note when Moonlit Models adds the users earning amount to your dashboard in Pound Sterling (GBP) against the current USD/GBP rate supplied to us by https://openexchangerates.org with 0.03 points deducted from the rate at the time of conversion which may vary. If you are a Performer outside of the UK, you may be subject to fees from your local bank.
Performers/Agents who are working for us outside of the United Kingdom should note that payments will only be sent using PayPal with a 2% processing fee capped to £50.00 – PayPal may also have their own terms of use and fees associated with their company.
Performers/Agents who have access to a UK bank account can be paid directly into their account or via PayPal.
All payments we send out are considered as a commission, which is received from our third-party partner (Streamate Limited) then passed onto you, the performer/agent.
The minimum payment threshold will be £10.00 with our service.
We reserve the right to hold any payments if, but not limited to, fraud or misuse is suspected.
You, the Performer/Agent, hold responsibility for the payment information given to us via your secure account area on your dashboard.
Performers are entitled to set their payment rates on their profile (Streamate). Performers don't earn the entire rate set up on their profile (Streamate fees). Moonlit Models reserves the right to change any performers' payments with written notice to the model without having to give an exact reason.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Content
Moonlit Models does not hold any content other than your application details as mentioned above on our secure servers.
Links To Other Websites
Our Service contains links to third-party partner websites (Streamate Limited) in order for you to use our service fully. These third-party websites or services are not owned or controlled by Moonlit Models (EKM Management Ltd).
Moonlit Models (EKM Management Ltd) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Moonlit Models shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Us
If you have any questions about these Terms, please contact us.
Privacy Policy
Moonlit Models (EKM Management Ltd) is committed to respecting the privacy of your personal information and data. This Privacy Policy explains our policy for dealing with personal information and data that we collect through various channels (hereinafter, the "Collection Channels"):
- Our online properties (hereinafter, each a "Website"), including the Moonlit Models Platform;
- Our websites, including but not limited to https://www.moonlitmodels.com and any related websites, social media pages, and internal websites;
- Any other means through which an individual provides personal information to Moonlit Models, whether physically or electronically; and
- Any other means through which we lawfully collect personal information about you.
You may contact us with any queries you may have regarding this Privacy Policy or your personal information by contacting Moonlit Models' privacy officer via email: support@moonlitmodels.com.
PERSONAL INFORMATION IS IMPORTANT TO US
i. We are committed to safeguarding personal privacy. We recognize that you have a right to control how your personal information is collected and used. Providing personal information is an act of trust and is taken seriously. Unless consent is given to do otherwise, we will only collect and use personal information as set out below.
ii. Throughout this Privacy Policy, we refer to your "personal information," which means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not. This includes your full name, gender, date of birth, home address, telephone number, email address, and password. Personal information may also include information we collect about your individual preferences.
iii. Moonlit Models has developed and implemented its Privacy Policy to reflect world best practice on privacy policies. These principles meet and exceed the requirements of the General Data Protection Regulation (GDPR) and other applicable data protection laws. Please refer to paragraphs 40 to 49 for additional information relating to the rights of European Union data subjects.
iv. In order to keep up with changing legislation and best practices, we may revise this Privacy Policy at any time without notice. We will post any changes to this Privacy Policy on our Websites, so we encourage you to check this Privacy Policy from time to time.
v. In addition to the provisions of this Privacy Policy, there may also be specific and additional privacy and consent provisions that apply to certain Collection Channels. Because those specific and additional provisions also relate to your privacy protection, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of this Privacy Policy and those other specific and additional provisions, the specific and additional provisions will prevail.
ANONYMITY AND PSEUDONYMITY
6. Where practicable, we will allow you to deal with us on an anonymous or pseudonymous basis. If this is practicable, our Collection Channels will only seek information in this way. However, where it is not practicable for the purposes for which information is collected, we will seek the information identified below. It will not be practicable to deal with you on an anonymous or pseudonymous basis when we wish to send you direct marketing materials or need to provide you with goods or services requested by you.
KINDS OF PERSONAL INFORMATION THAT MOONLIT MODELS COLLECTS AND HOLDS
7. Personal information that may be requested includes but is not limited to:
- Contact information such as your full name, date of birth, mobile telephone number, current and valid email address, residential address, postcode, and password.
- Your Twitter handles and login details, including usernames.
- Location information.
- Information regarding your education and qualifications.
- Financial details, including your bank account details and PayPal details.
- Your online behaviour and interests based on your online browsing activity.
- The contact details of third parties. If you are asked to provide details about other people, please ensure that these individuals are happy for their details to be given to Moonlit Models and used for the purposes set out in this policy (which may include using their details for marketing purposes).
- Any other personal information that you provide directly to us. Where you provide us with unsolicited personal information, we will retain this information where it falls within our primary purposes for the collection of personal information (as stated in this privacy policy).
8. When you use a Website, we may also collect personal information about you in the following general categories:
- Usage and preference information: we collect information about how you interact with a Website, including the pages you visit, your preferences, and settings that you choose. We may do this through the use of cookies and other similar technologies that uniquely identify you.
- Device information: we may collect information about your mobile device, such as the hardware model, operating system, preferred language, unique device identifier, and mobile network.
- Other information: we may also collect and log information such as your IP address, access dates and times, browser type, and pages visited when you interact with a Website.
SENSITIVE INFORMATION
9. We will only collect sensitive information with your consent and where you provide it to us directly. Where you provide us with any sensitive information (including, but not limited to, information about your sexual orientation, religious beliefs, medical and/or criminal history), we will only use this information for the purposes stated at the time of collection and will share this information with our trusted third parties in the manner stated on the Website or in this Privacy Policy.
HOW MOONLIT MODELS COLLECTS AND HOLDS PERSONAL INFORMATION
10. We will only collect or monitor any personal information about you with your consent, including as provided in this Privacy Policy or if it is otherwise lawful to do so. The only personal information collected by us is what has been provided to or collected by us in accordance with this Privacy Policy or has been provided to us lawfully by third parties, including social media platforms.
PASSIVE INFORMATION COLLECTION
11. As with many commercial websites and mobile and tablet applications, we may also collect information that tells us about visitors to our Websites. For example, we may collect information about the date, time, and duration of visits and which pages of a Website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing a Website. By accessing a Website via links in an email we have sent and/or by accessing a Website generally, including when you are logged into an account, you consent to the collection of such information where it is personal information.
12. As you navigate through our Websites, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as Unique Device Identifiers (UDI), cookies, Internet tags, or web beacons, and navigational data collection (log files, server logs, clickstream). In certain circumstances, this information may be considered anonymous information or personal information under the applicable data protection laws. Your Internet browser automatically transmits to the Website you are browsing some of this anonymous information or personal information, such as the URL of the website you just came from, the Internet Protocol (IP) address, the UDI (if applicable), and the browser version your device is currently using. Our Websites may also collect anonymous information or personal information from your device through cookies and Internet tags or web beacons. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of a Website might not work without cookies, and this may limit the services provided by a Website. Cookies and other technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf.
13. Our Websites may use and combine such passively collected anonymous information or personal information and/or information from various third-party sources, including as described above, and may combine this anonymous information or personal information with other personal information collected from you to provide better service to Website visitors and users, customise a Website based on your preferences, compile and analyse statistics and trends, provide you with relevant advertising when you visit a Website or a third-party website, and otherwise administer and improve a Website for your use. We may combine your visitor session information or other information collected through tracking technologies with personally identifiable information from time to time to understand and measure your online experiences and to determine what products, promotions, and services are likely to be of interest to you. By accessing a Website, you consent to information about you being collected, compiled, and used in this way.
PURPOSES FOR WHICH MOONLIT MODELS COLLECTS, HOLDS, USES, AND DISCLOSES PERSONAL INFORMATION
14. Personal information collected will be used for the following primary purposes:
1. For the purposes stated in a TOS to use our services with our third-party partners.
2. To maintain the functionality of a Website, including providing you with information relating to the content available on the Website.
3. To fulfil obligations in respect of any terms of use and/or any other contract between you and Moonlit Models.
4. To send you any technical, administrative, or legal notices important to our Websites.
5. To allow you to create an account, sign in, and use the functionality of our service.
6. To allow you to publish posts to your social media channels.
7. To facilitate payments to you.
8. To provide direct marketing materials, events, special offers, competitions, and promotions in person and via any medium, including mail, telephone, and commercial electronic messages (SMS, MMS, IM, email) or any other form of electronic, emerging, digital, or conventional communications channel.
9. To provide you with relevant advertising when you use our Websites or those of a third party.
10. To maintain our relationship with you.
11. To render services related to our company (such as support and inquiries).
12. To provide you with newsletters via mail and electronic newsletters (e-newsletters) via commercial electronic messages.
13. To respond to customer inquiries, complaints, and complaints handling.
14. To improve Website and system administration.
15. To obtain opinions or comments about products and/or services and to conduct other research and development.
16. To record statistical data for marketing analysis and to conduct market research.
17. To share personal information with our group companies, our promotional partners, trusted brands and their related bodies corporate and agents, and other trusted third parties in the manner described below.
18. Any other purpose may be deemed reasonably necessary by Moonlit Models in the circumstances.
15. We recognize the trust with which you provide personal information, and except as stated in this Privacy Policy or as is otherwise lawful, such information will not be used or disclosed for any other purposes without consent. However, Moonlit Models reserves the right to use or disclose any information, including personal information, as needed to satisfy any law, regulation, or legal request, to protect the rights or property of Moonlit Models or any member of the public, to protect the integrity of a Website, to fulfil your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.
CONTACT BY MOONLIT MODELS
23. Moonlit Models may contact you via telephone, SMS, MMS, IM, email, post, or any other form of electronic, emerging, digital, or conventional communications channel using the information provided in order to contact you in respect of the primary purposes for the collection of personal information as stated above.
24. Moonlit Models does not send advertising or marketing
information without obtaining prior consent, for example, the consent contained within this Privacy Policy unless this advertising is related to the main purpose for which the information was collected (as stated above), including products and services that we believe you might be interested in. If you are receiving communications from Moonlit Models and you no longer wish to receive these communications, please let us know by contacting us through one of the channels described below and we will remove your name from our mailing list. Your consent will be implied to receive direct marketing communications if you do not opt out when offered the opportunity to do so and will be deemed renewed for a period of two (2) years if you make an inquiry to Moonlit Models.
DIRECT MARKETING MATERIALS
25. We may send you direct marketing communications and information about our products, services, discounts, promotions, and special offers that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, MMS, IM, email, or any other form of electronic, emerging, digital, or conventional communications channel. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us (details below) or by using the opt-out facilities provided in the marketing communications. We will then ensure that your name is removed from our mailing list. We do not provide your personal information to other organisations for the purposes of direct marketing.
DISCLOSURE OF PERSONAL INFORMATION
26. We may share personal information with our group companies, our promotional partners, and trusted brands, their related bodies corporate, and agents and with third parties in the manner stated in this Privacy Policy and for the following purposes:
- For the purposes set out in this Privacy Policy.
- To provide the services you have requested from Moonlit Models.
- As part of the functionality of a Website (for example, we may publish your posts to social media platforms).
- As part of your relationship with a third party (for example, we may provide your personal information to a bank if you have a banking relationship with that bank).
- For administrative purposes, including sharing personal information with our group companies and their directors, officers, and employees.
- For the purpose of research and analysis (including market research).
- To promote and market products and services to you (unless you contact us and request us not to).
- To manage and enhance our products and services.
- To manage and resolve any legal or commercial complaints or issues.
- To assist with any calls you make to us.
- As part of the functionality of a Website or other services that you have accessed.
27. We may use or disclose personal information to organisations outside Moonlit Models for purposes relating to the management of your account with us. Such organisations include:
- Service providers who manage the services provided to you.
- Marketing research companies.
- Our professional advisers, including our accountants, auditors, and lawyers.
- Government and regulatory authorities and other organisations, as required or authorised by law.
- Our related companies.
- Credit-reporting and fraud-checking agencies.
- Credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision, and financing).
28. Where we disclose your personal information to third parties for these purposes, we will request that the third party follow this Privacy Policy regarding handling personal information. The third party will only be able to use your personal information to provide the services for which we engaged them and not for other purposes.
DIRECT MARKETING AND YOUR PRIVACY
29. We do not disclose personal information for the purposes of direct marketing unless you have provided your consent for such disclosure. If you do not want to receive promotional information from us or our promotional partners, you can do so by contacting us (details below). Once we receive your instruction, we will remove your contact details from our distribution lists. Please allow 28 days for this process to be completed. You can also use the unsubscribe feature that we include in our electronic newsletters (e-newsletters).
OUR WEBSITES AND COOKIES
30. We use cookies to personalise your experience on a Website or to support one of our promotions and services. The cookies that we use may be either persistent or temporary. By using a Website, you agree to us placing these sorts of cookies on your device and accessing them when you visit a Website in the future. If you want to delete any cookies that are already on your computer, please refer to the help and support section on your Internet browser for instructions on how to locate the file or directory that stores cookies. If you want to stop cookies from being stored on your computer in the future, please refer to your browser manufacturer's instructions by clicking "Help" in your browser menu. Further information on deleting or controlling cookies is available at www.aboutcookies.org. Please note that by deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of a Website.
31. We use cookies for the following reasons:
- To analyse the use of a Website (using analytics software, including but not limited to Google Analytics).
- To improve the Website's usability.
- To administer the Website.
- To personalise a Website for each user.
- To improve the security of a Website.
- To target our marketing and advertising campaigns more effectively by providing interest-based advertisements that are personalised to your interests.
SECURITY OF PERSONAL INFORMATION
32. Moonlit Models will take reasonable steps to protect personal information it holds from misuse, loss, unauthorised access, modification, or disclosure.
ACCESS TO PERSONAL INFORMATION
33. You may request details of personal information that Moonlit Models holds about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information that Moonlit Models holds about you, please contact Moonlit Models' privacy officer via email: support@moonlitmodels.com. Moonlit Models may refuse to provide you with information that it holds about you, in certain circumstances set out in the Privacy Act.
COMPLAINTS ABOUT PRIVACY
34. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to Moonlit Models' privacy officer via email: support@moonlitmodels.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
CHANGES
35. Please be aware that we may change this Privacy Policy in the future. We may modify this Privacy Policy at any time, at our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our Websites or notice board. Please check back from time to time to review our Privacy Policy.
WEBSITE TERMS OF USE
36. Your use of a Website is also governed by our Website Terms of Use, as well as this Privacy Policy.
CONTACT DETAILS
37. If you have any questions or feedback about privacy, or the way in which we handle your personal information, please contact Moonlit Models' privacy officer via email: support@moonlitmodels.com.
EUROPEAN UNION DATA SUBJECTS
38. In accordance with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), if you are an individual protected by the GDPR and would like to exercise your rights under the GDPR, including the right to access, rectify, or erase your
personal data, please contact Moonlit Models' privacy officer via email: support@moonlitmodels.com. Please note that we may ask you to provide additional information to verify your identity before fulfilling your request.
18 U.S.C. 2257 and 2257A Record-Keeping
We uphold compliance with the U.S.C. Title 18, Sections 2257 and 2257A, along with associated regulations. All individuals depicted in any visual depiction of real or simulated sexually explicit conduct on this website were 18 years of age or older during the creation of such content. Records stipulated by U.S.C. Title 18, Sections 2257 and 2257A, are stored and managed by EKM Management Limited.
This Privacy Policy was last updated on 25/08/2023
