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New Performance Group LTD takes your privacy very seriously, treats all your personal information with great care, and assures you that your personal data will only be used in accordance with this Privacy Policy. This Privacy Policy sets out how New Performance Group LTD uses and protects any information that you provide New Performance Group LTD when you use our website and our services. In short, we use your personal data to offer you our services, to get in touch with you, to inform you about our service and to be able to make you personal offers. If you have questions regarding the use of your personal data please contact us through supp23@kontaktalk.com
If you have any questions related to data protection, or if you wish to exercise your rights, please contact supp23@kontaktalk.com or the address stated above, adding the keyword “Data Protection”.
Support requests via supp23@kontaktalk.com as well as email attachments will not be opened/considered due to security regulations.
New Performance Group LTD provides a service by means of a platform (“Platform”) where users can get in touch and communicate with each other through messages. The services of New Performance Group LTD are provided by: New Performance Group LTD, 1st Floor, The Exchange, 18 Cybercity, Ebene, Mauritius, 129712.
New Performance Group LTD is responsible for the manner in which your personal data is being collected, used and stored.
We will process personal data which you transfer to us actively by your entries. Additionally, we will process personal data in an automated way, based on the use of our service. Particularly in the cases stated below your personal data may be processed.
For details, please refer to the following explanations.
As soon as you visit our website, the company we have entrusted with the website’s operation will store the public IP address of the computer you are using to visit our website. This includes the access date and time. The IP address is a unique numeric address, through which your computer sends and receives data via the internet.
Usually, neither we nor our service provider will know whom the IP address belongs to, unless you provide us with any data permitting us to identify you while using our website. Also, a user can be identified if we take legal action (in cases of cyber-attacks on our website, for instance) and are informed of the user’s identity during the process of investigation. So as a general rule, you will not have to worry we will be able to draw a connection between you and your IP address.
Our service provider is using the IP address to enable you to visit and use our website, and to discover and prevent attacks on our websites. Unfortunately, websites are attacked frequently, in order to harm the operators and users (for example blocking the access, spying on data, distributing malware like viruses or other illegal purposes). Such attacks would adversely affect our website’s intended use as well as the security of our website’s visitors.
The IP address, along with the visit’s time, is being processed to prevent such attacks and potential dangers resulting from them for ourselves and for our website’s users. Via our service provider we are pursuing the justified interests of maintaining our business operations as well as of preventing unlawful interference affecting ourselves or our website’s visitors.
The legal basis of this processing activity is article 6 paragraph 1 f) of the General Data Protection Regulation (GDPR). The stored IP data will be deleted by de-personalization, provided they are no longer necessary for the purpose of identifying or preventing attacks.
Whenever you contact us via one of the ways of contact provided, we will make use of the data provided by you to process your inquiry. You can contact us by using the contact form on the Platform. In this contact form we ask you to provide us with the following information: name, email address and message. We use this information to reply to your questions, request and complaints.
The legal basis for this is our justified interest in replying to your request according to article 6 paragraph 1 f of the General Data Protection Regulation (GDPR). If your request is serving the purpose of concluding or processing a contract with us, the additional basis of the processing activity is article 6 paragraph 1 b of the General Data Protection Regulation (GDPR). The data will be deleted after your request has been completed. In cases in which we are obligated by law to store the data for a longer period, they will be deleted after the expiry of this period.
In order to make use of our Platform, you need to create an account. To create your account we ask you to provide us with your name, email address and password. This information is mandatory. You can also add extra information, such as your profile picture, telephone number, location, gender, age, date of birth, physical characteristics, relationship status and sexual orientation or flirt preferences. Your extra information is saved in your account and you can update or delete this information at all times. Furthermore, this extra information may qualify as special category of personal data which we only process based on your consent. You are at all times entitled to withdraw your consent by sending an email to supp23@kontaktalk.com. Please be advised that if your messages to users of the Platform contain (special) personal data, we process that data in order to provide you the service.
To use all of our offer’s functionalities, you need to create a customer account. Apart from the information required during the registration process, all other personal information will be provided voluntarily. You alone decide what information you would like to include in your user profile. You can edit or delete your data at any time. The more information you provide, the higher are the chances for other users to find you and recognize mutual interests you share with them. As our website is accessible for everyone via the internet, all the information provided by you will be public.
If you do not provide any data permitting us to identify you (such as your mobile number), you can use our service without us knowing who you are. If you buy coins, you will have to provide your name and your address, but only our payment service provider will receive this data, which they will not forward to us. Accordingly, you will be able to use our service anonymously.
If you create a customer account and add information to your profile, we are processing the data provided by you for this purpose, to create and administrate your customer account, as well as to enable you to make use of the services related to your customer account. Additionally, the data will be used for our service and made accessible to other users, in accordance with their intended purpose (for example searching for specific inclinations and interests, match checks to identify mutual interests and preferences). The legal basis of this processing activity is article 6 paragraph 1 b) of the General Data Protection Regulation (GDPR).
During the process of creating a user account, we will be able to identify your approximate location, based on your IP address. We will use this to pre-enter this location in your user profile, which you can change. This is done to ensure that the members of our service will use the correct location for local searches and thereby – unless they adapt the location – will find other members. The legal basis of this processing activity is article 6 paragraph 1 f) of the General Data Protection Regulation (GDPR).
The data will be stored until the customer account is deleted. In cases in which we are obligated by law to store the data beyond this event (to fulfill accounting obligations, for instance), or if we are legally entitled to store the data beyond this event (in case of a current lawsuit against the user account owner, for instance), the data will be deleted as soon as the obligation or the legal authorization to store the data ceases to exist.
For an easier signup to our service you can use the corresponding services by Google and Facebook. In this case, your account with the respective provider will also serve as an access to our service. For the use of these services, the data privacy policy of the corresponding provider applies in the first instance (data privacy policy Google as well as Facebook) as well as any additional agreements you have consented to as a customer of Google or Facebook. Regarding this, please refer to the corresponding data privacy policies of Google or Facebook and check the agreements you have consented to in connection with these contracts or separately.
The corresponding provider will transfer the following personal data regarding you, which we will store in your customer account and process as stated under „Customer Account“.
Google:
Facebook:
The legal basis of this processing activity is article 6 paragraph 1 a) of the General Data Protection Regulation (GDPR), as you are agreeing to the data transfer by using the corresponding service.
If you add any data to your profile, or otherwise communicate any data to us for processing, which could be considered to be data of special categories within the meaning of article 9 of the General Data Protection Regulation (GDPR) (for example ethnic origin, religious or ideological conviction, data referring to sexual life or sexual orientation), we will process them on the sole basis of your voluntary indications and use them for no other purpose than providing the functionalities of our service, for which these data will be accessed and used.
This involves the public indication of these data in relation to your customer account for other users of our service, public search functions for users, match checks and all other functionalities of which it is recognizable to you as a user that these data are being used for them. If you do not wish this to be done, please do not add any data of the nature defined in article 9 of the General Data Protection Regulation (GDPR) to your user profile and do not communicate any such data to us or to other users.
As a part of our contractual services we are offering our users the option of sending and receiving chat messages. The legal basis of the corresponding processing of personal data is article 6 paragraph 1 b) of the General Data Protection Regulation (GDPR). The corresponding messages will be saved until you have them deleted, provided we are neither legally obligated nor entitled to continue the storing.
In order to be able to suggest other users of our service in your neighborhood, we will calculate your position via your browser. To enable this, you need to share your position on your browsers corresponding question. The legal basis of this processing activity is article 6 paragraph 1 a) of the General Data Protection Regulation (GDPR). You can disable the sharing of you position at any time by adapting your browser settings accordingly.
We are using Google Maps, a service by Google LLC („Google“), Amphitheatre Parkway, Mountain View, CA 94043, USA to auto-complete your search for a city as well as to localize your position, if you have agreed to this in your browser. When this function is called, your IP address will be transferred to Google. The IP address is a unique numeric address, by which the respective computer sends and fetches data via the internet. For this, Google’s data privacy policy applies, which can be accessed at https://www.google.com/policies/privacy/.
Our justified interest in using Google Maps is supporting our website’s visitors in entering a desired city name (The legal basis of this processing activity is article 6 paragraph 1 f) of the General Data Protection Regulation (GDPR)) as well as your constantly revocable consent to the localization serving the purpose to suggest users in your area (The legal basis for this processing activity is article 6 paragraph 1 a) of the General Data Protection Regulation (GDPR)).
In order to gain full access to the Platform, which among other things includes the option of sending and receiving messages, you need to buy credits. For this purchase we process your payment details which include your phone number. In order to process your payment, you will be transmitted to the website of your bank, credit card company or other payment provider. You will be transferred back to the Platform once you have completed your payment.
If you purchase coins, we will process the data provided by you to conclude and process the contract. To the necessary extent, data will be transferred to service providers to invoice your purchase, or the data will be collected and processed by these service providers. The PayPal data privacy policy, accessible via https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=en applies for all transactions made via PayPal. The legal basis for this processing activity is article 6 paragraph 1 b) of the General Data Protection Regulation (GDPR).
We will also process these data in connection with your IP address to identify and prevent fraud attempts, on the basis of article 6 paragraph 1 f) of the General Data Protection Regulation (GDPR). Thus, we are pursuing the aim to protect ourselves from fraudulent transactions.
Data stored in connection with the conclusion of a contract concerning the purchase of a product will be deleted on expiration of the legal retention obligation. In cases in which legal record keeping requirements and retention obligations exist (for example retention of invoices according to tax legislation), the legal basis for this processing activity is article 1 paragraph 1 c) of the General Data Protection Regulation (GDPR). We will delete or de-personalize the data as soon as they are no longer necessary for the processing of the respective contract and any legal retention obligation has ceased to exist.
On your registration for our offer, we have informed you that we will make use of your e-mail address to send out our newsletter. You can object to this use at any time, which will result in you being deleted from our email list. You will find a corresponding link at the end of each newsletter.
We are using cookies for the purposes stated below:
Most of the browsers employed by our users permit their settings to be adapted, concerning which cookies are to be saved. They also permit to delete (specific) cookies. If you are restricting cookies to be saved on specific websites, or if you are declining cookies from third party websites, you might not be able to make use of our website in its full extent. Below please find some information concerning how to adapt the cookie settings with the most frequently used browsers:
This website is using Google Analytics, a service by Google LLC („Google“). The use is based on article article 6 paragraph 1 subparagraph 1 letter f) of the General Data Protection Regulation (GDPR). https://support.google.com/analytics/answer/6004245?hl=en.
Google Analytics is making use of so-called „Cookies”, which are small text files, which are stored on your computer, and which permit an analysis of your use of the website. The information regarding your use of the website created by the cookie, such as
will usually be transferred to one of Google’s servers within the USA and stored there. The IP address transferred via your browser within the framework of Google Analytics will not be brought together with any other data by Google. The way we use Google Analytics ensures that your IP address will be used in a de-personalized way only. According to Google’s statement this de-personalization will be done within the European Union or within a member state of the European Economic Area. It will only be in exceptional cases in which the complete IP address shall be transferred to one of Google’s servers within the USA and only be abbreviated at that point. According to Google’s statement the de-personalization will be done before the IP address will be stored initially on a permanent data medium. For details, please refer to Google’s privacy policy, accessible via https://support.google.com/analytics/answer/6004245?hl=en.
On behalf of this website’s operator Google will make use of these data to analyze the website’s use, to create reports about the website activities and to perform other services related to the website’s and the internet’s use for the website’s provider. You can prevent the saving of cookies by adapting your browser software settings. We would like to point out that in this case you may not be able to make full use of all the functionalities of this website.
Additionally, you can prevent the registration of data created by cookies and related to your use of the website (including your IP address) by Google as well as the processing of these data by Google by downloading and installing the browser plugin available via this link: https://tools.google.com/dlpage/gaoptout?hl=en.
Google is a member of the PrivacyShield Agreement and has concluded an order management contract with us for Google Analytics.
Additionally, we are using Google Analytics to evaluate date from double-click-cookies and AdWords for statistic purposes. If you do not wish this to be done, you can deactivate it via the ads preferences manager (http://www.google.com/settings/ads/onweb/?hl=en).
Please refer to Google Analytics Help for further information related to Google Analytics (https://support.google.com/analytics/answer/6004245?hl=en).
On the basis of the personal information collected by New Performance Group LTD a profile is created. Based on this profile, we try to tailor our offers to you as well as possible. These offers are sent to you by email.
For this we use:
This use of your personal data is based on your consent. If you no longer wish your information to be used for this purpose, you can withdraw your consent by sending an email to supp23@kontaktalk.com
New Performance Group LTD wishes to deliver services of the highest quality. In order to accomplish this New Performance Group LTD needs to perform statistical research. Based on the outcome of the research we can make adjustments to our services and/or the Platform. New Performance Group LTD uses your personal data for this statistical research. The results of the research are always aggregated. This means that the data in the research results can no longer be traced back to you.
New Performance Group LTD requires certain information in order for the Platform to work as optimal as possible (for example, to display content correctly and to keep the Platform secure). That is why we collect automatically generated data on your use of the Platform. This information consists of:
We will not provide your personal data to third parties without your consent, unless the following cases apply:
We provide your personal data to (sub)processors (inter alia the hosting party and entities that employ the people that reply to your messages) which may process personal data under the responsibility of New Performance Group LTD. New Performance Group LTD assures that it has contractually guaranteed that these (sub)processors will not process data outside the scope of this Privacy Policy, and that technical and organizational measures are taken to safeguard your personal data against (inter alia) unintentional loss or destruction or damage of your personal data.
We may provide your personal data to any third parties if you have explicitly consented to the transfer for these parties to process your personal data, and/or insofar as this information cannot be traced back to you.
We may provide your personal data to third parties in case we are obligated to do so under applicable law and/or regulations, as a result of a lawsuit and/or if we believe that this is necessary to protect our rights.
We will process your personal data for the following purposes and on the basis of the following legal grounds:
| Purpose | Legal basis | |
|---|---|---|
| Account & Message | To provide the Platform and its functionalities to you and to bring you in contact with profiles that match your preferences. | The processing is necessary for the performance of a contract to which you are party. In case special categories of personal data are being processed, the processing is based on your consent. |
| Contact form | To answer any questions and / or to be able to contact you. | The processing is necessary for the purposes of the legitimate interests pursued by New Performance Group LTD. in order to provide its (customer) services to you. |
| Newsletter | To subscribe you to our mailing list and send you updates on our service. | The processing is necessary for the purposes of the legitimate interests pursued by New Performance Group LTD in order to send you the newsletter to which you subscribed. |
| Personal offer | To send you personal offers | The processing is based on your consent. |
| Statistical research | to generate statistical data and to (anonymously) use this data for research purposes. | The processing is necessary for the purposes of the legitimate interests pursued by New Performance Group LTD in order to provide the website as user friendly as possible and to improve our services. |
| Automatically generated information | To secure, adjust and improve the Platform. | The processing is necessary for the purposes of the legitimate interests pursued by New Performance Group LTD namely for information security. |
| Third party disclosure | To provide information about you to third parties and/or to give access to third parties to information about you, providing, this is necessary for the execution of the services; you have given your consent; or this is necessary based on law and/or regulations, as a result of a lawsuit and/or if it is necessary to protect our rights. | The processing is necessary for the performance of a contract to which you are party; you have given consent to the processing of your personal data for this purpose; the processing is necessary for compliance with a legal obligation to which New Performance Group LTD is subject. |
New Performance Group LTD is committed to ensuring that your personal data is secure. In order to prevent unauthorised access or disclosure, New Performance Group LTD takes appropriate technical and organizational measures to protect your personal data against loss or any form of unlawful processing.
Furthermore, if personal data is stored outside the EEA, New Performance Group LTD ensures that this storage is in accordance with the law and that an adequate level of protection is guaranteed. New Performance Group LTD has signed the EU Model Clauses with these parties and / or the transfer of data is based on the EU-US Privacy Shield.
The Platform may contain hyperlinks which take you to the website or application of a third party, such as social media sites. New Performance Group LTD has no authority over those third party services and/or websites. For the use of those services and/or websites of third parties a separate privacy statement might be applicable. This Privacy Policy is exclusively applicable to personal data that is obtained through the Platform. New Performance Group LTD does not accept any responsibility or liability for the (use and/or content of the) services and/or websites of third parties.
New Performance Group LTD will store your personal data as long as necessary to perform the purposes of processing as stated in this Privacy Policy.
Under the privacy legislation, you have a number of rights as a data subject. This chapter of the Privacy Policy states these rights and how you can invoke these rights.
New Performance Group LTD will try to respond to your request as soon as possible, but in any case within four (4) weeks. If New Performance Group LTD needs more time, New Performance Group LTD will inform you of this. In no case New Performance Group LTD will respond to you later than two months.
Your requests can be sent to supp23@kontaktalk.com. Please use the email address known to us so we can identify you. In order to ensure that the information you request is actually yours, we may ask you to send a valid proof of identity.
If New Performance Group LTD cannot (fully) determine to which personal data your request relates, New Performance Group LTD can ask you to (further) specify your request. The possibility exists that New Performance Group LTD rejects a request from you, for example because your request is unfounded or excessive or because New Performance Group LTD (legally) cannot or does not have to comply with your request. New Performance Group LTD will also notify you of a rejection. New Performance Group LTD informs you that you can, in case New Performance Group LTD rejects your request, file a complaint with the Competent Data Protection Authority.
According to article 15 of the General Data Protection Regulation (GDPR) you have the right to demand a confirmation from our side, stating whether we are processing personal data concerning you. If that is the case, you are entitled to intelligence about these personal data and to further information, as stated in article 15 of the General Data Protection Regulation (GDPR).
According to article 16 of the General Data Protection Regulation (GDPR) you are entitled to demand of us to rectify any incorrect personal data concerning you with no delay. With regard to the processing purposes you are also entitled to demand incomplete personal data to be completed – also by an additional statement.
You have the right to demand of us to delete your personal data with no delay. We are obligated to delete any personal data immediately, if the relevant conditions according to article 17 of the General Data Protection Regulation (GDPR) are met. For details, we would like to refer you to article 17 of the General Data Protection Regulation (GDPR).
According to article 18 of the General Data Protection Regulation (GDPR) you are entitled to demand of us to limit the processing of your personal data, provided certain pre-conditions are met.
According to article 20 of the General Data Protection Regulation (GDPR) you are entitled to receive your personal data you have provided to us in a structured, established and machine-readable format. You are also entitled to transfer the data to another responsible party without any hinderance from our side, provided the processing is based on any agreement based on article 6 paragraph 1 letter a, or article 9 paragraph 2 letter a, or on a contract according to article 6 paragraph 1 letter b, and the transfer is done via automated tools.
According to article 21 of the General Data Protection Regulation (GDPR) you are entitled to object against your personal data’s processing based on article 6 paragraph e or f of the General Data Protection Regulation (GDPR). This does also apply for profiling based on these regulations.
If we are processing your personal data for direct advertisement, you have the right to object to the processing of your personal data for the use of such advertisement at any time. This does also apply to profiling, if it is connected to such advertisement.
If you would like to exercise any of the rights you are entitled to, please contact us as the responsible party via the contact data given above, or use any of the other ways of contact provided to notify us. If you have any questions regarding this, please contact us.
According to article 77 of the General Data Protection Regulation (GDPR) you are entitled to the right of appeal to the supervisory authority without prejudice to any wider administrative or judicial remedy. This right applies particularly within the member state of your abode, of your working place or of the suspected contravention, if you consider the processing of your personal data to be a violation of the General Data Protection Regulation (GDPR).
This Privacy Policy may be amended from time to time. The amendments will be published on the Platform. Should any material change be executed, you will be informed of such change.
In case you have any complaints or questions with regard to this Privacy Policy and the manner in which New Performance Group LTD processes your personal data, you have the right to report this via supp23@kontaktalk.com. In case you and New Performance Group LTD are not able to resolve your complaint(s) with regard to the aforementioned data processing, you are also have the right to file a complaint to the competent Data Protection Authority.
Updated: January 2019The following Terms and Conditions govern the relationship between New Performance Group LTD, 1st Floor, The Exchange, 18 Cybercity, Ebene, Mauritius (hereinafter "New Performance Group LTD") and the users and customers of its telemedia Services (hereinafter "User"). They define the conditions under which the use of the Services offered by kontaktalk.com (hereinafter "Platform"). These Conditions of Use constitute a legally binding agreement between you and New Performance Group LTD in relation to your use of the Platform and the Website. If any of the aforementioned documents contain anything that you are not willing to agree to then you should not use the Platform or the Website.
In these Conditions of Use, the capitalised terms set out below have the following meaning:
Account: the personal environment of the User within the Platform on which the User can place personal information and preferences, granting him access by means of his Login Details and which Profile is visible to other users of the Platform;
Message: the digital, secured communications that can be exchanged between the User and other users of the Platform if he has full access to the Platform and which communications are visible for the User in his Account;
Content: all material published and sent on the Platform by the User from time to time, including but not limited to the Profile, Messages and other material;
Service: the Entertainment service provided to the User by New Performance Group LTD
Login Details: the combination of username and password, given by the User, giving the User access to the Account and enabling him to use the Platform;
Intellectual Property Rights: all intellectual property rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, databank rights and neighbouring rights, as well as domain names and knowhow; and related rights
User: the natural person who created an Account, who has accepted these Conditions of Use and who can therefore use the Platform;
Conditions of Use: these conditions of use of kontaktalk.com, which form a binding agreement between the User and New Performance Group LTD;
Party/Parties: New Performance Group LTD and/or the User;
Platform: the software application which has been developed by New Performance Group LTD, which can be accessed via the Website and which can be used by the User after the latter has created an Account;
Privacy Statement: the privacy statement of New Performance Group LTD, which can be consulted on this website;
Website: the website of New Performance Group LTD, as well as all underlying pages, via which domain the User can gain access to the Platform;
By creating an account on Platform or by using the Platform app, whether with a mobile device, a mobile application or a computer (collectively, the "Service"), the User agrees to the following Terms of Use.
New Performance Group LTD may make changes to this Agreement and the Service from time to time. We may do this for a variety of reasons, such as to reflect changes in laws or regulations, new functions, or changes in business practices. The most current version is always the valid version. If the changes include significant changes that affect your rights or obligations, we will provide you with reasonable notice of those changes, by way of messages via the Service or by e-mail, for example. If you continue to use the Service after the changes take effect, you agree to the revised Agreement.
If any provisions of the Conditions of Use are null and void or are declared void, the other provisions of the Conditions of Use will remain in full force. New Performance Group LTD will replace the void or voided provisions with new provisions, duly observing the objective and purport of the void or voided provisions as closely as possible.
Access to the New Performance Group LTD database and Services is granted after the User has registered. During registration, a password and pseudonym specified by the User is used. Registration requires the User to enter an e-mail address or phone number and completely fill in the registration form.
As an alternative, the User is offered a connect function from third-party providers (e.g. Facebook Connect). When registering via the connect function of a third-party provider, the respective profiles of the User are transferred to the New Performance Group LTD database. When registering via the connect function of a third-party provider, the User must accept the respective terms and conditions of the third-party provider.
New Performance Group LTD enables Users to access a central database system via its mobile application. This database system contains profiles and information about other Users. After registering and creating their own profile, Users have the option of searching for other profiles in the database. Users can view the profiles of other Users and contact them. In addition, New Performance Group LTD offers access to data from a selection of Users as part of its access to the database system. The content, type and duration of the data material provided and transmitted by the respective User is the sole responsibility of the User.
New Performance Group LTD provides both free and paid Services. With the free registration, the User can create a profile, view the profiles of other Users and read messages from other Users. Likewise, a User can tag the profiles of other Users free of charge. If two Users tag each other's profile, this is shown to both Users. This is a so-called match.
In addition to the free Services listed above, the User is offered to contact other Users and write messages to them for a fee. Before these Services are provided, the User is informed of the costs, content and scope of the Services as well as the price and terms of payment.
It is not the objective of the Service to establish real-life contact between the User and other users of the Platform. New Performance Group LTD therefore cannot guarantee in any way that such contact can indeed be established via the Platform. To facilitate user interaction New Performance Group LTD uses paid moderators. This is not a hookup service. The point of service is for entertainment purposes only.
Use of the Service is permitted only for Users who have reached the age of 18. By accepting these Conditions of Use and using the Service, you confirm that you are at least 18 years of age. If the User has not yet reached that age, if he cannot agree with the content of the Platform and/or resides outside the geographical area on which the Service focuses, the User must immediately stop using the Service and terminate his Account. If the User acts in violation of this article, New Performance Group LTD has the right to immediately remove the User's Account, without refunding Credits of the User.
New Performance Group LTD explicitly reserves the right to create profiles on the Platform and to send messages to the User on behalf of these accounts. By accepting these Conditions of Use, the User understands and accepts that some of the profiles on the Platform are therefore fictitious and they have been created only to exchange Messages with; real-life meetings are not possible for such Accounts.
New Performance Group LTD makes every effort to provide the Service in a prudent and professional manner. The Service is at all times provided on the basis of an obligation to use best endeavours. The User therefore accepts that the Platform only contains the functionalities and other properties as he finds them on the Platform at the time of use (on an "as is" basis). New Performance Group LTD therefore explicitly excludes explicit and implicit guarantees, promises and indemnifications of any nature with regard to the Platform and the Website.
To use the Platform, the User must have the necessary hardware equipment and software and the necessary parameters required to properly use the website, for example access to the internet. Users are also advised to have JavaScript functions, cookies and pop-ups enabled. Although we are working to ensure that the Platform is compatible across various devices, we cannot guarantee that it will work on all devices and it is your responsibility to ensure that you are able to comply with all necessary system requirements. Your use of the Platform and enjoyment of its features and Content hosted or made available through it may vary in functionality, availability and quality depending on the type of device you use.
The User is at all times personally responsible for keeping his Login Details secret and the User is liable for all use made via his Login Details. As soon as the User knows or has reason to believe that his Login Details are held by unauthorised persons, he must notify New Performance Group LTD accordingly by contacting support, without prejudice to his own obligation to immediately take effective measures, such as changing his Login Details.
The User is explicitly not permitted to create an Account in someone else's name or to create a fictitious Account. New Performance Group LTD has the right to immediately remove such Accounts.
It is forbidden for the User to post contact details such as phone numbers, addresses, family names, URLs, e-mail addresses or other personal information. New Performance Group LTD reserves the right to reject, modify, or delete any profile.
Minors and persons acting on behalf of a third party are excluded from using New Performance Group LTD's Services. If New Performance Group LTD has reason to suspect that a person is not entitled to participate, New Performance Group LTD shall be entitled to verify the person's personal data by validating their identity by requesting official documents. Users who are not entitled to participate are excluded from using New Performance Group LTD's Services and the database.
By creating an account and by using the Service, the User declares and guarantees that:
Use of the Service is permitted only for Users who have reached the age of 18. By accepting these Conditions of Use and using the Service, you confirm that you are at least 18 years of age. If the User has not yet reached that age, if he cannot agree with the content of the Platform and/or resides outside the geographical area on which the Service focuses, the User must immediately stop using the Service and terminate his Account. If the User acts in violation of this article, New Performance Group LTD has the right to immediately remove the User's Account, without refunding Credits of the User.
The User is explicitly not permitted to create an Account in someone else's name or to create a fictitious Account. New Performance Group LTD has the right to immediately remove such Accounts.
New Performance Group LTD always strives to improve the Service and provide Users with additional functionalities that they find appealing and useful. This means that from time to time New Performance Group LTD will introduce new product features or enhancements and remove some features, and if these measures do not materially affect the rights or obligations of Users, New Performance Group LTD may do so without prior notice to Users. New Performance Group LTD may even suspend the Service altogether, in which case New Performance Group LTD will notify Users in advance unless mitigating circumstances, such as security concerns, prevent this.
In addition to the free Services, New Performance Group LTD offers the User various fee-based Services and benefits. With each individual use of these Services, the User enters a new contractual relationship with New Performance Group LTD. Each use of a Service constitutes a new contractual relationship. These Services are completely detached from the free use of the New Performance Group LTD database system. The individual contracts do not constitute subscriptions. The contract is concluded by the User selecting the chargeable Service and accepting the payment obligation by pressing the "Buy" button (hereinafter: Order Process). The Services subject to charges are also subject to local terms and conditions.
If the User violates these General Terms and Conditions, New Performance Group LTD may terminate the membership at any time without notice and the User's account will be deleted.
The User is not permitted to use content published on the Platform by other users, such as their profiles or messages, in a way that is not in line with the objective set out in Article 3.2 and/or for use other than personal use.
The User understands and accepts that the Content he publishes on the Platform can be seen by other users of the Platform and that it can be used by these users and New Performance Group LTD does not accept any liability for such use.
The User is never permitted to publish or otherwise distribute content via the Platform, which content i) infringes or may infringe the rights of New Performance Group LTD, other users of the Platform and/or a third party, including Intellectual Property Rights and rights in the field of privacy, ii) contains illegal content or refers to such content, iii) may harm the reputation of New Performance Group LTD, iv) contains content of a defamatory, insulting, obscene, hurtful or violent nature, or otherwise is in violation of prevailing standards of decency, this at the discretion of New Performance Group LTD, or v) is otherwise unlawful. The User is personally and fully responsible for all damage ensuing from violating this guarantee.
This Website or Service is for adult entertainment purposes; it is not our aim to bring physical appointments/contact between members. User is aware and agrees that we may use moderated and fictive profiles for online adult entertainment purposes. New Performance Group LTD expressly reserves the right to send messages to this site by self-created profiles. Physical contact with these fictive profiles is not possible. New Performance Group LTD denies itselves of all liability to the extent that is allowed by the law and assumes no warranty for any kind of damage or inconvenience caused by the Service.
New Performance Group LTD reserves the right to refuse Content, such as the photo published by the User, if this is necessary in the opinion of New Performance Group LTD, without this in any way constituting any right for the User to claim compensation and/or a refund, and/or liability of New Performance Group LTD. Published Content will be removed from the Platform in accordance with the procedure set out in Article 11.
Users are urged to notify us of inappropriate Content. You acknowledge that such notification may take place and that we may take steps outlined in these Conditions of Use in respect of such information which comes to our attention.
By registering with New Performance Group LTD, the User expressly agrees that messages with information about Platform as well as information about other Users may be sent to them. The User is entitled to stop the mailing at any time.
The Service may contain advertisements and promotions offered by third parties as well as links to other websites or internet resources. New Performance Group LTD is not responsible for the availability (or lack of availability) of such external websites or internet resources. If the User decides to interact with third parties through New Performance Group LTD's Services, the relationship between them and the User is subject to the terms and conditions of these third parties. New Performance Group LTD is not responsible or liable for the terms or actions of such third parties.
New Performance Group LTD reserves the right to amend these General Terms and Conditions at any time, insofar as this does not affect essential provisions of the contractual relationship and it is necessary in order to adapt to developments which were not foreseeable for New Performance Group LTD at the time of conclusion of the contract and the non-observance of which would noticeably disturb the balance of the contractual relationship. Essential provisions are, in particular, those relating to the type and scope of the agreed Services as well as the term, including the provisions on termination. New Performance Group LTD is entitled to make changes to close any gaps in the contract, in particular due to legal changes and changes in case law.
New Performance Group LTD collects, processes and uses personal data of the User as described in these Terms and Conditions and in the Privacy Policy. The storage of personal data is governed by the statutory provisions.
New Performance Group LTD is not liable for any damage in connection with the (unlawful) use of the Platform and New Performance Group LTD does not monitor the Messages exchanged between the User and other users. Subject to the conditions set out below and after having received a relevant notification, New Performance Group LTD will merely remove indisputably unlawful Content or stop an indisputably unlawful activity.
New Performance Group LTD has set up a procedure under which the presence on or accessibility via the Platform of suspected unlawful material or suspected unlawful activities can be reported to New Performance Group LTD. This can be done by sending an appropriate notification to the following e-mail address: supp23@kontaktalk.com.
New Performance Group LTD reserves the right not to honour a request to block Content or stop an activity, if it has good reason to doubt the correctness of the notification or the lawfulness of the evidence provided or if so demanded by a balancing of interests. Within that context, New Performance Group LTD may demand a court ruling by a competent court in the Netherlands, which ruling proves that the Content or activity in question is indisputably unlawful.
New Performance Group LTD will not, in any way, have to be a party to a dispute between the person making the notification and any third party.
The person making the notification indemnifies New Performance Group LTD against every third-party claim in connection with the blocking or removal of material or activities being stopped. The indemnification also relates to all damage and costs incurred or to be incurred by New Performance Group LTD or which it has to incur in connection with such a claim, including but not limited to compensation for the costs of legal aid.
New Performance Group LTD respects and protects the privacy of the persons making such notifications. All personal information it receives within the framework of a notification will always be processed in accordance with the Data Protection Act 1998 and will only be used for the processing of the notification.
