Midnight Talk – Privacy Policy

1. Introduction

Welcome to Midnight Talk (“Midnight Talk”, “we”, “us”, “our”)!

Midnight Talk is a platform that allows adult users (“Fans”) to connect with creators (“Creators”) through live, private video and/or audio calls (collectively, the “Services”). We are committed to protecting your privacy and handling your personal information with care and transparency.

This Privacy Policy explains:

• What personal information we collect

• How we use and share it

• Your rights and choices

• How we protect your information

This Privacy Policy applies to:

• Our websites, including Midnight Talk.now, Midnight Talk.chat, and any other site that links to this policy (collectively, the “Website”);

• Our mobile or web applications (the “App”); and

• All related content, features, and services (together with the Website and App, the “Service”).

By accessing or using the Service, you acknowledge that you have read and understood this Privacy Policy and agree to the collection, use, and disclosure of your information as described here. If you do not agree, please do not use the Service.

If anything in this Privacy Policy conflicts with our Terms of Service, the Terms of Service will control with respect to the relationship between you and Midnight Talk, and this Privacy Policy will control with respect to how we handle your personal information.

2. Eligibility and Important Notes

• The Service is intended only for individuals who are at least 18 years old.

• We do not knowingly permit anyone under 18 to create an account or use the Service.

• We do not record the audio or video content of calls.

• Creators and Fans are not allowed to record calls, and this is prohibited in our Terms of Service. However, we cannot technically prevent all possible external recording tools, and such behavior is the responsibility of the user who violates our rules.

If we learn that we have collected personal information from anyone under 18, we will take steps to delete it. If you believe a minor has provided us with personal information, please contact us at help@Midnight Talk.now.

3. Information We Collect

We collect information in three main ways:

1. Information you provide directly

2. Information collected automatically when you use the Service

3. Information we obtain from third parties

3.1 Information You Provide Directly

The information you provide depends on how you use the Service (for example, whether you are a Fan or a Creator), but may include:

a) Account and Profile Information

When you create or update an account, we may collect:

• Name or display name

• Username or handle

• Email address

• Country or general location

• Profile photo or avatar (if you choose to upload one)

• Short bio, description, or other information you choose to share on your profile

• Time zone or scheduling preferences

Creators may also provide:

• Public-facing Creator profile information (e.g., niche, services offered, pricing, links to social media profiles)

• Other optional details you choose to include in your profile

b) Age and Eligibility

To comply with our 18+ policy and applicable laws, we may ask for:

• Your date of birth or age confirmation

• Other information as needed for age verification or legal compliance (where applicable or required by our payment provider, e.g., Stripe)

c) Contact and Communications

When you contact us or communicate with us, we may collect:

• Email address and name

• Content of your messages (support requests, feedback, reports, etc.)

• Any attachments or additional details you provide

We also collect information you provide when you:

• Fill out forms on the Service

• Participate in surveys or promotions we may offer

• Respond to in-app messages or emails from us

d) Payment and Payout Information

We use third-party payment processors (primarily Stripe) to handle payments and payouts.

Fans (paying users) may provide:

• Payment card type (e.g., Visa, Mastercard)

• Billing address, postal/ZIP code

• Limited payment details necessary to complete the authorization (card last 4 digits, card brand, etc., as returned by Stripe)

Creators (earning users) may provide, through Stripe or similar:

• Bank account details

• Tax information, such as name, address, tax ID, or other information required by Stripe or by law

• Government-issued identification or verification documents (provided directly to Stripe, not always to Midnight Talk)

Important:

Midnight Talk does not store your full credit/debit card number or full bank account details. Such information is collected and stored by Stripe or other authorized payment processors in accordance with their own privacy policies. We may receive and store limited information related to your payment method (e.g., card brand, last 4 digits, expiration date, tokenized identifiers, and transaction status) so we can process payments, show you transaction history, and detect fraud.

e) Social Media and Third-Party Connections (Optional)

If you choose to connect a social media account or another third-party service (for example, Instagram, Twitter/X, or others) to your Midnight Talk profile, we may collect:

• Your username or profile name on that platform

• Profile URL or related public profile information, as permitted by that service and your settings

What we receive depends on your privacy settings with the third party and any permissions you grant.

f) Reports, Moderation, and Safety

When you report another user, a Call, or other content for violating our Terms of Service or policies, we may collect:

• The details of your report

• Any supporting information you provide (e.g., descriptions, screenshots, timestamps)

• Follow-up communications related to the report

We use this information to investigate, enforce our policies, and maintain a safe environment.

3.2 Information We Collect Automatically

When you access or use the Service, we automatically collect certain information about your device and usage.

a) Device and Usage Information

We may collect:

• IP address

• Device identifiers (e.g., device ID, advertising ID where permitted)

• Device type (e.g., mobile, desktop, tablet)

• Operating system and version

• Browser type, version, and language

• Screen resolution and system settings

• Date and time of access

• Pages viewed, links clicked, features used, and navigation paths

• Referring URLs or apps (how you arrived at the Service)

We use this information to operate, secure, and improve the Service, as well as to understand how users interact with it.

b) Call Metadata and Technical Quality Metrics

For Calls, we do not record the audio or video content, but we may automatically collect and store technical metadataand quality metrics, including:

• Call start time and end time

• Call duration

• Participants (which user accounts were involved)

• Connection status (connected, failed, dropped, etc.)

• Network metrics (e.g., latency, packet loss, jitter, bitrate)

• Error logs or diagnostic information related to call failures

We use these technical data points to:

• Ensure calls can connect and function correctly

• Monitor and improve call quality

• Detect and prevent fraud or abuse

• Assess refund eligibility in cases of severe technical problems

• Maintain and improve the reliability and performance of the Service

c) Cookies and Similar Technologies

We use cookies and similar technologies (such as web beacons, pixels, or local storage) for a variety of purposes.

Strictly Necessary Cookies

These cookies are essential to make the Service work, including:

• Maintaining your session and keeping you logged in

• Enabling core features (e.g., account access, basic security)

• Protecting against fraudulent logins or abuse

Without these cookies, the Service may not function properly. These cannot typically be disabled via our site’s interface.

Performance and Analytics Cookies

These help us understand how users interact with the Service. They may collect information such as:

• Pages visited and how long you stay on them

• Features used

• General performance metrics and error data

We use this aggregated information to improve the Service and user experience. You may manage some cookies through your browser settings. Please note that disabling certain cookies may affect functionality or performance.

We do not use cookies to sell your personal information or to enable third parties to market to you without your consent.

3.3 Information from Third Parties

We may receive information about you from:

• Payment processors, such as Stripe, related to payment status, fraud checks, chargebacks, and payout details.

• Social media platforms if you connect your accounts, according to the permissions you grant.

• Service providers, such as analytics or anti-fraud tools, providing us with aggregated usage statistics or risk scores.

• Publicly available sources, where permissible by law.

We combine this information with other information we collect for the purposes described in this Privacy Policy.

4. How We Use Your Information

We use the information we collect for the following purposes:

4.1 To Provide and Operate the Service

• Creating, managing, and maintaining your account

• Enabling Fans to discover and connect with Creators

• Facilitating scheduling, initiation, and technical operation of Calls

• Managing call-related features, such as notifications, reminders, and status indicators

• Processing payment authorizations, charges, and payouts

4.2 To Personalize Your Experience

• Suggesting Creators or content that may be relevant to you

• Customizing the interface, language, or features based on your usage and preferences

• Remembering settings and preferences (e.g., time zone, notification settings)

4.3 To Communicate with You

• Sending service-related emails or in-app messages (e.g., account changes, security alerts, transactional receipts, call confirmations)

• Responding to your questions, requests, and support inquiries

• Sending updates about changes to our Terms of Service or this Privacy Policy, and other important administrative information

Marketing and Promotions:

We may send you optional marketing communications (such as newsletters or promotional offers) only if you have explicitly opted in where required by law. You can opt out of marketing emails at any time by:

• Clicking the “unsubscribe” link in the email, or

• Contacting us at help@Midnight Talk.now

Opting out of marketing communications does not affect important transactional or service-related messages.

4.4 To Process Payments and Payouts

• Initiating and managing payment authorizations and charges when Calls occur

• Coordinating with Stripe or other payment providers to process payments securely

• Handling Creator payouts and related financial records

• Detecting fraudulent or suspicious payment activity

4.5 To Ensure Safety, Moderation, and Policy Enforcement

• Monitoring usage for violations of our Terms of Service (e.g., attempts to share nudity or sexual content, harassment, fraud, or off-platform payment solicitation)

• Investigating and responding to reports of harmful behavior or content

• Taking action against accounts that violate our rules (e.g., warnings, suspensions, or bans)

• Preventing, detecting, and addressing fraud, abuse, security breaches, and technical issues

4.6 To Improve and Develop the Service

• Analyzing aggregated usage data to understand how people use the Service

• Measuring performance of features and calls (e.g., call quality, connection reliability)

• Developing new features and services

• Conducting research and testing (in aggregated or de-identified form where possible)

4.7 To Comply with Legal Obligations

• Keeping records necessary for tax, accounting, and audit requirements

• Fulfilling our obligations under applicable laws and regulations

• Responding to lawful requests by public authorities, including law enforcement

5. Legal Bases for Processing (For Users in the EEA, UK, and Similar Jurisdictions)

Where applicable data protection laws (such as the GDPR) require a legal basis for processing your personal information, we rely on one or more of the following legal bases:

• Performance of a Contract: Processing necessary to provide the Service and fulfill our agreement with you (e.g., creating your account, facilitating Calls, processing payments and payouts).

• Legitimate Interests: Processing necessary for our legitimate business interests, such as improving the Service, ensuring security, preventing fraud, and personalizing content, where these interests are not overridden by your rights.

• Consent: Processing based on your consent, such as optional marketing communications or certain cookies, where required by law. You may withdraw your consent at any time.

• Legal Obligations: Processing necessary to comply with legal requirements, such as tax, accounting, or regulatory obligations.

6. How We Share Your Information

We do not sell your personal information. We only share it as described below:

6.1 With Other Users

Some information may be visible to other users of the Service, for example:

• Your public profile information (e.g., display name, username, profile picture, bio)

• Creator pricing and availability, if you are a Creator

• Basic call-related information (e.g., whether you are online or available, where applicable)

Information you choose to share directly with other users (e.g., in chat messages or your profile) is visible according to your actions and the features you use. Please be mindful of what you share; we cannot control how other users may use that information.

6.2 With Service Providers

We use trusted third-party service providers to help us operate and improve the Service, including:

• Payment processors (e.g., Stripe)

• Cloud hosting and infrastructure providers

• Analytics and performance monitoring services

• Customer support and email delivery platforms

• Fraud detection and security tools

These providers are authorized to access your information only as necessary to perform services on our behalf and are contractually required to protect your information and not use it for their own independent purposes.

6.3 For Legal and Safety Reasons

We may disclose your information if we believe in good faith that it is reasonably necessary to:

• Comply with any applicable law, regulation, legal process, or enforceable governmental request

• Enforce our Terms of Service or other agreements

• Protect the safety, rights, or property of Midnight Talk, our users, or the public

• Detect, prevent, or address fraud, security, or technical issues

Where legally permitted and practical, we will attempt to notify you when we are required to provide your information to third parties in connection with a legal process.

6.4 Business Transfers

If Midnight Talk is involved in a merger, acquisition, financing, reorganization, bankruptcy, or sale of all or part of its assets, your information may be transferred as part of that transaction. In such cases, we will take reasonable steps to ensure that the recipient continues to handle your personal information in a manner consistent with this Privacy Policy and applicable law.

6.5 With Your Consent

We may share your information with third parties for other purposes not listed above if you have given us your explicit consent.

7. External Payments and Off-Platform Transactions

Midnight Talk’s Terms of Service prohibit users from soliciting, accepting, or making payments outside the platform for Calls or related services arranged through Midnight Talk.

If you choose to engage in transactions outside the Service (which is against our Terms):

• You do so at your own risk; and

• Midnight Talk is not responsible for any issues, disputes, or losses resulting from such off-platform payments.

This Privacy Policy primarily covers data processed through the Service. Off-platform communications and payments may not be subject to this Privacy Policy and instead be governed by the policies of other services you use.

8. Data Security

We use a combination of technical, administrative, and physical measures designed to protect your personal information from unauthorized access, use, disclosure, alteration, or destruction. These measures may include:

• Encryption of data in transit (e.g., HTTPS)

• Access controls and authentication

• Secure storage and backup practices

• Monitoring and logging of certain system activities

• Limiting access to personal information to personnel and service providers with a need to know

However, no method of transmission over the Internet or method of electronic storage is completely secure. We cannot guarantee absolute security, but we do work to continuously improve our safeguards.

If we become aware of a data breach that affects your personal information, we will take appropriate steps, including notifications as required by applicable law.

9. Data Retention

We retain your personal information for as long as is reasonably necessary to:

• Provide and improve the Service

• Maintain your account

• Fulfill the purposes described in this Privacy Policy

• Comply with legal, tax, and accounting obligations

• Resolve disputes and enforce our agreements

Examples:

• Account information: Typically kept while your account is active and for a period after closure (e.g., for legal or audit purposes).

• Payment and transaction records: Retained for the legally required period for accounting and tax obligations.

• Call metadata and technical logs: Retained for a reasonable period to ensure service quality, troubleshoot issues, and detect fraud.

When we no longer need your information for the purposes described above, we will either delete it or anonymize it so that it can no longer be linked to you.

You may request deletion of your information as described in Section 10, subject to our legal obligations and legitimate interests.

10. Your Privacy Rights and Choices

Depending on your location and applicable law (for example, in the European Economic Area, the United Kingdom, Switzerland, or similar jurisdictions), you may have some or all of the rights listed below.

We will honor these rights in accordance with applicable law.

10.1 Access and Portability

You may have the right to request:

• Confirmation of whether we process your personal information

• A copy of the personal information we hold about you

• Information about how we process your personal information

Where technically feasible and legally required, we may provide this information in a structured, commonly used, and machine-readable format.

10.2 Rectification (Correction)

You may have the right to request that we correct inaccurate or incomplete personal information. In many cases, you can update your account information directly in your account settings.

10.3 Erasure (Deletion)

You may have the right to request deletion of your personal information, for example when:

• The information is no longer necessary for the purposes it was collected for;

• You withdraw consent (where consent is the legal basis for processing); or

• The information has been unlawfully processed.

We may retain certain information as required or permitted by law (e.g., transaction records, security logs) even after your account is deleted.

10.4 Restriction of Processing

You may have the right to request that we restrict the processing of your personal information in certain circumstances, such as when:

• You contest its accuracy; or

• The processing is unlawful and you prefer restriction instead of deletion.

10.5 Objection to Processing

You may have the right to object to:

• Processing based on our legitimate interests, on grounds relating to your particular situation; and

• Direct marketing at any time (you can also opt out via the unsubscribe link in marketing emails).

We will respect your objection unless we have compelling legitimate grounds that override your interests, rights, and freedoms, or where processing is needed for legal claims.

10.6 Withdrawal of Consent

Where our processing is based on your consent (for example, marketing communications in some jurisdictions), you have the right to withdraw consent at any time. This will not affect the lawfulness of processing prior to withdrawal.

10.7 How to Exercise Your Rights

To exercise any of these rights (where applicable), please contact us at:

help@Midnight Talk.now

We may ask you to verify your identity before responding to your request (for example, by logging into your account or providing additional information) to protect your privacy and security.

We will respond to your request within the timeframes required by applicable law.

10.8 Complaints

If you believe we have processed your personal information in violation of applicable law, you may have the right to lodge a complaint with your local data protection authority. We encourage you to contact us first, so we can try to address your concerns directly.

11. Children’s and Minors’ Privacy

As stated above, our Service is only for individuals 18 years or older. We do not knowingly:

• Allow individuals under 18 to create accounts; or

• Collect personal information from anyone under 18.

If you believe a minor under 18 has created an account or provided personal information to Midnight Talk, please contact us immediately at help@Midnight Talk.now, and we will take steps to remove the information and close the account as appropriate.

12. International Data Transfers

Midnight Talk is based in the United States, and our primary servers and service providers may be located in the United States or other countries.

If you access the Service from outside the United States:

• Your personal information may be transferred to, stored, and processed in the United States and possibly other jurisdictions where our service providers operate.

• Data protection laws in these countries may differ from those in your country of residence and may not offer the same level of protection.

By using the Service, you understand and consent to these cross-border transfers.

Where required by law (for example, under the GDPR), we will put in place appropriate safeguards to protect your personal information when it is transferred internationally, such as standard contractual clauses or other approved mechanisms.

13. Third-Party Links and Services

The Service may contain links to third-party websites or services (for example, links shared by Creators, social media profiles, or external tools). This Privacy Policy does not apply to those third-party sites or services.

We are not responsible for the privacy practices, content, or security of any third-party site or service. We encourage you to review the privacy policies of every site or service you visit or use.

14. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect:

• Changes in our practices or Service features

• Changes in applicable laws

• Technological developments or other operational reasons

When we make changes, we will:

• Update the “Last updated” date at the top of this Privacy Policy; and

• Provide additional notice where required by law (e.g., via email, in-app notice, or on the Website).

We encourage you to review this Privacy Policy periodically. Your continued use of the Service after any changes become effective means that you accept the revised Privacy Policy.

15. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at:

Email: help@Midnight Talk.now

We will do our best to respond promptly and help resolve any issues.

If you’d like, next I can help you create a short “Privacy Highlights” / FAQ version for users that links to this full policy but is easier to read inside the app or on landing pages.