Privacy Policy



ICM Registry LLC and its subsidiaries and affiliated entities (collectively, “ICM”) understand how important privacy is to you. This Privacy Policy explains information that identifies you personally (“Personal Information”):

  • What Personal Information we collect and why we collect it
  • How we use Personal Information
  • Who we share Personal Information with
  • How to access, update, and remove Personal Information

This policy explains how we process Personal Information when you visit websites operated by ICM (“Registry Websites”), apply for Membership within the .XXX TLD, or register for or reserve domain names in TLDs owned and operated by ICM (“ICM TLD”). This policy applies only to Personal Information that ICM collects from and about you. It does not apply to information collected by domain name registrars or third parties when you apply to register an ICM TLD name with them nor does it apply to information collected on third party sites.

Collection, Use, & Disclosure of Personal Information

Information you Provide on Registry Websites:

We collect Personal Information that you directly provide on any Registry Websites, for example, when you submit a question or comment, request to receive updates from ICM, or submit information regarding your interest in an ICM TLD domain name. Depending on the service, we may ask for your name, affiliation, job title, status (i.e., Sponsored Community Membership, etc.) email address, country, URLs you operate, and ICM TLD names you are interested in. If you are applying to become a registrar for an ICM TLD, we collect additional information via the Request for Information (“RFI”) form. We may supplement the Personal Information you provide with demographic data from third parties. It is entirely up to you to decide whether or not to provide Personal Information on any Registry Website. If you disagree with this Policy, please do not submit Personal Information on Registry Websites.

Information Collected Automatically on Registry Websites:

When you visit Registry Websites, our servers automatically log certain information including without limitation: the type of browser you are using (e.g., Safari, Chrome, Internet Explorer), the type of operating system you are using (e.g., Windows XP or Mac OS), CPU type (e.g. Pentium), the way you access the Internet (e.g., connection speed through narrowband or broadband access), IP address, other information about your geographic location, and the domain name of your Internet service provider. Our servers also log header information forwarded by the Internet site you navigated from to reach any Registry Websites. Please note that ICM does not control the information included in the header by a referring website, which may include search terms and other information about your activities on that site. Our servers also log information about your activity on Registry Websites, including without limitation the time and date of your visits, the pages you view on any Registry Website, your responses to offerings and advertisements (if any) presented on the Registry Websites, and the searches you perform, including without limitation any WHOIS searches.

Use of Personal Information Collected on Registry Websites:

ICM uses Personal Information collected on all Registry Websites to operate and improve those Registry Websites, to fulfill your requests and respond to your inquiries, to understand how you use the Registry Websites, and to personalize the content and advertisements you see on those Registry Websites.

Collection, Use, & Disclosure of Personal Information from Domain Name Registrants/Reservants

ICM collects Personal Information when you apply for .XXX Membership as well as when you apply to register or reserve an ICM TLD domain name through any of our approved registrars.

Information Collected in Connection with Domain Name Registrations/Reservations

.XXX Membership Information:

When you apply for Membership in the .XXX Sponsored Community, we collect your full name, business affiliation, physical address, telephone number, email address and password, and in some cases, your credit card information (collectively, “.XXX Membership Information”). This information is required even if you intend to use an ICM approved proxy service to register .XXX domain names. When applying for Membership, we also request your birth date and age related information; we do not retain any age related information. We may also supplement Membership Information with data from third parties such as Dun & Bradstreet, directory services, and public records. We use .XXX Membership Information to validate your contact information and to ensure compliance with Registry Policies including without limitation policies related to consumer protection and security, and policies against child abuse images and related activities, and, in the event of a dispute, to confirm your eligibility for Membership in the Sponsored Community. Once you have completed the Membership Application, you will receive a “Membership Token,” which is your unique code.

IP Rights Information:

If you participate in any of the ICM TLD Launch Programs, including without limitation TMCH Sunrise Program, Sunrise B Program and Domain Matching Program, you may also be required to provide information about your intellectual property which may include, depending upon which program you participate in, the registered trademark, the trademark registration number, country of registration, dates on which registration was applied for and granted, the trademark registration class(es), the SMD File information, and information about other websites that you operate in an IANA-recognized top level domain (collectively, “IP Rights Information”). ICM uses this information to validate your eligibility to participate in its programs. This information is also used from time to time to confirm the continuing validity of a non-member’s Sunrise reservation. IP Rights Information is associated with your Sunrise application and, if you are a member of the Sponsored Community then your .XXX Membership Information, and your unique Membership Token.

Registration Information:

When you submit an application to register an ICM TLD domain name, your registrar will send us the domain name you would like to register or reserve, along with your name (or the name of an ICM approved proxy service), address, phone number, email address, names and contact information for your technical and administrative contacts (if different), expiration date, website hosting IP address, and website host name (collectively, “Registration Information”). Registration Information is included in the ICM TLD Whois database in accordance with ICANN policies and requirements. Registration Information is also associated with your unique .XXX Membership Token, your .XXX Membership Information, and your IP Rights Information, as applicable, even if you register using an ICM approved proxy service.

Monitoring Information:

In accordance with Registry Policies, all registered and resolving ICM TLD domain names may be scanned for viruses, malware, phishing activities, browser exploits, and other behaviors or code posing a security threat to any of (i) the websites; (ii) website users; or (iii) the ICM TLD. In addition, all registered and resolving ICM TLD domain names may be scanned for content that suggests the presence of child abuse images. Such monitoring may involve the incidental collection of Personal Information by our service providers.

Use of Information Collected for Domain Name Registrations/Reservations:

ICM Registry uses .XXX Membership Information, IP Rights Information, and Registration Information to process your application for .XXX Membership in the Sponsored Community and to validate the contact information you provide, to process Sunrise applications, to register or reserve ICM TLD domain names, and to provide services (such as security and other scanning services) associated with operation of a website in the ICM TLDs. ICM also uses this information to operate its business in the ordinary course, improve our products and services, develop new products and services, and to inform you about products and services that may be of interest to you.

Disclosure of Personal Information

ICM discloses Registration Information to the public in the form of Whois records, as required by ICANN. ICM does not disclose your age related information or other supplemental information used to validate your .XXX Membership Information to the public in the form of Whois records. Note that if you use an ICM approved proxy service, the name of that proxy service rather than your name will appear in the Whois records. ICM may disclose other Personal Information or IP Rights Information to fulfill your requests for products and services, to respond to your inquiries, to third parties as necessary to deliver services associated with operating a website in an ICM TLD (including without limitation to security scanning service providers) or in furtherance of our Launch Programs and to personalize the content and advertisements you see.

ICM does not share your sensitive information, Personal Information, .XXX Membership Information, IP Rights Information, or Registration Information with third parties without your affirmative consent unless it is: (i) necessary to fulfill a transaction or provide information you have requested; (ii) as required by law or necessary to respond to legal process; (iii) in circumstances in which ICM believes that its Registry Websites or services, or that websites operating in an ICM TLD, are being used in the commission of a crime; (iv) when ICM has a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person; or (v) as necessary to establish, assert, defend, or protect our rights or property.

ICM may use agents and contractors in order to help operate the Registry Websites, provide our product and service offerings, and to operate our business. You expressly consent to the sharing of your Personal Information with our agents, contractors and service providers under the premise that, if our agents and contractors have access to your Personal Information, they are contractually required to safeguard that information and prohibited from using that information for any other purpose.

Change of Ownership

If ICM’s ownership changes as a result of a merger, acquisition or transfer to another company, your Personal Information may be transferred. If that transfer will result in a material change in the use of your Personal Information, ICM will notify you and give you the opportunity to decline to permit such a transfer.

Cookies and Web Beacons

ICM may use cookies, web beacons, or similar technologies in combination with your Personal Information to enhance and personalize your experience on Registry Websites, including without limitation to operate and improve offerings through Registry Websites, to help authenticate you when you use Registry Websites, to remember your preferences and registration information, to enable a shopping cart, to present and help measure and research the effectiveness of ICM offerings, advertisements, and e-mail communications (by determining which ICM e-mails you open and act upon), and to customize the content and advertisements provided to you through Registry Websites.

Our Commitment to Security

ICM has implemented reasonable security measures designed to prevent unauthorized access to or misuse of the your Personal Information, but cannot guarantee that this information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, as a result of unauthorized acts by third parties that violate applicable law or ICM policies).

Processing Grounds

We will only use your Personal Information if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity, and our “legitimate interests” or the legitimate interest of others, as further described below.

Contractual Necessity

We process Personal Information because we need to provide services pursuant to our agreement with you. When we process Personal Information due to contractual necessity, failure to provide such Personal Information will result in your inability to use some or all portions of the services that require such information. An example of this is the ability to become a member of the .XXX Sponsored Community, which allows your .XXX websites to resolve.

Legitimate Interest

We process the Personal Information when we believe doing so furthers the legitimate interest of third parties or us. Examples of these legitimate interests include operation and improvement of our business, products, and services; marketing of our products and services; provision of customer support; protection from fraud or security threats’ compliance with legal obligations; and completion of corporate transactions.

Consent

In some cases, we process Personal Information based on the consent you expressly grant to us at the time we collect such information. When we process Personal Information based on your consent, it will be expressly indicated to you at the point and time of collection.

Your Privacy Choices

Opting Out

You can opt-out of certain activities by doing one or more of the following. Please note that you will need to opt-out of each browser and device for which you desire to apply these opt-out features.

Web Browser Controls:

You can prevent the use of certain tracking tools, such as cookies, on a device-by-device basis using the controls in your web browser. These controls can be found in the Tools > Internet Options (or similar) menu for your browser, or as otherwise directed by your browser’s support feature. Through your web browser, you may be able to:

  • Delete existing Tracking Tools
  • Disable future Tracking Tools
  • Set your browser to provide you with a warning each time a cookie or certain other Tracking Tools are being set

Mobile Opt Out:

Your mobile devices may offer settings that enable you to make choices about the collection, use, or transfer of mobile app information.

Emails:

We will give you the ability to opt-out of marketing-related emails by clicking on a link at the bottom of each such email. You cannot opt-out of receiving certain non-marketing emails regarding the services we provide.

Information Shared with Third Parties:

Except as set forth in this Privacy Policy, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information. To the extent permitted or required by applicable law, you can opt-out of having your information shared with a third party that is not our agent, by contacting us. However, please note that opting-out of information sharing or collection may affect your ability to use some features of the Service.

Retaining Your Personal Information

We retain Personal Information about you for as long as you have an account with us or as otherwise necessary to provide you with services, and thereafter as set forth in our agreement with you (typically two years after termination of the service, or sooner upon request (except as required by law)). In some cases we retain Personal Information for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule, or regulation. Upon disposal, we will destroy or render unreadable any such Personal Information. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

Your Rights and Choices Regarding Your Personal Information

Accessing, Correcting, and Deleting Your Personal Information

You have certain rights with respect to your Personal Information, and we want to help you review and update your information to ensure it is accurate and up-to-date. We may limit or reject your request in certain cases, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, if it is not required by law, or if the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question. In some cases, we may also need you to provide us with additional information, which may include Personal Information, to verify your identity and the nature of your request. We will take reasonable steps to respond to all requests within 30 days (or less!).

You can contact us directly if you have any additional requests or questions:

  • Access:You can request more information about the Personal Information we hold about you and request a copy of such Personal Information.
  • Ratification:If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such information.
  • Erasure:In certain circumstances, you can request that we erase some or all of your Personal Information from our systems. Please note that if you request the deletion of information required to provide a service to you, your account may be deactivated and/or you may lose access to the service.
  • Portability:You can ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the information to another controller where technically feasible.

For the following, please contact us

  • Withdrawal of Consent:If we are processing your Personal Information based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Information, if such use or disclosure is necessary to enable you to utilize some or all of our services.
  • Objection:You can contact us to let us know that you object to the further use or disclosure of your Personal Information for certain purposes, such as for marketing purposes.
  • Restriction of Processing:You can ask us to restrict further processing of your Personal Information.
  • Portability:You can ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the information to another controller where technically feasible.

You also have the right to lodge a complaint about ICM’s practices with respect to your Personal Information with the supervisory authority of your country or EU Member State.

Closing Your Account

You may close your .XXX Membership account and upon termination we will take reasonable steps to provide, modify, or delete your Personal Information as stated in this Privacy Policy. However, ICM may nevertheless retain your Personal Information to protect the business interests of ICM, service providers, and other users, and some information may remain in archived/backup copies for our records or as otherwise required by law. Those interests include without limitation the completion of transactions, maintaining records for reporting purposes, complying with our legal obligations, resolving disputes, and enforcing agreements.

EU Personal Information

If you are located in the EU, United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) related to your Personal Information, as further described below. ICM will be the controller of your Personal Information processed in connection with the Service.

EU-U.S. Privacy Shield Participation

ICM complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the EU to the United States. ICM has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of (1) Notice; (2) Choice; (3) Accountability for Onward Transfer; (4) Security; (5) Data Integrity and Purpose Limitation; (6) Access and (7) Recourse, Enforcement and Liability (collectively, the “Privacy Shield Principles”). If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern with respect to all Personal Information transferred from the EU to the U.S. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

As further set forth in the Privacy Shield Principles, we remain potentially liable if a third party processing Personal Information received from the EU on our behalf processes that Personal Information in a manner that is inconsistent with the Privacy Shield Principles (unless we can prove that we are not responsible for the event giving rise to the damage). ICM is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) with respect to any failure to comply with the Privacy Shield Principles. In compliance with the Privacy Shield Principles, ICM commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding U.S. privacy practices should contact us.

ICM has further committed to refer unresolved Privacy Shield complaints to the International Centre for Dispute Resolution, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit http://go.adr.org/rs/294-SFS-516/images/PrivacyShield_Notice_of_Arbitration.pdf for more information or to file a complaint. The services of International Centre for Dispute Resolution are provided at no cost to you.

Changes to this Privacy Policy

ICM may update this Privacy Policy from time to time, and will provide appropriate online notice of any significant changes. You may be provided other privacy-related information in connection with your use of specific ICM offerings, special features and services not described in this Policy, or products and services that may be introduced in the future.

Your California Privacy Rights

California privacy law allows California residents to obtain specific disclosures about a business's privacy practices if it shares information with other companies for direct marketing purposes. To make a request to the ICM under California's privacy law, please contact us

Special Note for Parents

Registry Websites are intended for adults. Children under the age of eighteen are not permitted to register for or use Registry Websites, products, and services. We do not knowingly collect information from children under eighteen.



- Updated May 22, 2018