ICM Registry LLC (“ICM”) understands how important privacy is to you and to members of our Sponsored Community. This policy explains how we process information that identifies you personally (“Personal Information”), when you:
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 or reserve a .XXX name with them nor does it apply to information collected on third party sites that you may access via a link on Registry Websites.
By using Registry Websites or services, including without limitation by registering or reserving a .XXX domain name, you consent to the collection, use, processing, and transfer of your Personal Information in accordance with the terms of this Policy. You consent to the collection, use, processing, and/or disclosure of your sensitive information and your Personal Information in the United States in accordance with the provisions of this Policy. If you are visiting the Registry Website from a country other than the country in which the Registry servers are located, including without limitation visiting from the European Union, your communications with the Registry may result in the transfer of your sensitive information as well as your Personal Information (including without limitation your Membership account information) across international boundaries; you consent to such transfer.
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 a .XXX 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 .XXX names you are interested in. We also collect information that you post on public forums or in chat rooms on Registry Websites. If you are applying to become a registrar for the .XXX TLD, we collect additional data 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.
Unless you have provided Personal Information directly, for example by registering for updates, ICM cannot and does not attempt to use log data to identify you personally.
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 Membership in the Sponsored Community as well as when you apply to register or reserve a .XXX domain name through any of our approved registrars.
Information Collected in Connection with Domain Name Registrations/Reservations
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, “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 Membership Information to validate your contact information, to process your credit card payment (if any), 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 .XXX Sunrise programs, you will also be required to provide information about your registered trademark(s) which may include, depending upon which Sunrise service you use, the registered trademark, the trademark registration number, country of registration, dates on which registration was applied for and granted, the trademark registration class(es), 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 the Sunrise program, whether as a member of the Sponsored Community or as a trademark holder that is not a member of the Sponsored Community. 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, your Membership Information, and your unique Membership Token.
When you submit an application to register a .XXX 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 .XXX Whois database in accordance with ICANN policies and requirements. Registration Information is also associated with your unique Membership Token, your Membership Information, and your IP Rights Information (if any), even if you register using an ICM approved proxy service.
In accordance with Registry Policies, all registered and resolving .XXX 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 .XXX TLD. In addition, all registered and resolving .XXX domain names may be scanned for content that suggests the presence of child abuse images or that is intended to appeal to pedophiles. 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 Membership Information, IP Rights Information, and Registration Information to process your application for Membership in the Sponsored Community and to validate the contact information you provide, to process Sunrise applications, to register or reserve .XXX domain names, and to provide services (such as security and other scanning services) associated with operation of a website in the .XXX TLD. ICM also uses this information to operate its business in the ordinary course, improve our products and services, develop new products and services, and, if you are a member of the Sponsored Community, 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, credit card information, or other supplemental information used to validate your 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 the .XXX TLD (including without limitation to security scanning service providers) or in furtherance of our Sunrise policies including the auction rules, and to personalize the content and advertisements you see.
ICM does not share your sensitive information, Personal Information, 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 the .XXX 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
Our Commitment to Security
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.
How to Contact Us
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 send an email to ICM Registry.