Privacy Policy

Eclipsebound website is owned by Eclipsebound, which is a data controller of your personal data.

We have adopted this Privacy Policy, which determines how we are processing the information collected by Eclipsebound, which also provides the reasons why we must collect certain personal data about you. Therefore, you must read this Privacy Policy before using Eclipsebound website.

We take care of your personal data and undertake to guarantee its confidentiality and security.

Personal information we collect:

When you visit the Eclipsebound, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the installed cookies on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products you view, what websites or search terms referred you to the Site, and how you interact with the Site. We refer to this automatically-collected information as “Device Information.” Moreover, we might collect the personal data you provide to us (including but not limited to Name, Surname, Address, payment information, etc.) during registration to be able to fulfill the agreement.

Why do we process your data?

Our top priority is customer data security, and, as such, we may process only minimal user data, only as much as it is absolutely necessary to maintain the website. Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding website usage. This statistical information is not otherwise aggregated in such a way that it would identify any particular user of the system.

You can visit the website without telling us who you are or revealing any information, by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the website’s features, or you wish to receive our newsletter or provide other details by filling a form, you may provide personal data to us, such as your email, first name, last name, city of residence, organization, telephone number. You can choose not to provide us with your personal data, but then you may not be able to take advantage of some of the website’s features. For example, you won’t be able to receive our Newsletter or contact us directly from the website. Users who are uncertain about what information is mandatory are welcome to contact us via Eclipsebound@eclipsebound.com.

Your rights:

If you are a European resident, you have the following rights related to your personal data:

• The right to be informed.

• The right of access.

• The right to rectification.

• The right to erasure.

• The right to restrict processing.

• The right to data portability.

• The right to object.

• Rights in relation to automated decision-making and profiling.

If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident, we note that we are processing your information in order to fulfill contracts we might have with you (for example, if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information might be transferred outside of Europe, including Canada and the United States.

Links to other websites:

Our website may contain links to other websites that are not owned or controlled by us. Please be aware that we are not responsible for such other websites or third parties' privacy practices. We encourage you to be aware when you leave our website and read the privacy statements of each website that may collect personal information.

Information security:

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We keep reasonable administrative, technical, and physical safeguards to protect against unauthorized access, use, modification, and personal data disclosure in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.

Legal disclosure:

We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Country Laws:

Austria

Consensual giving or receiving of pain is legal in Austria,[194] showing wax play at the Eros Pyramide sex show in 2009

Section 90 of the Austrian criminal code declares bodily injury (Sections 83–84) or the endangerment of physical security (Section 89) to not be subject to penalty in cases in which the victim has consented and the injury or endangerment does not offend moral sensibilities. Case law from the Austrian Supreme Court has consistently shown that bodily injury is only offensive to moral sensibilities, thus it is only punishable when a "serious injury" (damage to health or an employment disability lasting more than 24 days) or the death of the "victim" results. A light injury is generally considered permissible when the "victim" has consented to it. In cases of threats to bodily well-being, the standard depends on the probability that an injury will occur. If serious injury or even death would be a likely result of a threat being carried out, then even the threat itself is considered punishable.[194]

Canada

In 2004, a judge in Canada ruled that videos seized by the police featuring BDSM activities were not obscene and did not constitute violence, but a "normal and acceptable" sexual activity between two consenting adults.[195]

In 2011, the Supreme Court of Canada ruled in R. v. J.A. that a person must have an active mind during the specific sexual activity in order to legally consent. The Court ruled that it is a criminal offence to perform a sexual act on an unconscious person—whether or not that person consented in advance.[196]

Germany

Sexual activity may occur in BDSM, but it is not essential part of BDSM.[5] Photo shows erotic humiliation of sexual nature being performed at Wave-Gotik-Treffen music festival, Germany, 2014. The submissive woman is stripped naked, hung upside down, whipped and a master doing sexual roleplay of a devil forces himself on her to cause vagina torture.

According to Section 194 of the German criminal code, the charge of insult (slander) can only be prosecuted if the defamed person chooses to press charges. False imprisonment can be charged if the victim—when applying an objective view—can be considered to be impaired in their rights of free movement. According to Section 228, a person inflicting a bodily injury on another person with that person's permission violates the law only in cases where the act can be considered to have violated good morals in spite of permission having been given. On 26 May 2004, the Criminal Panel No. 2 of the Bundesgerichtshof (German Federal Court) ruled that sado-masochistically motivated physical injuries are not per se indecent and thus subject to Section 228.[197]

Following cases in which sado-masochistic practices had been repeatedly used as pressure tactics against former partners in custody cases, the Appeals Court of Hamm ruled in February 2006 that sexual inclinations toward sado-masochism are no indication of a lack of capabilities for successful child-raising.[198]

Italy

In Italian law, BDSM is right on the border between crime and legality, and everything lies in the interpretation of the legal code by the judge. This concept is that anyone willingly causing "injury" to another person is to be punished. In this context, though, "injury" is legally defined as "anything causing a condition of illness", and "illness" is ill-defined itself in two different legal ways. The first is "any anatomical or functional alteration of the organism" (thus technically including little scratches and bruises too); the second is "a significant worsening of a previous condition relevant to organic and relational processes, requiring any kind of therapy". This could make it somewhat risky to play with someone, as later the "victim" may call foul play citing even an insignificant mark as evidence against the partner. Also, any injury requiring over 20 days of medical care must be denounced by the professional medic who discovers it, leading to automatic indictment of the person who caused it.[199]

Nordic countries

In September 2010, a Swedish court acquitted a 32-year-old man of assault for engaging in consensual BDSM play with a 16-year-old girl (the age of consent in Sweden is 15).[200] Norway's legal system has likewise taken a similar position,[201] that safe and consensual BDSM play should not be subject to criminal prosecution. This parallels the stance of the mental health professions in the Nordic countries which have removed sadomasochism from their respective lists of psychiatric illnesses.

Switzerland

The age of consent in Switzerland is 16 years, which also applies to BDSM play. Minors (i.e., those under 16) are not subject to punishment for BDSM play as long as the age difference between them is less than three years. Certain practices, however, require granting consent for light injuries, with only those over 18 permitted to give consent. On 1 April 2002, Articles 135 and 197 of the Swiss Criminal Code were tightened to make ownership of "objects or demonstrations [...] which depict sexual acts with violent content" a punishable offense. This law amounts to a general criminalization of sado-masochism since nearly every sado-masochist will have some kind of media that fulfills this criterion. Critics also object to the wording of the law which puts sado-masochists in the same category as pedophiles and pederasts.[202]

United Kingdom

In British law, consent is an absolute defense to common assault, but not necessarily to actual bodily harm, where courts may decide that consent is not valid, as occurred in the case of R v Brown.[203] Accordingly, consensual activities in the U.K. may not constitute "assault occasioning actual or grievous bodily harm" in law. The Spanner Trust states that this is defined as activities which have caused injury "of a lasting nature" but that only a slight duration or injury might be considered "lasting" in law.[204] The decision contrasts with the later case of R v Wilson in which conviction for non-sexual consensual branding within a marriage was overturned, the appeal court ruling that R v Brown was not an authority in all cases of consensual injury and criticizing the decision to prosecute.[205]

Following Operation Spanner, the European Court of Human Rights ruled in January 1999 in Laskey, Jaggard and Brown v. United Kingdom that no violation of Article 8 occurred because the amount of physical or psychological harm that the law allows between any two people, even consenting adults, is to be determined by the jurisdiction the individuals live in, as it is the State's responsibility to balance the concerns of public health and well-being with the amount of control a State should be allowed to exercise over its citizens. In the Criminal Justice and Immigration Bill 2007, the British Government cited the Spanner case as justification for criminalizing images of consensual acts, as part of its proposed criminalization of possession of "extreme pornography".[206] Another contrasting case was that of Stephen Lock in 2013, who was cleared of actual bodily harm on the grounds that the woman consented. In this case, the act was deemed to be sexual.[207]

United States

Spanking with a paddle in a BDSM dungeon in Lower Manhattan

The United States Federal law does not list a specific criminal determination for consensual BDSM acts. Many BDSM practitioners cite the legal decision of People v. Jovanovic, 95 N.Y.2d 846 (2000), or the "Cybersex Torture Case",[208] which was the first U.S. appellate decision to hold (in effect) that one does not commit assault if the victim consents. However, many individual states do criminalize specific BDSM actions within their state borders. Some states specifically address the idea of "consent to BDSM acts" within their assault laws, such as the state of New Jersey, which defines "simple assault" to be "a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense".

Oregon Ballot Measure 9 was a ballot measure in the U.S. state of Oregon in 1992, concerning sadism, masochism, gay rights, pedophilia, and public education, that drew widespread national attention. It would have added the following text to the Oregon Constitution:

All governments in Oregon may not use their monies or properties to promote, encourage or facilitate homosexuality, pedophilia, sadism or masochism. All levels of government, including public education systems, must assist in setting a standard for Oregon's youth which recognizes that these behaviors are abnormal, wrong, unnatural and perverse and they are to be discouraged and avoided.

It was defeated in the 3 November 1992 general election with 638,527 votes in favor, 828,290 votes against.

The National Coalition for Sexual Freedom collects reports about punishment for sexual activities engaged in by consenting adults, and about its use in child custody cases.[211]Contact information:

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email to Eclipsebound@eclipsebound.com.