- “Company”, “we”, “us”, “our” means VSWN LLC, a company technically formed in accordance with the company laws of the State of New Jersey with EIN: 88-2057325 and registered address at: 311A Durham Ave Metuchen, NJ 08840 USA, being the owner and operator of the VSWN Platform;
- “Content” means all material uploaded to the VSWN Platform by any Creator, including photos, videos, audio (for example, dialogue, music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other uploaded material whatsoever;
- “Creator” also described as model, performer or broadcaster means a User who has formally contracted with VSWN to set up their own personal VSWN account as a Creator account to post Content on the VSWN Platform to be viewed by other Users and includes all parties, participants and/or performers in any content whatsoever uploaded onto the VSWN Platform;
- “General Terms and Conditions” means the VSWN General Terms and Conditions policy document governing access to and use of the VSWN Platform applicable to all Creators and Users;
- “Participants” means all Creators, performers or broadcasters who, in conjunction with the Creator, participate in any Content uploaded on the VSWN Platform by a Creator and from whom the Creator is lawfully obliged to obtain and hold duly signed consent forms and to provide such duly signed consent forms to VSWN on request;
- “Personal Data” means the personal information listed in clause 3.2.1 to 3.2.12;
- “Platform” means the VSWN.org social media platform, website and application service that allows Creators to upload photographs and videos to their profile, setting a Subscription Fee and therefore earning revenue from paying Users via the Company merchant processing systems;
- “Services” means the VSWN Platform and Content made available on the VSWN Platform;
- “VSWN” means VSWN.org, a social media platform, website and application service wholly owned and operated by the Company which allows Creators to upload photographs and videos to their profile, setting a Subscription Fee and therefore earning revenue from paying Users via the Company merchant processing systems;
- “VSWN Platform” means the VSWN Platform, an interactive social media platform, website and application service wholly owned and operated by the Company which allows Creators to upload photographs and videos to their profile, setting a fee to earn revenue from paying Users via the Company merchant processing systems;
- “User” means any user of VSWN, whether subscribed or unsubscribed, that views content uploaded to the VSWN Platform, whether a Creator or a User or both;
- “you”, “your” means Creators, Users and subscribers.
The Company operates the VSWN Platform and is the controller of the information collected or provided via the VSWN Platform.
PERSONAL DATA THE COMPANY COLLECTS
When you use the VSWN Platform, the Company collects information that, alone or in combination with other information, could be used to identify you.
- identifiers: username, real name, email address, social security number, driver’s license number, passport number or other similar identifiers;
- personal information: birth date, age, gender, your interests, preferences, feedback, survey responses, your preferences in receiving marketing from the Company and third parties, and your communication preferences, profile picture, biography and your website details, including any other information which you voluntarily provide to the Company at your direction for a specific purpose;
- payment information: if you subscribe, the Company collects payment card or account details and all information necessary to process payments;
- commercial information: the Company collects information relating to your personal property, products or services purchased, obtained, or considered, or other purchasing histories or tendencies;
- biometric information: while the Company does not collect biometric information, if you choose to authenticate yourself through certain service providers used by the Company, they may collect biometric information subject to their privacy policies, the Company is never provided access to that information;
- location Information: the Company may receive information about your location. For example, you may choose to publish your location in your posts and in your VSWN profile and when you set your trend location on the Platform. The Company may also determine location by using other data from your device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device, or your IP address;
- internet or other electronic network activity information: such as browsing history, search history, and information regarding consumer interaction with an internet website, application, or advertisement;
- usage information: the Company collects information about how you use the Company Services, such as the type of Content you view or engage with, the features you use, the actions you take, the other Users you interact with and the time, frequency and duration of your activities;
- audio, electronic, visual, thermal, olfactory, or similar information: the Company provides areas on the VSWN Platform where you can post information about yourself and others, communicate with others, upload Content including, pictures and video files, and post comments or reviews of Content found on the VSWN Platform;
- device information: including, the type of device you are using, operating system, settings, unique device identifiers, network information and other device-specific information. Information collected may depend on the type of device you use and its settings;
- log data: information that your browser automatically sends whenever you visit the VSWN Platform. Log data includes your Internet Protocol (“IP”) address (so the Company is aware of the country you are connecting from when you visit the VSWN Platform), browser type and settings, the date and time of your request, and how you interacted with the Company Services; and
- posts, lists, following and other public information: including, messages you post, the metadata provided with such posts such as when you posted and the application you used to post, language, country and time zone associated with your account, people you follow, posts you mark as likes, and any other information that results from your use of the Company Services.
The Company will not collect additional categories of Personal Data other than those categories listed above. If the Company intends collecting additional categories of Personal Data, the Company shall provide you with a new notice at or before the time of collection.
WHERE YOUR PERSONAL DATA IS COLLECTED FROM
The Company collects Personal Data from the following sources:
- directly from you when you open an account and use the Company Services, or when you update your account information;
- indirectly from you, for example, through and as a result of your use of and access to the Company Services. The Company also collects IP addresses and browser types from the devices you use; and
- from our service providers.
HOW THE COMPANY USES YOUR PERSONAL DATA
It is the Company’s priority to ensure that the Content can be enjoyed by everyone, and that it complies with the VSWN Prohibited Use Policy. In order to do so, the Company collects and processes your Personal Data for the following business and commercial purposes:
- to authenticate Users and provide the Service;
- to respond to your inquiries and fulfill your requests for products and services;
- to enforce the VSWN General Terms and Conditions and other usage policies;
- to customize the VSWN Services for you, including providing recommendations, personalized advertising and content. For example, the Company uses information on your use of VSWN Services features, including information that the Company obtains through cookies, to better understand your needs and interests in order to personalize your experience with our VSWN Services by presenting products and offers tailored to your interests. The Company uses your public information and your location information to infer what topics you may be interested in, and to customize the content the Company shows you, including ads, with more relevant content like local trends, stories, and suggestions for people to follow;
- to send administrative information to you, for example, information regarding the VSWN Platform, and changes to the VSWN terms, conditions, and policies;
- to provide, maintain and improve the content and functionality of the VSWN Services. For example, the Company regularly fixes bugs or user experience issues that may be tied to particular user accounts;
- to conduct research and provide reports to third parties;
- to keep basic data to identify you and prevent further unwanted processing;
- to prevent fraud or criminal activity, misuse of the VSWN Services, and ensure the security of our Information Technology systems, architecture and networks;
- to comply with legal obligations and legal process and respond to requests from public and government authorities including public and government authorities outside your country of residence;
- to protect the Company operations or those of any of the Company’s affiliates and protect the Company’s rights, privacy, safety or property, and/or that of the Company’s affiliates, you or others;
- to pursue available remedies or limit the damages that the Company may sustain, as required or permitted by law;
- for marketing purposes; and
- the Company may display targeted advertisements based on your Personal Data. The Company does not provide any Personal Data to the advertiser when a User interacts with or views a targeted advertisement. Third parties (including ad serving companies) may assume that Users who interact with, view, or click targeted advertisements meet the targeting criteria (for example, men aged 18–24 from a particular geographic area). However, please be aware that by interacting with or viewing an advertisement the third party may make the assumption that you meet the targeting criteria used to display the advertisement.
OUR LEGAL BASIS FOR PROCESSING
The Company has the following legal basis for processing your personal information for the purposes described herein:
- performance of a contract: by using the VSWN Services, you have contracted with the Company through the VSWN General Terms and Conditions, and the Company will process certain Personal Data to perform under our contract;
- legitimate interest: the Company may process Personal Data for the Company’s legitimate interests, including complying with applicable legislation, rules or regulations, investigations or remedies; enforcing the VSWN General Terms and Conditions; protecting our, Users’ or others’ rights, property and safety; and detecting and resolving any fraud or security concerns;
- advertising: for the purposes of customization of advertising, marketing and analytics for the legitimate interests of the Company;
- compliance with legal obligations and protection of individuals: the Company may process personal data to comply with the Company legal obligations, including as required by valid legal process, governmental request and to protect those individuals who use the VSWN Services and others; and
- in specific circumstances where you have provided your consent to such processing.
DISCLOSURE OF YOUR PERSONAL DATA
The Company discloses Personal Data to:
- the public: when you submit Content the information is made public;
- within the Company: the Company may disclose Personal Data to employees, shareholders, directors and members of the Company, including affiliates and related entities, to the extent necessary for the purposes listed herein;
- service providers: the Company discloses the Personal Data to authorized service providers that perform certain services on behalf of the Company. These services may include payment processing, identity and document authenticity verification, risk and fraud detection and mitigation, customer service, marketing and advertising, customization of content, analytics, security, or hosting the VSWN Platform or supporting its functionality. These service providers may have access to Personal Data needed to perform their obligations but are not permitted to share or use such information for any other purposes;
- to other entities in respect of a business transfer: if the Company is involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of the Company assets or transition of service to another provider, your Personal Data and other information may be transferred to a successor or affiliate as part of that transaction along with other assets; or
- to regulators, law enforcement or others: where the Company reasonably believes such disclosure is needed to (i) enforce applicable terms and conditions, including investigation of potential violations thereof, (ii) satisfy any applicable legislation, regulation, legal process, or governmental request, (iii) to detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues, (iv) protect against harm to the rights, property or safety of the Company, our Creators and Users, employees or others, or (v) to maintain and protect the security and integrity of the VSWN Platform or infrastructure. In such cases the Company may raise or waive any legal objection or right available to the Company, in its sole discretion.
COOKIES AND AUTOMATIC DATA COLLECTION TECHNOLOGIES
The VSWN Platform uses automatic data collection technologies to collect website activity data.
Some cookies expire after a certain amount of time, or upon logging out (session cookies), others remain on your computer or terminal device for a longer period (persistent cookies). The VSWN Platform uses first party cookies (cookies set directly by the Company) as well as third party cookies, as described below:
- strictly necessary cookies: used to provide Creators and Users with the VSWN Services available through the VSWN Platform and to use some of their features, such as the ability to log-in and access to secure areas. These cookies are served by the Company and are essential for using and navigating the VSWN Platform. Without these cookies, basic functions of the VSWN Platform would not work. As the cookies are strictly necessary to deliver the VSWN Services, you cannot refuse them;
- analytics/performance: used to better understand the behavior of Creators and Users on the VSWN Platform and improve the VSWN Platform accordingly, for example by making sure Creators and Users find what they need easily. The VSWN Platform uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). The information collected by Google (including your IP address) will be transmitted to and stored by Google on servers in the United States (Google is certified to the Privacy Shield for data transfers) pursuant to standard contractual clauses approved by the European Union. How long a Google Analytics cookie remains on your computer or device depends on what it is and what it is used for. Some Google Analytics cookies expire at the end of your browser session, whilst others can remain for up to 2 (two) years. You can prevent your data from being collected by Google Analytics on the VSWN Platform by downloading and installing the Google Analytics Opt-out Browser Add-on for your current web browser. For more information on Google Analytics privacy practices, see: https://www.termsfeed.com/legal/privacy-policy/.
- You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the VSWN Platform and you may not be able to benefit from the full functionality of the VSWN Platform. If you access the VSWN Platform on your mobile device, you may not be able to control tracking technologies through the settings.
You can set your browser to refuse third-party cookies, or to alert you when cookies are being sent.
YOUR RIGHTS REGARDING YOUR PERSONAL DATA
You have certain rights regarding the Personal Data the Company collects, uses or discloses and that is related to you, including the right:
- to receive information on the Personal Data the Company holds about you and how such Personal Data is used;
- to access, modify, correct or delete Personal Data about you;
- to know which third parties the Company has shared your Personal Data with;
- to receive your Personal Data in a structured, commonly used and machine-readable format and to transmit the Personal Data to another data controller;
- to withdraw your consent, where processing Personal Data is based on consent;
- to object to the use of your Personal Data where such use is based on our legitimate interest or on public interests;
- to in certain instances, restrict our use of your Personal Data, and;
- to lodge a complaint with a supervisory authority located in your country or where an alleged violation of law occurred.
Your rights may vary depending on the laws that apply to you.
You may exercise your above rights by contacting the Company at email@example.com. If you are located in the European Union (“EU”) Economic Area or the United Kingdom (“UK”), you have a right to lodge a complaint with your local data protection authority.
Please note that unless you have created an account on the VSWN Platform, the Company may not have sufficient information to identify you and therefore may not be in a position to respond to your request. Additionally, in some cases in order to adequately verify your identity or your authorization to make the request, the Company may require you to provide additional information.
Note that some requests to delete certain personal information will require the deletion of your Creator and/or User account as the provision of Creator and/or User accounts are inexplicably linked to the use of your Personal Data.
AMENDING PERSONAL DATA
It is your responsibility to:
- ensure that your Personal Data remains complete, accurate and up-to-date and you are required to promptly inform the Company of any amendments to be made to your Personal Data; and
- to review all of your information carefully before submitting it to the Company.
Any amendments to your Personal Data may be made by contacting the Company at firstname.lastname@example.org or via your VSWN account settings on the VSWN Platform. The Company reserves the right to deny access as permitted or required by applicable legislation.
Depending on the laws that apply to you, you may obtain certain Personal Data from the Company.
CALIFORNIA PRIVACY RIGHTS
The California Consumer Privacy Act (“CCPA”) provides you with the following rights in relation to your personal information:
- right to know: you have the right to request that the Company discloses certain information to you about the Personal Data the Company collected, used, and disclosed about you in the past 12 (twelve) months, including the right to know any or all of the following:
- the business or commercial purpose for collecting your Personal Data;
- the categories of Personal Data collected about you;
- the categories of sources from which the Company collected your Personal Data;
- the categories of Personal Data that the Company has disclosed about your for a business purpose, and;
- the categories of third parties whom your Personal Data was disclosed to for a business purpose.
- right to deletion: you have right to request that the Company deletes any of your personal information collected from you and retained, subject to certain exceptions set forth in the CCPA. If you request deletion of your Personal Date, the Company may deny your request or may retain certain elements of your Personal Data if it is necessary for the Company or its service providers to:
- complete the transaction for which the Personal Data was collected, to provide goods or services requested by you, or otherwise perform a contract between you and the Company;
- detect security related incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for that activity;
- debug to identify and repair errors and functionality;
- exercise rights provided by law;
- comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- engage in research in the public interest that adheres to applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided that you have consented thereto;
- enable internal uses that are reasonably aligned with your expectations based on your relationship with the Company;
- comply with a legal obligation;
- use the personal data, internally, in a lawful manner that is compatible with the context in which your provided the information.
- right to opt-out/in: you have the right to opt-out of the sale of your personal data. You also have the right to opt-in to the sale of personal data. The Company does not sell your personal data.
- right to non-discrimination for the exercise of your rights: the Company will not discriminate against you because you exercised any of your rights under the CCPA. Unless permitted by the CCPA, the Company shall not:
- refuse to provide you with Services;
- charge you different prices or rates for Services, including through granting discounts or other benefits, or imposing penalties; and
- provide you with different level or quality of VSWN Services.
To exercise your rights described above, please send an email to email@example.com with the subject as “CCPA Request”. You will need to provide the following information to verify your identity and enable the Company to locate your information on our system:
- your username and email address used to create your account on the VSWN Platform, and;
- any other information which the Company may reasonably request in order for the Company to verify your identity.
You are entitled to designate an agent to make request on your behalf provided that you provide the following information:
- a signed authorization allowing the agent to act on your behalf;
- sufficient information to identify the agent’s identity, depending on the nature of the request;
- to verify your identity, depending on the nature of the request, the Company may also require a valid government issued ID (not expired), email address, and the last 4 (four) digits of your social security number.
The Company cannot respond to your request or provide you with Personal Data if the Company is unable to verify your identity or authority of an agent.
The Company shall acknowledge receipt of your request within 10 (ten) business days of receipt. The Company shall respond to a verifiable consumer request within 45 (forty-five) days of receipt. If the Company requires more time, the Company will inform you of the reason and extension period in writing. Written responses may be provided electronically or via your VSWN account.
Disclosures provided will cover a 12 (twelve) month period preceding the receipt of the verifiable consumer request. The Company may charge a fee to process or respond to your verifiable consumer request if it is excessive, repetitive, or unfounded. If the Company determines that the request warrants a fee, the Company will inform you why the Company made the decision and provide you with a cost estimate before completing your request.
The Company does not sell California residents’ personal information.
NEVADA PRIVACY RIGHTS
Nevada law permits Users who are Nevada consumers to request that their personal data not be sold (as defined under applicable Nevada law), even if their personal data is not currently being sold. Requests may be sent to firstname.lastname@example.org, and are free of charge.
EU AND UK PRIVACY RIGHTS
EU and UK privacy law provides individuals with enhanced rights in respect of their Personal Data, such as:
- the right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you;
- the right to request restriction of processing of Personal Data or object to processing of Personal Data carried out pursuant to (i) a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (ii) performance of a task in the public interest;
- in certain circumstances, the right to data portability, which means that you can request that the Company provides certain personal data the Company holds about you in a machine-readable format; and
- in certain circumstances, the right to request deletion or removal of certain Personal Data the Company processes about you.
YOUR CHOICES ABOUT HOW THE COMPANY COLLECTS, USES AND DISCLOSES YOUR PERSONAL INFORMATION
You can choose not to provide the Company with certain personal information, how the Company communicates with you, and how the Company processes certain personal information.
You may decline to provide the Company with certain information which may result in you being unable to access and/or use certain features of the VSWN Services because such information is required in order for you to access and/or use those Services.
You may set your browser to refuse some or all cookies and you may also opt out of Google Analytics by visiting the Google Analytics opt-out page.
You may opt out of receiving marketing emails from the Company using the opt-out link provided in the Company emails or other instructions provided in any email message received from the Company. You can also send the Company an email to email@example.com, by including “Opt-out” in the subject line and in the body of the email include your name and email address used to sign up for communications. If you are a registered User, the Company may continue to send you other transactional and relationship email communications, such as emails about your account, orders, administrative notices and surveys.
You can limit or prevent the Company’s ability to receive location information from you, you can deny or remove permission for certain Services to access location information or deactivate location services on your device. Please refer to your device manufacturer or operating system instructions for instructions on how to do this.
You may also delete and deactivate your account with the Company at any time. If you do so, your profile will no longer be accessible to you. If you later choose to have an account on the VSWN Platform, you will have to sign up for a new account as none of the information you previously provided or saved within your account will have been saved.
To determine the appropriate retention period for your Personal Data, the Company will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which the Company use your Personal Data and whether the Company can achieve those purposes through other means, and the applicable legal requirements. In some circumstances the Company may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.
SECURITY RELATING TO PERSONAL DATA
The Company uses reasonable and appropriate physical, technical, and organizational safeguards designed to ensure the security of the Company systems and protect your personal information. The safeguards include:
- the encryption of personal data where the Company deems appropriate;
- taking steps to ensure Personal Data is backed up and remains available in the event of a security incident; and
- periodic testing, assessment, and evaluation of the effectiveness of the Company safeguards.
You use the Services at your own risk. Although the Company take steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, no internet or email transmission is ever fully secure or error free. In particular, emails sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to the Company via email. Please keep this in mind when disclosing any Personal Data to the Company via the internet.
The Company cannot control the actions of other Users with whom you may choose to share information. Therefore, the Company cannot, and do not, guarantee that information or content posted by a User on or through the Services will not be viewed by unauthorized persons. The Company is not responsible for circumvention of any privacy settings or security measures contained on the Services or Social Media Services. The Platform takes measures to protect its data that contains information related to you. However, as a consideration for viewing the Platform or interacting with it in any manner, you waive all claims of any nature against the Company concerning loss, alteration, or misuse of information. You must assume that it is possible for your Personal Data to be obtained by others, such as “hackers”, and used in an inappropriate manner that may cause you harm. You agree that the Company is not responsible for any damages you may suffer as a result of unauthorised access to or dispersal or use of your Personal Data.
The Company uses third-party service providers to help verify your identity and age and to check the authenticity of identification documents you provide to the Company, to ensure that the Company does not offer our Services to or collect Personal Data from anyone under 18 or anyone using false identity.
The Company employs third-party service providers to help verify your identity and age and to check the authenticity of documents you provide using facial recognition technology. The facial recognition technology creates a mathematical representation of your face and detects facial features from the live scan of your face, your selfie, and the government-issued ID you submit or previously submitted to the Company. This biometric information under the laws of certain states and countries, is not shared by our service providers, and is deleted by our service providers 7 (seven) days after its creation.
Your biometric information will be used to:
- verify you are a real, live person and to prevent the use of methods which would allow a User to identify as someone else;
- to match your selfie with your government-issued identification you submit or previously submitted to the Company to make sure that nobody is impersonating you; and
- to confirm your age.
The Company may disclose your biometric information, face scan, selfie and government-issued identification to employees, directors, shareholders, members and affiliates of the Company, including third party service providers. The Company may perform facial recognition and collect your biometric information from your face scan, selfie and any government-issued identification, and use your biometric information for the above purposes.
Biometric information shared by our service providers with the Company will be stored for as long as you are a User. The Company will delete your biometric information within 3 (three) years of you deleting your VSWN account or withdrawing consent, subject to any legal obligations the Comapny may have.
You will be asked to provide your consent to biometric processing. You may withdraw your consent to this processing at any time by contacting the Company at admin@VSWN.org. Withdrawing your consent will not affect the lawfulness of any collection, use, processing or disclosure that occurred prior to the withdrawal.
UNDER THE AGE OF 18
Anyone under the age of 18 is not permitted to use the Services, and the Company does not knowingly collect information from children under the age of 18. By using the Services, you represent that you are 18 years of age or older.
PUBLICLY POSTED INFORMATION
LINKS TO OTHER WEBSITES
EU AND INTERNATIONAL USERS
CONTACT THE COMPANY