Last Updated: July 2023

INTRODUCTION
1. Vivastreet believes in protecting your privacy. This Privacy Policy sets out how we will treat the Personal Data which you provide to us while using the website located at www.vivastreet.co.uk (the "Site") and/or the services provided from it (the "Services").
2. Please read this Privacy Policy carefully and know that we do not sell, share or rent Personal Data to third parties without your consent, except in specific cases described below or unless we are required to do so by law.
3. Your use of the Site means that you have accepted this Privacy Policy. If you are unwilling to be bound by some of the clauses then please do not use the Site. If you register as a User of the Site, or submit personally identifiable information, this indicates that you have read and understood this Privacy Policy and you agreed to its contents.
4. We may change this Privacy Policy from time to time and such changes will take effect from the date and time the revised Privacy Policy is available on the Site. Please regularly visit the Privacy Policy so that you are aware of any modifications or updates. Your continued use of the Site means that you have accepted any modifications or amends.
5. It is important that you read this Privacy Policy together with the Terms and Conditions so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other policies, notices and terms and conditions and is not intended to override them.
6. The Site is intended for audiences over the age of 18 and does not plan or intend to collect data from those under the age of 18. To respect the privacy of underage persons, those under the age of 18 should not provide any data on the Site.
7. Terms not defined herein shall have the meanings given in our Terms and Conditions which can be found at Terms and Conditions. The following defined terms shall have the following meanings:
  - “Anonymous Data” means Personal Data that has been amended to the extent that it no longer contains any identifying information and thus, no longer constitutes Personal Data;
  - “Controller” means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Data are, or are to be, processed as outlined in the Data Protection Legislation.
  - “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
  - “Personal Data” has the meaning given to it in the Data Protection Legislation.
  - “Processor” means any natural or legal person who processes the data on behalf of the Controller.
WHO WE ARE
1. The Site, together with all Content, data and other materials contained therein (save for content uploaded by Registered Users) is owned or controlled by Digital Ventures Services Limited, Westgate House, 9 Holborn, London, EC1N 2LL. Digital Ventures Services Ltd (referred to in the Privacy Policy as "we", "us", "our" or "Vivastreet"). The brands, products and service names used in the Site and the Content (including without limitation, "Vivastreet") are trademarks or trade names of Vivastreet or its affiliates or trading partners unless otherwise stated.
WHO IS THE CONTROLLER OF YOUR PERSONAL DATA?
1. You may browse the Site and provide some Personal Data without registering an account, or you may register an account with us as a user, create a profile to post ads and/or view information about the Services available (the “Registered User”), or where you are an escort, you may create a profile to post ads and/or connect with potential customers via the Site (the “Registered Escort”) (together, the “Users”). In all these circumstances we are the data Controller in respect of any Personal Data provided by Users via the Site or otherwise.
CONTACT INFORMATION:
1. You can contact us by email or telephone if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint. The contact details are shown below.
  - Data controller: Digital Ventures Services Ltd
  - Email: [email protected]
  - Telephone: +44 (0) 203.695.8755 Fax: 0207 292 3390
  - Site: www.vivastreet.co.uk
  - Location: Westgate House, 9 Holborn, London, EC1N 2LL
THE DATA WE COLLECT ABOUT YOU
1. From time to time, we may collect, use, store and transfer different kinds of Personal Data about you, which include but are not limited to, the following categories:
  - Identity Data: means your name.
  - Contact Data: means data that includes your contact information such as your residential address, email address, office address and/ or telephone number.
  - Financial Data: means data that includes your financial details, such as your bank account information and payment card details.
  - Transaction Data: means data that includes details about any payments to and from you relating to Vivastreet and the details of products and/or Services you have purchased from us/other Users.
  - Technical Data may include internet protocol (IP) addresses you may have visited, your login data for Vivastreet, the type and version of browser you are using, the time zone setting and location from which you are accessing the Site, browser plug-in types and versions, which operating system and platform are being used and other technology on the devices you use to access the Site.
  - Profile Data: means your username, password, details of Services you have booked, messages and/or ads you have responded to where you are a User; and/or videos, photographs and messages where you are a Registered Escort.
  - Usage Data: includes information about how you use the Site and our Services such as the full uniform resource locations (URL) clickstream to, through and from the Site (including date and time), pages you viewed or searched for, page response times, download errors, length of visits of certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
  - Marketing and Communications Data includes your preferences in receiving marketing communications from us and/or our third parties and what are your communication preferences.
  - Special Categories of Data (only applicable to Registered Escorts): means the kinds of data recognised by the Data Protection Legislation as being more sensitive in nature than Personal Data. This includes details about your race or ethnicity, sex life, sexual orientation and Biometric Data. Biometric Data includes videos and images of your face which are used to verify you at certain points when you engage with the Site.
2. Where we need to collect Personal Data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or the Services and/or allow you to register as an escort on the Site). In this case, we may have to cancel a product or service you have with us, or reject your Registration application but we will notify you if this is the case at the time of contracting.
3. For the avoidance of doubt, Vivastreet and Digital Ventures Services Ltd accept no liability for any losses arising from their inability to fulfil any contractual requirement as a result of your failure to provide the data required.
HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
HOW WE USE YOUR PERSONAL DATA
1. We will only use your Personal Data when and to the extent permitted by the Data Protection Legislation. Most commonly, we will use your Personal Data in the following circumstances:
  - Where we post on the Site any information that you wish to post as part of using our Services.
  - Where to provide to any other User with whom you have sought to share your Personal Data.
  - Where we need to notify you about changes to our Services.
  - Where we need to contact you about your account and our Services.
  - Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  - Where we need to comply with a legal or regulatory obligation.
  - Where we consider it to be in the interests of our Users (Registered Escorts or otherwise) or in the public interest, we may provide Personal Data to law enforcement to assist them with an investigation. If we believe that you are a victim, we may provide your Personal Data without obtaining your prior consent for your protection.
CONSENT
1. By using our Site, you consent to the collection and use of your Personal Data. If we change our Privacy Policy at any time, these changes will be reflected here, so please regularly check this policy to ensure you are aware of any updates.
VERIFICATION CHECKS
1. In order to become a Registered Escort, and from time to time thereafter, we will ask you to consent to a biometric verification check (a “Verification Check”) to ensure that you are who you say you are. You will be asked to give explicit consent to us processing your Biometric Data in order to verify your age and identity, and to our retention of the Biometric Data provided by you as part of the Verification Check. The Biometric Data that we process is limited to a short video of your face in which you respond to certain prompts such as blinking or turning your head, or one or more photographs.
2. Verification Checks have automated legal effects including that if the Verification Check identifies that you are below the age of 18, your access to the Site will automatically be blocked. We do not believe that there is any bias or discrimination built into the Verification Checks, but we work with our technology providers to review results and ensure that bias does not creep into the technology. Where you believe that the Verification Check has given rise to an incorrect or unfair legal effect, you may challenge this effect and request a review by providing supporting documentation.
3. In addition to processing your Personal Data to carry out the Verification Check, we may also carry out further activities with regards to your Personal Data including without limitation:
  - using your Biometric Data to grade the risk that you are being trafficked, forced to work as an escort and/or otherwise at risk;
  - disclosing your Biometric Data to law enforcement in compliance with our legal obligations; and/or
  - disclosing your Biometric Data to law enforcement where you have been a victim of crime or where we believe that you are at risk.
4. The processing conditions applicable to each of the activities set out in paragraph 9.3 are as follows:
  - Grading risk that you are at risk – substantial public interest in (a) preventing or detecting unlawful acts and (b) safeguarding of individuals at risk.
  - Disclosure to law enforcement in compliance with our legal obligations – substantial public interest in preventing or detecting unlawful acts and/or legal obligation.
  - Disclosure to law enforcement where you are suspected/known to be a victim of crime or we suspect you are at risk – without your explicit consent.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
1. Personal Data will be used by us (and our necessary service providers) to provide you with the Services and other activities associated with them.
2. We have set out below, in a table format, a description of all the ways we plan to use your Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
3. Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your Personal Data where more than one ground has been set out in the table below.
4. We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
5. For the avoidance of doubt, this table is not exhaustive of the ways in which Vivastreet may use your Personal Data and there may be occasions where we require additional information.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a Registered User or Registered Escort

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Special Categories (where you are a Registered Escort)

(a) Performance of a contract with you

(b) Relying on explicit consent

(c) Where you are a Registered Escort, to track and monitor your online behaviour in order to assist law enforcement in their investigations

To provide our Services to you as a Registered User or Registered Escort

(a) Identity

(b) Contact

(d) Transaction

(e) User

(f) Profile

(g) Special Categories (where you are a Registered Escort)

(a) Performance of a contract with you

(b) Where you are a Registered Escort, to track and monitor your online behaviour in order to assist law enforcement in their investigations

To process Service requests and ad responses by unregistered users, Registered Users and/or Registered Escorts:

(a) manage payments, fees and charges; and

(b) collect and recover money owed to us and to Registered Users and/or Registered Escorts

(a) Identity

(b) Contact

(d) Transaction

(e) User

(f) Profile

(g) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us and prevent fraud)

To manage our relationship with you which will include:

(a) notifying you about changes to our terms or Privacy Policy; and

(b) asking you to leave a review or take a survey

(a) Identity

(b) Contact

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how Users use our Site and/or Services, so that we can develop our Services to suit the demands and preferences of those using our Site and/or Services)

To administer and protect our business and the Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant Site Content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(e) Usage

(f) Marketing and Communications

(g) Technical

Necessary for our legitimate interests (to study how Users use our products/Services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve the Site, products/Services, marketing, and User relationships and experiences.

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of Users for our products and Services, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about products or Services that may be of interest to you

(a) Identity

(b) Contact

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

To grade the risk that a Registered Escort is at risk – substantial public interest in (a) preventing or detecting unlawful acts and (b) safeguarding of individuals at risk.

Disclosure to law enforcement in compliance with our legal obligations – substantial public interest in preventing or detecting unlawful acts and/or legal obligation.

Disclosure to law enforcement where you are a victim of crime or at risk – your explicit consent.

Special Categories

(a) substantial public interest in (i) preventing or detecting unlawful acts (ii) safeguarding of individuals at risk.

(b) substantial public interest in preventing or detecting unlawful acts

(d) consent

DISCLOSURES OF YOUR PERSONAL DATA
1. We may share your Personal Data with the parties, including but not limited to those parties set out below, for the purposes set out in the table in paragraph 9 above:
  - External third parties which include processors in the following categories:
    - Payment providers
    - Analytics providers
    - Advertising partners
    - Customer Service providers
  - Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, please note that, in the event we sell our business to any third party, we may share your data with a prospective buyer and their advisors, and we will transfer your data to the buyer for the purposes of continuing to provide the Services to you.
2. We may also disclose your Personal Data if required to do so by law or if we believe that disclosure is necessary to comply with any applicable law or to defend our own rights or property, or to safeguard you or others. This may involve disclosing the information we hold to NUM (National Ugly Mugs) or to enforcement agencies if we believe or suspect that you are using the Site to engage in criminal and/or illegal activity. NUM may also choose to disclose this information to law enforcement agencies or other security service to comply with any applicable law or if they believe doing so will safeguard others.
3. We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.
DATA RETENTION
1. We will only keep your Personal Data for as long as necessary for the purposes for which that Personal Data (including Biometric Data) was given to us.
2. We will only retain your Personal Data for as long as it is reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
3. To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
4. As a general rule, if we are no longer providing services to you, we will delete or anonymise your account data after six (6) years. In respect of Biometric Data (which is only applicable to Registered Escorts), we will retain any Biometric Data whilst you retain a Registered Escort profile on the Site and will delete such Biometric Data no longer than 12 months after you terminate your Registered Escort profile.
5. In some circumstances you can ask us to delete your data. See your legal rights below for further information.
INTERNATIONAL TRANSFERS
1. Please note that, from time to time, we may transfer your Personal Data for internal business purposes to locations outside the European Economic Area (the “EEA”). We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data.
2. Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
  1. where we use certain service providers, we may use specific contracts approved by the European Commission which give Personal Data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of Personal Data to third countries;
  2. where we use providers based in the United States (the “US”), we will procure that SCCs are in place with such providers prior to transferring any Personal Data to them.
OPTING OUT
1. If you have any queries about the Privacy Policy or wish to change your preferences in how we contact you about products and services, please contact us.
2. You can unsubscribe from our marketing emails simply clicking on the link "Unsubscribe" at the bottom of the email.
3. You can delete your profile from the Site by emailing the Customer Services team.
4. If you want to stop using your account temporarily, you may 'deactivate' it. Your data will be saved by us in order for you to re-access it as and when you wish to reactivate, or permanently delete, your profile. We will use reasonable endeavours to delete your data. However, even after you remove your data from your profile or delete your account, copies of your data may still be viewable and/or accessed on the internet to the extent that such data has been previously shared with others, or copied or stored by other users or to the extent that such data has been shared with search engines. We cannot control this, nor do we accept liability or responsibility for this. If you have given third party applications or website access to your Personal Data they may keep that data to the extent that they are allowed to under their own policies.
DATA SECURITY
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
YOUR RIGHTS
1. Under certain circumstances, you have rights under data protection laws in relation to your Personal Data. You have the right to:
  1. Request access to your Personal Data (commonly known as a "data subject access request"). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
  2. Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  3. Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  4. Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  5. Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  6. Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  7. Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. In respect of Biometric Data processed by us in respect of Registered Escorts, a request to withdraw consent to us processing such Biometric Data will not prevent you from continuing to use services as a Registered Escort. However, you will be prompted to complete a Verification Check from time to time. In the event that you do not complete the requested Verification Check (which requires you to give consent for us to process your Biometric Data) you will be unable to continue to use a Registered Escort profile. We would ask that you consider carefully prior to withdrawing consent to us processing your Biometric Data. We carry out Verification Checks to protect our Registered Escort clients, and allowing us to retain Biometric Data from previous Verification Checks helps us protect you.
2. If you wish to exercise any of the rights set out above, please contact us. You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
3. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
4. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
COOKIES
1. Please note that we may use 'cookies' while you access the Site to avoid the need to re-enter details on different occasions and other such purposes. If you do not wish to receive 'cookies', you may change the settings on your computer or browser accordingly.
2. What are Cookies? A cookie is a small file containing information that is sent to your computer when you visit a website. When returning to the website, the cookie allows that site to recognise your browser and permits automation on signing in and registration of information so that the Site is adjusted to your preferences and promotions and marketing are personalised to you. Cookies can store user preferences and other information in order to provide you with a better, faster and safer experience. The use of Cookies permits us to track the use of the Site so that we can improve it. This tracking is never done at individual level and is always done in isolation from your specific identity.
3. Use of cookies by Vivastreet:
  1. We use cookies to help identify you and maintain your signed-in status. They also assist us in diagnosing problems with our server, and to administer the Site.
  2. Most cookies are "session cookies", meaning that they are automatically deleted from your hard drive at the end of a session. Please see clause 15.1(c) above.
  3. If you do not want to reveal the details of your demographics location or other non-identity specific information, you can remove or block cookies using the settings in your browser. Please note but in some cases, this may impact your ability to use Vivastreet and its full range of services.
  4. You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page). Vivastreet is not responsible for the content on other third party sites nor is it responsible for how information is collected on or by those sites.
  5. To find out more about cookies visit:
    - www.allaboutcookies.org
    - Click here to view Vivastreet's Cookie list and to find out more about how to minimise the number you receive.
4. What is a session cookie?