Updated: 28th March 2023

Shift Holdings ltd (a company registered in England with registered number 13524158) (“us”, “our”, “we”, “Shift Holdings ltd”) is the controller of your personal data collected through our website. Shift Holdings ltd is committed to protecting and respecting your privacy.

This privacy policy (the “Policy”) sets out the types of personal data we collect and use when you access and visit www.fanvue.com (the “Website”) and how we may use that data.

This Policy explains who we are, why and how we process personal data collected through your use of our Website and, if you are the subject of any of the personal data concerned, what rights you have and how to get in touch with us if you need to.

When you supply any personal data to us we have legal obligations towards you in the way we use that data. For ease of reading, we have divided this Policy into several sections:

1. Introduction

2. What information do we collect?

3. How is your personal data collected?

4. How and why do we use and share your personal data?

5. For how long do we keep your personal data?

6. Security

7. International Data Transfers

8. Your Rights

9. Contact Details

10. Introduction

    It is important that you read this Policy together with any other privacy notice or fair processing notices that we may provide on the Website at or around the time that we collect or process personal data about you (for example, fair processing notices that we may display to you at the time that you sign up to receive e-mail updates from us, or when you use one of our services for the first time) so that you are fully aware of how and why we may use your data

    This Policy supplements other notices on the Website, including our [Website Terms and Conditions / Platform Terms] and our Cookies Policy, and should be read alongside such terms. This Policy is not intended to override or replace these terms.

    By visiting or otherwise using the Website, you agree to our terms (including as amended from time to time) and this Policy. If, for any reason, you do not agree to the terms of this Policy, please stop using the Website.

    We reserve the right to revise, update or amend this Policy at any time to reflect changes to our business or changes in the law. Where these changes are significant we will endeavour to let users of the Website know, most likely by way of showing you a notification when you next log in to the Website. However, it is your responsibility to check this Policy before each use of the Website and to make yourself aware of any changes. For ease of reference the top of this Policy indicates the date on which it was last updated.

    Please note that the Website is not directed at children under the age of 18 (each "Child" or "Children") and we do not knowingly collect personal data about Children. If you believe we have collected personal data about your Child, you may contact us at [email protected] and request that we cease processing data about your Child

11. What information do we collect?

    What is personal data?

    Where this Policy refers to ‘personal data’ it is referring to data about you from which you could be identified – such as your name, your date of birth, your contact details and even your IP address.

    By law all organisations who process your personal data in the UK are obliged to process your personal data in certain ways and to ensure that you are given an appropriate amount of information about how they use it. You also have various rights to seek information from those organisations about how they are using your data, and to prevent them from processing it unlawfully. For more information about these rights, please see the ‘Your Rights’ section of this Policy

    What types of data we collect from you when you use the Website

    The personal data we collect from you depends on precisely what details you volunteer to us as you interact with the Website but may include:

    • Identity Data which includes your name, date of birth, gender and any details included in any identification documents you provide to us (such as your passport, driving licence or similar – which may or may not include health or other special categories of personal data).
    • Contact Data which includes your e-mail address, phone number, billing address and delivery address.
    • Financial Data which, where you provide them, includes your bank account and payment card details.
    • Transaction Data which includes details about payments to and from you and other details or services you have purchased from us or whilst using the Website.
    • Technical Data which includes your IP address, your login data, operating system and browser type and version.
    • Profile Data which includes your username and password, social media account details, your interests, preferences, feedback and survey responses including any personal data contained in content that you upload to the Website.
    • Location Data which includes data about where you access the Website from.
    • Usage Data which includes information about how you use the Website.
    • Audio Visual Data which includes recordings of you and your contributions or uploads to the Website.
    • Marketing and Communications Data which includes your preferences in receiving marketing from us and our third parties including information about the kind of adverts that we believe you are most likely to be interested in.

12. How is your personal data collected?

    Direct interactions with us

    When you use the Website you are likely to provide a certain amount of personal data to us in response to various questions and forms which we present to you as part of the process of setting up your account. This will include Identity, Contact and Financial Data as you will provide us with details about your name and location as part of creating your account and then populating your user profile page.

    Any data about yourself that you provide or volunteer to us and/or upload to the Website (for example: by signing up to the fanvue platform or otherwise completing a registration form;subscribing to a creator profile, publication or newsletter; requesting marketing to be sent to you; participating in social media functions; taking part in an online survey; filling in a form or questionnaire that we present to you; posting a comment or otherwise messaging on theWebsite; entering competitions; or similar activities); when you report a problem with theWebsite; or when you contact us by e-mail, telephone or by post, we may collect, store and use the personal data that you disclose to us.

    Use of the Website

    When you use the Website to interact with other users we will collect both the data that you upload to it (which may be included in messages that you send, or content that you upload)as well as data about how you are interacting with the Website and with other users.

    So, for example, if you send a message to another user we will collect information about the content of that message, as well as the fact that you sent that message to another user. We also collect data about posts or content that you view, and those that you like or approve of(such as where you like a post without actually posting a written message in response).Taken together, this often gives us a fairly detailed picture of what users like to talk about and who they like to talk with.

    Please be aware that we process data about private messages that you send in the same way as messages that you post publicly.

    Where you use the Website to buy paid for services or content, we will collect information about the kind of services or contact that are most frequently of interest to you. This is in addition to the information which we hold that relates to individual financial transactions that you make in relation to services

    Please always remember that most things you post on the Website are publicly viewable. So not only will we collect information about your posts, but other users of the Website will be able to see the information that you have posted as well.

    Automated technologies or interactions

    We will also collect personal data about you and various information about the technology you use through the use of technologies such as cookies when you visit and interact with theWebsite. The following are examples of information we may collect:

    • information about your device, browser or operating system;
    • your IP address;
    • information about links that you click and pages, content or profiles you view on the Website;
    • length of visits to certain pages, content or profiles;
    • subjects you viewed or searched for;
    • page response times;
    • records of download errors and/or broken links;
    • page interaction information (such as details of your scrolling, clicks, and mouse-overs);
    • methods used to browse away from a page; and
    • the full Uniform Resource Locators (URL) click stream to, through and from the Website (including date and time).

    We use the data described above for several different reasons. Firstly, we use it to ensure that the Website works properly, it is secure and that you are able to receive the full benefit of it. Second, we use the data to monitor online traffic and audience participation across theWebsite. We undertake both of these activities because we have a legitimate interest in doing so.

    For more information on this kind of technology and details of the cookies that we use on theWebsite please see our Cookies Policy.

    Third parties or publicly available sources

    We also partner with third parties who may collect anonymous usage or statistical data through your use of the Website (including, for example, business partners, sub-contractors in technical and delivery of services, advertising networks, analytics providers, search information providers, credit reference agencies).

    We may also obtain personal data from other sources where you log into the Website using your Twitter or Google account. In this instance we will obtain personal data such as your username, social media account details, location and IP address from such third parties.

    This website processes the location of IP addresses using GeoLite2 data published by MaxMind, available at https://www.maxmind.com/

    Updating your information

    If you want to update the information you have previously given to us, you can contact us at [email protected].

13. How and why do we use and share your personal data?

    Lawful basis for processing your information

    We will only use your personal data when the law allows us to. Most commonly we will use your personal data in the following circumstances:

    • Where you have asked us to do so, or have otherwise consented to us doing so;
    • Where we need to do so in order to perform a contract we have entered into with with you;
    • Where it is necessary for our legitimate interests (or those of a third party) and your fundamental rights do not override those interests; and
    • Where we need to comply with a legal or regulatory obligation.

    Here are some examples about how we may use the information we collect about you and the lawful basis we rely on to do so.

    Activity	Examples of the types of personal data we may collect	Lawful basis for processing
    To provide you with our services and register you asa new subscriber.	Identify, contact, financial, transactional, technical, profile and marketing communications information.	Performance of a contract with you.
    To process and deliver your orders and subscriptions including:(a) Manage payments, fees and charges(b) Collect and recover money owed to us	Identify, contact, financial,transactional, technical,profile and marketing communications information.	Performance of a contract with you. Necessary for our legitimate interests (to recover debts due to us and creators)
    To make use of the recordings, contributions or uploads you have made on the Website including, but not limited to, distributing, broadcasting and publicising the same.	Identity, contact, profile and audio visual data.	Performance of a contract with you.
    To test new products, track products and services that are popular, develop new ways to work with our customers and manage how we interact with third parties.	Identify, contact, financial,transactional, profile and marketing communications information.	Performance of a contract with you.Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business).
    To obey applicable laws and regulations, manage risk for us and our customers,respond to complaints and seek to prevent crime.	Identify, contact, financial,transactional, profile and usage information.	Necessary for our legitimate interests (for running our business, network security and to prevent fraud).Necessary to comply with our legal / regulatory obligations.
    To manage our relationship with you including notifying you of any changes to the Website or services provided on the Website.	Identity, contact, profile information, transactional and marketing communications information.	To take the necessary steps to arrange a contract with you. Performance of a contract with you.Necessary to comply with our legal / regulatory obligations.Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services).
    To enable you to partake in or complete a survey.	Identity, contact, profile, usage and marketing communications information.	Performance of a contract with you.Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business).
    To administer and protect our business and the Website (including troubleshooting, data analysis, credit and fraud checks and system testing.)	Identity, contact and technical information	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).Necessary to comply with our legal / regulatory obligations.
    To deliver relevant content, newsletters and advertisements (including making suggestions and recommendations to you about content or services that may be of interest) to you via the Website or to otherwise personalise your experience on the Website.	Identity, contact, profile, usage, marketing and communications, transactional and technical information.	Necessary for our legitimate interests (to promote products, surveys and services we offer that you may be interested in). Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).
    To use data analytics to improve and optimise the effectiveness and functioning of the Website, our services, marketing, customer relationships and experiences.	All types of data that we collect.	Necessary for our legitimate interests (in optimising the content of the Website and ensuring that you are served with relevant commercial communications as you use them).
    To respond to your enquiries where you have contacted us via e-mail or telephone or participated in any surveys or reviews.	Identity, contact, marketing communications information and technical information.	Necessary for our legitimate interests (in responding and contacting you regarding the enquiries you have made in relation to the services we offer and reviewing your responses to our surveys).
    To develop new services for our users, and to innovate and improve the services which they use most frequently.	All types of data that we collect.	Necessary for our legitimate interests (for running, developing and growing our business).

    Marketing and Advertising

    We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).

    You will only receive marketing communications from us (such as e-mails or text messages)if you have requested information from us or purchased content, goods or services from us or via the Website and you have not opted out of receiving that marketing at the time of purchase.

    Opting Out of Marketing

    To unsubscribe from marketing messages at any time, please click on the unsubscribe link at the bottom of any marketing messages. You may also contact us directly if you do not wish to receive any marketing materials from us.

    We may retain your e-mail address, or other contact details, on file should you ever ‘opt-out’of receiving marketing messages from us. We will retain your contact details in order to ensure that we continue to honour and respect that opt-out request.

    Sharing your personal data

    Depending on how and why you provide us with your personal data we may share it in the following ways:

    • with any member of our company group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006, including, but not limited to, the following entities;
    • with selected official bodies to prevent and detect fraud or credit risks such as: central and local government bodies, HM Revenue & Customs, regulators and other tax authorities, law enforcement agencies, and fraud protection agencies;
    • with selected third parties who we sub-contract to provide various services and/or aspects of the Website’s functionality, such as where we use third parties to host and/or store data for us or use other IT systems supplied by third parties (see “Service Providers” below);
    • with analytics and search engine providers that assist us in the improvement and optimisation of this Website as described above;
    • with creators of profiles, content and channels that you have subscribed to or are otherwise available for purchase on the Website; and
    • with selected third parties who we contract with to provide professional services such as our insurers, accountants, auditors and lawyers.

    We may also disclose your personal data to third parties in the following events:

    • if we were to sell or buy any business or assets, in which case we might disclose your personal data to the prospective seller or buyer of such business or assets as part of that sale;
    • if Shift Holdings ltd, or substantially all of its assets, are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets;
    • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or if we are compelled to provide your details to a lawful authority in order to aid in the investigation of crime or disorder; and/or
    • in order to enforce or apply the Website’s terms of use or terms and conditions; or to protect the rights, property, or safety of our company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

    Service Providers

    Our service providers provide us with a variety of administrative, statistical, and technical services. We will only provide service providers with the minimum amount of personal data they need to fulfil the services we request, and we stipulate that they protect this data and do not use it for any other purpose. We take these relationships seriously and oblige all of our data processors to sign contracts with us that clearly set out their commitment to respecting individual rights, and their commitments to assisting us to help you exercise your rights as a data subject. For more information on the service providers we use you can contact us at [email protected].

    Links to third party sites

    Where we provide links to third party websites, plug-ins and applications that are not affiliated with the Website such sites are out of our control and are not covered by thisPolicy. If you access third party sites using the links provided, the operators of these sites may collect personal data from you that could be used by them, in accordance with their own privacy policies. Please check these policies before you submit any personal data to those websites.

14. For how long do we keep your personal data?

    We will hold your personal data on our systems only for as long as required to provide you with the services you have requested, including for the purposes of satisfying any legal,regulatory, tax, accounting or reporting requirements. We may retain your personal data fora 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.

    Accordingly, you should expect us to keep your personal data for so long as you have a registered account on the Website (whether that account is actively used or not). If you delete your account then we may need to keep some of the personal data associated with that account, or transactions for services made using it, for up to six years (for the reasons described above).

    In some circumstances you can ask us to delete some or all of your data earlier: see ‘YourRights’ below for further information.

    In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

15. Security

    Shift Holdings ltd takes the protection of your information very seriously. We have put in place appropriate security measure to prevent your personal data from being accidentally lost,used or accessed in an unauthorised way, altered or disclosed, including use of secure servers, encryption and passwords. If you have ever chosen a password, or we have given you one, which enables you to access certain parts of this Website, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.

    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.