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FAVER, INC.

 

PRIVACY POLICY REGARDING CONTENT,

INFORMATION COLLECTION AND USE; 

COMMUNITY GUIDELINES AND RESTRICTED CONTENT;

COPYRIGHT INFRINGEMENT PROCEDURE

PRIVACY CONTENT POLICY

 

We want you to feel safe using FAVER, which is why we encourage you to let us know if content or comments on the site violate your privacy or sense of safety.

If someone has posted your personal information or uploaded content (photos or a video of you) without your consent, you should contact the uploader first and ask them to remove the content. If you can’t reach an agreement with the uploader, or if you’re uncomfortable contacting them, you can request to have the content removed.

For content to be considered for removal, an individual must be uniquely identifiable. If you want to file a Privacy Complaint with FAVER, make sure that you are uniquely identifiable within the content you seek to report before proceeding. When assessing if an individual is uniquely identifiable, we consider the following factors:

  • Image or voice
  • Full name
  • Financial information
  • Contact information
  • Other personally identifiable information

When you report a Privacy Complaint, we consider public interest, newsworthiness, and consent as factors in our final decision.

For content to be considered for removal, an individual must be uniquely identifiable by image, voice, full name, government identification number, bank account number, contact information (e.g. home address, email address), or other uniquely identifiable information. We also take public interest, newsworthiness, and consent into account when determining if content should be removed for a privacy violation. FAVER reserves the right to make the final determination of whether a violation of its privacy guidelines has occurred.

To be considered uniquely identifiable, there must be enough information in the content that allows others to recognize you. Please note that just because you can identify yourself within the content, it does not mean you are uniquely identifiable to others. A first name without additional context or a fleeting image, for example, would not likely qualify as uniquely identifiable.

Removal Process

If you believe your privacy has been violated, please first contact the FAVER uploader you feel has violated your privacy to request removal of the offending content before submitting a Privacy Complaint to FAVER. To email a FAVER uploader: 

  1. Go to the FAVER Account you want to email.
  2. Select the “About” tab of their account to see the uploader’s email address. If you don’t see an email address, that means that the account owner didn’t provide one.
  3. Use the email to send a message to the account owner.

If, after attempting to contact the FAVER uploader regarding a privacy issue, the matter isn’t resolved to your satisfaction or you haven’t been able to email the uploader because no email address has been provided by the uploader, you may file a Privacy Complaint with FAVER at info@faver.it.

Your privacy complaint must state the following:

  1. Your legal first and last name.
  2. Your country of residence.
  3. Your email address.
  4. The URL of the FAVER account that is revealing your personal information.
  5. The URL(s) of the content in question.
  6. Which of the following apply:

My image is shown

My full legal name is shown

My voice is being broadcast

My child is shown

Other personal information revealed

 

  1. Where the questionable content appears:

Within the title or content description

Within a photo or video

Within the account home page background

 

  1. A brief description of the questionable personal information that is being revealed. Image or full name refers to still images, audio and footage or text that uniquely identifies you. Personal information refers to an individual’s contact information (e.g., home address, email address), identification information (e.g., social security number or national identification number), financial information (e.g., credit card number), or other personal identification information.
  2. Where in the content does the questionable content appear? (example 1:15) If it appears for a duration of the content or video please indicate that (example 2:16-3:40).
  3. Whether the questionable content has been copied from your own FAVER account.
  4. Any additional information regarding your appearance or actions that differentiate you from others in the content reported. This information will not be forwarded to the uploader, and will be only reviewed by FAVER.
  5. Your privacy complaint must contain the following statement:

“I have good faith belief that this content violates my privacy. I represent that the information in this notification is true and correct.”

First-party claims are required. We do not accept claims made on behalf of third parties except in the following situations:

  • the individual whose privacy is being violated does not have access to a computer
  • the individual whose privacy is being violated is a vulnerable individual
  • the claim is being made by the parent or legal guardian of the individual whose privacy is being violated
  • the claim is being made by a legal representative for the individual whose privacy is being violated

We will not accept privacy complaints filed on behalf of:

  • other family members (e.g., husband, wife, cousin, brother, sister)
  • co-workers or employees (individuals must submit a report themselves)
  • a company

Tips on filing a complete privacy complaint

  • Please be clear and concise so that the FAVER Team can identify you within the content or video.
  • Use time stamps to indicate only one or two places where you clearly appear in the content or video.
  • In the description area, please specify what you are wearing or doing that differentiates you from others within the content or video.
  • Make sure you’ve included the content or video URL in your report. You are not required to submit a URL if you are reporting an entire account.
  • If you are reporting a comment made in the comments section of content or a item, please note this in the description area. Include the commenter’s username in the username field.

Receiving notice of a privacy violation

FAVER may provide the uploader an opportunity to remove or edit the private information within your content or video. In this case, we will email the uploader about the potential violation and allow you 48 hours for the uploader to take action on the complaint. If the uploader removes the alleged violation from the site within the 48 hours, the complaint filed will then be closed. If the potential privacy violation remains on the site after 48 hours, the complaint will be reviewed by FAVER Team.

If .you are an uploader and we remove your content for a privacy violation, please do not upload another version featuring the same people. These individuals will likely file another privacy complaint or report you for harassment. We are serious about protecting our users and suspend accounts that violate people’s privacy.

How can the uploader address the complaint?

  • The uploader can remove the reported content completely from the site.
  • If someone’s full name or other personal information is listed within the title, description, or tags of your content, the uploader can edit this out.
  • The uploader can blur the faces of individuals who appear in the content or a video.  

Incomplete methods of removal are not acceptable, and include:

  • Making content private, as the uploader can change the status from private to public at any time. 

Information About You That FAVER Collects

We collect information when you create an account and use FAVER. We also collect information you share with us from third-party social network providers, and technical and behavioral information about your FAVER use. We also collect information contained in the messages you send through FAVER and information from your phone book, if you grant us access to your phone book on your mobile device. 

We may receive information about you from other sources, such as social media, third-party services, other FAVER users, and other publicly available information.

We automatically collect certain information from you, including information regarding your use of FAVER that you generate through and broadcast on FAVER, information from messages sent through FAVER, metadata, your IP address, geolocation-related data, unique device identifiers, browsing and search history, and cookies.

We use the information we collect to fulfill and enforce our Terms of Service, improve and administer the FAVER’s products, services and functions, provide you suggestions, promote FAVER, and customize your ad experience.

We are committed to maintaining your trust, and while FAVER does not sell personal information to third parties, we may share the information we collect for business purposes with service providers and business partners, and for legal reasons. We may share information for other purposes pursuant to your consent. If you access third-party services, such as Facebook or Google to login to FAVER, or to share information about your FAVER usage, these third-party services may be able to collect information about you, including information about your FAVER activity, in accordance with their privacy policies.

By engaging in public activities on FAVER, you should be aware that any information you share may be read, collected, or used by other users. You should use caution in disclosing personal information while engaging. We are not responsible for the information you choose to share.

You may submit a request to access or delete the information we have collected about you by sending your request to us at the email or physical address provided in the Contact section at the bottom of this policy. We will respond to your request consistent with applicable law and subject to proper verification. And we do not discriminate based on the exercise of any privacy rights that you might have.

You may be able to refuse or disable cookies by adjusting your browser settings. Because each browser is different, please consult the instructions provided by your browser. If you choose to refuse, disable, or delete Cookies, some of the functionality of the Platform may no longer be available to you.  Without this information, we are not able to provide you with all the requested services, and any differences in services are related to your information.

We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.

 

California Residents

If you are a California resident, once a calendar year, you may be entitled to obtain information about personal information that we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information, as well as the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To request a notice, please submit your request to info@faver.it.

FAVER users who are California residents and are under 18 years of age may request and obtain removal of user content they posted by emailing us at info@faver.it.  All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the User Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information. Please note that your request does not ensure complete or comprehensive removal of the material. For example, materials that you have posted may be republished or reposted by another user or third party.

Changes

We may update this Privacy Policy from time to time. When we update the Privacy Policy, we will notify you by updating the “Last Updated” date at the top of this policy and posting the new Privacy Policy and providing any other notice required by applicable law. We recommend that you review the Privacy Policy each time you visit the Platform to stay informed of our privacy practices.

Contact: Brandon Towner, CEO

Questions, comments and requests regarding this policy should be addressed to:

Mailing Address: 1881 Traverse Parkway

Suite E #447

Lehi, UT 84043

Email Address: info@faver.it

 

COMMUNITY GUIDELINES; RESTRICTED CONTENT

Sexual Content

Explicit content meant to be sexually gratifying (like pornography) is not permitted on FAVER, nor is content portraying violent, graphic, or humiliating fetishes. Sexually explicit content featuring minors and content that sexually exploits minors is not allowed on FAVER. Items containing any of this content will be removed. If you find content that violates this policy, please report it. 

Don’t post content on FAVER if it has any of the items below.

  • Depiction of genitals, breasts, or buttocks (clothed or unclothed) for the purpose of sexual gratification
  • Pornography depicting sexual acts, genitals, or fetishes for the purpose of sexual gratification
  • Masturbation or fondling of genitals, breasts, or buttocks
  • Using or displaying sex toys to provide viewers with sexual gratification
  • Celebrity wardrobe accidents or nude photo leaks
  • Violent, graphic, or humiliating fetish content where the purpose is sexual gratification
  • Nudity or partial nudity for the purpose of sexual gratification
  • Explicit or implied depiction of sex acts for the purpose of sexual gratification
  • Animated sex acts, pornography, or fetish content
  • Non-consensual sex acts or unwanted sexualization
  • Bestiality or promotion of bestiality
  • Incest or promotion of incest
  • Aggregating content for the purpose of sexual gratification
  • Any sexual content involving minors
  • Please note this is not a complete list.

Age restricted Content

We may age-restrict content if it includes nudity or other sexual content but doesn’t depict anything described above. We consider the following when determining whether to age-restrict or remove content.

  • Whether breasts, buttocks or genitals (clothed or unclothed) are the focal point of the image
  • Whether the subject is depicted in a pose that is intended to sexually arouse the viewer
  • Whether the language used in the image is graphic or lewd
  • Whether the subject’s actions in the image invite sexual activity, such as by kissing, provocative dancing, or fondling
  • Whether the clothing would be generally unacceptable in public contexts, such as lingerie
  • Whether sexual imagery or audio has been blurred, masked, or obscured
  • Whether sexual imagery or audio is fleeting or prolonged in the content

Please note this is not a complete list.

Hate Speech; Hateful Content 

Our products are platforms for free expression. But we don’t support content that promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, caste, sexual orientation, or gender identity, or content that incites hatred on the basis of these core characteristics. 

Hate speech is not permitted on FAVER. We remove content promoting violence or hatred against individuals or groups based on any of the following attributes (“Protected Group Status”):

  • Age
  • Disability
  • Ethnicity
  • Gender Identity and Expression
  • Nationality
  • Race
  • Immigration Status
  • Religion
  • Sex/Gender
  • Sexual Orientation
  • Victims of a major violent event and their kin
  • Veteran Status

Don’t post content on FAVER if the purpose of that content is to do one or more of the following.

  • Encourage violence against individuals or groups based on any of the attributes noted above. We don’t allow threats on FAVER, and we treat implied calls for violence as real threats. 
  • Incite hatred against individuals or groups based on any of the attributes noted above.

Harassment, Threats, Cyberbullying

Content that threatens individuals is not permitted on FAVER. We also do not allow content that targets an individual with prolonged or malicious insults based on intrinsic attributes, including their Protected Group Status or physical traits. It’s not ok to post abusive images and comments on FAVER. If harassment crosses the line into a malicious attack it can be reported and may be removed. In other cases, users may be mildly annoying or petty and should be ignored.

Things like predatory behavior, stalking, threats, harassment, intimidation, invading privacy, revealing other people’s personal information, and inciting others to commit violent acts or to violate the Terms of Use are taken very seriously. Anyone caught doing these things may be permanently banned from FAVER.

If specific threats are made against you and you feel unsafe, report it directly to your local law enforcement agency.

Don’t post content on FAVER if it fits any of the following descriptions:

  • Content that features prolonged name-calling or malicious insults (such as racial slurs) based on their intrinsic attributes. These attributes include their Protected Group Status, physical attributes, or their status as a survivor of sexual assault, domestic abuse, child abuse etc.
  • Content uploaded with the intent to shame, deceive or insult a minor. A minor is defined as a person under the legal age of majority. This usually means anyone younger than 18 years old, but the age of a minor might vary by country.

Top of Form

Violent or Graphic Content

It’s not okay to post violent or gory content that’s primarily intended to be shocking, sensational, or gratuitous. If posting graphic content in a news or documentary context, please be mindful to provide enough information to help people understand what’s going on in the content. Don’t encourage others to commit specific acts of violence.

Violent or gory content intended to shock or disgust viewers, or content encouraging others to commit violent acts are not permitted on FAVER.

If you believe anyone is in imminent danger, you should reach out to your local law enforcement agency to report the situation immediately.

If you find content that violates this policy, please report it. 

Don’t post content on FAVER if it fits any of the descriptions noted below.

  • Inciting others to commit violent acts against individuals or a defined group of people
  • Fights involving minors
  • Footage, audio, or imagery involving road accidents, natural disasters, war aftermath, terrorist attack aftermath, street fights, physical attacks, sexual assaults, immolation, torture, corpses, protests or riots, robberies, medical procedures, or other such scenarios with the intent to shock or disgust viewers
  • Footage or imagery showing bodily fluids, such as blood or vomit, with the intent to shock or disgust viewers.
  • Content where there is infliction of unnecessary suffering or harm deliberately causing an animal distress. 
  • Content where animals are encouraged or coerced to fight by humans
  • Dramatized or fictional footage of anything listed above where the viewer is not provided with enough context to determine that the footage is dramatized or fictional
  • Footage of corpses with massive injuries, such as severed limbs

Please note this is not a complete list.

Spam, Misleading Metadata, Scams


Don’t create misleading descriptions, tags, titles, or thumbnails in order to increase views. It’s not okay to post large amounts of untargeted, unwanted or repetitive content, including comments and private messages.

Do not post content on FAVER if it fits any of the descriptions noted below.

  • Item Spam: Content that is excessively posted, repetitive, or untargeted and does one or more of the following:
    • Promises viewers they’ll see something but instead directs them off site.
    • Gets clicks, views, or traffic off FAVER by promising viewers that they’ll make money fast.
    • Sends audiences to sites that spread malware, try to gather personal information, or other sites that have a negative impact.
  • Misleading Metadata or Thumbnails: Using the title, thumbnails, description, or tags to trick users into believing the content is something it is not.
  • Manipulated Media: Content that has been technically manipulated or doctored in a way that misleads users (beyond clips taken out of context) and may pose a serious risk of egregious harm.
  • Scams: Content offering cash gifts, “get rich quick” schemes, or pyramid schemes (sending money without a tangible product in a pyramid structure).
  • Voter Suppression: Content aiming to mislead voters about the time, place, means or eligibility requirements for voting.
  • Suppression of Census Participation: Content aiming to mislead participants about the time, means or eligibility requirements for participating in a census. 
  • Candidate Eligibility: Content that advances false claims related to the technical eligibility requirements for current political candidates and sitting elected government officials to serve in office. Eligibility requirements considered are based on applicable national law, and include age, citizenship, or vital status.
  • Incentivization Spam: Content that sells engagement metrics such as views, likes, comments, or any other metric on FAVER. This also includes content where the only purpose is to boost subscribers, views, or other metrics (e.g. offering to trust or follow, another creator’s account solely in exchange for them trusting your account, also known as “Sub4Sub” content).
  • Comments Spam: Comments where the sole purpose is to gather personal information from viewers, misleadingly drive viewers off FAVER, or perform any of the prohibited behaviors noted above.
  • Repetitive comments: Leaving large amounts of identical, untargeted or repetitive comments.

Keep in mind that this isn’t a complete list.

Note: You’re allowed to encourage viewers to subscribe, hit the like button, share, or leave a comment.

 

Impersonation


Accounts that are established to impersonate another account, profile or individual may be removed under our impersonation policy. Content intended to impersonate a person or account is not permitted on FAVER. FAVER also enforces trademark holder rights. When an account, profile, or content in the account, causes confusion about the source of goods and services advertised, it may not be allowed.

If you see content that violates this policy, please report it.

Don’t post content on FAVER if it fits any of the descriptions noted below. 

  • Account impersonation: An account that copies another account’s profile, background, or overall look and feel in such a way that makes it look like someone else’s account. The account does not have to be 100% identical, as long as the intent is clear to copy the other account.
  • Personal impersonation: Content intended to look like someone else is posting it.

Copyright and Trademark

Respect copyright and trademark. Only upload content that you created or that you’re authorized to use. This means do not upload images and items you didn’t make, or use content in your items that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or items made by other users, or use trademarks owned by others, without necessary authorizations. If you feel your copyright has been infringed by content uploaded to FAVER, please see the detailed Copyright Infringement Procedure outlined below.

Vulgar Language

Some language is not appropriate for younger audiences. Use of sexually explicit language or excessive profanity in your items or associated metadata may lead to the age-restriction of your item.

Inactive Accounts Policy

In general, users are expected to be active FAVER members. If an account is found to be overly inactive, the account may be removed by FAVER without notice. Inactivity may be considered as:

  • Not logging into the site for at least six months
  • Never having uploaded items, asked or sent a “Faver”, “Faved” or “Bucketed” items, or created any custom lists 

Not actively partaking in sharing saving or reviewing on items 

Encouraging Terms of Service Violations

If you post content that encourages other users to violate our Terms of Service, the content may be removed, your account may be penalized, and in some cases your account may be terminated.

If you find content that violates these policies, please report it. 

What happens when content violates these Community Standards Policies

If your content violates these Community Standards Policies, we’ll remove the content and send you an email to let you know. If this is your first time violating our Community Guidelines, you’ll get a warning with no penalty to your account. If  it is not, we will issue a strike against your account. If you get 3 strikes, your account will be terminated. 

Community Guidelines strike basics

Community Guidelines strikes are issued when our reviewers are notified of a policy violation of the rules for how to behave on FAVER, or the Community Guidelines.

Sometimes, content is removed for reasons other than Community Guidelines violations, such as a first-party privacy complaint or a court order. In these cases, the uploader won’t get a strike.

What happens if you get a strike

If a strike is issued, we’ll let you know by email, through notifications on mobile and desktop. We’ll also tell you:

  • What content was removed
  • Which policies it violated (for example adult content or violence)
  • How it affects your account
  • What you can do next

If your content violates our Community Guidelines, here’s how it affects your account:

Warning

We understand mistakes happen and you don’t mean to violate our policies — that’s why the first violation is only a warning. Note that you’ll only be warned once, and this warning will remain on your account. The next time your content is found to violate the Community Guidelines you’ll get a strike.

First Strike

If we find your content doesn’t follow our policies for a second time, you’ll get a strike.

This means you won’t be able to do the following for one week:

 

  • Create custom items
  • Write reviews on existing items
  • Trust(follow) other users
  • Edit existing items created by you

Full privileges will be restored automatically after the 1-week period, but your strike will remain on your account for ninety (90) days.

Second Strike

If you get a second strike within the same 90-day period as your first strike, you will not be able to post content for two (2) weeks. If there are no further issues, full privileges will be restored automatically after the 2-week period, but each strike expires 90 days from the time it was issued.

Third Strike

Three strikes in the same 90-day period will result in your account being permanently removed from FAVER. Also, note that each strike expires in ninety (90) days from the time it is issued and that deleting the content will not remove your strike.

What to do if you get a strike

We want to help you stay on FAVER, so please:

  1. Learn about our Community Guidelines to make sure your content follows our policies.
  2. If your account got a strike, and you think we’ve made a mistake, let us know. 
  3. FAVER also reserves the right to restrict a creator’s ability to create content at its discretion. If your account has been restricted from FAVER or from using any FAVER features, you’re prohibited from using another account to get around these restrictions on FAVER. This applies for as long as the restriction remains active on your account. Violation of this restriction is considered circumvention under our Terms of Service, and may result in termination of your account.

 

COPYRIGHT INFRINGEMENT PROCEDURE

Our copyright policy is part of our Community Standards but reporting copyright violations is specifically governed by the United States Digital Millennium Copyright Act (DMCA), outlined below.

If your copyright-protected work was posted on FAVER without authorization, you may submit a copyright infringement notification that is compliant with the – see below. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit. The copyright infringement notice must be submitted in writing by the copyright owner or an agent authorized to act on the owner’s behalf and emailed or mailed to our DMCA agent:

 

David Hardy

Hardy Venture Law

david@hardyventurelaw.com 

50 W Broadway, Suite 300

Salt Lake City, UT 84101

 

To be compliant, the copyright infringement notice you send us must contain the following information:

  • A physical or electronic signature of the owner or a person authorized to act on the copyright owner’s behalf.
  • Identification of the owner’s copyrighted work that is claimed to be infringed.
  • Identification of:
    • the material that is claimed to be infringing, for material stored by the service provider; or
    • the URL reference or link to material or activity claimed to be infringing, if the service provider is referring or linking users to an online location containing infringing material or activity.
  • The complaining party’s contact information.
  • A statement that the complaining party has a good faith belief that the infringing material is not authorized by the copyright owner, the copyright owner’s agent or law.
  • A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

If FAVER finds your DMCA takedown notice is compliant with the requirements of the DMCA, the alleged infringing content will be taken down and notice of claimed infringement sent to the uploader. If the uploader provides FAVER a statement meeting the requirements of the DMCA that it has authorization to upload and post the content, the content will be restored and you will receive notification of this restoration. If you wish to further pursue your copyright infringement claim, it is then up to you to take requisite legal action against the alleged infringer.

The name you enter as copyright owner in your DMCA takedown notice will be published on FAVER in place of the turned off content. If you can give us a valid legal alternative, such as a company name or the name of an authorized representative, we’ll review and apply it if appropriate. The name will become part of the public record of your request, along with your description of the work(s) allegedly infringed. All other information, including your full legal name and email, are part of the full takedown notice, which may be given to the uploader.

If you choose to submit a copyright takedown request, remember that you’re starting a legal process.