You should read this policy in full, but here are the key points:
- When you download vTag or use our services or website, you may share certain personal information with us - such as your phone number date of birth, possibly your email address and so on.
- In addition, we also collect a variety of information about how you use our website and vTag app - such as details of the device you are on, your IP address, how long you’re on the service and so on.
- We need to collect, store, and process this personal data in order to provide a safe, reliable and legal service and to understand how our website and app are used, so we can make them better.
- We do not routinely view or listen to any vTags (avatar messages) that you create or upload. But we can and do moderate vTags if we suspect they breach our Acceptable Use Policy or Community Guidelines.
- We do all we can to protect and safeguard your data, keeping it for the minimum time necessary. You can ask to see your data and ask for it to be rectified or deleted, although deletion would result in you no longer being able to use our service.
The data we collect about you
The personal information we collect about you falls into two main categories – information you give us (such as your email address, phone number or your date of birth) and information we collect from your use of our app, or website or services from third parties (such as which destinations you visit or your IP address).
Why we collect it
We need to collect, store and process this information so we can provide a safe, reliable and legal service, and to understand how vTag and our website are used so we can make them better. Broadly, the categories of data we collect and store are for:
- safeguarding and moderation of our services
- enhancing user engagement and experience
- providing functionality
How we use it
We use your information for two reasons. Firstly, to allow us to provide a safe, reliable and legal service and to understand how vTag and our website are used. This is part of your contract with us when you accept our terms and conditions and if you do not agree to this then you will not be able to and should not try to access our services or app.
The other use of your data, provided you give us specific consent, is for marketing purposes such as newsletters or competitions. You may withdraw this consent at any time and still continue to use our services, subject to this privacy notice and our terms and conditions.
Do we share or disclose it?
We never sell your information to third parties. However, like most other internet-based services, we use third-party service providers (such as Amazon Web Services, Google Analytics and Facebook) to either host our services or provide additional functionality to our services or marketing.
Where and how is it stored?
vTag is a global service. Your information may be stored and processed at times on servers outside of the European Union, typically in the USA. The data protection and other laws of the United States and other countries might not be as comprehensive as those in the European Union, but please be assured that we take steps to protect your privacy.
Read more here
Managing your information
You can ask us at any time to disclose to you or correct what data we hold on you by emailing data@vTime.net, or you can download your data through the vTag app on the Settings and Privacy page. Also, you can ask us to delete your data, but once deleted your account will be deactivated and you will not be able to access our Application. If you delete your own account, your data will automatically be deleted.
If you have given consent to receive marketing, or for us to use your data for marketing purposes, you may withdraw that consent at any time by using the Update Preferences or Unsubscribe link at the bottom of any email we send you, or here. You will continue to have access to our services subject to this privacy notice and our terms and conditions.
The minimum age for using vTag is 13.
If you are under 13, STOP! You are not permitted to use this App.
1. IMPORTANT INFORMATION AND WHO WE ARE
The Application, vTag, and related services are not intended for children (anyone under 13 years of age for this purpose) and we do not knowingly collect data relating to children under 13. You may from time to time be requested to verify your age as set out in our Age Verification Policy which can be found in our terms and conditions.
Our full details are:
- Company name: vTime Limited
- Name and title of privacy manager: Stephen Houston, General Counsel and Director
- Email address: data@vTime.net
- Postal address: 27 Parliament Street, Liverpool, UK. L8 5RN
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
This version was last updated on October 19th, 2020 and historic versions can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, last name, username or similar identifier, title, and date of birth.
- Face Data includes your facial expressions as you use record feature in the Application. This data is only collected from users with an iPhone which has this feature. To collect face data, vTag uses the TrueDepth Camera, if your device has one, and accesses the subsequently generated face data through the Apple TrueDepth API. (Please note: this generated data is not the same as Face ID, which is used to unlock the device, and cannot be used for such purposes.) The Application collects this data to animate the head and face of your vTag avatar to mimic your real-world head and face movements when you record a vTag.
- Location Data includes your device location as you use the Application and, if you elect to turn on background location tracking in the Application, while you are not directly interacting with the Application, including how you move around, when and where you make a vTag message and where and to whom you send it or locate it, and when and where you retrieve a message. We need to know your location if you are proposing to locate a message, or vTag, geographically and we need to know where you wish to locate it geographically, if that is your intention, so that it locates in the right place and persists for you or others to retrieve and view it. We identify your location using several technologies, including GPS, WIFI and mobile/cell tower triangulation.
- Contact Data includes your phone number and email address.
- Technical Data includes internet protocol (IP) address, your login data, device type and version, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Application and related services and website.
- Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
- Usage Data includes when and where you log on to our apps, what device you use, who you speak or message with, your friends list and how long you spend on the apps.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you (such as our terms and conditions) 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 the vTime services through the Application). In this case, we may have to cancel the services you have with us, but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity Data and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- create an account on our apps, services or website;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
- Location data. As you use the Application, we collect your location data, and if you elect to turn on background location tracking in the Application, we collect your location data while you are not directly interacting with the Application, including how you move around, when and where you make a vTag message and where and to whom you send it or locate it and when and where you retrieve a message. We need to know your location if you are proposing to locate a message, or vTag, geographically and we need to know where you wish to locate it geographically, if that is your intention, so that it locates in the right place and persists for you or others to retrieve and view it. We identify your location using several technologies, including GPS, WIFI and mobile/cell tower triangulation.
- Face Data. vTag uses the TrueDepth Camera, if your device has one, and accesses the subsequently generated face data through the Apple TrueDepth API on iPhone models which have this hardware feature. (Please note: this generated data is not the same as Face ID, which is used to unlock the device, and cannot be used for such purposes) The Application collects this data to animate the head and face of your vTag avatar to mimic your real-world head and face movements when recording a vTag. This data, in the form of avatar face and head movements mimicking your real-wolrd head and face movements, is stored in the created vTag, which in turn is stored on our servers or those of our service providers, in both the European Union and outside the European Union, typically in the USA. It can be played back by the creator or any authorised user - i.e. the intended recipients of the vTag. We hold and store this face data in the vTag for the lifetime of the creator's account or until that specific vTag is deleted. Once a vTag or account is deleted, the associated face data is also permanently deleted.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
Technical Data from the following parties:
- analytics providers such as Google or Facebook
- search information providers such as Google
- platform holders, such as Apple
4. HOW WE USE YOUR PERSONAL DATA
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 we need to perform the contract we are about to enter into or have entered into with you through our terms and conditions.
- 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.
The types of lawful basis that we will rely on to process your personal data are set out in the table below.
Generally, we do not rely on consent, or consent alone, as a legal basis for processing your personal data other than in relation to sending marketing communications to you via email or text message. You have the right to withdraw consent to marketing or consent for other purposes at at any time by contacting us though firstname.lastname@example.org. However, if you elect to turn on background location tracking in the Application, we collect your location data while you are not directly interacting with the Application. Location tracking is required for you to use the Application as it is intended to be used, but we will only track your location when not using the Application if you consent by electing to turn on background location tracking.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
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 via email@example.com 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.
|Purpose/Activity||Type of Data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new user of our apps and services||(a) Identity|
|Performance of a contract with you|
|To manage our relationship with you which will include:|
(b) Asking you to leave a review or take a survey
(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 customers use our products/services)
|To enable you to partake in a prize draw, competition or complete a survey||(a) Identity|
(f) Marketing and Communications
|(a) Performance of a contract with you|
(b) 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 our apps, services and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity|
|(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 apps, services or website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity|
(f) Marketing and Communications
|(a) 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)|
(b) Performance of a contract with you
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||(a) Technical|
|(a) Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
(b) Performance of a contract with you
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Location, Technical, Usage and Profile 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 products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested such information from us and you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any company outside the vTime group of companies for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by adjusting your marketing preferences or by following the opt-out links on any marketing message sent to you, by following this link, or by contacting us at any time.
Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of using our apps or services.
CHANGE OF PURPOSE
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.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules and our terms and conditions or where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
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, unless you have agreed or consented to them doing so, and only permit them to process your personal data for specified purposes and in accordance with our instructions.
If you have registered to use vTag using other social media platforms or other external Third Parties (such as Facebook, Instagram, Google, Apple), for example through single sign on, you or they will provide us with your username and public profile. In return we share certain Technical Data with those external Third Parties such as your IDFA (on iOS) or Advertiser ID (on Android) and the referring URL for the purposes set out in paragraph 4 above.
Where you share content on other social media platforms, the relevant vTag, username and accompanying text and audio file will be shared on that platform or, in the case of sharing via instant messaging platforms such as Whatsapp, a link to the content will be shared.
You can access Facebook’s, Appsflyer's, and other relevant external Third Party’s terms and conditions and privacy policies in the Glossary Section below.
We also incorporate various third-party plugins and libraries of software into our Application in order to build the vTag functionality. A full list can be found here. Based upon the licence agreements and supporting documentation provided by them to us, we believe they do not share any personal data with third parties. However, if you are concerned, you should familiarise yourself with their individual privacy policies. See also the section below entitled EXTERNAL THIRD PARTIES for further information on who we might share your data with and in what circumstances.
6. INTERNATIONAL TRANSFERS
Many of our external third-party service providers or partners are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
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:
Where we use certain service providers, we may use specific contracts often 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.
Where we use providers based in the US, we may transfer data to them only if they provide similar protection to personal data shared in Europe.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. 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.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
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 requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.
In some circumstances you can ask us to delete your data: see Request erasure 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.
9. YOUR LEGAL RIGHTS
You have the right to:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
If you wish to exercise any of the rights set out above, please contact us.
NO FEE USUALLY REQUIRED
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.
WHAT WE MAY NEED FROM YOU
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.
TIME LIMIT TO RESPOND
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 several requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract processing your data where it is necessary for the performance of a contract to which you are a party (such as our terms and conditions) or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
INTERNAL THIRD PARTIES
Other companies in the vTime Group acting as joint controllers or processors and who are based in the UK or the US.
EXTERNAL THIRD PARTIES
Service providers acting as processors based in the US or elsewhere who provide IT and system administration or analytics services used by us are set out below. We also list other social media platforms with whom we may share data for the reasons set out above at paragraph 5, Disclosure of Your Personal Data. You should review and familiarise yourself with their individual privacy policies.
- Amazon Web Services - is used for storage of data and server infrastructure. Amazon Web Services have no direct access to vTag users’ personal information.
- HM Revenue & Customs, regulators and other law enforcement authorities (acting as processors or joint controllers). We may have to share information with them as a legal obligation if they require reporting of processing activities in certain circumstances.