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Appeals policy

BY USING OUR WEBSITE YOU AGREE TO THIS APPEALS POLICY

This Policy forms part of your agreement with us.

You must follow the procedures below to appeal a Content or account moderation decision.
Priver will handle appeals in keeping with this Policy.

Interpretation In the Terms of Service

Unless specifically defined in this Policy, the meanings given to words defined in the Terms of Service have the same meanings.

"Decision": any action taken by Priver to:

  1. suspend or deactivate an account;
  2. suspend or deactivate Content shared to or from an account;
  3. impose a final warning for a violation on an account;
  4. restrict account features (for example, the ability to livestream); or
  5. suspend, terminate, or restrict the ability to monetise Content, including by preventing subscriptions or limiting your ability to accept certain types of payments.

This Policy can be used in two ways

  1. by Priver Users who want us to review or reverse a Decision; or
  2. by non-Priver-users in the EU/EEA who have complained about suspected illegal or non-consensual Content on Priver and who disagree with Priver' appeal response.

Appeal procedure

The only way to appeal a Decision is to complete and submit the Deactivation Appeal Form.

Required information

Only fully completed Deactivation Appeal Forms will be considered. Your Deactivation Appeal Form must include:

  1. the URL or username of the account;
  2. the URL of Content subject to the appeal;
  3. detailed reasons why you believe your Content or account is in keeping with the Priver Terms of Service and Acceptable Use Policy; and
  4. for non-Priver-users in the EU/EEA who disagree with our decision to permit Content to remain on Priver why you believe the Content is illegal or non-consensual.

Timing of appeals

All appeals should be filed within six months of a Decision.

Review process

If we receive a completed Deactivation Appeal Form:

  1. We will review the relevant Priver account information;
  2. We will consider the information and the supporting documents that you have provided;
  3. We may request additional information or documents from you or from third parties to help us decide the appeal; and
  4. Based on the information, we will grant, grant in part, or deny your appeal, and we will notify you of our decision:
  1. If we grant your appeal, we will reverse each relevant Decision and any actions taken as a result of each Decision.
  2. If we grant your appeal in part, we will notify you of each Decision that has been reversed and any actions taken as a result.
  3. If we deny your appeal, no Decision will change.

No liability

We are not liable for any interruption of access to your Priver account, including any loss of earnings or subscribers, even where we grant some or all of your appeal.

Appeals team

Our Appeals Team will consider each properly filed appeal based on the information provided in a non-discriminatory, diligent, and non-arbitrary manner.

Situations where a Decision cannot be appealed

This Policy does not apply to any irreversible Decision (for example, a Decision to end a livestream).

Additional procedures for users in the EU/EEA

  1. You may also file a complaint with a regulatory authority and/or seek a remedy via a certified third-party out-of-court dispute settlement body or the relevant courts in your country of residence/establishment.
  2. In certain circumstances, out-of-court dispute settlements under the EU Digital Services Act ("DSA") may apply. Each EU member state must certify an out-of-court dispute settlement body to handle eligible disputes.
  3. You also have the option of judicial redress by pursuing your claim in a court which has jurisdiction.
  4. You may submit a report or complaint regarding Content which you believe is illegal or otherwise violates our Terms of Service. We will review all reports and complaints, and determine whether we agree that a violation of our Terms of Service has occurred.
  5. If we conclude that no violation of our Terms of Service has occurred and elect not to make a Decision regarding the relevant Content, you may be able to refer the matter to an out-of-court dispute settlement body. If you do, we will engage with the out-of-court dispute settlement body in good faith and as required by law.
  6. We are not bound by any decisions made by an out-of-court dispute settlement body, and may refuse to engage with an out-of-court dispute settlement body if a dispute concerning the same Content, and the same grounds of alleged incompatibility with our Terms of Service has already been resolved.