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Privacy Policy

Updated: August 2019

Fanatico Inc. (“Fanatico,” “we,” and “us”) understands your privacy is important and is committed to protecting it. Fanatico provides this privacy policy (“Privacy Policy”) to help you understand how we collect, use, and disclose information about you collected or received through the Fanatico App (“App”) and the Fanatico website located at http://fanati.co (“Site”). This Privacy Policy is a part of, and is incorporated into, the Fanatico Terms of Service (“TOS”) located at http://fanati.co as well as within the App. If any provision of this Privacy Policy is inconsistent or conflicts with any provision of the TOS, this Privacy Policy will control with respect to the subject matter of this Privacy Policy. Capitalized terms used in this Privacy Policy but not defined in this Privacy Policy have the meaning given to them in the TOS.

BY ACCESSING OR VIEWING THE APP OR THE SITE YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY AND YOU EXPRESSLY CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION, INCLUDING PERSONAL DATA (AS DEFINED IN SECTION 1.1 BELOW), IN ACCORDANCE WITH THIS PRIVACY POLICY. You understand that by providing us Personal Data, you allow us to identify you. You may choose to not provide us with certain information, but some portions of the App or Site may not be available or may be limited or unavailable as a result. If you do not agree with the terms of this Privacy Policy, you should immediately cease use of the App and Site.

1.Types of Information. We collect both Personal Data and Anonymous Information, each as defined below, in connection with your use of the App and the Site. Information that is not Personal Data or Anonymous Information is governed by the TOS.

1.1.Personal Data. “Personal Data” is information which may be used to identify or contact an individual, such as your name, mailing address, phone number, or email address.

1.2.Anonymous Information.  “Anonymous Information” is information we collect in connection with your use of the App, and the content on the App, that is not associated with or linked to your Personal Data and which, on its own, does not individually identify you.

2.How We Collect and Use Information.

2.1.Information You Provide when Registering. You are required to provide a username and password to register an account. We use information you provide when registering to set up, maintain, and track your account. We may also internally use or combine your Personal Data with other information to improve our products and services, and for announcements, newsletters and special offers from Fanatico.

2.2.Information You Provide in Order Forms and Contests. We collect your full name, email, shipping address and any additional details you provide via order form or contest participation form. We use this information to fulfill orders and we provide this information, as discussed in Section 3.1, to third party service providers to deliver packages to you or to return packages and to process your credit card or alternative payment.  We collect your username, email, and shipping address to provide you with your prizes. We may also use information collected in order forms and contests to prevent theft or fraud, help develop products and services that may interest you, and for announcements, newsletters and special offers from Fanatico.

2.3.Information You Provide Publicly.  When interacting with the App, you may choose to share information publicly through the App or the Site. This public information (for example, your username and any pictures or text you share) can be seen by anyone. Please carefully consider any information you share publicly through the App or Site. We are not responsible for how other users or visitors may use any public information.

2.4.Feedback. If you provide us feedback or contact us via email, we will collect your username, email, and any feedback you provide. Any feedback you provide us will be governed by the TOS and this Privacy Policy. We may use the Personal Data you provide in feedback to contact and respond to you. We may use the feedback you provide as described in the TOS.

2.5.Information Collected Automatically When Visiting the App or Site. We use “cookies” to collect information about visitors to the App and Site. We may use cookies to identify that you’ve logged in to the App or Site and to tell us how and when you interact with the App or Site. We may use, transfer, and disclose any Anonymous Information collected via cookies for any purpose such as improving the experience for visitors to our App, customizing the App for individual visitors, and marketing. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies.

2.6.Web Beacons.  Pages within the App, our Site, and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, to analyze your interaction the Site, App, or email. For example, we may use this information to count users who have visited pages within the Site, opened an e-mail and for other related App or Site statistics (for example, recording the popularity of certain content and verifying system and server integrity). This information is also used to enable more accurate reporting, improve the effectiveness of our marketing, and improve the App and Site.

2.7.Log Files. The App and Site collect certain information automatically and the App and Site stores this information in log files. The information may include internet protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, browser type, operating system and other usage information about the use of the App and Site. This information is used for internal purposes like improving our internal operations, our software or content, and to verify that the App and Site are functioning properly.  

2.8.Anonymous Information Generally. We may create Anonymous Information records from Personal Data by excluding information (such as your name) that would otherwise make such data personally identifiable to you. We may use Anonymous Information at our discretion and for any purpose.  

2.9.Payout Information In order to receive payouts from Sales or Jobs activities the user is required to provide payout information such as bank account information, PayPal payment information or Western Union payment information. We use this information solely to process payments to our users and share it with third-party payment processors.  


3.How We Share Your Information.

3.1.Our Service Providers. We employ third-party companies and individuals to administer and provide services on our behalf (including, but not limited to, a cloud service provider, credit card processing or alternate payment method processing) who may need your information to provide services for us. These third-party service providers are restricted from using your Personal Data for any purpose other than to provide the services requested by Fanatico.

3.2.Other Disclosures. Regardless of any choices you make regarding your Personal Data, we may disclose your Personal Data: (i) to respond to subpoenas, warrants, court orders, lawful requests, or legal process, (ii) to establish or exercise our legal rights or defend against legal claims, or protect other users, (iii) in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, or as otherwise required by law, or (iv) to investigate, prevent, or take action regarding any violation of this Privacy Policy or the TOS.

3.3.Business Transfers. We may transfer your Personal Data in the event of a merger, acquisition, reorganization, sale of assets, or in the event of bankruptcy. We may also share your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under common control that we may have now, or in the future, in which case we will require them to honor the terms of this Privacy Policy.

4.Protection of Personal Data. Your privacy is important to Fanatico. We take reasonable administrative and technical precautions to protect Personal Data. However, no method of transmission over the internet, or method of electronic storage, is completely secure. Fanatico cannot completely eliminate the risks associated with handling information over the internet. YOU ACKNOWLEDGE AND AGREE THAT YOU PROVIDE YOUR PERSONAL DATA AT YOUR OWN RISK. WE ARE NOT LIABLE FOR THIRD PARTY CIRCUMVENTION OF ANY PRIVACY SETTING OR ANY OF OUR SECURITY MEASURES.

5.Children. Fanatico does not knowingly collect any Personal Data from children under the age of 13. If we verify that a person under 13 has submitted Personal Data to Fanatico, we will proceed to delete this information as soon as possible. If you believe we might have any information from or about a child under 13, please contact us at support@fanati.co.

6.Third-Parties. Any third-party websites, applications, products and services (collectively “Third-Party Services”) are managed by those third-parties. The presence of a link to Third-Party Services does not constitute an endorsement, authorization, or representation that we are affiliated with the Third-Party Services. We do not exercise control over Third-Party Services and Third-Party Services are governed by their own privacy policy. We encourage you to read the privacy policy and terms of use for these Third-Party Services before you choose to utilize them.

7.How We Respond to Do Not Track. We do not collect Personal Data about visitor’s browsing activities across third-party websites, applications, or online services. Therefore, the App and Site do not respond to Do Not Track signals.

8.Data Protection for Users in Europe. For purposes of the General Data Protection Regulation (“GDPR”), Fanatico is the controller of your Personal Data. The GDPR defines Personal Data as any information relating to an identified or identifiable natural person. For purposes of this Section 8, when discussing Personal Data, the GDPR definition of Personal Data applies. For more information on where you can contact Fanatico with questions or requests relating to this Privacy Policy, please see Section 10 below.

8.1.Processing Your Data.  If you provide us Personal Data to determine the suitability of products or services referenced on the App or Site, or to register an account, we will lawfully process your Personal Data to perform a contract with you or take steps at your request prior to entering into a contract. We internally process your Personal Data for our legitimate business interests, like providing the App and Site and improving Fanatico products and services, in a manner that does not outweigh your fundamental rights and freedoms. In some cases, we will use your Personal Data for direct marketing, in which case you have the right to object to direct marketing.

8.2.Cookies and Web Beacons. Fanatico has legitimate business interests in providing App and Site functionality and understanding how visitors and customers use the App and Site. Fanatico uses cookies and web beacons to provide enhanced functionality like shopping cart and session information, and to personalize the App and Site. Fanatico also uses cookies and web beacons to capture information about internet protocol (IP) addresses, browser types, and access times to learn more about App and Site traffic patterns and to perform maintenance. You have choices with regards to the management of cookies on your computer. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. To learn more about your ability to manage cookies and web beacons, review the privacy features in your browser.

8.3.Categories of Recipients of Your Personal Data. We employ third-party service providers to administer and provide services on our behalf (including, but not limited to, a cloud service provider and credit card processing or alternate payment method processing) who may need your Personal Data to provide services for us. These third-party service providers are restricted from using your Personal Data for any purpose other than to provide the services requested by Fanatico.

8.4.Data Subject Rights.  The GDPR provides certain rights for individuals. You may request information about: the purpose of processing; the categories of Personal Data concerned; third parties that may have received your Personal Data from Fanatico; the source of your Personal Data (if you didn’t provide it directly to Fanatico); and how long your Personal Data will be stored. You have a right to correct your Personal Data record maintained by Fanatico if it is inaccurate. Subject to certain exceptions, you may request that the Fanatico erase your Personal Data or cease processing your Personal Data. You have the right to receive, or transmit to another controller, Personal Data concerning you that you have submitted to Fanatico. Fanatico will provide reasonable access to your Personal Data at no cost upon request and if access cannot be provided within a reasonable time frame, Fanatico will provide you with a date when the information will be provided. If for some reason access is denied, Fanatico will provide an explanation as to why access has been denied. In many countries, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how Fanatico processes your Personal Data.

8.5.Transferring Personal Data from the EU to the US.  The information Fanatico collects from you is processed in the United States. The United States has not sought, nor received, a finding of “adequacy” from the European Union under Article 45 of the GDPR. Fanatico relies on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, Fanatico collects and transfers to the U.S. Personal Data only: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of Fanatico when your rights and freedoms are not overriding.

8.6.Data Storage and Retention.  Your Personal Data is stored by Fanatico on its servers, and on the servers of the cloud-based database management services the Fanatico engages, located in the United States. Fanatico retains data for the duration of your business relationship with Fanatico and for a period of time thereafter to allow you to recover account information and to satisfy legal requirements. For more information on where and how long your Personal Data is stored, and for more information on your rights of erasure and portability, please contact us at support@fanati.co.

9.Changes to This Privacy Policy. We may update this Privacy Policy from time to time to reflect changes or updates to our technology, data practices, service methods, or other factors. If we make material changes to this Privacy Policy, we will notify you by posting the revised Privacy Policy on our App or Site or we may notify you through your e-mail address that you have provided through your Fanatico account. Changes to the Privacy Policy will become effective immediately, unless otherwise noted. Your continued use of the App or Site following the effective date of these changes indicates your consent to the revised policies and practices. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If you object to any revisions, you should immediately cease using the App and Site.

10.Questions. If you have questions related to this Privacy Policy, please contact support@fanati.co.

Fanatico Inc. 1294 Lawrence Station Road, 94089 Sunnyvale, CA


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