Privacy Policy
SECTION 1. INTRO.
Fanfly Live LLC (“Fanfly”) is the owner of the Fanfly website (www.fanfly.live) and Fanfly mobile applications and everything Fanfly (collectively, the “Fanfly Service”).
The Fanfly Service enables Fans (including You) to keep up to date with their favorite Artists and Bands and related events that may be of interest.
Please read this Privacy Policy carefully. The Privacy Policy explains important details about how Fanfly (“we”, “us”) may use your Personal data, with whom we might share it, what we do to protect it and how you can exercise your rights regarding your Personal data when using the Fanfly Service.
As Fanfly is a global business processing EU residents’ Personal data, the Privacy Policy will provide all information as required by the Regulation (EU) 2016/679 of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”).
Additionally, as we are subject to the provisions of the California Consumer Privacy Act of 2018 (“CCPA”), this Privacy Policy will also take into consideration the specificities of this Act, which benefit California residents.
This Privacy policy applies to the Personal data that we collect, use and/or communicate through the use of our Services, meaning the use of our Platforms and Applications.
However, this Privacy policy does not apply to Services provided by third-parties that you may use, in particular when these Services imply that you are redirected to third-party websites.
This Privacy Policy will remain in full force and effect for the duration of the use of the Services by the User and as long as we process your Personal data.
SECTION 2. DEFINITIONS
Capitalized terms shall have the meaning given to them in this Article, whether they are used in plural or singular form:
Applicable Data Protection Laws: means any laws and regulations applicable to the Parties according to the nature of Personal Data processed and/or the location of where You access the Fanfly Service, including GDPR (where enacted);
Artist: means a musical artist who has signed up as an “artist” for the Fanfly Service;
Artists Terms: means terms and conditions governing the use of the Fanfly Service as set out in Appendix B;
Code of Conduct: means the code of conduct expected and required by Users of the Fanfly Service as set out in Appendix A;
Content: means all content published or made available by the Fan or an Artist on the Fanfly Service;
Fan: means the User (including You) who uses the Fanfly Service;
GDPR: means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Parties: means the parties to the Agreement, i.e., Fanfly and You.
Personal Information or PII: means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
Profile: means the Fan’s dedicated account and environment on the Fanfly Service.
User: means any visitor or registered person on the Fanfly Service.
SECTION 3. INFORMATION WE COLLECT
We collect the following types of Personal Information from Users and Artists:
a. Personal Information
This includes, but is not limited to:
Name
Email address
Mailing address
Phone number
Date of birth
Payment information (such as credit card numbers, billing information)
Account information (username, password, preferences)
Purchase history (products or services bought from our site)
b. Artist Information
For Artists, we may collect additional information, such as:
Profile information (such as username, biography, and content contributions)
Social media handles or links
Tax information (such as Taxpayer Identification Number for tax reporting purposes)
Location
c. Automatically Collected Information
We may automatically collect certain information when you visit or interact with our site, such as:
IP address
Browser type and settings
Device information
Usage data (including the pages you visit, the time spent on those pages, and the actions taken on the site)
SECTION 4. HOW FANFLY MAY USE YOUR INFORMATION
Fanfly may use the information collected from you (including Personal Information) for the following purposes:
To process transactions (e.g., purchases, payments)
To manage user accounts and provide customer support
To communicate with you regarding your account, purchases, or updates to our services
To improve our website by analyzing user behavior and interactions
To comply with legal requirements such as tax reporting for contributors or fraud prevention
To send marketing communications (if you have opted in to receive them)
To allow content contributors to participate in our platform and receive payments
SECTION 5. SHARING YOUR INFORMATION
Fanfly will not sell or rent your Personal Information to third parties. However, we may share your information under the following circumstances:
a. Service Providers
We may share your PII with trusted third-party service providers who assist us in operating the Fanfly Service, such as:
Payment processors
Hosting and IT service providers
Marketing and advertising partners
Shipping and fulfillment companies
b. Legal Requirements
We may disclose your PII if required by law, such as to comply with a subpoena, regulatory requirements, or other legal processes.
c. Business Transfers
In the event of a merger, acquisition, or sale of assets, your information may be transferred to the new entity.
d. To Third Parties
We may disclose your Personal Information to third parties who offer products or services that we believe may be of interest to you.
SECTION 6. COOKIES
Fanfly may use cookies and similar tracking technologies to enhance your experience on the Fanfly Service, including:
Session cookies for user authentication
Persistent cookies for remembering preferences
Analytics tools to understand user behavior and improve services
You can manage cookie settings through your browser, but disabling cookies may affect your ability to use certain features of the site.
SECTION 7. SECURITY OF YOUR INFORMATION
Fanfly will use industry-standard security measures to protect your PII from unauthorized access, use, or disclosure. These measures include encryption, firewalls, and secure server protocols. However, no method of data transmission over the internet is 100% secure, and despite these measures, Fanfly cannot guarantee and does not guarantee absolute security of the information that you provide to Fanfly.
SECTION 8. YOUR RIGHTS AND CHOICES
You have certain rights under Data Protection Laws regarding your PII, including:
Access: You can request a copy of the PII we have collected about you.
Correction: You can request that we correct any inaccuracies in your information.
Deletion: You can request that we delete your PII, subject to certain legal or business obligations.
Opt-Out: You can opt out of receiving marketing communications by following the unsubscribe instructions in our emails or email us at community@fanfly.live.
SECTION 9. THIRD-PARTY LINKS
The Fanfly Service may contain links to third-party websites or services that are not operated by us. We are not responsible for the privacy practices of these third-party sites and encourage you to review their privacy policies.
SECTION 10. CHILDREN’S POLICY
The Fanfly Service is not intended for children under the age of 13, and we do not knowingly collect PII from children. If we discover that we have inadvertently collected information from a child under 13, we will promptly delete it.
SECTION 11. CHANGES TO THIS PRIVACY POLICY
Fanfly may update this Privacy Policy from time to time. Any changes will be posted on this page. We encourage you to review this policy periodically to stay informed about how we protect your information.
SECTION 12. CONTACT
If you have any questions or concerns about this Privacy Policy or our practices, please contact us at:
Email: community@fanfly.live
Mailing Address: 848 E 15TH ST, UNIT C, OAKLAND, CA 94606
By using our website, you agree to this Privacy Policy. If you do not agree, please do not use our website.
This draft policy provides an overview of privacy practices for a website collecting PII, including from both end users and content contributors. Adjustments may be needed to match specific business practices and legal requirements.
SECTION 13. ARBITRATION, LEGAL PROCEEDINGS, GOVERNING LAW AND JURISDICTION
Agreement to Arbitrate
By using the Fanfly Service, You agree that any dispute, claim, or controversy arising out of or relating to these Terms of use or Your use of the Fanfly Service shall be resolved through binding arbitration, rather than in Court.
Class Action Waiver
You agree that you will not participate in any class action lawsuit or class-wide arbitration against us, and you waive any right to bring a claim on a class basis. Any arbitration will be conducted on an individual basis only. You agree that there shall be no right or authority for any dispute to be arbitrated on a class basis or on behalf of any other individual or group of individuals. You acknowledge that this waiver prevents you from bringing, joining, or participating in any class action, representative action, or collective action regarding any disputes with us. You understand that this waiver is a material condition of your use of the Fanfly Service. If any provision of this class action waiver is found to be unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be construed to reflect the original intent of the parties, and the remaining provisions shall remain in effect.
Governing Law
This class action waiver shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law principles.
If You reside in a country (e.g., Member State of the European Union) which has enforceable laws giving You the right to bring disputes to the national courts of his/her country, the provisions mentioned in this paragraph shall be subject to those local laws.
If you have any inquiries or complaints about our privacy practices, please contact us at: community@fanfly.live. We will respond to your inquiry promptly.
Within the scope of this privacy notice, if a privacy complaint or dispute cannot be resolved, Fanfly Live LLC has agreed to participate in the VeraSafe Data Privacy Framework (DPF) Dispute Resolution Program, an alternative dispute resolution provider based in the United States.
Subject to the terms of the VeraSafe DPF Dispute Resolution Program, VeraSafe will provide appropriate recourse free of charge to you.
To file a complaint with VeraSafe under the DPF Dispute Resolution Program, please submit the required information to VeraSafe here:https://www.verasafe.com/public-resources/dispute-resolution/submit-dispute/.
SECTION 14. BINDING ARBITRATION
If neither Fanfly nor VeraSafe resolves your complaint, you may have the right to require that we enter into binding arbitration with you through the ICDR-AAA under the EU-U.S. DPF Principles under the conditions listed in Annex I: Arbitral Model of the EU-U.S. DPF.
SECTION 15. U.S. REGULATORY OVERSIGHT
Fanfly Live LLC and its affiliated US entities are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We may be required to disclose personal information that we handle under the EU-U.S. DPF in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
SECTION 16. YOUR RIGHTS REGARDING YOUR PERSONAL DATA
The GDPR and the CCPA, where applicable, give Users certain rights related to the use of their Personal data by Fanfly, such as:
The right to access your Personal data, meaning the right to be informed on which of your Personal data is processed by Fanfly and request a copy of such Personal data.
The right to rectify your Personal data held by Fanfly that would not be accurate.
The right to ask for the erasure of your Personal data held by Fanfly.
The right to restrict the processing of your Personal data by Fanfly.
The right to object to a processing of your Personal data carried out by Fanfly.
The right to withdraw your consent to a processing freely and at any time where you have given such consent to Fanfly.
The right to data portability, meaning that you can request a copy of your Personal data in a machine-readable format and the right to ask for your Personal data to be transferred to another party’s service.
The right not to be subject to an automated decision-making, meaning the right not to be subject to a decision based solely on automated decision-making, including profiling, where the decision would have a legal effect on you or produces similarly significant effects.
The right to opt-out of the sale of your Personal data. Please note that Fanfly does not and will not sell your Personal data to any third party.
The right to non-discrimination when you exercise one of the above-mentioned rights.
The above-mentioned rights may be limited in scope by legal restrictions. If you request to exercise a right without ensuring that the conditions applicable for such rights are gathered, Fanfly may not be able to respond positively to a request.
At any time, whenever a processing is based on your consent (such as your consent to receive news and other marketing communications), you may withdraw such consent at any time and free of charge. When receiving marketing communications and other news, you may directly “unsubscribe” at the end of each communication. Also, you may personalize your choices regarding marketing communications directly via your Profile and choose different settings regarding your privacy.
If you wish to exercise your rights, you may access a specific form by going to the footer of the Platform you visit and click on “GDPR/CCPA Privacy Request” or click directly here.
You can also choose to contact directly our DPO at the following address: dpo@fanfly.com. If you choose to contact our DPO directly, please mention the subject of your request and other necessary details to allow for its management by our teams.
Regarding California residents (for whom the CCPA applies) - Pursuant to the California Civil Code and the CCPA, Fanfly is not required to maintain or disclose a list of the third parties that received your Personal Data for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third-party disclosure choices, please send a request by filling out our form Privacy Request. All requests must be labeled “Your California Privacy Rights” on the form. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code, and email address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone, postal mail, or by fax. We are not responsible for notices that are not labeled or sent properly or do not have complete information.
When sending a request to exercise your right(s), Fanfly may need to ask for a means to verify your identity before actually processing your request. Fanfly undertakes to take all appropriate measures to ensure that it responds to your request(s) as efficiently as possible and under legal time limits set by the GDPR.
When sending a request to exercise your right(s), Fanfly may require you to pay “reasonable fees” related to the administrative costs incurred to answer to your request if it is deemed to be manifestly unfounded or excessive.
SECTION 17. APPLICABLE DATA RETENTION PERIODS
In order to ensure your privacy, it is not possible for Fanfly to retain your Personal data indefinitely. We have worked on establishing proportionate data retention periods for your Personal data, adapted to the processing that we carry out.
In general, we will keep your Personal data related to your Profile on the Platform(s) and App(s) as long as you use our Services and in order to ensure their performance. We may also keep your Personal data for adequate periods of time to ensure that we comply with our legal obligations.
Your Personal data used for marketing purposes (such as sending you newsletters, marketing content, etc.) is kept for three years from your last contact with Fanfly or until you withdraw your consent or object to such reception of marketing communications. After the retention period, your Personal data will be destroyed or anonymized according to Applicable Data Protection Laws.
Your Personal data related to the proof of validity of consent will be kept for five years from the collection of your consent and in intermediate archiving (i.e., meaning that the access to such data is subject to authorization or specific access rights).
Finally, some of your Personal data may also be kept for a longer period of time, in intermediate archiving, to allow for the management of claims and/or litigations related to Fanfly.
SECTION 18. SECURITY AND CONFIDENTIALITY
Fanfly has implemented organizational and technical security measures to ensure the confidentiality and integrity of your Personal Data. These include administrative, organizational, technical, and physical measures designed to protect your Personal Data from loss, theft, unauthorized access, unauthorized transmission, modification, or destruction. In all cases, Fanfly will assess the nature of the security measures to implement depending on the nature of Personal data processed and the risks incurred by the processing.
The collected data is stored in a confidential manner and protected at a very high level of security. The servers where this Personal data is stored comply with security standards currently in force. They are protected against cyber-attacks and physical attacks.
However, despite these efforts, Fanfly cannot guarantee the infallibility of this protection because risks may inevitably arise during the transmission of Personal data. No method of transmission over the Internet or via mobile devices, or method of electronic storage, is 100% secure—so we cannot guarantee its absolute security. You should take certain steps to protect your Profile and Personal Data as well, such as by choosing a strong password and keeping such password private, and logging out of your Profile when you are finished using it. Please read your applicable Terms of Use to learn more about the steps you should take to ensure the security of your Profile.
We are not responsible for protecting any Personal Data that we share with a third party based on a Profile connection that you have authorized. Fanfly will not be responsible for any actual or consequential damages that result from a lapse in compliance with this Privacy Policy because of a technical malfunction or a breach in security.
SECTION 19. LINKS TO THIRD-PARTY WEBSITES AND SERVICES
The Services may be linked to, rely on, and/or be integrated with websites, applications, interfaces, services, and platforms operated by other companies, including third-party advertising providers and third-party platforms. The Services may also feature advertisements from other third parties. Fanfly is not responsible for the privacy practices or the content of such third-party services.
For example, Users may be redirected to third-party websites when clicking on smart links inserted on messages published on the Platforms and Apps, when purchasing tickets for an event, when clicking to be redirected on an artist/venue website, etc.
Any information you provide via those services is subject to the applicable privacy policies of such third-party services and is not covered by this Privacy Policy.
SECTION 20. USE OF COOKIES
When you visit our Platforms and Apps, use our Services, or visit a third-party website for which we provide online services (such as the artists' websites in some instances), we and our business partners and vendors may use cookies and other tracking technologies to customize and improve your user experience, the Services you use, and other online content and advertising, measure the performances of promotions, and establish analytics, etc.
Certain aspects and features of our Services are only available through the use of cookies and trackers, so if you choose to disable or decline them, your use of the Platforms, Apps, and Services may be limited.
Please review our Cookie Policy here to learn more about how we use such cookies, why we use them, and how you may change your privacy settings regarding such use.
SECTION 21. OUR PRACTICES REGARDING MINORS
Depending on your country of residence, the age of majority to use information society services, such as the Platforms or Apps, may differ from 13 years old to 16 years old.
Our Platforms, Apps, and Services are not directed towards minors, depending on the legal age of majority set in the User’s country of residence. Specifically for fans, the Terms of Use and the registering process provide for such prohibition and the fan confirms that he/she has reached the legal age of majority to use information society services in compliance with his/her country of residence.
If Fanfly is made aware that it processes the Personal data of a minor, we undertake to promptly delete such Personal data. If you have reason to believe that we process Personal data from a minor, please complete the Privacy Request form so we can acknowledge this situation and react adequately.
For users in the United States, please also visit consumer.ftc.gov for information from the Federal Trade Commission about protecting children’s privacy online.
SECTION 22. USEFUL CONTACTS
If you have any questions, concerns, criticisms, or feedback about our privacy practices or any of the terms or conditions of this Privacy Policy, please feel free to contact us via the below means. Although we urge you to contact us to find a solution for every concern you may have, you always have the right to lodge a complaint with your competent data protection authority.