This Privacy Policy sets out how FanUp (referred to as “us” or “our”) uses and protects any information that you (the “User” or “Customer”) provide when you access, register, and subscribe to our Services by accessing our web app or downloading the FanUp iOS mobile application (the “App”) in the Apple App Store (together the “App Store”). FanUp is committed to ensuring that your privacy is protected. You can be assured that any information you provide and that could identify you when using this App will only be used in accordance with this Privacy Policy and in conjunction with our Terms and Conditions (the “Terms”).

What personal information do we collect?

When receiving the Services as described in Terms, contacting us, or registering as a User, and/or downloading the App, you may be asked to enter various types of information, herein after referred to as “Personal Information”, which may include, but is not limited to:

• Contact Information and Account Registration: name, email, postal address, telephone number, account username and password, business contact information, and any information you may provide to us.
• Identification and Demographics: date of birth, gender, nationality, ethnicity, interests, lifestyle information, photos, social media credentials, including identification information about friends, preferences, contacts, or referrals you provide.
• Transactional: credit/debit card details, purchase history, delivery address, and membership information.
• User Generated Content: photos, videos, audio, text and other information you may submit to us, such as comments, likes, and expressions (e.g., emojis, GIFs) on our forums.
• Research and Feedback: comments that you send us through online forms and social media platforms, by email, over the phone, by mail, or in surveys.
• Device Information and Identifiers: IP address, cookie IDs, browser type and language, operating system, platform type, device type, and advertising and app identifiers.
• Connection and Usage: domain names, browsing activity, scrolling and keystroke activity, advertisements viewed, forms or fields you complete or partially complete, search terms, whether you open an email, content you view and duration, quality of the service and interaction with the content, logs, and other similar information. If these events occur while you are offline, they may be logged and uploaded to us when you next connect.
• Geolocation: city, state and ZIP code associated with your IP address or derived through Wi-Fi triangulation. We will ask for your permission before using your precise location from GPS-based functionality on your mobile devices.
• Social Media Information: if you interact with us through a social media service or log in using social media credentials, depending on your social media settings, we may have access to your information from that social network such as your name, email address, friend list, photo, age, gender, location, birthday, social networking ID, current city, your comments about our Services, and the people/sites you follow.

When do we collect information?

We collect information from you when you subscribe to our Services, register as a User, download our App in the App Store, contact us regarding a Service or any query relating thereto, fill out an online form, or otherwise enter any other information on our App, on our website, or in any surveys.

How do you get my consent?

When you provide us with any Personal Information to register as a User; download our App; subscribe to our Services; complete a transaction; verify or change your credit/debit card, or anything of the like, you are automatically consenting to our collecting, storing, and using that information for your benefit, to improve our online offerings, and the experience of our Services. You are also consenting to our disclosing that you are a User of FanUp and, in that regard, are consenting to our using your name.

If we ask for your Personal Information for any other reasons, we will either ask you directly for your express consent, or provide you with an opportunity to say no or decline by contacting us directly.

How do I withdraw my consent?

If you change your mind, you may withdraw your consent for the continued collection, use, or disclosure of your Personal Information, at any time, by contacting us directly. We reserve the right to retain any information previously collected for the purposes of resolving any disputes, as well as for obtaining and/or analyzing our aggregated data analytics.

How do we use your information?

We may use such Personal Information in any of the following ways:

• To personalize your experience and to allow us to deliver the type of content and/or Services in which you are most interested in seeing on our App.
• To improve our App in order to better serve you and provide a more seamless experience across all devices.
• To allow us to better service you in responding to your Customer service requests or other queries.
• To administer a contest, promotion, survey or other App feature.
• To quickly process your transactions.
• To send periodic push notifications, e-mails, text messages, or calls regarding other products, subscriptions, and/or Services as they become available.
• To market and advertise to third parties and build and manage business-to-business relationships.
• To displaying content you generate, including but not limited to photos, videos, audio, text and other information you may submit to us, such as comments, likes, and expressions (e.g., emojis, GIFs) on our forums.
• Compliance with laws, regulations, and ethical business conduct.

How do we protect Personal Information?

We implement a variety of security measures when a person creates a User account, downloads the App, purchases a Service or subscription, or otherwise enters, submits, or inputs their Personal Information on the App. Your Personal Information is accessible only to a limited number of persons who have access.

How can you opt out, remove, or modify Personal Information you have provided to us?

You can request to have your Personal Information removed by contacting us directly.

Please note that we may maintain information about individual sales transactions or subscription purchases in order to complete said transactions and for record keeping purposes.

How can you opt out, remove, or modify Personal Information you have provided to us?

You can request to have your Personal Information removed by contacting us directly.

Please note that we may maintain information about individual sales transactions or subscription purchases in order to complete said transactions and for record keeping purposes.

Do we use ‘cookies’?

Yes. We and our service providers, advertisers, and other third parties use cookies and similar technologies (e.g., HTTP cookies, HTML 5, flash local storage cookies, web beacons, GIFs, embedded scripts, ETags/cache browsers, and software development kits) to recognize you on, off, and across your devices. Cookies are small files that we or our service provider transfers to your computer’s hard drive through your Web browser (if you allow) and/or your device that enables FanUp or our service provider’s systems to recognize your browser or device to capture and remember certain information. These partners may use mobile device identifiers, such as Apple IDFAs and Google/Android Advertising IDs. Doing this allows the ad companies to recognize your computer or device each time they send you an online or mobile advertisement. In this way, the ad companies may compile information about where you, or others who are using your computer or device, saw their advertisements and measure your interaction with each ad. We use cookies to help us remember and process your purchased Services and/or subscriptions. They are also used to help us understand your preferences based on previous or current activity, which enables us to provide you with improved Services. We also use cookies to help us compile aggregate data about traffic and interaction so that we can offer better experiences and Services in the future.

We use cookies to:

• Help remember and process your orders.
• Understand and save your preferences for future visits.
• Compile aggregate data about traffic and interactions in order to offer better experiences and Services in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to turn off all cookies through your device settings. If you disable cookies, some features on the App will be disabled. It may affect your experience, by decreasing the App’s efficiency or causing some of our Services to not function properly.

Mobile App and Connected Devices

Depending on the device you use, you may be able to manage your advertising and location preferences through your device settings. Many operating systems provide their own instructions on how to prevent the delivery of tailored in-application advertisements. We do not control how the applicable platform operator allows you to manage personalized in-application advertisements. You should review your device manufacturer’s support materials and/or the device settings for the respective operating systems for more detail on how to manage such preferences.

You can stop all collection of information by a mobile app by uninstalling the App.

Third Party and other Disclosures of Your Personal Information

We may share your information with related companies, advertisers, partners, social networks, service providers, research and management companies, search engines, law enforcement, hosting partners, professional sports leagues, and other parties who assist us in operating our App, conducting our business, or servicing you. Similarly, if we are involved in a merger, collaboration, acquisition or asset sale, your personal information may be transferred. However, we will provide notice before your personal information is transferred and becomes subject to a different privacy policy.

We may also release your Personal Information under certain circumstances when we believe release is appropriate to comply with the law, enforce our policies, and/or protect ours or others’ rights, property, or safety. We may also be required to disclose your personal information if required by law or in response to a valid request by a public authority (e.g., a court or governmental agency).

However, non-Personal Information may be provided to other parties for marketing, advertising, or other uses.

Third party Links

Occasionally, at our discretion, we may include or offer third party advertisements, products, or services on our App. These third parties have separate and independent privacy policies. Therefore, we have no responsibility or liability for the content and activities of these third parties. Nonetheless, we seek to protect the integrity of our App and welcome any feedback about these other websites and third-party links.

Retention of Your Personal Information

We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and/or enforce our legal agreements and policies.

Acceptance of Terms

Through the use of this App, you are hereby accepting this Privacy Policy and each of the terms and conditions stipulated herein. If you are not in agreement with this policy, then you should refrain from further use of our App.

Your continued use of our App, following the posting of any updates or changes to this Privacy Policy, shall indicate that you are in agreement and acceptance of such changes.

International Transfers

FanUp is headquartered in the United States; however, it may transfer your information to service providers and other third parties located outside of your country of residence, including in the United States. This may be necessary to provide our Services and for the purposes outlined in this Privacy Policy. Data privacy laws vary from country to country and may not be equivalent to, or as protective as, the laws in your home country. We take steps to ensure that reasonable safeguards are in place with aim to ensure an appropriate level of protection for your information, in accordance with applicable law. These measures include data transfer agreements. By providing us with your information, you acknowledge any such transfer, storage, or use.

Depending on where you live, you may have certain rights with respect to your information. For example, under local laws, you may be able to ask us to:

• Provide access to certain information we hold about you, in some cases in a portable format, if technically feasible.
• Update or correct your information
• Delete certain information
• Restrict the use of your information

We will respond within the time period prescribed by applicable law. Please note that many of the above rights are subject to exceptions and limitations.

Some Services can only be provided if we have your information, therefore deletion of your information will result in termination of such Services. We will take reasonable steps to verify your identity, including authenticating you through the email address. We may require further documentation such as a password and user ID before granting access to your information.

California Consumer Privacy Rights

If you are a California resident, the California Consumer Privacy Act (“CCPA”) allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request:

• Information about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information. Such information is also set forth in this Privacy Policy.
• Provide access to and/or a copy of certain information we hold about you.
• Delete certain information we have about you.
• Provide you with information about the financial incentives that we offer to you, if any.

The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information or to comply with a legal obligation. We will let you know where this is the case or if certain rights don’t apply in your country or state of residence. We also will take reasonable steps to verify your identity before responding to a request, which might include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, and date of birth. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such request or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.

Additionally, exercising your deletion right may mean that you may no longer be able to use the Service.

“Do Not Sell My Personal Information” (California Residents only)

California residents may opt out of the “sale” of their personal information. California law broadly defines “sale” in a way that may include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior to add to a profile about your device, browser, or you.

Depending on what Services you use, we may share the following categories of information for such advertising which may be considered a sale (as defined by California law):

• Identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history or app usage; geolocation information, such as city; and inference data.

If you would like to opt out of the use of your information for such purposes (to the extent this is considered a sale), you may do so as by contacting us directly.

Third Parties’ List – Shine the Light (California Residents only)

California residents can also request a list of all the third parties to which we have disclosed certain personal information (as defined by California’s Shine the Light law) during the preceding year for those third parties’ direct marketing purposes. You will need to attest to the fact that you are a California resident. We will not accept requests by telephone, email, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Nevada Residents

Nevada law requires us to post the following: certain Nevada consumers may opt out of the sale of “covered information” for monetary consideration to a person for that person to license or sell such information. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the App. If we make material changes to this policy, we will notify you here that it has been updated so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it to any third party.

If you have any questions regarding this Privacy Policy or if you want to verify, modify, receive, suspend, or delete your Personal Information stored, you can email us at the address provided below: