Privacy Policy
Version 1.1 - Last Changed September 6, 2022
Please Read This Privacy Policy Carefully Before Continuing To Use FanOP’s Tech and Related Products and Services
BY ACCESSING AND CONTINUING TO USE Fanaply’s website, application, smart contracts, (collectively “The Tech”) TECH and/or RELATED PRODUCTS AND SERVICES YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY (AS MAY BE MODIFIED FROM TIME TO TIME) AS SET FORTH BELOW.
FanOP recognizes that You value Your privacy. This Privacy Policy provides information regarding the ways in which FanOP may use or disclose information that You provide or information that is collected on the Site or through Your use of the App, Related Products and Services. We provide this Privacy Policy to help you make an informed decision about whether to use, or continue to use the Website, Tech and/or any Related Product or Service. This Privacy Policy is incorporated into, made part of and is subject to FanOP’sTerms Of Use. All terms not defined herein will have the same meaning as set forth in paragraph 4 of FanOP’s Terms of Use unless otherwise noted.
BY ACCESSING AND CONTINUING TO USE Fanaply’s website, application, smart contracts, (collectively “The Tech”) TECH and/or RELATED PRODUCTS AND SERVICES YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY (AS MAY BE MODIFIED FROM TIME TO TIME) AS SET FORTH BELOW.
FanOP recognizes that You value Your privacy. This Privacy Policy provides information regarding the ways in which FanOP may use or disclose information that You provide or information that is collected on the Site or through Your use of the App, Related Products and Services. We provide this Privacy Policy to help you make an informed decision about whether to use, or continue to use the Website, Tech and/or any Related Product or Service. This Privacy Policy is incorporated into, made part of and is subject to FanOP’sTerms Of Use. All terms not defined herein will have the same meaning as set forth in paragraph 4 of FanOP’s Terms of Use unless otherwise noted.
Information That FanOP May Collect
When You interact with FanOP, You may provide or FanOP may collect several types of information about You. For example, when you register, download or sign into the Tech, purchase, view or interact with NFTs, Upgrades, or Digital Collectible Tokens, or receive related Products and Services, You may be asked to supply Your name, address, email address, or account information. You may also be required to provide financial or other credit information in order to complete your purchases or business transactions on the Tech. Other times, you may be asked to provide information about Yourself, Your interests and preferences so that FanOP may respond to Your requests. FanOP may also automatically receive information about Your interaction with the Tech, the App, Your transactions regarding the Smart Contracts and Ethereum or Polygon Blockchains, and Your online or mobile experience, including information regarding your computer and browser, online identifiers (e.g. Geo location/tracking details, browser fingerprint, operating system, browser name and version, and/or personal Internet Protocol (IP) address), mobile device, software and hardware attributes, visits to specific pages or use of specific functionality offered by FanOP, usage data (e.g., authentication data, security questions), etc.
Generally, FanOP uses information that it collects or is provided by You to enable FanOP to interact with You and improve Your experience with the Tech, such as to provide You with the ability to purchase and access to the NFTs, Upgrades, Collectible Digital Tokens, Upgrade Accommodations, and Related Products and Services that You choose; for you to transfer Your purchased Collectible Digital Tokens into your personal Ethereum or Polygon wallet; to enable and/or customize Your experience with the Tech; to enable You to upload images, videos, posts, receive promotions, fulfill Your requests for Related Products and Services, so that You can provide Your User Content; to improve the App; and to contact You, conduct research, resolve disputes, etc. On occasion, FanOP may provide anonymous and/or aggregate reports to others that do not permit you to be personally identified in order to assess and improve FanOP, the App, or Related Products and Services.
Generally, FanOP uses information that it collects or is provided by You to enable FanOP to interact with You and improve Your experience with the Tech, such as to provide You with the ability to purchase and access to the NFTs, Upgrades, Collectible Digital Tokens, Upgrade Accommodations, and Related Products and Services that You choose; for you to transfer Your purchased Collectible Digital Tokens into your personal Ethereum or Polygon wallet; to enable and/or customize Your experience with the Tech; to enable You to upload images, videos, posts, receive promotions, fulfill Your requests for Related Products and Services, so that You can provide Your User Content; to improve the App; and to contact You, conduct research, resolve disputes, etc. On occasion, FanOP may provide anonymous and/or aggregate reports to others that do not permit you to be personally identified in order to assess and improve FanOP, the App, or Related Products and Services.
Your Personally Identifiable Information
Some of the information that FanOP may collect or receive from You is what is referred to as personally identifiable information (“PII”). To establish an account and access our Services, we'll ask you to provide us with some important information about yourself. This information is either required by law (e.g. to verify your identity), necessary to provide the requested services (e.g. as requested by our third-party service partners), or is relevant for certain specified purposes, described in greater detail below. As we add new features and Services, you may be asked to provide additional information.
If you choose not to share certain information with us, we may not be able to serve you as effectively or offer you our Services. Any information you provide to us that is not required is voluntary.
We may collect the following types of information from you:
You may be asked to provide PII in order to access restricted portions of the App, in connection with newsletters, competitions, messages, blogs, message boards, or other participation in the FanOP community. In order to receive some of the Products and Services offered in connection with FanOP, you may be required to provide additional PII, such as to facilitate Your purchase of NFTs, Upgrades, Upgrade Accommodations, or Related Products or Services or to transfer Your purchases to an Ethereum compatible wallet.
Please note that any video, image, blog comment or other content posted at Your direction onto the Tech is “User Content” and is not PII subject to this Privacy Statement.
By providing Your PII and financial information when requested, you enable FanOP to provide You with access to the Tech and the Products and Services that You have chosen to receive and to enhance Your experience with FanOP. FanOP collects only such PII and financial information that are necessary for those purposes and may share that information with its partners and affiliates to the extent that they assist FanOP in providing access to the Tech and Related Products and Services to You.
FanOP does not otherwise rent, sell or share your PII with other people or non-affiliated companies without Your permission. FanOP may disclose PII in order to respond to subpoenas, court orders, or legal process; to the extent that FanOP is compelled to do so by law; to establish or exercise FanOP’ legal rights or defenses to any claim; or when, in FanOP’ sole discretion it is necessary to do so in order to prevent or respond to illegal activities, suspected fraud, threats, or illegal or immoral conduct.
If you choose not to share certain information with us, we may not be able to serve you as effectively or offer you our Services. Any information you provide to us that is not required is voluntary.
We may collect the following types of information from you:
• PII which may include Your full legal name, residential address, nationality, gender, utility bills, photogram, date of birth, email address, phone number, social security number or
• Formal identification information: Government issued identity document such as Passport, Driver's License, National Identity Card, State ID Card, Tax ID number, passport number, driver's license details, national identity card details, visa information, and/or any other information deemed necessary to comply with our legal obligations under financial or anti-money laundering laws.
• Correspondence: Survey responses, information provided to our sup-port team or user research team.
• Audio, electronic, visual and similar information, such as “selfie.”
You may be asked to provide PII in order to access restricted portions of the App, in connection with newsletters, competitions, messages, blogs, message boards, or other participation in the FanOP community. In order to receive some of the Products and Services offered in connection with FanOP, you may be required to provide additional PII, such as to facilitate Your purchase of NFTs, Upgrades, Upgrade Accommodations, or Related Products or Services or to transfer Your purchases to an Ethereum compatible wallet.
Please note that any video, image, blog comment or other content posted at Your direction onto the Tech is “User Content” and is not PII subject to this Privacy Statement.
By providing Your PII and financial information when requested, you enable FanOP to provide You with access to the Tech and the Products and Services that You have chosen to receive and to enhance Your experience with FanOP. FanOP collects only such PII and financial information that are necessary for those purposes and may share that information with its partners and affiliates to the extent that they assist FanOP in providing access to the Tech and Related Products and Services to You.
FanOP does not otherwise rent, sell or share your PII with other people or non-affiliated companies without Your permission. FanOP may disclose PII in order to respond to subpoenas, court orders, or legal process; to the extent that FanOP is compelled to do so by law; to establish or exercise FanOP’ legal rights or defenses to any claim; or when, in FanOP’ sole discretion it is necessary to do so in order to prevent or respond to illegal activities, suspected fraud, threats, or illegal or immoral conduct.
Your Contact Information
Your contact information includes Your name, address, email address, phone number and fax number. It may also include Your unique User Name and/or Password with which you access the Tech, Your Collectible Digital Tokens and/or restricted portions of the Site, the Tech and/or the Related Products and Services. FanOP may use Your contact information to communicate with You regarding Your access to FanOP including, but not limited to any fee issues that could arise. Additionally, FanOP may use Your contact information for any of the following reasons:
• To provide You with information about the initial offering of specific NFTs or Upgrades;
• To provide You with information about Related Products or Services that You have or may be interested in subscribing to receive;
• To provide You with e-newsletters and other promotional materials that you have requested and/or have not opted out of receiving;
• To send You notices regarding Your account renewal, expiration or termination;
• To resolve disputes that may arise between You and fanOP or You and third-parties concerning Your use of FanOP.
• To provide You with information about the initial offering of specific NFTs or Upgrades;
• To provide You with information about Related Products or Services that You have or may be interested in subscribing to receive;
• To provide You with e-newsletters and other promotional materials that you have requested and/or have not opted out of receiving;
• To send You notices regarding Your account renewal, expiration or termination;
• To resolve disputes that may arise between You and fanOP or You and third-parties concerning Your use of FanOP.
Information from Affiliates and Third Parties
From time to time, we may obtain information about You from our affiliates or third-party services providers as required or permitted by applicable law. This might include:
• Third Party identify verification Services, Public Databases, Credit Bureaus & ID Verification Partners: For certain Services, we might need to confirm your identify by comparing the information you provide us to public records and other third party databases. These service providers may create derivative data based on your personal information that can be used for identification verification and fraud prevention services. We obtain information about you from public databases and ID verification partners for purposes of verifying your identity in accordance with applicable law. ID verification partners like World-Check OnFido use a combination of government records and publicly available information about you to verify your identity. Such information may include your name, address, job role, public employment profile, credit history, status on any sanctions lists maintained by public authorities, and other relevant data. We obtain such information to comply with our legal obligations, such as anti-money laundering laws. In some cases, we may process additional data about you to assess risk and ensure our Services are not used fraudulently or for other illicit activities. In such instances, processing is necessary for us to continue to perform our contractual obligations with you and others, OnFido’s Privacy Policy, available at https://onfido.com/privacy/, describes its collection and use of personal data.
• Advertising Networks & Analytics Providers: We work with these providers to provide us with de-identified information about how you found our Sites and how you interact with our Sites and Services. This information may be collected prior to account creation. For more information on how you can manage collection of this data, please see our Cookies and Web Logs below.
Cookies And Web Logs
When You visit the Site, FanOP may send one or more cookies - a small text file containing a string of alphanumeric characters to your computer that uniquely identifies your browser. Some cookies remain after you close your browser and may be used by your browser on subsequent visits to the Site. Other cookies are temporary and disappear after you close your browser. The Site may also use first-party cookies (such as the Google Analytics cookie) which assist FanOP in learning about and optimizing the Website(s) for those who have visited the Website(s).
Additionally, certain information is sent by your browser, whenever You visit any Website. Server logs collect information that may include Your web request, Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
Information obtained through cookies and web logs may be unique to the User of the Website or aggregated with information about other Users. The information is used for many purposes that are intended to help FanOP’s general understanding of how You interact with and use the Site and related Products and Services, and to enhance Your experience. For example, cookies and web logs may help FanOP understand the flow of traffic at the Site, such as the pattern and duration of a visit to specific web pages, to optimize the user’s experience on the Site based upon prior interactions, and to offer additional Products and Services. To the extent that the use of cookies can result in the collection of PII, it will not be shared with others without your permission, but may be aggregated for anonymous analysis.
There are many things that You can do if You do not wish to receive cookies. For example, you can reset your web browser to refuse all cookies or to indicate when a cookie is being sent, explore your browser's "Do Not Track" settings, delete cookies that are set after You exit the Site, etc. However, some features of the Site may not function properly if the ability to accept cookies is disabled.
Additionally, certain information is sent by your browser, whenever You visit any Website. Server logs collect information that may include Your web request, Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
Information obtained through cookies and web logs may be unique to the User of the Website or aggregated with information about other Users. The information is used for many purposes that are intended to help FanOP’s general understanding of how You interact with and use the Site and related Products and Services, and to enhance Your experience. For example, cookies and web logs may help FanOP understand the flow of traffic at the Site, such as the pattern and duration of a visit to specific web pages, to optimize the user’s experience on the Site based upon prior interactions, and to offer additional Products and Services. To the extent that the use of cookies can result in the collection of PII, it will not be shared with others without your permission, but may be aggregated for anonymous analysis.
There are many things that You can do if You do not wish to receive cookies. For example, you can reset your web browser to refuse all cookies or to indicate when a cookie is being sent, explore your browser's "Do Not Track" settings, delete cookies that are set after You exit the Site, etc. However, some features of the Site may not function properly if the ability to accept cookies is disabled.
Third-Party Sites
FanOP may provide hyperlinks to websites owned and operated by third-parties. Third party websites will have their own privacy policies, and may also use cookies or weblogs, over which FanOP has no control. You may wish to review those policies to determine when and how Your information will be used by those third-parties. FanOP does not accept any responsibility or liability for the privacy practices of such third-party websites and Your use of such websites is at your own risk.
Confidential Use And Storage Of Personal Information
FanOP will take commercially reasonable steps to limit access to Your personal information to those FanOP employees, partners and affiliates who we believe reasonably need to have access to that information in connection with their employment or affiliation with FanOP. FanOP will hold Your personal information on our systems for as long as you are registered with FanOP and/or Your information is necessary for the performance of FanOP’s business. For safety reasons, however, we may store messaging transcript data (including message content, member names, times and dates) arising from the use of the Tech and/or Your direct communications with FanOP. FanOP has implemented measures designed to secure PII from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. As a result, while FanOP attempts to protect all PII, FanOP cannot ensure or warrant that PII will be completely secure from misappropriation by cybercriminals or other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. Any transmission of PII is at your own risk. FanOP will notify You in the event we become aware of a security breach involving Your PII (as defined by the applicable state, federal, and international laws) stored by or for us.
Remember that You are the first defense to protect Your personal information. You are in the best position to safeguard Your PII and other personal information from improper disclosure, by keeping it private and transmitting it only when necessary, through secure methods. You are responsible for keeping Your unique Username and Password private. FanOP will have no responsibility if Your personal information is accessed or used due to Your handling of the information, including permitting others to have access to and use Your unique Username and Password.
In addition, fanOP may use Your information in the following ways:
Remember that You are the first defense to protect Your personal information. You are in the best position to safeguard Your PII and other personal information from improper disclosure, by keeping it private and transmitting it only when necessary, through secure methods. You are responsible for keeping Your unique Username and Password private. FanOP will have no responsibility if Your personal information is accessed or used due to Your handling of the information, including permitting others to have access to and use Your unique Username and Password.
In addition, fanOP may use Your information in the following ways:
• Legal and Regulatory Compliance: For certain fanOP Services, we are required us to collect, use, and store your personal information in certain ways including fulfilling our obligations with third-party service providers used in our Services. For example, fanOP must identify and verify customers using our Services in order to comply with anti-money laundering laws across jurisdictions. This includes collection and storage of your photo identification. In addition, we use third parties to verify your identity by comparing the personal information you provide against third-party databases and public records. If you do not provide personal information required by law, we will have to close your account.
• fanOP Services: We process your personal information to provide the Services to you. For example, when you want to store funds on our platform, we require certain information such as your identification, contact information, and payment information. We cannot provide you with Services without such information. Third parties such as identity verification services may also access and/or collect your personal information when providing identity verification and/or fraud prevention services.
• Service communications and customer service: We send administrative or account-related information to you to keep you updated about our Services, inform you of relevant security issues or updates, or provide other transaction-related information. We may also process your personal information when you contact us to resolve any questions, disputes, collect fees, or to troubleshoot problems. Without processing your personal information for such purposes, we cannot respond to your requests and ensure your uninterrupted use of the Services.
Data Retention of Personal Information
We may store your personal information throughout the life of your fanOp account as well for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes. While retention requirements vary by jurisdiction, to the extent legally permitted, we will retain the following information from You for a minimum of 7 years following date of your account closure:
• All identifying information received
• Descriptions of any steps taken to verify customers
• Any additional due diligence information collected
• Copies of all government issued identification documentation obtained following the date the verification is performed
Credit Card Information
FanOP collects credit card or financial information solely for the purpose of conducting the transactions that You select to receive on the Tech.
Privacy And Children
FanOP does not knowingly collect or maintain personally identifiable information or non-personally identifiable information from persons under 18 years of age without the appropriate consent of the individual’s parent or guardian. No part of FanOP, including the Website, Application, Products and Services are offered, directed or intended to be provided to persons under 13, or, in the case of individuals over the age of 13 and under 18, without the express and verified authorization of Your parent or guardian.
If You are under 13 years of age, then please do not use or access FanOP or any portion of the Tech at any time or in any manner. If You are older than 13 and under 18, You may ONLY access and use FanOP with the express and verified authorization of a parent or guardian. If FanOP learns that PII belonging to persons 18 years of age or under has been collected without verified parental consent, FanOP will take appropriate steps to delete this information.
If You are under 13 years of age, then please do not use or access FanOP or any portion of the Tech at any time or in any manner. If You are older than 13 and under 18, You may ONLY access and use FanOP with the express and verified authorization of a parent or guardian. If FanOP learns that PII belonging to persons 18 years of age or under has been collected without verified parental consent, FanOP will take appropriate steps to delete this information.
Impact Of Merger Or Sale
In the event that FanOP is acquired by, sold to, or merged with a third-party entity, FanOP may transfer or assign the information we have collected from You as part of such merger, acquisition, sale, or other change of control. In such event, the acquiring company shall notify You of their acquisition and provide You with a copy of their Privacy Statement within a commercially reasonable time from the acquisition.
Changes And Updates To This Privacy Notice
FanOP reserves the right to modify, update, add, delete, revise and change this Privacy Policy at any time. Such changes are effective, and You agree to be bound by such changes, when You “click” the accept button on the Site, when You access or use the Application, or 30 days from the date the changes are posted to the Site, whichever occurs sooner.
OPT OUT AND REQUESTS FOR PII DISCLOSURE
You have the right to choose to opt out of receiving some types of communications. If You wish to opt-out of receiving some communications, please write to info@fanaply.com. However, others types of communications are essential to Your access to the Tech and its functionality, Your access to Your Collectible Digital Tokens, and Your chosen Related Products and Services. If you do not wish to receive communications that are essential to FanOP’s interaction with You, do not register for, access or download The Tech, purchase Collectible Digital Tokens, or request Related Products or Services.
PRIVACY RIGHTS FOR INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA (“EEA”)
Under the European Union’s General Data Protection Regulation (“GDPR”), individuals in the EEA have additional privacy rights:
• Right to be Informed. Individuals have the right to transparency regarding our collection of personal data.
• Right of Access. Individuals have the right to know exactly what information is held about them and how it is processed.
• Right of Rectification. Individuals will be entitled to have personal data rectified if it is inaccurate or incomplete.
• Right to Erasure. Also known as 'the right to be forgotten', this refers to an individual's right to having their personal data deleted or removed without the need for a specific reason as to why they wish to discontinue.
• Right to Restrict Processing. An individual's right to block or suppress processing of their personal data.
• Right to Data Portability. This allows individuals to retain and reuse their personal data for their own purpose.
• ight to Object.R In certain circumstances, individuals are entitled to object to their personal data being used.
• Rights of Automated Decision Making and Profiling. The GDPR has put in place safeguards to protect individuals against the risk that a potentially damaging decision is made without human intervention.
If You wish to exercise your rights under the GDPR, please contact us using any of the methods provided in the “Contact Us” section below. We will consider and process Your request within a reasonable period of time. Please be aware that under certain circumstances, the GDPR may limit your exercise of these rights.
You may file a complaint with EU data protection authorities (“DPAs”). A list of DPAs from the European Commission may be found here: http://ec.europa.eu/newsroom/article29/document.cfm?action=display&doc_id=50061.
• Right to be Informed. Individuals have the right to transparency regarding our collection of personal data.
• Right of Access. Individuals have the right to know exactly what information is held about them and how it is processed.
• Right of Rectification. Individuals will be entitled to have personal data rectified if it is inaccurate or incomplete.
• Right to Erasure. Also known as 'the right to be forgotten', this refers to an individual's right to having their personal data deleted or removed without the need for a specific reason as to why they wish to discontinue.
• Right to Restrict Processing. An individual's right to block or suppress processing of their personal data.
• Right to Data Portability. This allows individuals to retain and reuse their personal data for their own purpose.
• ight to Object.R In certain circumstances, individuals are entitled to object to their personal data being used.
• Rights of Automated Decision Making and Profiling. The GDPR has put in place safeguards to protect individuals against the risk that a potentially damaging decision is made without human intervention.
If You wish to exercise your rights under the GDPR, please contact us using any of the methods provided in the “Contact Us” section below. We will consider and process Your request within a reasonable period of time. Please be aware that under certain circumstances, the GDPR may limit your exercise of these rights.
You may file a complaint with EU data protection authorities (“DPAs”). A list of DPAs from the European Commission may be found here: http://ec.europa.eu/newsroom/article29/document.cfm?action=display&doc_id=50061.
CALIFORNIA RESIDENTS
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by FanOP to third parties for the third parties’ direct marketing purposes. As described above, we do not disclose your personal information to third parties for their direct marketing purposes. Nevertheless, if you wish to make such a request, please send an email.
INTERNATIONAL DATA TRANSFERS
Please be aware that your information may be transferred to, stored, or processed in the United States. Data protection, privacy and other laws of the United States may not be as comprehensive or define different rights and responsibilities than those that apply in Your country. By using the App, or Related Products or Services, You are representing that You understand and consent to the transfer of your information to our facilities in the United States which shall, at all times, be governed by the laws of the United States of America. FanOP has procedures in place to ensure Your information receives adequate protection, including but not limited to, entering into contracts with our affiliates and third-party service providers which stipulate the standards they must follow at all times including the Standard Contractual Clauses.
ANALYTICS
We may use third-party Service providers to monitor and analyze the use of our Service.
BEHAVIORAL REMARKETING
The Company uses remarketing services to advertise on third party websites to You after You visited our Service. We and Our third-party vendors use cookies to inform, optimize and serve ads based on Your past visits to our Service.