PRIVACY POLICY

Effective Date: March 21, 2021

INTRODUCTION AND SCOPE

CheckedFan®, which includes Checked Fan, LLC, Checked Talent, LLC, Checked Merch, LLC and Stanford Entertainment Group, LLC (collectively, “Checked Fan”, “we”, “us”, and “our”)  owns and operates www.checkedfan.com (the “Site”), and respects your privacy and are committed to protecting the personal data we hold about you. If you have questions, comments, or concerns about this Privacy Policy or our processing of personal data, please see the bottom of this Privacy Policy for information about how to contact us. 

CheckedFan is a social network which enables some Users to share their Content, other Users to enjoy Content and for some Users to do both. We refer to Users who share Content as “Creators” and Users who pay to view Creators’ Content as “Fans”, which includes different levels. This Privacy Policy explains our practices with respect to personal data we collect and process about you. This includes information we collect through, or in association with, our Site, our Services that we may offer from time to time on the Site, other websites we may from time to time establish or maintain and other social media sites such as YouTube, Facebook, Twitter, Vimeo, TikTok, Snap Chat, Triller, and Instagram, or otherwise through your interactions with us (the Site, our social media pages, and services, collectively, the “Services”).

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS PRIVACY POLICY, WHICH DESCRIBES HOW WE COLLECT, USE AND DISCLOSE YOUR DATA AND THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY OUR TERMS OF USE, WHICH CONTAINS AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS, WHICH ARE INCORPORATED INTO THIS PRIVACY POLICY, AND YOU CONSENT TO SUCH COLLECTION, USE AND DISCLOSURE. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.

This Privacy Policy also applies to information shared with us by our approved partners and other third-party sources, including information gathered when you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this Privacy Policy. However, this Privacy Policy does not apply to such third-party websites, and we are not responsible for the content of such third-party websites or the privacy practices of such third parties. Therefore, we encourage you to request and review the privacy policies of any third parties before disclosing your personal information to such parties or when visiting such third-party websites.

This Privacy Policy also sets out how you can access certain information that we may collect about you, and your other rights in respect of such information. 

We may refuse to provide our Site or Services, close accounts, and change eligibility requirements at any time.

If you have any questions or comments about this Policy or the ways in which we use the information we collect, please do not hesitate to contact us, using the contact information provided in this Privacy Policy.

CHANGES

We reserve the right in our sole discretion, to change, modify, add, or remove portions of this Privacy Policy at any time. Any changes or modifications will be effective immediately upon posting of the revisions on the Site and shall apply to all use of the Site, Services, and all acts or omissions occurring after the effective date of the revised Privacy Policy. You waive any right you may have to receive specific notice of such changes or modifications. It is your responsibility to check this Privacy Policy periodically for changes. Your continued use of the Site and/or the Services following the posting of changes, will mean that you accept and agree to all changes or modifications. 

INFORMATION WE COLLECT

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual/consumer (“personal data”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal data. To the extent this data is stored or associated with personal data, it will be treated as personal data. Other data/information is not subject to this Privacy Policy.

Categories of Personal Data We Collect

The types of personal data we collect about you depends on your interactions with us and your use of the Services. We currently, and in the past twelve (12) months, collected the following categories of personal data from our users:

We will not collect additional categories of personal data other than those categories listed above. If we intend to collect additional categories of personal data, we will provide you with a new notice at or before the time of collection.

Third Party Services 

We use multiple third-party services to manage our applications and provide features, functionality, and customer service. If you use Site or Services the services listed below may have some portion of your information and you should review their terms of use and privacy policies:

• Google – https://policies.google.com/privacy#infocollect

• Facebook Pixel – https://termsfeed.com/blog/privacy-policy-facebook-retargeting/

• Zendesk – https://www.zendesk.com/company/customers-partners/privacy-policy/

• Kiss Metrics – https://signin.kissmetrics.com/privacy/

• Shopify – https://www.shopify.com/legal/privacy

• Stripe – https://stripe.com/us/privacy

• Churn buster – https://www.iubenda.com/privacy-policy/66947928

• Mailchimp – https://mailchimp.com/legal/

• Mail Munch – https://legal.mailmunch.com/privacy/

• Get social – https://getsocial.io/

How We Use Your Personal Data

We may collect or maintain records and copies of correspondence, including your e-mail, details of transactions you carry out through our Site and Services, information about the content you create, information about the content you view/interact, your search queries on the Site and Services, and the provision and receipt of Services through the Site and Services. You may be required to provide additional information, including financial information before placing an order, or signing up for or receiving Services through the Site. We collect and process your personal data for the following business and commercial purposes:

We will not use the personal data we collected for materially different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent.

How We Obtain Your Personal Data

We collect your personal data from the following categories of sources:

How We Share Your Personal Data 

We may share personal data described above as set forth in this Privacy Policy or as otherwise described at the time such information is collected from you. We will not sell, rent, or swap this information. For example, we may disclose personal information that we collect, or you provide as follows:

Personal Data We Share

In the past twelve (12) months, we shared with the following categories of third parties the following categories of personal data for a business purpose:

CALIFORNIA CONSUMERS RIGHTS REGARDING PERSONAL DATA

As of January 1, 2020, if you are a California resident, you may request a copy of your personal information. You may also request that we delete or amend all or part of your personal information. To submit a verified request, please contact us at info@Checkfan.com and title the subject of your email “California Privacy Rights Request”. In response, we will request information from you to verify your identity. 

California’s Shine the Light Law

California’s “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what personal data (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge. However, we do not disclose personal data protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

California Consumer Privacy Act

As of January 1, 2020, if you are a California consumer you may request a copy of your personal information. You may also request that we delete or amend all or part of your personal information. To submit a verified request, please contact us at privacy@checkedfam.com and title the subject of your email “California Privacy Rights Request”. In response, we will request information from you to verify your identity.  The California Consumer Privacy Act (“CCPA”) provides our users who are California residents the following rights:

Right to Know

You have the right to request that we disclose certain information to you about the personal data we collected, used, disclosed, and sold about you in the past 12 months. This includes a request to know any or all of the following:

Right to Data Portability

You have the right to request a copy of personal data we have collected and maintained about you in the past 12 months.

Right to Delete

You have the right to request that we delete the personal data we collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your personal data, we may deny your request or may retain certain elements of your personal data if it is necessary for us or our service providers to:

Right to Opt-Out/Opt-In

You have the right to opt-out of the sale of your personal data. You also have the right to opt-in to the sale of personal data. However, at this time, we do not sell your personal data.

Right Not to be Discriminated Against

You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights. Unless permitted by the CCPA, we will not:

To exercise your California privacy rights described above, please submit a verifiable request to us by emailing us at info@CheckedFan.com.

Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your personal data.

You may only make a verifiable consumer request for Right to Know or Data Portability twice within a 12-month period. The verifiable consumer request must:

We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.

Consumer Request by an Authorized Agent

If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require an email be sent to info@CheckedFan.com, along with all of the below items:

We cannot respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request and confirm the personal data relates to you. Making a verifiable consumer request does not require to create an account with us. However, if you do have an existing login, we will require you to log in to submit a request. We will only use personal data provided in a verifiable consumer request to verify the request’s identity or authority to make the request.

We will acknowledge receipt of the request within ten (10) business days of its receipt. We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response electronically. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

NEVADA PRIVACY RIGHTS

If you are a Nevada consumer, Nevada law permits you to request that your personal data not be sold (as defined under applicable Nevada law), even if your personal data is not currently being sold. Requests may be sent to info@CheckedFan.com, and are free of charge.

YOUR CHOICES

You have choices about certain information we collect about you, how we communicate with you, and how we process certain personal data. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide some of our Services, you may not be able to use those Services. In addition, it is possible to change your browser settings to block the automatic collection of certain information.

Communications (including email)

You may opt out of receiving email communications from us at any time by following the opt-out link or other unsubscribe instructions provided in any email message received, by contacting us as provided at the end of this Privacy Policy, or by changing your notification preferences in account settings  you wish to opt out by sending us an email to the address provided below, please include “Opt-Out” in the email’s subject line and include your name and the email address you used to sign up for communications in the body of the email. Note, that if you do business with us in the future, you may not, subject to applicable law, opt out of certain automated notifications, such as order or subscription confirmations, based on business transactions (e.g., e-commerce).

Third-Party Cookies and Tracking Technologies

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. 

You can choose whether or not to accept cookies and other tracking technologies, as explained below. However, you should be aware that disabling cookies may prevent you from enjoying the full functionality of the Site and/or Services.

Google Analytics and other Social Pixels

Third-party analytics services, including but not limited to, Google Analytics and Google Tag manager, both provided by Google Inc. (“Google”), Facebook, Tik Tok Pixel and Twitter Pixel use cookies and similar technologies to analyze how visitors use our Services and for compiling statistical reports.

To learn more about our use of Google Analytics and what Google Analytics does, please see https://analytics.google.com. If you do not want your data collected with Google Analytics, you can install the Google Analytics opt-out browser add-on. This add-on instructs the Google Analytics JavaScript (ga.js, analytics.js, and dc.ja) running on websites to prohibit sending information to Google Analytics. To opt-out of analytics for the web, visit the Google Analytics opt-out page and install the add-on for your browser. For more details on installing and uninstalling the add-on, please see the relevant help resources for your specific browser. 

Location Information 

If you want to limit or prevent our ability to receive location information from you, you can deny or remove the permission for certain Services to access location information or deactivate location services on your device. Please refer to your device manufacturer or operating system instructions for instructions on how to do this.

Your Options

Most browsers allow you to change your cookie settings. The “Options” or “Preferences” menu of most browsers detail how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Your browser’s settings may also allow you to disable or delete similar technologies and data used by browser add-ons (such as Flash cookies), for instance by changing the add-on’s settings or clearing browser storage. Browser manufacturers provide help pages relating to cookie management in their products. 

For other browsers, please consult the documentation that your browser manufacturer provides. If you only want to limit third party advertising cookies, you can turn off most of these cookies by visiting the following links (but be aware that not all of the companies listed on these sites drop cookies via our Services):

For users in the United States, you may also be able to exercise your website cookie preferences by visiting the TRUSTe preference center by clicking this link: http://preferences-mgr.truste.com/. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) directly on the NAI’s website http://optout.networkadvertising.org/?c=1#!/. 

For Google Analytics, you can opt-out through Google Ads Settings, Ad Settings for mobile apps, or any other available means (e.g. the NAI’s consumer opt-out listed above). Google also provides a Google Analytics opt-out plug-in for the web.

Please note that even if you opt-out and limit cookies or these third-party tracking technologies, they may still collect data and you may still see ads, but they will not be targeted based on information collected through these technologies.

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of our Online Services may not be available to you. 

OTHER INFORMATION ABOUT YOUR PRIVACY

How We Respond to Do Not Track Signals

Do Not Track is a privacy preference that users can set in their web browsers. Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. Since uniform standards for “DNT” signals have not been adopted, we do not currently process or respond to “DNT” signals. We deploy cookies and other technologies on our Site or Services to collect information about you and your browsing activity, even if you have turned on the Do Not Track signal.

California and Delaware “Do Not Track” Disclosures

California and Delaware law require us to indicate whether we honor “Do Not Track” settings in your Web browser concerning targeted advertising. At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating “Do Not Track” signals. Thus, like many other websites and online services, we do not currently respond to any “Do Not Track” browser requests.

Linked Services

Where we provide links to other websites or services, we do so for information purposes only. The other websites and services are outside our control and are not covered by this Privacy Policy. If you access other websites or services using the links provided, the operators of these websites and services may collect personal information from you which will be used by them in accordance with their privacy policy, which may differ from ours. By accessing a third party website or link from the Website, you hereby release us from any and all liability for your use of such website or link. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM AND EXPRESSLY DISCLAIM ANY LIABILITY ASSOCIATED WITH HOW SUCH THIRD PARTIES COLLECT, STORE, USE OR DISCLOSE YOUR PERSONAL INFORMATION. If you choose to visit one of these websites, you should review the privacy policies that govern those particular websites.

International Transfer

Our Site and Services are governed by and operated in accordance with the law in the State of Texas. If you are located outside of the United States, you use the Site or Services at your own risk. Your information will be stored and processed in the United States where our databases operate. By using our Site or Services, you acknowledge that the data protection and other laws of other countries, such as the United States, may provide a less comprehensive or protective standard of protection than those in your country, and consent to your information being collected, processed and transferred as set forth in this Privacy Policy and US law. 

PROTECTING PERSONAL DATA

We use reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal data. Those safeguards include: (i) the encryption of personal data where we deem appropriate; (ii) taking steps to ensure personal data is backed up and remains available in the event of a security incident; and (iii) periodic testing, assessment, and evaluation of the effectiveness of our safeguards.

However, no method of safeguarding information is completely secure. While we use measures designed to protect personal data, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Services is or will be secure.

RETENTION OF PERSONAL DATA

We retain personal data for as long as we have a use for that information or as otherwise allowed by law to the extent we deem necessary to carry out the processing activities described above, including but not limited to compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties. Under applicable law, we are required to retain certain financial information for seven (7) years.

OTHER IMPORTANT INFORMATION ABOUT PERSONAL DATA AND THE SERVICES.

Identity Verification

We require our content creators to ensure that we do not knowingly offer our Services to or collect personal data from anyone under 13 or anyone using a false identity, and offer checks as an option for Fans. These checks involve providing certain information to one or more of our service providers to verify your identity. 

Payment Information

Payments made by Fans to access content are processed by our third party payment providers. For example, when you make a payment that is processed by a payment provider, you will provide that third party with your credit card number, credit card expiration date, and security code, which they process and store subject to their privacy policy and terms of service. We do not receive your full credit card number, credit card expiration date, or the security code. Instead, the payment provider provides us with a “token” that represents your account, your card’s expiration date, card type and the first two and last four digits of your card number. If you are required to provide your name and email address to the payment provider, then they also provide us with that information. Payments issued to Creators for their content are made by Checked Fam using the bank account information that we have collected and stored.

Collection of Personal Data from Children

Our Site and/or Services are not intended for anyone under 13. Anyone under 13 years of age is not permitted to use the Services, and we do not knowingly collect information from children under the age of 13. By using the Services, you represent that you are 13 years of age or older.

Third-Party Websites and Services

As a convenience, we may reference or provide links to third- party websites and services, including those of unaffiliated third parties, our affiliates, service providers, and third parties with which we do business (including, but not limited to, our service providers). When you access these third-party services, you leave our Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third-party websites and services. You access these third-party services at your own risk. This Privacy Policy does not apply to any third-party services; please refer to the Privacy Policies or policies for such third-party services for information about how they collect, use, and process personal data.

Business Transfer

We may, in the future, sell or otherwise transfer some or all of our business, operations or assets to a third party, whether by merger, acquisition or otherwise. Personal data we obtain from or about you via the Services may be disclosed to any potential or actual third- party acquirers and may be among those assets transferred.

MODIFICATIONS AND UPDATES TO THIS PRIVACY POLICY

This Privacy Policy replaces all previous disclosures we may have provided to you about our information practices with respect to the Site and the Services. We reserve the right, at any time, to modify, alter, and/or update this Privacy Policy, and any such modifications, alterations, or updates will be effective upon our posting of the revised Privacy Policy. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this Privacy Policy, such as by posting a notice on the Services. Your continued use of the Services following our posting of any revised Privacy Policy will constitute your acknowledgement of the amended Privacy Policy.

APPLICABILITY OF THIS PRIVACY POLICY

This Privacy Policy is subject to the Terms of Service and Acceptable Use Policy that govern your use of the Site and the Services. This Privacy Policy applies regardless of the means used to access or provide information through the Services.

This Privacy Policy does not apply to information from or about you collected by any third-party services, applications, or advertisements associated with, or websites linked from, the Services. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices, and under no circumstances are we responsible or liable for any third party’s compliance therewith.

CONTACT INFORMATION

We welcome questions and comments about this Privacy Policy. Requests for access and correction of your personal information, and questions or complaints about our handling of personal information or compliance with this Privacy Policy and applicable laws, should be directed to us at info@CheckedFan.com or by mail at CheckedFan, 5300 Memorial Drive, Suite 1000, Houston, Texas 77007.