Effective Date: March 21, 2021
INTRODUCTION AND SCOPE
We may refuse to provide our Site or Services, close accounts, and change eligibility requirements at any time.
INFORMATION WE COLLECT
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:
- Identifiers such as a real name, alias, postal address, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers, such as age, date of birth, and sexual orientation.
- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code 1798.80(e)).
- Characteristics of protected classifications under California or federal law.
- Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Biometric information. Note: While we do not collect biometric information, if you choose to authenticate yourself through certain service providers we use, they may collect biometric information subject to their privacy policies, but we are never provided with access to that information.
- Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
- Audio, electronic, visual, thermal, olfactory, or similar information.
- Professional or employment-related information.
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
• 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:
- Developing, enhancing, improving, operating, providing, predicting, or performing, including maintaining or servicing accounts, enhancing the Services and your experience with them, providing customer service, processing or fulfilling transactions, verifying your identity, and processing payments.
- Communicating with you by email and text/SMS about the Services, verifying your identity, responding to support inquiries or sharing information about the Services.
- Establishing and conducting commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with us including at the Stores, on or through the Site or through the Services.
- To conduct or administer contests, sweepstakes or other promotions in which you have participated.
- To customize your experience on the Site or Services.
- To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving us, including in the course of producing information for due diligence or to conclude such a transaction.
- To troubleshoot problems with the Site or Services.
- To access, preserve, disclose and use your personal information contained in your account, all user-created content, all communications to and from you, all information relating to your use of the Site, if we are required to do so by law or legal process or if we determine, in our sole discretion, that such action is necessary to protect our rights, or the rights of any third parties or other users of the Site or for purposes of responding to your requests for customer service.
- To share with our legal, financial, insurance or other such advisors in connection with a business transaction or management of all or part of our business operations.
- Auditing related to a current interaction with the user and concurrent transactions.
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
- Debugging to identify and repair errors that impair existing intended functionality.
- Undertaking internal research for technological development and demonstration.
- Undertaking activities to verify or maintain the quality or safety of the Services owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the Services owned, manufactured, manufactured for, or controlled by us.
- Complying with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law.
- As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.
- For any other purpose that you provide us consent or as we otherwise notify you.
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:
- Directly from you. We may collect personal information in connection with your use of the Site and/or our Services. For example, when you provide it to us directly to open an account and use the Services, or when you update the information in your account.
- Automatically or indirectly from you. For example, through and as a result of your use of and access to the Site and Services. Specifically, as you navigate through and interact with the Site and Services, we may automatically collect additional information about you, including pages you visit, your geographic location based on your Internet Protocol (IP) address , promotions or specials with which you interacted, browsing actions and patterns, the frequency of user visits to the Sit and Services, the routes by which users access the Site and Services and use of any hyperlinks available on the Site and Services, and other similar behaviors.
- Through Cookies and other tracking technologies. If you leave a comment on our Site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. If you have an account and you log in to the Site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal information and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices.
- From Media. If you upload images to the Site, you should avoid uploading images with embedded locations date (EXIF GPS) included. Visitors to the Site can download and extract any location date from images on the Site.
- From our service providers.
How We Share Your Personal Data
- To business partners, affiliated entities, or businesses that we have engaged to perform business-related functions on our behalf or on behalf of our advertisers. This may include service providers that: (a) conduct research and analytics; (b) create content; (c) provide customer, technical or operational support; (d) conduct or support marketing (such as text, email or advertising platforms); (e) fulfill orders and user requests; (f) handle payments; (g) host our Services, forums and online communities; (h) administer contests; (i) maintain databases; (j) send or support online or mobile advertising; (k) to deliver promotional materials, contests, sweepstakes and other promotions; (l) to answer customer questions about our products and Services; and (m) otherwise provide and support our Site and Services.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. For example, we may provide information as necessary to companies that host our Services or send communications on our behalf or on behalf of users of the Site or our Services. These service providers may have access to information about you if it is needed to perform their functions for us, but they are not authorized by us to use or disclose such information except as necessary to perform services on our behalf or to comply with legal requirements, and they are required to maintain the information in confidence.
- In response to legal process, for example, in response to a court order or a subpoena, a law enforcement or government agency’s request or similar request.
- With third parties in order to investigate, prevent, or take action (in our sole discretion) regarding potentially illegal activities, suspected fraud, situations involving potential threats to any person, us, or the Services, or violations of our policies or the law.
- To comply with the policies governing our Site or Services.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Site or Services users is among the assets transferred.
- To third parties to market their products or services to you if you have not opted out of these disclosures.
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:
- Identifiers (e.g. name, address, email address, government ID, IP address) with Service providers.
- Identifiers (e.g. account name) with other Creators and Fans.
- Personal information categories listed in the California Customer Records statute (e.g. government ID, bank account numbers) with Service providers.
- Audio, electronic, visual, thermal, olfactory, or similar information (e.g. content you create) with Service providers.
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 firstname.lastname@example.org 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:
- The categories of personal data collected about you;
- The categories of sources from which we collected your personal data;
- The categories of personal data that we have sold or disclosed about you for a business purpose;
- The categories of third parties to whom your personal data was sold or disclosed for a business purpose;
- Our business or commercial purpose for collecting or selling your personal data; and
- The specific pieces of personal data we have collected about you.
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:
- Complete the transaction for which the personal data was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
- To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Comply with a legal obligation.
- Otherwise use the personal data, internally, in a lawful manner that is compatible with the context in which you provided the information.
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:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
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:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal data or an authorized representative. Depending on the nature of the request, we may need to verify your identity through an additional verification process.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
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:
- Proof that you gave the authorized agent signed permission to submit the request.
- Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.
- To verify your identity, depending on the nature of the request, we may also require a valid Government Issued ID (not expired), email address, and the last 4 digits of the social security number.
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.
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)
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
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.
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.
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.
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.
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.
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
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.