Last Updated: 3/29/2023
Please read this Policy carefully to understand our practices regarding your personal information and how we will treat it. If you do not agree with this Policy, your sole choice is to leave the Site. By accessing or using the Site, you agree to this Policy and consent to our collection, use, disclosure, retention, and protection of your information as described in this Policy.
We reserve the right to revise, amend, or modify this Policy at any time and in any manner. We will consider your continued use of the Site after we make changes to this Policy as your acceptance of the changes, so you must periodically revisit this Policy and check the “Last Updated” date above. If changed, this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
1. How old do you have to be to use the Services?
We prohibit anyone under the age of eighteen (18) from accessing the Site or using the Services. We do not knowingly market to or collect or solicit any information from or about anyone under the age of eighteen (18). If you are under the age of eighteen (18), you must not submit information to us and must immediately leave the Site. If we learn that we have collected information from or about a person under the age of eighteen (18), we will delete that information as quickly as possible. If you believe that we might have such information, please contact us at [INSERT EMAIL].
2. What types of information do we collect about you?
We may collect several types of “personal information” from and about users of the Site, including any information that personally identifies you or that could be reasonably linked to you or your household, including your name; alias; username or other unique personal identifier, password, and security questions and answers; postal, billing, and shipping address; email address; IP address and other Internet network activity information such as browsing history, search history, and online interactions; geolocation data; telephone number; social security number; driver’s license, passport, or other identification card number; credit card or banking information; order history; biometric information. However, this Policy does not apply to personal information that has been de-identified or that is otherwise publicly available.
If you are a Model, we, or our contractors, may collect, store, and/or maintain biometric information including, but not limited to, a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry, from any content or verification documents you provide to us or upload to the Site, for the purposes of age/identity verification and/or content moderation.
3. How do we collect your personal information?
We collect your personal information directly from you when you provide it to us, such as through:
- The account registration process;
- Your profile information or other posts;
- Your purchases and other financial transactions;
- Your search queries;
- Your linked social media accounts;
- Your responses to any surveys we ask you to complete;
- Your other communications and interactions with us, whether by contact form, phone, mail, email, text, or other means, including on third-party social media platforms; and
- Our technologies, including our servers, log files, cookies, pixel tags, and analytics services.
We also collect your personal information automatically from your computer device or mobile phone and through cookies, web beacons, and other tracking technologies.
This Policy does not apply to information collected by us offline or through any other means, or by any third party that is linked to or accessible through the Site.
4. Do third parties collect my personal information on the Site?
Please be aware that we do not operate, control, or endorse third-party websites that may be linked on the Site, nor are we responsible for the content or privacy practices of third-party websites. We disclaim any responsibility for your personal information on third-party websites, and we do not make any warranties or representations that any third-party website (or even this Site) will function without error or interruption, that defects will be corrected, or that any third-party websites or their servers are free of viruses or other problems that may harm your computer. We encourage you to be aware when you leave the Site and to read the privacy policies of any third-party website that collects your personal information.
5. How do we use your personal information?
We may use your personal information:
- To provide you with access to the Site and use of the Services;
- To speed up the Services, such as by automatically updating your account information;
- To recognize you when you return to the Services;
- To personalize the Services according to your preferences and individual interests;
- To notify you about changes to the Services and our policies;
- To monitor and analyze traffic and usage trends related to the Services;
- To verify the integrity and security of the Services;
- To improve the Services and provide customer service;
- To investigate and prevent unauthorized or prohibited uses of the Services;
- For marketing or advertising purposes; and
- For any other purpose with your consent.
6. Do we share your personal information with third parties?
We may share publicly available information and de-identified information with third parties without restriction. However, we may only disclose your personal information to:
- Our subsidiaries, affiliates, contractors, service providers, and other third parties as necessary to provide the Services to you;
- Potential buyers or other successors in the event of a merger, joint venture, assignment, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of assets including bankruptcy, liquidation, or similar proceeding;
- Law enforcement authorities, government agencies, and private litigants, such as in response to lawful criminal, civil, or administrative process or discovery requests, subpoenas, court orders, writs, or reasonable requests of authorities or persons with the reasonable power to obtain such process;
- Any other party as necessary to identify, contact, or bring legal action against someone who may be violating our policies;
- Any other party to comply with a legal or tax obligation or to protect our legitimate interests;
- Any other party as necessary to protect the rights, property, or safety of us, our users, or the general public, including but not limited to disclosures for the purposes of fraud protection and credit risk reduction; and
- Any other party with your consent.
7. What choices do you have over your personal information?
We strive to provide you with choices about the personal information you provide directly to us. You can always delete or restrict any personal information that you provided directly to us. In the case of personal information contained in your content, you may (i) change the privacy settings associated with the content and/or your account, or (ii) delete the content containing the personal information from your profile. In all other cases, we will delete any personal information that you have provided directly to us, if you request to permanently delete your account. However, we may retain your personal information for any use set forth herein. Further, we may refuse to accommodate any change if we believe doing so would violate any law or legal requirement or cause the information to be incorrect.
Do Not Track (“DNT”) is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your browser history collected over time and across websites or online services. However, we do not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information, visit www.allaboutdnt.com.
We do not control third parties’ collection or use of your personal 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.
8. How long do we retain your personal information?
Except as otherwise permitted or required by applicable law or regulation, we will retain your personal information only for as long as necessary to fulfill any use of your personal information set forth herein. However, we reserve the right to retain publicly available information and de-identified information for any legitimate business purpose without further notice to you or your consent.
9. Is my personal information secure?
We are committed to data security, and we have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, change, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. However, you understand and agree that the transmission of your personal information over the Internet is not completely secure. While we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures used by the Site.
10. State Privacy Rights
- Your California Privacy Rights: We do not meet the triggers of California Civil Code §1798.83, because we do not disclose personal information to third parties for direct marketing purposes. We do not meet the triggers of the California Consumer Privacy Act, in part because we do not sell your personal information.
- Nevada: We do not meet the triggers of Nevada Revised Statute Chapter 603A. While we do not sell your personal information, Nevada residents may submit an opt-out request to [INSERT EMAIL] which we will honor if we sell your personal information at a future date.
- Virginia: We do not meet the triggers of Virginia’s Consumer Data Protection Act.
- Colorado: We do not meet the triggers of the Colorado Privacy Act.
- Connecticut: We do not meet the triggers of the Connecticut Data Privacy Act.
- Utah: We do not meet the triggers of the Utah Consumer Privacy Act.
8. Rights Under the General Data Protection Regulation
The lawful basis for our processing of Information You Provide to Us is to perform or take steps to perform a contract with you (e.g., complete a sale) and the personal data you provide is necessary to consummate the sale. As to marketing communications, the lawful basis for us to transmit those communications to you is your consent to receive those communications, which you can withdraw at any time.
The lawful basis for the processing of Information We Collect Automatically is our legitimate interest in delivering the Website to you and monitoring and improving our Website and service offerings, and to detect and prevent fraud.
Fantasy Club is headquartered in the U.S. and we process personal data in the U.S. We establish appropriate and suitable safeguards for the processing of your personal information, including self-certification under the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (the “Privacy Shield Frameworks”). You may request a copy of these safeguards by emailing privacy[at]fantasy.club.
We maintain your Personal Information so long as you keep an account with us. You have the right to request access to, rectification, or erasure of your Personal Information, which you may exercise at any time by emailing privacy[at]fantasy.club. Further, if you have consented to receive marketing communications from us, you may withdraw your consent at any time.
If you have a complaint about our handling of your personal data, you may lodge a complaint with the appropriate supervisory authority.
Fantasy Club, LLC has certified compliance with the Privacy Shield Frameworks, and the lawfulness of its transfer of any data from the EU or Switzerland to the US is based on that compliance.
Fantasy Club, LLC is responsible for the processing of Personal Information it receives from you and subsequently transfers to a third party for processing on our behalf. We comply with the Privacy Shield Principles for all onward transfers of Personal Information from the EU and Switzerland, including the onward transfer liability provisions.
With respect to Personal Information received or transferred pursuant to the Privacy Shield Frameworks, Fantasy Club, LLC is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Fantasy Club, LLC may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection and use of your Personal Information. We have further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution provider located in the U.S. and operated by TrustArc. You may access the TrustArc dispute resolution platform here.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our Data Privacy Officer at privacy[at]fantasy.club. Under certain conditions, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted. For more information, please visit the Privacy Shield website here. In the event that we appoint a representative in your country or region, such as an EU representative, we may direct inquiries from you or the applicable data protection supervisory authority to our representative, as applicable and appropriate.
12. No Third-Party Rights
This Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Services.
© Walters Law Group (2022). All rights reserved.