PRIVACY POLICY

FanLabel® is a mobile gaming application (the “App”) owned and operated by Fan Label, LLC (hereinafter, “Company”, “we” or “us”), which gamifies music discovery and promotes engagement with musical artists by allowing end-users (“Users”, “you”, or “your”) to participate in fantasy contests, earn virtual currency and appear on the contest and App-wide leaderboards (the App, together with all products and services offered therein, and our website(s), the “Services”).  Company is committed to protecting the privacy of all current and former Users of our Services, and has published this Privacy Policy to explain how Company treats personal information that you submit to Company, or that Company collects from you, in connection with your registration for, access to, and/or use of the Services.  Please read this Privacy Policy carefully prior to your registration for, access to, and/or use of the Services. If you do not agree to abide by this Privacy Policy, please do not access, use, or register as a User of, the Services.

All capitalized terms used but not otherwise defined in this Privacy Policy have the respective meanings assigned to such terms as set forth in the Terms of Use (available at https://fanlabelllc.wpengine.com/tos), which together with the Privacy Policy, cover your use of the Services.

1. INFORMATION WE COLLECT

In connection with your access, use, and/or registration as a User of the Services, Company may collect personal information about you as follows:

1. Information you provide directly to us

• Account and Profile Data: We collect any personal information and content you provide to us when you create a User Account, which may include your name, email, address, phone number, date of birth, User public profile name/label name (“Profile Name”), and/or picture, etc., and to create a User Account login password (or to enter your Facebook, Apple, Google, or Spotify login password if registering through either your Facebook, Apple, Google, or Spotify accounts) (collectively, “Registration Data”).

• Communications Data: We collect personal information when you communicate with us (e.g., by email, text message, chat sessions, or phone calls) or others on our Services, such as when you request additional information about products or services, interact with our member support or inside sales teams, or sign up to receive our e-mail newsletters, notification, or marketing messages. We also collect personal information when you interact with us on social media, such as by tagging us and/or our products or permitting us to follow your social media profile. Examples of such personal information may include your contact information (e.g., email address, phone number, or mailing address), the date and time of your communications, online identifiers, social media profile, and the content of your communications.

• Transaction Information:  We collect personal information relating to transactions, including order details, amount charged, payment method and payment information (e.g., debit or credit card number), billing information, and information about any products or services you returned or exchanged with us.

• Demographic Data: We may collect specific or general demographic data when you fill out forms or surveys on our Services or sign up for and participate in events, contests, sweepstakes, promotions, and special programs that we provide. Examples of such information include age, gender, zip code, state, and country.

• Public Areas: The Services may contain Public Areas that enable you to interact with other Users and upload User Content to community-based features and/or other services provided as part of our Services. We may collect any personal information that you share if you choose to communicate in, and/or upload User Content to, Public Areas.

1. Information provided by third parties

• Third Party Sign In: If you create/register your User Account using a social media or other third-party account, such as Facebook, Apple, Google, or Spotify or other similar joint registration process, or access our Services through a third-party application, such as the Apple App Store or Google Play App Store, we may also collect certain personal information from those third-party accounts.

• Third Party Content: The Services may permit additional interactions between it and a third party website, service, or other content provider, such as enabling you to “like”, share or otherwise interact with App Content to a third party social networking service (“SNS”). If you choose to “like” or share App Content, or to otherwise interact with or share personal information from or via our Services with a third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Services (and we may have access to information about you from that third party).  These features may collect your IP address, which page you are visiting while using our Services, and may set a cookie to enable the feature to function properly. Your interactions with third parties through an SNS or similar features are not governed by this Privacy Policy, and we have no control over any websites, applications, products or services that we do not own. Company encourages you to check the applicable privacy policy, as it may differ substantially from this Privacy Policy. Company makes no representations or warranties nor is Company responsible for the privacy policies or actions of any third party. If you decide to access any Third Party Content links appearing on our Services, you do so at your own risk.

• Supplemental Information from Third Parties: Company may supplement the personal information it collects from you with outside records, or third parties may provide Company with information about you in connection with a co-marketing agreement (“Third Party Information”).  If Company combines Third Party Information with information it collects through the Services, Company will treat the combined information as described in this Privacy Policy.

1. Information collected through tracking technology

We collect certain personal information automatically when you access and use our Services. The types of information we collect may include:

• Usage Information:  Information that relates to your usage of the Services or that is necessary for the proper functioning or improvement of the Services, such as the time and date and the extent of your usage of the Services, the location of where you access and/or use the Services, the URL, advertisement or service that referred you to the Services, the search terms you entered into a search engine that led you to the Services, your usage preferences, areas within the Services that you access or use, how you interact with other Users, which Users you interact with, the mobile platform or service provider you use, your operating system, your IP address, and other unique device identifiers (“Usage Information”).  Usage Information may also be collected by our third party service providers, including analytics and third party content providers.

• Cookies: Like most other mobile applications and websites, as you visit and use the Services, and/or open communications from us, Company (and, potentially, third party advertisers and partners) may track your usage via Cookies or Embedded Scripts, both on our Services and over time and across websites.  “Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your hard drive or via mobile IDs. Company (and, potentially, third party advertisers or other partners) may set and access cookies on your computer or mobile device to track and store preferential information about you, for purposes such as (i) recognizing you when you return to the Services, (ii) tailoring the Services to your specific needs or preferences, and (iii) personalizing the content that you see in order to ensure you enjoy your visit, etc. We may also use Cookies to control the display of ads, to track your usage patterns when using our Services, to record registration and personalization information, and to track the various items that you view while using our Services.

• Embedded Scripts: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Services.

• Other Tracking Technologies: In addition, we and our marketing partners, affiliates, analytics, and service providers may use a variety of other technologies (such as tags) that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.

1. Other types of Information

• Inferences and Derived Data. We may derive information or draw inferences about you based on the other types of information we collect. For example, we may infer your location based on your IP address, or your purchasing habits based on your browsing behavior on our Services.

2. HOW WE USE INFORMATION

We use the Personal Information we collect about you for a variety of purposes as described in more detail below.

• To identify you when you use our Services.
• To improve our Services.
• To maintain the security of our Services.
• To customize the content you see via our Services.
• To prevent fraud or other criminal activity.
• To enforce the Terms of Use and any other agreements.
• To provide our Services or to process in-App purchases and returns.
• To facilitate advertising.
• To operate our contests, promotions and sweepstakes.
• To streamline the in-App purchasing process.
• To conduct analytics.
• To facilitate communications between you and other Users.
• To manage your User Account.
• To respond to inquiries related to support, or other requests.
• To comply with legal or regulatory obligations or in connection with a legal process.
• To send marketing and promotional materials including information relating to our Services, sales, or promotions, or those of our business partners.
• For internal administrative purposes, as well as to manage our relationships.

Company will obtain your consent for any use of your personal information beyond those set forth in this Privacy Policy and the original uses for which you provided your consent, or other uses which are reasonably consistent with the original uses for which you provided your consent or are otherwise described to you at the time of collection. Additionally, your personal information may be used for one or more of the above-referenced uses. For example, if you complete an in-App purchase, we may collect your personal information  to provide you with the purchased products or services, but we may also maintain your information after your transaction is complete so that we can quickly and easily respond to any questions about your order.

3. HOW WE SHARE INFORMATION

• Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control).

• Business Transactions. We may share or transfer your information in connection with, or during negotiations of a business transaction, such as a merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.  In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

• Other Disclosures with Your Consent.  We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy.

• Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws.  We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third party intermediary.

• Public Areas.  Some of our Services may provide the opportunity to post comments, or reviews, in a public forum (such as when you interact with other Users and upload User Content to community-based features and/or services provided by the Services).  If you decide to submit information on these pages, that information may be publicly available to all, or certain specific, other Users of the Services or the general public. Furthermore, if you choose to voluntarily disclose personal information in Public Areas, that information will be considered public information and the protections of this Privacy Policy will not apply.

• Partner Promotion. We may offer contests, sweepstakes, or other promotions with third party partners.  If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third party partner the information that you provide will be shared with us and with them.  Their use of your information is not governed by this privacy policy.

• Service Providers. We may share your information with service providers.  Among other things service providers may help us to administer our website, conduct surveys, provide email or customer service functions, data processing, web analytics, security or technical support, process payments, and assist in the fulfillment of orders. For example, Stripe processes some of our in-App purchases (their privacy policy may be viewed here https://stripe.com/privacy).

4. YOUR CHOICES

• User Accounts. In order to utilize our Services, you are required to create a User Account as part of the registration process, which consists of information about you, including certain personal information, as well as a Profile Name as more specifically described in Section 1 above.  Your Profile Name and certain other information you choose to share publicly may be visible to all other Users of the Services. You may edit certain information in your User Account via your User Account. If, in any case, you believe that an unauthorized User Account has been created about you, you can request for it to be removed by contacting us at [email protected].

• Device Permissions. Mobile platforms may have permission systems for specific types of device data and notifications, such as camera and microphone as well as push notifications. Where applicable, you can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Depending on the manner in which you make changes to your settings, certain Services may lose partial or full functionality.

• Uninstall. You can stop all information collection by our App by deactivating your account by following the instructions on the App’s settings screen and then uninstalling the App using the standard uninstall process for your device. If you uninstall the App from your mobile device, the unique identifier associated with your device may continue to be stored. If you reinstall the App or otherwise access our Services on the same mobile device, we may be able to re-associate this identifier to your previous transactions and activities.

• Changing, Updating or Deleting Information. You may change, update or delete the Registration Data you provide Company via the Services when creating your User Account by changing your User Account settings. You may also directly request that Company make a change or update to the Registration Data you provide by contacting Company via email at [email protected] (please include in the Subject line the words “Change in Registration Data”), or you may send Company an email at the same address to request that Company delete your User Account (please include in the Subject line the words “Delete My User Account”).  We will review, update or remove information as appropriate. We may still retain your Information to resolve disputes, enforce the Terms of Use, or comply with legal requirements.

Closing Your Account. If you completely delete all of your User Account information, then your User Account may become deactivated. If your User Account is deactivated or you ask to close your User Account, or we terminate your User Account pursuant to the Terms of Use, you will no longer be able to use our Services, however, certain information will actively persist on our Services even if you close your Account. In addition, your personal information may remain in our archives and information you update or delete, or information within a closed account, may persist internally or for our administrative purposes. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you posted publicly through or while using our Services. Bear in mind that neither you nor Company can delete all copies of information that has been previously shared with others while using our Services.

• Newsletters, Administrative and Marketing Communications. If you register for the Services, you may receive newsletters, notices and/or special offers via email, unless you have requested otherwise at the time of registration or as set forth below.  You may also receive other communications from us, such as administrative or service announcements or User Account notifications. You may unsubscribe from electronic newsletters, notices and/or special offers at any time by following the instructions contained at the very end of every such email or elsewhere as directed by Company.  If a third party vendor provides such newsletters, you may unsubscribe in accordance with the instructions provided by such third party. If you are having problems unsubscribing please contact us at [email protected] (forwarding the newsletter, if applicable, and including in the Subject line the words “Unsubscribe”), and you will be removed within seven (7) business days. Please note that Company will not process any unsubscribe requests submitted as direct replies to any newsletter.

• “Do Not Track” Features. We do not currently recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.

• Your mobile device or computer may include an option that allows you to not accept Cookies. However, we highly recommend against setting your browser to refuse Cookies, since some portions of our Services may not function properly thereafter.

5. HOW WE PROTECT YOUR INFORMATION

We use reasonable efforts to protect your Personal Information from unauthorized access, use, or disclosure. However, please remember that no method of transmission over the Internet, or method of electronic storage, is fully secure. While we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information. In the event that we are required by law to inform you of a breach to your Personal Information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Some of our Services permit you to create a User Account.  When you do you will be prompted to create a password.  You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you.  You should notify us of any unauthorized use of your password or account.

6. CHANGES TO THIS PRIVACY POLICY

Company reserves the right, at its sole discretion, to update, amend, supplement, modify and/or change this Privacy Policy without prior notice to you and at any time.  Updates to this Privacy Policy will be posted on the applicable pages within our Services. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. To the extent that our policy changes in a material way, the policy that was in place at the time that you submitted personal information to us will generally govern that information unless we receive your consent to the new privacy policy.  Your continued use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

7. CHILDRENS’ PRIVACY

Protecting the privacy of young children is especially important.   We do not knowingly collect any personally identifiable information from children under the age of thirteen (13).  Furthermore, our Terms of Use expressly prohibit Children under the age of thirteen (13) from accessing or using our Services. If you are under thirteen (13) years of age, then please do not use or access our Services at any time or in any manner. If Company learns that Information of persons under the age of thirteen (13) years has been collected without verified parental consent, then Company will take the appropriate steps to delete this Information.

8. TERMS OF USE

To review other applicable terms and conditions that govern your use of our Services outside of this Privacy Policy, including, without limitation, intellectual property rights, disclaimer of warranties, limitation of liability and resolving disputes, please review our Terms of Use.

9. ACCESSIBILITY

Persons with disabilities may obtain this Privacy Policy in an alternative format, upon request, by contacting us at the appropriate address in Section 10 below. If you are visually impaired, you may access this notice through your browser’s audio reader.

9. CONTACT US

If you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us at [email protected] or Fan Label, LLC, 34300 Woodward Ave., Suite 200, Birmingham, MI 48009.