Fan Label Privacy Policy

Last Updated: June 12, 2018

FanLabel is a mobile gaming application 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 of the App (“Users”, “you”, or “your”) to participate in fantasy contests, earn virtual currency and appear on the contest and app-wide leaderboards (together with all products and services offered therein, the “App”).  Company is committed to protecting the privacy of all current and former Users of the App, and has published this Privacy Policy to explain how Company treats 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 App.  Please read this Privacy Policy carefully prior to your registration for, access to, and/or use of the App. If you do not agree to abide by this Privacy Policy, please do not access, use, or register as a User of, the App.

By accessing, using, or becoming a registered User of, the App, you expressly consent to and accept the Information collection, disclosure and use practices described in this Privacy Policy.  This Privacy Policy is governed by the Terms of Use (available at https://fanlabel.com/tos) (“Terms of Use”), which includes all disclaimers of warranties and limitation of liabilities.  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.

1. INFORMATION WE COLLECT

In connection with your access, use, and/or registration as a User of the App, Company may collect the following information (collectively, “Information”):

  • Personal Information:  Information that could be directly associated with you, or used to contact or identify you, without the aid of additional information, such as your full name, phone number, address, email address, zip code, photograph, etc. (“Personal Information”).  Company typically collects some or all of this type of information as part of the Registration Data that you provide when creating your User Account.
  • Payment Information:  Certain payment information, such as credit card or other financial account information, as well as billing address information.
  • Usage Information:  Information that is not Personal Information but that relates to your usage of the App or that is necessary for the proper functioning or improvement of the App, such as the time and date and the extent of your usage of the App, the location of where you access and/or use the App, the URL, advertisement or service that referred you to the App, the search terms you entered into a search engine that led you to the App, your usage preferences, areas within the App that you access or use, how you interact with other Users (which you acknowledge that Company is under no obligation to monitor), which User’s 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.
  • Other Information:  Other non-Personal Information such as age, gender and other demographic data, as well as your User Account profile/label name (“Profile Name”), which Company considers to be non-Personal Information since these are made public through the App and are viewable by other Users of the App (“Other Information”).  This Other Information may also be collected by our third party service providers, including analytics and third party content providers.
  • Supplemental Information from Third Parties:  Information about you that Company may receive from third parties.  For example, Company may supplement the 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 App, Company will treat the combined information as described in this Privacy Policy.

While Usage Information and Other Information is generally non-identifying on a standalone basis, Company may in certain instances combine this information with other information it collects, as described above.  If Company ever combines Usage Information and/or Other Information with Personal Information or other information that enables you to be identified, Company will treat such combined information as Personal Information.

1. USER ACCOUNTS; PUBLIC AREAS

In order to utilize the App, 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.  Your Profile Name will be visible to all other Users of the App. 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 feedback@fanlabel.com.

As discussed in the Terms of Use, the App contains Public Areas that enable you to interact with other Users and upload User Content to community-based features and/or services provided by the App.  If you choose to communicate in, and/or upload User Content to, Public Areas, such communications and/or User Content may be publicly available to all, or certain specific, other Users of the App. 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.

1. SOCIAL NETWORKING SERVICES

The App 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 information from or via our App 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 App (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 on our App, and may set a cookie to enable the feature to function properly. Your interactions with third parties through an SNS or similar features are governed by the respective terms of use and privacy policies of those third parties.

1. USE OF INFORMATION

Company uses your Personal Information (and, on occasion, Usage Information) to identify you and to potentially improve the App, maintain security, and customize the content you see via the App.  Your Personal Information (which when aggregated is no longer considered Personal Information), Usage Information and Other Information may also be aggregated and used by Company (or third parties employed by Company or which have other commercial relationships with the Company) for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Use, for other internal purposes, and as otherwise described to you at the time of collection. 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.

Company also uses Information about you to analyze App usage, improve or customize the App, customize certain App Content, address your inquiries and respond to your requests, questions and comments, manage your User Account, facilitate communications between you and other Users (although you acknowledge and agree that Company is not obligated to do so), complete your transactions, and as otherwise set forth in this Privacy Policy or as Company believes necessary to protect its rights and the rights of others, including by enforcing the Terms of Use and all applicable law.

You agree that Company may also use your Information to contact you. Unless you specifically opt out, you agree that Company may use your Information to deliver information to you that is relevant to your use of the App such as administrative notices, product enhancements or App “newsletters”, or that, in some cases, is targeted to your interests, such as targeted advertisements, or featured Contests that Company believes you may be interested in learning more about. By accepting the Terms of Use and this Privacy Policy, you expressly agree to receive this information, unless you specifically opt out in applicable circumstances.

1. DISCLOSURE OF INFORMATION

We may share aggregated Usage Information and/or Other Information and we may otherwise disclose non-Personal Information that we collect to third parties.  However, except as expressly provided herein, absent your prior consent and unless necessary (as determined in Company’s sole discretion), Company does not share your Personal Information with any unrelated third parties.

Company may use third parties to outsource one or more aspects of its business and App operations (such as email or customer service functions, data processing, payment processing, web analytics, App maintenance, online advertising, and security execution and clearing services), in which case, Company may have to disclose to such third parties (who would be required by Company to comply with this Privacy Policy and any other obligation of Company with respect to any Information provided by you in connection with the App, to the same extent as Company’s obligations) certain Personal Information necessary for such third parties to provide such services.  One example of this is that Company engages a third party service provider to handle billing on our behalf for certain products and services that Users may purchase within the App. Such third party service provider has access to your payment information (and as a result Company does not collect this information directly) and you acknowledge that the use and handling of your payment information by such third party service provider is subject to the Third Party Payment Terms of such third party payment provider and that Company shall have no liability with respect thereto. Further, Company may use other third parties to outsource one or more aspects of its business (such as email or customer service providers, data processing, and security execution and clearing services), in which case, Company would have to disclose to such third parties (who would be required by Company to comply with this Privacy Policy and any other obligation of Company with respect to any information provided by you in connection with the App and/or Service, to the same extent as Company’s obligations) the Personal Information necessary for such third parties to provide such services.

Company also works with (or may in the future work with) network advertisers, ad agencies, analytics service providers and other vendors to provide it with information regarding traffic on the App, including pages viewed and the actions taken when visiting the App; to serve our advertisements on other web sites, within mobile apps and elsewhere online; and to provide us with information regarding the use of the App and the effectiveness of our advertisements.  Our service providers may collect certain information about your visits to, and activity on, the App as well as other websites or services, they may set and access their own tracking technologies on your device (including Cookies and Web Beacons), and may use that information to show you targeted advertisements. Some of these parties may collect Personal Information when you visit the App or other online websites and services. We may also share certain non-Personal Information with these parties, in connection with the services they provide to us.

Company also reserves the right, and you hereby authorize Company, to share or disclose Information it collects, including your Personal Information, and any other information, records or electronic communications of any kind, when Company determines, in its sole discretion, that the disclosure of such Information is necessary to identify, contact, or bring legal action against you if:

  • you are or may be violating the Terms of Use or this Privacy Policy;
  • you are interfering with Company’s or a third party’s rights or property;
  • you are violating any applicable law, rule or regulation;
  • necessary or required by any applicable law, rule or regulation;
  • necessary or required for purposes of public importance; and/or
  • requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency.

1. STORAGE AND TRANSFER OF INFORMATION

Company is a United States company.  Information collected by Company may be stored and processed in the United States or any other country in which Company or its agents maintain facilities. By using the App, you expressly consent to any such transfer and storage of Information outside of your country of residence, where data protection laws may be different and/or less stringent.  Company makes no representation or warranty with respect to any duty to permanently store any Information you may provide. By using the App and providing us with Information, you waive any claims that may arise under your own or any other local or national laws, rules or regulations or international treaties. We may from time to time transfer or merge your Information collected off-line to our online databases or store off-line information in an electronic format. In the event we decide to allow advertising on the App, we may also combine Information we collect online with information available from other sources, including information received from our advertisers and promotional partners.  This Privacy Policy applies to your Information for as long as your Information is in our possession, even if you terminate or discontinue your use of the App.

1. CHANGING, UPDATING OR DELETING INFORMATION; CLOSING YOUR ACCOUNT

You may change, update or delete the Registration Data you provide Company via the App 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 feedback@fanlabel.com (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.

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 the App, however, certain information will actively persist on the App 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 on the App. Bear in mind that neither you nor Company can delete all copies of Information that has been previously shared with others on the App.

1. SECURITY; HOW WE PROTECT YOUR INFORMATION

Company takes a range of security measures designed to protect your Information and keep it confidential (unless it is non-confidential by nature, for example, publicly-available information) and free from any unauthorized alteration. However, the internet by its nature is not a secure environment and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. While we strive to keep current our security technology and will review, refine and upgrade our security technology as we deem appropriate based on new tools that may become available in the future, the complete security of any Information collected, stored or used by us cannot therefore be guaranteed.  We have security standards and procedures in place designed to prevent unauthorized access to your User Account and Information. A key part of this process helps ensure that all information we have about you is accurate and up-to-date. In the unlikely event that an unauthorized third party compromises Company’s security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information. If you ever discover inaccuracies in our data or if your Personal Information changes, we urge you to notify us immediately.

Should you close your Account with us and terminate your use of the App, Company will remove all of your Registration Data and Information from Company products and your Profile Name will not be available for any other Users.

We note that anyone who has access to your User Account password may be able to access your Information.  Therefore, we encourage you to keep you User Account password and other User Account information contained in your Registration Data confidential.  You hereby acknowledge that Company shall not be responsible or liable for any dissemination of your Information that results from your disclosure of your User Account password to any third party.

1. NEWSLETTERS; ADMINISTRATIVE AND MARKETING COMMUNICATIONS

Company maintains a strict “no-spam” policy. If you register for the App, 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 text message 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 atfeedback@fanlabel.com (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.

1. COOKIES; EMBEDDED SCRIPTS

Like most other mobile applications, as you visit and use the App, and/or open communications from us, Company (and, potentially, third party advertisers and partners) may track your usage via Cookies or Embedded Scripts.  “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 App, (ii) tailoring the App 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 App usage patterns, to record registration and personalization information, and to track the various App items that you view.  Company (and potentially third party advertisers) gathers anonymous information about Users through Cookie technology on an aggregate level only. Such aggregated information is used within Company’s internal organization and is only shared with third party advertisers on an aggregated and non-personally identifiable basis.

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 App, 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 App.

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.

Your mobile device 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 the App may not function properly thereafter.

1. LINKS TO THIRD PARTIES

The App may include Third Party Content or links thereto. Company does not endorse those websites, apps and/or the products or services that such Third Party Content offers. Third parties have different terms of use and privacy policies, and Company is not responsible for the privacy practices of such third parties. If you access any Third Party Content or link to Third Party Content within the App, Company encourages you to check the applicable privacy policy, as it may differ substantially from that of this Privacy Policy. Company makes no representations or warranties nor is Company responsible for the privacy policies of any third party. If you decide to access any Third Party Content links appearing on the App, you do so at your own risk.

1. OTHER TERMS

To review other applicable terms and conditions that apply to this Privacy Policy, including, without limitation, intellectual property rights, disclaimer of warranties, limitation of liability and resolving disputes, please review the Terms of Use.

1. 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 App. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Your continued use of the App following the posting of any such changes shall automatically be deemed your acceptance of all changes.

1. CHILDRENS’ PRIVACY

Protecting the privacy of young children is especially important.  Therefore, by accessing and using the App you agree to respond truthfully and accurately about your age.  In compliance with the Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect any personally identifiable information from children under the age of thirteen (13) (e.g., information that would allow anyone to locate children under thirteen (13) online or offline, such as full name, email address, home address, phone number, etc.).  Children under the age of thirteen (13) are expressly prohibited from submitting or uploading any Information to the App. If you are under thirteen (13) years of age, then please do not use or access the App 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.

1. IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY

In the event that Company is acquired by or merged with a third party entity, or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the Information we have received and collected from our Users as part of such merger, acquisition, sale, or other change of control. 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.

1. SWEEPSTAKES, CONTESTS AND PROMOTIONS

We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.

1. Special Notice to California Residents

California Civil Code Section 1798.83 permits Users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for direct marketing purposes in the preceding calendar year and the categories of Personal Information disclosed to those third parties.  If you are a California resident, you may make such a request by contacting us at feedback@fanlabel.com (including in the Subject line the words “California Third Party List Request”).

1. General Data Protection Regulation (GDPR)

The General Data Protection Regulation, or GDPR, is a regulation in EU law on data protection and privacy for all individuals within the European Union and affects both European and non-European businesses alike.

Under GDPR, users are granted eight fundamental data subject rights, as follows:

  • The right to be informed, in which all organizations must be completely transparent in how they use personal data.
  • The data subject’s right of access, in which individuals have the right to know exactly what information is obtained about them and how it is used.
  • The data subject’s right to rectification, in which individuals are entitled to have personal data rectified if it is inaccurate or incomplete.
  • The right to erasure, in which an individual has the right to have their personal data deleted or removed without the need for a specific reason.
  • The right to restrict processing, in which an individual has the right to block or suppress processing of their personal data.
  • The right to data portability, in which individuals may retain and reuse their personal data for their own purpose.
  • The right to object, in which individuals are entitled to object to their personal data being used in certain instances.
  • Rights of automated decision making and profiling, in which individuals are protected against the risk of a potentially damaging decision is made without human intervention.

Full GDPR provisions, rights, principles and more can be found at https://gdpr-info.eu/

1. QUESTIONS OR CONCERNS

If you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us at feedback@fanlabel.com.