Privacy Policy

Last modified: April 3, 2020

Fans.com, Inc. (“Fans”) respects your privacy and is committed to protecting it through our compliance with this policy. We operate a website branded as “FANS” located at www.fans.com (the “Website”), through which we provide streams of audio and video content (“the Service”). As used herein, the words “user,” “you” and “your” mean users of the Service and the words “we,” “us” and “our” mean Fans.

This Privacy Policy applies to information we collect on the Website or in connection with the Service. This Privacy Policy, in conjunction with our Terms of Service  and Cookie Policy, sets out the information about you and your activities that we collect, gather or otherwise receive when you use the Service and how we use and protect such information. By providing us with your personally identifiable information and other information, you consent to our collection, use and disclosure of such information as described in this Privacy Policy. If you are accessing the Website from outside the United States, please see the section regarding ‘International Users’ at the bottom of this page for more information. If you do not want your personally identifiable information or other information used or disclosed in accordance with this Privacy Policy, please stop using the Service.

WHEN YOU ACCESS OR USE THE SERVICE, YOU AGREE TO THIS PRIVACY POLICY, INCLUDING THE MANNER IN WHICH WE USE YOUR PERSONAL INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THE PRIVACY POLICY, YOU MUST IMMEDIATELY STOP USING THE SERVICE.

We reserve the right to modify or update the Privacy Policy at any time, with or without prior notice to you, for any reason including, without limitation, as laws and technologies change or we add or discontinue certain services or practices. Any such changes to the Privacy Policy will supersede and replace any previous Privacy Policy effective immediately upon posting to this page. It is your responsibility to periodically review the Privacy Policy as posted here for any changes. Your continued use of the Service after the posting of revisions to the Privacy Policy will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Service if you do not agree with any changes to the Privacy Policy. This Privacy Policy, in effect as of the Last Modified date listed above, supersedes and replaces any and all Privacy Policies previously in effect.

1. What Personally Identifiable Information Do We Collect?

Personally identifiable information (“Personal Information”) is information that can be used to identify a person (such as name, address, date of birth, mobile phone number or e-mail address). You give us Personal Information when you register at www.fans.com or when you engage in other activities, such as completion of online forms or transactions.

By registering you will gain access to streaming content, join our mailing list and have the option to participate in any of our contests, promotions or competitions, and to engage in other activities on the Website. To register you will need to provide certain Personal Information to us. The specific information will vary depending on the activity and may include your name, email address, postal address, phone number, credit card number, birth date and gender. From time to time, third-party service providers (such as payment processors) will offer you the opportunity to purchase access to web streams and other products. These third-party service providers work independently of Fans and their use of any information you provide to them will be governed by their privacy policies.

You may review and ask that we correct or delete the Personal Information that you have provided to us by e-mailing privacy@fans.com or writing to Fans, Attn: Privacy Officer, 104 W. 29th St, 11FL, New York, NY 10001. We will send you a copy of such Personal Information we have on file in your Account (if any). You may send us new or updated information at any time.

2. What Non-Personally Identifiable Information Do We Collect?

We also collect non-personally identifiable information that cannot be associated with your personal identity but gives us (or our third-party service providers) data about your location, your computer and how you use the Website. This information may include:

  • browser and device information, including operating system;
  • IP address;
  • date and time you access the Website;
  • geographic location information;
  • information about how you use the Website; and
  • the site that referred you to the Website.

We automatically collect, gather and receive information about your activities on the Service in several ways, including through the use of cookies, web beacons and other technologies as further described below.

3. How We Use Your Information

You understand and agree that Fans is the owner of the information it collects, including your Personal Information. We may use this information for any purpose relating to our business, subject to the prohibitions in this Privacy Policy. Allowed uses include, for example:

  • Optimizing your experience with the Service;
  • Enabling access to streams of live and pre-recorded audio and video content;
  • Responding to your requests to provide you with e-mail relating to artists and streams; and
  • The dissemination of other direct communications from the Service to you, including our newsletter and other offers from Fans, its affiliates, sponsors and marketing partners (as more fully set forth below) which we believe may be of interest to you, subject in all cases to your ability to opt-out of promotional communications.

More generally, the information we collect about you, your interests, and your activities helps us to improve the Service and deliver a better and more personalized service to you by enabling us to customize the Service according to your individual interests, estimate our audience size, and analyze audience usage patterns.<

4. With Whom We Share Your Information

We may disclose your information, including Personal Information, to the following third-parties in the following circumstances:

  • Processors and Service Providers: We may disclose information, subject to the terms of this Privacy Policy, to our contractors and certain other vendors or suppliers who process data on our behalf or assist us in the day-to-day operation of our services, including analytics vendors, customer services providers, payment processors and our e-mail service providers. We require such parties to use our Personal Information only for the purposes for which it was collected and disclosed.
  • Affiliates: We may make information available to our affiliates (meaning entities controlled by, controlling, or under common control with Fans), including Dayglo Presents and its subsidiaries and Affiliates that are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy.
  • Social Networking Services: If you opt to use the Service with social media services, such as Facebook and Instagram, you acknowledge and grant us permission to share information about you and your activities on the Service with these third-party services and their users, in accordance with their applicable Privacy Policies.
  • Sponsors and Other Marketing Partners: We may share with sponsors and other marketing partners the information you provide about yourself in order to offer you access to content or the opportunity to receive other products, programs or services that we believe may be of interest to you. These sponsors and marketing partners may use this information to communicate directly with you for their own business purposes and in accordance with their own privacy policies. You should read those polices to learn how they treat your information.
  • Other: Notwithstanding anything herein to the contrary, Fans reserves the right to disclose any Personal Information or other data about you (i) if required to do so by court order, law or legal process, including to respond to any government or regulatory request; (ii) with respect to notices and counter-notices pursuant to our DMCA notice and takedown policy and procedures; (iii) if we believe that such action is necessary to enforce or apply our Terms of Service; (iv) is appropriate or necessary to protect Fans from potential liability or from fraudulent, abusive, or unlawful uses; (v) investigate and defend ourselves against third-party claims, or allegations; (vii) protect the security or integrity of the Fans Services; and/or (viii) or protect the rights, property, or safety of Fans, our users, or others.

We may share anonymous aggregated data with others to provide information on our users and usage patterns. By accepting this privacy policy and using the Services, you consent to us sharing your Personal Information with these third-parties.

5. Who Else Might Have Access to Your Information on the Service

As you interact with the Service, certain other third-parties may directly receive information about you and your activities. While we make sure these third-parties do not get any of your Personal Information from us without your consent, they may be able to combine information they collect from you regarding your activities on the Service with other information, including Personal Information, they have with respect to you. Please note that we are not responsible for the privacy practices of any such third-parties with regard to the information they directly collect from you, and we recommend you read any of these third-party’s privacy policies to learn more about their practices. Such third parties may include:

  • Linked Content: We may provide outbound links to service affiliates, advertisers or other web destinations (“Linked Sites”). We also may provide certain Fans partners with inbound links for their use in social media, advertisements and other marketing activities which, when clicked, navigate you to a specific webpage on www.Fans.com (the locations where these links are placed are also considered Linked Sites). Linked Sites may have access to information about you and your activities including, but not limited to, your IP Address, device ID and operating system, as well as the referring URL on which the relevant link appeared and the URL to which you are sent, either of which may relate directly to a specific artist or Please be aware that the Service may not warn you when you click through to another website from the Service. Please note that any services through which links are facilitated may also have access to similar information as described above.
  • Advertisers: To the extent that the Service carries advertising by third parties, the Service uses digital advertising technology companies to deliver the advertising to you. The non-personally identifiable information collected by these companies, for example, about your visits to this and other sites and services is used for the purpose of targeting ads and measuring ad effectiveness on behalf of advertisers and publishers who specifically request it. For additional information on the information that is collected by our digital advertising technology vendors and to know your choices about not having this information used by them, please visit http://www.networkadvertising.org/choices/.
  • Other Service Providers: The Service may provide you with direct access to functionality from other third parties including: social media services such as Facebook, Instagram and others; content providers such as YouTube; paywall services such as InPlayer; payment processors such as Stripe; website developers such as WordPress; video and audio conferencing services such as Zoom; music services such as Spotify; e-mail service providers such as Customer.io; livestreaming platform services such as JWPlayer, Wowza, and Livestream; and advertising service providers such as Tradeable Bits. The placement of social media widgets, video players, or advertising units on the Service may permit these third parties to see information about you and your activities via cookies, web beacons and other technologies they place and/or access on your browser or device, even if you do not interact with them. We also utilize an analytics suite for certain reporting data which similarly accesses non-personally identifiable information via these technologies, providers may include Google Analytics and inPlayer, as well as other services that coordinate analytics and communication, such as Google Adwords and Facebook.

For Information on the Specific service Providers listed above, please visit their individual Privacy Policies on their respective websites.

6. Making Payments Involving the Use of Third Parties Who Process Payments

Fans offers, from time to time, certain web-content which will only be available as Pay-per-view (“PPV”), a type of pay web stream service by which you can purchase web streams to view via the website. To make a purchase, you may need to provide a valid payment method (e.g., credit card or PayPal account). Your payment information will be collected and processed by our authorized payment vendors including Stripe. We do not directly collect or store credit or debit card numbers ourselves in the ordinary course of processing transactions. If we allow purchase through a third-party platform (i.e. Stripe), the payment method stored with the third-party platform will be charged. For Information on Stripe, please visit their individual Privacy Policies here.

7. Cookies, Web Beacons, Pixels and Other Ways We Optimize Your Experience

For information about how we use Cookies, please see our Cookie Policy.

A web beacon, also called a single-pixel (1×1), clear GIF, or pixel tag, is an electronic image embedded in a webpage or HTML-based e-mail. Web beacons can recognize certain types of information on your computer, such as a cookie number, time and date of a page view, and the webpage where the beacon is placed. No Personal Information is detected by web beacons, but they can help us track online usage patterns of our users and gauge the effectiveness of our activities anonymously by, among other things, enabling us to see whether particular webpages are viewed or e-mails are opened by recipients. While you may not decline web beacons, you may render some web beacons unusable by rejecting their associated cookies. However, if you disable the cookies associated with a beacon, some services may not function properly.

When you request pages from the Service, our servers may log your IP Address or unique device identifier assigned to your mobile device. Our server may also record the referring page that linked you to us (e.g., another web or mobile site or a search engine); the pages you visit on the Service; the web or mobile site you visit after the Service; the ads you see and/or click on; other information about the type of browser, computer, device, platform, related software and settings you are using; any search terms you have entered on the Service or a referral site; and other usage activity and data logged by our servers. We use this information for internal system administration, to help diagnose problems with our server, to report aggregate information to our advertisers, and to administer the Service. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information. Our servers cannot automatically record your name or e-mail address, but in some cases they may receive such information from third-party platforms and third-party applications or providers, if you are a registered member of the platform or service.

Fans and its service providers, advertisers, and other third parties, may use other kinds of local storage, such as “flash cookies,” authentication tokens, and HTML5 local storage. Like cookies, these technologies are stored on your computer, albeit in different parts of your device, and perform similar functions. They can also be used to store certain information about your preferences. Your Internet browser may allow you to disable HTML5 or delete information contained in HTML5 local storage by changing your browser setting. Please note that disabling these technologies may interfere with the performance and features of the Service.

8. What Anonymous Aggregated Data Is and How We Use It

We may remove data elements, such as an e-mail address, or other Personal Information as previously defined, and summarize or aggregate the remaining information in order to analyze web traffic trends, preferences and activity across the Service (“operational data”). The resulting operational data is no longer considered Personal Information. This operational data may be published or shared by Fans with various third parties. If you do not consent to anonymous operational data being shared as described herein, your only remedy is to discontinue using the Service.

9. Special Note Regarding Children Under the Age of 13

The Service is not directed to children under 13 years of age. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not provide any information on the Service or on or through any of its features or register on the Service or otherwise provide any information about yourself to us. Fans is not responsible for independently verifying the age of each of its users. Should you, as a user’s parent or legal guardian, become aware that a user who is under the age of 13 has provided Fans with Personal Information, please notify us immediately by e-mail at privacy@fans.com or by mail at Fans, Attn: Privacy Officer, 104 W. 29th St, 11FL, New York, NY 10001. Fans will make reasonable attempts to verify the information provided to us by the parent or guardian is accurate, and if it is determined the user is under the age of 13, the Account will be disabled and any gathered associated information will be deleted from our records.

10. “Do Not Track”

Do Not Track is a voluntary program among Internet advertisers that is intended to give users the ability to opt-out of behavioral targeting and advertising. There are a few ways in which your computer may send a “do not track” signal to certain websites and online services you visit. Fans and many or all of its third party services that collect analytics do not currently honor Do Not Track settings. If you do not agree with Fans’ policy not to honor Do Not Track, your only remedy is to immediately stop using the Service.

11. How and When We May Contact You and Your Ability to Opt-Out

We may occasionally contact you directly via e-mail. Specifically, we may send you: notifications about specific streams or events, if you have indicated that you like the relevant artist or otherwise set an alert to receive such notifications; periodic e-mail newsletters; or ad hoc offers and promotions from the Service, including on behalf of our partners. You can opt-out of receiving further e-mail communications from us by clicking the unsubscribe link included at the bottom of any e-mail we send you.

Please understand that if you opt-out of receiving promotional e-mails, we may still contact you by e-mail to provide you with important information about Fans or the Service.

Fans reserves the right to contact you via e-mail and to use your Personal Information in order to respond to a question, comment, or other communication that you may have initiated with us, including but not limited to questions related to this Privacy Policy, and any comment or review you have posted on the Service or in social media. We may also retain a copy of your questions or comments for future reference. We may also periodically contact you to advise you of an update to the Privacy Policy or Terms of Service or in relation to customer service issues.

In the event that you have approved the sharing of your Personal Information with other individuals or companies, and then request to revoke that consent, that request will only apply as of the date of the request, and we will not be responsible for any communications that you may receive from companies or individuals that received your Personal Information prior to such request. In these cases, please contact that company or individual directly. Further, if you download a third-party game or other application on to your computer or device through the Service, the game or application may continue to send you emails or other messages even after you have cancelled the Service.

12. How We Protect Your Information

Fans takes reasonable administrative and electronic measures designed to safeguard and protect your Personal Information from accidental loss or unauthorized access, disclosure, or use. This may include using technologies such as Secure Sockets Layer (SSL) and may include one or more firewalls designed to block access from outside our network. Information we collect may be stored or processed on computers in any country where we do business. Although Fans strives to protect your Personal Information and privacy, no security method or firewall can be guaranteed to protect information from hackers or human error, and we therefore expressly disclaim responsibility and/or liability for the loss, theft, destruction or inadvertent disclosure of your Personal Information. In the unfortunate event that your Personal Information is compromised, we may notify you by e-mail at the last e-mail address you have provided to us, in a reasonable time under the circumstances and as required under law. Delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system, as well as at the legitimate request of law enforcement should it be determined that such notification would impede a government investigation.

13. Your options

If at any point you do not want to continue receive email messages from the Website or any of our affiliates, you may opt-out from receiving further emails by following the unsubscribe instructions provided in the relevant email. Please allow up to ten (10) business days for your opt-out request to be processed.

Fans may retain your Personal Information for a reasonable time after opting-out, subject to applicable laws. However, Fans provides no guarantee that it shall retain your information or preferences, and it reserves the right to delete your information immediately, or at any time, after opt-out. In accordance with the law, we may retain anonymous data or public data (including user generated content) perpetually. We may also keep certain other data in perpetuity for compliance (e.g., spam, violations of terms), financial (e.g., records of sales or transactions) or legal (e.g., fraud, hacking) reasons.

Please note that Accounts remain active unless affirmatively terminated by the user. Continued use of the Service constitutes permission to continue gathering, aggregating, storing and sharing your Personal Information and other information as described herein.

You may review and ask that we correct or delete the Personal Information that you have provided to the Service by e-mailing privacy@fans.com or writing to Fans, Attn: Privacy Officer, 104 W. 29th St, 11FL, New York, NY 10001. We will send you a copy of such Personal Information we have on file in your Account (if any). You may send us new or updated information at any time.

14. Additional Information

Dispute Resolution

You agree that any dispute or legal action between you and Fans regarding this Privacy Policy will be subject to the Dispute Resolution provisions of the Terms of Service, click here, to be directed to those provisions.

California Residents:

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California Customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its Privacy Policy) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure or gives customers a mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise the right.

We have opted for this alternative approach. We do not disclose users Personal Information to third parties without the users’ consent, and we give customers a mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. Therefore, we are not required to maintain or disclose a list of third parties that received your Personal Information for marketing purposes.

Our current policy is that we will not disclose your Personal Information to third parties for their direct marketing purposes. In the event that this policy changes, we will provide notice to users, such as the posting of a revised Privacy Policy, and provide a reasonable mechanism for you to opt-out.

International Users:

The Service is an online video service based in the United States, with our servers and offices headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Service may be processed and transferred to, and be subject to the laws of, the United States. The privacy and data protection laws in the United States may not be equivalent to similar laws in your country of residence. By using the Service, or by providing us with your Personal Information, you consent to the collection, transfer, storage, and processing of information to and within the United States. If we detect IP Addresses located in a country outside the United States, we reserve the right to deny access to any and all of our services.

It is the policy of Fans to comply with the EU’s General Data Protection Regulation (GDPR). In accordance with the GDPR, we may transfer your personal information from your home country to the U.S. (or other countries) based upon the following legal bases:

  • Legitimate business interests: We could not provide our services or comply with our legal obligations without transferring your personal information to the U.S.
  • Our use of Standard Contractual Clauses (also known as “Model Clauses”) where appropriate.
  • Our adherence to the GDPR Principles.

You have the right to: opt out of non-essential cookies (see our Cookie Policy); access, correct, delete, restrict, or object to our use of your personal information; be forgotten;  and withdraw consents. We enable exercise of these rights primarily through our Services (which we reserve the right to modify). For example, we allow users to change their information. We also fulfill our obligations in response to direct requests. We will endeavor to process requests within one month. Please note that we may not be able to comply with requests to the extent that they would cause us to violate any law or infringe any other person’s rights. We reserve the right to request appropriate identification. We will process requests free of charge unless they would impose an unreasonable cost on us.

If you have a request, complaint or inquiry, please contact privacy@fans.com or writing to Fans, Attn: Privacy Officer, 104 W. 29th St, 11FL, New York, NY 10001. We are committed to working with you to obtain a fair resolution of any issue. You also have the right to file a complaint with the supervisory data protection authority of your jurisdiction.

Accuracy:

It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or if you fail to update such information or Personal Information. We may reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy or otherwise inappropriate for the Service.

Transfer of Assets:

We may transfer Personal Information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control. We may also use and disclose your Personal Information to parties connected with the contemplated or actual financing, insuring, sale, assignment or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed or continue with such transaction or business relationship or fulfilling any records or other reporting requirements to such parties. Other than to the extent use and disclosure is pursuant to a court order, we will require such parties and successors in interest to treat your Personal Information in accordance with this Privacy Policy.

How to Contact Us with Questions or Concerns:

If you have any questions about this Privacy Policy, please e-mail us at privacy@fans.com or contact us by mail at Fans, Attn: Privacy Officer, 104 W. 29th St, 11FL, New York, NY 10001.