Fanalyst Privacy Policy

• We collect both Personal Data and Usage Data with the goals of providing and improving our Platform, conducting our operations, communicating with you, and enabling visitors to our Platform to enjoy and easily navigate it
• When we refer to “Personal Data” in this Policy, we mean information that identifies, relates to, describes or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a specific person. This might be information that directly identifies someone, such as their name, or it may be information that identifies someone only when combined with other information available to us, such as a person’s activity on our Platform when associated with their username. Please note, except as provided under applicable laws, Personal Data does not include information that is publicly available through government records or information that has been deidentified or aggregated in a way that it cannot be used to identify a specific individual.
• Additionally, we, or third parties acting on our behalf, may collect certain information about the device you use when you interact with our Platform through the normal operation of our Platform and through the use of cookies, pixels, and other web technologies (collectively, “Usage Data”). Usage Data, by itself, generally does not identify the specific person using the device that generated it. This means that Usage Data usually will not be considered Personal Data and our use of such Usage Data is not subject to this Policy unless required pursuant to applicable law. However, if we link Usage Data directly with other Personal Data or other information that could identify you, we will treat the linked Usage Data as Personal Data and use the linked Usage Data as described in this Policy.

• Identifiers and contact information, such as your real name, alias, email address, telephone number and other similar information;
• Demographic information, such as your age, gender, ethnicity, national origin, and other similar information;
• Communication information, such as information contained in voice mails, chats, emails, and other similar information;
• Location information, such as where you live, where you are located and other similar information;
• Preference information, such as your interests, hobbies, opinions, and other similar information; and
• Other information you provide to us.

Depending on how you interact with our Platform, the Usage Data that we, or third parties acting on our behalf, may collect may include:

• Device information, such as the IP address, general geographic location, operating system, browser type, language preferences, mobile phone number, device identifier and other similar information associated with a device used to access, use, or interact with our Platform;
• Information about online interactions with our Platform, such as links that are clicked, pages or screens that are viewed, access and session times, interactions with emails we send and other similar information associated with a device used to access, use, or interact with our Platform;
• Other information automatically collected by cookies and other technologies on our Platform; and
• Any other information that a browser or device automatically sends whenever connected to a website or an online application.

A large portion of the Personal Data we, or third parties acting on our behalf, collect is collected directly from our users and others who provide their Personal Data to us directly. In some cases, we may collect Personal Data from third parties in the ways described in this Policy.

When you access, use, or otherwise interact with our Platform, or otherwise engage with us in connection with our Platform, such as requesting more information about us or communicating with us, we may ask you to provide certain Personal Data. Some of the Personal Data we request with respect to certain features of our Platform may not be required, however, we will let you know if specific Personal Data is required to use those features. If you do not provide us with the Personal Data required to use a certain feature on our Platform, you will not be able to use that feature, especially those features where we are legally required to collect the Personal Data and those where it is impossible for the feature to operate without the required Personal Data.

We, or third parties acting on our behalf, may collect Personal Data about you from third parties, such as online and offline sources, entities affiliated with us, our service providers, social media platforms, advertising networks and other public or commercial sources (collectively, “Third Party Services”). When you access, use, or interact with our Platform through certain Third Party Services, associate your access, use or interaction with our Platform with Third Party Services or share our content via Third Party Services, you acknowledge that you are authorizing us to collect, share, store and use any Personal Data we receive from those Third Party Services about you. In some cases, you may be able to revoke our access to your Personal Data and other content and information we receive from a Third Party Service by changing the appropriate settings for your account with that Third Party Service.

We, or third parties acting on our behalf, may receive Personal Data about you from third parties that provide services to us through or in connection with the operation of our Platform (“Operational Service Providers”). Operational Service Providers may include, without limitation, hosting providers and payment providers. Some of the features of our Platform may provide you with the ability to register and sign into our Platform through the accounts you have with certain third parties, such as Facebook, Google, or Apple (“Third Party Single Sign On Providers”). When you use these features, we, or third parties acting on our behalf, gather the data necessary to create an account on our Platform from the applicable Third Party Single Sign On Provider, which may include, without limitation, your name, email address, IP address, device model, device operating system and web browser, time zone, carrier, screen size, processor cores, total disk space and remaining disk space. Your data associated with the applicable Third Party Single Sign On Provider will not be sold, redisclosed or edited through this process. Your ability to use this option may be limited where the applicable Third Party Single Sign On Provider requires you to use a device or operating system that meets that Third Party Single Sign On Provider’s requirements. Please note, by using these features, the applicable Third Party Single Sign On Provider will know that you are signing into our Platform and that you are a user of our Platform. We, or third parties acting on our behalf, may receive Personal Data about you from our affiliates (our “Affiliates”). This Personal Data may include, without limitation, information related to your access, use or interaction with our Affiliates and/or the services, products, and other things they provide.

We, or third parties acting on our behalf, may also receive Personal Data about you from other third parties, such as other users of our Platform and those that refer you to our Platform.

Please note, we may combine the Personal Data and other content and information we receive about you from multiple sources, including, without limitation, Personal Data we collect directly from you and one or more third parties.

We, and third parties acting on our behalf, collect Usage Data in a variety of ways. Some Usage Data, such as the IP address of a device attempting to access, use or interact with our Platform, is necessary for us to make certain portions of our Platform available. Other Usage Data, such as information about what features of our Platform are popular, help us to improve and advertise our Platform. The primary ways Usage Data is collected in connection with our Platform are through:

• The systems we use to make our Platform available to you. When you access, use, or interact with our Platform, these systems automatically record certain information that your browser or device sends whenever you visit a website or utilize an online application as well as information about how long your device is connected to our Platform and the activities that device engages in while connected.
• Cookies, which are small data files that are uploaded to the hard drive or other storage on devices that access, use, or interact with portions of our Platform. Among other things, cookies help us improve our Platform and our users’ experience. We use cookies to see which areas and features are popular and to understand usage of our Platform. We use first party cookies, served directly by us to the devices that access our Platform, to recognize those devices when they revisit. We also use third party cookies, which are cookies that are placed by other parties we work with. These third parties may upload unique cookies to your device to collect information about your use of our Platform and potentially other online activities you engage in over time across different websites and other online applications. The Options/Settings section of most internet browsers will tell you how to manage cookies and other technologies that may be uploaded to your device, including how to disable such technologies. You can disable our cookies, or all cookies, through your browser settings, but please note, disabling cookies may impact some of the features of our Platform and prevent them from operating as intended. You can learn more about cookies, including how to see what cookies have been uploaded to your device and how to manage and delete them, by visitinghttps://www.allaboutcookies.org/.
• Other tracking technologies, such as web beacons, clear gifs, and pixel tags. These technologies may be used on or in connection with our Platform, including, without limitation, in emails we send. We may use these technologies to deliver cookies, count visits, understand usage, and observe data on email delivery, open rates, click rates, bounces, unsubscribes and other information.
• Third party analytic tools, such as:
  • Google Analytics, a web analytics that assists us in understanding how our Platform is used. Google Analytics will place cookies on your device that will generate information we select about your use of our Platform, including your device’s IP address. That information will be transmitted directly to and stored by Google. The information will be used for the purposes of evaluating use of our Platform, compiling reports on activity on our Platform for our use and providing other services relating to activity on, and usage of, our Platform. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of our Platform. Google’s practices with respect to the Personal Data collected through Google Analytics are covered by Google’s privacy policy, available athttps://policies.google.com/privacy. Google allows you to opt out of Google Analytics. You may opt-out by visiting https://tools.google.com/dlpage/gaoptout.
  • Google Tag Manager (“GTM”), a tag management system that allows JavaScript and HTML tags to be quickly deployed and updated on portions of our Platform for tracking and analytics. GT M enables the use of Google Analytics. If you have opted out of Google Analytics, GTM takes this opt out into account. For more information about the privacy practices applicable to GTM, please refer to https://policies.google.com/privacy/and the terms of use athttps://www.google.com/analytics/tag-manager/use-policy.
  • Facebook Audience, an advertising service provided by Facebook, that uses data collected through cookies and other tracking technologies and advertising identifiers and other similar information to display ads based on user’s interests and other information. We use the information collected in connection with Facebook Audience to deliver advertisements to people who may be interested in the features and functionalities available through our Platform. Facebook’s practices with respect to the Personal Data collected through or in connection with Facebook Audience are covered by Facebook’s privacy policy, available athttps://www.facebook.com/about/privacy/. Facebook provides users with the ability to control certain advertising sent in connection Facebook Audience through the tools available at https://www.facebook.com/adpreferences/ad_settings/?entry_product=settings_ads_page_redirection.

  Please note, we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.

We use Personal Data for various purposes to operate and improve the Platform and to conduct our business operations. The primary purposes for which we use Personal Data are:

• Operational Purposes – we may use the Personal Data we, or third parties acting on our behalf, collect for non-marketing purposes, including: (1) operating and improving our Platform; (2) validating your identity; (3) carrying out our obligations and enforcing our rights arising from any contracts we have entered into, including, without limitation, any contracts between you and us; (4) sending you emails to provide you with alerts and updates about your engagement with our Platform; (5) conducting statistical or demographic analysis; (6) complying with legal and regulatory requirements; (7) customizing your experience with our Platform; (8) protecting and defending Fanalyst against legal actions or claims; (9) preventing fraud; (10) satisfying contractual obligations; (11) cooperating with law enforcement or other governmental agencies for purposes of investigations, national security, public safety or matters of public importance when we believe that disclosure of Personal Data is necessary or appropriate to protect the public interest; (12) those you authorize or instruct us to do; and (13) other business purposes permitted under applicable law.
• Marketing Purposes – we may, either on our own or jointly with our third party marketing partners (“Marketing Partners”), use the Personal Data we, or third parties acting on our behalf, collect for marketing purposes, including notifying you of special promotions, opportunities, offers and events via push notifications, e-mail and other means, all subject to our compliance with applicable laws (“Marketing Purposes”). We may also link Personal Data (including your name, mobile phone number, and email address) with other information (including information we automatically collect as described in this Policy) and use such linked information for Marketing Purposes. Our Marketing Purposes may include using Personal Data collected through cookies and other tracking technologies to facilitate the delivery of targeted ads, promotions, and offers to you, on behalf of ourselves and our Marketing Partners on and off the Platform. If you do not want us to use your Personal Data for marketing purposes, you may opt-out in accordance with the “Managing Your Personal Data” section below.

We will not collect additional categories of Personal Data or use the Personal Data we, or third parties acting on our behalf, collect in connection with the Platform for materially different, unrelated, or incompatible purposes without providing you notice. Please note, we may use and disclose aggregated, anonymized, or de-identified information collected in connection with the Platform and other information that does not identify any individual (“Anonymized Data”) for any lawful purposes, which may include, without limitation, purposes not described in this Policy. Except as otherwise required under applicable laws, our use and disclosure of such Anonymized Data is not subject to this Policy.

For business purposes, we may share certain Personal Data we, or third parties acting on our behalf, collect in connection with our Platform from and about you and about your relationship with us, with certain third parties. Doing so allows us to operate our Platform and conduct our business operations. The third parties that we may share Personal Data with include:

• Our Operational Service Providers in connection with the services they provide to us, including, without limitation, marketing, data hosting, payment processing and fraud protection and prevention. We require these Operational Service Providers to exercise reasonable care to protect your Personal Data and restrict their use of your Personal Data to the purposes for which it was provided to them.
• Our Third Party Single Sign On Providers in connection with the services they provide to us, including, without limitation, enabling you to create an account and integrate your account with us and the relevant third party.
• Our Affiliates for purposes related to: (1) our business operations, including, without limitation, to operate our Platform, to process, fulfill or administer orders you place through our Platform and to market or promote our Platform; and (2) their business operations, including, without limitation, marketing and promoting the services they provide. Each Affiliate’s use of your Personal Data is subject to that Affiliate’s privacy policy. In the event a particular Affiliate does not have a privacy policy, unless we inform you otherwise, that Affiliate’s use of your Personal Data will be in accordance with this Policy.
• Our Marketing Partners to facilitate the delivery of targeted ads, promotions and offers to you, on behalf of ourselves and our Marketing Partners, on and off our Platform.
• In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, we may transfer or allow third parties to use information owned or controlled by us, including Personal Data. We reserve the right, in connection with these types of transactions, to transfer or assign your Personal Data and other information we, or third parties acting on our behalf, have collected to third parties or to authorize such third parties to use any such information. Except as ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Data will be subject to this Policy. However, any Personal Data you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.
• Government and law enforcement individuals or private parties where necessary to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any Personal Data and other information to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to and defend against legal claims, for legal process (including subpoenas), to protect our property and rights of those of a third party, to protect us against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive or legally actionable activity, to protect the security and integrity of our Platform and any equipment used to make our Platform available or to comply with applicable laws.
• Any third party to whom you consent and/or instruct us to provide your Personal Data.

Based on the nature of our Platform, third parties may collect information from or about you through or in connection with our Platform. In addition to other information provided in this Policy, including, without limitation, the section titled “How We Collect Usage Data” the categories of third parties that may collect information about you through or in connection with our Platform include:

• Third parties whose content is linked to on our Platform. Any links to other websites, applications or other third party content on our Platform, are not an endorsement, authorization, or representation of our affiliation with that third party and we are not responsible for the content, privacy and security policies and practices of any third party. We encourage you to read the privacy policies or statements applicable to any third party websites, applications, or content you access.
• Other users of our Platform. Depending on how you interact with our Platform, other users may collect information about you that is published or otherwise generally made available on our Platform. All users of our Platform are subject to our Terms of Service, which are available at [URL FOR TERMS OF SERVICE]. While we place restrictions on what our users are allowed to do with information made available to them on our Platform, we are not responsible for any misuse of any information, including your Personal Data, by any user. If you believe that another user has misused your Personal Data or any other information available on our Platform, please contact us athttps://fanalyst.co.

We offer you several choices with respect to how we use your Personal Data. The mechanisms available to you to control the Personal Data are:

• To update any Personal Data you have provided us, update your preferences, or otherwise contact us about our use of your Personal Data, please email us at [email protected].
• To manage the communications we send you:
  • For marketing and other promotional email communications you receive from us, you can opt-out of receiving such communications by following the unsubscribe instructions contained in most email messages from us. Your unsubscribe request or email preference changes will be processed promptly, though this process may take several days. During that processing period, you may receive additional marketing and other promotional emails from us. Please note, opting out of these communications will only apply to marketing and other promotional emails and will not apply to any email or other communications we send to you for non-marketing purposes, including, but not limited to, emails and other communications about your interactions with our Platform.
• If you do not want us to use your Personal Data to deliver targeted advertisements to you according to our target audience preferences, you can opt out by sending us an email with your request to [email protected]. We do not control third parties’ collection or use of your Personal Data to serve interest-based advertising. However, these third parties, which may include our Marketing Partners, may provide you with ways to choose not to have your Personal Data used to deliver targeted to you according to their target audience preferences. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website, located at https://www.networkadvertising.org, and from members of the Digital Advertising Alliance (“DAA”) on their website, located https://youradchoices.com. Please note, even if you opt out from receiving targeted advertisements, you may still see advertisements based on factors such as your general location derived from your IP address, your browser type, and your search terms.
• Subject to certain exceptions, you can request that we delete any of your Personal Data that we collected and retained. Once we receive and confirm your request to delete your Personal Data, we will delete your Personal Data from our records, unless an exception applies. We will also direct our Operational Service Providers to delete your Personal Data that they have retained on our behalf. Please note, we may deny your deletion request under certain circumstances, and will inform you of the basis for the denial, which may include, without limitation, in circumstances where retaining your Personal Data is necessary for us or our service providers to:
  • Complete the transaction for which we collected the Personal Data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that Personal Data that are compatible with the context in which you provided it. To request deletion of your Personal Data, please submit a request to us by emailing us at [email protected]. Only you, or a party that you authorized on your behalf, may make a request related to the deletion of your Personal Data. You may also make a request on behalf of your minor child. Your request for deletion must:
    • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Data or an authorized representative.
    • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or delete your Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you. Making a request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Data associated with that specific account. We will only use Personal Data provided in connection with a request for deletion to verify the requestor’s identity or authority to make the request.

We endeavor to respond to deletion requests as quickly as we can. If we are unable to fully comply with your request to delete your Personal Data, our response will explain the reasons why we are unable to fully fulfill your request. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

We maintain commercially reasonable safeguards to maintain the security and privacy of Personal Data we collect and use in connection with our Platform. Nevertheless, when disclosing Personal Data, you should remain mindful that there is an inherent risk in the use of email and the internet. Your Personal Data and other information may be intercepted without our knowledge or consent, collected illegally and/or used by third parties that are not affiliated with and/or controlled by us. We cannot guarantee the security of any information, including your Personal Data, that you disclose online, and you do so at your own risk.

We do not direct or target any piece of the Platform to children under the age of 13. If we learn that we have collected the Personal Data of anyone under the age of 13, we will take appropriate steps to delete this information. If you are a parent or guardian of someone under the age of 13 and discover that your child has submitted Personal Data to us, please contact us at [email protected]. We will make reasonable efforts to remove such information from our databases.

If you are a California resident, under California’s Shine the Light Law (California Civil Code Section 1798.83) you have the right to request the following information regarding our disclosure of your personal information to third parties for direct marketing purposes: (1) the categories of personal information we disclosed to third parties for their direct marketing purposes during the preceding calendar year; (2) the names and addresses of the third parties that received the information; and (3) if the nature of the third party’s business cannot be determined from their name, examples of the products or services they marketed. This information may be provided in a standardized form that is not specific to you.

You are permitted to obtain this information from us once a year, free of charge. To make such a request, please submit your request in writing to:

• FanalystUS Inc.
• Attn: CA lirivacy Rights Request
• 153 East Flagler Street, #191
• Miami, FL 33131

If you are located in the EU, Switzerland, or the United Kingdom, you have certain rights with respect to your Personal Data. Following is a summary of those rights and additional information applicable to our collection and use of your Personal Data.

When you provide us with your Personal Data in connection with our Platform, we serve as a data controller. When we act as a data controller we determine how your Personal Data will be utilized, in accordance with this Policy.

We rely on several legal bases to process your Personal Data. These legal bases include where:

• The processing is necessary to perform our contractual obligations, such as to provide you with access to our Platform;
• You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);
• The processing is necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims; and
• The processing is necessary for the purposes of our legitimate interests, such as improving, personalizing, and developing our Platform, marketing new features or products that may be of interest, and promoting safety and security as described above.

If you have any questions about or would like further information about the legal bases we rely on to collect and use your Personal Data, please contact us at [email protected]. Rights Under the General Data Protection Regulation If you are located in the EU, Switzerland, or the United Kingdom, you have the following rights in respect of your Personal Data that we hold:

• Right of access. The right to obtain access to your Personal Data.
• Right to rectification. The right to obtain rectification of your Personal Data without undue delay where that Personal Data is inaccurate or incomplete.
• Right to erasure. The right to obtain erasure of your Personal Data without undue delay in certain circumstances, such as where the Personal Data is no longer necessary in relation to the purposes for which it was collected or processed.
• Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Data in certain circumstances, such as where the accuracy of the Personal Data is contested by you, for a period enabling us to verify the accuracy of the Personal Data.
• Right to portability. The right to portability allows you to move, copy, or transfer Personal Data easily from one organization to another.
• Right to object. You have a right to object to processing based on legitimate interests and direct marketing.

If you wish to exercise one of these rights, please email us at  [email protected]. You also have the right to lodge a complaint with your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. Retention of Personal Data

We reserve the right to retain any Personal Data as long as it is needed to: (1) fulfill the purposes for which we collected the Personal Data; and (2) comply with applicable law. Transfers of Personal Data

If you are located in the EU, Switzerland, or the United Kingdom, the Personal Data we collect may be stored and processed in any country in which we or our affiliates, suppliers, third party electronic payment processors, and/or agents maintain facilities, including, without limitation, the United States of America. The United States of America has not sought nor received a finding of “adequacy” from the EU, Switzerland, or the United Kingdom. We rely on appropriate safeguards and derogations for specific situations as set forth in applicable laws to protect Personal Data transferred from the EU, Switzerland, or the United Kingdom to third countries and international organizations.

We will respond diligently and appropriately to requests from DPAs about this Policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of Personal Data, we will (1) cooperate with inquiries from the DPA responsible for the entity exporting the data and (2) cooperate with its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs decisions relating to it and cooperate with al DPAs in accordance with applicable legislation.

Because the methods used to protect your Personal Data and the services we provide are continually evolving, this Policy may change at any time. Unless otherwise noted, those changes will be effective as soon as they are posted. If changes are made to this Policy, we will make it known on our Platform or by email and will indicate the last date it was updated above. Please check back periodically to see if our Policy has been updated. Your continued use of our Platform after any changes to this Policy become effective, constitutes your continued acknowledgement that you understand that we may continue to use your Personal Data as described in this Policy.

We welcome your questions, comments, and concerns about privacy. Please email us at [email protected] with any questions or feedback you have pertaining to our privacy practices.