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OPENFAN PRIVACY POLICY

OpenFan, Inc. (“OpenFan,” “we,” “our,” or “us”) is committed to respecting and protecting your privacy. This Privacy Policy applies to the OpenFan website (“Website”), http://www.openfan.com and services as set forth in our Terms of Use (collectively, our “Service”), and describes how we collect, protect, use and share information gathered from or about you through the Service. By using our Service, you agree to the terms of this Privacy Policy and our Terms of Use. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Use.

  1. INFORMATION WE COLLECT / HOW WE USE INFORMATION

Information you provide to us directly. OpenFan collects personal information when you interact with us or use the Service, such as when you engage with the Service through our Website. The personal information we collect may include your name, mailing address, email address, date of birth and any other information that you send us or that is necessary to provide the Services. You should feel free to decline to provide any information that we request, however, please note that doing so may make it impossible for OpenFan to provide the Service to you. We use the information that we collect to enter you into sweepstakes, contests or promotions where requested, to provide, maintain, improve, and protect the Service, to develop new services and to provide to our third-party partners to send promotional material as described in this policy.

We also receive personal information when you apply for a job with us, whether through our Website or other channels. Any such information gathered from job applications is used to evaluate whether your background and experience make you a candidate for a job with OpenFan.

Information We Collect When You Authorize Us to Access Email Inbox Receipts. When you sign up with OpenFan we will ask you to establish a link between your social media account (such as Facebook), or your Gmail account. That link is built on OAuth, a secure protocol that lets you grant services like ours access to your account without ever revealing your password to us. (And you can turn this off easily from your Gmail account settings.) Once you have authorized us to do so by associating your Gmail account, we will use our automated scanning technology to regularly review the contents of emails to look for emails with receipts of your purchases, including those with information about transactions with the artists or corporate brands with whom we partner. This information collected from your receipts will be used for the purposes described in this Policy, which include generating aggregated analysis, summary reports, and insights about an artist or brand’s customer preferences, derived from such transaction information as market research, data modeling, or analytics. We will use information collected about purchasing history (i.e., receipts in your inbox) to create consumer profiles and audience segments that can be used for targeted advertising and marketing, and subject to legal restrictions (including consent where necessary) we may also use technology (such as Facebook Custom Audiences) to deliver advertising to you on other sites and in Mobile Apps based on the email address or other personal information you provide to us.

Information We Collect from Third Parties. We may collect information about you from the parties and services that we engage to assist us in providing the Services (see Section 2 below). We may also collect information about you from third party services and from publicly available sources. We may receive information about you when you sign-in with our Website through various social media, for example, by liking us on Facebook or following us on Twitter or by logging in to our service through your Facebook account, Gmail account, Twitter or any other third party login.

The data we receive is dependent upon your privacy settings with the applicable third-party website or service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our Website.

  1. HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION

For all visitors to openfan.com, not just registered users, we collect information such as IP address, device identifier, browser type, device type, domain name, access times, duration of visit, referring URL, platform, new and repeat information, time-stamp, exit page information, and other information about how you use the Service.

Pixel Tags and Cookies: We may use third-party tracking technology to provide more helpful services to our users and marketers, such as Google Analytics, Facebook Advertising Pixel, Google Maps API, Mixpanel, Heap Analytics, and others.

We and our third party partners may automatically collect certain types of usage information when you visit our Website or use our Service. For instance, when you visit our Website, we may send one or more cookies—a small text file containing a string of alphanumeric characters—to your computer that uniquely identifies your browser and lets us enhance your navigation through the Website. A cookie may also convey information to us about how you use our Website (e.g., the pages you view, the links you click, how frequently you access our Website and other actions you take on our Website), and allow us to track your usage of the Service over time. We may collect log file information about your browser each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on our Website, domain names, landing pages, pages viewed, and other such information. The information allows for more accurate reporting and improvement of our Website.

We also may use an email delivery company to send emails. Pixel tags and cookies are used in those email messages and at our Website to help us measure the effectiveness of our communications and how visitors use our site. Pixel tags (sometimes also called “clear GIFs”) are small graphic files, invisible to the human eye, which allow websites or other online services to track users. OpenFan and our third-party service providers may use pixel tags in HTML-enabled email to track whether (and when) the recipient opened the message. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for our Website. These tools collect information sent by your browser, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving our Website.

We may use the data collected through cookies, log file, device identifiers, location data and pixel tags to: (a) remember information so that you will not have to re-enter it the next time you use our Service; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Website and our email communications; (d) monitor aggregate metrics such as total number of visitors, traffic, usage and demographic patterns on our Website; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our Website. The information we collect through these tracking technologies may be linked to the personal information you provide when you use the Service.

  1. SHARING OF YOUR INFORMATION

We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Your Choices About Your Information” section below. We may share your personal information as follows:

  1. YOUR CHOICES ABOUT YOUR INFORMATION

How to Control Your Communication Preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of administrative Service-related communications (e.g., information about your orders, changes/updates to our products or features of the Service, technical and security notices). If you want to opt-out of having your information shared with third parties for marketing purposes, you may contact us directly at www.openfan.com/opt-out. Modifying or Deleting Your Information: If you have any questions about reviewing, modifying or deleting your information, you can contact us directly at support@openfan.com. OpenFan may retain your information for a commercially reasonable time for backup, archival, or audit purposes.

  1. HOW WE STORE AND PROTECT YOUR INFORMATION

Storage and Processing:

Your information collected through our Website may be stored and processed in the United States or any other country in which OpenFan or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which OpenFan or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Keeping Your Information Safe:

OpenFan cares about the security of your information, and uses appropriate physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through our Website. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. In the event that any information under our control is compromised as a result of a breach of security, OpenFan will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

  1. CHILDREN’S PRIVACY

OpenFan does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register as Users. In the event that we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 18, please contact us at support @openfan.com.

  1. IF YOU ARE LOCATED IN THE EU

OpenFan is a Corporation established in the US with a registered office at 5792 W Jefferson Blvd, Los Angeles, CA 90016, and for the purpose of the General Data Protection Regulation (the “GDPR”), we are the data controller.

The information we process as a data controller and how we use your information (purposes) is described in Section 1 an 2 above. We process these data (i) because the processing is necessary for the performance of our Services and the related contract with us (Art. 6 (1) lit. b GDPR) as well as (ii) on the basis of your consent (Art. 6 (1) lit. a GDPR) as described above. Recipients or categories of recipients of information you provided to us are described in Section 3 above. Please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to such a transfer as described in Section 5 above.

We will retain your information as follows: for the period necessary to fulfill the purposes outlined in this Privacy Policy. If you opt-out to OpenFan and the further processing of your personal information, we may store your personal information beginning from your opt-out for a maximum of further 90 days unless a longer retention period is required or permitted by law. After that, we may store your information in an aggregated and anonymized format.

Your rights under the GDPR:

In certain circumstances you have rights in relation to the personal data we hold about you. We set out below an outline of those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights by logging in via a third-party login provider (e.g. Google, Facebook) or by verifying that you have access to the email address you provided manually (e.g. by clicking a link in a verification email sent to that email address). To exercise any of your rights, please visit www.openfan.com/view-my-data or email us at support@openfan.com. Please note that for each of the rights below we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.

Withdrawal of consent: Where you have provided your consent to us processing your personal data, you can withdraw your consent at any time by sending an email to support@openfan.com, however, without affecting the lawfulness of processing based on consent before its withdrawal.

Complaints: In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at support@openfan.com and we will endeavour to deal with your request. This is without prejudice to your right to launch a claim with the data protection supervisory authority in the EU country in which you live or work where you think we have infringed data protection laws.

  1. CHANGES TO OUR PRIVACY POLICY

By using our Service, you consent to the collection, use and storage of your information by us
in the manner described in this Privacy Policy. We reserve the right to make changes to this
Privacy Policy from time to time. If this Privacy Policy changes in any way, we will place an
updated version on this page. Regularly reviewing this page ensures that you are always
aware of what information we collect, how we use it and under what circumstances, if any,
we will share it with other parties. We will inform you about material changes of this
Privacy Policy. Your Comments Are Appreciated.

If you have any questions or comments regarding our privacy policy or our Website, you can send us an email at support@openfan.com. This Privacy Policy was last updated on May 16, 2018.