Privacy Policy
Effective date: November 30th, 2023
FanRealm Inc. (“FanRealm”, “we”, “us”) operates the website, tools features, and functionalities offered at www.fanrealm.net (the "Site", collectively with such tools, features, and functionalities, the “Service”) and is the owner of the Service. The Service is a social networking platform that allows: (i) "Content Creators" to share and monetize their own content, and view and subscribe to other Creators' content; and (ii) "Fans" to view and subscribe to the content of Creators.
Purpose of this Privacy Policy
This Policy is provided to You in addition to our Terms of Service governing the use of our Service, but it is not incorporated into, nor does it form part of, our Terms of Service. The purpose of this privacy policy (this "Policy") is to inform all Users of our Service (“You,” “Your,” or “User”) of our policies and practices pertaining to personal data that we collect and/or process in relation to Creators and Fans, including the following:
The personal data we will collect;
Use of collected data;
Who has access to the data collected;
The rights of Users of the Service; and
The Site's cookie policy.
Note that "personal data" is information that identifies, describes, relates to, could reasonably be linked to, or is reasonably capable of being associated with a particular person or household whether directly or indirectly.
Some aspects of the Policy pertain to both Fans and Creators while other parts of the Policy specifically apply only to Creators or only to Fans. The Policy also concerns how we process the personal data of individuals that are featured in content that is uploaded by a Creator ("Performers"), and how or where we process personal data about You or the Performer in the context of our business relationships.
We process Your personal data when You access or use the Site and for the provision of the Service. We also process Your personal data when You engage with us through social media pages on third-party websites such as Facebook and Twitter, or other means of interacting with us.
As a data controller of the personal data that we process in connection with the Service, we decide the reasons why we process personal data about You and how we process such personal data. We encourage You to carefully review this Policy to understand how we process Your personal data. By accessing the Site or using our Service, You affirm and acknowledge that You have read and understand this Policy.
Age requirement
Our Site and our Service are strictly intended for persons who are eighteen years of age or older. Any person who is under the age of 18 years is not permitted to access or use the Service. By using or accessing the Service, You affirmatively represent that You are at least 18 years of age.
Third-party services
Our Service includes links and access to third-party websites, plug-ins, APIs, and applications. By clicking on such links or enabling such connections, Users may allow third parties to collect or share their personal data. This Policy does not apply to Your use of or interaction with such third parties. FanRealm is not responsible for the content, security, or privacy policies or practices of such third parties or their websites, plug-ins, or applications. You are advised to carefully review the terms, privacy policies, and cookie notices of any such third party to learn how they use and process Your personal data.
Effect of declining to provide personal data
Please note that we may not be able to provide You with access to the Service or certain functionalities, tools, or features of the Service, if You do not wish to provide personal data where requested. We must collect certain personal data from You to provide You with access to the Services or certain features, tools, and functionalities in compliance with our Terms of Service. Certain applicable laws also require us to collect, retain, and process certain personal data.
Categories of personal data
We process various types of personal data about You as Creators and Fans. We have grouped the personal data that we collected based on the type of User as follows:
User data for creators
full legal name
residential address
country of residence
email address
telephone number
a copy of the government identification that You provided to us a photograph of You holding Your government identity document signed release forms if You feature in another Creator's content
User data for fans
email address
telephone number
Third party onboarding data for creators
a copy of government identification
photo of You holding Your government issued identification
the results of the third-party age and identity verification process (where applicable)
metadata associated with the third-party age and identity verification process
Third party onboarding data for fans
a copy of government identification (where required for Fans)
photo of You holding Your government issued identification
the results of the third-party age and identity verification process (where applicable)
metadata associated with the third-party age and identity verification process
Account data for creators
profile or User name
password
Your subscriptions, subscriberUids, and/or referrals
posts made to Your Creator account
comments on posts made from Your Creator account
chat messages between You and other Users (including Fans and Creators)
customer support requests submitted to us
Account data for fans
profile or User name
password
Your subscriptions
comments on posts made from Your Fan account
chat messages between You and other Users
customer support queries that You submit to us
Transaction data for creators
earnings
pay-out requests
payments made to Your Creator account
payments made from Your Creator account to other Creators
any failed payments
Transaction data for fans
payments made from Your Fan account to Creators
any failed payments
Technical data for creators and fans
Internet or other electronic network activity information, including:
internet protocol (IP) address (and associated location data)
Internet Service Provider (ISP)
device and type
name and version of browser
Usage data for creators and fans
We may use cookies where necessary to allow You to browse the Services and to access certain pages of the Website, and, with Your consent we may use cookies for the following purposes: to maintain, improve, and optimize performance of the Service to allow for certain Site functionalities
Face recognition data for creators and fans(in certain locations)
As described in more detail below in Section 10 (our onboardingprocesses), during onboarding, our third-party providers may use face recognition technology, so they can digitally verify You. The Face Recognition Data remains with our third-party provider.
OUR ONBOARDING PROCESSES ARE DESIGNED TO ENSURE COMPLIANCE:
Creators
Our onboarding processes are intended to, among other things, ensure that each and every Creator: (i) is 18 years of age or older; and (ii) has verified his/her identity. Before anyone can start a Creator account, we will require that You provide Creator User Data, as set out above in the categories of personal data section above and indicate Your country of residence to ensure that Your access to the Service complies with applicable laws. We may also request that You provide Financial Data so that Creators can receive payments for content and access earnings via the Service. Financial Data is also collected for verification and anti-fraud purposes.
We may also ask You to complete third-party age and identity verification processes that include, for example, taking a photograph of Yourself holding Your government issued identification to verify Your age and identity and to check that You have not previously been banned from using the Service.
Fans
Our onboarding processes are intended to, among other things, ensure that each and every Fan: (i) is 18 years of age or older; and (ii) in certain locations, has verified his/her identity. Before anyone can start a Fan account, we will require that You provide Fan User Data, as set out above in the categories of personal data section above and indicate Your country of residence to ensure that Your access to the Service complies with applicable laws. We may also request that You provide Financial Data so that Creators can receive payments for content and access earnings via the Service. Financial Data is also collected for verification and anti-fraud purposes.
We may also ask You to complete third-party age verification or estimation (depending on the jurisdiction) process, and an identity verification process that includes, for example, taking a photograph of Yourself holding Your government issued identification to verify Your age and identity and to check that You have not previously been banned from using the Service.
GDPR
For Users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For Users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.
We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.
Legal basis for processing
We collect and process personal data about Users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR. We process personal data for, or based on, one or more of the following legal bases:
Consent: Your consent is requested only in specific circumstances.
Performance of a contract: By accessing and/or using the Service, You have contracted with us through our Terms of Service pursuant to which we will process personal data so that we may perform our obligations thereunder and enforce the terms of that agreement.
Legitimate interests: We may process personal data if it is in our legitimate interest or that of a third-party.
Compliance with legal obligations: We may process personal data to comply with applicable law, rules, and regulations in the various locations where we knowingly operate.
Tasks in the public interest: We may process personal data as required for tasks undertaken in the public interest such as reporting illegal activity to law enforcement authorities.
We will only use Your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose, or to comply with applicable law.
How we obtain your personal data
We collect Your personal data from the following categories of sources:
Directly from You when You provide data to create or update Your account profile or when You communicate with us.
Automatically or indirectly from You as You use the Services.
From our service providers (as permitted by applicable law).
Who we share personal data with
We share personal data with the following:
Employees: We may disclose User data to any member of our organization who reasonably needs access to User data to achieve the purposes set out in this Policy and in the Terms of Service.
Third Party Service Providers: We may share with third party service providers to achieve the purposes set forth in the Terms of Service.
Our professional advisers: We may share personal data with professional advisors such as legal advisors, accountants, consultants, and insurers who may process personal data as needed to provide their professional services.
The lawful basis we rely on for sharing personal data with the above recipients is that it is necessary for our legitimate interests (namely the receipt of services to support business functionality).
Authorities, regulators, and organizations: We may share personal data to respond to requests and orders from governmental authorities (e.g., law enforcement and tax authorities), regulators, and certain non-governmental organizations. Such parties may use Your personal data to perform their regulatory, law enforcement, or not-for-profit role.
The lawful basis we rely on for sharing personal data with authorities, regulators, and organizations is that the processing is either necessary to comply with a legal obligation, or necessary for the legitimate interest of our company or the third-party, or where it is in the broader public interest (for example, to protect the safety of our Users and third parties).
How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved except as otherwise stated in this Privacy Policy. Subject to the details specified below, we retain personal data for a period of six months after the deletion or deactivation of Your account on the Service.
We will delete Your personal data sooner in cases where applicable law requires a shorter retention period and we will retain Your personal data for a longer period if we determine it to be necessary to carry out the processing activities set out in this Policy, which may include the following:
if necessary to comply with laws and regulatory obligations that are applicable to us (for example, compliance with record keeping or document maintenance requirements in applicable locations and/or financial or tax reporting requirements, which may in some instances require us to maintain such records for up to seven years, and/or if we receive a valid legal or regulatory request, such as a preservation order or search warrant, involving or related to Your account);
for purposes of participating in and cooperating in legal proceedings (for example, in cases where we are defending ourselves or cooperating in the conduct of litigation about a claim relating to You or Your account);
to identify and report any illegal activity, and protect the safety of our Users and third parties;
to protect our right and/or property and/or the rights and property of our Users and other third parties (for example, in cases where we have reason to believe that You have violated our Terms of Service, and in circumstances where Users are banned from further access to the Service); and
for the purposes of responding to requests from third parties in relation to Your account, such as requests received from, or investigations by, law enforcement authorities, relevant governmental authorities (including without limitation tax and regulatory authorities) and non-governmental organizations (e.g., NCMEC).
We reserve the right to determine, on a case-by-case basis, the data that we retain and the length of time that we retain such data based on the particular circumstances that we deem relevant and appropriate in our sole discretion.
How we protect your personal data
In order to protect Your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to those parties indicated in the Who We Share Your Personal Data With section above.
While we take all reasonable precautions to ensure that User data is secure and that Users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of User data beyond what is reasonably practical.
Your rights as a user under the GDPR
Right to be informed;
Right of access;
Right to rectification;
Right to erasure;
Right to restrict processing;
Right to data portability; and
Right to object.
To exercise Your rights set out above, You may contact us using the contact details set out in the Contact Us section below. Please ensure that Your request contains sufficient information to enable us to confirm Your identity and properly understand, evaluate, and respond to Your request.
Note that we may request additional personal data in connection with such a request so that we can verify Your identity. In certain circumstances, we may decline a privacy rights request, particularly where we are unable to verify Your identity.
If Your request is made by a third-party authorized by You, we will also require them to provide proof that the third-party has Your permission to submit the request on Your behalf.
Minimum age requirements
The minimum age to use our website is 18 years of age. We do not knowingly collect or use personal data from children under 18 years of age. If we learn that we have collected personal data from a child under 18 years of age, the personal data will be deleted as soon as possible. If a child under 18 years of age has provided us with personal data, their parent or guardian may contact our privacy officer.
How to Access, Modify, Delete, or Challenge the Data Collected
If You would like to know if we have collected Your personal data, how we have used Your personal data, if we have disclosed Your personal data and to who we disclosed Your personal data, if You would like Your data to be deleted or modified in any way, or if You would like to exercise any of Your other rights under the GDPR, please contact our privacy officer here: support@fanrealm.net
Do Not Track Notice
Do Not Track ("DNT") is a privacy preference that You can set in certain web browsers. We do not track the Users of our Site over time and across third party websites and therefore do not respond to browser-initiated DNT signals.
Cookie Policy
A cookie is a small file, stored on a User's hard drive by a website. Its purpose is to collect data relating to the User's browsing habits. We use cookies and similar technologies to provide You with services and to collect data. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in Your internet browser, but this may decrease the quality of Your User experience.
We use the following types of cookies on our Site:
Functional cookies: Functional cookies are used to remember the selections You make on our Site so that Your selections are saved for Your next visits;
Analytical cookies: Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how You access our Site, for example data on the content You access, how long You stay on our Site;
Targeting cookies: Targeting cookies collect data on how You use the Site and Your preferences. This allows us to personalize the information You see on our Site for You; and
Third-Party Cookies: Third-party cookies are created by a website other than ours. We may use third-party cookies to monitor User preferences.
Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our Users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify Users by email of changes to this Privacy Policy.
Complaints
If You have any complaints about how we process Your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If You feel we have not addressed Your concern in a satisfactory manner You may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority. You can lodge a complaint with a supervisory authority by contacting the Information Commissioner's Office in the UK.
Contact information
Email: support@fanrealm.net