Website Privacy Policy of
FANS.fm

FansFM LLC (“Fans.fm”), a Delaware limited liability company, is committed to the responsible use and protection of any personally identifiable information that Fans.fm may collect through this website and podcasting platform software. This Privacy Policy, as may be amended from time to time, outlines the efforts that Fans.fm strives to take to maintain such protections. Throughout the policy, we refer to information that personally identifies you as “personal information.”

Gathering and Sources of Information

Information We May Collect. Fans.fm strives to limit our collection of personal information solely to only such information as needed to maintain and provide the services sought by our users. We may collect and store the information that you enter and provide to us through our site or through third party vendors of the Fans.fm to process purchases, update you on events, respond to your requests, customize future options for you, improving our website and online marketing efforts and for communicating with you.

The categories of personal information we may collect include your name, telephone number, e-mail address, selected user name and password, subscriptions, preferences, usage and other related information. Fans.fm does not, at this time, collect or maintain any bank account or credit card account information. All purchases of products, services and content through fans.fm are processed through a third-party vendor, Stripe.com. If you submit any personal information, you can be assured that we shall not sell, lease, or share your personal information with or to any third parties, except as set forth in this policy.

We may collect and process information about the content you access and the content creators that you support, including your subscriptions, preferences, usage and access. We may, from time to time, provide summarized information regarding usage, content views and plays, subscriptions, preferences, and related information, without any personally identifying information, to our customers, namely, our content creators utilizing our platform, in order to provide them with information regarding the popularity, plays, usage and access of their content.

We may use the personal information that you submit and other data collected through the website to contact you regarding the website and the services provided by Fans.fm and its affiliates, and to provide you with updates regarding the website and to otherwise provide you with information or services that you may request. We may also from time to time use your personal information to send you e-mail messages or marketing materials regarding the services of Fans.fm and its affiliates. You may opt out of receiving any such communications by sending an email to privacy@fans.fm.

Log-In Information. We may collect general informal that web browsers, networks, servers and mobile devices may make available, including, but not limited to, browser type, operating system, mobile network, IP address, unique device identifiers, language preferences, referring site(s), and/or time of access. Fans.fm generally collects this information when you set up your account, access our platform or make changes to your account.

Usage Information. We generally may collect information about your usage of our platform and services. This information may include, date and time of usage, episode plays, subscriptions, preferences, and related information. We use this information for analytical purposes and to review and update our services and performance from time to time. We may also provide this information, without any personal identifying information, to our content creators to provide them with performance information regarding their content hosted on our platform.

For Creators. Fans.fm will store information and content posted by content creators using our platform that is intended for public access and distribution, which may include podcast names and identifiers, metadata, episode titles, photos and brand information, as well as the podcast audio/video content itself.

Cookies. We may collect some information on our website through the use of cookies (i.e., we may identify pages on our web-sites visited by customers), and may automatically collect certain individually identifying information (i.e., IP addresses or processor serial numbers), which are not associated with any personal information provided by you, to track your online activities, including but not limited to submissions and information requests. This information is only personally identifiable if you have chosen to identify yourself. We use cookies for purposes of assisting your navigation of Fans.fm’s site and content, and to maintain information during your current log-in session. While the cookies are stored on your hard drive, they are not use to spy on you or obtain additional information beyond that which is outlined in this policy. You may be able to disable cookies and any tracking technology through your internet browser, however, doing so may impede your usage of our site.

Personal Data retention. We retain your Personal Data for as long as necessary for the purposes outlined above, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements. If you have an account with us, we will typically retain your Personal Data for a period of 90 days after you have requested that your account is closed or if it's been inactive for 7 years.

Not Intended for Children. The Fans.fm website is not intended for children under the age of 13, and does not knowingly collect any private information from children.

Sensitive Personal Data. We generally do not request certain sensitive personal data, including health information, racial status, religious beliefs, political affiliations or related information. Should such information ever be collected we would generally ask your explicit consent. We may collect information regarding demographic information, including age and gender, if provided by you.

Sharing Information

Fans.fm may disclose the personal information collected from this website to third parties in the following circumstances:

1. We do not sell your information to anyone.
2. We do not disclose information to non-affiliated third parties, except as (a) permitted by you; (b) required by law; and (c) as follows:
   1. We may disclose personal information to our affiliates, and to other companies that help us process your requests or services, including companies with which we may contract to perform business functions and services on our behalf. Examples of such functions may include, hosting our Internet servers, analyzing information, processing purchases and other transactions, and/or providing legal, accounting, administrative or marketing services.
   2. We may disclose or report personal information in limited circumstances where we believe in good faith that disclosure is required or permitted under law (for example, to cooperate with government agencies or law enforcement authorities, resolve consumer disputes, or for institutional risk control or as consented to by you) or where we are otherwise authorized by you.
   3. We may disclose information as may be needed to prevent, report or investigate illegal activity on or using our website or platform.
   4. We may disclose information to our business partners, which may include content creators. Our partners use the information we give them as described in their privacy policies, which may include sending you marketing communications. You should read those polices to learn how they treat your information.
   5. Other than as set out above, you will receive notice when your personal information may go to third parties, and you will have an opportunity to opt not to share your information. For instance, if Fans.fm is acquired by, merged with another entity, you will be notified, as a required by applicable law, prior to the transfer of any personal information.

If you do not want us to share your information as outlined above, or if you would like to review or revise any personal information that you have submitted, please let us know, by sending an e-mail message the e-mail address or by mail to the Fans.fm at the address listed below. A list of third parties who may be provided access to information as outlined above, will be made available upon request.

Users shall be provided with an option to opt-in or opt-out prior to the sharing of any information or data with any third parties other than as outlined herein, or if such information is to be used for any other purposes beyond the purpose for which the information was originally collected or subsequently authorized. If you wish to specifically limit the use and disclosure or your personal information, please contact Fans.fm at the contact information outlined below.

Protecting Information

Fans.fm may receive personal information regarding you that you submit through the use of and access through the Fans.fm website, through third party vendors or otherwise. Fans.fm will make reasonable efforts to protect any personal information transmitted by you through this site to protect such information from loss, misuse and unauthorized access, disclosure, alteration, or improper disposal. Visitors to this site should be aware that no internet transmission is ever completely secure or error-free. E-mail or internet-based communication sent to or from this site may not be secure, and you should therefore take special care and precaution before forwarding any personally identifiable information to Fans.fm via e-mail or via internet communication. Fans.fm has and will implement reasonable safeguards, from time to time, aimed at limiting the risk of a security breach. Such safeguards may include:

• Encryption technology designed to protect certain sensitive information transmitted through the Internet.
• Network and systems protections that restrict access to Fans.fm’s network.

Your Rights

As may be required by applicable law, we strive to enable you to exercise your rights as provided by applicable data protection laws, which may include:

• The right to confirm whether or not we have your personal data and, if we do, to obtain a copy of the personal information we hold. This is known as subject access request.
• The right to have inaccurate data rectified.
• The right to have your data erased. This does not however apply where it is necessary for us to continue to use the data for a lawful reason.
• The right to request the restriction or suppression of your personal data, such as, we will stop using the data but we may continue storing it.
• The right to obtain your personal data that you have provided to us, on the basis of consent or performance of a contract, and where technically feasible, transmitted in a common electronic format to you or directly to another company at your direction.
• The right to object to the use of your data as applicable.

There may be exceptions to the rights above under applicable law. Where you make a request to us as part of these rights, we will always try to respond to your satisfaction, although there may be situations where we are unable to do so.

Depending on the laws of the country and state where you live, you may have other rights in respect of your personal information. If you wish to exercise any legal right in respect of your personal information, please contact us at the contact information below.

Deletion of Data

Upon your request as outlined above, or upon your cancellation of your account, Fans.fm will delete all data associated with your account. We may maintain security backups of all material and data for disaster recovery purposes. Generally, Fans.fm maintains these backups for a period of up to 30 days. Once your account is termination or your request is processed, no copies of backups of your information will be maintained beyond this 30 day period to destroy backups.

Policy Changes

Should Fans.fm make any changes to this Website Privacy Policy, we shall post the same on this Website for your review. You should check our website frequently to see recent changes. Should Fans.fm substantively change its policies regarding the collection or distribution of personal information beyond the terms outlined herein, we will strive to advise you of those changes.

Jurisdiction

Fans.fm is located in Delaware, United States. By using our services you consent to the transfer of your personal data to the United States, and to the maintenances, processing and use of that personal data in the United States as described in this privacy policy.

Except as otherwise governed by international or federal law, these terms and conditions will be governed by the laws of the State of Delaware applicable to contracts entered into and performed exclusively in that state. Any court of competent jurisdiction sitting within the State of Delaware will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this policy, to the fullest extent permitted under applicable law.

Terms & Conditions

Your visit to our website and dispute is governed by this Privacy Policy and our Terms & Conditions, including disclaimers of warranties and limitations of liabilities and the application of the laws of the State of Delaware.

If you have any questions or concerns, please contact us by e-mail at privacy@fans.fm.

Revision 2
August 21st, 2022