Privacy Policy

1. Introduction

1.1 Fanflop, Inc. (“FANFLOP,” “we,” “us”) recognizes that people who use FANFLOP’s Service (“you” or “users”) value their privacy. This Privacy Policy details important information regarding the collection, use and disclosure of user information collected on FANFLOP’s fantasy sports website located at fanflop.com and www.fanflop.com (the “Site”), any related mobile application, and any other features, tools, materials or other services offered from time to time by FANFLOP (collectively, the “Services”). FANFLOP provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Services.

1.2 This Privacy Policy should be read in conjunction with our Terms of Service. By accessing the Services, you are consenting to the information collection and use practices described in this Privacy Policy.

1.3 Your use of the Services and any information you provide through the Services remains subject to the terms of this Privacy Policy and our Terms of Service, as each may be updated from time to time.

1.4 Any questions, comments or complaints that you might have about this Privacy Policy should be emailed to our support contact or forwarded in writing to:

Fanflop, Inc.
[Business address to be confirmed before launch]

2. Information We Collect

By using our Services and by submitting information to us through your use of our Services, this Privacy Policy will apply. You provide certain personal information to FANFLOP when choosing to participate in the various activities on the Services, such as registering for an account, joining and playing in games, choosing a username or avatar, setting your communication preferences, or otherwise communicating with us or making a request through the Services. If you contact us by email, text message, phone call or otherwise, we may record and store the contents of those communications ourselves or using a third-party vendor, and use them to respond to you and satisfy our legal, auditing and other obligations.

The personal information we collect from you generally may include:

• 2.1.1 your email address;
• 2.1.2 your username;
• 2.1.3 your profile photo or chosen avatar;
• 2.1.4 your cellphone number, if you choose to provide one, and your preferred communication channel;
• 2.1.5 your opt-in or opt-out choices for optional email and text updates;
• 2.1.6 your game information, including the tables you join, your buy-ins, your hands and trades, your results, and your virtual-credit balance and transaction history;
• 2.1.7 communications sent to us by you; and
• 2.1.8 any other information you submit to FANFLOP when choosing to participate in various activities on the Services.

2.2 All play on the Services currently uses virtual credits with no cash value, and we do not collect payment card information. If a future paid-entry offering requires identity verification, we would also collect the information required to verify you in accordance with applicable laws and regulations, such as identification documents, address and tax-related information, as a mandatory condition of that offering. You would be told at that time what is required and why.

2.3 When you use our Site or app, we also may collect device and usage information such as operating system and hardware type, browser type, default device language, and app or site usage information. This data also may be linked to your other information.

2.4 If you choose to log in, access or otherwise connect to FANFLOP through a social networking service, we may collect your user ID and username associated with that service, as well as any information you make public using that service or that you have authorized the service to share with us.

2.5 Cookies Information: When you visit the Site, we may send one or more cookies — small files — to your computer or other device, which may enable us or others to uniquely identify your browser. We use both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site; it can be removed by following your web browser’s help directions. Session cookies are temporary and typically disappear after you close your browser. You may be able to reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site or Services may not function properly if the ability to accept cookies is disabled.

2.6 Log File Information: When you use our Services, our servers may automatically record certain information that your device sends whenever you visit any website and use certain apps. These server logs may include information such as your web or app request, Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

2.7 We may employ technologies such as “clear GIFs” (a.k.a. Web Beacons) to track online usage patterns, and use clear GIFs in HTML-based emails to track which emails are opened by specific users.

2.8 FANFLOP may also collect information about you from third parties, such as service providers that host the Services, send transactional email, or supply the sports data we use to run games, as well as anti-fraud services. You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to us or our service provider for the duration of your business relationship, solely to help us identify you or your wireless device and to prevent fraud.

3. The Way Fanflop Uses Your Personal Information

3.1 We use your personal information to operate, maintain, and provide to you the features and functionality of the Services, including but not limited to the following:

• 3.1.1 creating and managing your account and securing your sign-in;
• 3.1.2 dealing cards, ranking hands, settling games and maintaining your virtual-credit balance and transaction history;
• 3.1.3 processing and responding to enquiries;
• 3.1.4 personalizing your use of the Services;
• 3.1.5 alerting you to new features, special events, products and services, where you have opted in;
• 3.1.6 enforcing the legal terms that govern your use of the Services; and
• 3.1.7 investigating and protecting the integrity of FANFLOP’s games.

3.2 We may use your information to communicate with you about our products and services in which you may be interested, provided that you have not opted out; newsletters and information for which you have signed up, where applicable; and non-marketing or administrative purposes, such as notifying you of major changes to the Services or for customer-service purposes.

3.3 We use your information to improve the quality and design of our Services and to create new features and functionality, such as by storing, tracking and analyzing user preferences and trends.

3.4 We also use cookies, clear GIFs, log file information and device information for purposes such as (a) remembering information so that you will not have to re-enter it during your visit or the next time you visit the Services; (b) providing custom, personalized content and information; (c) monitoring aggregate metrics such as the total number of visitors and pages viewed; and (d) tracking your entries, trades and status in games.

3.5 We may anonymize, de-identify or aggregate your information for any legitimate business purpose, including for reporting and research. Such anonymized and/or aggregated data does not personally identify you.

3.6 We will retain personal information and the contents of our communications with you as long as necessary to fulfill these purposes, unless the law requires us to keep it for a longer period. To provide security and business continuity for the activities described here, we make backups of certain data, which we may retain for longer than the original data.

4. When Fanflop Discloses Information

4.1 We may disclose the information we collect or receive from you to our subsidiaries, affiliated companies, agents or other businesses, or service providers who process your information on our behalf in order to provide or operate the Services. For instance, these entities may have access to your information for purposes including (but not limited to) hosting, marketing, promotional and email services, customer and technical support, SMS or text-message delivery, and processing such information on our behalf. Our agreements with these service providers limit the kinds of information they can use or process and require them to use reasonable efforts to keep your personal information secure. We do not disclose mobile phone numbers to unaffiliated third parties for their marketing purposes without your express consent.

4.2 Your username, avatar and game information may be visible to other participants where needed for play, for example on a table listing the players in a game.

4.3 Where you have provided your consent, we may share your personal information with selected third parties for their commercial or marketing use in conjunction with your relationship with FANFLOP or as part of a specific program or feature.

4.4 We also may share personal information in other situations with your consent.

4.5 We may access, use, preserve, transfer and disclose any of your information (including the content of your communications with us, device identifiers and personal information) to third parties: (i) to satisfy any applicable law, regulation, subpoena, governmental request or legal process, if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Services, their integrity, and our Terms of Service or other policies applicable to the Services, including the investigation, determination or validation of potential violations thereof; (iii) to report violations of our eligibility rules; (iv) to protect the safety, rights, property, integrity or security of the Services or any third party; and/or (v) to detect, prevent or otherwise address fraud, security or technical issues. We may also use IP addresses or other device identifiers to identify individuals, either acting alone or in cooperation with third parties such as internet service providers, wireless service providers and/or law enforcement agencies.

4.6 In the event that FANFLOP is involved in a merger, acquisition, sale, bankruptcy, insolvency, reorganization, receivership, assignment for the benefit of creditors, or other change of control, there may be a disclosure of your personal information to another entity related to such event.

4.7 Recipients of the data disclosures described in this Privacy Policy are located in the United States and elsewhere in the world, including where privacy laws may not provide as much protection as your country.

5. Legal Bases for Processing Personal Data

5.1 Some laws require companies to tell you about the legal grounds they rely on to process your personal information. To the extent those laws apply, we process your personal information:

• 5.1.1 Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests in commercial activities such as the following, in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals: customer service; protecting our players, personnel and property; analyzing and improving our business; and managing legal issues.
• 5.1.2 We may also process personal data for the legitimate interests of our affiliates or business partners, such as to offer special events or games or assist with marketing.
• 5.1.3 Processing for the contract: Some of our processing of personal data is to meet our contractual obligations with our players under the Terms of Service.
• 5.1.4 Consent: Where required by law, and in some other cases, we handle personal data on the basis of your implied or express consent.
• 5.1.5 Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.

6. Third Party Advertising and Analytics

6.1 The Services do not currently run third-party advertising or share your information with advertising partners for targeted advertising. If that changes, this section will be updated, and where required by applicable law you will be given an opportunity to opt out before the change takes effect.

6.2 We may work with third-party analytics companies to collect data on our Services through cookies and other automated means, to view reports about how visitors interact with the Services so we can improve the Site and understand how people find and navigate it. The use of cookies or other tracking technologies that may be placed on devices you use to access our Services by non-affiliated third parties is governed by the privacy policies of those third parties.

7. Information Security

7.1 We are committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure.

7.2 While neither we nor any other organization can guarantee the security of information processed online, we have appropriate security measures in place to protect your personal information. For example, we store the personal information you provide on systems with limited access, and database access rules restrict what other players can see about you — including hiding opponent hands while a game is open.

7.3 To further protect your privacy and security, we reserve the right to take reasonable steps (such as verifying your sign-in) to verify your identity before granting access to your profile or making corrections.

7.4 Additionally, you should ensure your password is kept secret at all times. You are responsible for maintaining the secrecy of your password and account information.

8. Your Rights and Choices

8.1 FANFLOP will process your personal information in accordance with this Privacy Policy, and as part of that FANFLOP provides you with certain choices about how we process your personal information. These choices are set out below.

8.2 You can access and update certain personal information FANFLOP holds about you at any time by logging into your account via the Services.

8.3 Marketing Communications. You can choose your preferred communication channel (email or text) and separately opt in or out of optional email and text updates at any time on the Account page. You may also opt out of email marketing by following the unsubscribe instructions in any marketing email. Providing a cellphone number does not, by itself, authorize marketing texts, and optional text delivery depends on your opt-in choice; carrier message and data charges may apply if texts are enabled. Please note that even though you may opt out of receiving marketing-related communications, we may still send you important administrative and transactional messages (for example, notifications regarding updates to our legal terms).

8.4 Rights Regarding Your Information. Depending on your jurisdiction, you may have the right, in accordance with applicable data protection laws, to make requests related to your “personal information” or “personal data” (collectively referred to herein as “personal information”). Specifically, you may have the right to ask us to:

• inform you about the categories of personal information we collect or disclose about you, the sources of such information, the purposes for collecting it, and the categories of third parties with whom we disclose it;
• provide you access to and/or a copy of certain personal information we hold about you (you may be able to access some of this information by logging into your account);
• correct or update personal information we hold about you;
• delete certain personal information we hold about you;
• restrict or object to certain uses of your personal information;
• withdraw consent to using your personal information (which does not affect the legality of any processing that happened before the request takes effect); and
• opt out of the processing of your personal information for direct marketing.

Please note that certain information may be exempt from such requests under applicable law. For example, we need certain information in order to provide the Services to you, and we need to take reasonable steps to verify your identity before responding to a request, which may include verifying your username and email address. If we are unable to verify your identity, we may be unable to respond to your requests.

To exercise any of these rights, contact us using the support contact for the Services. You may be able to designate an authorized agent to make requests on your behalf; to do so, you must provide the authorized agent with signed, written permission to make such requests, and we may follow up with you to verify your identity before processing the request as permitted by applicable law.

Depending on applicable law, you may have the right to appeal our decision to deny your request, and we will provide information about how to exercise that right in our response. You also have the right to lodge a complaint with a supervisory authority; however, we respectfully invite you to allow us to try to resolve the matter directly. We will attempt to answer your questions and satisfy your concerns in a timely and complete manner.

9. Notice to California Residents

9.1 California Consumer Privacy Act. If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).

Categories of personal information we collect. Throughout this Privacy Policy, we discuss in detail the specific pieces of personal information we collect from and about users. Under the CCPA, we are also required to provide you with the “categories” of personal information we collect. The categories we may collect are: identifiers (such as your email address, username or IP address); commercial information (such as game entries, buy-ins and virtual-credit transaction history); internet or other network or device activity (such as browsing history or Services usage); inferences drawn from the above; and other information that identifies or can be reasonably associated with you.

How we use and disclose these categories of personal information. We use and disclose the categories of personal information we collect from and about you consistent with the various business purposes we discuss throughout this Policy and how you engage with the Services. Please see the relevant sections above for more information.

9.2 “Sales” and “sharing” of personal information. The Services do not currently sell personal information or share personal information for targeted advertising as those terms are defined under California law.

9.3 Shine the Light Disclosures. If you reside in California, you may request certain general information regarding our disclosure of personal information during the preceding year to third parties for their direct marketing purposes. To make such a request, please write to us at the address in Section 1.

10. Changes and Updates

10.1 This Privacy Policy may be revised periodically, and this will be reflected by the “Last update posted” date above. Please revisit this page to stay aware of any changes. If a revision to this Privacy Policy, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account.

10.2 Contact Information: Please contact FANFLOP with any questions or comments about this Privacy Policy using the support contact for the Services.