Privacy Policy 2018-05-25

Last Updated on May 25, 2018. This Privacy Policy is effective immediately for users that sign up for Fantasy accounts on or after May 25, 2018 and will become effective on May 25, 2018 for users that already have Fantasy accounts. To review our previous privacy policy, please click here.

Purpose of the Policy: This Policy describes how Fantasy (“us,” “we” or “the app”) collects, uses, discloses and otherwise processes the personal data you provide by using the Fantasy application on iOS or the Fantasy website (collectively referred to as the “Service”).

Notice concerning children: We require users of the Service to be at least 18 years of age. We do not intend for anyone under the age of 18 to use any of the features or services we offer from the Service and we do not knowingly collect personal data from anyone under the age of 18. Children should not be dating online. We understand and are committed to respecting the sensitive nature of children’s privacy online. If you suspect that a user is under the age of 18, please use the report profile mechanism available through the Service.

When you use the Service, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy.

 

1. PURPOSES OF PROCESSING

As used in this Policy, “personal data” is as defined in the General Data Protection Regulation 2018 and any successor legislation, which includes any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, email address and telephone number. We need certain personal data in order to provide you with access to our Service. To process your personal data as outlined below, we rely on the following legal bases:

Contractual Performance: The primary reason we process your personal data is to perform the contract that you have with us. For example, as you use our Service, we use your personal data to provide your account, to make it visible to other users and to recommend other users to you.

Legitimate Interests: We may also use your personal data where we have legitimate interests to do so. For instance, we review users’ actions while using our Service to improve our Service and we process personal data for administrative, fraud detection and other legal purposes.

Consent: We may also ask for your consent to use your personal data for specific reasons. You may withdraw your consent at any time by contacting us as set out at the end of this Policy.

 

2. INFORMATION WE COLLECT AND HOW WE USE IT

In using the Service, you are required to provide personal data to verify that you are the specific person you say you are. This personal data can include but is not limited to your Facebook profile, email or phone number. Your profile consists of your name as well as other data you provide including gender, age, relationship status, sexuality, pictures, stories, fantasies, lifestyle choices and location.

Your ‘Search filter’ allow us to match you with relevant people. You may choose to share this personal data with other members, which includes but is not limited to name, gender, age, sexuality, location, fantasies and lifestyle choices. Some of the personal data you choose to provide us may be considered “special” or “sensitive” in certain jurisdictions, for example sexuality or secret fantasies (“Sensitive Personal Data”). By choosing to provide this personal data, you consent to our processing of that data.

We may collect and store information about you in connection with your use of the Service, including any information you transmit to or through the Service. We use that information to provide the Service’s functionality, fulfill your requests, improve the Service’s quality, engage in research and analysis relating to the Service, personalize your experience, track usage of the Service, market the Service, provide customer support, message you, back up our systems, allow for disaster recovery, enhance the security of the Service, and comply with legal obligations. Even when we do not retain such information, it still must be transmitted to our servers initially and stored long enough to process.

Please also note:

1. Information collected automatically: When you use the Service we may collect some personal data about you automatically. This personal data includes but is not limited to: app version and build number, attribution campaign and source, authentication state, push token, device OS and version, device model, latitude and longitude, signup date, payment date, and first subscription date, browser type, type of computer or mobile device, browser language, IP address, WiFi information such as SSID, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs. If you sign up through Facebook, this personal data also includes: DOB, email, Facebook ID, first and last name, and gender. If you sign up through your phone number, this includes your phone number. This personal data allows us to diagnose bugs - for example knowing you are on an old version of Fantasy– as well as detect fraud. This personal data also allows us to send push notifications if you choose to opt into those communications. We may also receive and store your location whenever our mobile applications are running, including when running in the background, if you enable our mobile apps to access such information in the course of using the Service. You may be able to limit or disallow our use of certain location data through your device or browser settings, for example by adjusting the "Location Services" settings for our applications in iOS privacy settings.
2. Account Information: If you create a Fantasy account, we may store and use the information you provide during that process, such as your name and other information you may provide with your account, such as your name, gender, age, sexuality, relationship status, fantasies. We may publicly display your name, age, sexuality, photos, public fantasies, public stories, as part of your account profile. If you believe that someone has created an unauthorized account depicting you or your likeness, please use the report profile mechanism available through the Service.
3. Public Content: Your contributions to the Service are intended for public consumption and are therefore viewable by the public, including your name, photos, age, sexuality, relationship status, public fantasies and stories. Your account profile (e.g., photos, age, sexuality, relationship status, public fantasies and stories) is also intended for public consumption, as is some of your other activity through the Service, like stories and your comments on stories of other profiles. We don’t publicly display your secret fantasies. 
4. Contacts: You can invite others to join Fantasy by providing us with their contact information, or by allowing us to access your contacts from your computer, mobile device, or third party sites to select which individuals you want to invite. If you allow us to access your contacts, we may transmit that information to our servers long enough to process your invitations.
5. Communications: When you sign up for an account or use certain features, you are opting to receive messages from other users, businesses profiles, and us. You cannot opt out of receiving certain administrative, transactional, or legal messages from us. We may also track your actions in response to the messages you receive from us or through the Service, such as whether you deleted, opened, or forwarded such messages. If you exchange messages with others through the Service, we may store them in order to process and deliver them, allow you to manage them, and we may review and disclose them in connection with investigations related to use of the Service, as well as our efforts to improve the Service. We may not deliver messages that we believe are objectionable, such as spam messages, fraudulent solicitations, or requests for paid services. If you send or receive messages through the Service via SMS text message, we may log phone numbers, phone carriers, and the date and time that the messages were processed. Carriers may charge recipients for texts that they receive. We may also store information that you provide through communications to us, including from phone calls, letters, emails and other electronic messages, or in person. If you are a representative of a business account, we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business. Our calls with you may be monitored and recorded for quality purposes.
6. Transactions: If you initiate a transaction through the Service, such as a purchase, we may collect and store information about you, such as your name, phone number, address, email, and payment information (such as a credit card number and expiration date), as well as any other information you provide to us, in order to process your transaction, send communications about them to you, and populate forms for future transactions. This information may be shared with third parties, and third parties may share such information with us, for the same purposes. When you submit credit card numbers, we encrypt that information using industry standard technology.
7. Activity: When you use the Service, we may collect personal data as you take actions within the Service, such as users whom you liked or disliked, whom you have interacted with and how you use the Service. This may include but is not limited to passing, liking, commenting, messaging, blocks and other reports, your search activity, the screens you view, the date and time of your visit. Collecting this information allows us to provide the service and helps us improve our Service by refining our recommendation algorithm, diagnosing bugs or issues, developing new features, and monitoring for behavior that violates our Terms of Service. This information is also used for financial reporting.

 

3. COOKIES

We, and third parties with whom we partner, may use cookies, web beacons, tags, scripts, local shared objects such as HTML5 and Flash (sometimes called "flash cookies"), advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology ("Cookies") in connection with your use of the Service, third party websites, and mobile applications. Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Service, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session.

The purposes for which we use Cookies in the Service include:

Purpose	Explanation
Processes	Intended to make the Service work in the way you expect. For example, we use a Cookie that tells us whether you have already signed up for an account.
Authentication, Security, and Compliance	Intended to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. For example, we use Cookies to determine if you are logged in.
Preferences	Intended to remember information about how you prefer the Service to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to send push notifications to your phone.
Notifications	Intended to allow or prevent notices of information or options that we think could improve your use of the Service. For example, we use a Cookie that stops us from showing you the signup notification if you have already seen it.
Advertising	Intended to make advertising more relevant to users and more valuable to advertisers. For example, we may use Cookies to serve you interest-based ads, such as ads that are displayed to you based on your visits to other websites, or to tell us if you have recently clicked on an ad.
Analytics	Intended to help us understand how visitors use the Service. For example, we use a Cookie that tells us how our search suggestions correlate to your interactions with the search page.

You can set some Cookie preferences through your device or browser settings, but doing so may affect the functionality of the Service. The method for disabling Cookies may vary by device and browser, but can usually be found in your device or browser preferences or security settings. For example, iOS and Android devices each have settings which are designed to limit forms of ad tracking. Please note that changing any of these settings does not prevent the display of certain advertisements to you.

 

4. AUTOMATED DECISION-MAKING AND PROFILING

To perform the contract that you have with us, we use automated decision-making and/or profiling in regard to your personal data, including Sensitive Personal Data, to match you with relevant people. We use automated decision-making and profiling to recommend matches to you based on your profile and the people you engage with. We also use automated decision-making and profiling to moderate bad actors by flagging user profiles that may contain explicit content. If you choose to opt-out of automated decision-making and profiling, we will not be able to provide our Service and you will be prompted to delete your account. We do not otherwise use your personal data for the purposes of automated decision-making. However, we may do so in order to fulfill obligations imposed by law, in which case we will inform you of any such processing and provide you with an opportunity to object.

 

5. HOW WE SHARE YOUR INFORMATION

We may share your personal data with other users, with service providers and partners who help us operate the Service, in the event of a business transaction and for law enforcement purposes. Third parties may receive information about you as follows:

1. Service Providers: we may share your personal data with third parties to provide you with the Service (such as analytics services or customer relationship management services). We vet all service providers before we provide them with your personal data and ensure we have appropriate contractual safeguards in place.
2. Aggregate or Anonymous Information: We may share user information in the aggregate with third parties. For example, we may disclose the number of users that have been exposed to, or clicked on, business accounts stories. We may also disclose anonymized information about your use on Fantasy, for example if you engage in a transaction in connection with Fantasy, we may publicly disclose information about the transaction without providing identifying information about you or otherwise disclosing your participation in the transaction.
3. Business Transfers: We may share information from or about you with our parent companies, subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy. If Fantasy is involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, dissolution, bankruptcy or other change of control or ownership, we may transfer personal data in relation to that transaction with respect to that information as described in this Privacy Policy.
4. Investigations and Legal Disclosures: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure: (a) is reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process or law enforcement requests served on us; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public. If you report or otherwise complain to us about content through the Service, we may share the substance of your complaint with the contributor of that content in order to provide an opportunity for the contributor to respond.
5. Third Party Accounts: If you sign up for, or log into, Fantasy using a third-party service like Facebook, or link your Fantasy account to your account with a third party service like Facebook, Instagram or cell number, we may receive information about you from such third-party service. If you post content to a third party service through the Service, that third party service will also receive that content, which will be visible to anyone that has access to it through that third-party service.

 

6. CONTROLLING YOUR PERSONAL DATA AND YOUR RIGHTS

Below, we have outlined some of the tools you have to control your personal data.

1. Tools in the Service: The Service provides a certain tools thatallowsw you to access, rectify or delete information that you provided through the Service and that’s associated with you.  Other users may be able to identify you, or associate you with your account, if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Service in the Guest mode, though doing so could detract from the credibility of your contributions to the Service. Please also note that the messages you send or receive using the Service are only private to the extent that both you and the person you are communicating with keeping them private. For example, if you send a message to another user, that user may choose to publicly post it. Also, we may access and disclose such messages in the course of investigations relating to the use of the Service.
2. Device Permissions: Mobile operating systems have permission controls, such as for camera and location services. You can control these options through your device’s settings. Please note that changing these settings may result in lost functionality within the Service.

You should also be aware of your privacy rights.

1. Opt-out. You may contact us anytime as set out at the end of this Policy to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) any new processing of your personal data that we may carry out beyond the original purpose; or (iv) the transfer of your personal data outside the EEA. Please note that your use of the Services may be ineffective upon opt-out.
2. Reviewing your information: Applicable privacy laws may give you the right to review the personal data we maintain about you. To request access to your personal data, please contact us as set out at the end of this Policy.
3. Updating your information: If you think the information we hold about you is inaccurate or that we are not entitled to use it and would like to request that we rectify, delete or object to our processing of this personal data, please contact us as set out at the end of this Policy.
4. Moving your information. Your data is portable – i.e. you to have the flexibility to move your data to other service providers as you wish. To request this, please contact us as set out at the end of this Policy.
5. Accountability: Some countries, including those in the European Union, provide you with a right to file a complaint with the appropriate data protection authority if you have an issue with how we process your personal data.

For your protection, we may ask you to prove your identity before we answer any requests related to the above items. Note that we may reject a request for certain reasons, including if it is unlawful or if fulfilling the request will infringe a trade secret or other intellectual property or the privacy of another user.

 

7. DATA RETENTION AND ACCOUNT DELETION

You can delete your account in the app by by navigating to Profile > Settings > Delete account. We will remove certain public posts from view and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations. Please note that businesses profiles (PRO and community accounts) cannot remove their information by deleting their accounts. Please remember that even though our systems are designed to comply with the above retention periods, we cannot promise that 100% of the data will always be deleted within these timeframes due to technical constraints.

If you uninstall the app, you can stop all information collection by the app. Please note that this will not delete your account and we retain the unique identifier associated with your device. If you re-install the application on the same mobile device, we will be able to re-associate this identifier to your previous activities.

 

8. CROSS-BORDER DATA TRANSFERS

The sharing of personal data as explained in this Policy may involve the transfer of personal data across border, for instance to the United States and other jurisdictions, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. As an example, where the Service allows for users to be located in the European Economic Area (“EEA”), their personal data is transferred to countries outside of the EEA. We use standard contract clauses approved by the European Commission or another suitable safeguard to permit data transfers from the EEA to other countries. Standard contractual clauses are commitments between companies transferring personal data, binding them to protect the privacy and security of your data.

 

9. SECURITY

We use various safeguards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

We may suspend your use of all or part of the Service without notice if we suspect or detect any breach of security. If you believe that your account or personal data is no longer secure, please notify us immediately at the contact information set out below.

 

10. SERVICE AREA BEYOND OUR CONTROL

Other users: The Service includes user-generated profiles and interactive messaging services. Please remember that any information that is disclosed in these areas may be seen and copied by other users and you should exercise caution when deciding to disclose your personal data.

Third-party websites: The Service may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.

 

11. MODIFICATIONS TO THIS PRIVACY POLICY

We reserve the right, at any time, to add to, change, update, or modify this Policy. The most current version of the Privacy Policy will govern our collection, use, and disclosure of information about you and will be located here. If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on the Service prior to the effective date of the changes. By continuing to access or use the Service after those changes become effective, you acknowledge the revised Privacy Policy.

 

12. HOW TO CONTACT US

You may contact us concerning our Privacy Policy, please write to us at the following address: [email protected] with the subject title "Privacy Policy".