[vc_row][vc_column][vc_column_text]Terms of Service | Privacy Policy | Copyright | Acceptable Use | Cookie Policy[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
Privacy Policy
Last modified: March 27, 2018
Fangeist LLC (“Fangeist”), respects your privacy and is committed to protecting it through our compliance with this policy. We operate a website located at www.fangeist.com (the “Website”) as well as device and platform-specific applications branded as Fangeist (Website and applications, collectively, “the Service”). As used herein, the words “user,” “you” and “your” mean users of the Service and the words “we,” “us” and “our” mean Fangeist.
This privacy policy (“Privacy Policy”) applies to information we collect on the Website or on the applications on which it is posted or linked. This Privacy Policy, in conjunction with our Terms of Service and Cookie Policy, sets out the information about you and your activities that we collect, gather or otherwise receive when you use the Service and how we use and protect such information. By providing us with your personally identifiable information and other information, you consent to our collection, use and disclosure of such information as described in this Privacy Policy. If you do not want your personally identifiable information or other information used or disclosed in accordance with this Privacy Policy, please stop using the Service, terminate your account and, if applicable, unlink the Service from your social media accounts.
WHEN YOU ACCESS OR USE THE SERVICE, YOU AGREE TO THIS PRIVACY POLICY, INCLUDING THE MANNER IN WHICH WE USE YOUR PERSONAL INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THE PRIVACY POLICY, YOU MUST IMMEDIATELY STOP USING THE SERVICE.
We reserve the right to modify or update the Privacy Policy at any time, with or without prior notice to you, for any reason including, without limitation, as laws and technologies change or we add or discontinue certain services or practices. Any such changes to the Privacy Policy will supersede and replace any previous Privacy Policy effective immediately upon posting to this page. It is your responsibility to periodically review the Privacy Policy as posted here for any changes. Your continued use of the Service after the posting of revisions to the Privacy Policy will constitute your acceptance of such changes. If you have an Account (as defined below), we will notify you of such revision via the email address you have provided. For the avoidance of doubt, you should discontinue using the Service if you do not agree with any changes to the Privacy Policy. This Privacy Policy, in effect as of the Last Modified date listed above, supersedes and replaces any and all Privacy Policies previously in effect.
1.What Personally Identifiable Information Do We Collect?
Personally identifiable information (“Personal Information”) is information that can be used to identify a person (such as name, address, date of birth, mobile phone number or e-mail address). You give us Personal Information when you sign up at www.fangeist.com or via a Fangeist application (creating an “Account”) and/or when you enter or edit your “Profile” or “Account” in the settings associated with your Account (“Settings”) when you are logged-in, or when you engage in other activities, such as completion of online forms or transactions.
If you create an Account through social media service functionality such as Facebook Connect or Instagram or subsequently associate your Account with one or more social media accounts, you are authorizing the relevant social media service to share certain information about you with us, most likely including your user ID, email address, zip code, and friends/followers, depending on your account settings with them.
When you use the Service via a mobile device we may have access to your wireless device information, your location or aspects of your account information. When you use the Service via your computer we may have access to your Internet Protocol address (“IP Address”), browser, operating system or other similar information.
You may review and ask that we correct or delete the Personal Information that you have provided to the Service by e-mailing privacy@Fangeist.com or writing to Fangeist, 244 East 3rd St. #20259, New York, NY 10009. We will send you a copy of such Personal Information we have on file in your Account (if any). You may send us new or updated information at any time.
You may be able to send information to your friends and family members and/or other contacts and social networks through the Service by clicking on your Facebook wall or status, a “Share”, “Like”, “Email”, “Recommend”, “Twitter” or similar button on the Service or, in a message that we have sent you, or by utilizing a particular feature of the Service designed for such purpose. In some of these cases (unless you simply forward our message on your own or circumvent the designated and permitted feature of a particular Service), you may provide the name and e-mail, or other address of your friend, family member or other contact to us. You may also be able to send a notice or other information to another person. If so, you may be required to provide their Personal Information. Such information will be treated in accordance with this Privacy Policy and applicable law. It is your responsibility to make sure that they consent to our use of the information.
2.What Non-Personally Identifiable Information Do We Collect?
Non-personally identifiable information is information that cannot be directly associated with you. For example, we may detect or you may give us your zip code and musical preferences so that we can provide you with tailored information, such as nearby venues and performance dates for artists that you are interested in.
We automatically collect, gather and receive information about your activities on the Service in several ways, including through the use of cookies, web beacons and other technologies. For more information on the use of cookies and similar technologies, click here.
When you interact with the Service, we may also note your search queries, such as what bands and venues you search for, or resources that you access on the Service. We may also automatically collect certain information from your device, browser, Internet connection or operating system such as your IP Address (which we consider non-personally identifiable information for purposes of this Privacy Policy), operating system and browser type, and whether or not your device is jailbroken, as well as the webpages you view right before arriving at, or that you link to when leaving, our Website.
3.How We Use Your Information
You understand and agree that Fangeist is the owner of the information it collects, including your Personal Information. We may use this information for any purpose relating to our business, subject to the prohibitions in this Privacy Policy. Allowed uses include, for example:
- Optimizing your experience with the Service;
- Rewarding or verifying concert attendance;
- Responding to your requests to provide you with e-mail or text notifications relating to artists and concerts; and
- The dissemination of other direct communications from the Service to you, including our newsletter and other offers which we believe may be of interest to you, subject in all cases to your ability to opt-out of promotional communications.
More generally, the information we collect about you, your interests, and your activities helps us to improve the Service and deliver a better and more personalized service to you by enabling us to customize the Service according to your individual interests, estimate our audience size and usage patterns, and speed up your searches.
We may disclose your information, including Personal Information, to the following third-parties in the following circumstances:
- Processors and Service Providers: We may disclose information, subject to the terms of this Privacy Policy, to our contractors and certain other vendors or suppliers who process data on our behalf or assist us in the day-to-day operation of our services, including analytics vendors, customer services providers, and our e-mail and text messaging service providers. We require such parties to use our Personal Information only for the purposes for which it was collected and disclosed.
- Social Networking Services: When you opt to use the Service with social media services, such as Facebook and Instagram, you may instruct us to share information about you and your activities on the Service with these third-party services and their users. For more information about how and under what circumstances we may share your activity with and via social media services, please click here.
- Other: Notwithstanding anything herein to the contrary, Fangeist reserves the right to disclose any Personal Information or other data about you (i) if required to do so by court order, law or legal process, including to respond to any government or regulatory request; (ii) with respect to notices and counter-notices pursuant to our DMCA notice and takedown policy and procedures; (iii) if we believe that such action is necessary to enforce or apply our Terms of Service; and/or (iv) to protect or defend the rights, property, or safety of Fangeist, our users or others.
We may share anonymous aggregated data with others to provide information on our users and usage patterns.
4.Who Else Might Have Access to Your Information on the Service
As you interact with the Service, certain other third-parties may directly receive information about you and your activities. While we make sure these third-parties do not get any of your Personal Information from us without your consent, they may be able to combine information they collect from you regarding your activities on the Service with other information, including Personal Information, they have with respect to you. Please note that we are not responsible for the privacy practices of any such third-parties with regard to the information they directly collect from you, and we recommend you read any of these third-party’s privacy policies to learn more about their practices. Such third parties may include:
- Linked Content: We may provide outbound links to service affiliates, advertisers or other web destinations (“Linked Sites”). We also may provide certain Fangeist partners with inbound links for their use in social media, advertisements and other marketing activities which, when clicked, navigate you to a specific webpage on www.fangeist.com (the locations where these links are placed are also considered Linked Sites). Linked Sites may have access to information about you and your activities including, but not limited to, your IP Address, device ID and operating system, as well as the referring URL on which the relevant link appeared and the URL to which you are sent, either of which may relate directly to a specific artist or concert. For example, in the case of links to ticketing service affiliates, this information may include the name of the artist or concert in which you are interested. Please be aware that the Service may not warn you when you click through to another website from the Service. Please note that any services through which links are facilitated may also have access to similar information as described above.
- Advertisers: To the extent that the Service carries advertising by third parties, the Service uses digital advertising technology companies to deliver the advertising to you. The non-personally identifiable information collected by these companies, for example, about your visits to this and other sites and services is used for the purpose of targeting ads and measuring ad effectiveness on behalf of advertisers and publishers who specifically request it. For additional information on the information that is collected by our digital advertising technology vendors and to know your choices about not having this information used by them, please visit http://www.networkadvertising.org/choices/.
-
-
- Other service providers: The Service may provide you with direct access to functionality from other third parties including: social media services such as Facebook, Instagram and others; content providers such as YouTube; ticketing companies such as Ticketmaster and Ticketfly; music services such as Spotify; and advertisers and advertising service providers. The placement of social media widgets, video players, or advertising units on the Service may permit these third parties to see information about you and your activities via cookies, web beacons and other technologies they place and/or access on your browser or device, even if you do not interact with them. For more information on these technologies, click here. We also utilize an analytics suite for certain reporting data which similarly accesses non-personally identifiable information via these technologies, providers may include segment.com, Google Analytics, Mixpanel, as well as other services that coordinate analytics and communication, such as intercom.io.
-
5.Cookies, Web Beacons, Pixels and Other Ways We Optimize Your Experience
- For information about how we use Cookies, please see our Cookie Policy.
- A web beacon, also called a single-pixel (1×1), clear GIF, or pixel tag, is an electronic image embedded in a webpage or HTML-based e-mail. Web beacons can recognize certain types of information on your computer, such as a cookie number, time and date of a page view, and the webpage where the beacon is placed. No Personal Information is detected by web beacons, but they can help us track online usage patterns of our users and gauge the effectiveness of our activities anonymously by, among other things, enabling us to see whether particular webpages are viewed or e-mails are opened by recipients. While you may not decline web beacons, you may render some web beacons unusable by rejecting their associated cookies. However, if you disable the cookies associated with a beacon, some services may not function properly.
- When you request pages from the Service, our servers may log your IP Address or unique device identifier assigned to your mobile device. Our server may also record the referring page that linked you to us (e.g., another web or mobile site or a search engine); the pages you visit on the Service; the web or mobile site you visit after the Service; the ads you see and/or click on; other information about the type of browser, computer, device, platform, related software and settings you are using; any search terms you have entered on the Service or a referral site; and other usage activity and data logged by our servers. We use this information for internal system administration, to help diagnose problems with our server, to report aggregate information to our advertisers, and to administer the Service. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information. Our servers cannot automatically record your name or e-mail address, but in some cases they may receive such information from third-party platforms and third-party applications or providers, if you are a registered member of the platform or service.
- Other Technologies. Fangeist and its service providers, advertisers, and other third parties, may use other kinds of local storage, such as “flash cookies,” authentication tokens, and HTML5 local storage. Like cookies, these technologies are stored on your computer, albeit in different parts of your device, and perform similar functions. They can also be used to store certain information about your preferences. Your Internet browser may allow you to disable HTML5 or delete information contained in HTML5 local storage by changing your browser setting. Please note that disabling these technologies may interfere with the performance and features of the Service.
6.Social Media and User Generated Content
Sharing on Social Media
You may choose to share information about your activities on the Service with Facebook users, your Instagram followers or other social media connections, for example, including publishing to these platforms that you attended a particular concert.
You may click on a social media share button on the Service which generates content for publication on the relevant social media service. The social media services may make the information you share visible to their users, other users of the Service or your followers. We recommend that you familiarize yourself with the privacy policies of and your account settings on all social media services you use before sharing your activities on their platforms.
User Generated Content
If you have an Account, you may also create lists of artists you like, shows you’ve attended or will attend and other aspects of your interests, which are displayed for public consumption. We may offer message boards or similar public forums where you and other users may post messages. We consider all of the foregoing to be “User Generated Content” and the protections described in this Privacy Policy do not apply when you provide User Generated Content in connection with your use of the Service.
Please note that your user name will be used to identify you with respect to User Generated Content. User Generated Content and any other information you share in a public forum is public information and may be seen or collected by anyone, including third parties who do not adhere to this Privacy Policy. We are not responsible for events arising from the distribution of any information you publicly post or share through the Service.
7.What Anonymous Aggregated Data Is and How We Use It
We may remove data elements, such as an e-mail address, or other Personal Information as previously defined, and summarize or aggregate the remaining information in order to analyze web traffic trends, preferences and activity across the Service (“operational data”). The resulting operational data is no longer considered Personal Information. This operational data may be published or shared by Fangeist with various third parties. If you do not consent to anonymous operational data being shared as described herein, your only remedy is to discontinue using the Service.
8.Special Note Regarding Children Under the Age of 13
The Service is not directed to children under 13 years of age. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not provide any information on the Service or on or through any of its features or register on the Service or otherwise provide any information about yourself to us. Fangeist is not responsible for independently verifying the age of each of its users. Should you, as a user’s parent or legal guardian, become aware that a user who is under the age of 13 has provided Fangeist with Personal Information, please notify us immediately by e-mail at privacy@Fangeist.com or by mail at Fangeist 244 East 3rd St., New York, NY 10009. Fangeist will make reasonable attempts to verify the information provided to us by the parent or guardian is accurate, and if it is determined the user is under the age of 13, the Account will be disabled and any gathered associated information will be deleted from our records.
9.“Do Not Track”
Do Not Track is a voluntary program among Internet advertisers that is intended to give users the ability to opt-out of behavioral targeting and advertising. There are a few ways in which your computer may send a “do not track” signal to certain websites and online services you visit. Fangeist and many or all of its third party services that collect analytics do not currently honor Do Not Track settings. If you do not agree with Fangeist’s policy not to honor Do Not Track, your only remedy is to immediately stop using the Service.
10.How and When We May Contact You and Your Ability to Opt-Out
- We may occasionally contact you directly via e-mail. Specifically, we may send you: notifications about specific concerts or events, if you have indicated that you like the relevant artist or otherwise set an alert to receive such notifications in your Settings; periodic e-mail newsletters; or ad hoc offers and promotions from the Service, including on behalf of our partners. You can opt-out of receiving further e-mail communications from us by clicking the unsubscribe link included at the bottom of any e-mail we send you.
- Please understand that if you opt-out of receiving promotional e-mails, we may still contact you by e-mail in connection with your account with us or to provide you with important information about Fangeist or the Service.
- Fangeist reserves the right to contact you via e-mail and to use your Personal Information in order to respond to a question, comment, or other communication that you may have initiated with us, including but not limited to questions related to this Privacy Policy, and any comment or review you have posted on the Service or in social media. We may also retain a copy of your questions or comments for future reference. We may also periodically contact you to advise you of an update to the Privacy Policy or Terms of Service or in relation to customer service issues.
- In the event that you have approved the sharing of your Personal Information with other individuals or companies, and then request to revoke that consent, that request will only apply as of the date of the request, and we will not be responsible for any communications that you may receive from companies or individuals that received your Personal Information prior to such request. In these cases, please contact that company or individual directly. Further, if you download a third-party game or other application on to your computer or device through the Service, the game or application may continue to send you emails or other messages even after you have cancelled the Service.
11.How We Protect Your Information
Fangeist takes reasonable administrative and electronic measures designed to safeguard and protect your Personal Information from accidental loss or unauthorized access, disclosure, or use. This may include using technologies such as Secure Sockets Layer (SSL) and may include one or more firewalls designed to block access from outside our network. Information we collect may be stored or processed on computers in any country where we do business. Although Fangeist strives to protect your Personal Information and privacy, no security method or firewall can be guaranteed to protect information from hackers or human error, and we therefore expressly disclaim responsibility and/or liability for the loss, theft, destruction or inadvertent disclosure of your Personal Information. In the unfortunate event that your Personal Information is compromised, we may notify you by e-mail at the last e-mail address you have provided to us, in a reasonable time under the circumstances and as required under law. Delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system, as well as at the legitimate request of law enforcement should it be determined that such notification would impede a government investigation.
12.Terminating Your Account
You may terminate your Account at as provided in Terms of Service. click here, to be directed to that provision. Fangeist may retain your Personal Information for a reasonable time after termination, subject to applicable laws. However, Fangeist provides no guarantee that it shall retain your information or preferences, and it reserves the right to delete your information immediately, or at any time, after termination. In accordance with the law, we may retain anonymous data or public data (including user generated content) perpetually. We may also keep certain other data in perpetuity for compliance (e.g., spam, violations of terms), financial (e.g., records of sales or transactions) or legal (e.g., fraud, hacking) reasons.
Please note that Accounts remain active unless affirmatively terminated by the user. Continued use of the Service constitutes permission to continue gathering, aggregating, storing and sharing your Personal Information and other information as described herein.
13.Additional Information
Dispute Resolution
You agree that any dispute or legal action between you and Fangeist regarding this Privacy Policy will be subject to the Dispute Resolution provisions of the Terms of Service, click here, to be directed to those provisions.
California Residents:
A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California Customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.
However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its Privacy Policy) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure or gives customers a mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise the right.
We have opted for this alternative approach. We do not disclose users Personal Information to third parties without the users’ consent, and we give customers a mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. Therefore, we are not required to maintain or disclose a list of third parties that received your Personal Information for marketing purposes.
Our current policy is that we will not disclose your Personal Information to third parties for their direct marketing purposes. In the event that this policy changes, we will provide notice to users, such as the posting of a revised Privacy Policy, and provide a reasonable mechanism for you to opt-out.
International Users:
The Service is an online video service based in the United States, with our servers and offices headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Service may be processed and transferred to, and be subject to the laws of, the United States. The privacy and data protection laws in the United States may not be equivalent to similar laws in your country of residence. By using the Service, or by providing us with your Personal Information, you consent to the collection, transfer, storage, and processing of information to and within the United States. If we detect IP Addresses located in a country outside the United States, we reserve the right to deny access to any and all of our services.
Accuracy:
It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or if you fail to update such information or Personal Information. We may reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy or otherwise inappropriate for the Service.
Your Obligation to Protect Your Password:
You may be able to create an account on the Service with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Service by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Fangeist of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Fangeist when you desire to cancel your account on the Service. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Transfer of Assets:
We may transfer Personal Information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control. We may also use and disclose your Personal Information to parties connected with the contemplated or actual financing, insuring, sale, assignment or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed or continue with such transaction or business relationship or fulfilling any records or other reporting requirements to such parties. Other than to the extent use and disclosure is pursuant to a court order, we will require such parties and successors in interest to treat your Personal Information in accordance with this Privacy Policy.
How to Contact Us with Questions or Concerns:
If you have any questions about this Privacy Policy, please e-mail us at privacy@Fangeist.com or contact us by mail at Fangeist, 244 East 3rd St., New York, NY 10009.[/vc_column_text][/vc_column][/vc_row]