FanFunded, LLC Privacy Policy

Fanfunded, LLC (“we” or “us”) values our Athletes and Users and respects their privacy. This Privacy Policy governs the collection and use of data in connection with our website (the “Site”), our applications, and any services we offer (collectively, the “Services”). This Privacy Policy sets forth the nature, purpose, use and sharing of any information that identifies or can be used to identify the various users of the Services. Use of Services confirms consent to this Privacy Policy and the collection and processing of Personal Information in accordance with these terms.

I. FANFUNDED MESSAGES.

FanFunded will occasionally need to contact Fans and Athletes (“Users”). Primarily, these messages are delivered by email, SMS Messages, social media Direct Messaging, or by push notifications for a variety of reasons, including service updates, marketing, and potential transactions. If a User no longer wishes to receive push notifications, they can be disabled at the device level. Users can opt out of receiving any marketing-specific communications via email or Messages in account settings or by sending an email to support@fanfunded.com. Every User is required to keep a valid email address and/or SMS Messaging phone number on file to receive Service-specific messages and may choose which method of contact is preferred. If a User chooses SMS Messages and opts out of receipt of messages at any point, Service updates will be sent via the email address on file instead. Users can update contact preferences in their account settings.

Messages from FanFunded are service-related and necessary for Users. You understand and agree that FanFunded can send you non-marketing emails, Messages, or SMS messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an offer, additional service availability, modification of key features or functions, and correspondence with FanFunded’s Support team (including by chat interface or the other methods of communication as described above).

When you register for an account, you receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages. Please note that some changes to your account settings may take a few days to take effect.

II. INFORMATION COLLECTED.

To perform our obligations to Users, we must collect a fair amount of information, including name, address, phone number, date of birth, brand information such as company name and business category, email address, credit card or bank information and other information requested as part of using the Site or the Services (“Personal Information”). Personal Information is used in accordance with the Terms of Use and this Privacy Policy. Personal Information shall specifically exclude any educational or student records as defined within “FERPA” including but not limited to grades, transcripts, class lists, course schedules, student financial information and student discipline files which we will not collect at any time for any purpose. However, we may collect any or all the following publicly available information: an Athlete’s name, school, sport, position, jersey number, and class year (“Directory Information”). Additionally, certain information which may identify an individual such as a User’s IP address and Session ID is automatically collected solely to help prevent fraud and abuse of our Services as well as to provide a consistent and relevant experience for Users (this information together with Directory Information may be referred to as “Non-Personal Information”).

III. HOW COLLECTED INFORMATION IS USED.

Except as otherwise noted in this Privacy Policy, Personal Information, and Non-Personal Information of Users may be collected for internal purposes only. A User’s Personal Information may be utilized to provide the Services, or for legitimate business interests to the extent those interests do not outweigh any User’s privacy rights. For example, Personal Information may be used to:

• Verify your identity and eligibility to use the App as an Athlete or a Fan.
• Process transactions to complete Services requested by Users.
• Conduct routine business operations in furtherance of legitimate business interests such as billing, identification, authentication, contact purposes and general research. As part of routine business operations, Personal Information may be transferred to certain third parties with whom we contract for the limited purpose of providing services such as web hosting, email, and credit card processing. These service providers are contractually required to protect User information within the highest acceptable business industry standards and to abide by all Privacy Policies in the protection of that information including but not limited to those terms as outlined here.
• Disclose to an Athlete’s institution, deals completed or offered to an Athlete as required by institution policy, conference policy, NCAA policy or state legislation. An institution may use this information to ask pertinent questions regarding the requirements of the Athlete and/or the product that is being pitched.
• Help prevent fraud and help protect the security of User accounts.
• As necessary to exercise or defend our rights to comply with applicable law or orders from law enforcement and other governmental authorities.

IV. THIRD PARTIES.

To achieve the tasks set out herein, the following subprocessors and/or third-party sites (“Third Parties”) may be used. When such Third Parties are used, Users are subject to each of their privacy policies, which policies we consider to be at least as strict as ours. FanFunded shall not have any responsibility for any misuse or use contrary to the published privacy practices by any of these Third Parties, and it is up to the User to assure they read and understand each policy. Third-party sites may be used solely to further enhance the User experience on the site and the mobile app. Any User who wishes to opt out of the use of any of these third-party sites may do so by following the instructions from the applicable Third-Party. Users should be aware that if they opt out of any of the Third Parties, we may not be able to fully provide Services and their experience on the site may suffer.

V. COOKIE POLICY.

To improve Services and provide more convenient, relevant experiences to Users, FanFunded and its agents may use “cookies” to track User activities. A cookie is a small amount of data that is transferred to the browser by a web server and can only be read by the server that deposited it. It functions as an identification card and enables the saving of passwords and preferences. It cannot be executed as code or deliver viruses. A web beacon is a small transparent .gif image that is embedded in an HTML page or email used to track when the page or email has been viewed. Most browsers are initially set to accept cookies, and most services that include similar devices are typically initially activated to collect data. Browsers can be set to notify Users when they receive a cookie, giving Users the chance to decide whether to accept it. We do not support browsers’ Do Not Track features. Users can enable or disable Do Not Track by visiting the preferences or settings page of the User’s browser, keeping in mind that disabling these devices may make Services fail to work as expected.

VI. STORAGE AND PROTECTION OF PERSONAL INFORMATION.

FanFunded collects and uses Personal Information only for the purposes for which it was collected and in accordance with this Policy. We review our data collection, storage, and processing practices to ensure that we only collect, store, and process the Personal Information needed to provide or improve our services. We take reasonable steps to ensure that the Personal Information we process is accurate, complete, and current, but we depend on Users to update or correct their Personal Information whenever necessary.

We store the Personal Information collected only as long as it is necessary to comply with any contractual, legal, and/or ethical obligations. We will delete the Personal Information of any User upon their reasonable request.

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of all data and information collected by us. These include secure servers and processing equipment, internal reviews of data collection, storage, and processing practices, and introducing security measures, including but not limited to, physical security measures, to guard against unauthorized access to systems where we store personal data.

Access to Personal Information is restricted to FanFunded employees, service providers and agents who need to know that information to operate, develop or improve Services. All individuals with such access to Personal Information are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. However, no method of transmission of information, or method of electronic storage, is 100% secure. Therefore, while we strive to protect all Personal Information, we cannot guarantee its absolute security. IN NO EVENT WILL FANFUNDED OR ITS SUBSIDIARIES, AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING SERVICES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF UNAUTHORIZED ACCESS TO THE PERSONAL INFORMATION COLLECTED BY FANFUNDED IN THE PROVISION OF THE SERVICES.

VII. USER’S RIGHTS.

FanFunded is fully committed to respecting the rights and wishes of Users as they pertain to any information collected, including by complying with relevant data privacy laws and regulations as detailed below. We constantly weigh business needs and the legitimate privacy interests of Users and do not engage in business activities in which Users’ interests outweigh ours. If Users have any questions or concerns about the use of Personal Information or Non-Personal Information, Users are encouraged to contact us at support@fanfunded.com.

Users are responsible for updating us on any name, e-mail or postal address, telephone number or other Personal Information changes by contacting us at support@fanfunded.com. Similarly, Users may decline to receive newsletters or other marketing materials from FanFunded by unsubscribing from any items or submitting a request directly to support@fanfunded.com. All Users can mute notifications from the App in their profile settings.

Users’ rights include: the Right to Access, entitling a User to view a record of the information FanFunded has collected on the User in a readable format; the Right to be Forgotten, entitling the User to the ability to request at any time that Fanfunded delete all of the User’s Personal Information; and the Right to Opt Out, entitling the User to the ability to request that FanFunded stop collecting Personal Information at any time, or using it in a particular way.

If a User chooses to exercise any of the rights listed herein, that User will not be discriminated against in our pricing or otherwise in the provision of Services. However, if Users elect to have us remove their information from the system, we will not be able to provide Services to that User anymore.

VIII. ONLINE PRIVACY POLICY.

This online privacy policy applies only to information collected through the App and Services and not to information collected offline. This Privacy Policy operates in conjunction with our Terms of Use, which detail restrictions on the use of the Services as well as our warranties and limited liabilities related to the use of the Services.

IX. PRIVACY POLICY UPDATES AND EFFECTIVE DATES.

Occasionally, we may update this privacy statement, which we are free to do at any time, without notice. We will notify you, however, about material changes by either sending an email message to the email address you most recently provided to us or by prominently posting a notice on our site. We encourage you to periodically check back and review this statement so that you always will know what information we collect, how we use it, and with whom we share it.

The Privacy Statement posted on this site was updated October 11, 2023.

X. GOVERNING LAW.

The terms of this Privacy Policy are governed by and in accordance with the laws of the state of Ohio. Users should not provide us with any Personal Information unless they consent to the application of United States law and, where applicable, Ohio law, and to the use and disclosure of information in accordance with the terms of this Privacy Policy.

4884-3751-6166, v. 3