PRIVACY POLICY – FUNMATIC

This privacy policy (“Policy”) details the information we collect when you visit, access or use our websites and mobile applications (individually and collectively, the “Site”) and related products and services, including subscription services, developer platforms, premium services, plug-ins or any content or information provided as part of the Site (together with the Site, the “Services”). The Services currently includes Funmatic (and together with its corporate affiliate Funmatic LLC, “we,” “our” or “us”). This Policy also describes the purposes for which we use such information, the steps we take to protect that information, and your choices regarding such information.

If you are accessing the Service in the European Union and the United Kingdom, then you will have additional rights which we explain in this Policy.

YOUR AGREEMENT TO THIS PRIVACY POLICY

By accessing or otherwise using our Services, you are consenting to the information collection and use practices described in this Policy. You also understand and agree to be bound by the most current version of this Policy.

If you are using the Services on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to consent to this Policy on behalf of such company or other legal entity. To the extent this Policy conflicts with any existing agreement between the company or other legal entity you represent and us, this Policy shall control and supersede such other terms and conditions with regard to the subject matter of this Policy. Additionally, if you are using the Services on behalf of a company or other legal entity, you are nevertheless individually bound by this Policy even if your company has a separate agreement with us. As used in this Policy, “you” and “your” refer to you individually and the company on behalf of which you are agreeing to this Policy.

This Policy is divided into the following sections:

Types of Information We Collect
Ways We Collect Information
Children Under the Age of 18
Cookies and Other Third-Party Tools
Ways We Use Information We Collect
Sharing Information
Transferring Your Personal Data If You Are Outside the United States
Our Legal Bases for Using Your Personal Information
Your Rights and Choices Regarding the Use of Your Personal Information
Amendments to this Privacy Policy
Onward Transfer of Information
Security of Information
Retention of Your Personal Information
Enforcement of this Privacy Policy
Contact Us

Types of Information We Collect

This Policy sets forth our policy regarding information that we collect from and about persons who access, purchase and/or use any products and/or services accessed through or on the Services (“Users”). This information includes personal information and non-personal information.

“Personal information” is any information that specifically can be associated with, identifies or which relates to a person and/or could be used to identify a person (i.e. name, address, email address, telephone number, payment information). It does not include personal information that is encoded or anonymized, or publicly available information that has not been combined with non-public information. If you are using the Services in the European Union and United Kingdom, it may also include additional data that could identify you or be indirectly be linked to you (i.e. your location, the way you use the Services, certain aggregated data).

Certain information we get from your usage of the Services, as described further in the next section.

Ways We Collect Information

We collect information that you provide us, from third parties, and automatically when you use the Services. We also collect information from cookies and other third party tools. We may also collect information about your location.

Information we get automatically from your use of the Services. Certain information is provided to us automatically from your use of the Services, including:

Information about your browser type, language preference, referring site, and the time of each visit.
Information about how you use the Service (e.g. how long you use the Service, when you use the Service).
Information generated from your use of the Services, such as comments, favorites, event registration, event creation and chats.
Information about your approximate location.
Information about you such as your Internet Protocol (IP) addresses, the Uniform Resource Locator (URL) accessed (which may reference the name of a board, card, username, or team), and the unique identification number associated with the account.
Information collected from cookies, which is explained further in the following section.

Information you provide to us directly. We may collect the following personal information:

Account information, such as your name, email address, postal address, telephone number and date of birth, if you choose to sign up for or purchase our Services.
Information you provide when you communicate with us, such as emailing us.
Your email marketing preferences.
Information about your interests, activities and events you are interested in attending.
Information about event pages you create using the Services.
Information obtained through your Facebook, Google or other social network account if you link such account to the Services and authorize us to access such information. The information we collect also depends on your settings and the privacy policy of the third party, so please review what those are.

Information on Your Mobile or Other Device. If you authorize us to do so, we may access data from your mobile or other device, including but not limited to:

Data from your address book;
Data from your calendar;
Data and/or photos from your photo albums;
Data and/or photos from your camera;
Data and/or sound from your microphone.

In each case, we only collect as much information as is necessary or appropriate given the type of interaction. We do not disclose personally identifying information other than as described below. And you can always refuse to supply personally identifying information, with the caveat that it may prevent you from engaging in certain activities or from using the Services.

When we collect your personal information, we’ll tell you how we’re using it, any types of third parties to which we might disclose it, (other than “agents,” such as vendors or contractors, who are only processing such information for us or at our direction), and the choices we offer you to limit the use of your information.

Notice will be provided in clear and conspicuous language when you are first asked to provide us with personal information, or as soon as practicable thereafter, and we will notify you before we use the information for something other than the purpose for which it was originally collected.

Children Under the Lawful Age

The Services are not intended to be used by individuals under the Lawful Age which is defined as: at least 16 years of age (or such greater age if required in Your country) if You are accessing the Services from any Country within the European Economic Area; or at least 13 years of age if You are accessing the Services from countries outside of the European Economic Area (or such greater age if required in Your country). Further, Funmatic does not knowingly collect personal information from children under the age of 13. Please do not provide Funmatic with any personal information if You are under the age of 13. If we learn that we have inadvertently obtained information in violation of applicable laws, we will promptly delete the information. We encourage parents and guardians to closely monitor the internet activity of minors, to encourage them to always obtain parental consent when providing any personal data on the internet, and to help us enforce this Privacy Policy. Please report any suspected violations of this Privacy Policy promptly to us so that we may delete any information obtained in violation of this Privacy Policy.

Cookies and Other Third-Party Tools

We may also receive information through “cookies” and other third-party technologies. A cookie is a small piece of data that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. We use cookies and other tracking technologies (like Google Analytics) to help us recognize your visit and track visitors’ use of and interaction with the Services. We use third-party technologies such as Google Analytics to improve our site and user experience, and have enabled certain features within Google Analytics including their DoubleClick platform, demographic and interest reporting, and a remarketing tool. Some of these features, in particular the remarketing tool, are advertising features.

If you do not wish to have cookies placed on your computer, you should set your browser to refuse cookies, but should be aware that certain features of our Services may not function properly without them. You can also visit the Digital Advertising Alliance and the Network Advertising Initiative pages to opt-out of cookies. To opt-out of third party tracking technologies used on our Services, please do as follows: to opt out of Google Analytics, click here (https://tools.google.com/dlpage/gaoptout).

Ways We Use Information We Collect

Among other things, we may use information about you to:

Allow you to register for our Services and to administer and process the registration;
Verify your identity;
Communicate with you about our products, services and related issues;
Evaluate the quality of our products and services, and to enhance your experience on our web sites;
Maintain and administer our web sites and comply with our legal or internal obligations and policies;
Transfer information to others as described in this policy or to satisfy our legal, regulatory, compliance, or auditing requirements, including to disclose information to law enforcement authorities upon validly served legal process or a valid judicial instruction (for example, pursuant to a court order);
In the case of accounts created using business email domains, to provide your contact information to an administrator of the business email domain to facilitate the provision of additional products and/or services;
To better understand how visitors use the Services and, where possible, to improve their experience;
Estimate our audience size and usage patterns;
Expedite your search queries on our Services;
Store information about your preferences, allowing us to customize our Site and Services according to your individual interests;
Send you updates by email or push notification (depending on your settings) such as event updates, recommendations, comments and chat notifications.
Recognize you when you return to our Services; and
In any other way we may describe when you provide the information and for any other purpose with your consent.

Sharing Information

If you create public events, such event postings and the information provided by you in association with the events will be shared publicly. If you create a private event, event postings and information provided by you in association with the event will be shared with the event invitees. In addition, we may share information with other services (like Facebook or Google) when you decide to link your account to those services or publish your activity to them. For example, you can choose to publish your events to Facebook or Twitter. Similarly, to the extent that you choose to share information with your contacts, we will share the information you request (such as event invitations).

Otherwise, we will not share your personal information with non-agent third parties unless we are required to do so by law, or if we believe in good faith that disclosure is reasonably necessary to protect our property, rights or those of third parties or the public at large. It is possible that we may, on occasion, buy or sell assets from or to other companies. If that should occur, user information is typically one of the assets that gets transferred.

Similarly, if Funmatic LLC or most of its assets were acquired, or in the unlikely event that we go out of business or enter bankruptcy, user information could be transferred or acquired. You should be aware that such events can occur, and that if they do, the buyer may continue to use your personal and non-personal information, but only as set forth in this policy. Other than in these rare circumstances, Funmatic LLC will not rent or sell potentially personally identifying information to anyone.

If you are a registered user of our Services and have supplied your email address, we may occasionally send you an email to tell you about new features, solicit your feedback, or keep you up to date with what’s going on with the Services. If we do send you information that you did not expressly request, we will provide you with a way to request that you don’t get any similar notices (opt-out, unsubscribe, etc.), should you desire not to receive such communications from us.

Funmatic does not collect or process any financial information directly from you. Any financial information required to use the Services or purchase events provided through the Services will be provided directly to the third-party sellers and processors of such financial payment information (i.e. Ticketmaster, Eventbrite, Apple App Store, Google Play Store, etc.). You may be required to provide financial and transactional information (such as your name, credit or debit card number, billing address, expiration date) to these third-parties directly, but such information will not be shared with us, nor do we collect or store such information.

Transferring Your Personal Data If You Are Outside the United States

If you are outside the United States, any personally identifiable information you enter into the Services will be transferred out of your country and into the United States, and possibly to other countries. By using the Services, you consent to such transfer and are representing that you have the right to transfer such information outside your country. If you are accessing our Services from the European Union or United Kingdom, we will comply with applicable data protection laws anytime that we transfer your personal information outside of the European Economic Area (EEA). Some of the ways we will do so are:

Where the transfer of your personal data is to a country that has officially been deemed to provide an adequate level of protection for personal data by the European Commission.
Using the EU Model Clauses, which are specific contracts approved by the European Commission giving personal data the same protection it has in Europe.
Transferring data to US-based providers if they are part of the Privacy Shield, which requires similar protection to personal data shared between the Europe and the US.

Our Legal Bases for Using Your Personal Information

If you are accessing our Services from the European Union and United Kingdom, we must only process your personal information where we have a legal basis to do so. This means that one of the following must apply when we use your personal information:

You have consented to the use of your personal information. You may withdraw your consent at any time.
We need to use your personal information to perform under our contract with you (i.e. providing our Services to you or processing payment for paid services).
It is in our legitimate interests to use your personal information, for example as follows: in connection with our Services; to ensure that our Services are secure; to tell you about changes to our Services; to improve our Services; to tell you about offers or promotions we are running; for business reasons (for example to develop our business or if we are thinking of selling our business); for operational purposes; to tell you about new services or products we are offering.

Your Rights and Choices Regarding the Use of Your Personal Information

We provide a number of choices about how you may control the use, collection and storage of your personal information, and want you to be aware of that you have all of the following rights regarding your personal information:

To “opt-out” of promotional or marketing emails from us.
To have access to any personal information we hold about you.
To ask us not to use your personal information for direct-marketing purposes.
To ask us to erase the personal information we hold about you.
To restrict the way that we process your personal information.
To have a copy of any personal information which we hold about you.
To have your personal information provided to a third-party provider of services.
To link or unlink your account from other services such as Facebook, Twitter, Instagram, Eventbrite, Ticketmaster and others.
To object to our processing of your personal information.
To complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA and Switzerland are available here.

You have the ability to correct, update, modify or delete your personal information by updating your information in the Services. Please note that some information may remain in our records even after you request deletion of your information. Additionally, there may be limits to the amount of information we can practically provide. For example, we may limit an individual’s access to personal information where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy or where doing so would violate others’ rights.

Please contact us using the details below with any questions or requests in regards to any of the above.

Amendments to this Privacy Policy

We may amend this Privacy Policy from time to time by posting a revised version and updating the date in the Change Log below. In the event that we change this policy to permit the collection and sharing of information with a non-agent third party, we will first give you the opportunity to explicitly consent (opt-in) to such disclosure or to any use of the information for a purpose other than the one for which it was originally collected or previously authorized.

Onward Transfer of Information

Prior to providing agents with any personal information, we will obtain assurances that they will safeguard it in accordance with this policy. In the unlikely event that we should discover that an agent is using personal information in a way that conflicts with this policy, we will take all reasonable steps to stop it immediately.

Security of Information

All records containing personal or financial information are considered to be our property and are afforded confidential treatment at all times. We work hard to protect against the unauthorized access, use, alteration or destruction of personal or financial information. All such electronic information is stored on restricted database servers, and is generally kept until such time as you may ask us to edit or delete it, as described below. We only disclose such information to our employees, contractors or affiliates that a) need to know that information in order to process it for us or to provide other services, and b) have agreed not to disclose it to others.

All interactions with our Services use the Transport Layer Security/Secure Sockets Layer (TLS/SSL) protocol. We do not process any payments directly through Funmatic; all payments are processed by third parties when you purchase the Services or events offered on the Services (i.e. Ticketmaster, Eventbrite, Apple Store, Google Play Store directly).

Retention of Your Personal Information

We retain personal information as long as your account is active or as required to provide you with the Services. If you decide to close your account with us or otherwise opt-out from receiving information from us, we will generally delete your personal information, except in certain circumstances such as retaining certain personal information in anonymised or aggregated form about your use of the Services to analyze and improve the Services. We may also retain your personal information in order to protect our legal rights, or those of third party, or to comply with the law.

Enforcement of this Privacy Policy

We will conduct internal audits of our compliance with this privacy policy, including an annual self-assessment. We will take all reasonable measures against any employee found to be in violation of this policy.

XV. Your California Privacy Rights

California Civil Code Section 1798.83 permits customers who are California residents to request certain information regarding our disclosures of personal information to third parties for their direct marketing purposes.

If you have any questions about this policy or our site in general, please contact us.