FansCity.org ("FansCity", "us", "we", or "our") has developed this privacy statement to validate our commitment to confidentiality to all Customers who use FansCity's online services ("Services") which consist of Domain Registrations/Transfers/Management, Shared Hosting, Reseller Hosting, Data Backups and any related add-on products.
2. What Personal Data do we collect?
3. How do we collect Personal Data?
FansCity requests and gathers information from our Customers in a few ways. These include online data entry forms when ordering any of our Services, communication with our staffs, as well as other instances where our Customers can volunteer their own private information.
The information collected can include but is not limited to the following:
a. Your identity - This includes your First and Last Name, Company Name (if applicable), Physical Address(es), Email Address(es), IP Address(es), Telephone Number(s), and other billing information such as PayPal's transitions ID's.
b. Your interaction with us - This includes emails you send to us, exchanges you make with us through any of our official social media platforms, and exchanges you make with us through our support ticket system.
c. Identifiable trackers - This includes cookies and other similar means. See our Cookies Policy for detailed information.
d. Non-identifiable trackers - This includes log files and other similar means. Due to their nature, they are not linked to personally identifiable information.
4. Why do we collect Personal Data?
For Delivery Of Service:
We may use your Personal Data for a number of purposes which includes processing your orders, service or support requests, managing and administering your account, delivering any Services or information requested by you, responding to complaints or account enquiries, administering debt recoveries, verifying your identity when required (for example you may have lost your account information or password, and we may need to ask you for other identifiable information in order to protect your data from unauthorised access).
We may also use your Personal Data to conduct fraud check against third party databases such as FraudRecord and MaxMind.
On occasion and on no particular schedule, Customers may receive, via email, details on general newsletter, special offers and marketing-related content, provided they have agreed to receive this type of communication.
5. Disclosure of Data
We do not disclose our Customers' personal information with third parties, with the exception of the following reasons:
a. To provide any of our Services to our Customers
b. To co-operate with law enforcement agencies via legal processes such as current judicial proceedings, court orders and warrants that we determine in our sole discretion to be legitimate and compliable
c. To safeguard the legitimate interests of FansCity and/or our Customers
In some cases, we encrypt, anonymise and aggregate the information before sharing it. "[Anonymising] the information" means we strip the information of personally identifiable features. "[Aggregating] the information" means we present the information in groups or segments (i.e. countries or billing terms).
If you breach our Terms of Service, or if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, we may disclose your information to a relevant authority. Disclosure may include, but is not limited to, exchanging information with other companies and organizations for the purposes of fraud protection and/or credit risk reduction. In particular, we may release the information collected to third parties when we believe that it is appropriate to comply with the law, to enforce our legal rights, to protect the rights and safety of others, or to assist with industry efforts to control fraud, spam or other undesirable conduct.
6. User Choice
Subject to applicable law, you have the choice to and right to limit, deny or restrict our ability to share your Personal Data with third parties or use of your Personal Data for a purpose that is materially different from the purpose for which it was originally collected or authorized by you. In order to exercise your right to choose, please contact us at: firstname.lastname@example.org
Please note, in the absence of any notice to the contrary, you expressly grant us permission to share your Personal Data at our discretion.
7. Integrity and Security of your Personal Data
We recognise that the general public are increasingly concerned about how companies protect personal information from misuse and abuse and about privacy in general. We are committed to protecting our Customers' personal information in a secure manner that complies with legal regulations, therefore we are constantly reviewing and enhancing our technical, physical and managerial procedures and rules to protect our Customers' personal data from unauthorised access, accidental loss and/or destruction.
For example, we use industry standard TLS certificates to provide encryption of data in transit and all access to our websites and management portals are served via the HTTPS protocol and sensitive information such as credit card information are encrypted before being transmitted using Secure Socket Layer (SSL) technology.
We also require for all of our business partners and vendors to provide the same or greater protections for any Personal Data that is disclosed by us in furtherance of our provision of Services to you.
Please be aware that communications over the internet (i.e. emails) are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered - this is the nature of the World Wide Web (WWW). We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
8. Access to your Personal Data
You control access to Personal Data maintained or stored by you via our Client Area for account management. You may update your information at any time.
You may cancel your account at any time and may request that your personal information is deleted from our databases, with the exception of:
a. Cases where a violation of our Terms of Service has resulted in cancellation of your account, in which case personal information may be retained indefinitely for purposes of prevention of further use of our Services in the future by the offending individual
b. Cases where financially fraudulent or otherwise illegal activity is deemed to have occurred (as determined by our management or law enforcement officials), in which case personal information may be retained indefinitely for purposes of ongoing investigation and prevention of fraud recurrence
c. Network access logs, which may be stored for any duration of time at our sole discretion
Upon request, we will grant you reasonable access to Personal Data maintained by us about you. In addition, we will take reasonable steps to correct, amend or delete information that is demonstrated by you to be inaccurate, incomplete or processed in violation of applicable law. Unless required by law, we will not permit you to access the Personal Data of any Data Subject other than yourself.
9. Data Retention
To ensure our legal data protection and privacy obligations are met, we only retain your Personal Data for as long as we actually need it for the purposes we acquired it for in the first place.
We shall keep data on our prospect database for not longer than 3 years from receipt subject to an individual's right to unsubscribe or be forgotten at any time.
Please note that even if you request deletion or erasure of your personal data, we may retain your personal data to the extent necessary and for so long as necessary for our legitimate business interests or performance of contractual obligations.
After the retention period is over, we will securely dispose or anonymise your personal information in order to prevent loss, misuse, theft or unauthorised access.
FansCity communicates with our Customers on different occasions. These communications are classified as follow:
a. Fundamental - This refers to the communication between you and our staffs when you contact us for support assistance relating to your Services.
b. Service Announcements - In some cases, it is necessary for us to send out a strictly service-related announcement. This can range from server-side issues/maintenances, or billing related issues such as suspension due to non-payment, etc. These announcements are not promotional in nature and are in fact essential information relevant to your Services.
c. Newsletter and Special Promotions - On occasions and on no particular schedule, we may release newsletter and special promotions via email. These emails are considered to be marketing related.
Customers whose registration date falls before 25th May 2018 would have received a Policy Update email informing that, unless they had previously opted out of marketing related emails, their continued usage of our Services constitutes their acceptance of continuing to opt in to marketing related emails. For new Customers who registers on or after 25th May 2018, marketing emails would have been set to opt-out by default during the registration process. In order for New Customers to receive marketing related content, they must choose to opt-in by updating their preferences during the registration process or afterwards from within our Client Area. At all times, all Customers have the right to opt out of marketing communications by clicking on the "Unsubscribe" or "Opt-out" link in the marketing emails sent to you, or by updating their preferences from within our Client Area.
11. Sensitive Information
We are not responsible for any sensitive information stored by you on our system and/or Services.
12. Children's Online Privacy Protection
FansCity's Services are not designed for or directed to children under thirteen (13) years of age and we will not intentionally collect or maintain information about anyone under thirteen (13) years of age.
13. Customer's Responsibilities
You will bear sole responsibility for maintaining the integrity of your login information to any of our Services or our Client Area. This information consists of, but is not limited to, usernames and passwords that give access to personal and private information.
You will also bear sole responsibility for maintaining the security of all subscribed Services. You are solely responsible for ensuring compliance with any and all applicable privacy guidelines and regulations for all jurisdictions in which you may operate with respect to appropriate practices for the collection, dissemination and storage of personal information using your subscribed Services with us. Under no circumstances shall we be held liable for your failure to adopt and/or practice appropriate measures for safeguarding personal information stored within or transmitted through our Services.
Links to other websites may be found through our website or during correspondences with our staffs. It is your responsibility to be aware that we cannot control the privacy policies of third parties. We encourage our Customers to be aware when leaving our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement as indicated herein is applicable only to the data collected by FansCity.
14. Dispute Resolution
16. Business Transitions
In the rare event we go through a business transition, such as a merger, being acquired by another company, or selling a portion of our assets, Customers' personal information will, in most instances, be part of the assets transferred.
1. Data Processing Terms
In the course of providing the Services to Customer pursuant to the Terms of Service, FansCity may process Personal Data on behalf of the Customer. FansCity agrees to comply with the following provisions with rest to any Personal Data submitted by or for Customer to FansCity or collected and processed by or for Customer using FansCity's Services.
The following definitions are used in this DPA:
"Affiliate" means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.
"Authorized Affiliate" means any of Customer Affiliate(s) permitted to or otherwise receiving the benefit of the Services pursuant to the Terms of Service.
"Controller" means an entity that determines the purposes and means of the processing of Personal Data.
"Customer Data" means any data that FansCity and/or its Affiliates processes on behalf of Customer in the course of providing the Services under the Terms of Service.
"Data Protection Laws" means all data protection and privacy laws and regulations applicable to the processing of Personal Data under the Terms of Service, including, where applicable, EU Data Protection Law.
"EU Data" means Personal Data under this DPA from the European Union (EU), the European Economic Area (EEA) and/or their member states, Switzerland and/or the United Kingdom.
"EU Data Protection Law" means (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (in each case, as may be amended, superseded or replaced).
"Personal Data" means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under applicable Data Protection Laws.
"Processor" means an entity that processes Personal Data on behalf of the Controller.
"Security Incident" means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Personal Data.
"Sub-processor" means any Processor engaged by FansCity or its Affiliates to assist in fulfilling its obligations with respect to providing the Services pursuant to the Terms of Service or this DPA. Sub-processors may include third parties or any FansCity Affiliate.
2. Scope and Applicability of this DPA
This DPA applies where and only to the extent that FansCity processes Personal Data on behalf of the Customer in the course of providing the Services and such Personal Data is subject to Data Protection Laws of the European Union (EU), the European Economic Area (EEA) and/or their member states, Switzerland and/or the United Kingdom. The parties agree to comply with the terms and conditions in this DPA in connection with such Personal Data.
2.2. Role of the Parties
The Customer is the Controller of Personal Data and FansCity shall process Personal Data only as a Processor on behalf of Customer. Nothing in the Terms of Service or this DPA shall prevent FansCity from using or sharing any data that FansCity would otherwise collect and process independently of Customer's use of the Services.
2.3. Customer's Obligations
The Customer agrees to the following:
(a) The Customer shall comply with his/her obligations as a Controller under EU Data Protection Law in respect of its processing of Personal Data and any processing instructions he/she issues to FansCity.
(b) The Customer has provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for FansCity to process Personal Data and provide the Services pursuant to the Terms of Service and this DPA.
2.4. Processing of Personal Data
As a Processor, FansCity shall process Personal Data only for the following purposes:
(a) To provide the Services in accordance with the Terms of Service
(b) To perform any steps necessary for the performance of the Terms of Service
(c) To comply with any other reasonable instructions provided by the Customer to the extent they are consistent with this DPA and the Terms of Service and only in accordance with the Customer's documented lawful instructions
The parties agree that this DPA and the Terms of Service set out the Customer's complete and final instructions to FansCity in relation to the processing of Personal Data and processing outside the scope of these instructions (if any) shall require prior written agreement between the Customer and FansCity.
2.5. Nature of Data
FansCity handles Customer Data provided by the Customer. Such Customer Data may contain special categories of data dependent on how the Services are being used by the Customer. The Customer Data may be subject to the following activities:
(a) Storage and other processing necessary to improve, provide and maintain the Services provided to the Customer
(b) To provide support to the Customer
(c) Disclosures as required by law or otherwise set forth in the Terms of Service
2.6. Right of Usage and Disclosure
Notwithstanding anything to the contrary in the Terms of Service, inclusive of this DPA, the Customer acknowledges that FansCity shall have the right to use and disclose data relating to and/or obtained in connection with the operation, support and/or use of the Services for its legitimate business purposes, such as account management, billing, technical support and sales and marketing. To the extent any such data is considered personal data under Data Protection Laws, FansCity is the Controller of such data and accordingly shall process such data in compliance with Data Protection Laws.
3.1. Authorized Sub-processors
The Customer agrees that FansCity may engage Sub-processors to process Personal Data on behalf of the Customer's behalf.
3.2. Sub-processor Obligations
(a) Enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Personal Data to the standard required by Data Protection Laws
(b) Remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that may cause FansCity to breach any of its obligations under this DPA
3.3. Changes to Sub-processors
FansCity shall provide the Customer with reasonable advance notice through email if it adds or removes Sub-processors.
3.4. Objection to new appointment of Sub-processors
The Customer may object to FansCity's appointment of a new Sub-processor on reasonable grounds relating to data protection. The Customer must notify FansCity promptly in writing within five (5) calendar days of receipt of FansCity's notice in accordance with Section 3.3. Such notice must explain the reasonable grounds for the objection. In such event, the parties shall discuss such concerns in good faith with a view to achieving commercially reasonable resolution. If this cannot be achieved, either party may terminate the applicable Services that cannot be provided by FansCity without the use of the objected-to-new Sub-processor.
4.1. Security Measures
FansCity shall implement and maintain the appropriate level of technical and organizational security measures in order to protect Personal Data.
4.2. Confidentiality of Processing
FansCity shall ensure that any person who is authorized by FansCity to process Personal Data, including staffs and Sub-processors, shall be under an appropriate obligation of confidentiality, be it a contractual or statutory duty.
4.3. Response to Security Incident
Upon being aware of a Security Incident, FansCity shall notify the Customer without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by the Customer.
4.4. Updates to Security Measures
The Customer acknowledges that the Security Measures are subject to technical development and progress, and that FansCity may update or modify the Security Measures from time to time.
5. International Transfers
5.1. Processing Locations
FansCity stores and processes EU Data in datacenters located inside and outside of the European Union. All other Customer Data may be transferred and processed in Singapore, the United States and anywhere in the world where the Customer, its Affiliates and/or its Sub-processors maintain data processing operations. FansCity shall implement appropriate safeguards to protect the Personal Data, wherever it is processed, in accordance with the requirements of Data Protection Laws.
5.2. Transfer Mechanism
Notwithstanding Section 6.1, to the extent that FansCity processes or transfers, whether directly or via onward transfer, Personal Data under this DPA from the European Union (EU), the European Economic Area (EEA) and/or their member states, Switzerland and/or the United Kingdom in or to countries which do not ensure an adequate level of data protection within the meaning of applicable Data Protection Laws of the foregoing territories, the parties agree that FansCity shall be deemed to provide appropriate safeguards for such data by virtue of having aligned its operational policies with the Personal Data Protection Act (PDPA) 2012 of Singapore and the General Data Protection Regulation (GDPR) of the European Union. The Customer hereby authorises any transfer of EU Data to, or access to EU Data from, such destinations outside the EU subject to any of these measures having been taken.
6.1. Data Retention
Upon deactivation of the Services, FansCity shall keep Personal Data on our prospect database for not longer than 3 years from receipt subject to an individual's right to unsubscribe or be forgotten at any time, save that this requirement shall not apply to the extent FansCity is required by applicable law to retain some or all of the Personal Data, or to Personal Data it has archived on backup systems, which such Personal Data FansCity shall securely isolate and protect from any further processing, except to the extent required by applicable law.
6.2. Data Accessibility
To the extent that Customer is unable to independently access the relevant Personal Data within the Services, FansCity shall, at the Customer's expense, take into account the nature of the processing and provide reasonable cooperation to assist the Customer by appropriate technical and organizational measures, in so far as is possible, to respond to any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Terms of Service. In the event any such request is made directly to FansCity, FansCity shall not respond to such communication directly without Customer's prior authorization, unless legally compelled to do so. If FansCity is required to respond to such a request, FansCity shall promptly notify the Customer and provide a copy of the request unless legally prohibited from doing so.
6.3. Impact Assessment
To the extent that FansCity is required under Data Protection Law, FansCity shall, at Customer's expense, provide reasonably requested information regarding FansCity's processing of Personal Data under the Terms of Service to enable the Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by law.
Except for the changes made by this DPA, the Terms of Service remains unchanged and in full force and effect. If there is any conflict between this DPA and the Terms of Service, this DPA shall prevail to the extent of that conflict.
This DPA is a part of and incorporated into the Terms of Service so references to "Terms of Service" in the Terms of Service shall include this DPA.
Under no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise.
This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Terms of Service, unless required otherwise by Data Protection Laws.