A. What user data does Fantube process?
On visiting the Online Platform
Fantube collects data sent by the internet browser of visitors to the Online Platform, as well as information on browsing behavior. This information consists among other things of the IP address, internet browser specifications and data on browsing behavior such as the date, time and duration of the Online Platform visit, access to the Online Platform (directly, through a link or through a search engine), Artists and Videos viewed and search terms used.
If you use our mobile Online Platform or mobile applications, Fantube will also collect your mobile advertising ID number (AAID or IDFA). You can reset these numbers. For an explanation on how to do this, visit the Online Platforms of Google and Apple. You can also enable Limit Ad Tracking for Apple and select Opt Out of Interest-Based Ads for Google.
In your Account
In order to make the best possible use of the Service, you have to create an Account. To do this, you need to choose and enter a username and password and enter an email address. Users can also create a Fantube Account with a social media account, such as facebook. Fantube will then receive certain information from that social media account, such as the username. In addition, in order to verify your identity and perform our Services, we will ask you to provide certain information, such as your name, gender, email address, telephone number, address and, if applicable, the Chamber of Commerce and VAT number of your company. You can change this information in your Account and add further information if necessary at any time. When you start using the Service, certain data will be kept in your Account, such as Artists updates, orders, feedback on Videos, delivered Videos. You can view this information through your Account.
When using the service
In order to enable you to issue bids in Auctions, you will have to create a specific user name. This name is visible in bids on the Online Platform. We keep records of transaction and payment data related to Purchased Videos and payments through or to Fantube. This may be more extensive than the concise overviews in your Account. Fantube keeps interest profiles, qualifications and characteristics of Users, such as whether or not bank details has been verified, type of User (Buyer or Artist, Commercial Artist or Consumer) and location.
Fantube stores correspondence, for example if you contact Fantube by email or telephone, including recordings of telephone conversations. This also includes any notifications Fantube receives from or about Users or their Video.
B. For what purpose does Fantube process your data?
Provision of the Service
Fantube processes personal data firstly in order to provide the Service, and to ensure that Users can buy or win Videos from Artists and Artists can sell Videos to Users. Fantube also processes personal data in this regard for:
(i) Arranging payments to and via Fantube;
(iii) Verifying identity and bank accounts and checks for the Online Auction;
(iv) Accounts and internal administration;
(v) Improvement of our Services; and
(vi) Displaying the Online Platform in a format that is in keeping with your internet browser and the device you use.
Marketing and communication
Fantube also processes personal data for marketing and communication purposes, such as for:
(i) Drawing up anonymized statistical information that we use for target group and market analysis and for improving navigation on the Online Platform;
(ii) Your and our use of social media, implementation of the Fantube affiliate program, promotions where you can invite your friends and other marketing promotions;
(iii) Showing suggestions (such as interesting Artists and/or Videos) and targeted advertisements;
(iv) Offering extra services and benefits;
(v) Informing Users about products, events, offers and promotions from Fantube; and
(vi) Maintaining contact, for example by sending newsletters (or news Videos), via telephone or SMS or for answering questions.
Irregularities and statutory duties
We take account of the risks and statutory obligations associated with our Online Platform and the Service. In the context, we may use personal data for:
(i) Securing the Online Platform and the Service;
(ii) Preventing, tracing and countering fraud or any other unlawful use of the Online Platform or Service;
(iii) The registration, mediation and resolution of disputes, including the handling of notifications of irregularities; and
(iv) Compliance with statutory obligations, such as requirements to keep records, but also any duties in the context of criminal or other investigations by the competent authorities.
Fantube Terms and Conditions
Fantube may also process personal data for the implementation and enforcement of its Terms and Conditions. For instance, when:
(i) Checking whether Users can comply with their payment obligations as well as checking all of the facts and factors that are important for the responsible conclusion and/or execution of the agreement;
(ii) Removing, reducing or changing User Material on the Online Platform;
(iii) Using User Material for promotional, filing or other purposes, in accordance with the license acquired in the Terms and Conditions; and
(iv) Taking measures connected to actions that are conflict with the Terms and Conditions.
C. When will data be provided to third parties?
Fantube treats the security and method of processing Users Personal Information very seriously, and Fantube will never sell Users Personal Information under any circumstances. However, we may disclose your Personal Information to selected third parties in the following situations:
-to facilitate Fantube’s business, including, by way of example only, sending email communications;
-if Fantube sells any Video’s in which case Fantube may disclose Users Personal Information to the Artist;
-if we are under a duty to disclose or share your Personal Data to comply with any legal obligation or in order to enforce or apply our terms and conditions and other agreements or protect the rights, property, or safety of Fantube’s Customers, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.
Users of the Online Platform (such as Artists) may also have a public profile that other Users can see. You can view and manage the relevant data through the profile in your Account. Fantube may share the email addresses of users who follow a certain Artist with that specific Artist. The Artist may use these email address for marketing purposes
We may also engage processors. These are third parties that perform services for us and, in that context, also process personal data, such as for sending mailingshots or securing the Online Platform. Processors have a duty to maintain confidentiality and may only use personal data for providing services to Fantube.
In the future, Fantube may transfer one or more components or assets to a third party or merge them with a third party. In that case, we may also be required to transfer your personal data.
We may also disclose personal data to third parties:
(i) If required for realizing agreements concluded between you and other Users;
(ii) If you have given your specific consent for that or if we feel obliged to do so;
(iii) To comply with statutory obligations or court orders;
(iv) To enforce performance of the Fantube Terms and Conditions; or
(v) If User Material is manifestly unlawful towards the third parties in question.
Fantube shares User data, such as email address and name, with specific Artists, Management and/or Charities. Fantube will only share User data with an Artist, Management and/or Charity in case: a User is subscribed to that Artist on the Online Platform, the User has received a video from that Artist on the Online Platform, the User has bid on the auction of the artist, the User participated once with an video lottery of that artist. The Artist, Management and/or Charity may use this data for own promotion and or marketing purposes.
Third parties to whom Fantube provides your data may be located outside the European Economic Area or they may use servers that are located outside the European Economic Area. The level of the right to protection of personal data may be lower in those countries than in the European Economic Area. By using Fantube’s services, Users give their permission for personal data to be transferred outside of the European Economic Area.
Please note: by posting any Personal Information in any publicly accessible area of the Online Platform , such information may be collected by third parties over which Fantube has no control. Please exercise all due care and consideration before disclosing any Personal Information our Video that will be disclosed on public areas.
Our policy on Cookies
In common with other commercial websites, our Website and Apps utilise a standard technology called “cookies” (see explanation below, “What Is A Cookie?”) and web server logs to collect information about how our Online Platform is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at our Online Platform, and the websites and apps visited just before and just after our Online Platform.
-make the Online Platform work as efficiently as possible.
-facilitate transactions and administer services to Users and Artists on the Online Platform.
What is a cookie?
How do we use information we collect from cookies?
As you browse our Online Platform, the site uses its cookies to differentiate you from other Users to prevent you from seeing unnecessary advertisements or requiring you to log in more often than is necessary. Cookies, in conjunction with our web server’s log files, allow us to calculate the aggregate number of people visiting our Online Platform and to determine which parts of the Website and Apps are most popular. This helps Fantube to gather feedback to constantly improve our Online Platform and better serve Fantube’s Users. Cookies do not allow Fantube to gather any Personal Information about a User and we do not generally store any Personal Information that the User provided to Fantube in your cookies.
Third Party Cookies
-generic, aggregated or anonymised data relating to Users visits and use of the Online Platform, but Fantube will not disclose any of Users Personal Information which identifies the User or from which the User may be identifiable i.e. Fantube will not disclose Users contact details such as Users email address, name, address or telephone number; or
-information in a pseudonymised form such as a browser cookie ID / code or cryptographic hash of Users email address to help Fantube tailor and display Fantube’s ads to Users on other services. This ID or code is matched against Users equivalent unique code similarly generated by Fantube’s ad partners to tailor advertising to Users.
The third party companies that generate these cookies have their own, very strict, privacy policies but Fantube does not have access to these cookies; other than allowing them to be served, Fantube has no role to play in these cookies at all (although Fantube may use statistical information arising from these third party cookies and provided to Fantube by third parties, to improve the Online Platform.
Fantube may use Facebook services to deliver Fantube’s ads to Users during Users browsing experience/ whilst Users are online. Users can not control how Facebook uses data to show Users ads by turning off ads which may be based on interests and / or Users relationship with specific advertisers, in Users ad preference settings. For further information, please visit the various Facebook pages which allow Users to learn more about Facebook ads and cookies and to update your settings:
Further, by visiting the links above, Users can opt out from seeing Facebook’s interest-based ads and Users can also use their mobile device settings to configure their advertising preferences.
On Users Facebook ad preferences, the User will see that ads may be delivered to User according to ‘interests’ or specific advertisers and Users can manage their ad preference settings for both of these.
If Users have opted out of receiving Fantube’s marketing communications when they register at Fantube, when making an order, or when subscribing to an Artist, we will not share your details with Facebook in a pseudomnyised form and Fantube will not appear as a named advertiser in Users settings. Please note however that where Users have opted out of receiving Fantube’s marketing communications via the methods described above, Users may still see Fantube’s non-targeted adverts whilst Users are online if their interests settings on Facebook are aligned to an audience segment (pre-defined by Facebook) which Fantube’s business is also associated with. Fantube does not control whether these ads are displayed to Users. Please see the relevant links above for details on how to learn more and manage Facebook ad settings. Further, to learn more about adverts which are displayed to Users whilst they are online, please consult the applicable website’s privacy and cookies policy in the links above.
How do I remove or block cookies?
Most browsers allow Users to remove any cookies and/or block any new cookies being set. To turn off cookies, look at the “help” menu on Users browser. However, please note, that switching off cookies may restrict Users use of the Online Platform and/or delay or affect the way in which they operate.
D. What should you do in case of a privacy violation?
Fantube has a procedure for reporting unlawful activity to Fantube. You can also notify us here if you identify a violation of your privacy on the Online Platform. Fantube respects and protects the privacy of anyone who makes a report or is the subject of a report. Personal data provided to Fantube in the context of a report will always be treated in confidence and will only be used for handling the report.
E. What will happen to your personal data if your Account is removed?
When you or Fantube remove(s) your Account, Fantube will permanently remove all your personal data. This does not include data that Fantube is required to store for longer periods in accordance with statutory retention obligations or that are processed by other Users, or User Material that Fantube intends to use again in accordance with the license issued in the Terms and Conditions.
F. Can you view, correct or delete your data?
You have the right to request your data for inspection. If this shows that Fantube has processed incorrect personal data or has processed personal data it should not process, you have the right to request that Fantube correct, supplement or delete the data. You can send any such requests to Fantube using the contact details below. Fantube will respond to your request as soon as possible and, if there is reason to do so, will correct, supplement or delete your data as soon as possible.