Famer App

Privacy Policy

Last Revised: October 15, 2018

Famous NYC Inc., (“Company”, “we” or “Famous”) respects the privacy of the users of the App (“User” or “you”) and is committed to protect the User's information. We believe that you have a right to know our practices regarding the information we may collect and use when you use our App.

Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our terms of use available at: https://www.famer.us/terms ("TOU"), into which this Privacy Policy is incorporated thereto by reference.

 

01/Your consent (important, please read carefully!)

BY ENTERING, CONNECTING TO, ACCESSING OR USING THE APP, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY, INCLUDING TO THE POSSIBLE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION AS SPECIFIED HEREIN. PLEASE NOTE: IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE APP IN ANY MANNER, DO NOT INSTALL THE APP AND/OR PROMPTLY UNINSTALL THE APP FROM YOUR MOBILE DEVICE

02/Which information we may collect on our Users?

We may collect two types of data and information from our Users:

 

a. The first type of information is non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from whom we have collected the Non-personal Information. Non-Personal Information is any unconcealed information which does not enable identification of an individual User, and which is available to us when such User installs and/or uses our App. Non-personal Information which is being gathered consists of technical information, behavioral information and aggregated information, and may contain, among other things, the activity of the User on the App, type of operating system, device type, User's 'click-stream' on the App, keyboard language, screen resolution, time spent on various screens of the App, etc.

 

b. The second type of information is individually identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature.

  • We gather the Users' IP address (or Mac Address, as applicable) mainly to detect anomalies for enhancing the User’s experience and security purposes (i.e., in order to safeguard our App).

  • In addition, Personal Information which is being gathered consists of any personal details provided consciously and voluntarily by the User:

  • Personal Information is collected from the details the Users provide in the "player card" form available on the App, which includes, inter alia, name, email address, password, phone number, gender, date of birth, sport preferences, skills, dominant hand or foot, height, and profile image. Additional information may be requested in the future.

  • You may sign-up to the App by providing a cell phone number and receiving a verification code you will be required to enter in order to start filling the player card. Alternatively, you may sign-up to the App via one of your existing Third-Party Services accounts (e.g. Google+, LinkedIn, Facebook, Instagram etc.). When you sign-up to the App through such existing third-party account, then such third-party accounts provide us with access to certain information, which is detailed and displayed to you in the notice which appears during the integration process, which may include your name, email address, profile photo and user-id on such account. Please read carefully such notice in order to understand what information is made available to us via your third-party accounts. We may collect your login information and other relevant information necessary to enable us to access your third-party accounts in order to collect the above mentioned information. We may store the above-mentioned information (or any part of it), in order to achieve the purposes set forth herein. Please remember that the manner in which third-party accounts use, store or disclose your information is governed solely by their policies and we will have no liability or responsibility for the privacy practices or other actions of such third parties. If you do not agree to these practices please do not use third-party accounts in order to use our App. You hereby agree that such information will be stored even after the linkage to your third-party accounts expires, for any reason.

  • To the extent that you purchase a Premium Account to the App, you will have the option to use certain Online Payment Processors which will require you to fill out a billing form wherein you will be required to provide to such Online Payment Processors certain Personal Information (such as, a credit card number and other related billing information) (see Section 6 below regarding the payment method). We will not store such information on our servers. We only keep token information such Online Payment Processors provide us with (and where applicable, the last four digits of your credit card number), and such information is strictly secured.

  • Personal Information is collected from the details that the User may provide in the scope of the User Generated Content (e.g. Personal Information which is included in comments or videos that Users may upload to the App).

  • Personal Information may be collected from the details the User may provide us while contacting us via the support e-mail available on the App or by sending us an email.

  • For avoidance of doubt, any Non-personal Information connected or linked to or associated with any Personal Information shall be deemed as Personal Information as long as such connection, linkage or association exists.

We do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your acceptance of the TOU and the Privacy Policy.

03/How Do We Collect Information on our Users?

There are two main methods that we use:

a. We collect information through your entry, connection, access and/or use of the App. In other words, when you are using the App, we are aware of it and may gather, collect and store the information relating to such usage (such as the Non-personal Information detailed above and your IP address), either independently or through the help of our authorized third-party service providers as detailed below.

 

b. We collect information which you provide us voluntarily. For example, we collect Personal Information when you register and open an Account or when you create and/or upload User Generated Content via the App.

04/What are the Purposes of the Collection of Information?

 

Non-personal Information is collected in order to:

  • Use it for statistical, analytical and research purposes and for customization, developing and improvement of our App.  

  • Enhance the User's experience while using the App.

 

Personal Information is collected in order to:

  • Operate the App (including allowing Users to upload User Generated Content, etc.).

  • To verify the User's identity when he/she signs in to the App.

  • Personalize and enhance the Users experience while using the App.

  • Respond to your inquiry.

  • Provide the Users with commercial materials, updates about Famous' developments, new offerings, news regarding the App and other services/products that may be of an interest to you, etc.

  • Enable payment through third party Online Payment Processors. Please note that we do not collect and store credit card or other financial information.

  • Be able to contact Users for marketing purposes and provide them with technical assistance.

  • Enable the User to use social features.

  • Allow Users to register for special offers, contests or premium services.

  • Determine general geolocation information (i.e., country) from which the User's computer is connected to the Internet in order for us to know the general location of our App's Users as well as in order to safeguard our App.

05/Sharing Information with Third Parties

Famous will not share any Personal Information it collects with any third party, other than in the extreme circumstances as follows: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy and/or the TOU, including investigation of potential violations thereof; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (e) to protect the rights, property, or personal safety of the Company, its Users or the general public; (f) by virtue of undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of the assets of Company, so long as such acquirer maintains the same privacy terms hereunder; (g) pursuant to your explicit approval prior to the disclosure; or (h) to your Trainer. Note, that we collect, hold and/or manage your Personal Information through Famous' authorized third parties vendors of certain products or services (such as hosting cloud services) (including, as applicable, their affiliates) solely and limited to providing us with such requested services, and not for any other purposes.  Such vendors may be located in a country that does not have the same data protection laws as your jurisdiction.

For avoidance of doubt, Famous may transfer and disclose Non-personal Information to third parties at its discretion including without limitation for statistical, analytical and research purposes and for customization, developing and improvement of our App.

06/Payment

We accept certain online payment methods, using our Online Payment Processors, which enable Users to send and receive payments securely online using a credit card or bank account. We may add or change the Online Payment Processors at our sole discretion. Famous is not affiliated with such Online Payment Processors (for more information see our TOU), as each is an independent contractor, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The use of the Online Payment Processors is at the User's discretion and sole liability and risk. It is the User's responsibility to abide by all the terms specified by the Online Payment Processors in their terms of use and privacy policies, including but not limited to any age restrictions specified therein. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Processors.

07/Social Features

Our App includes social media features, such as Facebook share button (“Social Features”). The Social Features are operated or allow for social integration with certain third party social networks or third party platforms ("Social Network"). These Social Networks and platforms are created and maintained by third parties who are not affiliated with and/or controlled by Famous. If you enable this integration with such Social Networks, your use of the Social Features is subject to the applicable third party Social Network’s terms of use and privacy policies. You should ensure that you read their terms of use and privacy policies to understand how they treat your information and in order to understand the methods for changing the privacy or sharing settings on such services. If you do not agree to the practices described in such terms you should not allow the Platform to interact with such Social Networks, however you may find that you are not able to enjoy all the features that may be made available via the Platform. You understand that where you allow interaction with any third party Social Network, we may share data about you with your contacts (and vice versa) in order that you may enjoy social elements. This data may include, without limitation, your name and your social media profile picture. By using the Social Features you hereby agree and understand that the applicable Social Networks may collect certain Personal Information, such as your IP address, Non-personal Information and may set cookies and/or other web tracking technologies to enable the functionality of the Social Features. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the Social Features. You hereby understand and agree that when you share content from Social Networks that your content may become public and others may re-post-it.

08/Profile Information Displayed

Your Account configuration allows you to display to other visitors and Users of the App the information contained in your user profile (which may include your Personal Information, such as your mobile phone number).

09/Third Party Service Providers

While using the App we may be using third party service providers, who may collect, store and/or process the information detailed herein. Famous uses commercially reasonable efforts to engage with third parties that post a privacy policy governing their collection, processing and use of non-personal and personal information. Such software may include without limitation:

Please read such third party service providers' terms of use and privacy policies to understand their privacy practices.

10/Minors

The App is intended for Users over the age of thirteen (13). Therefore, Famous does not intend and does not knowingly collect directly Personal Information from children under the age of thirteen (13) and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of thirteen (13) are not using the App.

11/Direct Marketing

You hereby agree that we may use your contact details you provided us with (including, without limitation, e-mail address and phone number) for the purpose of providing you commercial and/or non-commercial materials related to our current and/or future products and services. You may withdraw your consent by sending a written notice to Famous' e-mail address that appears in the App or alternatively follow the instructions for removing yourself from the mailing list which are available in the message transmitted to you.

12/Cookies & Local Storage

When you access or use the App, we and/or our third party service providers may use industry-wide technologies such as User persistent identifiers (or other similar technologies), which store certain local information on your device ("Local Storage") which may enable, inter alia, automatic activation of certain features and make the User’s App experience and usage simpler, more relevant, convenient and effortless. Such information is locally stored in the User's device. Famous and/or our authorized third party service providers may access such information. Famous and/or our authorized third party service providers may use both session cookies (which expire once you close the App) and persistent cookies (which stay on the User’s device until he/she deletes them). Such Local Storage used by the App may store non-personal information (such as the different pages viewed by a User within the App) as well as User persistent identifier, which will be collected in accordance with the terms specified herein. It is easy to prohibit and/or delete the Local Storage, inter alia, through the Settings option of your web-browser. Most browsers will allow you to erase cookies from a device, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, or change the settings of your browser, your App experience may be affected and may be limited.

Please note that Famous uses Mixpanel as a service provider in order to track Users' activities on the App, including by use Mixpanels' persistent cookies. You may opt-out of Mixpanel's tracking by following the instructions on the following link: https://mixpanel.com/optout/

13/Deletion or Modification of Personal Information

IF YOU ARE A RESIDENT OF CALIFORNIA, PLEASE NOTE THAT YOU HAVE THE RIGHT TO (1) REQUEST ACCESS AND/OR DELETION OF YOUR PERSONAL INFORMATION. UPON RECEIPT OF A VERIFIABLE REQUEST, AND SUBJECT TO OUR RIGHTS TO RETAIN THE DATA IF REQUIRED UNDER APPLICABLE LAWS, WE SHALL DELETE SUCH PERSONAL INFORMATION FROM OUR RECORDS, AND DIRECT ANY SERVICE PROVIDER TO DELETE YOUR PERSONAL INFORMATION FROM THEIR RECORDS; (2) REQUEST TO RECEIVE INFORMATION REGARDING THE CATEGORIES OF DATA THAT ARE DISCLOSED TO OUR AUTHORIZED SERVICE PROVIDERS DETAILED BELOW; AND (3) RECEIVE EQUAL SERVICES AND NOT BE DISCRIMINATED DUE TO EXCERSISING YOUR RIGHTS UNDER APPLICABLE LAWS. PLEASE NOTE, THAT SUCH REQUESTS WILL NOT BE FULFILLED, UNDER CERTAIN CIRCUMSTANCES, ALL SUBJECT TO APPLICABLE LAWS.

**********PLEASE NOTE THAT WE DO NOT SELL YOUR PERSONAL INFORMATION TO THIRD PARTIES**************

Your data is yours. If for any reason you wish to delete, access or modify your Personal Information you can do so within the App. In the event that you wish to cancel your Account you may close your Account using the settings or you can send us an e-mail of your request to: info@famer.us, and we will close your Account and delete any Personal Information therein pursuant to any applicable privacy laws. In the event that you wish to modify or delete the Personal Information you provided us via the App you can send us an e-mail of your request to: info@famer.us, and we will modify or delete your Personal Information pursuant to any applicable privacy laws. We will retain and use your Personal Information for a reasonable time after termination as necessary to comply with our legal or business requirements or obligations (including as required by applicable law), to resolve disputes, to enforce our Terms and/or to enable the User to reinstate his/her Account. Aggregate and/or anonymous data derived from your Account information or from your use of the App may remain on Famous servers indefinitely. Note that unless you instruct us otherwise we may retain your Personal Information for as long as required to provide you the App and related services, all as permitted under any applicable privacy laws.

14/Security

We take reasonable measures to maintain the security and integrity of our App and prevent unauthorized access to it or use thereof through generally accepted industry standard technologies and internal procedures. The Personal Information is hosted on AWS servers which provide advanced strict security standards (both physical and logical). In addition we employ highly secure services design and implementation using state of the art encryption and architectures mechanisms. Furthermore we implement a secure permission management and auditing system using specific and proprietary firewall and network access filtering as well as security group mechanisms.  Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use will never occur. FAMOUS SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA.    

15/Changes to the Privacy Policy

The terms of this Privacy Policy will govern the use of the App and any information collected therein. Famous reserves the right to change this policy at any time, so please re-visit this page frequently to check for any changes. In case of any material change, we will make reasonable efforts to post a clear notice on the App or we will send you an e-mail regarding such changes to the e-mail address that you may have provided us with. Such material changes will take effect seven (7) days after such notice was provided on our Platform or sent to you via e-mail, whichever is the earlier. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” and your continued use of the Platform on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

16/Got any Questions?

If you have any questions (or comments) concerning this Privacy Policy, you are most welcome to send us an email to the following address: support@famer.us and we will make an effort to reply within a reasonable timeframe.

“I fear not the man who practiced 10,000 kicks once, but I fear the man who has practiced one kick 10,000 times”

- Bruce Lee

© 2018 Famous NYC Inc.

All rights reserved

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