FANTASY SIMMER PRIVACY POLICY

Effective Date: 7/3/2019

Last Updated: 7/20/2020

Fantasy Simmer LLC (“Fantasy Simmer,” “us,” or “we”) is committed to providing you with the best possible user experience. Maintaining your privacy is a large part of this commitment. When you use the Fantasy Simmer Platform, you’ll share some information with us, so we want to be upfront about the information we collect, how we use it, whom we share it with, and the choices we give you to control, access, and update your information. As such, this Privacy Policy (“Privacy Policy” is a binding legal agreement between you and Fantasy Simmer. All Users of the Fantasy Simmer Platform are required to review and be bound by this Privacy Policy. You agree to this Privacy Policy by installing, accessing, or in any way using the Fantasy Simmer Platform. IF YOU DISAGREE WITH ANY PORTION OF THIS PRIVACY POLICY, YOUR SOLE REMEDY IS TO IMMEDIATELY DISCONTINUE YOUR ACCESS TO OR USE OF THE FANTASY SIMMER PLATFORM. Further, all capitalized terms herein, unless otherwise noted, have the same definition ascribed to them in our Terms of Service.

  1. INFORMATION WE COLLECT OR RECEIVE. Unless otherwise stated here, in the course of operating the Fantasy Simmer Platform, we will collect and/or receive the following types of information (collectively, “User Information”) and retain it indefinitely. You authorize us to collect and/or receive such information.
    1. Personal Information. When you contact us, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”). Such Personal Information may include your name and e-mail address. Additionally, such Personal Information may be provided to Third-Party Services we use to provide certain functions on the Fantasy Simmer Platform. Currently, this includes sharing such information with MailerLite, Stripe, SendGrid, and Microsoft Azure. If you do not want such Personal Information to be retained or distributed to such Third-Party Services, you may request to have your information removed or deleted from any third-party lists or databases.
    2. Payment Information. If you choose to make a purchase or subscribe to a feature or service of ours that requires a fee, you will be required to provide your payment information, including, without limitation, names, addresses, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Payment Information”). Currently, this is run and processed through a third-party vendor, Stripe, and is not handled by us. Payment Information collected by Stripe is stored and handled according to Stripe’s terms and conditions, and is not received by us except in connection with payment verification and other related uses to provide the Services.
    3. Third-Party Analytics. We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, and ad servers with which we work may use third-party analytics services to evaluate your use of the Fantasy Simmer Platform, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Fantasy Simmer Platform and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. Please be advised that if you opt out of any such service, you may not be able to use the full functionality of the Fantasy Simmer Platform. Currently, Fantasy Simmer utilized Google Analytics.
    4. Other Information. In addition to the Personal Information and Payment Information, we may automatically collect or receive additional information regarding you and your use of the Fantasy Simmer Platform; your interactions with us and our advertising; and information regarding your computer and mobile devices used to access the Fantasy Simmer Platform (collectively, the “Other Information”). Such Other Information may include:
      1. From You. Additional information about yourself that you voluntarily provide to us, such as your product or service preferences.
      2. From Your Activity. We may collect or receive information regarding:
        1. IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or mobile device;
        2. browser type and language;
        3. referring and exit pages and URLs;
        4. date and time;
        5. details regarding your activity on the Fantasy Simmer Platform, such as search queries and other performance and usage data; and
        6. Whatever information you send through the Fantasy Simmer Platform.
      3. About Your Mobile Device. We may collect or receive information regarding:
        1. type of mobile device;
        2. advertising identifier (“IDFA” or “AdID”);
        3. operating system and version (e.g., iOS, Android or Windows);
        4. carrier; and
        5. network type (WiFi, 3G, 4G, LTE).
      4. From Cookies. We may use both session cookies, which expire once you close the Fantasy Simmer Platform, and persistent cookies, which stay on your device until you delete them and other technologies to help us collect data and to enhance your experience with the Fantasy Simmer Platform. Cookies are small text files we can use to recognize a repeat visitor to the Fantasy Simmer Platform. If you do not want us to deploy cookies in the Fantasy Simmer Platform, you can opt out by setting your browser or mobile device to reject cookies. You can still use the Fantasy Simmer Platform if you choose to disable cookies, although your ability to use some of the features may be affected. We may use cookies for various purposes, including to:
        1. recognize the type of device;
        2. personalize your experience;
        3. analyze which portions of the Fantasy Simmer Platform are visited and used most frequently; and
        4. measure and optimize advertising and promotional effectiveness.
  2. INFORMATION COLLECTED BY OR THROUGH THIRD-PARTY ADVERTISING COMPANIES.
    1. We may share User Information with third parties for ad distribution and ad optimization (defined as the tailoring, targeting of ads). These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect Other Information for such purposes. Pixel tags enable us and these third-party advertising companies to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. In addition, we may receive Other Information from advertisers and/or their service providers such as advertising identifiers, IP addresses, and post-conversion data.
    2. If you wish to opt out of third-party interest-based advertising, please visit http://www.networkadvertising.org and http://www.aboutads.info/choices for details on how to do so. Additionally, users of mobile Devices can follow the below instructions:
      1. Android Users. For Android devices with OS 2.2 and up and Google Play Services version 4.0 and up: Open your Google Settings Fantasy Simmer Platform > Ads > Enable “Opt out of interest-based advertising.”
      2. iOS Users.
        1. iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting.
        2. iOS 6: Go to your Settings >Select General > Select About > Select Advertising > Enable the “Limit Ads Tracking” setting.
  3. HOW INFORMATION IS USED AND SHARED.
    1. You authorize us and any third-party providers or vendors we may use to use the User Information to:
      1. provide and improve the Fantasy Simmer Platform;
      2. provide our Services;
      3. administer our promotional programs;
      4. solicit your feedback; and
      5. inform you about our products and Services.
    2. In order to provide our Services, provide the Fantasy Simmer Platform, and administer our promotional programs, we may share the Information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
    3. In order to provide our Services and the Fantasy Simmer Platform, we may share the following information with other Users:
      1. any information you have consented for us to share; and
      2. certain content you post or send through the Fantasy Simmer Platform.
    4. We may engage third-party companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, payment processing, marketing assistance, distribution and reselling, and administration of promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
    5. In an ongoing effort to better understand our Users, the Fantasy Simmer Platform, and our products and services, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the Fantasy Simmer Platform and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the Fantasy Simmer Platform and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.
    6. We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
    7. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
    8. To the extent permitted by law, we may also disclose the Information:
      1. when required by law, court order, or other government or law enforcement authority or regulatory agency; or
      2. whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.
    9. Please keep in mind that Users or third parties that you send messages, chats, or any other Content to may always save that Content or copy it outside the Fantasy Simmer Platform. So, the same common sense that applies to the internet at large applies to the Fantasy Simmer Platform as well: Don’t send messages or share Content that you wouldn’t want someone to save or share.
  4. ACCESSING AND MODIFYING INFORMATION AND COMMUNICATION PREFERENCES.If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the Fantasy Simmer Platform (e.g., requests for support). We may also deliver notifications to your mobile device (e.g., push notifications). You can disable these notifications by deleting the relevant service or by changing the settings on your mobile device.
  5. HOW WE PROTECT YOUR INFORMATION. We take commercially reasonable steps to protect the User Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
  6. FANTASY SIMMER PLATFORM STORES; EXTERNAL WEBSITES. The Fantasy Simmer Platform may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites and ensure you agree to such terms before using them.
  7. CHILDREN. The Fantasy Simmer Platform is not directed to children under the age of 18. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect User Information from any child under the age of 18. We ask that minors (under the age of 18) not use the Fantasy Simmer Platform. If a child under the age of 18 has provided us with User Information, a parent or guardian of that child may contact us and request that such information be deleted from our records.
  8. CONTROLS FOR DO-NOT-TRACK FEATURES. Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
  9. PRIVACY NOTICE FOR CALIFORNIA RESIDENTS. This section supplements the information provided in the Privacy Policy above and applies only to visitors and users who are residents of the state of California. If you have questions or concerns about any of the information provided in this Privacy Notice for California Residents, please contact us using the information provided in the “Contact Us” section of this Privacy Policy below.
    1. Personal Information We Collect.

      For purposes of this section “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include:
      1. information that is lawfully made available from federal, state, or local government records;
      2. de-identified or aggregated information; and
      3. information excluded from the scope of the California Consumer Privacy Act of 2018 (“CCPA”) such as health or medical information covered under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and financial information covered under the Fair Credit Reporting Act (“FCRA”) or Gramm-Leach Bliley Act (“GLBA”).
    2. In the last twelve (12) months, we have collected the categories of personal information described in the table below. Though we may have collected some information in such general categories, we may or may not have collected all information listed as examples.
    3. Category Examples Collected
      1. Identifiers Real name (such as first name and last name); alias, postal address, unique personal identifier, online identifier, internet protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. Yes
      2. Customer Records Information Name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. Collected by third-party vendor, not Fantasy Simmer, in order to provide payment processing services
      3. Characteristics of protected classifications under California or federal law Age (forty (40) years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital or familial status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information), medical conditions, political affiliations or activities, status as a victim of domestic violence, assault, or stalking.
      4. Commercial information. Records of products or services purchased, personal property, or other purchasing or consuming histories or tendencies. Collected by third-party vendor, not by Fantasy Simmer, in order to provide payment processing and records services
      5. Biometric information. Fingerprints, facial or hand imagery, voice recordings from which an identifier template can be extracted, keystroke patterns, gait patterns, sleep, health, or exercise data.
      6. Internet or other similar network activity information Browsing history, search history, information regarding consumer’s interaction with a website, application, or advertisement. Yes
      7. Geolocation data GPS coordinates or other location tracking information.
      8. Sensory data Audio, electronic, visual, thermal, olfactory, or similar information.
      9. Professional or employment-related information Employer, employment history, resumes and CVs, background checks, and other employment-related information.
      10. Inferences Inferences drawn from any of the categories described above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Yes

      The table below describes the sources for each category of personal information we collect, the business and/or commercial purposes for which we use each category of personal information, and the third parties with whom we share each category of personal information we collect.

      Category Sources Business or Commercial Purposes Third Parties Shared With
      1. Identifiers
      • Directly from consumers
      • Website cookies
      • Website analytics providers
      • To fulfill specific consumer requests
      • To enhance the website experience
      • For marketing purposes
      • Website providers
      • Analytics providers
      • Advertising providers
      • Email Confirmation Provider
      • Mailing List provider
      • Ecommerce Platform
      2. Customer Records Information
      • Directly from consumers
      • To fulfill specific consumer requests for service
      • Ecommerce Platform and payment processing parties
      4. Commercial information.
      • Directly from consumers
      • To fulfill specific consumer requests
      • Ecommerce Platform and payment processing parties
      6. Internet or other similar network activity information
      • Website cookies
      • Website analytics providers
      • To enhance the website experience
      • For marketing purposes
      • Website providers
      • Advertising providers
      11. Inferences
      • Website analytics providers
      • Advertising providers
      • For marketing purposes
      • Analytics Providers
      • Advertising providers
    4. Personal Information We Disclose

      1. Sale of Personal Information We do not sell personal information.  
      2. Disclosure of Personal Information for Business Purposes We disclose the following categories of personal information for business purposes: Identifiers, Customer Records Information, and Commercial Information. We do not sell personal information of minors under the age of sixteen (16) years of age without affirmative authorization.
    5. Your Rights.

      If you are a resident of the state(s) identified above, you have specific rights regarding your personal information. This section describes your rights and how to exercise them.
      1. Right to Know About Personal Information Collected, Disclosed, or Sold. You have the right to request that Fantasy Simmer disclose to you what personal information we collect, use, disclose, and sell. You may exercise this right following the methods described under the subsection titled “Exercising Your Rights” below.
      2. Right to Delete Personal Information. You have the right to request that Fantasy Simmer delete personal information we may hold about you. You may exercise this right following the methods described under the subsection titled “Exercising Your Rights” below. Please be aware that we may not always be able to delete your personal information. For example, there may be business or operational reasons why we need to retain personal information. If we deny your request to delete personal information, we will inform you of the basis for our denial in our response to you.
      3. Right to Opt-Out of Sale of Personal Information. You have the right to opt out of the sale of your personal information. Because we do not sell personal information, this right does not apply to Fantasy Simmer.
      4. Right to Non-Discrimination. You have the right to not receive discriminatory treatment from Fantasy Simmer for exercising any of your rights described under this “Your Rights” section. This means we will not treat you differently for exercising any of the rights described above.
    6. Exercising Your Rights.

      You may exercise each right once every twelve (12) months. To exercise your rights, you must submit a verifiable request to us. To submit a verifiable request, please contact us using the email contact information below, or providing written notice to 815 Brazos St., Ste. 500, Austin, TX, 78701. To verify your request we will require verification, which may include providing government issued ID, or other information, as we determine at the time of the request. You may designate an authorized agent to submit a request on your behalf. To designate an authorized agent, you must submit a signed and notarized authorization letter to us. We will respond to your rights request within forty-five (45) days from the date we receive it. In some cases, we may require additional time to complete your request and will inform you if additional time is needed. Where additional time is needed, we may take up to a maximum of ninety (90) additional days to complete your request.
    7. Financial Incentives.

      Fantasy Simmer does not offer financial incentives or price or service differences in exchange for the retention or sale of personal information.
  10. CHANGES TO THIS PRIVACY POLICY. This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the Fantasy Simmer Platform and we will notify you of such changes within a reasonable time prior to their effectiveness. By accessing, installing, or in any way using the Fantasy Simmer Platform after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the User Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.
  11. HOW TO CONTACT US. If you have questions about this Privacy Policy, please e-mail us at support@fantasysimmer.com