FanYield Privacy Policy

Effective: 12th June 2024

1. Foreword

FanYield is a sports entertainment platform where Sports fans (“User” or “You”) can collect collectibles featuring professional sport players, access a sports fantasy game, trade digital collectibles, and earn prizes. The Website provides a marketplace for registered users to acquire, hold, and exchange collectibles (collectively, the “Services”).

We respect your privacy and are committed to provide a secure environment to our Users. This privacy policy (“Policy”) is intended to provide you with important information about how and why your data may be collected and processed by FanYield (“We,” “Us” or “FanYield”). All Personal Data (defined below) will be processed pursuant to applicable law, including the European Union’s General Data Protection Regulation and other applicable data protection laws. This Policy is part of the Terms and Conditions, as it is set forth directly there. Terms and conditions not directly defined here shall be assigned the meanings ascribed to them in the Terms and Conditions.

2. Data Collected and Purposes

We collect and process a limited amount of Personal Data for specific purposes, such as allowing You to access the Services, making the Services fun and easy to use, improving your experience and preventing fraud. Whenever we collect your Personal Data, and for whatever purposes, we are committed to always collecting the minimum amount of Data that is necessary for the relevant purpose.

This section provides more information regarding what Personal Data we collect, what we process that Personal Data for and the legal basis for each specific processing purpose.

• Access to and Use of the Services. FanYield collects and processes Personal Data in order to allow you to access and use the different parts of the Services, including to facilitate the purchase of a Collectible, play the Game, or participate in Referral Programs.

  • To purchase a Collectible on the Primary Market (“IPO”) and/or to purchase or exchange a Collectible via the Secondary Market (“Marketplace”), FanYield collects your username, phone number, or payment identifier and has access to part of your credit card number (i.e., the last four digits of the credit card that we have access to via payment services providers but do not directly collect or store).

  • To facilitate participation in a Fantasy Tournament, send prizes to the winners, publish leaderboards, and more, FanYield processes your username, first name and last name, phone number, wallet public key and the prize(s) you have won (where applicable). FanYield may publish your username and the prize(s) you have won on its Website, as part of the leaderboard presenting the results of the tournaments.

  • To allow participation in our Referral program, FanYield collects and processes your email address, phone number, first name and last name, username.

  • The legal basis of this processing is contractual. We require this data in order to execute the Terms and Conditions, and any other applicable Additional Terms, that you agreed to when signing up for your User account.

  • The legal basis for this processing is your consent.

• Terms Compliance; Website and Account Security. FanYield collects certain device and browser information (user agent), browsing data, including IP address (from which information on your country/state of location can be inferred), account information (including your email address and phone number) and transaction details, to ensure the security of the Services and your User account, and to detect, prevent, investigate, and/or trace any attempt to violate our Terms and Conditions or any other Applicable Terms, such as by malicious hacking. Your phone number may be used by FanYield for SMS account authentication by our partners. Your phone number will not be shared or sold to any third parties for marketing purposes. In the course of an investigation, FanYield may take additional security measures, including but not limited to requesting additional supporting documents and/or information, or suspending or canceling the relevant transaction in the event the transaction cannot be verified. Where payment fraud has been investigated and confirmed, the relevant Data and other related information will be stored in FanYield’s monitoring system and used for future verifications.

  • The legal basis of this processing is FanYields’s legitimate interest. FanYield has a legitimate interest in detecting, preventing, and investigating fraud to ensure a fair game for all users and to protect its Services and Users against potential credit card frauds.

• User Requests and Communication. FanYield collects and processes Personal Data, such as your username, contact details, and the content of your message (to the extent such content is considered Personal Data) when managing and following up on any questions and/or requests you may submit via our Help Center or other method.

  • The legal basis of this processing is contractual. Support is integral to the Services we provide, so we require this data in order to execute the Terms and Conditions, and any other applicable Additional Terms, that you agreed to when signing up for your User account.

3. Data Retention

• Account Information. FanYield will keep your Personal Data until the closure of your account. However, where required or allowed by applicable law, if FanYield needs to retain certain Personal Data beyond the date of closure of your account, then the maximum applicable retention period will apply, pursuant to the applicable statutory limitation periods. This period will not exceed the period for which the Company must retain the Data.

• Website Use. Personal Data processed by or on behalf of FanYield for the purposes of analytics or other study or analysis will not be retained by FanYield after such studies have been completed and the relevant reports, outputs and/or insights have been produced.

• Access to the Services. Personal Data processed for the use of the Services will only be kept for thirteen (13) months from the date of the relevant activity.

• Terms Compliance. Website and Account Security. Personal Data processed for fraud prevention will be kept for three (3) years after the relevant data has been included on an alert list. Personal Data processed for security matters will be kept for five (5) years from the last account login or suspicious activity.

• User Requests and Communication. For management of your questions and/or requests, FanYield will retain your Personal Data for a maximum of three (3) years after the last time you reached out to us.

Notwithstanding the above, FanYield may store some Personal Data for a longer duration pursuant to its legitimate interests and applicable legal obligations. When the relevant retention period expires, FanYield will delete your Personal Data or apply adapted measures to the relevant data to ensure that you can no longer be identified. If FanYield concludes that it is not necessary to keep your Personal Data in its active database, it will archive the relevant Data. For all active and archived Data, FanYield will ensure that access to the relevant Data is restricted to a limited number of persons with a genuine need to access it.

4. Processors and Data Transfer

FanYield may use Third-Party Service providers and other third parties (“Processors”) to facilitate, maintain, improve, analyze, and secure the Website, App, and Services. Processors may have access to Personal Data for the sole and exclusive purpose of carrying out the processing activity assigned to the relevant Processor by FanYield. FanYield ensures that the service providers have sufficient guarantees for the performance of the processing activity and comply with the applicable laws and regulations.

Personal Data may be processed outside the European Economic Area (“EEA”). When Data is transferred outside of the EEA, FanYield will take all necessary precautions, and alternatively or cumulatively: (i) ensure that the European Commission has taken an adequacy decision regarding the country of destination, (ii) that model contractual clauses adopted by the European Commission or the supervisory authority have been signed with the recipient, (iii) that the recipient adhered to an approved code of conduct or certification mechanism, etc.

5. Use by Children

The Website, App, and Services are intended for use by individuals eighteen (18) years old or older. Pursuant to the Terms and Conditions, the Website, App and Services are not available for Users under 18 years old.

6. Your Rights

Most applicable data privacy laws (including the European Union’s GDPR) have granted individuals rights in connection with their Data and how that Data is processed. The below section is intended to inform you of your rights in connection with your Personal Data. Please note that all requests pursuant to this section will be processed in accordance with the applicable European laws (notably GDPR) disregarding your location or country of residence but our answers may be adapted to comply with local laws requirements.

You have the right to access your Personal Data, correct it, move it, delete it and a right to restrict how your Data is processed. You also the right to specify instructions defining the way Personal Data shall be managed after your death.

Requests

• To exercise your rights or make an enquiry regarding data privacy at FanYield, you should make a request accompanied by proof of identity by mail addressed to FanYield at privacy@fan-yield.com

• FanYield will attempt to answer your request or enquiry as soon as possible, and at the latest within fourteen (14) days of receipt of the request. For complex requests, we reserve the right to extend this period to three (3) months.

• Individuals located in the EU may submit a request to the competent data protection authority in their respective location.

Deletion of User account

• If you intend to request the deletion of your Personal Information you can use the method described above.

• You must sell out all collectibles and withdraw cash balance before any deletion request. Any Collectibles held on Your portfolio not been sold out of your account at the date of deletion will be permanently irretrievable. FanYield will not be responsible for the permanent loss of any Collectibles.

By agreeing to this Policy, you agree to keep your Data on FanYield up-to-date, and only provide accurate and current Personal Data. Additionally, if you send us any information that would allow us to identify, directly or indirectly, any other individuals, you represent and warrant that, prior to sharing this information, such other natural persons have been provided with this Policy and, to the extent applicable, have consented to the processing of their Data.

7. Cookies

• When you browse our Website, cookies are placed on your terminal, either directly or after having obtained your consent when required by the regulations on cookies.

• To learn more about the use of cookies on our Website, please see the cookie policy here: FanYield Cookies Policy

8. Security

FanYield has implemented and maintains measures to protect the confidentiality, security, and integrity of your User account and Personal Data against unauthorized access and disclosure, modification, alteration, damage, accidental loss or accidental or illicit destruction, as well as against any other form of unauthorized processing or disclosure.

We recommend you observe security best practices, including storing your account information securely and not sharing account information.

Additionally, we recommend you to choose a strong password and/or use a password manager for any and all password protected features of your User account and your User account itself.

9. Updates to this Privacy Policy

FanYield reserves the right to change this Policy as necessary, as the Service evolves or as required by applicable laws. Any material Policy changes will be communicated to you. When using the Services, you are deemed to have accepted the terms of the Policy, as published on our Website.

10. Jurisdiction and Applicable Law

The Policy is governed and interpreted according to Czech and European Law.