TERMS OF USE
The following privacy statement contains information about ONEFAN FZCO (“ONEFAN”) and FansDay. It explains who we are, how we collect, share and use information, and how users can exercise their privacy rights.
The effective date of this Privacy Statement is January 1, 2023.
WHAT DOES ONEFAN DO?
ONEFAN operates FansDay, a platform to issue and trade utility tokens based on blockchain technology (“Platform”). The Platform is operated in Dubai and complies with the European data protection regulations (EU-GDPR) and the applicable national data protection laws of Dubai.
INFORMATION WE COLLECT
The user may provide us with certain information at his or her discretion, while other information is automatically provided by the user’s Internet browser when he or she visits the Platform. This type of information and our respective processing purposes are as follows:
Type of information:- browser type and version- operations system- referrer URL- visited websites- date and time of the visit- internet protocol (IP) address- cookies
What we need it for:
If a user visits the Platform (either anonymously or on his or her user account):- Logfile data is automatically provided by Internet browsers.- Collecting this information enables us to better understand the users who visit our Platform, where they come from and what content on our Platform is of interest to them. We use this information for our internal analysis purposes, for retargeting campaigns, to measure the success of our marketing campaigns and to improve the quality and relevance of the Platform for our visitors.
Type of information:- email address- date of account opening- user name- profile picture- token name- trade history- shared content as entered by the user
What we need it for:
If a user subscribes to the Platform.If we need personal information that is not described above, the user will be asked for their consent and the reasons will be communicated to them at the point where the information is collected.
GDPR: LEGAL BASIS FOR THE PROCESSING
Our legal basis for collecting and processing the information described above depends on the information in question and the specific context in which we collect and process it. According to the European Data Protection Act, we only collect and process personal data from users if we have their consent (Art. 6 para. 1 lit. a) Data Protection Act), if we need the information in order to fulfill our contractual obligations towards the user (Art. 6 para. 1 lit. b) Data Protection Act) or if we have a legitimate interest in it.If a user would like to know more about the legal basis for processing his data for a specific purpose (including any legitimate interests we have in processing the data), he can contact us using the data provided below.
WITH WHOM WE SHARE DATA
We pass on data to the following categories of recipients:To third parties who process data on our behalf and assist us in providing our services (e.g., operating support, providing functionality or enhancing the security of the Platform) or who otherwise process personal data for purposes described in this Privacy Policy or disclosed to users when we collect their personal data,To the appropriate law enforcement authorities, regulatory authorities, government agencies, courts or other third parties if we believe that disclosure is necessary (i) for reasons of applicable law, (ii) to exercise, establish or defend our statutory rights, or (iii) to protect a vital interest of the User or another person,To a potential buyer (and its agents and advisors) in connection with a proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer that it may use the user’s personal information only for the purposes set out in this Privacy Policy;
LINKS TO THIRD PARTY CONTENT
The Platform may contain links to other websites. ONEFAN is not responsible for the privacy notices or practices of such Third Party sites.
CHILDREN’S DATA
ONEFAN does not knowingly collect personal information from children under the age of 18. If you believe that your child has provided ONEFAN with personal information, e.g. by registering on the Platform, and you would like the information to be removed, please contact us at privacy@onefan.com
DATA SECURITY AND INTERNATIONAL DATA TRANSFER
ONEFAN uses hashing, encryption and de-identification techniques to ensure that users’ privacy is protected at all times when data is shared with third parties. ONEFAN uses generally accepted security standards for FansDay to protect data both during transmission and upon receipt.
HOW LONG WILL THE DATA BE KEPT?
We retain personal information for as long as we have a continuing legitimate business need (e.g. to provide users with a service they have requested or to comply with applicable legal, tax or accounting requirements).
WEB ANALYTICS
HOW DO WE USE WEB ANALYTICS TOOLS?
In order to continuously improve and optimise the Platform, we use so-called tracking technologies. Web analytics tools provide us with statistics and graphs that tell us how our web pages are used. The data on the use of an Internet page is transferred to the server used for this purpose. Depending on the provider of a web analysis tool, these servers may be located abroad. For the most frequently used web analysis tool, Google Analytics, this data, including shortened IP addresses, is transmitted, which prevents the identification of individual devices. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google. A transfer of this data by Google to third parties only takes place due to legal regulations or in the context of order data processing.Further information on Google Analytics and data protection can be found under these links: Browser Add-on and Google Marketing Platform.
COOKIES
HOW DO WE USE COOKIES?
We also use so-called cookies on the Platform. These are small files that are stored on your computer or mobile device when you use one of our Platforms. We would also like to inform you comprehensively about our use of cookies.
WHY DO WE USE COOKIES?
The cookies we use are initially used to ensure the functionality of the Platform. We also use cookies to make our Platform as convenient as possible.
WHICH COOKIES DO WE USE?
Most of the cookies we use are automatically deleted from your computer or mobile device at the end of the browser session (so-called session cookies). For example, we use session cookies to store your country and language preferences across different pages of an Internet session.In addition, we also use temporary or permanent cookies. These remain stored on your computer or mobile device after the end of the browser session. When you visit one of our Internet pages again, the system automatically recognizes which entries and settings you prefer. These temporary or permanent cookies remain stored on your computer or mobile device for between one month and ten years, depending on the type of cookie, and are automatically deactivated after the programmed time has elapsed. They serve to make our Internet pages more user-friendly, effective and secure. Thanks to these cookies, you can, for example, view information on the site that is specifically tailored to your interests.
WHAT DATA IS STORED IN THE COOKIES?
No personal data is stored in the cookies we use. The cookies we use cannot be assigned to a specific person. When a cookie is activated, it is assigned an identification number.
HOW CAN YOU PREVENT THE STORAGE OF COOKIES?
Most Internet browsers automatically accept cookies. However, you can instruct your browser not to accept cookies or to ask you to accept them before accepting a cookie from a web page you visit. You can also delete cookies on your computer or mobile device by using the appropriate function of your browser. If you decide not to accept our cookies or the cookies of our partner companies, you will not be able to see certain information on our Internet pages and will not be able to use some functions that are intended to improve your visit.
HOW DO WE USE LOG FILES?
Every time you access the Platform, your Internet browser transmits certain usage data to us for technical reasons and stores it in log files. These are the following usage data: Date and time of the visit to our Platform; name of the Website accessed; IP address of your computer or mobile device; address of the Platform from which you came to our Platform; amount of data transferred, as well as the name and version of your browser.The evaluation of the log files helps us to further improve the Platform and make it more user-friendly, to find and correct errors more quickly and to control server capacities. Using the log files, we can determine, for example, at which time the use of the Platform is particularly popular and provide the corresponding data volume in order to guarantee you the best possible use.
WHAT RIGHTS DO YOU HAVE WITH REGARD TO YOUR PERSONAL DATA?
You have the right to assert your data protection rights at any time and to obtain information about your stored personal data, to correct or supplement your personal data, to object to the processing of your personal data or to demand the deletion of your personal data. You will find the contact options below. In this context, we reserve the right to correspond with you electronically (in particular by e-mail).
CONTACT US
If you have any questions or concerns about the use of your personal data or if you have any questions about data protection at ONEFAN, please contact our data protection officer at the following address: privacy@onefan.com. The data controller is:
ONEFAN FZCO
Dubai Silicon Oasis, DDP, Building A1 Dubai
United Arab Emirates
TERMS OF USE
These Terms of Use govern the relationship between you (“User“) and ONEFAN FZCO, domiciled in Dubai, United Arab Emirates (“Provider“, together, the “Parties”) with respect to your use of the FansDay application (“Application“) and the related services that are offered by the Provider. Please read these Terms of Use carefully before you start using the Application. By using the Application, you agree to be bound by these Terms of Use.
These Terms of Use were last amended in January, 2023.
DEFINITIONS AND INTERPRETATIONS
1. DEFINITIONS
For purposes of these terms of use, the following terms shall have the meanings set forth below unless the context dictates otherwise:
• “Cloud Hosting Provider” means the professional cloud hosting provider that is engaged by the Provider to store all Personal Data securely and make it accessible to the User.
• “Data” means any and all data that is processed by the Provider in accordance with these Terms of Use.
• “GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
• “Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected, including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, epidemics, pandemics, disasters, explosions, fires, floods, riots, terrorist attacks and wars.
• “Intellectual Property Rights” means the rights in patents, trademarks, trade secrets, designs, domain names, copyrighted works (including software programs) and databases. Where the rights can be registered, the term Intellectual Property Rights also includes any pending registrations as well as the right to apply for a registration in any jurisdiction.
• “Licensed Technology” means the Intellectual Property Rights of the Provider in the Application and the Services that are licensed to the User as part of the Services as further described herein.
• “Personal Data” means any information that is related to an identified or identifiable natural person as further described in the GDPR.
• “Privacy Policy” means the Privacy Policy of the Provider which governs the processing of the Data by the Provider and can be accessed via the following link: https://www.fansday.com/privacy-policy/
• “Protected Content” means all texts, videos, images, logos, data and other content made available to the User and the Users by the Provider via the Application.
• “SaaS” or “Software-as-a-Service” refers to the sales model used by the Provider to provide the User with access to the Application and to make the Services available.
• “Services” means any services provided by the Provider to the User and the Users as set forth in these Terms of Use.
• “Creators” means individuals from the entertainment, music or sports industry, celebrities, idols, consumer brands, companies or social movements.
• “Support Services” means the services that may be provided by the Provider to enable the User to exercise the access rights to the Application.
• “User Account” means the account that enables the User to access the Application and to make use of the Services.• “User Data” means the Personal Data of the User that is collected and processed by the Provider according to the principles of the Privacy Policy.
• “User Profile” means the personal profile created by the User that consists of the Personal Data that is provided by the User from time to time.
• “Website” means the website https://www.fansday.com/.• “Application” means the cloud-based software program named “FansDay” that is operated by the Provider and provides a platform and a marketplace where creators can build deeper connection with their fans.
2. INTERPRETATIONS
Unless the context requires a different interpretation, the headings in these Terms of Use shall not affect the interpretation of these Terms of Use. The Parties agree that in the event of any conflict between these Terms of Use and the terms of any other contractual document, these Terms of Use shall prevail and take precedence unless the Parties agree otherwise in writing and expressly refer to the relevant section of these Terms of Use that shall to be replaced or amended. Each and every provision of these Terms of Use shall be construed as though both parties participated equally in the drafting of same, and any rule of construction that a document shall be construed against the drafting party, including without limitation, the doctrine commonly known as contra proferentem, shall not be applicable to these Terms of Use.
APPLICATION AND SERVICES
1. GENERAL PURPOSE STATEMENT
The Provider undertakes to provide the User with access to the Application and to grant the usage rights that are necessary to use the Application and Services. If the Provider creates new versions, updates, upgrades or other new deliveries with regard to the Application, the rights and limitations described below shall also apply to these.
2. ACCESS TO APPLICATION AND SERVICES
2.1 ACCESS REQUIREMENTS
To access the Application, the User needs an Internet connection with sufficient bandwidth and quality. The Provider can define additional access requirements at any time. To get access to the Services, the User must create an account on the Application and define a personal password. The User is solely responsible for the security of the password. If the User loses or forgets his password, he can reset the password on the login page by entering his registered e-mail address.
2.2. ADMINISTRATION RIGHTS
The User acknowledges that the administration rights for the Application are held by the Provider and that the Provider therefore has access to all Data that is collected and registered via the Application by the User. The use of this Data by the Provider complies with the Data Protection Act and the GDPR and is regulated in the Privacy Policy.
2.3. SECURITY
The User accesses the Application through the personal device on which the Application is installed. This means that the security and integrity of the Data depends largely on the technical integrity of the User’s personal device. The Provider assumes no liability for damages in connection with any disclosure or third-party manipulation of Data that is attributable to a compromise of the User’s personal device.
2.4. LIMITATIONS
The access to the Application is subject to the following limitations:
• The User is not entitled to provide access to the Application to any natural persons or legal entities who are not explicitly authorized to do so under these Terms of Use. The User shall take the necessary precautions to prevent the use of the Application by unauthorized persons.
• The User is not entitled to access the Application to cause damage to the Application or to impair or limit the availability and accessibility of the Application.
• The User is not entitled to carry out or have carried out so-called penetration tests to access the Application without authorization in order to check the security of the Application and the Data.
• The User is not entitled to bypass the technical protection mechanisms of the Provider that protect the Application against unauthorized access.
2.5. LICENSE AGREEMENT
Provider hereby grants the User a limited, non-exclusive, non-transferable, non-assignable and non-sub licensable right to use the Licensed Technology to access the Application and make use of the Services (“License“). The User acknowledges that this License does not result in any transfer or assignment of Intellectual Property Rights to the User and is subject to the following restrictions to protect the Licensed Technology and the Intellectual Property Rights of the Supplier:
• The User acknowledges the comprehensive ownership of the Licensed Technology by the Provider and hereby irrevocably waives any and all rights to contest the existence and scope of such rights.
• The User may use the Licensed Technology only for its personal activities.
• The User may not pass on, transfer or assign the License to third parties, in whole or in part, without the express written consent of the Provider.
• The User shall not access the source code of the Licensed Technology or modify, decompile, decrypt, extract or otherwise reduce the information contained in the Licensed Technology except as expressly permitted by applicable law.
• The User shall not disclose, reproduce, distribute or otherwise make available to the public the information contained in the Licensed Technology and shall not use it to promote, conduct or otherwise contribute to fraudulent or illegal activities.
2.6. NO CUARANTEED AVAILABILITY
The access to the Application is provided on a best effort basis. The Provider has not, cannot and does not guarantee that the Application will be available to the User. The Provider is entitled to suspend the access to the Application immediately if the User exceeds the usage rights under these Terms of Use or does not accept the Terms of Use as amended by the Provider from time to time.
3. SUPPORT SERVICES
The Provider may provide the User with support services that are required to access the Application. All Support Services are provided on a best effort basis. The Provider does not guarantee that the Support Services will be available to the User or that the issue of the User will be solved by the Provider.
4. CREATIONS OF USER ACCOUNT AND USER PROFILE
To access the Application and make use of the Services provided by the Provider, the User has to open a User Account.Upon creation of the User Account, the User Profile will consist of the universally unique identifier (UUID) of the personal device that is used by the User. The Provider reserves its right to request additional Personal Data from the User. If the User does not provide such additional Personal Data at the Provider’s request, the Provider has the right to disable the User’s access to the Application and the Services that are provided thereon.
5. FANSDAY
The Provider does not assume or accept any liability or responsibility for any losses, damages, or third-party claims, irrespectively of the legal basis of such losses, damages or claims, that may be suffered by or directed at the user as a result of the loss of access to the platform.
6. ACCESS TO FUNCTIONALITIES
6.1. ACCESS VIA APPLICATION
Privileges that may be associated with a features as defined by the Issuer are stored on the Application where the management of the Functionalities takes place. This means that the Functionalities are only available if the User has created a User Account. After logging in to the User Account, the User will be able to see in his User Account which Functionalities can currently be accessed. While the access to the Functionality must always happen via the Application, the Issuers will be free to define the exact access process.
6.2. REMOVAL OF FEATURES FROM APPLICATION
The User understands and acknowledges that the Provider reserves its right to temporarily or permanently remove any feature from the Application if such action is reasonably required to comply with existing contractual or regulatory obligations. In this case, the User may lose the ability to access the privileges associated with the features.
INTELLECTUAL PROPERTY RIGHTS TO CONTENT
The Protected Content provided to the User by the Operator is protected by copyright, trademark, trade secret and other laws for the protection of intellectual property. The Protected Content may be changed by the Provider at any time at its sole discretion and is provided to the User solely for the purpose of using the Services. Any use of the Protected Content beyond this purpose constitutes a material breach of these Terms of Use as well as an infringement of the Operator’s intellectual property rights.
LIMITED WARRANTY
The Service Provider warrants that it complies with all applicable legal and regulatory requirements in connection with the provision of Services in connection with the Application. The Service Provider also warrants that the Licensed Technology and the Protected Content, to the Provider’s best knowledge, does not contain any worms, trojan horses, spyware, adware or other malicious software programs.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE, THE PROVIDER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND EXPLICITLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OTHERWISE ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
LIMITATION OF LIABILITY
The User acknowledges and agrees that, to the extent permitted by any applicable law, the User will not hold the Provider or any of its affiliates liable for any and all damages or injury whatsoever caused by or related to the use of, or the inability to use the Application under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).
EXCEPT IN THE CASE OF A PARTY’S WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR BAD FAITH BREACH, NEITHER PARTY NOR ANY OF ITS AFFILIATES WILL BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE.
RISKS RELATED TO THE USE OF THE APPLICATION
The User understands and accepts the various risks in connection with the use of the Application. In particular, but not concluding, the User understands the following risks:
• Risk of Software Weaknesses: The User understands and accepts that the software application is still in an early developmental stage and unproven. The User acknowledges that there is an inherent risk that the software could contain weaknesses, vulnerabilities or bugs causing, inter alia, a complete loss of all User Data.
• Risk of Transaction Verification: The User understands and accepts that transactions may be delayed or not be executed due to the transaction volume.
The User understands and acknowledges that the risks listed above are borne exclusively by the User, that the User cannot pass on the consequences of a realization of the risks to the Provider or any other third party.
TERMINATION AND DISCONTINUATION
These Terms of Use may be terminated by either Party at any time. The User understands and accepts that the operation of the Application may be discontinued without notice and for any reasons whatsoever.
MISCELLANEOUNS
1. SEVERABILITY
The User agrees that if any portion of these Terms of Use is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms of Use, which shall continue to be in full force and effect.
2. ENTIRE AGREEMENT
These Terms of Use contain the entire agreement between the Provider and the User with regard to the subject matter regulated herein and supersede all previous written or oral communication between the Provider and the User as well as any public statements about the use or functionalities of the Application made by anyone in the past, present and future.
3. FORCE MAJEURE
If a Force Majeure Event prevents the Operator from providing its obligations under these Terms of Use, the Operator shall be relieved of those obligations. If the Operator believes that the User is not already aware of the Force Majeure Event and has the ability to contact the User, the Operator will notify the User without undue delay and inform the User of the reasons for the Force Majeure Event and its expected duration. The Operator will further endeavor to use all technically and commercially reasonable efforts to ensure that it is able to resume the Services as soon as possible.
4. CHANGES TO TERMS OF USE
The Operator reserves the right to adapt or amend these Terms of Use at any time and without prior notice. In the event of changes, the revised Terms of Use will be published on the Provider’s website. The date on which the terms of use were last amended can be found in the introductory note. The amended Terms of Use will automatically come into force upon publication.
5. CLASS ACTION WAIVER
To the fullest extent permitted by law, the User hereby waives the right to participate in a class action lawsuit or a class-wide arbitration against the Provider or any of its affiliates arising out of or related to the use of, or the inability to use the Application under any cause or action whatsoever.
6. GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with UAE law. The application of the United Nations Convention for Contracts for the International Sales of Goods is hereby expressly excluded.Any dispute, controversy or claim arising out of or in connection with these Terms or the breach, termination, existence, legal competence or invalidity thereof, shall be exclusively settled by the ordinary courts of Dubai, United Arab Emirates.
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