Introduction

Digital Garage S de RL de CV is the owner and operator of www.fanvibes.co and all affiliated websites and mobile versions (the “Site” or we, us, our, ours, etc.). We respect your privacy and are committed to protecting it through this Privacy Policy (the “Policy”). This Policy describes the types of personal information we may collect from you, the user, (you, your, yours, etc.) or that you may provide to us when you use the services offered by us on the Site (the “Services”), and our practices for collecting, using, keeping, protecting, and disclosing your personal information.

Please read this Policy carefully to understand our practices regarding your personal information and how we will treat it. If you do not agree with this Policy, your sole choice is to leave the Site. By accessing or using the Site, you agree to this Policy and consent to our collection, use, disclosure, retention, and protection of your information as described in this Policy.

We reserve the right to revise, amend, or modify this Policy at any time and in any manner. We will consider your continued use of the Site after we make changes to this Policy as your acceptance of the changes, so you must periodically revisit this Policy and check the “Last Updated” date above. If changed, this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.

1. How old do you have to be to use the Services?

We prohibit anyone under the age of eighteen (18) from accessing the Site or using the Services. We do not knowingly market to or collect or solicit any information from or about anyone under the age of eighteen (18). If you are under the age of eighteen (18), you must not submit information to us and must immediately leave the Site. If we learn that we have collected information from or about a person under the age of eighteen (18), we will delete that information as quickly as possible. If you believe that we might have such information, please contact us at [email protected].

2. What types of information do we collect about you?

We may collect several types of “personal information” from and about users of the Site, including any information that personally identifies you or that could be reasonable linked to you or your household, including your name; alias; username or other unique personal identifier, and password; postal, billing, and shipping address; email address; IP address; telephone number; social security number; driver’s license, passport, or other identification card number; credit card or banking information; order history; personal property records; biometric information; characteristics of protected classifications; and inferences drawn from any of this information about your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes. However, this Policy does not apply to personal information that has been de-identified or that is otherwise publicly available.

We, or our contractors, may collect, store, and/or maintain biometric information including, but not limited to, a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry, from any content or verification documents you provide to us or upload to the Site.

3. How do we collect your personal information?

We collect your personal information directly from you when you provide it to us, such as through:

• The account registration process;
• Your profile information or other posts;
• Your purchases and other financial transactions;
• Your search queries;
• Your linked social media accounts;
• Your responses to any surveys we ask you to complete; and
• Your other communications and interactions with us, whether by contact form, phone, mail, email, text, or other means, including on third-party social media platforms.

We also collect your personal information automatically from your computer device or mobile phone and through cookies, web beacons, and other tracking technologies.

This Policy does not apply to information collected by us offline or through any other means, or by any third party that is linked to or accessible through the Site.

4. Do third parties collect my personal information on the Site?

Third parties including users, advertisers, content or application providers, and third-party plug-ins may provide materials to the site which use cookies, web beacons, or other tracking technologies to collect your personal information, including information about your online activities over time and across different websites and other online services. Those third parties may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control third-party tracking technologies or how third parties use them. Your use of third-party plug-ins are governed by the user terms and privacy policy of the third party that provided that plug-in. If you have any questions about an advertisement or plug-in, you should contact the responsible provider directly.

Please be aware that we do not operate, control, or endorse third-party websites that may be linked on the Site, nor are we responsible for the content or privacy practices of third-party websites. We disclaim any responsibility for your personal information on third-party websites, and we do not make any warranties or representations that any third-party website (or even this Site) will function without error or interruption, that defects will be corrected, or that any third-party websites or their servers are free of viruses or other problems that may harm your computer. We encourage you to be aware when you leave the Site and to read the privacy policies of any third-party website that collects your personal information.

5. How do we use your personal information?

We may use your personal information:

• To provide you with access to the Site and use of the Services;
• To speed up the Services, such as by automatically updating your account information;
• To recognize you when you return to the Services;
• To personalize the Services according to your preferences and individual interests;
• To notify you about changes to the Services and our policies;
• To carry out our obligations and enforce our rights arising from any contracts between you and us, including this Policy and our Terms of Service;
• To monitor and analyze traffic and usage trends related to the Services;
• To verify the integrity and security of the Services;
• To improve the Services and provide customer service;
• To investigate and prevent unauthorized or prohibited uses of the Services;
• For marketing or advertising purposes; and
• For any other purpose with your consent.

6. Do we share your personal information with third parties?

We may share publicly available information and de-identified information with third parties without restriction. However, we may only disclose your personal information to:

• Our subsidiaries, affiliates, contractors, service providers, and other third parties as necessary to provide the Services to you;
• Potential buyers or other successors in the event of a merger, joint venture, assignment, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of assets including bankruptcy, liquidation, or similar proceeding;
• Law enforcement authorities, government agencies, and private litigants, such as in response to lawful criminal, civil, or administrative process or discovery requests, subpoenas, court orders, writs, or reasonable requests of authorities or persons with the reasonable power to obtain such process;
• Any other party as necessary to identify, contact, or bring legal action against someone who may be violating our policies;
• Any other party as necessary to protect the rights, property, or safety of us, our users, or the general public, including but not limited to disclosures for the purposes of fraud protection and credit risk reduction; and
• Any other party with your consent.

7. What choices do you have over your personal information?

We strive to provide you with choices about the personal information you provide directly to us. You can always delete or restrict any personal information that you provided directly to us. In the case of personal information contained in your content, you may (i) change the privacy settings associated with the content and/or your account, or (ii) delete the content containing the personal information from your profile. In all other cases, we will delete any personal information that you have provided directly to us, if you request to permanently delete your account. However, we may retain your personal information for any use set forth herein. Further, we may refuse to accommodate any change if we believe doing so would violate any law or legal requirement or cause the information to be incorrect.

We also strive to provide you with choices about the personal information that we collect from you automatically. You may refuse to accept cookies by activating the appropriate setting on your browser. To learn how you can manage your other cookies, visit www.allaboutcookies.org/manage-cookies/. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, we will issue cookies when you access the Site.

Do Not Track (“DNT”) is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your browser history collected over time and across websites or online services. However, we do not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information, visit www.allaboutdnt.com.

We do not control third parties’ collection or use of your personal information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

8. How long do we retain your personal information?

Except as otherwise permitted or required by applicable law or regulation, we will retain your personal information only for as long as necessary to fulfill any use of your personal information set forth herein. However, we reserve the right to retain publicly available information and de-identified information for any legitimate business purpose without further notice to you or your consent.

9. Is my personal information secure?

We are committed to data security, and we have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, change, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. However, you understand and agree that the transmission of your personal information over the Internet is not completely secure. While we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures used by the Site.

10. No Third-Party Rights

This Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Services.

11. International Users

This Policy is intended to cover collection of personal information within our home jurisdiction. Some countries may require stricter privacy policies than those described in this Policy. If you are accessing the Site from a foreign country, you understand and agree that your personal information may be transferred to, stored, and processed in our home jurisdiction or the jurisdiction of the third parties described herein, and that the data protection and other laws of our home jurisdiction or the jurisdiction of such third parties might not be as comprehensive as those in your country.

12. State Privacy Rights

• Nevada: We do not meet the triggers of Nevada Revised Statute Chapter 603A. While we do not sell your personal information, Nevada residents may submit an opt-out request to [email protected] which we will honor if we sell your personal information at a future date.
• Colorado: We do not meet the triggers of Colorado Privacy Act.
• Virginia: If you are a resident of Virginia, you may exercise certain privacy rights, twice per year, by submitting a request to [email protected]. You may always access, correct, and/or delete certain personal information by logging into your account and accessing, correcting, or deleting your content and other profile information. If we deny your request, you may submit an appeal to [email protected].
• Your California Privacy Rights: We do not meet the triggers of California Civil Code §1798.83, because we do not disclose personal information to third parties for direct marketing purposes. However, we comply with the California Consumer Privacy Act of 2018 (“CCPA”). The below privacy notice for California residents supplements the information contained above and applies solely to all visitors, users, and others who reside in California. We adopt this notice to comply with the CCPA and any terms defined in the CCPA have the same meaning when used herein.

Information We Collect

Our Site collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, our Site has collected the following categories of personal information from its consumers within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A 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.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital 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).	YES
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	YES
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES

Our Website obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.
• Indirectly from you. For example, from observing your actions on our Site.
• Third parties, for example, our business partners.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment. We may also save your information to facilitate new product orders.
• To provide, support, personalize, and develop our Website, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise stated in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
• To verify your identity.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

• Service providers.
• Internet cookie data recipients, like Google Analytics.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category F: Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties:

• Service providers.
• Internet cookie data recipients, like Google Analytics.

Sales of Personal Information

In the preceding twelve (12) months, Company had not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion 0), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us at either:
[email protected]
www.fanvibes.co

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Site and update the notice’s effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.