General Terms
Content
General Terms
Terms
Information We May Collect
Use and Disclosure/Sharing of the Information We Collect
Anonymized and Aggregated Information
Children
Security Procedures
Retention of Data
Access, Correction and Withdrawal of your Personal Information
Updates
Applicable Law and Jurisdiction
Contact Us
- General Terms
Fanbuff Technology India Private Limited, a company incorporated under the laws of India and bearing the Corporate Identification Number (CIN) U72900HR2021PTC099196 ("FanClash", "we", "us" or "our"), recognize the value of the Personal Information (defined below) of its users ("User", "you", "your"). FanClash offers tournaments, contests and games including fantasy sports games and other esports games and other online and mobile services adjacent thereto (collectively, "Services"). This privacy policy ("Policy") governs the collection and processing of the information that our Users share with us while using our website, as accessible at https://fanclash.in/, mobile application(s) and/or any other portals through which we provide our Services (collectively, "Portal").
This Policy explains what information we collect about you while you access and use the Portal; why we collect this information; how we use your information; how we protect and share your information; the choices we offer you, including your ability to access and update your information and make certain choices about how your information is used.
With a view to offer an enriching and holistic internet experience to its Users, FanClash offers a vast repository of Services. You may be required to register on the Portal to receive some of our Services.
Before you submit any information to the Portal, please read this Policy carefully to understand our privacy practices and how we will treat your Personal Information. By accessing and/or using any part of the Portal, submitting information to us, or signing up for any promotions or Services offered by us, you agree and consent to the collection, use, processing, storage, disclosure, transfer and maintenance of your Personal Information for the purposes outlined in this Policy. If you do not agree to this Policy, please do not access or use the Portal.
Please note that certain features of the Portal and the Services we offer require the provision of your Personal Information. While you have the option not to provide us with certain information or withdraw consent to collect certain information, kindly note that in such an event you may not be able to take full advantage of the entire scope of features and Services offered to you and we reserve the right not to provide you with our Services.
If you are under the age of Eighteen (18) years, you cannot access our Portal.
You may contact our grievance officer, through the contact information provided herein, in case of any queries regarding how we collect, manage, store, or process your information.
- Terms
This Policy forms part of and shall be read in conjunction with, the Terms and Conditions, which can be accessed at https://fanclash.in/terms-and-conditions ("Terms"). All capitalized terms used, but not otherwise defined herein, will have the meaning ascribed to them in the Terms. In the event of any conflict, inconsistency or conflict between this Policy and the Terms, the terms set forth in this Policy will prevail specifically in relation to the matters stated herein.
- Information We May Collect
Information you provide: Personal information means any information that relates, directly or indirectly, to an individual, who is identified or identifiable from that information or from such information in combination with other information in the possession of FanClash or any third parties engaged by FanClash and may include sensitive personal information ("Personal Information"). We may ask you to provide only such Personal Information which is required and necessary for lawful purposes in connection with your use of the Portal and our Services. We do not use your Personal Information, including your sensitive personal information, for any purposes other than those provided for under this Policy. Such Personal Information may include:
- Your full name, username, e-mail address/mobile number, date of birth, city, and state in which you reside in India, and details in relation to your national identity card such as AADHAAR/PAN Card;
- Your hardware configuration, console ID, software products played, survey data, purchases, Internet Protocol address ("IP Address"), type of browser used, details regarding the systems/Devices (defined below) you have accessed or used the Portal and/or our Services on, and geo-location details including without limitation region, country, state and city;
- Your financial information, such as credit or debit card details, bank account number and IFSC code;
- Your search history and purchase activities on the Platform including without limitation your browsing and behavioral patterns; and
- The content, images, documents, feedback, and reviews uploaded by you on the Portal or otherwise provided to FanClash.
During the course of your access or use of the Portal, we may request you to provide additional Personal Information in order to verify your identity and/or in order to disburse prize money.
Information we collect: We may collect information that either you provide to us by registering or creating an account on, and accessing or using, the Portal and/or our Services, or that we automatically collect when you interact with, visit, access or use the Portal. Some of the information we collect in the said manner may qualify as Personal Information. The information we may collect from you includes the following:
- Registration and Profile Information: You are required to provide certain information at the time of registration, and creation of your account, on the Portal, which may include without limitation e-mail address, place of residence, contact number(s). Upon creation of your account, you may choose to provide additional information to your profile by using your "Profile" settings
- Usage Information: FanClash and third-party providers engaged by FanClash use a variety of technologies that automatically collect certain information whenever you visit or interact with the Portal ("Usage Information"). This Usage Information may include, without limitation, your IP Address; information in relation to the browser that you are using such as its type and language; the domain name and Uniform Resource Locator (“URL”) that referred you to our Portal; date and time of your requests; search terms; domain name; date and time for each page you view; all of the areas within our Portal that you frequently visit, use and/or interact with, and the day of the week/month thereof. We also collect the name of and information about any advertisement or other link that brought you to us and such information does not personally identify you.
- Geo-location: We may use your IP Address to gather broad demographic information, such as your general geographic location, including region, country, state and city, and internet service provider. IP Addresses are also used to help determine the number of our Users, to maintain efficient administration of the Portal and our Services, to optimize user experience and to help us analyze aggregate usage behavior.
- Device Information: With respect to the computer, mobile phone, other wireless device, or any other Internet enabled device used by you to access the Portal and our Services ("Device"), we collect their corresponding IP Address and/or other unique identifiers ("Device Identifier"). A Device Identifier is a number that is automatically assigned to your Device used to access the Portal and our Services, and our computer networks identify your Device by its Device Identifier.
- Third-party websites: This Policy does not apply to any third-party website(s) and mobile application(s), even if such websites/applications are linked to our Portal. If you access our Services through other platforms, or our Portal leads you to third-party websites/applications, their privacy practices may differ from those set out under this Policy. FanClash has no control over the policies, actions or omissions of third-party websites and is not responsible or liable for any such policies, acts or omissions. If you submit Personal Information to any of those websites, your information is governed by the applicable third-party privacy policies and not by this Policy. We recommended that you review the privacy policies of such third parties before availing their services.
- Gaming and Tournament Information: We may collect information in respect of each game that you link with your account on our Portal, which includes without limitation username, list of friends, any form of identification within such game(s), rank/skill level which is based on your previous performance in such game(s), profile statistics, etc. We may also collect certain information with respect to your in-game actions or omissions when you play a game that has been linked with the Portal. Such information includes without limitation match statistics, match results, match replays, event logs, and anti-cheat logs, if any. When registration pages are set up by any User in relation to any tournament for a particular game ("Tournament Organiser"), additional information may be required to be provided by a User attempting to register for the said tournament. We may share such information with the Tournament Organiser.
- Payment Information: You will be asked to submit information to our payment processors including without limitation your first name and last name, e-mail address, date of birth (if required), and financial and billing information that is necessary for any payment within the Portal to be successfully carried out. Except for any financial information that you choose to provide while making payment for any Services on the Portal, FanClash does not collect any other sensitive personal information in the course of providing the Services. Any sensitive personal information collected by FanClash shall not be disclosed to any third party without your express consent, save as otherwise set out in this Policy or as provided in a separate written agreement between FanClash and you or as required by the applicable law. It is clarified that this condition shall not apply to publicly available information, including sensitive personal information, in relation to you on the Portal.
- Mailing List: In the event of the User signing up to our mailing list, we may require certain contact information such as your full name and your e-mail, as required for providing you the Services in connection with the mailing list.
- Analytics: We may collect information about your use of the Portal and our Services, including without limitation, how many times you visit and use the Portal; which pages you go to; traffic-related data; your IP Address; information regarding your internet service provider; your console ID; information regarding your Device's operating system and version; your Device's brand name and model; game-play attempts, progression and results; timestamps with respect to the start and end of any period/session during which the Portal and/or our Services are accessed and used, and the duration of such period/session; and the identification of any crashes of, and defects in, the Portal.
- E-mail, feedback and comments: We may store copies of any e-mail or similar communications between you and us, which can result in the collection of your e-mail address or other Personal Information contained in the text, addresses, or other fields of your e-mail or other communication, as well as the collection of your IP Address or other routing of your communication, and the date and time of your e-mail or other communication. All transmissions between you and us, including e-mails, URLs, cookie identification numbers, usage paths, and any personally identifiable information they might contain, pass through many third party machines, operating systems, programs, browsers, web servers, networks, routers, ethernet switches, internet service providers, proxy servers, intranets, the public telephone systems, or other devices, any of which may create activity logs containing such transmissions, and many of which we cannot control. We do not send e-mails asking for a User's username and password or any other username or password. We may retain any email, feedback, comments or other communication you send to us in order to process your inquiries, respond to your requests, improve the Portal or our Services, and may disclose, publish or use such communications without any obligation to you.
- Cookies: Cookies are small data files sent from the Portal and stored in the User's web browser, mobile phone, or other Device while the User is visiting parts of the Portal and/or using certain features of the Portal. We use cookies and other online tracking technologies, such as flash cookies, pixel tags, web bugs, web beacons and web storage, ("Cookies") to collect your information, including without limitation your Usage Information and assign each visitor a unique random number as a User Identification (User ID) to understand the User's individual interests using the identified computer and to monitor and improve the Portal and our Services. Your web browser allows you to enable, limit or disable the use of Cookies. If you choose to disable Cookies on your Device, some features of the Services we offer may not function properly or we may not be able to customize the delivery of our Services to you. FanClash has no way of knowing who the User is, even if we assign a cookie to the User's computer. The only Personal Information a cookie can contain is information supplied by the User. FanClash cannot control the use of cookies and other such tracking files/technologies, or their resulting information, by third parties. The use of third-party cookies and other such tracking files/technologies is not covered by this Policy.
- FanClash's web servers automatically collect limited information about User's computer's connection to the Internet, including User's IP address, when the User visits the Portal. (User's IP address is a number that lets computers attached to the Internet know where to send data to the User -- such as the web pages viewed by the User). The User's IP address does not identify the User personally. FanClash uses this information to deliver its web pages to Users upon request, to tailor its Portal to the interests of its users, to measure traffic within the Portal and let advertisers know the geographic locations from where FanClash's visitors come.
Information shared by third parties:
- Referrals: If you are invited to the Portal by another User, such User can submit Personal Information about you such as your e-mail address or other contact information. FanClash may thereafter use this information to invite you to register with FanClash and participate in the game in relation to which you were invited. Your participation in any of the Game shall be subject to the terms of this Policy and the Terms for the use of the Portal. You hereby represent that you have consented and agreed to such disclosure to and use of your email address and Facebook username by FanClash. If you have provided FanClash with Personal Information of a third party, please ensure that you have obtained such third party’s consent in relation to the processing and disclosure of their Personal Information and that this Policy is brought to the attention of such third party.
- Third-party services: If you link, connect, or login to the Portal with a third-party service (such as Google, Twitter, Facebook, WhatsApp, Instagram, Twitch and Discord), you direct such a third-party service to send us information such as your profile information, registration details and contacts list, as available with such service or as authorized by you through your privacy settings with such third-party.
We may, from time to time, collect such relevant information about you as may be necessary from other third parties on a need-to-know basis. We may combine the information you submit under your account, or we collect during your usage of the Portal or our Services, with information from such third parties in order to improve your experience on the Portal and the quality of our Services.
Information collected by mobile applications:
- If you are using our mobile application(s), we may collect and use technical data and related information, including but not limited to, technical information about your Device, system and application software, and peripherals, which are gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to such mobile applications.
- The mobile application may automatically collect and store some or all of the following information from your mobile device ("Mobile Device Information"), in addition to the Device Information, including without limitation: (i) your preferred language and location; (ii) the brand name and model of your mobile device; (iii) your mobile operating system; (iv) the type of mobile internet browser(s) you are using; (v) your geo-location; (vi) information about how you interact with the mobile application and any of our websites to which the mobile application links, such as how many times you use a specific part of the mobile application over a given time period, the amount of time you spend using the mobile application, how often you use the mobile application, actions you take in the mobile application and how you engage with the mobile application; and (vii) information to allow us to personalize the Services and content available through the mobile application.
- Permissions required upon the installation of the mobile application for its effective functioning include access to your SMS, contacts, location, microphone, identity, Device and caller ID, Wi-fi information, photo, media or file gallery, and notifications.
- Use and Disclosure/Sharing of the Information We Collect
We use and share the information we collect about you with certain third parties, including without limitation our service providers, contractors, vendors, partners, related entities, affiliates, only in accordance with applicable laws, and subject to the terms of this Policy and as set forth below:
To facilitate your use of the Portal: We, or any third party acting on our behalf, may use the information we collect about you for the purposes set forth below:
- To verify your identity;
- To provide, maintain, develop and improve our Services;
- To provide updates and upgrades of the Portal;
- To personalize your use of our Services;
- To process transactions and billing, for identification and authentication purposes;
- To identify, monitor and remedy any technical issues in the Portal and any attempted circumvention of device security;
- To communicate with you in relation to transactions, security, privacy, and administrative issues in connection with your use of the Services;
- To allow you to receive customer care services and respond to your enquiries, claims, feedback, comments, or any other concerns;
- To provide you with any information about services we consider similar to those that you are already using, or have enquired about, or may interest you;
- To generate and review reports and data about, and to conduct research on, our user base and service usage patterns, and to improve the layout of the Portal and our offerings;
- To measure and understand the effectiveness of advertising we serve to you and other Users, and to deliver relevant advertising to you;
- To comply with applicable laws, rules and regulations;
- To communicate important notices or changes to the Services provided by us, use of the Portal and Terms which govern the relationship between you and FanClash;
- To enforce our policies;
- To resolve disputes with other Users;
- To enforce agreements with any third parties; and
- To administer and enhance the security of our Portal and Services, and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes. Third parties who provide technical support for the operation of our Services, such as web, hosting, inventory management, content optimization, connection checking, remote customer support and account management purposes, may need to access such information from time to time, but are not permitted to disclose such information to others.
To display on your public profile: You may make certain information, including your Personal Information, publicly visible to others which may include without limitation your profile picture, your username and the short description about you to other Users. We may display parts of your public profile and other content you make available to the public like listing details on third-party websites, platforms and applications. Information you share publicly on the Portal may be indexed through third-party search engines. In some cases, you may opt-out of this feature in your account settings. We will not publicly display any sensitive personal information that you provide to us.
To share information with third parties: It may be necessary or appropriate for us to provide access to your Personal Information to third parties such as our service providers, contractors, vendors, partners and affiliates, in order to operate the Portal, our Services and our business. FanClash may also share information as provided by you and data concerning usage of the Services and participation in the tournaments, contests and games on the Portal with third party service providers engaged by FanClash, for the purpose of data analytics or other similar purposes, for the purpose of storage, improving the Services and helping FanClash serve you better. FanClash may share information as provided by you and data concerning usage of the Services and participation in the tournaments, contests and games on the Portal with its commercial partners for the purpose of facilitating user engagement, for marketing and promotional purposes and other related purposes. Where practical, we will seek to:
- Obtain confidentiality agreements consistent with this Policy and that will limit others’ use or disclosure of the Personal Information you have shared; and
- Require such third parties to protect your Personal Information and meet our data security standards, including ensuring they are bound by legally enforceable obligations to comply with all applicable personal data protection requirements, while such Personal Information remains in its possession or under its control.
- We may choose to anonymize your Personal Information before sharing it with any third party.
To enforce our legal obligations: We may also share your Personal Information if we are required to do so by law or we in good faith believe that such action is necessary to: (a) comply with the law or with legal process (such as pursuant to court order, or instructions by governmental authority, or a request by law enforcement officials); (b) to protect, enforce, and defend our Terms, rights (including intellectual property rights) and property, and the terms of agreements we are party to; (c) protect against the misuse or unauthorized use of the Portal or our Services; or (d) protect the personal safety or property of our Users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
To carry out advertising and marketing:
- We may use the information you share with us to (i) send you promotional messages and e-mails, marketing, advertising, and other information based on your preferences; (ii) provide features that benefits you; (iii) carry out social media advertising through social media platforms, personalize, measure, and improve our advertising, administer referral programs, rewards, surveys, contests, or other promotional activities or events sponsored or managed by FanClash or its third-party service providers, contractors, vendors, partners or affiliates, and invite you to events and relevant opportunities (iv) contact you about the Services availed by you or to inform you of our updated Services if any.
- Several deceptive emails, websites, blogs etc. claiming to be from or associated with FanClash may or are circulating on the internet. They often include our logo, photos, links, content or other information and may call the user to provide login name, password, or that the user has won a prize/ gift or provide a method to commit illegal/ unauthorized act or deed or request detailed Personal Information or a payment of some kind. The sources and contents of these emails, websites, blogs etc. and accompanying materials are in no way associated with FanClash. For your own protection, we strongly recommend not responding to emails or using such websites, blogs etc.
Business transfers: In the event FanClash undertakes or becomes involved in a merger, acquisition, reorganization, any form of sale of some or all of our assets, bankruptcy, or an insolvency event, then we will provide notice to you if such a transaction results in your information being subject to a different policy.
Companies in the group: We may share your Personal Information with our group companies or associate entities in order to improve personalization and efficiency of the Portal and/or our Services. This will enable us to provide you with information about various products and services or help us address your questions and requests in connection with the Portal and/or our Services. In the event FanClash sells or transfers all or a portion of its business assets, information of its Users may be one of the business assets that are shared, disclosed or transferred as part of the transaction. You hereby expressly grant consent and permission to FanClash for disclosure and transfer of information to such third parties.
Companies in the group: We may share your Personal Information with our group companies or associate entities in order to improve personalization and efficiency of the Portal and/or our Services. This will enable us to provide you with information about various products and services or help us address your questions and requests in connection with the Portal and/or our Services. In the event FanClash sells or transfers all or a portion of its business assets, information of its Users may be one of the business assets that are shared, disclosed or transferred as part of the transaction. You hereby expressly grant consent and permission to FanClash for disclosure and transfer of information to such third parties.
- Anonymized and Aggregated Information
We may anonymize or aggregate information collected from you through the Portal or other means, such as the use of third-party web analytical tools. Such anonymized or aggregated information will not be capable of being used to personally identify any individual User. Aggregated information is information recorded about Users and collected into groups so that it no longer reflects or references an individually identifiable User. You understand, acknowledge and agree that the use, disclosure and transfer of anonymized or aggregated information is not governed or restricted by this Policy.
- Children
We do not knowingly market or advertise our Services to children under the age of Eighteen (18) years. Our Terms prohibit Users who have not attained the age of Eighteen (18) years from accessing the Portal or our Services unless they have obtained consent from their parents or legal guardians. In the event we learn that we have collected Personal Information from a child under the age of Eighteen (18) years without consent from their parents or legal guardians, we will delete such Personal Information. If you believe that we might have any Personal Information from or about a child in contradiction with the abovesaid, please contact us through our grievance officer, whose contact details are provided under Clause 13 of this Policy.
- Security Procedures
The security and confidentiality of your Personal Information is extremely important to us. We have implemented technical, administrative and physical security measures to protect your Personal Information from unauthorized access and improper use, and review such measures from time to time.
If we collect information from your Device, we encrypt it while it’s being transferred to us. Once your information reaches our servers, as part of our security program, we employ standard procedures and safeguards, such as maintaining firewalls and having an intrusion detection system, to protect the confidentiality, security and integrity of the information we maintain. We use commercially reasonable computer security safeguards to protect our databases and servers against risks of loss, unauthorized access, destruction, misuse, modification, or inadvertent or improper disclosure of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
All information gathered by FanClash is securely stored within a database controlled and managed by us. The database is stored on our servers, and secured behind a firewall with access to such servers being password-protected. We restrict access to Personal Information to our employees, service providers, contractors, vendors, partners, agents and affiliates who need to know that information in order for us to provide, develop or improve the Portal and our Services. However, as with any information travelling over the internet and kept in servers, no security system is impenetrable. Thus, we cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. Any information you transmit to us, you do so at your own risk. Further, any information you include in a posting to the discussion areas or on your profile will be available to anyone with Internet access. By using the Portal, you understand and agree that your information may be used in or transferred to countries other than India.
When we work with third parties, we require that they maintain the confidentiality, security and integrity of the information and commit that the information is not used for any prohibited purpose.
- Retention of Data
Unless any applicable law, regulation or governmental/court order permits a longer period of retention, we will hold your Personal Information on our computer networks for as long as is necessary for the fulfillment of the purposes outlined in this Policy, or until you request for the withdrawal of your Personal Information, whichever is earlier. Please note that even if we delete your Personal Information, it may persist in backup or archival files for legal, taxation or regulatory purposes.
- Access, Correction and Withdrawal of your Personal Information
You may seek a copy of, request us to modify or correct, withdraw, your Personal Information provided directly to us in connection with the Portal and/or our Services, by writing to us at info@fanclash.in. We will make reasonable efforts to comply with your request within 72 days of receipt of such request.
Please note that if your Personal Information has been provided to us by a third party, you must contact such third party directly to make queries, feedback, and access and correction requests to FanClash on your behalf.
Please note that if you withdraw your consent to any or all use of your Personal Information, depending on the nature of your request, FanClash may not be in a position to continue to provide its Services to you or administer any contractual relationship in place.
You agree to promptly notify FanClash of any changes, updates or modifications to your Personal Information that you provided directly to us. You may also review, update or modify your Personal Information and user preferences by logging into the 'Profile' page on the Portal.
- Updates
FanClash may, at its sole discretion, modify this Policy at any time. Whenever we do so, the revised Policy will be posted and the 'Last Updated' date, will be updated at the top of this Policy. You are requested to keep yourself updated with the Policy from time to time. Your continued usage of the Portal will be deemed to be an acceptance of the modifications of the Policy.
- Applicable Law and Jurisdiction
By accessing and/or using this Portal or our Services, you agree that the laws of the Republic of India, without regard to its conflict of laws principles, govern this Privacy Policy, and any dispute arising in respect hereof shall be subject to and governed by the dispute resolution process set out in the Terms.
- Contact Us
If you have any questions, comments, requests, notices, feedback or grievances in respect of this Policy or the usage of your Personal Information, you may reach out to us at info@fanclash.in or via registered post addressed to:
Attn: Fanbuff Technology India Private Limited,
1B, First Floor, OCUS Technopolis,
Suncity, Sector-54, Gurgaon, 122022, Haryana