Privacy Policy

Effective Date: January 22, 2024

This Privacy Policy applies to all of Fathead LLC, our brands, subsidiaries and Fathead-affiliated companies (collectively, “Fathead”, “we”, “us”, or “our”) and covers the way Fathead handles personal and private information obtained from its platforms and services, including our websites, applications, technology and other services. This Privacy Policy applies not only to personal information that directly identifies individuals, it also applies to personal information that can reasonably be used to identify an individual.

This Privacy Policy does not apply to non-personal information, such as aggregated data. Nor does this Privacy Policy apply to any third-party service used in connection with Fathead’s services. Fathead encourages you to read any third-party privacy policies.

Together with providing information about Fathead, this Privacy Policy also explains how and why we collect, store, use, and share your personal information. It also explains your rights in relation to your personal information and how to contact us or if you have a complaint. We encourage you to review the Privacy Policy whenever you interact with us to stay informed about our information practices and the ways you can help protect your privacy. Capitalized terms not defined herein shall have the meanings ascribed thereto in our Terms of Service.

For Fathead’s consumers residing in states with state-specific privacy laws please refer to the other information on our state-specific privacy policies below.

Personal Information Fathead Collects From You. We may collect and use the following personal information that identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

Account Information. Fathead may collect data which you provide us that is associated with services you obtain from us including your name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, phone number, or device information.
Transaction and Payment Information. Fathead may collect data you provide us during a transaction including your bank account number, credit card number, debit card number, or any other information about your purchase of products or services from Fathead.
Information That You Provide to Fathead. Fathead may collect data you provide Fathead during your conversations with Fathead, including those with Fathead’s customer support, or any contact made through social media.

Analytical Data from Cookies and Third-Party Technologies. Fathead collects information through the use of “cookies,” tracking pixels, data analytics tools like Google Analytics, in order to serve advertising banners on third party sites. We do not facilitate the merging of personally-identifiable information with non-personally identifiable information collected through any Google advertising product or feature. Google makes available a Google Analytics Opt-Out Browser Add-on that prevents your web data from being used by Google Analytics. To learn more and to install the browser add-on, go here. You can learn more about Google Analytics and privacy here. Fathead’s cookie policy can be found here. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites. In addition, many web browsers support Do Not Track technology. However, if you enable Do Not Track, some third-party companies may not recognize browser “Do Not Track” signals. If you would like to opt out of the collection and use of tracking data for ad targeting, please visit www.aboutads.info/choices/.

This personal information is required to provide you Fathead’s products and services. If you choose not provide Fathead with this personal information, it may delay or prevent us from providing you with our products and serv ices, or otherwise respond to requests you may have.

This personal information is required to provide you Fathead’s products and services. If you choose not provide Fathead with this personal information, it may delay or prevent us from providing you with our products and services, or otherwise respond to requests you may have.

Personal Information Fathead Receives From Others. We may collect and use the personal information about you from other individuals, business, or third-parties.

Individuals. Fathead may collect data about you when others provide it to us. For example, Fathead may use collect personal information obtained in connection with the purchase of a gift card, use of Fathead’s services including its Fathead’s Fastcash Reward program, or when someone refers your information to us as part of Fathead’s referral program.
Per your direction. Fathead may collect information about you when you direct other individuals, representatives, or third parties to share information with Fathead. For example, you may direct a third-party technical support service to share your information with Fathead to so that Fathead can best assist you.
Others. Fathead may collect information about you when provided by other third-parties including law enforcement, attorneys, insurers, for example as part of an investigation into an incident or to provide you support.

Fathead’s Use of Personal Information. Fathead uses your personal information to provide you its products and services, communicate with you, provide customer support, and to comply with its legal obligations and rights. With your consent, Fathead may also use your personal information for other purposes. Fathead uses personal information only if it has legal basis to so.

Providing Goods and Services. Fathead may use your personal information to perform our contract with you or to take steps at your request before entering a contract.
Preventing Fraud. Fathead may use your personal information for its legitimate interests or those of a third party, to minimize potential fraud that could be damaging for us and for you.
Complying with Legal Obligations. Fathead may use your personal information to comply with applicable laws and regulatory obligations, to respond to legal process, enforce our Terms of Service, or to exercise or defend legal claims.
Streamlining Fathead’s Operations. Fathead may use your personal information for operational reasons, such as improving efficiency, training and quality control, ensuring our policies are adhered to, performing statistical analysis, and updating and maintaining customer records.
To Further a Legitimate Interest. Fathead may use your personal information for our legitimate interest or those of a third party. Fathead may use your personal information for marketing our goods and services.

Promotional Communications. Fathead may use your personal information to send you updates (by email, text message, telephone or post) about our products and services. Fathead has a legitimate interest in processing your personal information for promotional purposes. If consent is legally required to send you promotional communications, Fathead will ask for this consent separately.

Fathead will always treat your personal information with the utmost respect and never sell it your personal information to other organizations for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by:

Contacting us at [email protected];
Using the “unsubscribe” link in emails or “STOP” number in texts; or
updating your marketing preferences on our preference center.

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products or services in the future, or if there are changes in the law, regulation, or the structure of our business.

Personal Information Fathead Shares With Others. Fathead may share personal information with Fathead-affiliated companies, service providers acting on Fathead’s behalf, its partners, and others at your direction.

Service Providers. Fathead engages third parties to provide services on its behalf, such as providing customer service, to facilitate payments and financial transactions, and to deliver Fathead’s products, to host Fathead’s website, or to perform marketing services. Fathead will only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you.
Gorgias and WillDesk. If you use our Fathead’s Customer Service messaging feature, you will provide us personal information including your name, email address, and any information you chose to provide in your message. Gorgias and WillDesk provide Fathead’s Customer Service messaging feature. Gorgias or WillDesk may collect, record, and store your personal information, and any information you provide in the chat. You can review Gorgias’s privacy policy here and WillDesk’s privacy policy here.
Others. Fathead may share personal information with others at your direction or with your consent. Fathead may also share and disclose your personal information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations. Fathead may disclose your personal information where there is a lawful basis for doing so, and if disclosure is reasonably necessary to enforce our Terms of Service, to protect our operations or users, or in the event of a change of corporate control such as a restructuring, merger, or sale of our assets.

Children and Personal Information. Under federal law, Fathead cannot knowingly collect any personal information from a child under the age of thirteen without the consent of that child's parent or guardian. Fathead’s Privacy Policy for the collection and use of personal information also applies to children under the age of 16. Purchasing Fathead’s products requires the use and submission of payment card information and other personal information. Certain promotional or rewards programs may also require the submission of personal information to use these services. Except in certain cases when limited contact information may be collected and not retained, Fathead’s products and services are unavailable to children under the age of 16. If a child Fathead knows to be under the age of 16 and for whom we have not received parental consent tries to purchase goods from or otherwise use Fathead’s services, which are unavailable to children, that child will be unable to access it and may receive a message informing them of the same. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us.

Security. We take security very seriously. Fathead has implemented reasonable technical, administrative and organizational security controls designed to protect the confidentiality, integrity, availability and resilience of data. These measures include utilization of encryption technologies, creation and maintenance of policy overseeing the management of the security program, role-based access controls, password management, vulnerability management and secure software development protocols.

Data Retention. The time period for which we retain your personal information depends on the purpose for which we use your personal information and the applicable law for that type of personal information and use. Fathead will keep your personal information for as long as you are using our services and platform or as long as we have a valid business purpose to do so and, thereafter, for no longer than is required or permitted by law.

Data sharing: Many wireless carriers have specific requirements for describing data-sharing provisions in your privacy policy. While the carriers may differ in what specific language they approve or deny, their overall objective is to assure consumers that their opt-in data and SMS consent status will not be shared in an impermissible or unlawful way. To be clear, these carrier guidelines function independently of any restrictions on data “sharing” or “selling” as defined by the various data privacy laws (such as the GDPR, CCPA, or other similar legislation) that may apply to your business.

Personal data and SMS opt-in information will not be disclosed to third parties for purposes beyond the scope of the relevant SMS campaign services. However, the aforementioned data may be shared with third-party service providers who facilitate messaging operations, which includes, but is not limited to, platform providers, telecommunication companies, and other vendors involved in delivering text messages.

Fathead.com uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS. The website employs cookies to monitor items placed in the shopping cart, including instances of cart abandonment. This data is subsequently utilized to determine the appropriate timing for sending cart reminder messages via SMS.

Cookies: Your Privacy Policy mentions that you use cookies to track your customers' activity. You'll need to specify that you also use cookies to track cart activity. There should be a disclaimer specific to cart reminders that discloses what tracking mechanisms (cookies, website plugins, etc.) are used to determine when a cart has been abandoned. Please refer to Section 2.1.4 of the attached short code application for example language.

Your Rights and Choices

You may be able to exercise certain privacy rights. The rights available to you depend on our reason for processing your personal information and the requirements of applicable law (i.e., your rights will vary depending on whether you are located In, for example, the European Union, the United Kingdom, Brazil, Canada, California, or other states). For residents of the European Union, please see our GDPR Statement. Specifically, you may have the following rights:

The right to confirmation on the existence of processing and to access the data: You may have the right to obtain from us confirmation as to whether personal information processed, and, where that is the case, to request access to the personal information. Depending on where you are located, you may also have the right to information about public and private entities with which the controller has disclosed personal data.
The right to correct incomplete, inaccurate, or out-of-date data: You may have the right to request that we correct any personal information about you that is inaccurate. Depending on the purpose of the processing, you also have the right to request that we complete the personal information we hold about you where you believe it is incomplete, including by means of providing a supplementary statement.
The right to the portability of data: You may have the right to request that we transfer the personal information we have collected about you to another organization, or directly to you, in a structured, commonly used, and machine-readable format, under certain conditions.
The right to request anonymization, blocking, or deletion of personal information: You have the right to request the deletion of your personal information we have collected from you, subject to certain conditions and limitations under the law.
The right to revoke consent: Where we rely on your consent to process your personal information, you have the right to withdraw that consent at any time with future effect. Depending on where you are located, you may also have the right to request deletion of personal data that was processed based on your consent, or the right to know the consequences of revoking your consent. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
The right to object to processing: You may have the right to object to our processing of your personal information, under certain conditions, and we can be required to no longer process your personal information. Such right to object may especially apply if we collect and process your personal information through automated decision making, such as profiling, to better understand your interests in our products and services or for direct marketing. If you have a right to object and you exercise this right, your personal information will no longer be processed by us for such purposes. Such a right to object may, in particular, not exist if the processing of your personal information is necessary to take steps prior to entering into a contract or to perform a contract already concluded.
The right to opt-out of the sale or sharing of personal information: We do not sell your personal information in exchange for monetary consideration. In the event that we disclose your personal information to third parties for their marketing purposes, you may have the right to opt out of that disclosure. You may also have the right to request further information about the disclosure of your personal information for those third parties' marketing purposes, such as the contact information of those parties, once per calendar year.
The right to limit the use and disclosure of sensitive personal information: We will only use sensitive or special personal information as needed for the purposes for which it was collected or with your consent. We do not currently process sensitive personal information for purposes that may be limited under applicable law. If this changes, we will notify you, and you may have the right to restrict such additional uses.
The right to non-discrimination for exercising a privacy right: We will not discriminate against you for exercising any rights.

Exercising Your Rights. If you have questions or requests related to your rights as set out above and according to your state or country specific law, you (or your authorized agent) can contact Fathead by sending an email to [email protected]. If you would like to exercise any of your rights as described in this Privacy Policy, please: Enough information to identify you [(e.g., your full name, address and customer or matter reference number))];Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and A description of what right you want to exercise and the information to which your request relates. Fathead does not have to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf. You may only make a California Consumer Privacy Act-related data access or data portability disclosure request twice within a 12-month period.

California Specific Notices

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes once per year. To make such a request, please contact us at the email address or address listed below in the Contact Us section. We reserve our right not to respond to requests submitted other than by the means specified in this section, if the request is not labeled or sent properly, or if the request does not have complete information.

California Consumer Privacy Act (“CCPA”) and California Privacy Rights Act (“CPRA”)

We have explained our privacy practices in full in the other sections of this Privacy Policy. The chart below describes categories of personal information we have or have not collected/disclosed for a business purpose to one or more third parties in the preceding 12 months. Some of these categories of personal information that we collect may include information that is considered sensitive under the CCPA/CPRA. Please see the other sections of this Privacy Policy for additional information about our practices and your rights.

Category	Examples	Collected (Y/N)	Disclosed to 3rd Party for Business Purpose (Y/N)
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.	Y	Y
Personal Information Categories – as 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. Some Personal Information included in this category may overlap with other categories.	Y	Y
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).	Y	N
Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Y	Y
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.	N	N
Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Y	Y
Geolocation data.	Physical location or movements.	Y	Y
Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	Y	N
Professional or employment-related information.	Current or past job history or performance evaluations.	Y	N
Non-public education information	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.	N	N
Inferences drawn from other Personal Information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	N	N
Equipment information.	Information about your internet connection, the equipment you use to access our Site, and usage details.	Y	Y

Notice of Financial Incentive

Under California regulations, certain programs we offer that provide benefits to consumers may be considered financial incentive programs. We may collect personal information from you in connection with these programs, e.g., contact information (name, email address, residential address) and certain commercial information for a number of reasons, including to administer the program, contact you with regard to your account (if any), to provide the benefits to you, to better serve you, and to fulfill your requests associated with the program.

To opt-in to the programs, you may need to provide certain information, register for an account and agree to the applicable program terms, or otherwise follow the instructions associated with that applicable program. Please also see the terms of the program you are joining for additional description of the program and any additional requirements. Participation in our programs is voluntarily and you can withdraw at any time.

To the extent that we provide a program that may be considered a financial incentive because the program is directly or reasonably related the collection, deletion or sale or retention of consumer personal information, the value is reasonably related to the overall value we receive from the personal information participants provide specific to the program minus the costs and expenses we incur in providing the program.

Changes To This Policy. Fathead may change its Privacy Policy from time to time–when we do, we will inform you via our website or other means of contact such as email.

Fathead LLC

535 Griswold Street, 4th Floor

Detroit, Michigan 48226

[email protected]

Privacy PolicyUpdated a month ago