Privacy PolicyUpdated 9 months ago
PRIVACY POLICY
This Privacy Policy applies to all of Fathead or Fathead-affiliated companies (collectively, “Fathead”) 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.
For Fathead’s consumers residing in California, Colorado, Connecticut, Utah, and Virginia, please refer to the other information on our state-specific privacy policies here.
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.
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 serv ices, 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 13. 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 13. If a child Fathead knows to be under the age of 13 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.
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.
Contact Us. If you have questions about Fathead’s Privacy Policy or our services, send an email to [email protected].
FATHEAD’S CALIFORNIA PRIVACY POLICY
Last Modified: 3/10, 2023
California Law affords consumers residing in California certain rights with respect to their personal information. If you are a California resident, this is an addendum to Fathead’s Privacy Policy.
Personal Information Fathead Sold or Disclosed for a Business Purpose With Others. Fathead does not sell customer data. However,
Iin the preceding 12 months, we have disclosed for a business purpose to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:
Identifiers (e.g., 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);
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her 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;
Characteristics of protected classifications under California or federal law;
Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement);
Geolocation data;
Audio, electronic, visual, thermal, olfactory, or similar information;
Professional or employment-related information;
Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
2. Your Rights Under California Law. You have the right under the California Consumer Privacy Act of 2018 and certain other privacy and data protection laws.
To Request Information About The Categories And Specific Pieces Of Personal Information We Collect, Use, Disclose And Sell. You have the right to know about the categories of personal information we have collected about you; The categories of sources from which the personal information is collected; our business or commercial purpose for collecting or selling personal information; The categories of third parties with whom we share personal information, if any; And the specific pieces of personal information we have collected about you. Please note, Fathead is not required to: Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or provide the personal information to you more than twice in a 12-month period.
Personal Information Sold Or Used For A Business Purpose. As to any personal information we may sell or disclose to a third party for a business purpose, you have the right to know about: The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and the categories of personal information that we disclosed about you for a business purpose.
To Opt Out Of The Sale [Or Disclosure] Of Your Personal Information. If you exercise your right to opt out of the sale [or disclosure] of your personal information, we will refrain from selling your personal information, unless you subsequently authorize the sale of your personal information. To opt out of the sale [or disclosure] of your personal information, visit our homepage and click on the Do Not Sell My Personal Information link here: [URL].
Right To Deletion. Subject to certain exceptions set out below, upon receipt of a verifiable request from you, Fathead will: Delete your personal information from our records; and Direct any service providers to delete your personal information from their records. Fathead will not delete your personal information if it is necessary to: Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; Identify and repair errors that impair existing intended functionality; Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; Comply with the California Electronic Communications Privacy Act; Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; Comply with an existing legal obligation; or Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Not To Be Subject To Discrimination For Exercising Your Rights Under The CCPA. This means if you exercise your rights under the California law, Fathead will not: Deny goods or services to you; Charge different prices or rates for goods or services; Provide a different level or quality of goods or services to you. Fathead may charge a different price or rate or provide a different level or quality of [goods and/or services] to you, if that difference is reasonably related to the value provided to our business by your personal information.
Right To Correction. You have the right to request that Fathead correct any inaccurate personal information.
The Right To Limit Use And Disclosure Of Sensitive Personal Information. You have the right to limit Fathead’s use and disclosure of your sensitive personal information as defined under California law.
Exercising Your Rights. If you have questions or requests related to your rights under the California law, you (or your authorized agent) can also 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.
FATHEAD’S COLORADO PRIVACY POLICY
Last Modified: March 10, 2023 and effective July 1, 2023
The Colorado Privacy Act affords consumers residing in Colorado certain rights with respect to their personal information. If you are a Colorado resident, this is an addendum to Fathead’s Privacy Policy.
Your Rights Under Colorado Law Regarding Your Personal Information. Under the Colorado Privacy Act, some residents of Colorado have rights regarding their personal information.
Right Of Access. You have the right to confirm whether Fathead is processing your personal information and to access this personal information.
Right to Correction. You have the right to request that Fathead correct any inaccurate personal information.
Right To Deletion. You have the right to request Fathead delete your personal information that we have collected about you.
To Opt Out. You have the right to opt out of targeted advertising and the sale of your information (as defined under Colorado law).
Exercising Your Rights. If you have questions or related to your rights under the Colorado Privacy Act, you (or your authorized agent) can also contact Fathead by sending an email to [email protected].