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fubar Privacy Policy

Updated March 27, 2023

Thank you for visiting fubar, a Social Concepts, Inc. company ("fubar" or "we" or "us"). This Privacy Policy describes the personal data handling policies of fubar, including the following:

  • About fubar;
  • What personal data we collect, including from fubar’s online and mobile applications and services, including our website at fubar.com (collectively, the "Services"), and how we use the information;
  • With whom we may share the personal data;
  • Legal basis for processing the data;
  • Storage and security of your data;
  • Your Privacy Rights, Choices and Disclosures, including those for Europe and California;
  • Users outside the United States;
  • Linked Sites;
  • Privacy Policy updates; and
  • Contact Information.

1. About fubar

fubar.com is an online service that allows our members to set up unique personal profiles that can be linked together through networks of friends. fubar members can view each others' profiles, play online games with each other, communicate with old friends and meet new friends on the service, share photos, post journals and comments, and describe their interests. To enrich our members' experience, we request and display some personal information to other members and visitors, which allows our users to identify each other and expand their network of friends. fubar members can change their profile information at any time and can control how other members and the service communicates with them.

2. Personal Data We Collect or Process and How We Use It

  • Information Automatically Collected.

    The Services capture some information about visitors to our Services automatically utilizing background local storage and session storage technologies such as cookies and pixels (collectively, "Cookies"). Cookies are small files or other pieces of data which are downloaded or stored on your computer or other device, that can be tied to information about your use of the Services. Examples of information of this type are your IP address, the browser you are using, the operating system you are using, the pages on the website that you visit and details of your transaction activity, including if you have opened up our emails or if you completed a registration. When we use Cookies, we may use "session" Cookies that last until you close your browser or "persistent" Cookies that last until you or your browser delete them. You may change your browser setting to decline the use of Cookies.

    We use Cookies to store visitors’ preferences and to record session information.

    Our Services may include advertisements, and ads appearing on the Services may be delivered to users by fubar or one of our advertising partners. Our advertising partners may set cookies, which would allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by fubar and does not cover the use of cookies by any advertisers. Advertisers' use of cookies is subject to their own privacy policies, not the fubar Privacy Policy.

    We use Google Analytics, which use Cookies to identify the frequency of use of certain areas of our website and to identify preferences. For more information regarding how Google collects, uses, and shares your information please visit www.google.com/policies/privacy/partners. Google will use this information to analyze your use of the Services, compile reports on activity for us, and perform further services associated with website use and Internet use. Google may also transmit this information to third parties where required by law or to the extent that third parties process these data on behalf of Google. While you can deactivate Google Analytics using a browser add-on https://tools.google.com/dlpage/gaoptout?hl=en if you do not wish the analysis to take place, our website will not operate unless you accept cookies.

    You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from fubar in order to use the site.

  • Information you provide to us voluntarily.

    In order for a user to register and become a fubar member, we collect (and require) an email, password, screen name (or nickname), date of birth and gender.

    We use email address and password to authenticate members and to communicate with our users, including to send updates, a newsletter, or news regarding the Services. Members may choose not to receive emails of this type, or change the number and frequency of emails, by changing their "notification" setting in their profile settings. Members within a personal network communicate on fubar with each other through the fubar service, without disclosing their email addresses.

    We collect age information to ensure our members are 18 years of age or older.  We collect gender information to assist members in finding and communicating with each other and to group our players according to gender, as game play on the Services is divided between men and women.

    fubar also collects other, optional profile data including but not limited to first and last name, location (city, state and country or postal code) and relationship status. Members may upload a profile picture, which may be displayed along with the member’s screen name to other members in order to facilitate user interaction in the fubar social networking community. Members’ full names are not directly revealed to other members, although fubar users are able to search members by their screen name or email address. You may indicate in your profile settings who can view your profile and whether members can be notified when you view their profiles.

    From time to time, fubar or a partner, may sponsor a promotion, sweepstake or contest on fubar. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate.

    Some features on the Services require the payment of a fee, such as the purchase of coins and subscriptions and to advance in games, in which case we work with a payment processor and collect your name, billing address and payment card information. You have the option of allowing fubar to save your payment information via a token (which is not complete payment card information) for your convenience in connection with future purchases.

    We collect game play information from our users and provide a leaderboard that shows how everyone did, so your game play will be available for viewing by other users.

  • Information collected from our members and social media accounts.

    fubar members may store email addresses of people they know in their internal fubar address book and may choose to send invitations and other communications to those addresses via the Services’ automated invitation system. If you are an invitee, your information may be provided to us by a registered user. Recipients of invitations from fubar may contact fubar to request the removal of their information from our database.

    Members may also invite friends to fubar using their social media accounts. When you visit or link to social media pages, data is processed both by us and the applicable social media provider. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers. Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.

  • No users under 18.

    We do not knowingly collect information from users of our website under the age of 18 and/or their internet usage, and such persons are not authorized to use the Services. If we obtain actual knowledge that a user is under 18, we will take steps to remove that user's personal information from our databases. By using the Services, you represent that you are at least 18 years old. You also represent, by accessing or using the Services, that you are of legal age to enter into legal agreements, or if you are not, that you have obtained your parent’s or legal guardian’s consent to accept the terms in this Privacy Policy.

  • Other uses of the data.

    We use the personal data we collect to administer the Services and the game play for our users, manage user accounts, respond to your inquiries, complete transactions you initiate, enhance the Services, perform our contractual obligations, provide updates and other important information related to your activity on and with the Services (e.g., service announcements and transactional notices), inform you of new services or changes in Services (e.g., marketing communications and notices of special offers), process payments, fulfill legal obligations we have to governmental authorities or other third parties, and for other legitimate business purposes.

3. With Whom We Share Personal Data

fubar is a provider of services headquartered in the United States, and as such may need to share information with internal personnel and our affiliates located in different geographic locations in order to perform our Services. We may also share your personal data to third parties (within or outside your country of residence) who perform services on our behalf, including without limitation our analytics providers, lead generators, hosting providers, payment processors and professional advisors.

fubar may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Services. fubar reserves the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. fubar also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

In connection with a promotion, sweepstake or contest that is sponsored by a third party, we may transfer personal information to the third parties from which you have expressly requested to receive information. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.

We may share your data with a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock with such third party
We may share aggregated and de-identified information with third parties (within or outside your country of residence) for analytical, research or other similar purposes.

fubar may obtain your written consent from time to time in electronic form by using online agreements or other acknowledgements on the Services, including for any other contemplated uses of your personal data not addressed in this Privacy Policy. Please read all online agreements carefully before accepting them.

4. Grounds for Using Your Personal Data

We rely on the following legal grounds to process your personal information:

Consent. Some uses of your personal data as described in this Privacy Policy are subject to your consent, such as marketing email communications. To withdraw your consent or change your preferences, please contact us at privacy@fubar.com or adjust your profile settings. You may also refrain from providing, or withdraw, your consent for Cookies via your browser and mobile settings.

Performance of a contract. We may need to collect and use your personal information to enter into a contract with you and to perform Services that you request. 

Legitimate Interests. We may use your personal information for our legitimate interests to provide our Services and to improve our Services and the content contained thereon. We may use technical information as described in this Privacy Policy and use personal information for our marketing purposes consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable law.

Compliance with Legal Obligations. We may use your personal information as necessary to comply with our legal obligations.

5. Storage and Protection of Your Personal Data

We retain the personal data we collect for so long as reasonably necessary to fulfill the purposes for which the data was collected and to perform our contractual and legal obligations. Notwithstanding the generality of the foregoing, we store email addresses until the user requests to be unsubscribed or removes themselves through any self-service tools offered to the user.

We take reasonable administrative, physical and technical precautions to protect your personal data and communications between us. We restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. When required or as we deem appropriate and feasible under the circumstances, we utilize and encryption and obtain written commitments from third parties that may have access to your data that they will protect the data with reasonable safeguards.

No Internet or e-mail transmission is ever fully secure or error free, however. We therefore cannot guarantee absolute security of your data. We are not responsible for processes and networks that we do not control. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. Users assume the risk of security breaches and the consequences resulting from them. Please be careful in deciding what information you send to us via email or over the Internet.

6. Your Rights, Choices and Disclosures

(a) General.

This section is subject to specific disclosures on privacy rights set forth below. We are committed to facilitate the exercise of your rights granted by the laws of your jurisdiction, which may include the right to request the correction, modification or deletion of your personal information and the right to opt out of the sale or sharing of your personal information (as applicable). We will do our best to honor your requests subject to any legal and contractual obligations. If you would like to make a request, cancel your account or request we delete or no longer use your account information to provide you Services, contact us at privacy@fubar.com or make changes to any user profile information connected to your account.

You may opt out of receiving electronic marketing communications from us by clicking on the "unsubscribe" link on the communication or contacting us at privacy@fubar.com. Some non-marketing communications may not be subject to a general opt-out, such as communications about transactions, in-app communications about your activity on the Services, disclosures to comply with legal requirements, software updates and other support-related information. If you do not wish to receive any service-related emails from us, you have the option to deactivate your account.

Subject to local law, you may have additional rights under the laws of your jurisdiction regarding your personal data, such as the right to complain to your local data protection authority.

(b) Your European Privacy Rights and Choices.

While we do not specifically market the Services to those who reside in Europe, we will provide accommodations for the exercise of your rights provided under European data protection laws, including the General Data Protection Regulation ("GDPR"). By visiting or using our Services, you are consenting to the transfer of your information from your jurisdiction to the United States.

If you are located in the European Union, the United Kingdom or another jurisdiction that has adopted laws substantially similar to the European Union’s General Data Protection Regulation (GDPR), your privacy rights include the following:

  • Transparency and the right to information. Through this policy we explain how we use and share your information. However, if you have questions or need additional information you can contact us any time.
  • Right of access, correction, restriction of processing, erasure. You may contact us to request information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information, which requests we will do our best to honor subject to any legal and contractual obligations.
  • Right to withdraw your consent at any time. When we process your personal data based on your consent, you have the right to withdraw it at any time.
  • Right to object at any time. You have the right to object at any time to receiving marketing or promotional materials from us by either following the opt-out instructions in commercial e-mails or by contacting us, as well as the right to object to any processing of your personal data based on your specific situation. In the latter case, we will assess your request and provide a reply in a timely manner, according to our legal and contractual obligations. Some non-marketing communications are not subject to a general opt-out, such as communications about transactions and disclosures to comply with legal requirements.
  • Right to data portability. You have the right to data portability of your own personal data by contacting us.
  • Right not to be subject to an automated decision, including profiling. We do not make automated decisions using your personal data that may negatively impact you.
  • Right to lodge a complaint with a supervisory authority. If you consider that the processing of your personal data infringes your privacy rights according to the European Privacy regulation, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement.

(c) California Disclosures.

California "Shine the Light" Information-Sharing Disclosure: California residents may request a list of all third parties with respect to which we have disclosed any information about you for direct marketing purposes and the categories of information disclosed. If you are a California resident and want such a list, please send us a written request by email to privacy@fubar.com with "California Shine The Light Rights" in the subject line.

California Do Not Track Disclosure: We do not respond to Do Not Track browser settings.

California Consumer Privacy Act Disclosures. fubar is not a business subject to the California Consumer Privacy Act.

7. Users Outside the United States

The Services are controlled and operated from the United States. If you are an individual from the European Union, Canada or any other jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that we may store the information we collect in the United States which is not deemed an "adequate jurisdiction" by the European regulatory authorities. By visiting or using our Services, you are consenting to the transfer of your information from your jurisdiction to the United States.

8. Linked Sites

Our Services may contain links to other websites for your convenience or information. These websites may be operated by companies unaffiliated with fubar, and we are not responsible for the content or privacy practices of those websites. Linked websites may have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit the websites.

9. Privacy Policy Changes

We may update this Privacy Policy from time to time to reflect changes in our information practices. The updated version will be indicated by an updated "Updated" date. The updated version will be effective as soon as it is accessible, and any such amendments shall apply to information already collected and to be collected. Your continued use of the Services after any changes to our Privacy Policy indicates your agreement with the terms of the revised Privacy Policy. Please review this Privacy Policy periodically and especially before you provide personal data to us. If we make material changes to this Privacy Policy, we will notify you here, by email or by means of a notice on our home page. The date of the last update of the Privacy Policy is indicated at the top of this Privacy Policy.

10. Questions and Contact Information

Please contact us if you have any questions about our Privacy Policy. You may contact us by sending correspondence to Social Concepts, Inc., 50 Woodside Plaza #433, Redwood City, CA 94061, or by emailing us at privacy@fubar.com.

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