Who we are
Cool Monkey Studios Limited and its subsidiaries ("Fans4Free", "we", "us", "our") respect your privacy and we are committed to protecting the personal data we process about you. Fans4Free is a social network which enables: (i) "Creators" to share and monetise their own content (as well as subscribe to, and view, the content of other Creators); and (ii) "Fans" to subscribe to, and view, the content of Creators.
About this Policy
This privacy policy ("Policy") explains our practices with respect to the personal data we process about our Creators and Fans. Some parts of the Policy are specifically aimed at Creators, and some parts are specifically aimed at Fans. It also applies to how we process the personal data of individuals that feature in content uploaded by a Creator ("Content Collaborators"), and where we process personal data about you in the context of our business relationships.
We process your personal data when you use our website located at www.fans4free.com ("Website") and for the provision of the services that we offer from time to time via our Website. We also process your personal data when you interact with us through our social media pages on third-party websites (e.g. Twitter and Instagram), or otherwise. We refer to these activities collectively as the "Services" in this Policy.
We are a "data controller" of the personal data that we process in connection with the Services. This means that we decide the reasons why we process personal data about you and how we do so.
Please review this Policy to understand how we process your personal data in connection with the Services. By using our Services, you acknowledge that you have read and understand the information in this Policy.
If you have any questions about this Policy or our processing of your personal data, please see Section 19 (assistance and contact information) for information about how to contact us.
What is personal data?
"Personal data" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household.
In addition, we may collect data that is not capable of identifying you or is otherwise not associated or linked with you, such as deidentified, aggregated or anonymised information. This type of data is not personal data and our use of such data is not subject to this Policy.
Informing us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes at any point during your relationship with us. Updates or corrections can be made through your account settings on our Website.
Applicability of this Policy (18+)
This Policy is provided in addition to, but does not form part of, our Terms of Service (which includes our Acceptable Use Policy) that govern your use of our Website and the Services.
Our Services are strictly intended for individuals 18 years of age or older. Anyone under 18 years of age is not permitted to use the Services. By using the Services, you represent that you are 18 years of age or older.
Third-party links
Our Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share personal data about you.
We are not responsible for, and this Policy does not apply to, the content, security or privacy practices of those other websites, plug-ins or applications. We encourage you to view the privacy and cookie policies / notices of those third parties to find out how your personal data may be used.
If you do not wish to provide personal data
We need to collect certain personal data from you in order to provide you with access to the Services or specific features and functionalities of the Services in accordance with our contract with you (i.e. our Terms of Service). We are also required to process certain personal data in accordance with applicable laws. Please note that if you do not wish to provide personal data where requested, we may not be able to provide you with access to the Services or specific features and functionalities of the Services.
Updates to this Policy
We may update this Policy from time to time, and any updates will be effective upon our posting of the revised Policy on our Website. We will use reasonable efforts to notify you in the event that material updates are made to this Policy, such as sending you a feed notification or a chat message via your account on our Website.
Categories of personal data
We process, or our third-party providers process on our behalf, different kinds of personal data about Creators and Fans, which we have grouped together as follows:
Category of personal data
Description
User Data
Creators and Content Collaborators
Please note: Items marked with * will be requested for Content Collaborators that are not existing Creators on the Website, via a release form.
Fans
Third-Party Onboarding Data
The following types of personal data are collected directly by our third-party providers during onboarding:
Creators
Fans
Please see Section 10 (our onboarding processes), below, for further information. Third-Party Onboarding Data and Technical Data does not include Face Recognition Data, as set out below.
Account Data
Creators
Fans
Financial Data
Creators
Fans
* Please note: Any payments made to view the content of Creators are processed by our third-party payment providers. We do not receive your full payment card number, payment card expiration date, or the security code. Instead, the payment provider provides us with a "token" that represents your account, your payment card's expiration date, payment card type and the first six and last four digits of your payment card number.
Transaction Data
Creators
Fans
Technical Data
Creators and Fans
Internet or other electronic network activity information, including:
Usage Data
Creators and Fans
We use cookies where necessary (to allow you to browse the Services and access certain pages of the Website) and, with your consent we will use cookies:
More information on our use of cookies, including how to delete or block cookies, can be found in our Cookie Notice. In some cases, data collected from cookies will be in a deidentified, aggregated or anonymised format.
We currently do not use any cross-site tracking technologies and we do not sell personal data collected about you, or share personal data collected about you for cross-context behavioural advertising.
Face Recognition Data
Creators (and Fans in certain locations)
Our onboarding processes
CREATORS
We have processes in place that are intended to ensure that all Creators on the Website: (i) are at least 18 years of age; and (ii) verify their identity. Before you can start a Creator account, we will:
FANS
We have processes in place that are intended to ensure that: (i) all Fans on the Website are at least 18 years of age; and (ii) Fans in certain locations verify their identity. Before you can start a Fan account, we will:
MORE INFORMATION ON OUR ONBOARDING PROCESSES
How / why your personal data is used and lawful bases for processing
We process personal data for, or based on, one or more of the following legal bases:
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
The table below indicates the purposes for which your personal data is processed and the legal justification for the processing. Some of the above grounds for processing will overlap and there may be several grounds which justify the processing:
Purpose / activity
Lawful basis for processing
Account creation (both Creators and Fans).
Performance of a contract
Creator age and identity verification and where applicable, subsequent authentication (specifically in relation to the processing of Face Recognition Data).
Please see Section 10 (our onboarding processes), above, for further information.
Consent
Fan age and identity verification and where applicable, subsequent authentication, in certain locations (specifically in relation to the processing of Face Recognition Data).
Please see Section 10 (our onboarding processes), above, for further information.
Consent
Fan age estimation, in certain locations (specifically in relation to the processing of the age estimation capture, which may involve the use of Face Recognition Data).
Please see Section 10 (our onboarding processes), above, for further information.
Consent
Fan age verification (to the extent we are able to do so without third-party age and identity verification or third-party age estimation).
Performance of a contract
Government identity document validity check, and maintaining a record of the age and identity verification process (for Creators, and Fans in certain locations).
Performance of a contract
Maintaining a record of the age estimation process (for Fans in certain locations).
Performance of a contract
Providing the Services, including the hosting of Creator content, the fulfilment of transactions between Fans and Creators and processing Creator earnings.
Performance of a contract
Providing technical support to Fans and Creators.
Performance of a contract
Communicating with you about the Services, responding to support requests or, sharing information about the Services (e.g. providing you with updates to our Terms of Service or this Policy).
Performance of a contract
Ensuring compliance with, and enforcing, our Terms of Service and other usage policies (e.g. our Acceptable Use Policy).
Performance of a contract
Moderation and filtration:
to monitor and investigate violations of our Terms of Service.
Performance of a contract
Filtration of text sent in direct messages on the Website to investigate violations of our Terms of Service.
Performance of a contract
Removal from the Services of text and content uploaded by users that is identified as illegal, and suspending or deactivating those user accounts.
Compliance with legal obligations
Performance of a contract
Removal from the Services of text and content uploaded by users that is identified as violating our Terms of Service and where appropriate, suspending or deactivating user accounts.
Performance of a contract
Maintaining a record of banned users, to prevent further access to the Website.
Legitimate interests
Reporting illegal activity to relevant law enforcement authorities, other governmental agencies and non-governmental organisations.
Legitimate interests
Task carried out in the public interest
Preservation and sharing of personal data in the context of legal proceedings (e.g. litigation).
Legitimate interests
Complying with applicable laws, rules and regulations.
Compliance with legal obligations
Legitimate interests
Monitoring transactions and company network, systems, applications, and data, to: (i) detect malicious, deceptive, fraudulent, or illegal activity in order to protect information security and integrity, and user safety; and (ii) respond to / investigate incidents where appropriate.
Legitimate interests
Task carried out in the public interest
As necessary or appropriate to protect the rights and property of our users, us, and other third parties.
Legitimate interests
Data analysis and testing, system maintenance, reporting and hosting of data, to maintain, develop and improve the provision of the Services (e.g. safety, performance and functionality).
Consent (involving Usage Data, where this is personal data, collected via cookies)
Legitimate interests
As necessary in the context of a possible sale, merger, acquisition, business reorganisation or group restructuring exercise.
Legitimate Interests
Processing of personal data in connection with sponsorships, and our relationship with service providers, professional advisers and other third parties for business purposes (e.g. business contact information and correspondence).
Performance of a contract
Legitimate Interests
Obtaining your personal data
We collect your personal data from the following categories of sources:
Sharing your personal data
We share personal data with the following categories of third parties:
International data transfers
We share your personal data within our group companies and to our third parties, as set out at Section 13 (sharing your personal data).
In some circumstances, this will involve transferring your data outside the UK, the EEA and Switzerland. We make those transfers: (i) to countries that have been deemed to provide an adequate level of protection for personal data; (ii) using appropriate safeguards; or (iii) where otherwise authorised by applicable law.
Please contact us using the contact details set out at Section 19 (assistance and contact information) if you would like further information on the specific mechanism used by us when transferring your personal data outside the UK, the EEA and Switzerland.
Your rights regarding personal data
You have certain rights regarding the collection and processing of personal data. You may exercise these rights by contacting us using the contact details set out at Section 19 (assistance and contact information).
Under certain circumstances and subject to certain exemptions, you have the right to:
You also have the right to object to processing of your personal data where we are relying on a legitimate interest for the processing and there is something about your particular situation which makes you want to object to processing on this ground.
We do not process personal data that is subject to solely automated decision-making, where that decision-making is likely to have a legal or similarly significant effect on you.
You also have the right:
Exercising your rights
If you would like to exercise your rights set out at Section 15 (your rights regarding personal data), you may do so by contacting us using the contact details set out at Section 19 (assistance and contact information).
If you submit the request yourself, please ensure that your request contains sufficient information to allow us to confirm your identity and properly understand, evaluate, and respond to it.
In order to verify your identity, we may at times need to request additional personal data from you, taking into consideration our relationship with you and the sensitivity of your request. In certain circumstances, we may decline a privacy rights request, particularly where we are unable to verify your identity.
If your request is made by a third-party authorised by you, we will also require proof that the third-party has permission to submit the request on your behalf (such as a signed document evidencing that the third-party has authority to make the request).
Choices and control over your personal data
Modifying and deleting your personal data: If you have an account with us, you may update your account settings on our Website. Please note that changes to your settings may require some time to take effect.
Access to device information: You may control the Services' access to your Technical Data through your "Settings" app on your device. For instance, you can withdraw permission for the Services to access your network devices and geolocation.
Email notification opt-out: We currently do not send emails for direct marketing purposes. However, we do send email notifications which are related to your account (e.g. for Creators, where you have a new subscriber, you have received a new tip, or somebody has renewed their subscription with you). You may opt-out of receiving certain types of email communications from us by changing your notification preferences on our Website. You may also email us using the contact details set out at Section 19 (assistance and contact information). Please include "E-mail notification opt-out" in the email's subject line and include your name and your account email address in the body of the email.
Please note that you cannot opt-out of certain automated email notifications that are necessary to provide the Services or are otherwise required in accordance with applicable law (e.g. account verification, transactional communications, changes / updates to features of the service, technical and security notices).
Retention of personal data
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes for which it was collected, as set out in this Policy. Subject to the below, we retain personal data for a period of 6 months after the deletion or deactivation of your account on the Website.
Please note that:
The personal data that we retain and the length of time for which it is retained will be determined on a case-by-case basis, depending on the particular circumstances.
Assistance and contact information
We have appointed a Data Protection Officer ("DPO") whose responsibilities include, together with our team of privacy specialists, responding to questions, requests, and concerns in relation to this Policy and our use of personal data.
If you have questions about this Policy, or how we process your personal data, please submit a ticket through your account or email us at admin@coolmonkeystudios.com.
Additional U.S. state privacy disclosures
Residents of the States of California, Colorado, Connecticut, Nevada, Utah, and Virginia: These additional U.S. State Privacy Disclosures ("U.S. Disclosures") supplement the information contained in the Policy by providing additional information about our personal data processing practices relating to individual residents of these states. Unless otherwise expressly stated, all terms defined in this Policy retain the same meaning in these U.S. Disclosures.
For the purposes of these U.S. Disclosures, personal data does not include publicly available information or deidentified, aggregated or anonymised information that is maintained in a form that is not capable of being associated with or linked to you.
No sales for targeted advertising
We do not sell or share personal data for the purpose of displaying advertisements that are selected based on personal data obtained or inferred over time from an individual's activities across businesses or distinctly-branded websites, applications, or other services (otherwise known as "targeted advertising").
Sensitive information
Although sensitive information may be disclosed for a business purpose as described below, we do not sell or share sensitive information for the purpose of targeted advertising.
The following personal data elements we, or our service providers, collect may be classified as "sensitive" under certain privacy laws ("sensitive information") including:
We use this sensitive information for the purposes set out at Section 11 (how / why we use your personal data and lawful bases for processing), to the extent necessary for the operation of our Services, to enter into and perform a contract with you, to comply with legal and regulatory requirements, to protect the safety of ours users and third parties or as otherwise permissible for our own internal purposes consistent with applicable laws.
Deidentified information
We may at times receive, or process personal data, to create deidentified information that can no longer reasonably be used to infer information about, or otherwise be linked to, a particular individual or household. Where we maintain deidentified information, we will maintain and use the information in deidentified form and not attempt to reidentify the information except as required or permitted by applicable law.
Minors
Our Services are strictly intended for individuals 18 years of age or older. Anyone under 18 years of age is not permitted to use the Services. By using the Services, you represent that you are 18 years of age or older.
CALIFORNIA SPECIFIC DISCLOSURES
The following disclosures only apply to residents of the State of California:
Personal data collection
California law requires that we provide disclosures to you about what personal data we collect by reference to the categories of personal data set forth within California law. To address this obligation, we have identified the relevant California personal data category for the personal data set out in more detail at Section 9 (categories of personal data):
We may disclose all of these categories of personal data for a business purpose to service providers or other third parties, as outlined in this Policy.
Disclosure of personal data
As set out at Section 13 (sharing your personal data), we may disclose the categories of personal data identified above to the following categories of third parties for various business purposes: our group and affiliated companies, service providers, our professional advisers, business partners, other businesses as needed to provide our Services, and certain third parties where you have provided consent, where it is in connection with a corporate transaction, or where we are required by law or in connection with other legal process.
Sources of personal data
We collect personal data directly from you, from your browser or device when you interact with our Services, and from our business partners and affiliates, third parties you direct to share information with us, and other third-party providers. For more information, please see Section 12 (obtaining your personal data).
Purpose for collection
We collect personal data about you for the purposes set out at Section 11 (how / why we use your personal data and lawful bases for processing).
Notice of financial incentives
As discussed above, we currently do not use any cross-site tracking technologies and we do not sell personal data collected about you, or share personal data collected about you for cross-context behavioural advertising. We do not currently send emails for direct marketing purposes.
We currently offer a referral program, whereby existing Creators of the Website can use their unique referral code to introduce people who are interested in becoming Creators on the Website, and the referring Creator will receive referral payments, based on the referred Creator's earnings. The referral program is subject to our Terms of Service and any such referral payments are calculated, and limited, as described in the Referral Program Terms in our Terms of Service.
Any personal data associated with the referring Creator, or the referred Creator, is processed in accordance with this Policy.
We have determined that the value of the referral program is reasonably related to the value of the personal data we process in connection with the referral program (based on our reasonable but sole determination). We estimate the value of the personal data we receive and otherwise process in connection with the referral program by considering the expense we incur in collecting and processing the personal data, as well as the expenses related to facilitating the referral program.