Privacy Notice

2. Legal Basis

The law requires us to have a legal basis for collecting and using your Personal Data. We rely on one or more of the following legal bases:

• Performance of a contract with you: Where we need to perform the contract we are about to enter into or have entered into with you.
  
• Legitimate interests: When we consider we have a legitimate interest (for ourselves or of a third party) to process your Personal Data it refers to being in the interest of our organisation to conduct and manage our business; this includes conducting analytics to improve and optimise the site and the services, protecting our interests and enforcing agreements with others, as well as complying with industry self-regulatory requirements. We might have legitimate interest to process Personal Data in other contexts. We ensure that we balance any potential impact on you and your rights before we process your Personal Data on that basis. You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us. Please also consult the section “Your rights” below.
• Legal obligation: We may use your Personal Data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
• Consent: We do not rely on consent as a legal basis for processing your Personal Data other than in relation to our use of cookies (please see our Cookies Notice    for more details which can be found here ); when we send third party direct marketing communications to you via email; and, when providing you with personalised content, ads, and promotions tailored to your interests and preferences. From time to time, Fanatics may share your Personal Data with third parties with your consent.

If you do not wish for your Personal Data to be used in the ways described within this Privacy Statement, then you should not use our services. Where we need information from you to offer our services or meet any of our legal or regulatory requirements, failure to provide such information will mean that you will not get access to the services.

It is important that the Personal Data we collect from you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us. You can do so by contacting us. We will endeavor to effect those changes within a reasonable timeframe.

3. Our Processing of Your Personal Data

In the tables below we have provided a description of the different purposes for which we process Personal Data.

3.1. Users

3.2. Buyers

If you are a Buyer, in addition to the purposes exposed in 3.1., we will also process your Personal Data for the following purposes.

3.3. Seller

If you are a Seller, in addition to the purposes exposed in 3.1., we will also process your Personal Data for the following purposes.

3.4. Business partners

If you are our business partner, we process your Personal Data for the following purposes.

4. Sharing Personal Data with third parties

As necessary, we share your Personal Data with:

1. Any member of our group, including any of our associates or affiliates or any of their representatives.
   
2. Our service providers, to the extent necessary to supply our services to you, such as payment service providers to whom we fully outsource the handling and other processing of your payment card information.
3. Selected third parties, including analytics and search engine providers that assist us in the improvement and optimisation of our services.
4. Authorities and law enforcement agencies worldwide either when ordered to do so or on a voluntary basis if this appears reasonable and necessary to us.

We also disclose your Personal Data to third parties:

1. In the event that we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets.
   
2. If substantially all of the assets in Fanatics, or any member of the Group,  are acquired by a third party, in which case your Personal Data will be one of the transferred assets.
3. If we are under a duty to disclose or share your Personal Data to comply with any legal obligation, court or police request, or to enforce or apply our terms of use and other agreements, or to protect the rights, property, or safety of Fanatics, our users, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

You can find more information on the actual parties we are sharing your data in Appendix 1 below. The list is updated regularly.

5. International transfers

Your Personal Data will be stored in the United Kingdom (UK) and may be transferred worldwide.

We are taking all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this Privacy Statement. The Personal Data you provide to us is stored on our secure servers. Where we transfer our data outside of the UK, we ensure that adequate safeguards are in place. When no adequacy decisions exist in relation to the country of the data exporter, we are relying on the International Data Transfer Agreement adopted by the Commissioner under the Data Protection Act 2018 and, evaluate the risks raised by the transfers. Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Data out of the UK.

6. Security

We are committed to protecting your privacy. Internally, only people with a business need to know Personal Data, or whose duties reasonably require access to it, are granted access to users’ Personal Data. Such individuals will only process your Personal Data on your instructions and are subject to a duty of confidentiality. We audit our personal compliance regularly.

Fanatics’ systems and data are reviewed periodically to ensure that you are getting a quality service and that leading security features are in place. We have put in place procedures to deal with any actual or suspected data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

We take all reasonable endeavors to protect and safeguard Personal Data. Unfortunately, the transmission of information via the Internet is not completely secure. While we do our utmost to protect your Personal Data, we cannot guarantee the security of your data transmitted to us over email or through the Site; any transmission is at your own risk. Once we have received your Personal Data, we will use strict procedures and security features to try to prevent unauthorised access, but there are protective measures you should take, as well. Do not share your Personal Data with others unless you clearly understand the purpose of their request for it and you know with whom you are dealing. Do not keep sensitive Personal Data in your e-mail inbox or on Webmail. If you are asked to assign passwords to connect you to your Personal Data, you should use a secure password and always use a two-factor authentication (2FA), where available. You should change your password regularly.

We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7. Your rights

You have a number of rights in relation to how we process your Personal Data under data protection laws. You may exercise these rights by visiting our Privacy Request Centre which can be found here. These are:

Request access to your Personal Data (commonly known as a "subject access request"). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.

Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your Personal Data in certain circumstances. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.

Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:

• If you want us to establish the data's accuracy;
  
• Where our use of the data is unlawful but you do not want us to erase it;
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

When we rely on your consent to process Personal Data (cookies, marketing communication, as well as personalised content, ads, and promotions), you have the right to withdraw your consent at any time. For cookies, this is done by setting up the cookie’s preferences (please check our Cookies Notice for more details which can be found here) or by updating your preferences.  We will do your best to honor your request promptly.

No fee usually required
‍You will not have to pay a fee to access your Personal Data or to exercise any of your other rights. We may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

‍What we may need from you
‍We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

‍Time limit to respond
‍We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

8. Retention of your Personal Data

We have data retention and deletion policies designed to retain Personal Data for no longer than necessary for the purposes set out herein or as otherwise required to meet legal or business needs. Because of those requirements, we might not be able to honor erasure requests.

To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

9. Contact & Complaints

If you wish to exercise your rights in relation to how we process your Personal Data under data protection laws please visit our Privacy Request Centre which can be found here.

If you have any questions or concerns about this Privacy Statement or our privacy practices, please contact us using the details provided below.

Fanatics can be contacted in writing at The Privacy Team, C/O Corporation Service Company (UK) Limited 5 Churchill Place, 10th Floor, London, E14 5HU or by email to privacy@fanatics.live or using the ‘Contact Us’ form of the site.

You also have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to this Privacy Statement

‍We may from time to time, make changes to this Privacy Statement. We suggest you check back regularly to check to see if there have been any changes to this Privacy Statement.

Appendix – List of Third-Party Service providers with whom Personal Data may be shared (as processors or controllers)