Effective Date: Jan 1, 2020
Last Updated: Jan 1, 2023

PRIVACY POLICY

WHAT Personal Data Do We Collect and When?

We ask you for certain personal data to provide you with the products or services you request. For example, when you make purchases, contact our consumer services, request to receive communications, create an account, participate in our events or contests, or use our Platform.

This personal data includes your:

contact details including name, email, telephone number and shipping, billing address; login and account information, including screen name, password and unique user ID; personal details including gender, hometown, date of birth and purchase history; payment or credit card information; images, photos and videos; data on physical characteristics, including weight, height, and body measurements (such as estimated stride and shoe/foot measurements or apparel size); fitness activity data provided by you or generated through our Platform (time, duration, distance, location, calorie count, pace/stride); or personal preferences including your wish list as well as marketing preferences. We collect additional personal data from you to enable particular features within our Platform. For example, we request access to your phone’s location data to log your run route, your contacts to allow you to interact with your friends, your calendar to schedule a training plan or your social network credentials to post content from our Platform to a social network. This personal data includes your: movement data from your device’s accelerometer; photos, contacts and calendar information; sensor data, including heart rate and (GPS) location data; or social network information, including credentials and any information from your public posts about Fame x Merch or your communications with us. When interacting with our Platforms, certain data is automatically collected from your device or web browser, as further described below in the section titled “Cookies and Pixel Tags.” This data includes: Device IDs, call state, network access, storage information and battery information; and Cookies, IP addresses, referrer headers, data identifying your web browser and version, web beacons, tags, and interactions with our Platform. KIDS We do not knowingly collect personal information online from children under the age of 13.

TOOLS to Manage What Personal Data We Collect

When using our Platform, we also provide in-time notice or obtain consent for certain practices. For example, we will obtain consent to use your location or to send push notifications. We may obtain this consent through the Platform or using the standard permissions available on your device. In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of personal data. For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your devices. At this time, we do not respond to “do not track” signals sent by web browsers.

WHY and HOW Do We Use Your Personal Data?

We use your personal data in the following ways: To Provide the Features of the Platform and the Services You Request When you use our Platform, we will use your personal data to provide the requested product or service. For example, if you make a purchase on Fame x Merch.com, or participate in an event or promotion, we will use the contact information you give us to communicate with you about the purchase, event or promotion. If you contact our consumer services, we will use information about you, such as delivery or payment information, or the product you have purchased to help you resolve a problem or question. If you use our Platform to track your fitness activity or physical characteristics, we will collect this personal data and store it so that you can review it in the Platform. Your fitness activity data may include data you enter about your activity or data collected by your device during your activity such as location data and movement data. We may use this activity data to calculate further information about your activity, such as distance run, or calories burned, so that the calculated information can be provided to you as part of the functionality of the Platform. In many cases, to use particular features within our Platform you may need to provide Fame x Merch with additional data or additional consent to use particular data in a certain way. For example, to use the heart rate tracking features of our Platform, you may need to connect to a heart rate monitoring device. Similarly, to share content on social media, you may be required to provide your social media account credentials to sign in.

To Communicate Information about our Products, Services, Events and for Other Promotional Purposes

If you are an existing customer of Fame x Merch (for example, if you have placed an order with us), we may use the contact details you provided to send you marketing communications about similar Fame x Merch products or services, where permitted by applicable law (unless you have opted out). In other cases, we ask for your consent to send you marketing information. We may use the information that you provide to us as well as information from other Fame x Merch products or services - such as your use of Fame x Merch’s Platform, your visits to or purchases made in Fame x Merch stores, your participation in Fame x Merch events and contests (possibly through other Fame x Merch affiliates) - to personalize communications and advertisements regarding our products and services that may be of interest to you. For registered users, this may include data collected from your interactions with our Platform that are associated with your account across devices.

To Operate, Improve and Maintain our Business, Products and Services

We use the personal data you provide to us to operate our business. For example, when you make a purchase, we use that information for accounting, audits and other internal functions. We may use personal data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer our Platform.

To Protect Our or Others' Rights, Property or Safety

We may also use personal data about how you use our Platform to prevent, detect, or investigate fraud, abuse, illegal use, violations of our Terms of Use, and to comply with court orders, governmental requests or applicable law.

For General Research and Analysis Purposes

We use data about how our visitors use our Platform to understand customer behavior or preferences. For example, we may use information about how visitors to FMerch.com search for and find products to better understand the best ways to organize and present product offerings.

Other Purposes

We may also use your personal data in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.

SHARING of Your Personal Data

Fame x Merch’s Sharing Fame x Merch shares your personal data with: Fame x Merch entities for the purposes and under the conditions outlined above Service providers processing personal data (including the personal data noted in the "What Personal Information Do We Collect and When" section) for business purposes on Fame x Merch’s behalf, for example to process credit cards and payments, shipping and deliveries, host, manage and service our data, distribute emails, research and analysis, advertising, analytics, manage brand and product promotions as well as administering certain services and features. Other third parties to the extent necessary to: (i) comply with a government request, a court order or applicable law; (ii) prevent illegal uses of our Platform or violations of our Platform's Terms of Use and our policies; (iii) defend ourselves against third party claims; and (iv) assist in fraud prevention or investigation (e.g., counterfeiting). To any other third party where you have provided your consent. We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation). We do not sell your personal data.

Your Sharing

When you use certain social features on our Platform, you can create a public profile that may include information such as your screen name, profile picture and hometown. You can also share content with your friends or the public, including information about your Fame x Merch activity. We encourage you to use the tools we provide for managing Fame x Merch’s social sharing to control what information you make available through Fame x Merch’s social features.

PROTECTION and MANAGEMENT of your Personal Data

Encryption & Security: We use a variety of technical, administrative, and organizational security measures, including encryption and authentication tools in certain circumstances, to maintain the safety of your personal data. Despite our efforts, no website, mobile application, database or system is completely secure or “hacker proof.” You can help keep your data safe by taking reasonable steps to protect your personal information against unauthorized disclosure or misuse. Retention of your personal data: We retain your personal data for as long as necessary to fulfil the purposes described in this policy, unless otherwise required or permitted by law. For example, we keep your account profile information for as long as you keep your Fame x Merch account, but, we may keep your order history longer to comply with legal obligations. Click here to learn more. Managing your personal data: You may have the right to request: (i) access to your personal data (both the categories of data we collect, which is laid out in this policy, and particular types); (ii) an electronic copy of your personal data; (iii) correction of your personal data if it is incomplete or inaccurate; or (iii) deletion or restriction of your personal data in certain circumstances as provided by applicable law. We will not discriminate against you for the exercise of these rights. If you request to delete your account, you can create a new account on our Platform at any time. If you have a request regarding your personal data that cannot be fulfilled from your account settings, please contact us. Contact details can be found in the “Question and Feedback” section below. Managing your content: You can request removal of your posted User Generated Content on the Platform, but please note that removal may not encompass all possible locations, for example, back-ups or sharing by other users initiated prior to removal. Managing your notifications: If you have a Fame x Merch account, you can opt-out of receiving Fame x Merch’s marketing communications by modifying the preferences in your account settings. Alternatively, you can opt-out by following the opt out or unsubscribe instructions in the message or by contacting us. Contact details are in the “Questions and Feedback” section below.

COOKIES and Pixel Tags

Fame x Merch collects information, which may include personal data, when you use our Platform. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (i) IP-address; (ii) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our Platform such as click behavior, purchases and indicated preferences; and (ix) access times and referring URLs. Some advertising and technology partners may also collect personal data when you use our Platform. These partners have committed to act as service providers on Fame x Merch’s behalf and have committed to only use your personal data for Fame x Merch’s purposes as described in this policy. In some instances our Platforms allows you to log-in with or connect your Fame x Merch account with a third-party social media or partner account. If you do so, your use of their technology within our Platform is subject to their terms and policies. We use cookies and pixel tags to track usage of the Platform and to understand our customers’ preferences (such as country and language choices). This enables us to provide services to our customers and improve their online experience. We also use cookies and pixel tags to obtain aggregate data about Platform traffic and Platform interaction, to identify trends and obtain statistics so that we can improve our Platform. There are generally three categories of cookies used on our Platform: Functional: These cookies are required for basic Platform functionality and are therefore always enabled. These include cookies that allow you to be remembered as you explore our Platform within a single session or, if you request, from session to session. They help make the shopping cart and checkout process possible as well as assist in security issues and conforming to regulations. Performance: These cookies allow us to improve our Platform's functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember Platform preferences you have selected. Refusing these cookies may result in poorly-tailored recommendations and slow Platform performance. Social media and Advertising: Social media cookies offer the possibility to connect you to your social networks and share content from our Platform through social media. Advertising cookies collect information to help better tailor advertising to your interests. In some cases, these cookies involve the processing of your personal data. Refusing these cookies may result in seeing advertising that is not as relevant to you or you not being able to link effectively with Facebook, Twitter, or other social networks and/or not allowing you to share content on social media. Your browser can help you manage cookies. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings on each browser and device that you use. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you may not have access to many features that make our Platform more efficient and some of our services will not function properly. There are also general resources for opting out of interest based advertising available on the websites of the Network Advertising Initiative and the Digital Advertising Alliance. Similarly, you can adjust your advertising preferences on your mobile device at the device level. For example, to adjust your advertising preferences in iOS, visit Settings > Privacy > Advertising > Limit Ad Tracking. To adjust your advertising preferences in Android, visit Settings > Google > Ads > Opt out of interest-based ads.

USING the Fame x Merch Platform with Third-Party Products and Services

Our Platform allows you to interact with a wide variety of other digital products and services. For example, our Platform can integrate with third-party devices for activity tracking, social networks, music streaming services and other digital services. If you choose to connect your Fame x Merch account with a third-party device or account, your privacy rights on third-party platforms will be governed by their respective policies. For example, if you choose to share your Fame x Merch activity on third-party social media platforms, the policies of those platforms govern the data that resides there. Our Platform may provide links to other (third-party) websites and apps for your convenience or information. Linked sites and apps have their own privacy notices or policies, which we strongly encourage you to review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.

California Consumer Privacy Act

This section of the Privacy Policy concerning the California Consumer Privacy Act applies to personal information collected online and offline. Effective January 1, 2020, if you are a California resident, then you have the following rights: You have the right to request that we disclose to you, not more than twice in a 12-month period, the personal information about you that we collect, use, and disclose during the 12-month period preceding your request, which shall include as follows:

• The categories of personal information that we have collected about you
• The categories of sources from which the personal information is collected
• The business or commercial purpose for collecting or selling that personal information
• The categories of third parties with whom we share that personal information
• The specific pieces of personal information we have collected about you
• The categories of personal information that we have disclosed about you for a business purpose.

You have the right to request the deletion of the personal information that we have collected from you. You have the right not to be discriminated against because you exercised your rights under this section of the Privacy Policy, and we will not discriminate against you for doing so. You have the right to opt-out of the sale of your personal information; however, we do not sell your personal information. You may submit your request through the following methods:

• Account Information Update
• Do not sell my data request.

For California residents only. Use the link to opt-out of sale of Personal Information:

Remove Personal Data Request

For purposes of exercising your rights above, please note the following regarding how we collected and used your personal information during the 12 month period preceding the effective date of this Privacy Policy: In the preceding 12 months, we collect the categories of personal information as recited in this Privacy Policy in the section entitled “Information We Collect.” We disclose the following categories of personal information for a business purpose:Identifiers; payment information; commercial information; professional or employment-related information; Internet of other electronic network activity information; geolocation data; audio, electronic, visual or similar information. We have not sold consumers’ personal information in the preceding 12 months. We use the above categories of personal information for our legitimate interests, meaning our interests in conducting our business, fulfilling orders and processing transactions, and managing and providing services to you, which include the activities set forth in the above section of this privacy policy entitled “How We Use the Information We Collect.” Effective January 1, 2020, if you wish to contact us to submit a request under the California Consumer Privacy Act, please contact us info@fmerch.com. We may need to verify your identity to enable us to process your request. Disclosure and deletion is subject to our receipt of a verifiable consumer request and exceptions or limitations established by applicable laws and regulations.

California Minors Who Are Registered Users

If you are under the age of 18, reside in California and are a registered user of the Website, you have the right to request that we remove content or information you posted on the Website. Please send an email to info@fmerch.com with “California Minors Content Removal” in the subject line of your message. Please note that our removal of content or information you posted may not ensure complete or comprehensive removal of the content or information.

Nevada Online Privacy Law

If you are a Nevada resident, you have the right to submit a request directing us not to make any sale of personally identifiable information we have collected or will collect about you. We do not sell your personal information. To request confirmation that we do not sell your personal information, please send an email to info@fmerch.com with “Nevada Privacy Information” in the subject line of your message.

Protecting Children’s Privacy

We are a general audience site. Our Website, products, and services are all directed to people who are at least 16 years of age or older. We do not knowingly collect, use or disclose any information from anyone under 16 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we discover that we have inadvertently collected information from anyone under 16 years of age, any information regarding that user will be promptly deleted. If you believe we might have any information from or about anyone under 16 years of age, please contact us by using the information below.

Rights Under the EU General Data Protection Regulation (“GDPR”)

If you are located in the European Economic Area, and provide your consent, your Personal Information may be transferred and stored outside of the European Economic Area to the United States for purposes described in this Privacy Policy. Whenever we store or transfer your Personal Information outside the European Economic Area, we will do so in accordance with applicable U.S. law and will implement appropriate safeguards. There are possible risks involving such a data transfer arising from the absence of an adequate level of protection in the U.S. and the absence of appropriate safeguards such as a lack of a data supervisory authority. We take the security of your information seriously, and all Personal Information you provide to us will be securely stored on our secure servers behind firewalls. By using our services, you understand that your Personal Information may be transferred to our servers and third parties with whom we share it as described in this Privacy Policy. If you are located in the European Economic Area and provide your consent, and later wish to withdraw your consent, please visit our Preferences page here Under the GDPR, consumers in the European Economic Area are afforded particular rights in relation to their personal rights. We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following: The right to access: You have the right to request copies of your Personal Information from us. We may charge you a small fee for this service. The right to rectification: You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete. The right to erasure: You have the right to request that we erase your Personal Information, under certain conditions. The right to restrict processing: You have the right to request that we restrict the processing of your Personal Information, under certain conditions. The right to object to processing: You have the right to object to us processing of your Personal Information, under certain conditions. The right to data portability: You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions. The right to withdraw consent: If we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent. The right to lodge a complaint with a supervisory authority: You have the right to lodge a complaint with the data protection authority of your country if you have a concern about our privacy practices, including the way we handle your Personal Information.

CHANGES to Our Privacy Policy

Applicable law and our practices change over time. If we decide to update our privacy policy, we will post the changes on our Platform. If we materially change the way in which we process your personal data, we will provide you with prior notice, or where legally required, request your consent prior to implementing such changes. We strongly encourage you to read our privacy policy and keep yourself informed of our practices.

QUESTIONS and Feedback

We welcome questions, comments, and concerns about our privacy policy and privacy practices. If you wish to provide feedback or if you have questions or concerns, or wish to exercise your rights related to your personal data, please use our Fame x Merch Privacy Webform. If you contact us with a privacy complaint it will be assessed with the aim of resolving the issue in a timely and effective manner.