Privacy Policy

Access Experiences Ltd uses trading names including Access, Access.xyz, Fan.Direct and FanCircles. We respects your privacy and are committed to protecting your personal data. We are registered with the Information Commissioner’s Office (ICO) the UK regulator for data protection issues (Www.Ico.Org.Uk) with registration ZB506911. 

This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

We collect personal data from clients from our platforms – a Platform on mobile and via a web app where the Brand can engage and communicate with their community(Fans). This privacy policy draws a distinction between how we process the personal data of Brands and their Fans. The Brand will use the personal data of Fans for different purposes than ours such as merchandising and the Fan is a separate Data Controller. We are not responsible for how the Brand processes a Fan’s personal data and vice versa.  Personal data we collate on our Website will be processed by us alongside and separate to any personal data collated on any Platform to which a Fan subscribes.

This privacy policy will only apply to a Brand to the extent that the Brand enters into a contract to build and maintain the Platform individually or through a corporate entity. 

Regardless of how many separate Platforms to which you subscribe this Privacy Policy will cover all; your dealings.

  1. IMPORTANT INFORMATION AND WHO WE ARE

 Purpose of this privacy policy

This privacy policy aims to give you information on how we collect and process your personal data.

  1. The Platform is not intended for children and we do not knowingly collect data relating to children.
  2. We do not use automated decision making or profiling.
  3. As of now we do not transfer your personal data outside the UK. If this changes we will adhere to applicable requirements of UK GDPR.
  4. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

It is important that you read this privacy policy so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

 Contact details

If you have any questions about this privacy policy or our privacy practices, please contact us at https://help.fan.direct

You have the right to make a complaint at any time to the ICO, We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

 Third-party links

This website and any Platform 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 data about you. We do not control these third-party websites and are not responsible for their privacy statements.


THE DATA WE COLLECT ABOUT YOU

  • Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender. We may also ask for a copy of your passport or other documents required by anti money laundering legislation. This may extend to other directors or owners of a company through which you may trade.
  • Contact Data includes email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about a Fan’s subscription payments.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, and interaction with the Fan Wall.
  • Marketing and Communications Data includes records of the marketing data you have received from us and which you have responded to or dealt with.
    • We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not

     directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

    Unless you voluntarily chose to disclose to the Platform’s Fan Wall we do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

  • HOW IS YOUR PERSONAL DATA COLLECTED?


      We use different methods to collect data from and about you including through:

      • Direct interactions. You may give us your Identity, Contact and Financial Data by registering to use a Platform filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you may provide if you request marketing to be sent to you; enter a competition, promotion or survey; or give us feedback or contact us.
      • Automated technologies or interactions. As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. This includes as your IP address, geographical location, browser type, referral source, length of visit and number of page views We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.

      As you use the Platform we will collate Usage Data such as your contributions to a Fan Wall. 

      • Technical Data from the following parties:
      • analytics providers such as Google based outside the UK;
        • advertising networks such as Google based inside or outside the UK;
      1. HOW WE USE YOUR PERSONAL DATA

      We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

      • Where we need to perform the Fan User Agreement.
      • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
      • Where we need to comply with a legal obligation such as disclosing financial information to the relevant authorities or alerting law enforcement of any use if the Platform by Fans which we suspect to be illegal.

      Generally, we do not rely on consent as a legal basis for processing your personal data. We will market to Fans or people who have commenced the registration process on the understanding that such people have expressed an active interest in the Brand being registered to. Any such marketing will only relate to the promotion of the Brand to which you have registered with. You have the right to withdraw consent to marketing at any time by contacting us or simply unsubscribing.

      Sharing Data with Clients (Both European and Non-European):

      1. Scope and Applicability of GDPR: Regardless of the Client's location, we adhere to the principles of the GDPR. Even if a Client is based outside of Europe, they may still fall under the GDPR's scope if they offer goods or services to, or monitor the behavior of, EU data subjects. We ensure that all Clients are aware of their responsibilities under the GDPR.
      2. Legitimate Interests for Sharing: Under our legitimate interests, we may share specific personal data, such as your name and email address, with the respective Brand. Our legitimate interest is to enhance user experience, facilitate direct communication between Brands and Fans, and support the operational efficiency of our platform.
      3. Purpose of Sharing: Your data, when shared with a Brand, will be used for specific, clearly defined purposes, including brand-related marketing, promotions, or other activities. We ensure that the Brand only uses your data for purposes that align with our legitimate interests and do not infringe upon your rights and interests.
      4. Mechanisms for Data Transfer: When transferring your personal data, especially outside the European Economic Area (EEA), we use specific mechanisms like Standard Contractual Clauses to ensure your data remains protected.
      5. Data Processing Agreement: We have a Data Processing Agreement in place with all Clients. This agreement outlines their responsibilities concerning GDPR compliance and the protection of your data.
      6. Local Data Protection Laws and Transparency: We recognize that Clients may have their own local data protection regulations. We work closely with these Clients to ensure that data transfers and processing activities comply with all relevant laws. We believe in complete transparency and will inform you about any data transfers, especially outside the EEA.
      7. Protocols for Data Breaches: In the event of a data breach, Clients have protocols in place to notify us promptly. We will then take all necessary steps to inform affected users and relevant authorities as required.
      8. Assessing Data Transfer Risks: We periodically conduct Data Protection Impact Assessments to evaluate and mitigate potential risks, ensuring the continued safety of your data.

       Purposes for which we will use your personal data

      We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

      Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

      Purpose/Activity

      Type of data

      Lawful basis for processing including basis of legitimate interest

      To register you

      (a) Identity

      (b) Contact

      Performance of the Fan User Agreement

      To process and deliver your order including:

      (a) Manage payments, fees and charges

      (a) Identity

      (b) Contact

      (c) Financial

      (d) Transaction

      (e) Marketing and Communications

      (a) Performance of the Fan User Agreement

      To manage our relationship with you which will include:

      (a) Notifying you about changes to our terms or privacy policy

      (b) Asking you to leave a review or take a survey

      (a) Identity

      (b) Contact

      (c) Profile

      (d) Marketing and Communications

      (a) Performance of the Fan User Agreement

      (b) Necessary to comply with a legal obligation

      (c) Necessary for our legitimate interests (to keep our records updated and to study how users interact with the Website and which Platforms do they subscribe to.

      To enable you to partake in a prize draw, competition or complete a survey

      (a) Identity

      (b) Contact

      (c) Profile

      (d) Usage

      (e) Marketing and Communications

      (a) Performance of the Fan User Agreement

      (b) Necessary for our legitimate interests to study how users interact with our Website and Platforms.

      To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

      (a) Identity

      (b) Contact

      (c) Technical

      (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

      (b) Necessary to comply with a legal obligation

      To deliver relevant App content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

      (a) Identity

      (b) Contact

      (c) Profile

      (d) Usage

      (e) Marketing and Communications

      (f) Technical

      (g) Location Data

      Necessary for our legitimate interests (to study how users interact with the Platform)

      To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

      (a) Technical

      (b) Usage

      Necessary for our legitimate interests (to define types of users who interact with our Platform, to keep our Platforms updated and relevant, to develop our business and to inform our marketing strategy

      Analysing your content and posts; to make suggestions and recommendations to you about goods or services that may be of interest to you

      (a) Identity

      (b) Contact

      (c) Technical

      (d) Usage

      (e) Profile

      (f) Marketing and Communications

      Necessary for our legitimate interests to develop the specification and functionality of our Platforms.

       

      Third-party marketing

      We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. 

      Cookies

      We use cookies and other tracking means on our website and Platform. For more information about the cookies we use, please see our cookie policy. A cookie consists of information sent by a web server to a web browser and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. We may use which may be stored by your browser on your computer’s hard drive. We may use the information we obtain from the cookies in the administration of this website or Platform, to improve the usability and for marketing purposes. We may also use that information to recognise your computer when you visit our website, and to personalise our website for you. Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.) This will, however, have a negative impact upon the usability of many websites, including this one.

      We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google’s privacy policy is available at www.google.com/privacypolicy.html. 

      Change of purpose

      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. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

      If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

      Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. 

      1. DISCLOSURES OF YOUR PERSONAL DATA

      We will share your personal data with any Brand to which you subscribe to.  We make no warranty as to whether the Brand is GDPR compliant – the Brand is a separate data controllers and are responsible for the processing of Fans’ personal data. If you buy from external links embedded in the Platform then we have no visibility or involvement.

      You will deal with payment providers regarding the subscription monies.

      In addition to the above we may share your personal data as follows:

      • any other third party which we elect to work with. We will conduct the necessary due diligence;
      • third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

      We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

      1. DATA SECURITY

      We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

      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.

      1. DATA RETENTION

      How long will you use my personal data for?

      We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

      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.

      By law we have to keep basic information about the Fans (including Contact, Identity, Financial and Transaction Data) for six years after they cease being Fans for tax purposes.

      To the extent that content on the App does not meet our acceptable use policy we will delete your Personal Data without notifying you.

      In some circumstances you can ask us to delete your data: see below for further information.

      In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

      If the Brand ends its involvement with the Platform then you acknowledge that:

      1. we may continue to operate the Platform and to the extent necessary continue to process the Fans’ personal data;
      2. the Brand may have the right to also retain and process your data.

      In both cases you have the right to ask us and/or the Brand to cease processing your personal data. 

      1. YOUR LEGAL RIGHTS

      Under certain circumstances, you have rights under data protection laws in relation to your personal data.

      If you wish to exercise any of the rights set out above, please contact us at https://help.fan.direct

      You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could 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 could 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.