PRIVACY AND COOKIES POLICY
Introduction
We are
We operate the website Instafans.com. Our company contact information is at the end of this document.
Here are some definitions which are used in this document (all capitalised):
- Website - www.instafans.com
- "Platform" - InstaFans website including trading names InstaFans, Insta Fans, IFans, I Fans, InstaFans.com.
- "Platform Operator" -
- "Creator" - a user who provides social media content to a Fan in exchange for payments.
- "Fan" & "Consumer" - a user who pays a subscription payment to access the content provided by a Creator. An individual acting for purposes which are wholly or mainly outside that person's trade, business, craft or profession.
- "Creator Contract" - a contract for the supply of Online Services.
- "Online Services" - the provision of the production and publishing of social media content including pre-recorded videos, photos and pre-written content.
- "Visitor" - a user who has not yet registered an account or logged into their account and therefore cannot yet be assumed to belong to the category of Creator or Fan. Any user who does not fit into the Creator or Fan criteria will be considered to be a Visitor.
- "User" - all types of users including Visitors, Fans and Creator.
- "Content" - all information of whatever kind (including profiles, posts, comments, blogs, chat, images, photos, audio, video, advertisements, messages, Reviews etc.), uploaded to our Service (including messages sent via our Service).
- "Review" - any review, comment or rating.
- "Service" - our website, the platform, the services we offer by means of our website and any related software and services.
What's the point of this policy?
It tells you what to expect when we collect your personal information via our website or otherwise. Please only use our service if you are completely happy with this policy. Generally, the policy covers only information provided to us. If you give personal information to other people, such as payment providers or other websites, please check their privacy policies.
Might the policy change?
Yes. Please check it whenever you visit our website. We will assume you agree to the new version of the policy if you use the site after its effective date. We may also notify you of any changes by email or in-service message.
INFORMATION PRINCIPLE
Purpose: In accordance with the provisions of current legislation on the Protection of Personal Data and Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, we inform you that the personal data provided by means of live chat, forums, in person, email, registration forms, telephone calls or contact forms set out in this web page will be used for the purposes set out below.
What do we collect?
Information which you upload to our service or otherwise give us such as:
- Your name and contact details;
- Other information provided when you register with us such as your display-name, date of birth, profile picture, ID document, image ID verification document;
- Details about your transactions on our service;
- Information included in your profile or posts or which you otherwise provide for display on our service or which you include in messages sent via our service or communications to us;
- Contact or other information which you give or allow us to use for newsletters or other marketing; and
- Your communications with us.
Automated information about your use of our service such as: the internet protocol (IP) address used to connect your device to the internet, connection information such as browser type and version, information about your device including device-type and device identifier, operating system and platform, mobile network data, a unique reference number linked to the data you enter on our system, login details, the site from which you arrived at our service, details of your activity with date / time stamps including pages you visited and your searches / transactions.
The following information about you may be provided to us by other people:
- Limited billing information sent to us by our payment provider for verification purposes e.g., your name, email address and billing / delivery addresses.
- Your IP address and other specific location information which is required by the Creator to fulfil her tax reporting obligations.
What's our reason / legal basis for collecting the information?
Because it's necessary to take steps at your request to enter into a contract with you and/or to perform such a contract, e.g., send service messages, process payments and fulfil orders. This applies to initial enquiries and to contact and transaction details as well as profiles and other information which you provide for public display on our service.
Because it's in our “legitimate interests”, e.g., to manage and improve our service including tracking usage patterns and preventing or detecting fraud or abuse. This applies to automated usage data.
Because you've specifically agreed on our service (e.g, by ticking a consent box). This applies to contact or other information which you give or allow us to use for newsletters or other marketing. You can withdraw permission at any time as explained on our service or by emailing us at the above email address.
How long do we keep personal information?
Until your account is closed or our contract with you has otherwise ended. You can close your account by following the instructions on our website.
We may hold on to some of your information for longer (typically up to six years but in some cases indefinitely) if reasonably needed for legal, regulatory or tax reasons, deal with disputes, prevent fraud or abuse and/or enforce our terms and conditions or for crime prevention purposes.
We will keep your information which we use only for newsletters or other marketing until you tell us to stop sending you such messages.
To whom do we send or make available your personal information?
To other people who supply us with a service, e.g. website hosts, payment providers,and businesses which help us send communications or monitor our website and which provide us with e-commerce, online advertising, analytics and other IT services.
To other users of our service, if you enter personal information into your public profile or include it in a display-name, post, message, photo, video, review or other public action on our service. You can delete your own user-generated content via our service.
To credit reference agencies, regulators and the police and other law enforcement authorities to help deal with fraud and abuse and/or comply with legal requirements.
To insurers and professional advisers in connection with our insurance cover or to deal with legal claims.
To potential buyers so far as reasonably necessary, in the case of an actual or proposed (including negotiations for a) sale or merger or business combination involving all or the relevant part of our business.
Do we send your information outside the EU or UK?
Your personal information which we collect is stored within the EU and the UK and is not transferred to any third countries except as follows.
Your personal information may be transferred to the US by the following companies certified under the EU-US Privacy Shield Framework , which provides certain safeguards for your personal information: Google (analytics), Facebook (advertising), Webhosting providers, Cloudflare (security).
Your personal information may also be transferred to the US by the following, with whom we have entered into a contract which contains certain EU-adopted standard transfer clauses(see here) designed to provide adequate safeguards for your personal information: Sendinblue (emails), Vonage / Nexmo (phone / SMS).
DAC7
DAC7 is a European Union directive aimed at ensuring tax transparency and facilitating the automatic exchange of information in the digital platform economy. It obliges Platform Operators to apply due diligence rules and procedures on providers/Creators. Platforms are to collect certain tax-relevant information from providers and verify the reliability of the information provided.
To comply with DAC7, we will request the necessary tax information from Providers/Creators through our platform interface. This information will be securely stored and reported to the relevant tax authorities in accordance with DAC7 requirements.
What rights do you have?
If the legal requirements are met: To ask us for access to your personal information, to rectify it if there are mistakes, to delete or restrict its use in certain circumstances or to “data portability” or to withdraw any consent you’ve given (e.g. marketing).
You may also have the right to object to use of your personal information in certain circumstances.
If you have a complaint about how we are dealing with your personal information, please contact us via the email address above. If you are not happy with our response or think we are not handling your personal information in accordance with the law, you have the right to complain to the Information Commissioner’s Office (ICO).
What about cookies?
We and/or other companies use cookies and other tracking technologies on our website. A cookie is an identifier (a small file of letters and numbers) that is sent to your web browser. Cookies are widely used to make websites work, or work more efficiently, as well as to provide information to the website owner or others. Some are session temporary “session” cookies that remain in the cookie file of your browser only until your browser is closed. Whereas persistent cookies stay for longer (depending on the lifetime of the specific cookie). For further information on cookies, including how to use your browser to block them and how to delete existing cookies, visit: www.allaboutcookies.org. Our site's functionality will be limited if you configure your browser to reject cookies.
We ourselves place the following types of cookies:
| Type of cookies | Purpose |
|---|---|
| Logged-in status | Assess whether you are logged in to our site |
| Authentication | Identify and authenticate you to help you move easily through the site |
| Cookie notice | Store your response to our cookie notice |
Companies which provide us with a service also place cookies. Some of these `cookies (e.g. from Google) may involve certain information, such as your IP `address and web address of the page you're visiting, being sent to the company `concerned. Below is a summary of the kinds of cookies used together with details `about who places them and where you can go to get more information and to opt `out (where possible):
- Analytics cookies: These kinds of cookies recognise and count the number of website visitors as well as providing other information about the visit such as duration, route through the website and where the visitor came from. This information helps us to improve the way our website works, for example by making sure users find what they need easily. These cookies are provided by:
- Google Analytics (“GA”). More:
- General information about the types of cookies placed by Google including analytics.
- A technical explanation of GA cookies.
- Google's use of its partners' data including how to control information collected by Google.
- How to specifically opt out from GA cookies.
- Google's privacy policy.
- Hotjar
- General information about the types of cookies placed by Hotjar.
- Advertising cookies: These kinds of cookies are typically used to personalise ads on this or other sites based on your use of our site, to measure ad effectiveness (for example, how often you click on or view ads and whether you go on to buy something from the advertiser) and to stop you being shown the same ad repeatedly. These cookies are provided by:
- Facebook (including “Facebook Pixel”)
- Facebook's cookies policy (see especially under “Advertising, recommendations, insights and measurement”) including how to control Facebook's use of cookies.
- Facebook's privacy policy.
COMMERCIAL COMMUNICATIONS AND PUBLICITY
In accordance with the provisions of current legislation on data protection and Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce, we inform you that we can send commercial communications and advertising to our customers and potential customers about services and products that may be of interest to you.
In any case, your consent for the sending of commercial communications by electronic means (mail) or other means of equivalent communication, which The Service Provider can offer can be provided by checking the corresponding boxes in the contact and registration forms.
In your case, if you do not wish to receive information about the products and services we offer in The Service Provider, you can request your cancellation by logging into your dashboard and selecting this preference.
APPLICATION FOR THE EXERCISE OF LEGALLY ESTABLISHED RIGHTS
In accordance with the current regulations of Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, of direct application and mandatory compliance as of May 25, 2018, all users / interested parties may exercise their rights with the following denomination:
- Access right to have knowledge of the data that is being processed by The Service Provider.
- Right to rectify incomplete or inaccurate data.
- Right of opposition to oppose the processing of data.
- Right of cancellation to cancel or delete personal data.
- Right of portability, the interested party will have the right to receive the personal data that concern him, that has been provided to a data controller, in a structured format, of common use and mechanical reading, and to transmit them to another controller without preventing it the person responsible to whom it was given.
- Limitation of treatment to limit treatment.
- Limit automated individual decisions so as not to be subject to individualised decisions.
To exercise the aforementioned rights, you can send us your request, by means of a document that proves your identity, addressed to the contact address:
The Service Provider must answer the request for the exercise of rights within one month of your request. The term may be extended to two months taking into account the complexity and the number of applications. The Service Provider will inform the interested party of any such extension within one month of receipt of the request, stating the reasons for the delay. When the interested party submits an application electronically, the information will be provided by electronic means when possible, unless the interested party requests that it be provided by other means.
In the case of not having obtained satisfaction in the exercise of their rights, you can file a claim with the Control Authority.
You can revoke your consent at any time by sending an email to The Service Provider.
Contact
- Our company name is:
- Our postal address is: Avenida del Atlántico, 9 Residencial Winter Gardens, Bloque 3, Oficinas, San Miguel de Abona, 38639, Spain
- You may email us at:
- You may also use the contact form on the Website.
- Our company registration number is:
- Our tax id is
Updates
These terms may be updated from time to time without notice to you. You shouldreview this page periodically for changes.
Last updated: 1st March 2024
Version: 0.9