At Fanista, we’re committed to being transparent with our
subscribers and users of our website (fanista.org) about what it
means to be a subscriber, how we’ll be contacting you and what we
do with your information.
This statement is our subscription terms and conditions for Fanista.
Please read it carefully before subscribing. If for any reason, you do
not agree with these terms and conditions please do not subscribe
to our website. In using our website, please note that you are
agreeing to abide by our website terms of use.
For further information, or any questions regarding this statement
should be directed to: help@mobixas.com
OFFER AND CANCELLATION
The membership offer for a Fanista subscription is $xxx for x days
or $xxx for x days, and then you will be billed automatically for
specific period. You will be billed the amount of your selected
subscription. Subscription cost varies per territory and duration
selected. This service is billed automatically and can be cancelled
at any time via xxx.
WHO ARE WE AND WHO IS MY CONTRACT WITH?
We’re Mobixas B.V., the company behind Fanista, the multichannel
platform for Premium Sports Content. We provide content via our
digital application (online and offline), on our website fanista.org
and via direct e-Communications to our subscribers. We also offer
advertising opportunities to brands looking to connect with small
business owners. Your contract for Fanista is held with Mobixas
B.V.
SUBSCRIBING AND CONTRACT FORMED
There are multiple ways to subscribe to Fanista, including:
1) Visiting fanista.org
2) Emailing us: help@mobixas.com
When you confirm your subscription in each case you are
acknowledging your agreement to these terms and conditions which
enters you into a legal binding contract resulting in your contract
being formed. If you are a paying subscriber with real time access
to Fanista you are confirming your subscription once your payment
has been processed and enters you into a legal binding contract
resulting in your contract being formed. You will receive
confirmation of your subscription and/or payment via email/sms
within 1 days of agreeing to subscribe. We reserve the right to not
accept or process or fulfil the order, and a validation check will be
carried out by us to check your identity and the bona fides of the
order. If, for any reason, we are unable to process payment
authorisation by your card issuer, or if we are unable to accept the
order, we will notify you. If payment has already been processed,
we will refund it to your payment card in full.
DELIVERY OF THE CONTENT
If you are subscribing to Fanista, we will deliver the site notifications
and updates(s) to the email address given when you place the
order. You agree that we are not responsible if you have given us
the incorrect or incomplete email address for delivery. You also
agree that we will not refund the cost of any distributed content(s)
that are delivered to the incorrect address given. We ask that you
notify us immediately if you change your email address so we can
update your subscription delivery details. You may not sell or
authorize for sale or authorize others to sell the content(s) delivered
to you, in whole or in part. You acknowledge that as between us
and you, all intellectual property rights in the website and/or any
part of it, are owned exclusively by us throughout the world for the
full period of copyright.
DELAYED DELIVERY/NON-DELIVERY
We will not be held liable for any delay of delivery or non-delivery of
content as a result of the following circumstances.
(i) Where payment has been refused via your card issuer
and/carrier/or we are unable to process payment.
(ii) Where a delay or failure or failure to publish is due to unforeseen
circumstances out of our control, or the control of our agents. This
includes, but is not restricted to: postal strikes, labor disputes or
malicious damage involving employees, strikes, legislative
constraints, failure of transport infrastructure, failure of
telecommunication links, utilities failure, fire, flood, government act,
act of God.
CANCELLATIONS AND REFUNDS
Where a minimum term of 1-month subscription is ordered,
cancellations are permitted at any time during the period, part
cancellation or reimbursement of payment during the billing period
will not be refunded. However, we allow an initial cancellation period
of subscription at any time of formation of this contract. To cancel
your subscription, please email: help@mobixas.com and provide
the reason for cancellation.
PRICE GUIDELINES
Prices are clearly displayed online at fanista.org/subscription
Prices include delivery charge and VAT (where applicable). You will
make a one-off payment on a monthly term within 7 (seven) days of
formation of your contract. We reserve the right to increase or
decrease our pricing at any time, and will occasionally run viewer
offers and events promotions at a reduced price to attract new
subscriptions (“Reduced Price Sales”).
The price which you agreed to for the 1-month subscription at that
particular time is the price you are contracted at, and will not be
increased or decreased for you during that 1-month period. You
agree that you are not entitled to any refund of the subscription cost
initially agreed in relation to Reduced Price Sales.
This subscription will automatically renew on a weekly or monthly
basis, unless you notify us not less than 7 (seven) days in advance
of the renewal date that you no longer wish to subscribe. We will
also notify you at this time of any changes in price for the next
subscription period.
If, for any reason, an error has occurred in terms of pricing you are
offered for your order, we will notify you immediately. You will need
to contact us to reconfirm the order, and if we are unable to contact
you, it will be cancelled. If payment is taken incorrectly and
processed twice, we will refund you the additional payment made.
AUTHORISATION OF PAYMENT
If you are not over 18 years of age or not using your own payment
card, you must ask permission of the credit/debit card holder. By
submitting payment, you are representing that you have obtained
the express prior permission of the credit/debit card holder.
LIABILITY
Our liability to you in the event of any content being lost in despatch
by us shall, at our discretion, be limited to replacement of the
missing content at a later date.
We confirm that Fanista shall match the description of the product
you purchased and that we will deliver the content to you using
reasonable care and skill and within a reasonable period of the
creation of each video.
To the extent permitted by law, we exclude all other liability to you.
Our exclusions of liability shall not apply to any damages arising
from death or personal injury caused by our negligence or that of
any of our employees or agents.
PERSONAL INFORMATION AND USE OF YOUR DATA
We use the personal and transactional information you supply to us
to fulfil your subscription order. When you confirm your subscription
we require your acceptance of the content of our privacy policy:
PRIVACY POLICY.
With your consent, we may send you emails about our content,
products, or services that could be of interest to you. We use
Mailchimp as our email marketing platform to communicate with our
subscribers and advertisers. Mailchimp offers a double opt-in
service and full visibility of any of your information used by this
service and the option to unsubscribe at any time which will delete
any of your personal data. We will only hold your data for as long as
is necessary for us to fulfil your subscription and always in line with
our privacy policy. We offer withdrawal of consent and deletion of
your data at any time upon your request. You have the right to ask
for a copy of the information that Mobixas B.V. holds about you.
If you want to unsubscribe, update your preferences, or request a
copy of the information that we hold about you, you can do so in a
number of ways:
Selecting the your choices by ticking the relevant boxes when you
subscribe (online or by phone)
By email: help@mobixas.com
SECURITY AND PROCESSING PAYMENT
We confirm that we use reasonable efforts to ensure that
purchasing your subscription through us is completely safe and
secure, but we shall not be responsible for any loss of data or any
other loss in the event that such security is compromised. In
particular, we will not be liable to you for any losses you may suffer
as a result of unauthorized access by a third party to the personal
or payment information you provide us. It is your responsibility to
ensure the security of your own credit/debit card details to avoid
unauthorized use by a third party. If you pay using your credit card,
debit card or PayPal account, your order is processed by Paypal.
This is reputed to be one of the most secure online payment
systems in the world. We would encourage you to read Paypal’s
privacy statement to give you further information on how they use
and keep your data safe. We do not store credit card details, nor do
we share customer payment details with third parties. Your bank or
credit card statement will be processed under our company name,
Mobixas B.V.
VARIATION AND REVIEW OF THESE TERMS
We keep these terms under regular review. It was last updated in
May 2019. We reserve the right to modify it at any time so would
encourage you to regularly review it. Changes and clarifications will
take immediate effect upon their posting to the website. If we make
material changes to these terms, we will notify you here that it has
been updated. Once we have communicated any such changes by
email, or by updating our terms and conditions online you will
automatically be bound by the revised terms and conditions.
GOVERNING LAW
These terms and conditions are governed by Dutch law. You hereby
irrevocably submit to the exclusive jurisdiction of the Dutch courts,
notwithstanding the jurisdiction where you are based.
QUESTIONS AND CONTACTING
If you would like to contact us about your subscription, register a
complaint or would like further information about this statement or
any information on our website please email help@mobixas.com.
We obtain your details when you use our website, for example,
when you access the latest content in our website, contact us about
our products/services or if you subscribe to Fanista. We also may
collect your details upon meeting at an event, or within a phone call,
where you consent to us doing so.
WHAT TYPE OF INFORMATION IS COLLECTED FROM YOU?
The personal data we collect from you may include: your name,
address, email address, contact number(s) and IP address. We
also may collect information from you surrounding your ‘area of
interest(s)’ this includes what content/services that are of interest to
you, as well as pages you have visited on our website. If you pay to
subscribe to Fanista, your payment details are not held by us, it is
collected by a third party payment secure payment provider.
HOW IS YOUR INFORMATION USED?
We may use your information to:
Complete any subscription requests to Fanista
Complete any advertising requests on Fanista
Complete any press release requests on Fanista
Send you relevant content updates that you have requested, and
may be of interest to you
Send you relevant products/services that you have requested, and
may be of interest to you
Invite you to an event that you have requested, and may be of
interest to you
S
eek your views/comments on the services that we provide
Request that you update your preferences
Notify you of changes to our services
Process a job application
Process a comment on our content
WHO HAS ACCESS TO YOUR INFORMATION AND CAN THIRD
PARTIES ACCESS YOUR INFORMATION?
We will not sell or rent your information to third parties, nor will we
share your information with third parties for marketing purposes.
Where you have consented to us doing so, we may occasionally
send e-Communications to you, or advertise third parties services
via our own website, e-Communications or magazines however
your details are not then shared.
Third party service providers working on our behalf: Occasionally,
service providers, agents or subcontractors may be given your
information for the purpose of completing tasks and providing our
services to you on our behalf (for example, requesting that you
update your preferences). When we use third party service
providers, we will only disclose information that is relevant and vital
to completing the requested task in order to deliver the agreed
service. To ensure that your data is protected when working with
third party service providers we have a contract in place that
requires them to securely handle your data and doesn’t allow them
to use your information for theirs or any other company or
individual’s marketing purposes.
When you subscribe to Fanista, providing you are requiring a paid
subscription, your payment is processed by a secure payment
provider. If you have any questions regarding our provider, PayPal,
please contact us.
We may transfer your collected data to storage outside the
European Economic Area (EEA). It may be processed outside the
EEA to fulfill your order and deal with payment. By giving us your
personal data, you agree to this arrangement. We will do what we
reasonably can to keep your data secure.
Data is owned by Mobixas B.V. and kept securely. In the instance
that Mobixas B.V. was to be sold in its entirety or by individual
asset, merged with another company, was legally required to
disclose or share your personal data to comply with any legal
obligation or otherwise restructured we will take all necessary steps
with the aim of ensuring your data is protected.
CONSENT AND UPDATING YOUR PREFERENCES
When you provide us with your personal information to subscribe to
Fanista or download any material from our website (fanista.org) we
require your acceptance of the content of this privacy policy, that
you consent to our collecting it and using it for that specific reason
only.
If for a secondary reason, for example marketing, with your
permission, we may get in contact with you with offers/updates that
we think could be relevant or of interest to you. You have the choice
as to whether or not you want to receive these from us. If you do
not want to receive direct e-Communications from us, then you can
update your preferences at any time in the following ways:
Selecting the your choices by ticking the relevant boxes when you
subscribe (online, by phone or at an event)
With your consent, we may send you emails about our content,
products, or services that could be of interest to you. We use
Mailchimp as our email marketing platform to communicate with our
subscribers and advertisers. MailChimp offers a double opt-in
service and full visibility of any of your information used by this
service and the option to unsubscribe at any time, which will delete
any of your personal data.
We will only hold your data for as long as is necessary for us to fulfil
your subscription and/or for so long as we have your permission to
keep it. In any event, we will conduct an [annual] review to ascertain
whether we need to keep your personal data. We offer withdrawal
of consent and deletion of your data at any time upon your request.
USE OF ‘COOKIES’
Like many other websites, we use cookies. ‘Cookies’ are small
pieces of information that are placed onto your computer and stored
in your hard-drive – the use of cookies allows you as a site user to
have a better experience when visiting our website.
We only use anonymous cookies, which means that our cookies are
not collecting any information that would allow you to be identified
personally. We collect data about your browsing behavior/patterns
to enable us to improve our website and provide you with more
content that could be of interest to you.
If you’d rather that our site and others didn’t enable cookies, you
can disable them. There are a number of ways that you can do this,
however we’d suggest consulting the Help section of your browser
or taking a look at the About Cookies website which offers guidance
on most browsers.
LINKS TO OTHER WEBSITES AND THEIR PRIVACY
STATEMENTS
Our payment provider along with other third party partners that we
use will have their own privacy policies. Once you are redirected to
a third party website, you are no longer governed by this privacy
policy even if you access them using links from our website.
When you click on links from our website they may redirect you
away from fanista.org We are not responsible for the privacy
practices of other sites and would encourage you to read their
privacy statements.
16 OR UNDER AND PARENTAL GUIDANCE
We would recommend that any user of our website and/or
subscriber is of a minimum age of 16 in order to find the content
and services of interest. If you are aged 16 or under, please get
your parent/guardian’s permission before sharing any personal data
or information with Fanista.
YOUR RIGHTS
You can ask us not to use your data for marketing. You can do this
by indicating your preferences on our forms, or by contacting us at
any time at help@mobixas.com
Under the GDPR, you have the right to:
Request access to, deletion of or correction of, your personal data
held by us at no cost to you;
Request that your personal data be transferred to another person
(data portability);
Be informed of what data processing is taking place;
Restrict processing;
To object to processing of your personal data; and
Complaint to a supervisory authority.
You also have rights with respect to automated decision-making
and profiling as set out below.
To enforce any of the foregoing rights or if you have any other
questions about our site or this Privacy Policy, please contact us at
help@mobixas.com
AUTOMATED DECISION-MAKING AND PROFILING
In the event that we use personal data for the purposes of
automated decision-making and those decisions have a legal (or
similarly significant effect) on you, you have the right to challenge
such decisions under GDPR, requesting human intervention,
expressing their own point of view, and obtaining an explanation of
the decision from us.
The right described above does not apply in the following
circumstances:
The decision is necessary for the entry into, or performance of, a
contract between you and us;
The decision is authorized by law; or
You have given your explicit consent.
Where we use your personal data for profiling purposes, the
following shall apply:
Clear information explaining the profiling will be provided, including
its significance and the likely consequences;
Appropriate mathematical or statistical procedures will be used;
Technical and organizational measures necessary to minimize the
risk of errors and to enable such errors to be easily corrected shall
be implemented; and
All personal data processed for profiling purposes shall be secured
in order to prevent discriminatory effects arising out of profiling.
CHANGES AND REVIEW OF THIS POLICY
We keep this policy under regular review. It was last updated in
February 2024.
We reserve the right to modify it at any time so would encourage
you to regularly review it. Changes and clarifications will take
immediate effect upon their posting to the website. If we make
material changes to this policy, we will notify you here that it has
been updated, so that you are aware of what information we collect,
how we use it and/or disclose it and your choices.
QUESTIONS AND CONTACTING
help@mobixas.com