PRIVACY POLICY
Last Updated: October 22, 2026
Fansmit, Inc. (“Fansmit,” “we,” “us,” or “our”) has adopted this Privacy Policy to describe how we collect, use, disclose, and otherwise process personal information when you access or use our website located at fansmit.com (the “Website”), our proprietary communications platform, including any features, functionality, content, tools, and services made available through or in connection with that platform, whether accessed through the Website, through any mobile application we make available, or through any related online interface (the “Platform”), and any services, features, and functionality made available through them (collectively, the “Services”).
By accessing or using the Services, you acknowledge that you have read and understand this Privacy Policy. This Privacy Policy is incorporated into and forms part of our Terms of Service.
- The Information We Collect and How We Use It
We may collect the following information about you, either because you provide it to us, it is directly necessary to provide our Services, or because it helps us improve and secure the Services. We may use this information for the purposes described below and, where applicable, to comply with legal obligations, enforce our agreements, protect our rights and the rights of others, and in connection with a merger, acquisition, reorganization, financing, sale of assets, or other corporate transaction involving all or part of our business.
- Information You Disclose to Us. The following categories of personal information may be collected directly from you when you register with the Services, participate in activities or features facilitated by the Services, create or use an account, access or use the Platform, communicate with us, or otherwise contact us:
- Account Information: If you create an account, we collect your login credentials and information associated with your account, such as profile details, preferences, and account settings. This may include your name, email address, telephone number, company or organization name, role, subscription information, billing-related account details, and other information associated with your account. We use account information to create and manage your account, authenticate your identity, provide access to account features, maintain your subscription, billing, usage history, user permissions, and preferences, and help protect against unauthorized access or misuse.
- Contact Information: This includes information by which you may be personally identified, such as your name, email address, and, if you choose to provide it, your telephone number or mailing address. For business users, this may include business contact information, company affiliation, and other professional information. We use this information to create and manage your account, communicate with you about the Services, respond to your inquiries and requests, send administrative or servicerelated notices, and notify you about updates or changes to the Services.
- Communications Data. When you contact us, request support, provide Feedback, communicate with us by email or other channels, or use communications-related features of the Services, we collect information about your communications, requests, and preferences. We use this information to respond to you, provide support, improve the Services, and understand how users interact with the Platform.
- Materials. We collect the content and materials you choose to create, upload, import, or submit through the Services, including your fansmissions. This may include photographs, videos, and audio content. We use this information to provide, operate, secure, support, train, develop, and improve the Services, including their artificial intelligence and machine-learning features. You are responsible for the accuracy, quality, legality, and completeness of your materials.
- Subscription, Billing, and Payment Information. If you purchase a subscription plan or paid access to the Platform or are entitled to any compensation from us, we may collect information relating to your subscription, billing frequency, subscription term, account plan, and related billing and/or payment details. Payments are processed by a third-party payment processor. We may receive limited information from that provider, such as payment status, billing address, transaction identifiers, and limited payment method details. We do not collect or store full payment card numbers in the ordinary course of processing payments.
- Information Automatically Collected. We may automatically collect, ourselves or through third-party service providers, the following types of personal information when you visit, use or navigate the Services.
- Log and Usage Data. This includes the domain and host from which you access the Internet; the Internet address of the website from which you linked directly to the Services, if applicable; the date and time you arrived at our Services; how long you spent on the Services; which pages you visited; your Internet Protocol (IP) address; device identifiers and other unique online identifiers; and your computer’s operating system and browser software. It may also include technical, diagnostic, usage, performance, and analytics information relating to access to and use of the Services, such as feature usage, log data, timestamps, system performance, and error reports. We collect this information from your browser and device through server logs and analytics tools when you interact with the Services. We use this information to improve the Services, customize elements to your interests, speed up searches, recognize you when you return, operate, maintain, analyze, secure, troubleshoot, support, and develop the Services, monitor usage limits, detect and prevent fraud or abuse, investigate security issues, and enforce our Terms of Service.
- Cookies and other Tracking Technologies. We, including through third-party providers, use “cookies” and similar technologies to collect information such as your IP address, internet service provider, browser type, operating system and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Services you visit, number of links clicked, search terms and other usage data. These technologies track your activities within the Services. We use this information to improve the Services, enhance your overall experience by analyzing usage patterns to optimize site performance, customize content and features based on your preferences, maintain security, support authentication, remember settings, analyze Platform performance, and understand how users interact with the Services.
- Information You Provide Us About Others. The Services may allow users to submit information that includes personal information about third parties. You are responsible for ensuring that you have all rights, permissions, consents, authorizations, notices, and legal bases necessary to provide such information to the Platform and to permit us and our service providers to process it as described in this Privacy Policy and our Terms of Service.
- AI‑Generated Output. When you use AI-assisted features, the Services may generate emails, drafts, summaries, analyses, comparisons, suggested communications, reports, summaries, and other outputs based on the information, prompts, and instructions you provide through the Platform (“Generated Output”). We use Generated Output to provide, maintain, support, secure, troubleshoot, and improve the Services; make the Generated Output available within the applicable account or organization; monitor Platform performance; detect and prevent abuse; enforce our Terms of Service; comply with applicable law; and train, develop, and improve the Services, including their artificial intelligence and machine-learning features. To the extent Generated Output is associated with your account or is reasonably capable of being linked to you or another individual, we treat it as personal information in accordance with this Privacy Policy.
- Aggregated and Deidentified Information. We may derive aggregated or deidentified information from Generated Output and other information collected through the Services. We may use and disclose such information for analytics, benchmarking, research, product development, industry reports, commercial insights, and other lawful business purposes, provided that such information does not identify and is not reasonably capable of being associated with an individual. We maintain and use deidentified information in deidentified form and do not attempt to reidentify it, except as permitted by applicable law.
- How We Share Your Information
We disclose your personal information to the following categories of third parties for the purposes described below. We may also use and disclose aggregated or deidentified information as described in Section I.5. Such information does not identify, and is not reasonably capable of being associated with, any individual.
- Vendors, consultants, and service providers. We may disclose your personal information to third-party service providers and contractors who assist us in operating our Services and conducting our business, including providers of cloud hosting and infrastructure, databases and storage, analytics and error monitoring, customer support and feedback tools, authentication services, security and fraud prevention, payment processing, communications, subscription management, mobile application infrastructure, and artificial intelligence or machine learning services, including third-party providers used to process information or provide Platform features.
- Advertising and Marketing Partners. We may disclose certain personal information to advertising platforms, analytics providers, and marketing partners to support advertising, retargeting, campaign measurement, marketing analytics, and related marketing activities. These partners may use cookies, pixels, and similar tracking technologies to collect information about your activity on the Platform and help us measure ad performance and deliver relevant advertising. We may also work with marketing service providers from time to time to support email, SMS, direct mail, and other marketing communications.
- We may disclose personal information as required or permitted by law, including in the following circumstances:
- With government authorities, law enforcement agencies, or our legal counsel to comply with any court order, law, or legal process, including to respond to any valid government or regulatory request;
- To enforce or apply our Terms of Service and other agreements, including to investigate, prevent, or take action regarding potential violations, fraud, or security issues;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Fansmit, our users, or others; or
- To a buyer, prospective buyer or other successor, affiliates, advisors, investors, or other relevant parties in the negotiation or effectuation of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Fansmit’s assets (including in connection with any financing or similar transaction).
- Your Privacy Choices
- Email Marketing Communications. You may opt out of receiving marketing emails at any time by clicking the “unsubscribe” link included in the email or by contacting us as described in Section XI. Please note that you may continue to receive transactional or service-related communications.
- SMS Messaging. If you provide your mobile number in connection with a transaction, we may send you text messages regarding your orders or other transactional matters. With your prior express written consent where required by law, we may also send you recurring marketing or promotional text messages. Message frequency varies based on your interactions with us, and message and data rates may apply. Consent to receive marketing text messages is not a condition of purchase. You may opt out of receiving marketing text messages at any time by replying STOP to any message or by contacting us as described in Section XI. After you send STOP, we may send you a confirmation message. For assistance, reply HELP or contact us at contact@fansmit.com. We do not sell or share personal information collected through SMS messaging for third-party marketing purposes, but we may disclose such information to service providers that assist us in delivering and administering our SMS program.
- Cookie Preferences. You may be able to manage certain cookie and tracking technology preferences through the cookie preference tool made available on the Website. You may also be able to block or disable cookies through your browser settings, but doing so may affect the availability or functionality of certain Website features.
- Do Not Track and Universal Opt-Out Signals. Some web browsers may transmit “Do Not Track” (“DNT”) signals to the Services. At this time, we do not respond to DNT signals because there is no uniform industry standard governing their interpretation. Separately, we honor universal opt-out preference signals, such as browser- or device-based mechanisms that communicate your choice to opt out of targeted advertising, the sale or sharing of personal information, or certain profiling activities, to the extent required by applicable law.
- Exercising Your Privacy Rights; Questions or Concerns. You may contact us to exercise your privacy rights or to relay any questions or concerns as set forth in Section XI.
- How We Protect the Information
We implement reasonable technical and organizational measures designed to help protect personal information from loss, unauthorized access, use, alteration, or disclosure. These measures may include administrative, technical, and physical safeguards designed to protect such information from unauthorized access, use, or disclosure. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security. Your security also depends on you. If you have a password for access to our Services, you are responsible for keeping it confidential and not sharing it with anyone. While we strive to protect your data, any transmission over the internet is at your own risk, and we are not responsible for circumvention of security measures on or through the Services.
- External Sites
The Services may also contain hyperlinks to other third-party websites or apps (“External Sites”). We have no control over the privacy practices or the content of any of our business partners, or External Sites to which we provide hyperlinks. As such, we are not responsible for the content or the privacy policies of those External Sites. You should check the applicable third-party privacy policy and terms of service when visiting any External Sites.
- Children’s Information
The Services are not directed to children. We do not knowingly collect personal information from children under the age of 13 or, if higher, the age at which an individual is considered a “child” under applicable data protection or privacy laws in your jurisdiction (the “Minimum Age”). If you are under the Minimum Age, do not provide us with personal information. Parents and guardians should monitor their children's online activity and instruct them not to share personal information without permission. If you believe a child under the Minimum Age has provided us with personal information, please contact us as described in Section XI so we can delete it.
- Data Retention
We retain your personal information for as long as reasonably needed to fulfill the purposes for which the personal information was collected, to comply with our legal obligations, to resolve disputes, and to enforce our agreements.
- Important Notice to Non-U.S. Residents
The Services and their servers are operated in the United States and we make no claims that the Services or the content therein are appropriate for use outside of the United States. If you are located outside of the United States, please be aware that your information, including your personal information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Services, you consent to any transfer and processing of your personal information in accordance with this Privacy Policy, and you do so at your own risk.
- U.S. State Privacy Laws
Depending on your place of residence, you may have certain rights regarding how we collect, use, and share your personal information under applicable U.S. state privacy laws. These rights may be subject to limitations or exceptions, and not all rights may apply in every circumstance.
Subject to applicable law, these rights may include:
- The right to confirm whether we process your personal information and to access such personal information.
- The right to request correction of inaccuracies in your personal information.
- The right to request deletion of your personal information.
- The right to request a copy of certain personal information you have provided to us, where required by law.
- The right to opt out of certain types of processing, including processing for targeted advertising purposes, where applicable.
- The right to opt out of profiling or automated decision-making in furtherance of decisions that produce legal or similarly significant effects, where provided by law.
- The right to opt out of the sale or sharing of personal information, as defined under applicable law.
- The right to limit the use or disclosure of sensitive personal information, where required by law.
- The right to designate an authorized agent to submit a request on your behalf, where permitted by law.
- The right to appeal a decision regarding your privacy rights request, where required by applicable law.
- The right not to receive discriminatory treatment for exercising your privacy rights.
To request to exercise your rights, please contact us as described in Section XI. We may take reasonable steps to verify your identity and authority before responding to a privacy rights request. Where we process personal information on behalf of a business customer, organization, or other third party, we may refer your request to that customer, organization, or third party or process it in accordance with their instructions, as required by applicable law. We will respond to verified requests within the timeframes required by applicable law.
- Changes to This Privacy Policy
This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time with or without notice to you. Any such changes will be posted on this page and reflected by an updated “Last Updated” date above. If we make material changes to how we collect, use, or disclose your personal information, we may provide additional notice, such as by posting a prominent notice on the Website or Platform, or sending you an email notification where required by applicable law. By continuing to access or use the Services after any updates become effective, you acknowledge the revised Privacy Policy. Please refer back to this Privacy Policy on a regular basis.
- How to Contact Us
If you have any questions about this Privacy Policy, wish to exercise your privacy rights, or to report a privacy issue, please contact us in one of the following ways:
Email: contact@fansmit.com
Mailing Address: Fansmit, Inc., c/o Lowenstein Sandler, One Lowenstein Drive, Roseland, NJ 07068, Attention – Matt Savare, Esq.