Introduction
User Data:
- Full name*
- Alias (if applicable)
- Residential address
- City of birth
- Country of birth
- Country of residence*
- Email address
- Telephone number
- A copy of your government-issued ID*
- A “selfie” holding your government-issued ID*
- Third-party social media handle or personal website (used for age and identity verification, as well as understanding the content you may share on BeFanz)
- Signature on release forms if you appear in a Creator’s content*
Fans
- Email address
- Telephone number
Third-Party Onboarding Data
The following Personal Data is directly collected by our third-party providers during the onboarding process:
- A copy of your government-issued ID provided to our third-party providers
- A short .gif, taken from a “selfie” provided to our third-party providers
- Results of the third-party age and identity verification process (pass/fail and reason for failure)
- Metadata related to the third-party verification process (e.g. start and end times)
Fans
- If third-party age and identity verification is conducted, a copy of the government-issued ID you provide
- If third-party age estimation or verification is conducted, a copy of the government-issued ID you provide
- Results of the third-party age estimation or verification process (pass/fail and reason for failure)
- Metadata related to third-party age estimation or verification process (e.g. start and end times)
Account Data
Creators
- Profile name
- Password
- Avatars and headers on your Creator account
- Your subscriptions, subscribers, and referrals
- Posts made to your Creator account
- Comments on posts from your Creator account
- Chat messages between you and other users
- Customer support inquiries you submit
Fans
- Profile name
- Password
- Avatars and headers on your Fan account
- Your subscriptions
- Comments on posts from your Fan account
- Chat messages between you and other users
- Customer support inquiries you submit
Financial Data
Creators
- Payment card details*
- Billing address
- Funds added to your wallet
- Bank account information
- Pay-out country
- Corporate or business entity details (name, country, ID number, type)
- VAT number
- Tax identification number and issuing country
- W-9 form (for US Creators only)
- 1099-MISC form (for US Creators only)
- 1099-NEC form (for US Creators only)
Fans
- Payment card details*
- Billing address
- Funds added to your wallet
*Note: Payments for viewing Creator content are processed by third-party providers. We do not receive your full payment card details, expiration dates, or security code. Instead, the payment provider provides us with a “token” to represent your payment account and the last four digits of your card.
Transaction Data
Creators
- Earnings
- Pay-out requests
- Payments made to your Creator account
- Payments made from your Creator account to other Creators
- Any failed payments
Fans
- Payments made from your Fan account to Creators
- Any failed payments
Technical Data
Creators and Fans
- Information on internet or electronic network activity, including:
- IP address (and country code)
- User agent
Usage Data
Creators and Fans
- We use cookies to enable you to navigate the Services and access certain BeFanz pages. With your consent, we also use non-essential cookies to recognize Referring Users and Referred Creators, as part of our Referral Program under our Terms of Service.
- For more details on cookies, refer to our Cookie Notice.
- We do not use cross-site tracking technologies nor do we sell Personal Data or share it for cross-context behavioral advertising.
Face Recognition Data
Creators, Content Collaborators, and Fans (when applicable)
As part of the onboarding process, our third-party providers may use face recognition technology to verify your identity.
Note: Face Recognition Data is collected by and remains with our third-party provider. We do not collect, store, or access Face Recognition Data at any time.
Our Onboarding Processes
CREATORS
We have established procedures to ensure that Creators on BeFanz: (i) are at least 18 years old; and (ii) verify their identity. Before you can create a Creator account, we will:
- Request that you provide Creator User Data, as described in Section 8 (Categories of Personal Data).
- Verify your country of residence to ensure lawful access to BeFanz and its Services.
- Ask for your Financial Data, as outlined in Section 8 (Categories of Personal Data). This is necessary for processing payments to Creators and for accessing their earnings on BeFanz. Financial Data is also gathered as part of our verification and anti-fraud measures.
- Require you to go through a third-party age and identity verification process, as detailed below.
- Confirm that you have not been previously banned from using BeFanz and its Services (for instance, due to violating our Terms of Service).
CONTENT COLLABORATORS
We also have processes in place for Content Collaborators on BeFanz to ensure: (i) they are at least 18 years of age; and (ii) their identity is verified. Before you can appear in content uploaded by a Creator, we will ask you to go through a third-party age and identity verification process. In some cases, you may also be required to submit a release form.
FANS
We have measures in place to ensure that: (i) all Fans on BeFanz are at least 18 years old; and (ii) some Fans may need to verify their identity depending on their location or circumstances.
Before you can create a Fan account, we will:
- Ask you to provide Fan User Data, as set out in Section 8 (Categories of Personal Data).
- Check your country of residence to ensure lawful access to BeFanz and its Services.
- Request your Financial Data, as described in Section 8 (Categories of Personal Data). This is necessary to facilitate payments to Creators. Financial Data is also collected as part of our verification and anti-fraud processes.
- Require you to complete a third-party process to further verify your age. This may involve a third-party age and identity verification or third-party age estimation process, as outlined below. The specific process depends on your location or if we detect unusual activity on your account.
THIRD-PARTY AGE AND IDENTITY VERIFICATION
We use third-party providers to verify your age and identity. This process involves our third-party provider collecting a short .gif, taken from a "selfie" and a photo of your government-issued ID (both provided by you). The third-party provider will then use Face Recognition Data to match these images and digitally verify your age and identity.
As noted in Section 8 (Categories of Personal Data), we do not collect, receive, store, or have access to any Face Recognition Data collected or processed by our third-party providers in this process.
Where permitted by applicable law, we may receive Third-Party Onboarding Data from our third-party providers, as described in Section 8 (Categories of Personal Data), to maintain a record of the age and identity verification process.
THIRD-PARTY AGE ESTIMATION
For certain locations, we use third-party providers to estimate your age. This involves our third-party provider collecting a short .gif "selfie" (provided by you) and using digital technology, including Face Recognition Data, to estimate your age.
As described in Section 8 (Categories of Personal Data), we do not collect, receive, store, or have access to Face Recognition Data processed by our third-party providers in this process.
If you go through the third-party age estimation process, we will only receive the results (pass/fail and the reason for failure) to maintain a record of the age estimation process.
If you fail the age estimation process (e.g., if the technology predicts you look under a certain age threshold even though you are over 18), you may have the option to undergo the third-party age and identity verification process mentioned above.
MORE INFORMATION ON OUR ONBOARDING PROCESSES
Why does BeFanz use third-party face recognition technology?
The use of face recognition technology by our third-party providers is a key technological step in our broader onboarding process for Creators and Fans. It helps ensure the safety and security of BeFanz and ensures our compliance with applicable laws.
We rely on third-party service providers to carry out age and identity verification on our behalf, acting as data processors.
How does Face Recognition Data help prevent fraud?
Face recognition technology helps reduce the risk of fraudulent activities such as spoofing face images or uploading fake government-issued identity documents during the onboarding process.
In cases where our third-party providers detect possible fraud (e.g., the use of manipulated documents), they may retain a record of such attempts, including Face Recognition Data, for the purpose of preventing illegal activities and ensuring that fraudulent users cannot access BeFanz.
Periodic Authentication of Your Age and Identity
During your time as a member of BeFanz, we may require you to periodically authenticate your identity. If you have previously gone through the third-party age and identity verification process, and where permitted by applicable law, our third-party providers may retain your Face Recognition Data to help verify your identity in future authentication processes.
In such cases, you will not need to submit your government-issued ID again to authenticate your identity.
Withdrawing Your Consent
If you wish to withdraw consent for the retention of your Face Recognition Data for subsequent authentication purposes, you can contact us at privacy@befanz.com. While withdrawing consent will not prevent you from completing future authentication processes, it may require you to provide your government-issued ID again during authentication.
How and Why Your Personal Data Is Used and Lawful Bases for Processing
We process Personal Data based on one or more of the following legal grounds:
Consent: Your consent is specifically requested in certain situations, such as:
(i) the processing of Face Recognition Data by our third-party providers as part of the age and identity verification process for Creators (and Fans in some cases or locations); and
(ii) the age estimation process (which may include the use of Face Recognition Data) by our third-party providers for Fans in specific locations.
Please refer to Section 9 (our onboarding processes) for more details.
Performance of a Contract: By using our Services, you enter into an agreement with us through our Terms of Service. We process Personal Data to fulfill that contract, such as:
Completing transactions between Fans and Creators;
Processing Creator earnings;
Enforcing the terms of that contract.
Legitimate Interests: We may process Personal Data if it serves our legitimate interests or those of a third party. Some examples include:
Investigating and addressing reports made via our DMCA takedown process to protect a Creator's intellectual property rights.
Compliance with Legal Obligations: We may need to process Personal Data to comply with laws, regulations, and requirements where we operate, such as complying with financial or tax reporting obligations.
Task Carried Out in the Public Interest: We may process Personal Data when necessary for tasks that are carried out in the public interest. This can include reporting illegal activities to law enforcement or other relevant authorities and organizations.
We will only use your Personal Data for the purposes it was collected unless we reasonably believe it’s necessary for another compatible purpose.
Purposes for Processing Personal Data and the Legal Basis
The following table outlines the purposes for which we process your Personal Data, along with the corresponding legal basis:
[Purpose / Activity]
[Lawful Basis for Processing]
Account creation (both Creators and Fans)
Performance of a contract
Creator and Content Collaborator age and identity verification, and where applicable, subsequent authentication (involving Face Recognition Data)
Consent
Fan age and identity verification and, where applicable, subsequent authentication (in certain circumstances or locations, involving Face Recognition Data)
Consent
Fan age estimation (in specific locations, involving the use of Face Recognition Data)
Consent
Fan age verification (without third-party age verification or age estimation)
Performance of a contract
Government identity document validity check and maintaining records of age and identity verification
Performance of a contract
Maintaining a record of the age estimation process (for Fans in certain locations)
Performance of a contract
Providing the Services, including hosting Creator content, fulfilling transactions between Fans and Creators, and processing Creator earnings
Performance of a contract
Identifying Referring Users and Referred Creators under the Referral Program as outlined in our Terms of Service
Consent
Providing technical support to Fans and Creators
Performance of a contract
Communicating about the Services, responding to support requests, or sharing information about the Services (e.&, updates to our Terms of Service or Privacy Policy)
Performance of a contract
Ensuring compliance with and enforcing our Terms of Service and other usage policies (e ,, Acceptable Use Policy)
Performance of a contract
Moderation and filtering;
• Text and content uploaded to BeFanz
Livestreaming on BeFanz
Content sent in chat messages on BeFanz
Investigating violations of our Terms of Service | Performance of a contract | | Filtration of text in direct messages to investigate violations of our Terms of Service | Performance of a contract | | Removal of illegal content and deactivating user accounts if needed | Compliance with legal obligations | | Removing content that violates Terms of Service, and deactivating accounts when necessary | Performance of a contract | | Maintaining a record of banned users to prevent access to BeFanz | Legitimate interests | | Reporting illegal activity to law enforcement, authorities, or non-governmental organizations | Compliance with legal obligations, Legitimate interests, Task carried out in the public interest | | Providing relevant information to law enforcement, authorities, or NGOs during investigations | Compliance with legal obligations, Legitimate interests, Task carried out in the public interest | | Preserving and sharing Personal Data in legal proceedings (e.g., litigation) | Legitimate interests | | Compliance with applicable laws and regulations | Compliance with legal obligations, Legitimate interests | | Monitoring transactions, systems, and networks to detect fraud, malicious activity, and ensure security | Legitimate interests, Substantial public interest | | Protecting the rights and property of our users, us, and third parties | Legitimate interests | | System maintenance, testing, reporting, and hosting data to improve service performance | Legitimate interests | | In the event of a sale, merger, or restructuring | Legitimate interests | | Processing Personal Data related to sponsorships or third-party business relationships | Performance of a contract, Legitimate interests |
Obtaining Your Personal Data
We collect Personal Data from the following sources:
Directly from You: When you provide it to us directly, such as when opening an account, updating your Personal Data, or communicating with us (e.g., via User Data or Account Data). This includes interactions through our social media pages.
Automatically or Indirectly from You: Through your use of the Services (e.g., Transaction Data, Technical Data, Usage Data). This also applies if you sign in via third-party services or link a third-party account to BeFanz.
From Our Service Providers: We may receive Third-Party Onboarding Data and certain Technical Data from our third-party age and identity verification providers, as permitted by applicable law.
Sharing your Personal Data
We share Personal Data with the following categories of third parties:
Our third-party service providers: This includes our IT, payment processing, customer support, content and text moderation, tax automation, and age and identity verification/age estimation service providers. The lawful basis we rely on for sharing Personal Data with these recipients is that it is necessary for our legitimate interests (i.e., receiving services to support business operations).
Our professional advisers: These include legal advisers, bankers, auditors, accountants, consultants, and insurers. Our professional advisers will process Personal Data as necessary to provide their services to us. The lawful basis we rely on for sharing Personal Data with these recipients is that it is necessary for our legitimate interests (i.e., obtaining professional services).
Corporate transactions: In the event of a potential sale, merger, acquisition, business reorganization, or group restructuring, we may share your data with relevant third parties. The lawful basis we rely on for sharing Personal Data with these recipients is that it is necessary for our and the relevant third parties’ legitimate interests (i.e., assessing and implementing potential transactions).
Our group companies: To facilitate the centralized coordination and management of our business in accordance with the purposes outlined in Section 8 (categories of Personal Data). These recipients will process Personal Data in the same way as set out in this Policy. The lawful basis we rely on for sharing Personal Data with these recipients is that it is necessary for our legitimate interests (i.e., coordinating the global operations of our business).
Relevant authorities, regulators, and organizations: This includes government authorities (such as law enforcement and tax authorities), regulators, and certain non-governmental organizations (like the National Center for Missing & Exploited Children (NCMEC)). These recipients will use your Personal Data to carry out their regulatory, legal, or charitable roles. The lawful basis for sharing Personal Data with these recipients may vary depending on the context. It may be necessary to comply with a legal obligation to which we are subject, necessary for our or a third party’s legitimate interests, or may be in the public interest. This includes, for example, reporting illegal content to or assisting authorities, regulators, and organizations to protect the safety of our users and third parties and comply with financial/tax reporting requirements (e.g., DAC7 in the European Union).
International data transfers
We share your Personal Data within our group companies and to third parties as outlined in Section 12 (sharing your Personal Data).
In some instances, this will involve transferring your data outside of the UK, the EEA, and Switzerland. We make these transfers: (i) to countries deemed to offer adequate protection for Personal Data, (ii) using appropriate safeguards, or (iii) where permitted by applicable law.
Please contact us using the contact details in Section 19 (assistance and contact information) if you would like further information on the specific mechanism used when transferring your Personal Data outside of the UK, the EEA, and Switzerland.
Your rights regarding Personal Data
You have certain rights regarding the collection and processing of Personal Data. You may exercise these rights by contacting us using the contact details in Section 19 (assistance and contact information).
Under specific circumstances and subject to certain exceptions, you have the right to:
Withdraw your consent: Please note that withdrawing your consent will not affect the lawfulness of any processing carried out before you withdraw consent.
Request access to your Personal Data: You may request a copy of the Personal Data we hold about you and check that we are lawfully processing it.
Request correction of your Personal Data: You may request corrections for any incomplete or inaccurate Personal Data we hold about you.
Request deletion/erasure of your Personal Data: You may ask us to delete or remove Personal Data if we no longer have a legitimate reason to process it. This may also apply if you have exercised your right to object to processing (see below). Please note that we may not always be able to comply with deletion requests for specific legal reasons, such as if your account was deactivated due to a violation of our Terms of Service. For more details, see Section 17 (retention of Personal Data).
Request restriction of processing: You may ask us to suspend the processing of your Personal Data, for example, if you want us to verify its accuracy or the reason for its processing.
Request the transfer of some sections of your Personal Data to another party.
Object to processing: You may object to the processing of your Personal Data where we are relying on a legitimate interest for processing and there is something in your situation that makes you want to object.
We do not process Personal Data that is subject to solely automated decision-making, where that decision-making is likely to have a legal or similarly significant effect on you.
You also have the right to:
Lodge a complaint with a data protection regulator. For example, in the UK, this is the Information Commissioner's Office (ICO), and in Switzerland, this is the Federal Data Protection and Information Commissioner (FDPIC). If you are a resident of the EEA, you may wish to contact your local country's or state's data protection authority.
Appeal decisions in the U.S. If you are in the United States, you may be entitled to appeal decisions related to your privacy rights requests. Further details on how to do this are in Section 18 (additional U.S. State Privacy Disclosures).
Exercising your rights
If you wish to exercise your rights outlined in Section 14 (your rights regarding Personal Data), please contact us using the contact details in Section 19 (assistance and contact information).
To verify your identity, we may need additional information to assess, understand, and respond to your request. If the request is submitted by a third party authorized by you, we will require proof of authorization (e.g., a signed document or power of attorney) confirming the third party's right to submit the request on your behalf.
Choices and control over your Personal Data
Modifying and deleting your Personal Data: If you have an account with us, you can update your account settings on BeFanz. Please note that changes may take some time to take effect.
Access to device information: You can manage access to your Technical Data through your device's "Settings" app. For example, you can withdraw permission for the Services to access network devices or geolocation.
Email notification opt-out: We currently do not send direct marketing emails. However, we send notifications related to your account (e.g., when a new subscriber joins or if someone renews their subscription). You can opt out of certain types of email communications by changing your notification preferences on BeFanz. You can also email us at support@befanz.com with "Email notification opt-out" in the subject line, including your name and account email.
Please note that you cannot opt out of essential email notifications necessary for the Services or required by law (e.g., account verification, transactional communications, updates to features, security notices).
Retention of Personal Data
We will retain your Personal Data for as long as reasonably necessary to fulfill the purposes for which it was collected, as described in this Policy. The retention period is determined case by case, depending on the circumstances.
We retain Personal Data in the following contexts:
Providing Services: We retain Personal Data for the duration of your account or as needed to provide specific features of our Services.
Trust and safety: If you violate our Terms of Service or if we need to retain data for investigating illegal activity or protecting user safety, we will retain Personal Data for as long as necessary.
Compliance with laws: For example, we may need to keep certain records for up to 7 years for tax or legal purposes or if we receive a valid legal request.
Legal claims: Personal Data is retained in accordance with statutory limitation periods, and we may retain it longer to defend against legal claims related to you.
Additional U.S. State Privacy Disclosures
Residents of certain U.S. states have additional privacy rights. For more information, please refer to the details provided in the Policy or contact us for clarification.
Assistance and contact information
We have designated a Data Protection Officer ("DPO") to address your concerns about this Policy and our handling of Personal Data.
For inquiries about this Policy or our use of Personal Data, please submit a ticket through your account or email us at support@befanz.com.
California Specific Disclosures
For residents of California, the following disclosures apply:
We collect Personal Data, including identifiers, customer records, commercial information, biometric data (such as Face Recognition Data), internet/network data, and professional information. For a detailed breakdown, see Section 8.
We do not sell Personal Data for targeted advertising purposes, and we do not share Personal Data for such purposes.
Minors
Our Services are intended exclusively for individuals aged 18 or older. Anyone under the age of 18 is prohibited from using the Services. By using the Services, you confirm you are 18 years or older.
DELAWARE SPECIFIC DISCLOSURES
The following disclosures apply to residents of the State of Delaware:
Personal Data Collection
Under Delaware law, we are required to disclose to you the types of Personal Data we collect by referencing the categories defined under Delaware law. The categories of Personal Data we collect are outlined in detail in Section 8 (categories of Personal Data):
Identifiers: such as your name, address, phone number, email address, passport or other government identity information, including driver’s license information, account information, or other similar identifiers.
Customer Records: such as your driver's license number, passport number, partial debit card information, partial credit card information, bank account information, or other payment or financial information.
Protected Classification Characteristics: such as age, date of birth, and gender.
Commercial Information: such as information about products or services purchased and your use of our Services.
Biometric Information: which is limited to Face Recognition Data, used by our third-party providers for age and identity verification purposes. Face Recognition Data remains with our third-party providers, and we do not ourselves collect, receive, possess, or have access to this data.
Internet/Network Information: such as device information and log data.
Sensory Information: such as pictures and videos (content) you upload to our platform.
Professional/Employment Information: such as the business or organization you are associated with, and, where applicable, your title with that business or organization, and information relating to your role with the business or organization.
Other Personal Data: such as communication preferences, customer service and communication history, personal data an individual permits us to see when interacting with us through social media, personal data provided to us in relation to a question or request, and messages you send us through our Services or make available to us on social media.
Inferences: such as information generated from your use of our Services.
We may disclose all of these categories of Personal Data for business purposes to service providers or other third parties, as described in this Policy.
Disclosure of Personal Data
As set out in Section 12 (sharing your Personal Data), we may disclose the categories of Personal Data identified above to the following categories of third parties for various business purposes: our group and affiliated companies, service providers, our professional advisers, business partners, other businesses as needed to provide our Services, and certain third parties where you have provided consent, where it is in connection with a corporate transaction, or where we are required by law or in connection with other legal processes.
Sources of Personal Data
We collect Personal Data directly from you, from your browser or device when you interact with our Services, from our business partners and affiliates, third parties you direct to share information with us, and other third-party providers. For more details, please see Section 11 (obtaining your Personal Data).
Purpose for Collection
We collect Personal Data about you for the purposes set out in Section 10 (how/why your Personal Data is used and lawful bases for processing).
Notice of Financial Incentives
As discussed above, we do not use cross-site tracking technologies, nor do we sell Personal Data collected about you, or share Personal Data for cross-context behavioral advertising. We do not send direct marketing emails.
We currently offer a Referral Program, whereby existing Creators of our platform can use their unique referral code to introduce people who are interested in becoming Creators. The referring Creator will receive referral payments based on the referred Creator's earnings. The Referral Program is subject to our Terms of Service, and any such referral payments are calculated and limited as described in the Referral Program Terms.
Any Personal Data associated with the referring Creator or the referred Creator is processed in accordance with this Policy.
We have determined that the value of the Referral Program is reasonably related to the value of the Personal Data we process in connection with the Referral Program, based on our reasonable but sole determination. We estimate the value of the Personal Data we receive and process by considering the expenses incurred in collecting and processing it, as well as facilitating the Referral Program.
You may exercise your rights in relation to your Personal Data as outlined in this Policy by submitting a ticket through your account or emailing privacy@befanz.com.
Asistencia e información de contacto
Hemos designado un Oficial de Protección de Datos ("DPO"), cuyas responsabilidades incluyen, junto con nuestro equipo de especialistas en privacidad, responder preguntas, solicitudes y preocupaciones en relación con esta Política y el uso de los Datos Personales.
Si tiene preguntas sobre esta Política o cómo procesamos sus Datos Personales, puede enviar un ticket a través de su cuenta o enviarnos un correo electrónico a privacy@befanz.com.
