FPS Lounge™, Inc. ("Company" "we" or "us" or "our") respects the privacy of its users ("user" or "you"). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit the FPS Lounge website ("Site"), mobile application and services ordered through the Site (individually and collectively, the "Service"). Please read this Privacy Policy carefully. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE SITE.
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have accepted changes by your continued use of the Service after revised Privacy Policy is posted.
Definitions
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account - means a unique account created for you to access our Service or parts of our Service.
Affiliate - means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application or App - means the software program provided by the Company downloaded by you on any electronic device.
Cookies - are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.
Device - means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Do Not Track ("DNT") - is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
including - means including but not limited to.
Personal Information - is any information that relates to an identified or identifiable individual. For the purposes of the CCPA, Personal Information means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you and has the meaning set forth in CCPA § 1798.140(o).
Service(s) - refers to the Application, Coaching or other services provided in and Site, individually and collectively.
Service Provider - means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies and individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service - refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data - refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website - refers to the FPS Lounge™ Site, accessible at www.fpslounge.com.
You - means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
We may collect information about you in a variety of ways. The information we may collect via the Service depends on the content and materials you use, and includes:
Personal Information
The Personal Information we capture is demographic and we may capture personally identifiable information (such as together your name, mailing address, email address and/or contact phone) that you voluntarily give to us when choosing to participate in various activities related to the Service, such as making a purchase, registering an account, sending feedback or responding to surveys. If you choose to share data about yourself via your profile or other interactive areas of the Service, please be advised that all data you disclose in these areas is public and your data will be accessible to anyone who accesses the Service, including coaches. If you use third party links on the Site, you leave our site and are then subject to that third party site (such as Facebook, Twitch, etc.).
FPS Lounge™ Derivative Data
We may collect information on our servers automatically collect when you access the Service, such as your native actions that are integral to the Service, as well as other interactions with the Service via server log files. This is Derivative Data.
Financial Data
We may collect some Financial information, such as data related to your payment method type if you set up an account with us, but it is not personal information or sensitive personal information, such the payment account number. You leave our Site when you make payments to go to Stripe or Paypal at your election, and when on those third party sites, you are subject to their terms of service and privacy policies.
Data from Social Networks
We collect user information from social networking sites, such as Facebook, Instagram, Discord, Tik Tok or Twitter, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. This information may also include the contact information of anyone you invite to use and/or join the Service.
Geo-Location Information: We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
Mobile Device Access: We may request access or permission to certain features from your mobile device, including your mobile device's Universally Unique Identifier (UUID), storage, reminders, notifications, social media accounts and other features. If you wish to change our access or permissions, you may do so in your device's settings.
Push Notifications: We may ask to send you push notifications regarding your account or the mobile application, including coaching session reminders. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.
Social Media Permissions: If you give us permission via the respective app, we will access your social media basic account information to enhance your profile on our Site. We may also request access to other permissions related to your account, such as friends, check-ins, and likes.
Data From Contests, Giveaways, and Surveys
Personal and other information you may provide when entering sweepstakes, games, tournaments, contests or giveaways and/or responding to surveys.
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Service to:
- Legally administer sweepstakes games and contests
- Increase the efficiency and operation of the Service
- Compile anonymous statistical data and analysis for use internally or with third parties
- Create and manage your account
- Deliver targeted advertising, coupons, newsletters, and other information regarding promotions
- Email you regarding your account or order
- Enable user-to-user communications
- Fulfill and manage purchases, orders, payments, and other transactions
- Generate a personal profile about you to make future visits more personalized
- Monitor and analyze usage and trends to improve your experience
- Notify you of updates to the Service
- Offer new products, services, and recommendations
- Process payments and refunds
- Request feedback and contact you about your use of the Service
- Resolve disputes and troubleshoot problems
- Respond to product and customer service requests
- Send you marketing materials
- Solicit support for the Service
- Respond to legal process
We may share information we have collected about you in certain situations. Your information may be shared as follows:
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
Marketing Communications
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
Third-Party Advertisers
We may use third-party advertising companies to serve ads when you visit the Service. These companies may use information about your visits to the Service and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
Affiliates
We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include any subsidiaries, business partners or other companies that we control or that are under common control with us.
Business Partners
We may share your information with our business partners to offer you certain products, services or promotions.
Social Media Contacts
If you connect to the Service through a social network, your contacts on the social network may see your name, profile photo, and descriptions of your activity.
Other Third Parties
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
Sale or Bankruptcy
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the acquirer or successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.
Cookies and Web Beacons
We use cookies, web beacons, tracking pixels, and other tracking technologies on the Service to help customize the Service and improve your experience. When you access the Service, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Service. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser's settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
Internet-Based Advertising
Additionally, we may use third-party software to serve ads on the Service, implement email marketing campaigns, and manage other interactive marketing initiatives, including, without limitation, Google Ads, Meta Business Audiences, Twitter Audiences and Tik Tok Audiences. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us.
Website Analytics
We may also partner with selected third-party vendors to allow tracking technologies and remarketing services on the Service through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Service, determine the popularity of certain content, and better understand online activity. By accessing the Service, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can install and/or update your settings for one of the following:
Digital Advertising Alliance Opt-Out Tool Google Analytics Opt-Out Plugin Network Advertising Initiative Opt-Out Tool Your Ad Choices
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
The Service may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us such as Facebook and Twitch. Once you have used these links to leave the Service, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Service.
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. We cannot guarantee complete security if you provide personal information.
We do not knowingly solicit information from or market to children under the age of 13 in the US, 15 in Canada and 16 in the EU, UK and Switzerland. In the event we discover we have collected information from an underage person in a manner inconsistent with the Children's Online Privacy Protection Act's or other applicable laws for their jurisdiction's requirements, we will either delete the information or immediately seek the parent's consent for that collection. If you become aware of any data we have collected from children, please contact us immediately at privacy@fpslounge.com so that we can properly address the situation. Additional terms regarding persons under the age of 18 are found in our Terms of Service [please add link to the ToS].
Most web browsers and some mobile operating systems include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.
You may at any time review or change the information in your account or terminate your account by contacting us using the contact information provided below.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms &
Conditions and/or comply with legal requirements.
If you no longer wish to receive correspondence, emails, or other communications from us, you
may opt-out by:
- Noting your preferences at the time you register your account with the Service
- Contacting us using the contact information provided below
If you no longer wish to receive correspondence, emails, or other communications from third
parties, you are responsible for contacting the third party directly.
The following describes current laws in US and Canada and your rights if you are a resident or
work in any of the locations below. Defined terms that are not in these terms can be found in
FPS Lounge™
This section applies only to California residents. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”).
Please note that FPS Lounge™’s website is designed for businesses and people interacting with businesses and is not intended for personal or household use. Accordingly, we treat all personal information about any visitors to the Site to individuals acting as business representatives, rather than in their personal capacity. We do not sell your personal information. Like most companies, we use cookies and other tracking tools to analyze website traffic. If you would like to opt out of FPS Lounge™’s (and its third-party partners) that may use cookies and other tracking technologies, please review the instructions provided in the Cookie Policy.
Your California privacy rights. The CCPA/CPRA laws grant individuals whose information is governed by the CCPA/CPRA the following rights:
- Information. You can request information about how we have collected and used your Personal Information during the past 12 months. We have made this information available to California residents without having to request it by including it in this Privacy Policy.
- Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
- Deletion. You can ask us to delete the Personal Information that we have collected from you.
- Opt-out of marketing communications. If you do not wish to receive FPS Lounge™ newsletters or communications regarding other FPS Lounge™ products, you can opt-out.
- You are entitled to exercise the rights described above free from discrimination.
Please note that the CCPA/CPRA acts limit these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request. If we deny your request, we will communicate our decision to you.
To exercise the access, data portability and deletion rights described above, please submit a verifiable consumer request for your:
- Right to information, access and deletion. You can request to exercise your information, access and deletion rights by sending a data subject access request or other inquiry to the information in the Contact Us section of these terms and in the Privacy Policy.
After receipt of your request, we may require:
- Identity verification. You will be asked to verify your email address. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information that relates to you.
Authorized agents. If you are an “authorized agent” empowered to submit requests on behalf of a third party, we will require additional evidence showing authorization.
Here is more information about the California laws: https://oag.ca.gov/privacy/ccpa.
If you are a Virginia resident, you have rights similar to the California-specific privacy practices above, except with different procedures and some additional rights. You may file claims with the Virginia Attorney General’s Office and they will investigate and process claims directly with the company on your behalf. In addition, Virginia has a process granting you the right to appeal decisions. For Virginia residents, more information may be found by following this link: https://law.lis.virginia.gov/vacodefull/title59.1/chapter53/
Colorado and Connecticut have data privacy laws that became effective beginning July 1, 2023. In general, Privacy specialists liken the Colorado law to the CCPA/CPRA, while the Connecticut law is considered very similar to Virginia’s law. Utah’s law became effective December 31, 2023. All US jurisdictions with active data privacy laws use the concept of data subject access requests (“DSAR”s) and validation of the DSAR request. If you are a Colorado, Connecticut or Utah resident, more information may be found by following the applicable links below.
Colorado: https://leg.colorado.gov/bills/sb21-190
Connecticut: https://portal.ct.gov/AG/Sections/Privacy/The-Connecticut-Data-Privacy-Act
Utah: https://iapp.org/news/a/utah-becomes-fourth-state-to-enact-comprehensive-consumer-privacy-legislation/
Texas, Oregon and Florida have enacted laws that will go into effect July 1, 2024. Other states, including Montana, Delaware, Iowa and Tennessee are set for late 2024 and 2025 with others planned to come online thereafter.
Texas: The Texas state website is not yet active at the time of publication of this California, US states and Canadian Data Privacy Rights supplement. For your convenience, the following link provides a summary of the Act and rights for Texans covered by the Act: https://iapp.org/news/a/texas-comprehensive-privacy-bill-signed-into-law/
Oregon: The Oregon state website is not yet active at the time of publication of this California, US states and Canadian Data Privacy Rights supplement. For your convenience, the following link provides a summary of SB619 and the rights of Oregon consumers: https://www.doj.state.or.us/media-home/news-media-releases/oregon-legislature-passes-ag-rosenblums-long-awaited-consumer-data-privacy-law/
Florida: The Florida state website is not yet active as of publication of these terms. Information about the new Florida Digital Bill of rights, which differs from other US State acts in its focus on big tech companies that share or sell consumer personal information, including with their affiliates, please see: https://iapp.org/news/a/desantis-signs-floridas-digital-bill-of-rights.
If you are a resident of the above US states at the time the laws are in effect, please Contact Us to request that we provide you with information, or to add, modify (correct) or delete personal information we may have about you under your state’s law.
You have certain rights afforded to you as a Canadian resident when it comes to your personal information. These rights, and the obligations of companies processing your personal information, are dictated by Federal and applicable provincial laws in Canada. Please be sure to check websites for additional federal and provincial updates.
Federal Laws: FPS Lounge™ follows the fair information principles established by the Personal Information Protection and Electronic Documents Act (“PIPEDA”). More specifically, at FPS Lounge™, we take responsibility for personal information under our control (eg. by having a Data Protection Officer) and our Privacy Policy provides detailed information about what personal information we collect and how it is used and processed by us and our subprocessors to enable individuals to give informed consent. Where possible, we limit what we collect to only those purposes identified in our terms of service and privacy policy and we have data retention and other organizational measures and safeguards in place to limit use and disclosure of data and to prevent unauthorised access to the same. We also endeavour to keep personal information accurate, complete and up to date. If you wish to access the personal information we have about you or you believe that any personal information we have about you is incorrect or incomplete or if you have any other questions or concerns regarding our data practices and compliance with PIPEDA, please Contact Us.
FPS Lounge™ periodically monitors developments in Canada privacy laws including Bill C-27: Digital Charter Implementation Act which, if implemented would introduce further changes to privacy laws in Canada. We will update our policies and data practices as required to keep pace with legislative changes in this area.
Provincial Laws: if you are a resident of or work in certain Canadian provinces such as British Columbia, Alberta or Quebec, you may have additional provincial data privacy rights. Further information may be found by following the applicable links which are provided for ease of reference:
British Columbia: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03063_01
Alberta: https://www.alberta.ca/personal-information-protection-act-overview
Quebec: https://iapp.org/news/a/new-privacy-requirements-under-quebecs-law-25-now-in-force/
This GDPR Privacy Policy supplements the Privacy Policy and applies to all individuals who are within the European Economic Area ('EEA'), the UK or Switzerland ('you'). We adopt this notice to comply with the General Data Protection Regulation (GDPR) and any terms defined in the GDPR have the same meaning when used herein..
More information about GDPR can be found here: https://gdpr.eu/what-is-gdpr/
More information about the UK Data Protection Law can be found here: https://www.gov.uk/data-protection
More information about the Swiss data protection laws, please see: https://www.dataguidance.com/notes/switzerland-data-protection-overview
Our Company does not sell your information or use your information for any third-party marketing purposes. We may market to you directly by emailing you information about FPS Lounge™’s Services. You are free to opt out of such communications at any time by Contacting Us.
Sharing your data
FPS Lounge™ makes reasonable efforts to limit the number of Personal Data fields it collects and saves about you, and that it shares about you with its customers and suppliers, for example when you place an order or make a payment on our Site. Personal Data sharing is limited to information in your account. To enable our Services and protect your personal information when it is shared with third parties under contract with FPS Lounge™, you will be able to use links from our Order Form directly to Stripe or Paypal, so that we do not obtain your sensitive payment account information.
What are your data protection rights?
Our Company would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
1. The right to access - You have the right to request Our Company for copies of your personal data. We may charge you a small fee for this service.
2. The right to rectification - You have the right to request that Our Company correct any information you believe is inaccurate. You also have the right to request Our Company to complete information you believe is incomplete.
3. The right to erasure - You have the right to request that Our Company erase your personal data, under certain conditions.
4. The right to restrict processing - You have the right to request that Our Company restrict the processing of your personal data, under certain conditions.
5. The right to object to processing - You have the right to object to Our Company's processing of your personal data, under certain conditions.
6. The right to data portability - You have the right to request that Our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you have any questions about Our Company's Privacy Policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us by
How to contact the appropriate authority
If you are a resident of the EEA or have identified Our Company as your data controller, and believe we process your information in scope of the General Data Protection Regulation (GDPR), and have further questions, wish to report a complaint, or if you feel that Our Company has not addressed your concern in a satisfactory manner, you may direct your questions or complaints to the Office of the Data Protection Commissioner. If you are a resident of the UK, you may direct your questions or concerns to the UK Information Commissioner’s Office.
If you make a request, we will respond to you as required by Data Privacy laws. If you would like to exercise any of the above rights, please contact us at privacy@fpslounge.com and include your first name, last name residence address and your request in your email to us.
You can opt out of receiving ads that are personalized as served by our Service Providers by clicking on the links below:
- Digital Advertising Alliance Opt-Out Tool
- Google Analytics Opt-Out Plugin
- Network Advertising Initiative Opt-Out Tool
- Your Ad Choices
The opt out will place a cookie on your computer that is unique to the browser you use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.
Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
- "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices
- "Limit Ad Tracking" on iOS devices
You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.
If you have a privacy concern, complaint, or a question for us, please let us know your concern's details and the jurisdiction where you reside, and please contact us at:
FPS Lounge™, Inc.
701 Brickell Ave STE 1550
Miami, FL 33131
privacy@fpslounge.com
Unless otherwise stated, the data is processed in the United States of America and at any other location where other third parties processing information on behalf of FPS Lounge™ are located.
FPS Lounge™ is a creator marketplace that allows any gamer to play alongside and learn from the biggest streamers, creators, and pro players. We are a community Built By Gamers, For Gamers.
Last Revised: February 2025