Terms of Use

Version: October 1, 2025

Fansy provides its users (hereinafter the « User(s) » or the « Data Controller ») with the « Fansy » software (hereinafter « Fansy »), a mobile application that enables the capture and sharing of video clip links. The capture and sharing functionalities are only permitted when the prior express consent of the right holder has been obtained and verified by Fansy. The app is accessible through the Fansy mobile application (hereinafter the « mobile app »).

The data thus collected by the User with Fansy may be publicly accessible on the Internet or social networks. They may contain personal data of third parties.

The User of Fansy, being the originator of the capture and sharing request, i.e., having determined the content to be captured and shared via Fansy, assumes the role of Data Controller within the meaning of Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable from 25 May 2018 (hereinafter the « GDPR »). Fansy, as the provider of the Fansy solution and host of the results, assumes the role of Processor within the meaning of Article 4(8) of the GDPR.

I. Object

These Terms of Use define the conditions under which Fansy undertakes to perform, on behalf of the User of Fansy as Data Controller for the data collected by Fansy, the personal data processing operations defined below.

Within the framework of their contractual relations, the parties undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, the GDPR as well as the French Data Protection Act of 6 June 1978 as amended.

II. Description of the Processing Subject to These Terms

Fansy is authorized to process on behalf of the User the personal data necessary to provide the services offered by the various subscriptions of Fansy:

Fansy is a tool that enables the capture and sharing of video clip links. The capture and sharing functionalities are only available when the prior express consent of the right holder has been obtained and verified by Fansy. Without this consent, these functionalities are not permitted and remain disabled. The captured content is presented by Fansy and hosted on Fansy’s server and made available to the User.

The purpose of the processing carried out by Fansy on behalf of the User is to provide Fansy services to the User as part of the performance of its contractual obligations.

The data processed by Fansy on behalf of the User are data captured through the mobile app according to the User’s requests, subject to right holder consent verification. Such data may include personal data of third parties.

The categories of data subjects are persons whose content is captured or shared via the Fansy mobile application.

III. Duration of the Terms

These Terms of Use are valid for the entire duration of the contractual relationship between the parties as defined in the General Terms and Conditions.

IV. Fansy’s Obligations vis-à-vis the Data Controller

Fansy undertakes to:

  1. Process the data only for the sole purposes that are the subject of the processing, as defined above;

  2. Process the data in accordance with the documented instructions of the Data Controller. It is understood that the instructions that Fansy must apply for the processing of the Data Controller’s data result from the description of the services and subscriptions in the mobile app, the General Terms and Conditions, and these Terms of Use. Any specific instruction derogating from the Data Controller requires a written agreement between the parties.

If Fansy considers that an instruction constitutes a violation of the GDPR or any other provision of Union law or Member State law relating to data protection, it shall immediately inform the Data Controller.

Furthermore, if Fansy is required to transfer data to a third country or to an international organization, by virtue of Union law or the law of the Member State to which it is subject, it must inform the Data Controller of that legal obligation before processing, unless the law concerned prohibits such information on important grounds of public interest;

  1. Guarantee the confidentiality of personal data processed under these Terms;

  2. Ensure that persons authorized to process personal data under these Terms:

    • Undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality

    • Receive the necessary training in personal data protection;

  3. Take into account, with regard to its tools, products, applications or services, the principles of data protection by design and data protection by default.

6. Subprocessing

Fansy may use another subprocessor (hereinafter « the Sub-processor ») to carry out specific processing activities. At the User’s request, Fansy may make available to the User the current list of Sub-processors. Fansy informs the User in advance and in writing of any planned change concerning Sub-processors. This information must clearly indicate the subcontracted processing activities, the identity and contact details of the Sub-processor and the dates of the subcontracting agreement. The Data Controller has a period of 15 days from the date of receipt of this information to submit any objections. This subcontracting can only be carried out if the Data Controller has not objected during the agreed period.

It is Fansy’s responsibility to ensure that the Sub-processor provides the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the GDPR.

7. Exercise of Data Subjects’ Rights

Insofar as possible, Fansy must assist the Data Controller in fulfilling its obligation to respond to requests for the exercise of data subjects’ rights: right of access, rectification, erasure and objection, right to restriction of processing, right to data portability, right not to be subject to an automated individual decision (including profiling).

When data subjects exercise their rights with Fansy, Fansy must forward these requests immediately upon receipt by email to the Data Controller, at the email address indicated by the User when creating their customer account or to contact@fansy.ai.

8. Notification of Personal Data Breaches

Fansy notifies the Data Controller of any personal data breach within a maximum period of 48 hours after becoming aware of it and by email to the email address indicated by the User when creating their customer account or to contact@fansy.ai. This notification is accompanied by all useful documentation to enable the Data Controller, if necessary, to notify this breach to the competent supervisory authority.

9. Fansy’s Assistance in the Context of the Data Controller’s Compliance with its Obligations

Fansy assists the Data Controller in all its steps and obligations to comply with the requirements of the GDPR and Member State legislation on the protection of personal data, and in particular in preparing an impact assessment or prior consultation with the competent supervisory authority.

10. Security Measures

Fansy undertakes to implement all necessary technical and organizational measures to guarantee an adequate and sufficient level of security, integrity and confidentiality for the processing and storage of data it processes for the Data Controller.

Fansy has deployed a robust security system to ensure the highest security of collected data and to detect data breaches. This includes physical security of buildings housing its systems, IT system security to prevent external access to data, and secure data backups.

11. Fate of Data

At the end of the service provision relating to data processing carried out with Fansy, Fansy undertakes to destroy all data it has processed and backed up for the User during the entire duration of the contractual relationship, namely the reports edited by Fansy and saved by Fansy for the User.

12. Register of Categories of Processing Activities

Fansy declares that it keeps a written register of all categories of processing activities carried out on behalf of the Data Controller containing the information provided for in the GDPR.

13. Documentation

Fansy makes available to the Data Controller the documentation necessary to demonstrate compliance with all its obligations and to allow the performance of audits, including inspections, by the Data Controller or another auditor it has mandated, and undertakes to contribute to these audits.

V. Data Controller’s Obligations vis-à-vis the Processor

The Data Controller undertakes to:

  1. Provide Fansy with the data referred to in Section II of these Terms in order to enable it to carry out the processing necessary for Fansy services;

  2. Respect its obligations as Data Controller resulting from the GDPR as well as the regulations in force regarding the protection of personal data and in particular guarantee to Fansy that the requests made on Fansy (in particular the determination of content to capture and share) do not contain sensitive data and that it has obtained the necessary authorizations for the processing of the collected data, and especially the prior consent of right holders, which Fansy verifies before enabling capture and sharing functionalities;

  3. Document in writing any instruction concerning the processing of data by Fansy that deviates from the contractual processes described in the mobile app, in the General Terms and Conditions or in these Terms of Use;

  4. Ensure, beforehand and throughout the duration of the processing, compliance with the obligations provided for by the GDPR on the part of Fansy;

  5. Supervise the processing, and if necessary carry out audits and inspections with Fansy, informing Fansy at least 30 days before the start of audit operations;

  6. Actively contribute to data security by taking all necessary technical and organizational measures and in particular by ensuring the confidentiality of its access codes and passwords to Fansy services;

  7. Ensure that it has the consent of the persons concerned by the processing of personal data and do what is necessary to obtain valid consent from said persons, particularly ensuring that right holder consent is obtained before attempting to capture or share video content;

  8. In general, undertake to respect all of its legal obligations resulting from these Terms of Use and the General Terms and Conditions.


Contact:
Fansy
32, allée de la Robertsau
67000 Strasbourg
France
RCS Strasbourg
contact@fansy.ai