Last Updated: 2021-05-19

Fnatic Group | Privacy Policy

Introduction

Fnatic collects data in the course of doing business.  We want to keep that data safe and secure.  We want to give the people to whom that data relates visibility and control over use of their data.

This privacy policy is quite a long document.  It’s long because we take our responsibility seriously, and that means providing as much information as we can in a way which (we hope!) is reasonably understandable by someone who isn’t a data privacy expert.  If you don’t understand any part of the policy or you have any questions about how we use data, please get in touch (via legal@fnatic.com).

In this privacy policy, any reference to "us", "we", "our" or "ourselves" is a reference to Fnatic, and the particular part of the Fnatic group that you have a relationship with. Any reference to "you", "your" and "yourself" is a reference to you as an individual who has a relationship with us or is in contact with us.

How this policy applies

This policy covers all of the data we collect as a business, globally.  Key sources of data include our websites (hosted under the domain fnatic.com, together our “Website”), our app, electronic communication platforms (such as email, social media, surveys and bots), our store (at shop.fnatic.com), the events we host and attend, the competitions we run, the operation of our teams and offices, and other more generic business activities.

Fnatic group includes companies based in Australia, China/ Hong Kong SAR, England, Japan, Germany, Serbia, Taiwan/ the ROC and the United States. Our main trading entity is Fnatic Ltd (company registration number 07805670) which is incorporated in England and operates from our London headquarters.  If you are based in the UK then this company will be the controller of your personal information.  If you are based outside of the UK then the controller of your personal information may be another part of our group that you interact with.  However, in most cases, for the interactions covered by this privacy policy it will be Fnatic Ltd that is the controller of your personal information.

Sometimes we may pass personal information to different parts of our group, so this privacy notice covers our whole group.  More than one part of our group may be a controller of your personal information.  However, wherever you are based, and regardless of which part of our group may be the controller of your personal information, any queries you have regarding your personal information will be dealt with by Fnatic Ltd.

Collecting your information

As you interact with us, we may collect and process a wide range of personal information about you. This might include:

  • Personal contact details such as name, title, address (including billing address and delivery address), email address, telephone number(s), gamer tag and social media handles.  This could be your information, or the contact details of someone else (like a gift or delivery recipient, or a credit card holder).
  • Information about your date of birth, age and gender.
  • Personal identification documentation, such as a passport or driving licence copy, and any other information used in background or fraud checks.
  • Details regarding or connected to products or services that you have ordered from us.
  • Details of apps that you have licensed from us to use and usage information relating to those apps, where it was downloaded from, traffic and communications data and resources accessed.
  • Device data where you use our apps or website. This may include information about the device you use and the unique device identifier (for example your device’s IMEI number, or the MAC address of the device’s wireless network interface), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting,  the IP address, device type, usernames and account details, and location data which may include your current location disclosed by your own software. We do not use separate location tracking software.
  • Profile data including your user name, purchase history, your interests, preferences, feedback and responses and any inferences drawn from any of personal data to create a profile about you to reflect your preferences, characteristics, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes.
  • Payment details, payment card details, bank account details, financial transactions and refunds.
  • Any terms and conditions relating to your relationship with us.
  • Any communications between ourselves and you.
  • Your social media handles, social media posts, information about your social media followers, information about any product/services endorsements by you and information about your followers that you tag us in.
  • Publicly available personal information, including any which you have shared via a public platform, online or on social media.
  • Personal history and information including hobbies, interests and your preferences.
  • Responses and results of surveys.
  • Fraud prevention related information which may include details of other transactions you have been involved in.
  • Applications to enter or attend competitions, promotions or events, attendance at events and promotions and any results or other related personal information.
  • How you use our website as we collect information about the pages you look at and how you use them, usernames, account details and passwords, entry and exit data when you look at or leave our website, details of products, events and materials that may be interest to you, online subscription information, for example, when you subscribe to one of our updates, blogs or other materials, browser related information, cookies that are set on your device by our website.
  • Your usage of the IT systems we make available to visitors to our premises.
  • IP address information which allows us to track your usage of our website.
  • Details of any queries, complaints, claims and cases involving both us and yourself including any related communications.
  • CCTV footage and other information obtained through electronic means, if you visit our premises.
  • Photographs, video footage, audio recordings and other content, for example any created as part of our marketing or promotion campaigns, which are taken at events we hold, when you enter a competition, posts made on social media or when you are on our premises or which you provide to us.
  • Any other personal information you provide to us.

We may also in some cases collect and process more sensitive special category personal information including equal opportunities monitoring information, information about your ethnic origin, sexual orientation, health and religion or beliefs.  Generally speaking, you’ll have the opportunity to choose whether or not to provide this information.  If we need to obtain it (for example, in relation to an event, where your COVID vaccination data may be relevant to your ability to access an event) we will have a legitimate interest in doing so.

Our payment and fraud prevention system may flag inconsistencies in the information you provide. If this happens, your order cannot be completed unless you provide personal identification information which allows us to confirm that your transaction is legitimate.

If you are providing us with details of any other individuals, for example a friend of yours that you ask us to deliver our products to where you have ordered them as a present, they have a right to know and to be aware of what personal information we hold about them, how we collect it and how we use and may share that information.  Please share this privacy policy with them. They also have the same rights as set out in this privacy policy in relation to their personal information that we collect.

Children’s information

Our supply of products and services, our apps, our website, events, promotions, social media, content, blogs, materials and other services we provide are not intended for use by children (i.e. anyone under the age of 18).  Generally we do not knowingly or intentionally collect personal information relating to children.

Parents, guardians or wards who become aware that we hold data relating to a child under their care are welcome to contact us to ensure the deletion of that data.  Again, please contact legal@fnatic.com for that purpose.  You can read more about how we prevent harm to children at Fnatic by visiting https://fna.tc/safeguarding.

Our rights to use the information you provide

The law determines how we can use your information.   In simple terms, the law states that we must have one or more reasons (known in the law as “bases”) to use your personal information.  The most common reasons are:

  • Contract - where we need to perform the contract we have entered into with you which covers your relationship with us or to take steps to enter into that contract.
  • Compliance with a legal obligation - where we need to comply with a legal obligation which applies to us, for example complying with laws relating to the sale of products to consumers or complying with data protection laws.
  • Legitimate interest - where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.  We have set out in the section below how we use your personal information together with more details on our legitimate interests.
  • Consent - generally we do not rely on or need your consent for most uses we make of your personal information, but we will need your consent to directly market our products and services to you by electronic communications channels.

Where we are processing any sensitive special category personal information about you (for example personal information revealing racial or ethnic origin, religious or philosophical beliefs,  or data concerning health) we also need to have one or more of the following legal bases for using your personal information.

  • Consent - where we have your explicit consent to do so.
  • Law - where it is necessary for us to comply with our obligations and exercising our rights in the field of employment law, social security law and social protection law, for example processing your health information so we can ensure our app is tailored to you and your exercise regime should be safe for you to follow or making sure it is safe for you to participate in one of our events or promotions or making any adjustments necessary for you to attend our premises.
  • Vital interests - where we need to protect your vital interests (or someone else's vital interests).
  • Public disclosure - where you have already made public the personal information.
  • Claims - in establishing, exercising or defending legal claims, whether those claims are against us or by us.
  • Public interest - where it is necessary in the public interest.

In many cases more than one legal basis may apply to our use of your personal information.  The key point here is that consent is not the only basis on which we can use personal information.

How we use information

We have set out the main uses below and indicated the main applicable legal bases of processing.  There may be other specific uses which are linked to or covered by the uses below.

We will process your personal information to:

  • perform our relationship with you. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests.  We may also in some limited cases rely on your consent.
  • handle any order you (or an individual known to you where the delivery is to be made to you) has placed with us, and to pick, pack, despatch, ship and track that order to make sure it arrives safely.  As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests.  We may also in some limited cases rely on your consent.
  • send you a message if you abandon your cart.  We have a legitimate interest in generating sales by retargeting customers who have already indicated a strong interest in purchasing goods from Fnatic; and a legitimate interest in understanding why a transaction may not have completed. It is important to note that we do not retain the email address utilised for cart abandonment emails, unless we are able to rely on consent.
  • provide any services you have asked to receive from us. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests.  We may also in some limited cases rely on your consent.
  • send to you any direct marketing materials about our products or services that you have asked to be sent to you. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests.  We also need you to give consent if we are going to market to you by electronic channels.
  • build and develop a profile for you as a customer or potential customer of our products, services, apps and to aim to send or show you content, advertisements or marketing materials which are most likely to be of interest to you.  This may include building a picture of the types of customers that buy our products by linking their email address to other publicly available data (e.g. social media profiles).  As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests.
  • monitor and manage our relationship with you, which may involve communications with you, decisions regarding your relationship with us and in some cases meeting with you.  As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests.
  • hold or conduct events, promotions or campaigns.  This will be in our legitimate interests, and in some cases we may rely on your consent to do this, for example if you provide us with a photograph to use.
  • manage our social media or online relationship with you. This will be in our legitimate interests, and in some cases we may rely on your consent to do this, for example if you provide us with a video, photograph or content to use.
  • hold or conduct events, promotions, campaigns and visits to our premises and manage your involvement in them.  This may relate to the entry into or performance of a contract with you either directly or indirectly, it may also be in our legitimate interests or we may have a legal obligation to do so.  We will obtain your consent for use of any image of you individually which we take at an event we control.  However, you should be aware that you may feature in non-individual, ‘crowd’ photography if you attend a Fnatic event, and that this photography may be used by Fnatic or its partners without your prior consent.  We consider this to be in our legitimate interests.
  • help train our staff, and make sure they deliver the high standards expected in relation to our brand.  This will be in our legitimate interests.
  • process and progress your job application.  This information may include your CV, other information you provide online, via email, in person at interviews and/or by any other method.  This will be in our legitimate interests.  We may also ​​obtain reference data from other organisations you have worked for or with.  As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests, and we may also have legal obligations or be exercising a legal right to do this.
  • carry out background, identity, fraud prevention or other checks in relation to you to decide whether to enter into or to enforce a relationship we have with you.  This will be in our legitimate interests, and in some cases we may have a legal obligation to do so.
  • fulfil legal obligations connected to our relationship with you or connected to visiting our premises - for example, to comply with consumer protection, data protection or health and safety laws.
  • keep and maintain proper records relating to your relationship with us and information about you which is relevant to that relationship. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests, and we may also have legal obligations to do this.
  • prevent, detect or prosecute criminal activity.  This will also be in our legitimate interests, we may also have legal obligations or be exercising a legal right to do this and it will also be in the public interest.
  • send you information relating to your investment in Fnatic, and comply with our general legal obligations in relation to shareholders.  This will be in our legitimate interests, and we may also have legal obligations or be exercising a legal right to do this.  We may also be required to disclose information regarding our investors to third parties (including game developers) to comply with our contractual obligations to developers, so as to avoid conflicts of interest and protect competitive integrity in our industry.
  • respond to you in relation to a query, complaint or enquiry (including any matter raised to us via our Speak Up policy at https://fna.tc/speakup) and deal with the points you have raised. This will also be in our legitimate interests, we may also have legal obligations or be exercising a legal right to do this.
  • gather evidence for and be involved in possible legal cases.  As well as relating to the entry into of a contract with you either directly or indirectly, this will also be in our legitimate interests, we may also have legal obligations or be exercising a legal right to do this and it may also be needed to establish, bring or defend legal claims.
  • manage and keep a record of our relationship with you and any associated information It may relate to the entry into or performance of a contract with you either directly or indirectly, it will also be in our legitimate interests, and we may also have legal obligations or be exercising a legal right to do this.
  • ensure effective general business administration and to manage our business. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests, and we may also have legal obligations or be exercising a legal right to do this.
  • monitor any use you make of our website, apps and information and communication systems and social media accounts to ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution and also to protect your personal information.  As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests, and we may also have legal obligations or be exercising a legal right to do this.  In relation to social media you may also have already made the personal information public.
  • conduct data analytics and analysis studies to review and better understand trends and improve our business, use of our website, apps and social media which relates to us, and those same things in relation to our competitors.  This will also be in our legitimate interests, and we may also have legal obligations or be exercising a legal right to do this.  We may sometimes anonymise and aggregate personal information for insight and research purposes, but this information will not identify you.
  • carry out market and/or product research, for example so that we can improve our offering and range of products or improve our use of our website, apps or social media.  This includes requests for reviews.  This is in our legitimate interest.

We process additional information in relation to companies with which we do business or are considering doing business.  This information includes:

  • Details of services carried out or products provided by you in connection with our relationship with you, details of your interest in and connection with any organisation which supplies any services or products to us, details of any financial products or services supplied to us.
  • Business related information, such as where you are a sole trader, a partner or a company director or a key member of staff of a business we have a relationship with.
  • Performance information related to our relationship with you or a business we have a relationship with.

We will only use your personal information for the purposes for which we collected it - unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.  If we need to use your personal information for an unrelated purpose, we will notify you by updating this privacy policy.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.  We will rarely need to rely on your consent to process any of your personal information.

Opting out

We aim to make it super simple for you to opt out of receiving marketing communications.  You can

  • Click the “unsubscribe” link in emails or any other electronic marketing materials we send to you.  It’s always there!
  • Email legal@fnatic.com.  Your email will get processed more quickly if you use the subject line “Data Subject Deletion Request”.

If you ask us to stop sending marketing communications, we can and will still send service messages (such as order updates and other non-marketing communications).  It will also not affect advertising that may appear on our website, other websites or our apps.

Automated decision-making

Automated decision-making takes place when an electronic system uses personal information to make a decision about that person without any human intervention which produces legal effects concerning them or similarly significantly affects them.

We do not currently use this type of automated decision making in our business in relation to you. However, we do use automated processing so that we can show you personalised advertisements whilst browsing our website or those of other companies and to build a customer profile for you.  Any advertisements you see may relate to your browsing activity on our website from your computer or other devices.

These advertisements are provided by us via external market leading specialist providers using techniques such as pixels, web beacons, ad tags, mobile identifiers and ‘cookies’ placed on your computer or other devices.

We may analyse your browsing and purchasing activity online and your responses to marketing communications.  The results of this analysis, together with other demographic data, allow us to decide what advertisements are suitable for you and to ensure that we draw to your attention products, services, events and offers that are tailored and relevant to you.  To do so, we use software and other technology for automated processing. This allows us to provide a more personalised services and experience.

We may review personal information held about you by external social media platform providers, such as the personal information available on social media platforms such as Twitter, Instagram, YouTube, Twitter, Facebook and TikTok.

We aim to update you about products and services which are of interest and relevance to you as an individual.  To help us do this, we process personal data by profiling and segmenting, identifying what our customers like and ensuring advertisements we show you are more relevant based on demographics, interests, purchase behaviour, online web browsing activity and engagement with previous communications.

Data sharing

We may share your personal information internally, with members of the Fnatic team who need to have access to this information to perform their roles. This includes in particular the following teams: customer support, order fulfilment, events, community, studio, legal and finance.

We may send your details to external parties to help us run our organisation and provide our services to you.  These are:

  • Anyone you have said you are happy for us to send your details to.
  • Companies in the same group of companies as us, including subsidiaries (any organisation that we own or control) or our ultimate holding company (any organisation that owns or controls us) and any subsidiaries it owns. These companies will only use your personal data in the same way that we can under this Privacy Policy.
  • Organisations that provide services to us, such as:
  • order fulfilment providers - the people who help process and deliver your order (e.g. Shopify, Amazon, Linnworks, and courier/ delivery companies)
  • marketing specialists
  • third party payment providers (e.g. PayPal Stripe and Signifyd)
  • computer services (like our cloud storage services and collaboration tools)
  • third party mailing providers (e.g. Klaviyo)
  • customer support platforms (e.g. FreshDesk)
  • Governmental bodies, HMRC, regulators, police, law enforcement agencies, security services and courts/tribunals - where the law tells us to do so or to help them with any investigations.  This may include governmental bodies based outside of the UK.
  • Banks and nominated payment providers: if your bank/payment provider requests proof that the transaction is legitimate. Police, law enforcement and security services: to help them with any investigation, prevention of crime or matter of national security.

If you have invested in Fnatic or any of its affiliates through a crowdfunding or other third party platform, we may share your information with that platform (to the extent required to facilitate the management of your investment), with other investors who request it (via disclosure of our cap table, which will also identify the extent of your investments) and with any game developer (to the extent required to ensure Fnatic complies with restrictions intended to prevent individuals owning shares in more that one esports team).  We do not sell any of your personal data to any third party.

Those third parties may be located in third countries outside of the EU (see section below). By submitting your personal data, you agree to this processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this notice.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

A side note on Google Analytics

Like almost every direct to consumer business, we use Google Analytics.  It sets cookies to collect information about how visitors use our website.  We use the information to compile reports and to help us improve the website.

The cookies collect information in an anonymous form, including the number of visitors to the website and blog, where visitors have come to the website from and the pages they visited.  To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

Cross-border transfers

Fnatic uses third parties to provide services which are important to the operation of our business. Some of these third parties are based, or store information, outside of the UK and the European Union. We may transfer the personal information we collect about you to these providers, if this is necessary, in order to perform our contract with you, or if we consider that we have a legitimate interest to do so. Our third party providers include (but are not limited to) Amazon/ AWS, Dropbox, Impact, Google, Klaviyo, Ryze, Salesforce, Slack, Stripe and Shopify. These organisations have provided us with assurance that they use and protect data in accordance with GDPR.

If you are based outside of the UK and EEA, then your personal data may be held and used outside of the UK and EEA anyway, but in most cases - as mentioned above - the controller of your personal information will be Fnatic in the UK.

Retention

We collect personal data from you for different reasons and so we might keep it for different lengths of time. For:

  • People who share their personal data with us but do not become customers: generally, for a period of 2 years after we were last in contact with you.
  • Customers: generally, for a period of 6 years after the last purchase (save for email addresses used to create “lookalike” profiles, or contacted via a cart abandonment email, which are not retained).
  • Casual workers and freelancers: generally, for a period of 6 years after the end of our relationship with you.
  • Individual contacts at customers and suppliers/sponsors: for as long as we continue to have a relationship with that customer or supplier/sponsor and then for a period of 6 years afterwards.
  • Investors: for a period of 6 years after the date you cease to be an investor in Fnatic.

Whichever time period normally applies, in some cases we may need to keep your personal information for longer - for example, if it is still relevant to a dispute or legal case or claim.

Making a complaint

You’re entitled to know what personal information we hold about you and how that information is processed, which means you can ask us to do any of the following things:

  • to provide access to your data;
  • to rectify any mistakes relating to your data;
  • to erase your data;
  • to stop processing your data;
  • to receive an electronic copy of your data;
  • to object to our processing of your data;
  • to object to any automated decision making that we may do using your personal data; and
  • (automatic) to receive a notification of any breach of your personal data.

Just let us know if you’d like to exercise any of your rights. Just email legal@fnatic.com and we'll jump on it.

Whilst this privacy policy sets out a general summary of your legal rights in respect of personal information, this is a complex area of law.  More information about your legal rights can be found on the ICO’s website at https://ico.org.uk/for-the-public/.

If you’re unhappy with how any access request has been dealt with, you have the right to complain to the Information Commissioner by calling their helpline: 0303 123 1113 or starting a live chat at https://ico.org.uk/concerns/.

Cookies

Introduction

Our Website contains cookies. They are widely used in order to make sites work, or work more efficiently, as well as to provide information to our site owners.

Our great friends at Kaspersky offer resources about cookies here: https://www.kaspersky.com/resource-center/definitions/cookies.

Why use cookies?

Our Website uses cookies to distinguish you from other users of our site and to distinguish which webpages are being used. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. We only use information collected from cookies for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us to provide you with a better experience by enabling us to monitor which webpages you find useful and which you do not.

What cookies do we use?

Our site uses:

  • essential cookies. These are cookies that are required for the operation of our site. They include, for example, cookies that enable you to log into secure areas of our site, use a shopping cart or make use of e-billing services. You can’t use our site without accepting essential cookies.
  • functionality and preference cookies. These cookies are used to recognise you when you return to our site, and to remember information that changes the way the Website behaves or looks, like your preferred language or the region that you are in. Cookies in this category enable us to personalise our content for you, greet you by name and remember your preferences.
  • analytics and statistics cookies. These allow us to recognise and count the number of visitors, to see how visitors move around our Website when they are using it, provides us with information about the type of browser visitors are using and their device, and remembers if users have closed our pop-up information. Cookies in this category help us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily. Social media-related cookies also fall into this category.

When you first visit our site (or you clear your browsing data), we give you the option to accept only essential cookies, or accept all cookies. Depending on your browser, you may be able to modify your browser setting to automatically decline cookies. We note that any visitor accepting only essential cookies will not receive our full intended user experience.

What else?

Our reference for this privacy policy is PLCY-211013-L.AC-Group Privacy Policy-1. The policy was uploaded on 20 October 2021.