FanEngage Privacy & Terms

Effective Date: February 12, 2026
Last Updated: February 20, 2026

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1. Who We Are

FanEngage is a web-based engagement platform owned and operated by Mod Creative Inc. (“Mod Creative,” “we,” “us,” or “our”), a Minnesota company. FanEngage is often presented within a Client’s mobile app or web experience and may display the Client and Brand/Sponsor names for a particular campaign or promotion.

Contact: info@modcreativeinc.com

In these Privacy & Terms: A “Client” is the organization that deploys FanEngage (for example, a sports team, venue, event operator, or brand operating a campaign). A “Brand/Sponsor” is a third party whose promotion, offer, or campaign content may appear in FanEngage (and may sometimes be the same entity as the Client).

PRIVACY POLICY

2. Scope

This Privacy Policy describes how Mod Creative collects, uses, and discloses information through FanEngage (the “Service”). It also describes choices that may be available to you depending on where you live.

This Privacy Policy does not cover third-party websites or services that may be linked from FanEngage. Those third parties have their own privacy practices.

3. Information We Collect

We collect information in the following ways:

A. Information you provide

When you interact with a FanEngage campaign (for example, by submitting a form), you may provide information such as:

  • Name

  • Email address

  • Phone number

  • Other information requested by a specific campaign (free-text responses or other fields configured by the Client and/or Brand/Sponsor)

Variable fields: Form fields are configurable and may differ by campaign.

Please do not submit sensitive information through FanEngage forms (such as government IDs, health information, precise geolocation, or financial information) unless a specific campaign explicitly requests it, provides an appropriate notice, and you choose to provide it.

B. Information we generate or compile into a profile

FanEngage may create and maintain a persistent profile that links your interactions over time (for example, scans/clicks, form submissions, and campaign participation). Profile information may include:

  • Your submitted identifiers (such as name/email/phone) if provided

  • Campaign participation history and timestamps

  • Engagement metrics (e.g., scan counts, submissions, points/rewards status if enabled by a Client)

  • Approximate location derived from IP address (e.g., city/state/country)

C. Device, usage, and scan analytics (automatically collected)

When you access FanEngage, we may automatically collect:

  • Device type, browser type/version, operating system/version, language, screen resolution

  • IP address and approximate location derived from IP address (city/region/country)

  • Timestamps and interaction/event logs (e.g., when a scan/click occurred)

D. Cookies and Similar Technologies

FanEngage uses cookies and local storage for purposes such as recognizing repeat visitors, maintaining sessions, enabling measurement/analytics, protecting against abuse and fraudulent activity, and securing the Service (for example, using anti-forgery protections).

E. FanEngage Fingerprint (device recognition and cross-session linking)

FanEngage uses a device recognition method (“FanEngage Fingerprint”) to help recognize repeat visitors and link interactions across sessions. The fingerprint is generated using device and browser characteristics (which may include canvas/WebGL rendering characteristics and other device/browser attributes) and is stored so it can be recognized on future visits. This is not a physical fingerprint and is not a biometric scan of a person.

FanEngage may store identifiers used for this purpose in cookies and local storage (for example, identifiers labeled fan_fingerprint and fan_id).

FanEngage does not require users to create an account. If you clear cookies/local storage or change devices/browsers, we may not be able to recognize you or carry over your engagement history.

4. How We Use Information

We use information for purposes such as:

  • Providing the Service (displaying experiences, collecting submissions, enabling campaign participation)

  • Analytics and reporting (measuring engagement and performance for campaigns)

  • Fraud prevention and integrity (detecting suspicious activity, enforcing entry limits where applicable)

  • Improving and maintaining the Service (debugging, monitoring, platform improvement)

  • Security and compliance (protecting the Service and resolving disputes)

5. How We Disclose Information

We may disclose information as follows:

A. Disclosure to Clients and Brand/Sponsor

FanEngage campaigns are deployed by Clients and may feature one or more Brands/Sponsors. When you submit information or participate in a campaign, your information may be shared with the Client and Brand/Sponsor shown in the experience for purposes such as administering the campaign, providing offers, awarding entries, and reporting. The Client and/or Brand/Sponsor may use information you provide in accordance with their own privacy practices and notices. Mod Creative does not control how a Client or Brand/Sponsor uses information once received.

B. Service providers

We may share information with vendors that help us operate the Service (e.g., hosting, infrastructure, security monitoring). These vendors are authorized to use information only as needed to provide services to us.

C. Legal, safety, and business transfers

We may disclose information:

  • To comply with law or respond to lawful requests

  • To protect rights, safety, and security of Mod Creative, Clients, users, or others

  • In connection with a merger, acquisition, financing, reorganization, or sale of assets

D. Data partners and third-party enrichment (if enabled)

We may, if enabled for a campaign or as part of future product offerings, disclose certain information (which may include identifiers such as name, email, phone, and/or other data) to third-party data partners to enrich, match, or generate insights for market intelligence, audience measurement, or campaign optimization.

Some data partner disclosures may be considered a “sale” or “sharing” of personal information under certain U.S. state privacy laws, depending on how the partner uses the data. Where applicable, you may have the right to opt out (see “Your Choices and Rights”).

Important: Mod Creative may not currently engage in all of the disclosures described in this section; this section is intended to describe potential disclosures if enabled in the future.

6. Your Choices and Rights

A. Requests to Delete Information

You may contact us at info@modcreativeinc.com to request deletion of personal information associated with your FanEngage interactions. We are building processes to support deletion requests and will respond as required by applicable law, subject to verifying your request and certain legal, security, and operational needs. You can also clear cookies and local storage through your browser settings; otherwise, identifiers stored on your device may persist until cleared and may be recreated if you return to the Service.

B. Global Privacy Control (GPC) / Do Not Track (DNT)

Some browsers and devices offer settings or signals such as Global Privacy Control (GPC) or Do Not Track (DNT). At this time, FanEngage does not respond to or act upon these signals. We may support recognized opt-out preference signals in the future where required by applicable law.

C. Additional state privacy rights (may apply depending on where you live)

Depending on your U.S. state of residence and whether we are covered by a particular law, you may have rights to:

  • Access/know what personal information we collected

  • Request deletion

  • Request correction of inaccurate information

  • Obtain a portable copy of certain data

  • Opt out of certain processing or disclosures (including “sale”/“sharing” in some states)

To exercise these rights, email info@modcreativeinc.com. We may need to verify your request.

These rights may apply depending on where you live and whether FanEngage is subject to a particular state privacy law.

In some states, you may also have the right to designate an authorized agent to make a request on your behalf, and/or to appeal a decision we make regarding your request. If you wish to appeal, email info@modcreativeinc.com with the subject line “Privacy Appeal.”

D. Opt out of “sale” or “sharing” (where applicable)

If and when we engage in disclosures of personal information that are considered a “sale” or “sharing” under certain U.S. state privacy laws (for example, disclosures to certain third-party data partners for their own use), you may request to opt out by emailing info@modcreativeinc.com with the subject line “Opt Out of Sale/Share” and providing the email address and phone number you used in FanEngage. We will process verified requests as required by applicable law.

7. Data Retention

We retain personal information as long as reasonably necessary to:

  • provide the Service and campaign functionality,

  • maintain records and reporting,

  • prevent fraud and secure the Service,

  • comply with legal obligations,
    and then we delete or de-identify information when appropriate. We also honor deletion requests as described above, subject to legal and operational exceptions.

8. Security

We use reasonable administrative, technical, and physical safeguards designed to protect information. Data is encrypted in transit (HTTPS/TLS) and at rest. No method of transmission or storage is 100% secure.

9. Children

FanEngage is not directed to children under 13. Certain promotions may be 18+ and void where prohibited. If you believe a child has provided personal information through FanEngage, contact info@modcreativeinc.com.

10. Updates to this Privacy Policy

We may update this Privacy Policy from time to time. The “Last Updated” date indicates when changes were made.

TERMS OF USE

11. Acceptance of Terms

By accessing or using FanEngage, you agree to these Terms of Use. If you do not agree, do not use the Service.

12. Relationship to Clients, Brands, and Third Parties

FanEngage is a platform operated by Mod Creative. The Service may display or be branded by a Client and/or Brand/Sponsor. Your participation in a campaign may be subject to additional terms, offers, or rules presented in the experience.

FanEngage may include links or redirects to third-party websites or experiences selected by Clients/Brands/Sponsors. Mod Creative does not control and is not responsible for the availability, security, content, policies, or practices of third-party experiences, including any offers or transactions you choose to enter into with a Client or Brand/Sponsor.

13. Eligibility

You must be legally able to enter into these Terms. Some campaigns, giveaways, or sweepstakes may require you to be 18 years or older and may be void where prohibited.

14. Prohibited Conduct

You agree not to:

  • Use bots, scripts, automation, emulators, spoofing, or other methods to manipulate scans, entries, or engagement

  • Attempt to bypass recognition, entry limits, or fraud controls

  • Reverse engineer, interfere with, or disrupt the Service

  • Submit false, misleading, unlawful, infringing, or harmful content

  • Use the Service in violation of any law or regulation

We may suspend or block access (including by device/browser recognition signals) for suspected abuse or fraud.

15. Suspension/Termination

We may suspend or terminate access to the Service (including by blocking device identifiers) at any time for suspected fraud, abuse, or violation of these Terms.

16. Campaigns, Offers, Points, and Rewards

Campaign content, offers, coupons, rewards, and fulfillment are determined by Clients and/or Brands/Sponsors. Unless explicitly stated otherwise:

  • Scan counts/points have no cash value, are non-transferable, and may be modified, revoked, or voided for suspected fraud or error

  • Mod Creative is not responsible for fulfillment, prize delivery, redemption, or third-party offer terms

  • FanEngage may rely on device-based recognition for continuity and rewards status.

17. Sweepstakes and Promotions

Sweepstakes, drawings, giveaways, and similar promotions are governed by applicable Official Rules presented in the campaign. Official Rules control in the event of a conflict with these Terms.

18. Intellectual Property

FanEngage and its underlying technology are owned by Mod Creative and protected by intellectual property laws. Clients/Brands own their respective trademarks, logos, and content. You receive a limited, non-exclusive, revocable right to use the Service for personal, non-commercial participation in campaigns.

19. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” MOD CREATIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOD CREATIVE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOD CREATIVE’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED USD $100.

Some jurisdictions do not allow certain limitations; in those cases, limitations apply to the greatest extent permitted by law.

21. Indemnification

You agree to indemnify and hold harmless Mod Creative from claims arising out of your misuse of the Service, your violation of these Terms, or your violation of any law or third-party rights.

22. Governing Law; Venue

These Terms are governed by the laws of the State of Minnesota, without regard to conflict of law principles. Exclusive venue for disputes shall be in state or federal courts located in Minnesota, unless Mod Creative elects otherwise.

23. Changes

We may modify these Terms from time to time. We will post updates on this page and update the “Last Updated” date. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

24. Contact

Questions about these Terms: info@modcreativeinc.com


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