Privacy Policy – DRAFT

Last modified on June 11, 2020

FanJolt, LLC (“Company,” “us,” “we,” or “ FanJolt ”) provides the FanJolt .com website and related web, mobile and other software programs and applications (collectively, the “Site”) and takes your privacy and security seriously. This Privacy Policy explains how we collect, use, share and protect personal data (“Personal Information”) we receive from users.

We collect Personal Information from users when they view, access, use or register through the Site or use any related services offered therein (collectively, “Services”). The provision of certain information is contractually required based on your use of the Services.

This Privacy Policy applies to persons and businesses anywhere in the world that may access the Site. By using the Site or our Services, you agree to be bound by this Privacy Policy in full. If you do not wish to provide Personal Information or be bound by this Privacy Policy, you may not use the Site or the Services.

The Company reserves the right to modify, change, or replace this Privacy Policy at any time by updating this document. You agree to be bound by the most recent version of the Privacy Policy available on the Site. The date of the last modification will be displayed near the top of the Privacy Policy.

1. INFORMATION COLLECTED

(a) Our legal basis for collecting and processing your Personal Information is (i) your explicit. consent when accessing the Services and (ii) a legitimate interest and need in order to provide specific Services offered on the Site, as described in our Terms of Service. We may collect the following Personal Information from users:

i. Information You Provide Voluntarily. We regularly receive and store any information you enter on the Site or give us in any other way, whether it be through filling out a form, or through an actual communication. You may elect to not provide certain information, but such an election may prevent you from taking advantage of, and accessing many of our features. We use the information that you provide for purposes such as: responding to your communications and/or requests, customizing future experiences on the Site for you, improving our Site, and communicating with you in any other way. The types of personally identifiable information which may be collected through your use of the Site include, but are not limited to: your name, physical address, any email address, phone numbers, fax numbers, billing address, shipping address, product selections or views, order and/or confirmation numbers, credit card numbers and expiration dates, referring URLs, IP addresses, passwords, usernames, gender, occupation, personal interests, your age and information about your hobbies, likes, interests in and regular use of certain products, programs and other services you use or may be interested in. You voluntarily provide the above personally identifiable information to us when you enter such information on the Site, whether input with the intention of facilitating a purchase, payment, newsletter subscription, promotion or contest and/or any other special offers or benefits. You are the source of this information.

ii. Information Provided Automatically. Upon your use or interaction with the Site, we automatically receive and store certain types of information. We obtain certain types of information when the browser you are using accesses the Site or advertisements therein, and other content served on the Site itself, or on behalf of the Site through other web sites.

● Non-Personal Information: We collect non-personally-identifying information of the sort that web browsers and servers typically make available upon their interaction with Sites. This information may include such things as the browser type used during the interaction, the language preference, the referring website, and the date and time of each visitor request.

● Your IP Address: Your Internet Protocol (“IP”) address is a unique identifying code which is used in connecting your computer to the Internet. Your IP Address may be used for various purposes, including to: (i) help us identify you, and your purchase orders, and to gather general and broad demographic information; (ii) help us diagnose or service technology problems that are associated with the IP addresses controlled by a specific Web company or ISP; (iii) help us estimate the total number of users visiting the Site located in certain geographic locations; and (iv) help us determine which users have access privileges or restrictions to certain content available on the Site.

● Device Identifier: We may provide services that allow users to visit, view, access and customize the Site and other content through the use of their mobile devices such as: phones, PDAs and other similar electronic devices. When the Site is accessed through these devices rather than a computer, different information may be collected. When you visit or connect with the Site through the use of a mobile device that has Internet accessibility, in the event that the mobile device service provider uniquely identifies the device, we will be able to receive this identifying information. We may use this unique device information to be able to offer extended services and/or functionality. Certain services, offers you elect to enroll in, or purchases you wish to make through the Site may require the collection of the phone number for your device. We may associate and categorize the phone number collected along with the mobile device information.

● Your Physical Location: Some mobile phone service providers in the United States are required to operate using a certain functionality which pinpoints the physical location of any mobile devices currently using their service. Depending upon which service provider your device is enrolled with, and if you are visiting the Site while you are located in the United States, we may automatically receive this information. We may use and store such information received in order to assist us in providing opportunities for services based on your location, as well as to assist with advertising which is targeted based on location.

● Web Cookies: For advertising and other purposes as described below, we use a feature in your Internet Web browser called a “cookie,” which is a piece of information stored on your hard drive, that identifies your intra- and inter-requests on the Site. Cookies may be used for various purposes, including the tracking of your preferences which you indicate while visiting or using the Site. If you wish to disable the use of cookies, please review the Help section of your Internet browser, and review the instructions therein on how to turn off this feature. You can also indicate your choices regarding display advertising, through the use of specific platforms, which include but may not be limited to the Digital Advertising Alliance opt-out platform or the Network Advertising Initiative opt-out platform. To opt-out of these cookies, please visit the following URLs:

● http://www.aboutads.info/choices ;

● allaboutcookies.org ; or

● youronlinechoices.eu

● Beacons: Web pages included on the Site may contain e-images called a

“Web beacon,” also known as a “single-pixel GIF,” which allow a Site to count the number of users who have visited that particular page or to access specific cookies and the information contained therein. We may use such Web beacons for the following purposes: (a) to count and determine the number of users and to recognize such users through the accessing of Site cookies, (b) to count, determine, and recognize the number of users who have opened or read emails sent to the user by us, and (c) to assist in personalizing your interaction with the Site to make the experience more efficient and enjoyable for you.

2. SHARING AND USE OF PERSONAL INFORMATION

(a) In some instances, we may disclose certain information about you to third-parties whose practices are not governed or covered by this Privacy Policy. Due to the current and existing regulations, we are unable to specifically ensure that any or all of your personal information and private communications will not ever be disclosed in ways not covered or defined within the terms herein. One example of such activity may include the ability of third-parties to unlawfully intercept, access, or capture certain transmissions of information or private communications. If you wish for us to not disclose any personal information collected about you in any of the ways identified and described within this Privacy Policy, you should refrain from visiting or accessing the Site or any related services.

i. News; Offers. In some instances, we may provide certain personal information which you input while registering or signing up to receive news, offers, updates, sweepstakes or contests, to trusted, third-party partners who work directly with us. Such third-parties may use that personal information to communicate with you about certain updates, offers or surveys from us and/or such third-parties. If you wish to opt out of receiving such offers and/or materials, please email your desired request to opt out to: unsubscribe@fanjolt.com .

ii. Independent Contractors and Third-Parties. We may have third-party agents, subsidiaries, affiliates and partners who may perform certain functions on our behalf, such as marketing, analytics, research, credit card processing, assisting with customer service, fraud protection, etc. Such third-party entities have limited access only to the personal information necessary to perform the roles for which they are associated with us. Such third-parties are strictly prohibited from using, selling, distributing or altering this data in any way, or using the information for any activity other than required to provide the requested services for us and the Site.

iii. Legal Disclosure. In some instances, we may disclose and release certain information in response to any legal demand, such as subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal actions or claims brought against us or the Site. We may share such information in order to investigate, prevent or take action in the event of any alleged illegal activities, suspected fraud, potential threats to the physical or financial safety of any person or entity, any violations of our terms of service, or as otherwise permissible under any applicable law.

iv. Third-Party Advertisers. In some instances, we may collect certain personal information about you and share it with other third-parties, to the extent that you grant permissible upon collection of such information. We may show certain targeted advertisements on the Site during your use, based on personal information you provided to us upon registering your account. Advertisers (including ad serving companies) may assume that certain people who interact with, view or click on targeted ads, meet the targeting criteria (for example, women ages 18-24 from a particular geographic area). By clicking on or viewing a particular ad, you are thereby consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to determine whether to show you such an ad. We may gather certain personal information about you on behalf of a sponsor or advertiser who is facilitating a particular promotion. In such an instance, we will provide you with notice of such, at the time of the collection on the sponsor or advertiser’s behalf. Upon doing so, we may link you to the sponsor or advertiser’s privacy policy.

v. Sharing Within Organization. In some instances, we may share your personal information with any of our subsidiaries, joint ventures, or other companies or entities which fall under common control. In the event that we transition through merger, acquisition by another company, or sale of all or a portion of our assets, your personal information may be included and among the assets to be transferred in such a transition. You hereby acknowledge and agree that such transfers may occur, and that such transfers are permitted under the terms of this Privacy Policy.

vi. Some various ways in which we may use your Personal Information are as follows:

● To provide content, materials, and other various forms of information as it pertains to the Services.

● To verify your account and user identity and to comply with laws to which we are subject.

● To contact you about the Services or the Company.

● To provide customer or technical support.

● To analyze and improve the features and performance of the Services and to analyze usage patterns.

● To inform users about offers from the Company.

(b) We care about your privacy. We will not sell or share your Personal Information with third parties other than as expressly provided for in this Privacy Policy.

3. THIRD PARTY LINKS

(a) You may encounter links to third party websites, videos, pictures, and applications (“Third-Party Links”) when using the Services. We cannot control the content on these Third-Party Links and we can make no guarantees as to the protection and privacy of any information which you submit to these Third-Party Links. Please exercise caution when accessing Third Party Links.

4. CHILDREN

(a) We do not knowingly collect Personal Information from any child under the age of 13. Further, you may not use the Site unless you are at least 16 years of age, as permitted by the Terms of Service. You acknowledge and consent to taking such steps as are necessary in order to verify your identity and your age for the purposes of complying with applicable law, in order to use the Site. If you believe we have collected Personal Information from a child under the age of 13, please contact us immediately.

5. SECURITY

(a) We use commercially reasonable methods of protecting your Personal Information. Nevertheless, we cannot guarantee the safety or security of any Personal Information. Further, transmission of Personal Information cannot be made completely secure. For that reason, you agree to transmit Personal Information to the Company solely at your own risk.

6. DO NOT TRACK POLICY AND PROCEDURES

(a) FanJolt does not currently respond to “do not track” browser headers or specific “do not track” requests. You do have the ability to limit tracking through these third-party programs and by taking the actions listed below. The use of online tracking mechanisms by third-parties is governed by those third-parties’ own privacy policies, and not the terms included hereunder. If you prefer to prevent third-parties from setting and accessing cookies on your computer, you may adjust the settings of your own web browser to block the placement of cookies. You may remove yourself from the targeted advertising of companies by contacting the Network Advertising Initiative, or of companies participating in the Digital Advertising Alliance program by contacting them directly.

7. YOUR CALIFORNIA PRIVACY RIGHTS

(a) Supplemental Privacy Notice to California Residents:

i. If you are a resident of California, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by FanJolt , LLC or its subsidiaries to a third-party for the third-party’s direct marketing purposes. This right is granted to California residents and applies only to their activities within the State of California. To make such a request, please send an email to: data@fanjolt.com or write us at:

FanJolt , LLC

ATTN: CA Privacy Rights

7485 Twin Branch Road

Atlanta, GA 30328

ii. In your request, please specify the FanJolt company or subsidiary to which your

request pertains. If no company is specified, we will treat your request as pertaining

to FanJolt , LLC .

8. SHIELD ACT COMPLIANCE

(a) The safety and security of your private information is extremely important to us. As such, we have adopted and implemented reasonable safeguards to protect the security, confidentiality, and integrity of your private information. These safeguards are documented in our data security program which contains specific measures which we have undertaken to ensure the protection of your information. You may view a copy of our data security program here:[ Data Security Program Link ]. In the event of a suspected breach, to the extent we determine is required by applicable law in our sole discretion, we will provide notice of such a breach to you through any of the legally permissible methods of communication available to us. In the event of a determination being made that notification of a breach is not necessary, such determination will be documented and stored for the duration of the legally required time. For any further questions regarding our compliance with the Shield Act and your rights thereunder, please contact us at: data@fanjolt.com.

9. INTERNATIONAL PRIVACY PRACTICES

(a) The Company is primarily operated and managed on servers located and operated within the United States. In order to provide our Services to you, we may send and store your Personal Information outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your Personal Information may be transferred outside of the country where you reside or are located, including countries that may not or do not provide the same level of protection for your Personal Information. We are committed to protecting the privacy and confidentiality of Personal Information when it is transferred. If you reside or are located within the European Economic Area and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the European Economic Area to the extent feasible under applicable law. By using and accessing our Services, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of Personal Information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.

10. RETENTION, CORRECTION, AND DELETION OF PERSONAL INFORMATION

(a) Personal Information that we process shall not be kept for longer than is necessary for the relevant purpose. We will retain your Personal Information as follows:

i. Personal Information will be retained for as long as you have a FanJolt Account (as described in our Terms of Service) or as required by law or our own backup and security policies.

ii. We will comply with any user’s requests regarding access, correction, and/or deletion of the Personal Information we store in accordance with applicable law, including the EU General Data Protection Regulation (GDPR). To request that we correct, delete, or export any Personal Information, please contact us via email at data@fanjolt.com .

11. COOKIE POLICY

(a) We use cookies on this Site and Service. By using the Service, you consent to the use of cookies.

(b) Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.

(c) What are cookies

i. Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.

ii. Cookies can be “persistent” or “session” cookies.

(d) How we use cookies

i. When you use and access the Service, we may place a number of cookies files in your web browser.

ii. We use cookies for the following purposes: to enable certain functions of the Service, to provide analytics, to store your preferences, to enable advertisements delivery, including behavioral advertising.

iii. We use variations of both session and persistent cookies on the Site and Service and we use different types of cookies to assist in running the Service.

iv. Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

(e) Third-party cookies

i. In addition to our own cookies, we may also use various third-parties’ cookies to report usage statistics of the Service, deliver advertisements on and through the Site and Service, and so on.

(f) What are your choices regarding cookies

i. If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

ii. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

12. PERSONAL INFORMATION WILL BE SENT TO THE UNITED STATES

(a) The Company is based in the United States and your Personal Information will be processed in the United States. The hosting facilities for your Personal Information are in the United States. United States laws may be less strict than those of your own country.

13. YOUR RIGHTS UNDER THE EU GENERAL DATA PROTECTION REGULATION

(GDPR)

(a) Your principal rights under the EU General Data Protection Regulation (GDPR) are as follows:

i. Right of Access: you have the right to be informed of, and request access to, the Personal Information we process about you.

ii. Right to Rectification: you have the right to request that we amend or update your personal data where it is inaccurate or incomplete.

iii. Right to Erasure: you have the right to have the Company delete your Personal Information.

iv. Right to Restrict: you have the right to request that we temporarily or permanently stop processing your Personal Information.

v. Right to Object: you have the right to object to us processing your Personal Information on grounds relating to your particular situation or for direct marketing purposes.

vi. Right to Data Portability: you have the right to request a copy of your Personal Information in electronic format and the right to transmit that personal data for use in another party’s service.

vii. Right not to be Subject to Automated Decision Making: you have the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

14. DATA CONTROLLER AND HOW TO CONTACT US

(a) The Personal Information we collect and process is controlled by FanJolt , LLC, a Georgia limited liability company located in the United States. You may contact us at 7485 Twin Branch Road, Atlanta, GA 30028, or by email at: data@fanjolt.com .