Privacy Policy - Sportscale System

Sportscale, Inc., a North Carolina corporation, including its affiliates (”Company”, “we”, “us”, or “our”) is committed to maintaining robust privacy protections for you, whether personally or on behalf of an entity (“you” or “user”).

Our Privacy Policy (“Privacy Policy” or this “Agreement”) is designed to help you understand how we collect, use, and safeguard the information you provide to us and to assist you in making informed decisions when using our Service. For purposes of this Agreement, “Site” refers to our website, blogs, social media accounts, or apps in which Company’s service can be accessed in which users can view the website and subscribe to and use our software, products, and/or services (each a “Service,” and collectively the “Services”).

Your privacy is important to us. So, please take the time to carefully read this Privacy Policy. If you have any questions on how we collect, use, protect, or otherwise handle your Personal Information (as further described below), please contact us.

Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meaning as in our Terms of Use. By using the Services, you consent to our collection, storage, use and disclosure of your Personal Information under the terms set forth herein.

I. INFORMATION WE COLLECT

We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit, and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your email, phone number, address, and any other information you submit to us through the Site. We collect information related to you for the purpose of carrying out the Services. This information includes but is not limited to: name, address, email address, height, weight, other biometric data, race, gender, education information, and medial or health insurance information.

1. Information collected via Technology. In an effort to improve the quality of the Services, we track information provided to us by your browser or by our software application when you view or use the Services, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Services, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our Services, both on an individual and aggregate basis. Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.

2. Information you provide us by registering for an account. In addition to the information provided automatically by your browser when you visit the Site, to become a customer to the Service, you will need to create a personal profile. Creating a profile and registering with the Service may require you to provide your name, phone number, email address, and other personal information and creating a username and a password. By registering, you are authorizing us to collect, store, and use your email address in accordance with this Privacy Policy.

II. HOW WE USE AND SHARE INFORMATION

Personal Information:

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with vendors who are performing services for Company, such for third party integrations. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy. In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.

We may send you offers and information related to our Services from which you may opt out via the unsubscribe function in the email. We may also send you important account related information, from which you cannot opt out.

Non-Personal Information:

In general, we use Non-Personal Information to help us improve the Services and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other

third parties at our discretion. In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

III. HOW WE PROTECT INFORMATION

We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Services, you acknowledge that you understand and agree to assume these risks.

IV. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Settings section of the Site, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy, or other important account information.

V. CUSTOMER DATA

“Customer Data” means all information processed or stored on the Service by Customer or on Customer’s behalf, as well as any information derived from such information. Customer Data includes, without limitation: (1) information provided on the Service; (2) information provided to Company by other users or by other third parties; and (3) personally identifiable information from such customers, users, or other third parties.

(a) Access, Use, & Legal Compulsion. Unless it receives Customer’s prior written consent, Company:

• shall not access, process, or otherwise use Customer Data other than as necessary to facilitate the Services;

• shall not give any of its employees access to Customer Data except to the extent that such individual needs access to facilitate performance under this Agreement and is subject to a reasonable written nondisclosure agreement with Company protecting such data, with terms reasonably consistent with those of this Section; and
• shall not give any third-party access to Customer Data. Notwithstanding the foregoing, Company may disclose Customer Data as required by applicable law or by proper legal or governmental authority. Company shall give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customer’s expense.

(b) Customer’s Rights. Unless otherwise stated in this Agreement, Customer possesses and retains all right, title, and interest in and to Customer Data, and Company’s use and possession thereof is solely on Customer’s behalf.

V. LINKS TO OTHER WEBSITES

As part of the Services, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link on our Site or via our Services. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

VI. CHANGES TO OUR PRIVACY POLICY

Company reserves the right to change this policy and our Terms of Use at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.

VII. CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may have additional privacy rights. For a complete discussion of such rights, please see our California Rights and Disclosures.

VIII. CONTACT US

If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us by sending an email to . This Privacy Policy was last updated on January 23, 2023.

[End of Privacy Policy.]

Sportscale, Inc.

Privacy Policy – Additional U.S. State-Specific Privacy Rights Addendum

California Rights and Disclosures

Sportscale, Inc., including its affiliates (“Sportscale, Inc.”, “we”, “us”, or “our”) is committed to maintaining robust privacy protections for you, whether personally or on behalf of an entity (“you”, “customer”, “user”, or “your”).

If you are a resident of a state in which state-level privacy law is enacted (e.g., Colorado, Connecticut, Utah or Virginia), additional rights described in this Section may apply to you as applicable law comes into effect. Please note, at SportScale, we endeavor to respond to your privacy requests even if you are not a resident of a state in which state-level privacy law applies. In addition to the rights listed in our Privacy Policy applicable to all users, in limited circumstances, California residents may have the following rights over certain information collected, used, and shared pursuant to our Privacy Policy.

For purposes hereof, “Site” refers to our website, blogs, social media accounts, or apps in which Sportscale, Inc.’s service can be accessed in which users can view the website and subscribe to and use our software, products, and services (“Service,” collectively the “Services”).

Please take the time to carefully read this Privacy Policy as your privacy is important to us. If you have any questions on how we collect, use, protect, or otherwise handle your Personal Information (as further described below), please contact us using the contact information below.

I. INFORMATION WE COLLECT, SELL, AND SHARE

We collect and share information as described in Section I and Section II of our Privacy Policy. As applicable to the categories of information defined in the California Consumer Privacy Act of 2018:

• In the preceding twelve (12) months, we have collected the following types of information: We collect name, address, email address, height, weight, other biometric data, race, gender, education information, and medial or health insurance information.
• In the preceding twelve (12) months, we have sold the following types of information to third parties: N/A.
• In the preceding twelve (12) months, we have used the following types of information for business purposes (potentially including auditing interactions with consumers, security measures, debugging/repair, performing services, internal research for technology development, and quality and safety maintenance and verification): name, address, email address, height, weight, other biometric data, race, gender, education information, and medial or health insurance information.

II. THIRD-PARTY SHARING

California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share our customer’s personal information with unaffiliated third parties for their own direct marketing purposes.

III. USERS UNDER THE AGE OF 18

California Business and Professions Code Section 22581 permits you, if you are a California resident under the age of 18, to view, correct, or remove information provided by you or publicly posted by you, by accessing your account or another product or service as applicable and editing/removing your personal information. You will need your password to access your personal account. You may also send us an email or written request asking us to remove certain posted content using the addresses in the Contact Information section of this document.

We will be happy to review, update, or remove information and/or content as appropriate. Residual copies of information and/or content that have been removed from your account and/or our platform may remain in our backup systems for approximately one month. We may still retain your information to resolve disputes, enforce our user agreements, or comply with legal requirements; in this case, your personal information will be blocked from use for any other purpose.

IV. DO NOT TRACK SETTINGS

California Business and Professions Code Section 22575(b) permits our customers who are California residents to be informed as to how we respond to web browser “Do Not Track” settings. As Do Not Track is a standard that is currently being developed, we do

not take actions to respond to Do Not Track settings, and instead we adhere to the standards set out in this Privacy Policy. If you would like to find out more about Do Not Track, you may find the following link useful: http://www.allaboutdnt.com/.

V. OTHER RIGHTS

• Right to access personal information. You may be entitled to receive the specific pieces of your personal information we have collected in the 12 months preceding your request.
• Right to data portability. You may be entitled to receive a copy of your electronic personal information in a readily usable format.
• Right to know. You may be entitled to receive information regarding the purposes for which we collected and shared personal information, the categories of personal information that we sold and the categories of third parties to whom the personal information was sold, as well as the categories of personal information that we disclosed for a business purpose in the 12 months preceding your request.
• Right to delete. You may be entitled to request that we delete the personal information that we have collected from you. We will use commercially reasonable efforts to honor your request, in compliance with applicable laws. Please note, however, that we may need to keep such information, such as for our legitimate business purposes or as required to comply with applicable law.
• Right to opt-out. You may be entitled to direct us to stop disclosing your personal information to share with third parties for monetary or other valuable consideration by visiting our “Do Not Sell My Personal Information” opt-out page in the event that we ever endeavor to share or sell information in the future.

VI. HOW TO EXERCISE THESE RIGHTS

Any requests to exercise User rights can be directed to the Owner through the contact details below. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month. For all requests, please clearly state that the request is related to your “California Privacy Rights” and provide your name, street address, city, state, zip code, and an e-mail address or phone number where you may be contacted.

Before we can respond to your request, California law requires us to verify your identity using your personal information. If we (or third parties we engage to assist us) are not able to verify your request, we will contact you for more information. If we are unable to verify your identity after a good faith attempt, we may deny the request and, if so, will explain the basis for the denial.

You may designate someone to submit requests and act on your behalf as an authorized agent. To do so, you must provide us with written permission to allow your authorized agent to act on your behalf and, where appropriate, accept information about you. Either way, you and/or your authorized agent must provide sufficient information to us that would allow us to verify your identity.

VII. CHILDREN’S PRIVACY

The Services are not intended for children under the age of 13, without parental or legal guardian consent. We do not knowingly collect personal information from users in this age group. If you believe your child has provided personal information to us, please contact us via the email listed in the “Contact” Section and we will work to delete it.

VIII. CONTACT INFORMATION

Sportscale, Inc. Greenville, North Carolina 27858

support@sportscalesystem.com

[End of California Rights and Disclosures.]