Privacy — PlugSports

Welcome, and thank you for your interest in Plug Sports, Inc. (“Plug,” “we,” “our,” or “us”). Plug is a social network dedicated to all athletes who are hungry for the opportunity to play at the next level. Plug allows you to represent yourself, build your brand, and explore recruitment opportunities. Plug is committed to protecting and respecting your privacy. This Privacy Notice explains how we collect, store, use, and disclose information about you when you use our mobile application (the “App”), our website (the “Site”) and other online products and services that link to this Privacy Notice (collectively, the “Service”).

We may also provide you with additional privacy notices or disclosures where the scope of the inquiry, request, or personal information we require falls outside the scope of this Privacy Notice. In that case, the additional privacy notice or disclosures will govern how we may process the information you provide at that time.

Please ensure that you have read this Privacy Notice and understood how we collect, store, use and disclose your personal information before accessing or using the Service.

Click on the links below to jump to each section:

1. INFORMATION WE COLLECT AND HOW WE USE IT

2. OTHER USES OF PERSONAL INFORMATION

3. SHARING OF INFORMATION

4. HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION

5. THIRD-PARTY TRACKING AND ONLINE ADVERTISING

6. CONTROL OVER YOUR INFORMATION

7. DATA PROTECTION

8. LINKS TO THIRD-PARTY WEBSITES AND SERVICES

9. CHILDREN’S PRIVACY

10. YOUR CALIFORNIA PRIVACY RIGHTS

11. NEVADA RESIDENTS

12. UPDATES TO THIS PRIVACY NOTICE

13. CONTACT US

1. Information We Collect AND How We USE IT

We may collect information, including personal information, in connection with your visits to and use of the Service. This collection includes information that you provide in connection with the Service, information from third parties, and information that is collected automatically such as through the use of cookies and other technologies.

Information That You Provide

We may collect personal information from you. The information we collect may include:

● Registration Information. We collect personal and/or business information [KK1] that you provide when you sign up for our Service. This information will be based on your type of account, as follows:

o Athlete Account: If you sign up as an athlete, we collect your email, password, first name, last name, gender, date of birth, high school graduation year, state, city or hometown, and zip code. We also collect demographic information relevant to the sport you play and your statistics, including the sport, position, class/division, race/ethnicity, height, and weight.

o Recruiter Account: If you sign up as a recruiter, we collect [KK2] your email, password, first name, last name, gender, date of birth, state, city or hometown, and zip code.

We use this information to authenticate your account and provide the Service, including allowing recruiters to more easily identify athletes as potential recruits. [KK3] [KK4]

● Profile information. [K5] In addition to the registration information collected, which will be used to build your profile, we may also collect the following information:

o Athlete Account: You may edit your profile to include your school name, grade point average (GPA), bio, and other athletic information you may wish to provide.

o Recruiter Account: You may edit your profile to include your photo, biographical information, school or organization name, and your social media link (e.g. LinkedIn Professional URL). Recruiters also have the “Recruiter Card” which allows recruiters to include information in the about (for example, about your goals as a recruiter), your preferred nickname (for example, “Coach Taylor”), and tenure.

We use this information to personalize Plug recommendations to you, and to help you connect with other athletes and recruiters. [KK6]

● Payment Transaction Information. If you make a purchase or payment on the Service, such as for a subscription, we collect information provided in connection with your transaction such as name, user ID, transaction date, and type of subscription purchased. [KK7] We use this information to manage our paid services and to better tailor our offerings. Please note that we use third party payment processors, including through the Apple and Google Play stores, to process payments made to us in connection with paid content, such as Account upgrades and subscriptions. As such, we do not retain any personally identifiable financial information such as payment card numbers. Rather, all such information is provided directly to our third-party processor. The payment processor’s use of your personal information is governed by their privacy notice.

● Information Collected through the Use of the Service. After registration, you may create and share a post, upload videos, post comments, or otherwise provide information as part of your use of the Service (collectively, “User Content”). User Content and any information contained in the User Content, including personal information you may have included, is stored and collected as part of the Service. You control the information included in the User Content, and whether that information is shared publicly with all users or only with select users. [KK8] You may also be able to send private messages directly to other users. To share a profile photo or videos, we will access your device camera roll and camera with your permission. If you need to update your permissions, you can do so in the “Settings” app of your device. Please remember that Plug may, but has no obligation to, monitor, record, and store User Content in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend our rights and property.

● Inquiries and Feedback. If you contact us, we will collect the information that you provide us, such as your contact information and the contents of your communication with us. If you contact our customer support, we collect information about your account, your device, information relating to your user support requests and any other information you choose to provide. If you join our waiting list, we may also collect your name and email address. We use this information to investigate and respond to your inquiries, to communicate with you, to enhance the services we offer to our users, and to manage and grow the Plug community.

● Marketing Emails. If you sign up to receive news or alerts from us, we collect your email and applicable interests and communication preferences in order to send you regular updates about the Service. We use this information to manage our communications with you and send you information about products and services we think may be of interest to you. If you wish to stop receiving email messages from us, please see the Control Over Your Information [KK9] section below.

● Events, Surveys, and Promotions. If you fill out any forms relating to Plug events, surveys, contests, sweepstakes, or other promotional events, we collect your contact and demographic information, and any other information requested on the form or at sign up. We use this information to fulfill the purpose of the form or sign up, facilitate the event, survey, contest, sweepstakes, and promotion, and to inform you about future programs that may be of interest to you.

● Employment Applications. [KK10] If you apply for employment, we collect your contact and demographic information, educational and work history, employment interests, information obtained during interviews and any other information you choose to provide. We use the information provided to evaluate your candidacy for employment, to communicate with you during the application process and to facilitate the onboarding process.

Information from Third Parties

We may also receive personal information about you from:

● Business Partners and Service Providers. We may receive your personal information from our business partners or service providers. These third parties may include our technology providers, social networks, website operators, marketing partners, and references. The information may include contact information, demographic information, interests, information about your subscription, and educational and professional history. We use this information to administer and facilitate our Service, process your subscription, and conduct marketing activities.

● Social Media. When you interact with our Service through various social media, such as when you click on the social media icon on the Service, follow us on a social media site, or post a comment to one of our pages, we may receive information from the social network such as your [profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, and any other information you permit the social network to share with third parties[KK11] ]. The data we receive may be dependent upon your privacy settings with the social network. We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.

● Information from Other Sources. We may obtain information from other sources, such as third-party information providers, or through mergers and acquisitions, and combine this with information previously collected. In these cases, our Privacy Notice governs the handling of the combined personal information.

2. OTHER USES OF PERSONAL Information

In addition to the uses described above, we may collect, use, process, combine, retain and store personal information and information that we collect or receive for a variety of purposes, including the following:

· For our business activities, including to operate the Service and to provide you with the features and functionality of the Service, and to authenticate your account;

· To verify your payment in connection with subscription or other paid portions of the Service;

· To communicate with you and respond to your requests, such as to respond to your questions, contact you about changes to the Service, and communicate about account related matters;

· For marketing and advertising purposes, such as to market to you or offer you with information and updates on our products or services we think that you may be interested in;

· For analytics and research purposes, including through the use of machine learning;

· To enforce this Privacy Notice and our Terms of Service[KK12] , to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties;

· To comply with contractual and legal obligations and requirements;

· To fulfill any other purpose for which you provide personal information; and

· For any other lawful purpose, or other purpose that you consent to.

3. Sharing of Information

We may also share, transmit, disclose, grant access to, make available, and provide personal information with and to third parties, as described below.

Remember, our Service allows you to connect and interact with others. Your profile information, including your name, photo, the personal information included in your profile, and your videos will be available publicly to other members of the Service by default when you create a profile, interact with others on the Service, and post content to public spaces. [KK13]

We may share your personal information with:

· The Public and Other Members of the Service. Your profile information and content you post to public areas of the Service, including the video feed, will be viewable by others on the Service and the public[KK14] . Please do not provide personal information you would not want to be public. You may be able to control the visibility of some of your information and actions in your Settings (see "Control Over Your Information" below). We share your information with third parties with whom you communicate with on the Service. You control who you want to communicate with and what information you share;

· Service Providers. We share personal information with third party service providers who perform services on our behalf, including event coordinators, market research providers, advertising partners, payment processors, and technology providers (including technology support providers, email communications providers, analytics providers, data storage providers, and web and video hosting providers and developers).

· Business Partners. [KK15] [K16] We may disclose personal information to our third-party business partners for their own business or marketing purposes, including to promote their products or services, or with whom we partner to provide events, contests, sweepstakes, or referral programs. We may also share your personal information with other third parties who may have products or services we think you may enjoy. [KK17]

· Online Advertising Partners. We also share personal information with advertising networks or permit these partners to collect information from you directly on our websites to facilitate online advertising, such as search engines and social network advertising providers to serve targeted ads to you or to groups of other users who share similar traits, such as likely commercial interests and demographics, on third-party platforms. For more information, including how to opt out of interest-based advertising, please see Third-Party Tracking and Online Advertising [KK18] below.

· Within Our Brands. [KK19] We may also share your personal information with our affiliates, parent companies, subsidiaries, and other related companies, all for the purposes noted above or in this Privacy Notice. These companies will use your personal information in the same way as we can under this Privacy Notice.

· Regulatory or Legal Requirements, Safety and Terms Enforcement. Third parties to respond or comply with, in our sole discretion, a court order, subpoena, law enforcement or other government request (with or without notice to you, in our discretion) under applicable law. We may also disclose your personal information to third parties, in our discretion, to: (i) satisfy any applicable law or regulation, (ii) enforce this Privacy Notice, including the investigation of potential violations thereof, (iii) investigate and defend ourselves against any third party claims or allegations, or (iv) protect against harm to the rights, property or safety of us, the Service, other Service users, or third parties (including financial loss, or in connection with preventing fraud or illegal activity, and/or to enforce our Terms of Service[KK20] );

· Corporate Transaction. Buyers, successors, or others in connection with a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us may be among the assets transferred;

· At Your Request or With Your Consent. We may disclose your information publicly or with another third party at your request or with your prior authorization; and

· Anonymized Data. We may also share your information with third parties in the aggregate or stripped of personally identifying characteristics.

4. How We Use Cookies and Other Tracking Technology to Collect Information[K21]

We, and our third-party partners, automatically collect information about you and any computer or device you use to access the Service, read our emails, or otherwise engage with us. Some of the information we collect, and ways we collect it, include:

· Cookies. When you use or visit the Service, we may send one or more cookies — small text files containing a string of alphanumeric characters — to your computer or device that allows us to uniquely identify your browser, computer, or device. A cookie may also convey other information to us, such as: your Internet Protocol (“IP”) address; unique device identifiers; your browser settings and specification; and information about how you use the Service (e.g., the pages you view, the links you click, features and functionalities you utilize, how frequently you access the Service, and other actions you take on the Service). Cookies also allow us to track your usage of the Service over time.

· Log Files. We may record log file information each time you access the Service. This information may include information such as: your requests or actions; IP address; browser type; unique device identifiers; information about your computer or device; number of clicks; how you interact with links, features, or functionalities on the Service; and other such information.

· Clear Gifs. We may employ clear gifs (also known as web beacons or pixel tags) which may collect information about you, your computer or device such as: your requests or actions; IP address; unique device identifiers; browser type; information about your computer or device; how you interact with links, features, or functionalities of the Service; information about cookies; all of which can show your Service usage patterns.

· Mobile Device Information. When you access the Service with a mobile device, we may collect and store a unique identifier associated with your device (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google Ad ID, or Windows Advertising ID), or information about your mobile carrier, device type, model and manufacturer, and mobile device operating system brand and model, phone number, and depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address. [K22]

We also collect information about the way you use our Service, for example, the site from which you came and the site to which you are going when you leave our Service, the pages you visit, the links you click, how frequently you access the Service, whether you open emails or click the links contained in emails, whether you access the Service from multiple devices, and other actions you take on the Service. We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. We may also work with third party partners to employ technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices.

· Analytics. We may collect analytics data, or use third-party analytics tools, including Google Analytics, to help us measure traffic and usage trends for the sites and to understand more about the demographics of our users. For more information on how Google uses data when you use our partners' sites or apps, visit: https://policies.google.com/technologies/partner-sites.

We use or may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Service; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our Service; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Service; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our Service.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Service, as some features and services on our Service may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.

We and our third-party partners may also use cookies and tracking technologies for advertising purposes. For more information about tracking technologies, please see “Third Party Tracking and Online Advertising” below.

5. Third-Party Tracking and Online Advertising[K23]

Interest-Based Advertising. We participate in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on your browsing history. We may share or we may permit third-party online advertising networks, social media companies, and other third-party services to collect information about your use of our Service over time so that they may play or display ads on our Service, on other devices you may use, and on other websites, apps, or services, including on Facebook. Typically, though not always, the information we share is provided through cookies or similar tracking technologies, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the Sites, and other information. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.

Social Media Widgets and Advertising. Our Service may include social media features, such as the Facebook button, Google, Snapchat, Instagram, Twitter, or other widgets. These social media companies may recognize you and collect information about your visit to our Service, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy notices of those companies.

We may also display targeted advertising to you through social media platforms, such as Facebook, Twitter, Google, and others. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our Service while those users are on the social media platform or to groups of other users who share similar traits, such as likely commercial interests and demographics. These advertisements are governed by the privacy notices of those social media companies that provide them.

Cross-Device Linking. We, or our third-party partners, may link your various devices so that content you see on one device can result in relevant advertising on another device. We do this by collecting information about each device you use when you are logged in to our Service. We may also work with third-party partners who employ tracking technologies or the application of statistical modeling tools to determine if two or more devices are linked to a single user or household. We may share a common account identifier (such as an email address or user ID) with third-party advertising partners to help recognize you across devices. We, and our partners, can use this cross-device linkage to serve interest-based advertising and other personalized content to you across your devices, to perform analytics, and to measure the performance of our advertising campaigns.

Google Analytics and Advertising. We utilize certain forms of display advertising and other advanced features through Google Analytics, including, but not limited to, Remarketing with Google Analytics, the DoubleClick Campaign Manager Integration, Google Ads, and Google Analytics Demographics and Interest Reporting. [K24] These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Service and to tailor our advertisements and content to you. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by visiting NAI’s online resources at http://www.networkadvertising.org/choices.

Cookies and Other Tracking Technologies Opt-Out. As noted above in the “How We Use Cookies and Other Tracking Technology to Collect Information” section, depending on your browser or mobile device, you may be able to set your browser to delete or notify you of cookies and other tracking technology by actively managing the settings on your browser or mobile device.

To learn about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android). You may also be able to opt-out of some – but not all – interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.

Please note that when you opt out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on our online services. It means that the online ads that you do see from DAA program participants should not be based on your interests. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about your use of our online services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA’s Principles.

6. CONTROL OVER YOUR INFORMATION

We strive to give you choices about how your personal information is used. These choices include the following:

· Posts and Messages[K25] . You can control whether your posts or messages are made publicly for all Plug users to view and comment, or privately so that only those users you select can view your post or receive your messages. Note that posts are set to “public” view by default.

· Marketing E-Mails. We may send you marketing e-mails from time to time. If you do not wish to receive them, you can opt-out by following the unsubscribe instructions at the bottom of the e-mails, or by contacting us at team@plugsports.io. [K26] We will work to honor your request within 10 business days. If you opt-out, we will still send you e-mails for service purposes, such as for communications about your account or subscription, and responses to your requests.

· Access to Your Device Information. You may control the access to your device information through your “Settings” app on your device. For instance, you can withdraw permission for the Service to access your geolocation and camera.

· How to Control Push Notifications. You can stop receiving push notifications from us by changing your preferences in the iOS or Android notifications settings menu.

· Modifying or Deleting Your Information. If you have any questions about reviewing, modifying, or deleting your information, you can contact us directly at team@plugsports.io. We may not be able to modify or delete your information in all circumstances.

7. Data Protection

Plug cares about the security of your information and uses commercially reasonable physical, technical and organizational measures designed to preserve the integrity and security of all information we collect. However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%.

We store data on servers in the U.S. or any other country in which Plug or its affiliates, subsidiaries, agents or contractors maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that your personal information may be transferred to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

8. Links to Third-Party Websites and Services

For your convenience, our Service may provide links to third-party websites or services that we do not own or operate. We are not responsible for the practices employed by any websites or services linked to or from the services, including the information or content contained within them. Your browsing and interaction on any other website or service are subject to the applicable third party’s rules and notices, not ours. If you are using a third-party website or service, you do so at your own risk. We encourage you to review the privacy notices of any site or service before providing any personal information.

9. Children’s Privacy

Our Service is not intended for children under the age of 13. We do not knowingly solicit or collect personal information from children under the age of 13. If we learn that any personal information has been collected inadvertently from a child under 13, we will delete the information as soon as possible. If you believe that we might have collected information from a child under 13, please contact us at team@plugsports.io.

10. Your California Privacy Rights [K27]

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. To opt out of having your information shared in this manner, please email us at team@plugsports.io.

11. NEVADA RESIDENTS [K28]

If you are a Nevada resident, you may ask Plug to add you to our opt-out list for possible future sales of certain information we have collected or will collect about you. To submit such a request, please contact our designated request email address: team@plugsports.io.

12. Updates to This Privacy Notice

We reserve the right to change this Privacy Notice from time to time in our sole discretion. We will notify you about material changes in the way we treat personal information by sending a notice to the primary email address specified in your Plug account, by placing a prominent notice on our Site, or through other appropriate communication channels. It is your responsibility to review this Privacy Notice periodically. When we do change the Privacy Notice, we will also revise the “last modified” date.

13. Contact Us

If have questions about this Privacy Notice or our privacy practices, please contact us at team@plugsports.io.

[KK1]Note to Plug: The prototype link includes three types of accounts:

· Athlete Modal

· Recruiter Modal

· University Modal

However, when signing up, the individual can only select “Athlete” or “Recruiter.” Can you please confirm how a “University” account/modal would come into play?

[KK2]Note to Plug: these are the categories that are required. Based on the prototype, I wasn’t able to determine which fields were required and which fields were optional. If some of these fields are not required at registration, we recommend separating into a “profile information” section.

[KK3]Note to Plug: Please confirm this information.

[KK4]Note to Plug: these are the categories that are required. Based on the prototype, I wasn’t able to determine which fields were required and which fields were optional. If some of these fields are not required at registration, we recommend separating into a “profile information” section.

[K5]Note to Plug: I moved this section as it was a better transition from the registration to the profile information.

[KK6]Note to Plug; Please confirm this is accurate.

[KK7]Note to Plug: Please confirm the information you receive from payment processors.

[KK8]Note to Plug: Please confirm this is accurate.

[KK9]Note to Plug: Hyperlink to Section

[KK10]Note to Plug: Is this applicable?

[KK11]Note to Plug: Please confirm his information.

[KK12]Note to Plug: Hyperlink to Terms

[KK13]Note to Plug: Please confirm this is accurate.

[KK14]Note to Plug: Is this accurate, or can I only view the videos if I’m a member of the Service?

[KK15]Note to Plug: Note that this is very permissive and allows you to engage in partnerships where your partner can use your Plug Users’ information for their own purposes.

[K16]Note to Plug: If there are specific partnerships or ongoing relationships, recommend listing them explicitly (e.g. Colleges and Universities). If the User is the one sharing the information, then no need to list – this would only apply if Plug is the one compiling the information and sending/sharing the information.

[KK17]Note to Plug: This clause allows you to share or sell personal information, if you would like to. VERY permissive as well, but note that some users who are more privacy minded do not particularly like seeing provisions such as this one.

[KK18]Note to Plug: Hyperlink to Section.

[KK19]Note to Plug: While it may not be applicable now, this allows you to share the personal information as you grow your business. Suggest including this provision to allow flexibility.

[KK20]Note to Plug: Hyperlink to Terms

[K21]Note to Plug: We assume you will be engaging in all of the standard tracking activities for business and internal analytics and research, but please review this section closely and flag anything that would not be applicable to the business.

Note there is a separate section below for tracking technologies used for marketing/advertising.

[K22]Note to Plug: Will you be collecting phone number or precise location information?

[K23]Note to Plug: Please review this information closely to ensure it properly captures the activities that you will be conducting in connection with online advertising.

[K24]Note to Plug: Please confirm which services you use or will be using. The Google terms require explicit disclosures of such use.

[K25]Note to Plug: Will there by privacy settings to control the posts? This would include the videos that are uploaded. If the video will always be “public” as default and cannot be controlled in terms of Welcome, and thank you for your interest in Plug Sports, Inc. (“Plug,” “we,” “our,” or “us”). Plug is a social network dedicated to all athletes who are hungry for the opportunity to play at the next level. Plug allows you to represent yourself, build your brand, and explore recruitment opportunities. Plug is committed to protecting and respecting your privacy. This Privacy Notice explains how we collect, store, use, and disclose information about you when you use our mobile application (the “App”), our website (the “Site”) and other online products and services that link to this Privacy Notice (collectively, the “Service”).