Spotivity, an affiliate of Graphium Inc., is committed to protecting your privacy. This Privacy Policy describes how we collect, use and share data, and what choices you have with respect to your data.

We may modify this Privacy Policy from time to time, so we encourage you to review it frequently. If we make any material changes to the Privacy Policy, we will post a notice on our website prior to such change taking effect and also send an email to all registered current users.

Please read the Privacy Policy carefully to understand our practices regarding your personal data and how we will treat it.

Applicability of the Privacy Policy

This Privacy Policy applies to all websites that Graphium Inc. owns and operates, including the websites located at www.Graphiuminc.com, www.spotivity.com, and all related websites, our applications and/or APIs, and online services (our “Site”), as well as our other services, offerings, and other interactions (e.g., customer service inquiries, user conferences, etc.) you may have with us (together with our Site, collectively referred to as our “Services”). If you do not agree with the data practices described in this Privacy Policy, you should not use our Services.

This Privacy Policy does not apply to any third party applications or software that integrate with the Services through our Site (“Third Party Services”), or any other third party products, services or businesses.

Information We Collect and Receive

We collect personal information about you in the following ways:

The information you give us

Information that you may provide through the Services or otherwise communicate with us includes:

Personal and Business Contact information, such as your first name, last name, postal address, email address, telephone number.

Profile information, such as your username and password, picture, interests and preferences.

Content you post on our Site (text, images, photographs, messages, comments or any other kind of content that is not your e-mail address).

Feedback and correspondence, such as information you provide in your responses to surveys, when you participate in research activities, report a problem with our Site, receive customer support or otherwise correspond with us.
Transaction information, such details about purchases you make through the Site, registrations you make through our Site, and billing details.

Usage information, such as information about how you use our Site and interact with us.

Marketing information, such as your preferences for receiving marketing communications and details about how you engage with them.

Information from Social Networking Sites

Our Site includes interfaces that allow you to connect with social networking sites (each a “SNS”). If you connect to a SNS through our Site you authorize us to access, use and store the information that you agreed the SNS could provide to us based on your settings on that SNS. We will access, use and store that information in accordance with this Notice. You can revoke our access to the information you provide in this way at any time by amending the appropriate settings from within your account settings on the applicable SNS.

Information we get from others
We do not purchase data about you from other individuals or organizations.

We may combine other publicly available information, such as that provided by business networking sites and databases, information related to the organization for which you work and personal interests and skill sets, with the personal information that you provide to us through our Services.

We also may obtain information from those in the Graphium Inc network such as our event organizers, contractors, and local representatives who have agreed to a relationship with us in order to deliver our Services. This may include information about potential interest in our programs, company and individual progress, interest in local events, and attendance at other similar events.

Information automatically collected

We may automatically log information about you and your computer or mobile device when you access our Site. We collect this information about you using cookies. Please refer to the Cookies and Similar Technologies section below for more details.

Changes to your personal information

It is important that the personal information we hold about you is accurate and current. Please let us know if your personal information changes during your relationship with us by updating your registration profile.

Cookies and Similar Technologies

What are cookies?

We may collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Site.

We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which we use to recognize your computer or mobile device when it revisits our Site; and (2) third party cookies, which are served by service providers on our Site, and can be used by such service providers to recognise your computer or mobile device when it visits other websites.

Cookies we use

Our Site uses the following types of cookies for the purposes set out below:

Type of cookie Purpose
Essential These cookies are essential to provide you with services available
Cookies through our Site and to enable you to use some of its features.
Without these cookies, the services that you have asked for cannot
be provided, and we only use these cookies to provide you with those
services.
Analytics and Performance Cookies These cookies are used to collect information about traffic to our Site and how users use our Site. The information gathered may include the number of visitors to our Site, the websites that referred them to our Site, the pages they visited on our Site, what time of day they visited our Site, whether they have visited our Site before, and other
similar information. We use this information to help operate our Site more efficiently, to gather broad demographic information and to monitor the level of activity on our Site. We use Google Analytics for this purpose. Google Analytics uses its
own cookies. It is only used to improve how our Site works. You can
find out more information about Google Analytics cookies here and about how Google protects your data here. You can prevent the use of Google Analytics relating to your use of our Site by downloading and installing the browser plugin available here.
Social Media Cookies These cookies are used when you share information using a social media sharing button or “like” button on our Site or you link your account or engage with our content on or through a social networking website such as Facebook or Twitter. The social network will record that you have done this.
Targeted and Advertising Cookies These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third-party advertisers can place cookies to enable them to show ads which may be relevant to your interests while you
are on third party websites.
 Functionality Cookies  These cookies allow our Services to remember choices you make when you use our Services, such as remembering your language preferences, remembering your login details and remembering the changes you make to other parts of our Services which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services.

Disabling cookies

You can typically remove or reject cookies via your settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.

Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org.

If you do not accept our cookies, you may experience some inconvenience in your use of our Site. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Site.

Payment information

Spotivity offers a Premium Program paid option for program providers. In the event a program wants to pay for Premium Membership they will be charged an annual fee (paid monthly) under the applicable terms and conditions. See here for pricing options.

If you choose to purchase any of our paid services or process payments for Premium Program Related transactions, you will need to pay using a payment card (e.g., credit or debit card). We use third party payment card processing companies to process payments in connection with the Sites and Services. These third parties have committed to Graphium Inc to process your payment card information in a secure, PCI compliant manner. Your payment card information is processed and retained by these third parties and will not be passed on to Graphium Inc; Graphium Inc does not store your payment card information.

If you are a premium program administrator, you also may use Spotivity to collect funds from other users. We may deduct a service fee from these fund transfers, but we will always spell out any applicable fees at the time of the transaction. In addition, we will not use payment information you have provided for fund transfers to charge you for other services. The fund transfers do not flow through Spotivity and are accomplished using Stripe Inc or another third party payment system, which is subject to separate terms with that third party (please review the section of this policy entitled “How We Share Your Information” below for more information).

Information from Third Parties

We receive data from third parties that are associated with Spotivity. These third parties provide us with data that you are using their service. In addition, these third parties may provide us with information about services you may be interested in. For example, they may provide us with what activity you are associated with or what type of programming you do.

How We Use Your Information

Provide, measure and improve services for you

Our primary use of your information is to deliver our Sites and Services for you to use.

We also use your information to measure and improve our Services. We look at this data in anonymous and aggregate form to determine things like how many users in total are using a given feature.

We also access information from third parties that provide analytical data. Our primary analytical service is Google Analytics. We use that information to improve the effectiveness of Spotivity and make the service easier to use. We analyze the data in the aggregate, rolling up the data across many users to better understand how Spotivity is being used at a macro level. You can access Google’s privacy policy here. You can opt out of Google Analytics here.

During the process of developing, troubleshooting and administering the Site and Services, it may be necessary to look at pieces of your information to improve the Services and user experience, offer you additional information, opportunities and functionality, respond to requests that you make, resolve a problem or dispute, investigate potential security issues, or verify your compliance with our terms of use. Also, when you write us to request support, our customer support representatives may look at your information in order to assist you. We may also access and use your information to compare information for accuracy and verify it with third parties or to comply with applicable law or legal process.

Third parties (such as the program administrators of premium programs) can upload your information to the Services and share pieces of your information and other information with other program members through admin settings. It is up to you as to whether you share this optional information — none of it is required, but you may need to work with your program administrator to limit any information sharing or to remove or update any information submitted on your behalf. We may also share your information with a premium program administrator. The premium program administrator is defined as the person who is listed in Spotivity as the billing contact for the program. The program owner is the person who executed the contract with Spotivity to purchase our products.

Key Program Partnerships

Spotivity is in discussion with a number of different educational partners to help provide valuable insight to Spotivity users. Once these partnerships are finalized we will update the Privacy Policy as needed and inform all users of the platform additions.

Communicate with you

We use your information to send you marketing communications, communicate with you about our Sites and Services, and let you know about our policies and terms. We also use your information to respond to you when you contact us.

Manage the security of our Sites and Services

We monitor the data to ensure that users are complying with our terms of service and to investigate suspicious behavior on our Sites and Services.

To comply with law

We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.

With your consent

We may use or share your personal information with your consent, such as when you: consent to participate in additional surveys, let us post your testimonials or endorsements on our Sites, instruct us to take a specific action with respect to your personal information, or opt into third party marketing communications.

To create aggregated or de-identified information

We may disclose or use aggregated or de-identified information for any analytical purpose. That said, we will not sell any personally identifiable information “PII”.

For compliance, fraud prevention and safety

We use your personal information as we believe necessary or appropriate to (a) enforce the terms and conditions that govern the Service; (b) protect our rights, privacy, safety or property, and/or that of you or others; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

How We Share Your Information

Data you share through the Sites and Services

The Sites and Services offer a number of ways to share content with members of your premium program, your respective networks and even publicly. Premium Program Administration can enable the ability for the program to share certain information to social media sites. In all cases the data shared is driven by the users.

By uploading content to Spotivity, and connected media outlets, you acknowledge and consent that Spotivity and Graphium Inc may use your content in marketing and other related ways

Vendors and service providers

Spotivity employs various third parties to run its service, as further described below. These third parties operate components of the Spotivity architecture. Spotivity relies on these third parties to maintain the safety and security of your information.

We may share your information with third-party service providers to: provide you with the Sites and Services that we offer you; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to Spotivity or to you.

Third party apps and sites

Spotivity works with various third parties to bring you and Premium Programs additional goods and services through our Sites and Services (e.g., scheduling solutions, statistics solutions, and marketplace solutions). We may share your information and transaction data (excluding payment card numbers) with such third parties if you or your program administrator has indicated interest in such third parties’ goods or services. Such third parties may also collect your information from you if you decide to interact with them. If we redirect you to a third-party site, we may send you to a URL on the third-party site which indicates some category data about you. For example, if you are on a basketball team, and you click on a third -party site link, we may send you to the page for basketball teams on that site. We do not pass personal information to such third party sites without your permission. However, that third party may add that category data (e.g., the fact that you are involved with a basketball team) to the data it stores about you. Please review that third party’s privacy policy to understand how it uses such data.

Information shared with or collected by such third parties is subject to their privacy policy. We do not control the privacy policies of these third parties and we encourage you to review their privacy policies.

New owner

We may share some or all of your information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, your information may also be transferred as a business asset. If another company acquires our shares, business, or assets, that company will possess the your information collected by us and will assume the rights and obligations regarding your information as described in this Privacy Policy. Spotivity is currently the only affiliate of Graphium Inc. You hereby agree that we may share some or all of your information with Graphium connected affiliates if/when they are created. We will require our Affiliates to comply with this Privacy Policy.

Legal compliance

Regardless of any choices you make regarding your information, we may disclose your information (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas, warrants or other legal process served on us; (c) to protect or defend the rights or property of Spotivity or users of the Site and Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Service, (e) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity. In these cases we provide only the data requested to be legally compliant.

Partners and User Groups.

We may disclose your personal information to our partners when you register for a program or event through our Services, your personal information may be shared with the event organizers and sponsors in order to communicate with you about the event.

Affiliates

We may disclose your personal information to our parent company, subsidiaries, joint ventures, or other corporate affiliates when applicable for purposes consistent with this Privacy Policy.

Professional advisors

We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Business Transfers

We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy, in which case we will make commercially reasonable efforts to require the recipient to honor this Privacy Policy.

Your Choices

Access, Update, Correct or Delete Your Information.

All account holders may review, update, correct or delete the personal information in their registration profile by logging into their account. You may also contact us at privacy@spotivity.com to accomplish the foregoing or if you have additional requests or questions.

Email communications

You may opt out of newsletters and marketing-related emails by following the unsubscribe instructions on a link at the bottom of each such email.

Withdrawing Consent

If you gave us consent to use your personal information but wish to update or delete it, please update your settings.

Choosing not to share your personal information

Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Services to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with the Services and may need to close your account. We will tell you what information you must provide to receive the Services by designating it as required in the Services or through other appropriate means.

Uninstalling our applications

You can stop all collection of information by the Application by uninstalling the Application.

You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

Points System

Spotivity utilizes a specific points system to encourage positive engagement in activities. All points are awarded based on a clear points matrix table found HERE. Points will be awarded for a number of different actions and memorialized for the user in various leaderboards, the users wallet, and eventually reimbursable for goods/services when appropriate platform sponsorships are activated and live.

User Wallet

The User Wallet will allow the users points to be memorialized and utilized as the user sees fit. This repository is a secure and seen only by the logged in user. The only other party that may know of the users points is a parent/guardian (if their respective accounts are appropriately tethered).

Parental Tethering

Parental Tethering is a dual opt-in feature that will allow parents/guardians to be connected to their children and will allow automatic notifications, internal points motivation engagement, and the gifting of accrued parental points to connected children. This feature must be opted in by both parties.

Security

The security of your personal information important to us. We take a number of organizational, technical and physical measures designed to protect the personal information we collect, both during transmission and once we receive it. However, no security safeguards are 100% secure and we cannot guarantee the security of your information.

Managing your information

If you are a registered user, you may review, update, correct or delete your information by logging into Spotivity at www.spotivity.com. If you are unclear about how to do this or have concerns, please refer to the FAQ section.

If you wish to contact us please use the details below. In your request, please make clear:

what

personal data is concerned; and (ii)

which of the rights

you would like to enforce. Foryour protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for record keeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.

Opt-out.

You may contact us anytime to opt -out of: (i) direct marketing communications; (ii)automated decision -making and/or profiling; (iii) our collection of sensitive personal data; (iv) any new processing of your personal data that we may carry out beyond the original purpose ; and/or (v) the transfer of your personal data outside the EEA. Please note that your use of some of the Services may be ineffective upon opt-out. Despite your indicated email preferences, we may send you service -related communications, including notices of any updates to our Terms of Use or Privacy Policy.

Access.

You may access the information we hold about you at any time via your account.

Amend.

You can also update or correct any inaccuracies in your information in your settings.

Move.

Your personal data is portable – i.e. you to have the flexibility to move your informationto other service providers as you wish.

Erase and forget.

Spotivity offers two ways for users to delete data 1) Soft Delete and 2) HardDelete.

Soft Delete:

erases all data that has been uploaded by the user up to the moment of deletion but allows the user to continue with the service with the same log-in credentials and profile. Please note, this will affect points accrual, leaderboard rankings, and internal messages you have on file.

Hard Delete:

completely erases all profile information and history with no remnants of activities saved in data storage. Please note, re-engaging with Spotivity after a Hard Delete will require the user to start any engagement process from the beginning.

In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your information. Spotivity can delete A) personal information provided by the user through the onboarding process, B) check-in information provided by the user, and C) information provided by polls. Please note that aggregated information, once aggregated and utilized, cannot be unwound. Future use of your data,however, can be wiped from future looking events in the event a user decides on a deletion event. We retain the right to retain your information for up to 60 days after we process your deletion request.

Photos, team schedules and other information may be maintained by the team or group administrators and, as such, might be accessible for deletion. If you have concerns about that information, contact your team or group manager or drop us a line at privacy@spotivity.com.

We may communicate with you at various times, with administrative emails or phone calls, about transactions and service announcements, customer service responses and promotional emails like special offers, newsletters and updates. You can choose to stop receiving promotional emails at any time simply by changing your preferences, unsubscribing through the applicable Sites and Services, or using an email’s unsubscribe function. You may not opt out of receiving administrative messages or customer service responses, unless you delete your Spotivity account. If you have agreed to receive marketing communications through interactions with our partners, you must change your communication preferences with them directly.

If you choose to refer others to use Spotvity, we ask you for your friend’s email and their name. We will automatically send your friend a copy of the email. Spotvity or our service providers store this information for the sole purpose of sending this one-time email.

Questions about your information

If you have any questions about this Privacy Policy, just send an email to privacy@spotivity.com.

Other Sites and Services

Our Site may contain links to other websites and services. These links are not an endorsement, authorization or representation that we are affiliated with that third party. We do not exercise control over third party websites or services, and are not responsible for their actions. Other websites and services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies of the other websites you visit and services you use.

User-Generated Content

We may make available on our Site, or link to, features that allow you to share information online (e.g., on message boards, in chat areas, in file uploads, through events, etc.). Please be aware that whenever you voluntarily disclose personal information online, that information becomes public and can be collected and used by others. We have no control over, and take no responsibility for, the use, storage or dissemination of such publicly-disclosed personal information. By posting personal information online in public forums, you may receive unsolicited messages from other parties.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy you will be notified via e-mail (if you have an account where we have your contact information) or another manner through the Services that we believe reasonably likely to reach you (which may include posting a new privacy policy on our Site – or a specific announcement on this page or on our blog).

Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes on the Site (or as otherwise indicated at the time of posting). In all cases, your continued use of our Services after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

Retention

Data retention and security

The security of your information is important to us. We store your information in Spotivity’s systems and we use reasonable security precautions to protect it.

No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee the security of your information or other information. If you have any questions or concerns about security, drop us a line at privacy@spotivity.com and we will do our best to respond to them.

We retain information as long as it is necessary and relevant for our operations. Typically we retain information submitted for a team or group until it is deleted by the user or team/group owner/manager so that it may be accessed for that team or group on an ongoing basis (for example in the next sports season). In addition, we may retain your information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Use and take other actions permitted by law.

 

Children’s privacy

Spotvity does not knowingly collect information from children under the age of 13. Furthermore, we do not target our service to children under these ages nor do we knowingly communicate with children under 13.

International transfer

This Service is hosted in the United States of America and subject to applicable U.S. Federal and state laws, rules and regulations. Your personal data, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in your country. By using our Services, you consent

and agree to this transfer, storing, processing and use of your personal data in accordance with this Privacy Policy.

Complaints

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Privacy Policy or our practices in relation to your personal data, please contact us at: privacy@spotivity.com. We will reply to your complaint as soon as we can and in any event, within 45 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

Do not track

We do not currently respond to “do not track” signals from web browsers.

Use for new purposes

We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

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