PRIVACY POLICY

Last Updated: June 1, 2020

Welcome to our Rally Privacy Policy (“Privacy Policy”). This Privacy Policy is provided by Rally Network, Inc. and our affiliates (referred to as “we”, “us”, “our” and “Rally”) and governs your use of this and other websites, webpages, applications, games, products and services (collectively, our “Site”). Throughout this Privacy Policy, we will refer to you as “you” and “User”.

This Privacy Policy applies to all aspects of our Site. It does not apply to any Third Party Sites (see below for more details). Through your use of our Site and engagement with our products and services, we may collect information from you. This Privacy Policy provides you with information on how we collect, use, share, transfer and store the information, which may include information identifying, relating to, describing, capable of being associated with, or that could reasonably be linked, directly or indirectly, with an identified or identifiable natural person or household (“Personal Data”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Your use of the Site is also governed by our Terms of Service.

1. Changes to our Privacy Policy

We may revise this Privacy Policy, and when we do so, the “Last Updated” date at the top of this webpage will be updated. Your continued use of the Site after the new Privacy Policy is posted constitutes your acceptance of the revised Privacy Policy. In the event we make material changes to the Privacy Policy, we will notify you by placing a prominent notice on the Site. The amended Privacy Policy supersedes all previous versions of the Privacy Policy. For this reason, we encourage you to review this Privacy Policy any time you access or use the Site and to print out a copy of this Privacy Policy for your records.

2. Information That We Collect From You

We may collect information from you, including Personal Data, in the following ways:

Browsing our Site.

We collect IP address information from you when you browse our Site.

Account Creation.

You may be able to create an account on the Site. If you choose to do so, you will need to provide your name and email address and create a password. You may be asked to provide other contact information, such as your mobile phone number, and payment card information if you choose to engage in transactions, which we may store if you choose to save it to your account. We will use your account information to track records of transactions that you make and activity that you conduct on the Site.

Engaging in Transactions.

If you choose to engage in transactions on the Site, we may collect information to enable you to complete such transactions and make or receive payments, including your bank account, payment card information and billing address, contact information such as mailing address and mobile phone number, and other information as needed to verify your identity, which may include your driver’s license number or social security number. Such information will be shared with our third party payment processors and payment services providers, compliance service providers, custodial service providers, wallet operators, authentication service providers, and others who need the information to process and verify transactions. In addition, information about your transactions, including a summary of your transactions, may be made available to other Users interacting with the Site.

Customer Service.

If you need assistance, you may provide information to our customer service support, which we will use to better your experience and to contact you if we need to follow up on a service request that you’ve made.

Promotions and Events.

You may have the opportunity to participate in promotional events or engagements, and as part of such events may be asked to provide your name, email address, mobile phone number, and mailing address for prize delivery. We will use this information to assess the progress of the promotion, improve on the promotion and to plan future promotions and engagements. We will use your mailing address or other contact information provided for the promotion to deliver your prize, if applicable, and, if you opt-in, for our own marketing purposes, unless you opt-out. We may also share your information provided to us to Rally Creators to assist them with understanding the nature of Rally users engaged with promotions

Your Submissions.

You may be permitted to voluntarily submit comments, posts, photos, communications or other materials (each, a “Submission”). By doing so, you grant us certain rights to use such Submissions, including to display such Submissions on the Site. Please see the Terms of Service for more information. Please note that any information you include in a Submission may be made publicly available, therefore please do not include any Personal Data that you would not like other people to see. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN SUBMISSIONS THAT MAY BE MADE PUBLICLY AVAILABLE.

Becoming a Creator.

When you use our Site as a Creator, you may provide us with information about yourself, including your name, your screen name, alias or preferred nickname, your contact information, including your email address and social media and social messaging handles, and your headshot, bio and description of your skills, specializations or profession to be used to create and maintain your profile, as well as other information that may be relevant to getting you set up. We will use this information to present your profile to users of the Site, and for other purposes to improve your Creator experience and the experiences of users on the Site.

Collection Through Third Parties.

We may engage third parties to collect information from you relating to your engagement with our Site, products and services, including your IP address, country from where you access our Services, cookie information, hardware and software information and other analytics and technical information. These parties include data analytics vendors and related companies. We may use this information to analyze the effectiveness of our products and services and to understand your preferences and interactions with our Site, products and services. We may also combine this information with other data that we already have about you.

3. Cookies and Tracking Technologies

We may collect certain Personal Data using cookies and other technologies such as web beacons, device IDs, advertising IDs, geolocation, HTML5 local storage, Flash cookies, and IP addresses. We use these technologies to provide you with an improved user experience on our Site, including to save your preferences for future visits to our Site. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization, performance/analytics, and advertising.

Some of our third party vendors may collect your Personal Data. You may manage your preferences with third party vendors in accordance with their privacy policies and other terms of use. For example, we make use of Google Analytics on our Site. For information from Google about opting out, click here, and to download the Google Analytics opt-out browser add-on from Google, click here.

We do not currently honor “Do Not Track” signals.

If you disable cookies, adjust privacy settings on your device, restrict local storage, or otherwise limit these technologies, you may not be able to use some of our Site features.

4. How We Use Information

We use your information for various purposes, including:

- To keep in touch with you about your transactions on the Site and to let you know about changes to our policies, when applicable;

- To learn about your preferences and activities in order to improve our Site and our products and services;

- To maintain our legal and business obligations relating to internal controls, document retention and record keeping;

- To gather and analyze aggregate data about Site traffic and engagement, which may include anonymizing your information in a manner that it is no longer identifiable;

- To improve our content, promotions and advertising; and

- To accomplish other business purposes as described in this Privacy Policy.

5. How We Share Information

We may share or disclose your Personal Data to the following categories of third parties and for the following reasons:

- To provide to service providers and vendors who perform services for us and on your behalf in relation to your transactions and interactions on the Site. These third parties may use your information to provide you with services, but they will not use your information for their own marketing purposes without your consent;

- To third party advertising networks and other advertising companies, to help us serve advertisements;

- To law enforcement and other parties in order to comply with a law, regulation, legal process, or investigation, including to protect the rights of our users; and

- To effectuate a sale of assets, merger, acquisition, reorganization, bankruptcy, or other transaction. In the event of such transaction, you us the right to assign the Personal Data collected via the Site.

In addition, any information that is not Personal Data or that is aggregated and/or de-identified in a manner that may no longer be associated with you may be shared by us in our discretion with third parties.

6. Third Party Advertising

We sometimes use third party ad networks and other advertising companies to serve advertisements on and off our Site. In the United States (“US”), the Network Advertising Initiative offers a means to opt-out of a number of advertising cookies. Please visit http://optout.networkadvertising.org/?c=1 to learn more. In the European Union (“EU”), the EDAA provides additional information at http://www.youronlinechoices.eu/. Please note that opting-out does not mean you will no longer receive online advertising.

7. Information from Children

We do not knowingly collect information online from children under 13 (note that the minimum age may vary based on location, and on local law). If you become aware that a child has provided us with their information, please contact us by sending an email to privacy@rally.io . If we become aware that a child under 13 has provided us with their information, we will take steps to remove the data without delay.

8. Managing Preferences or Withdrawing Consent

You may at any time withdraw your consent with future effect and without affecting the lawfulness of processing of your Personal Data based on the consent you provided before you withdrew it, and exercise other controls regarding website and online data collection, your communication settings, and app preferences. Depending on the service or product, collection and use of Personal Data may be required for the service or product to be provided.

If you do not want to provide Personal Data to us that we request from you, you can choose not to provide it. Depending on what the Personal Data is that you choose not to provide, we may not be able to provide certain services or products.

We may send you promotional communications if you opt-in to receive such communications. If you do not want to receive promotional communications, you can click on the “unsubscribe” link, or other mechanism to unsubscribe that is provided in all promotional communications. Note that you may still receive transactional messages about your account or services or products that you have requested, even if you opt-out of promotional communications.

9. Data Retention

We will retain your Personal Data for as long as you maintain an account or as otherwise necessary to provide you the Services. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. When we no longer need to process your Personal Data for the purposes set out in this Privacy Policy, we will delete your Personal Data from our systems.

Where permissible, we will also delete your Personal Data upon your request. If you want to make a deletion request, correct any Personal Data that you have provided to us, or have questions about our data retention practices generally, please email us at privacy@rally.io .

10. Data Security

We implement appropriate technical and organizational safeguards to protect against unauthorized or unlawful processing of Personal Data and against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Data. By using the Site or otherwise providing Personal Data to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Site. We may post a notice via the Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

11. Third Party Sites

Our Site may provide a link or otherwise provide access to third party sites, including social media sites and other third party services. We provide these links merely for your convenience. We have no control over, do not review, and are not responsible for third party sites, their content, or any goods or services available through the third party sites. This Privacy Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage. Any data you provide to third party sites, you provide at your own risk. We encourage you to review the privacy policies of any third party sites with that you interact with.

12. Your California Privacy Rights

California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. We do not share your Personal Data with unaffiliated third parties for their own direct marketing purposes without your express consent. If you have questions about our disclosure of your Personal Data to third parties for their direct marketing purposes, send us an email at privacy@rally.io or send us a letter to: Rally Privacy, P.O. Box 191373, San Francisco, CA 94119. Please put “Shine the Light” in the subject line of your request.

If you are a California resident under the age of 18 and you have created an account on our Site, you may request that we remove content or information that you have publicly posted by sending an email message to privacy@rally.io that includes: your mailing address and a detailed description of the content or information. Subject to legal requirements and our data retention policies, we may either remove your Personal Data or all related content.

13. European Economic Area and UK Resident Privacy Rights

Rally takes steps to keep your Personal Data accurate and up to date. We are a data controller for the purposes of the General Data Protection Regulation (EU) 2016/679 (“GDPR”).

- If you reside in the European Economic Area and the United Kingdom, you have the following rights: If you reside in the European Economic Area and the United Kingdom, you have the following rights:

- The right of access to your Personal Data, including confirmation if we are processing it and the purposes of the processing.

- The right to correct your Personal Data, as permitted by law.

- The right to ask us to delete your Personal Data, which may be exercised, among other reasons, (i) when your Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed; (ii) when you withdraw consent from the purposes for which we processed it and where we have no other legal ground for processing; (iii) when you object to processing and we have no overriding legitimate grounds for the processing; or, (iv) when your Personal Data has been unlawfully processed.

The right to restrict the processing of your Personal Data, including where the processing is unlawful or when the accuracy of your Personal Data is contested.

- The right to data portability of your Personal Data, where technically feasible.

- The right to object to our processing of your Personal Data, including processing for direct marketing purposes, where we have no compelling legitimate grounds for the processing that override your interests.

Our processing of your Personal Data is performed for specific purposes:

- We process your Personal Data for the legitimate purpose to provide you with services and products, including to facilitate your transactions, improve our Site, enhance your experience with our Site products and services, maintain your account, and provide you with technical support or customer service assistance.

- We process your Personal Data if we receive your consent to do so, including to provide you with promotional information about our Site, our Creators and our products and services.

- We may process your Personal Data if we have legal grounds to do so, including in response to any legal process, internal investigation, and in connection with any investigation, action, enforcement, or litigation, including to protect the rights of our users.

You can exercise your rights outlined above by sending us an email to privacy@rally.io or send us a letter to: Rally Privacy, P.O. Box 191373, San Francisco, CA 94119. Please include a detailed description of the right that you are exercising and the action that you are requesting that we take.

While we encourage you to contact us directly and allow us to work with you to address your concerns, you also have the right to lodge a complaint before the Data Protection Authority in the EU Member State where you reside, work or the place of the alleged infringement. You may exercise that right if you consider that the processing of Personal Data relating to you infringes applicable data protection laws.

14. International Transfers

All information and Personal Data that we collect is housed on servers in the United States. If you are located outside of the United States, please be aware that Personal Data we collect will be processed and stored in the United States (the data protection and privacy laws in the United States may offer a lower level of protection than in your country/region). By using our Services and submitting your Personal Data, you agree to the transfer, storage, and/or processing of your Personal Data in the United States. We put in place appropriate operational, procedural and technical measures in order to ensure the protection of your Personal Data. You acknowledge you understand that: (i) your Personal Data will be used for the uses identified above in accordance with this Privacy Policy; and (ii) your Personal Data may be transferred to the US and other jurisdictions as indicated above, in accordance with applicable law.

15. How to Contact Us

If you have any questions, comments, concerns or complaints about how we handle your Personal Data, please contact us at privacy@rally.io , or write to us at:

Rally Privacy

P.O. Box 191373

San Francisco, CA 94119