Privacy Policy

Introduction

Welcome. You have arrived at a website that is provided by Phenom Promotions, LLC ("Phenom Promotions," "we," "our," or "us"). This Privacy Policy governs your use of www.phenompromotions.com, including both mobile and online versions of our website, and also applies to your use of all features, applications, content, downloads, and other services that we make available through the website and/or that post a link to this Privacy Policy, collectively referred to herein as the "Site," regardless of how you access or use the Site, whether via personal computers, mobile devices, or otherwise. This Privacy Policy does not apply to our data collection activities offline or otherwise outside of our Site unless otherwise stated below.

To the extent we provide you notice on our Site of different or additional privacy policies or practices, such as at the point of our collection, those different or additional terms shall govern such data collection and use.

In addition, please review the Site's Terms of Use. By using our Site, you consent to our Privacy Policy and Terms of Use, together with any other posted terms and conditions, and our collection, use, and sharing of your information and data as described below.

1. What Information Does the Site Collect?

Following is a description of information we collect and our sources of collection. Some of the data we collect is "Personal Information," which we consider to be data that is linked to a specific, identifiable individual, such as your full name and email address. We will treat other information, such as demographic information, usage information, and device identifiers as Personal Information where required by applicable law.

We may de-identify or pseudonymize your Personal Information so as to make it non-personal, either by combining it with data about other individuals and/or by hashing the data or otherwise removing characteristics that make the information personally identifiable to you. We will treat de-identified or pseudonymized information as non-personal to the fullest extent allowed by applicable law. We maintain and use de-identified information without attempting to re-identify it, except where permitted by applicable law. If we combine non-Personal Information with Personal Information, then we will treat the combined data as Personal Information under this Privacy Policy.

Some Personal Information is defined as "sensitive" Personal Information or a "special category" of Personal Information under various data privacy and protection laws. We do not intentionally collect any Sensitive Personal Information about you for the purposes of the activities described in this Privacy Policy; however, if you volunteer such information to us, such as on any Phenom Promotions community or forum, it may be available to others publicly viewing such community or forum, and we will process such Sensitive Personal Information the same way we process all unstructured user-provided data in Phenom Promotions communities and forums.

(a) Information You Provide to Us

In the course of using the Site, you may provide us with certain information, including contact information such as your name and email address and demographic information such as information about your gender and age. We may collect this information through various forms and in various places on the Site, including if you sign up for our newsletter or through contact forms, if you request to receive information from us, if you register for a sweepstake, contest, or other promotion, or when you otherwise interact with the Site.

(b) Information We Collect and Store as You Access and Use the Site

We and our third-party service providers may use a variety of technologies that automatically, or passively, collect and store certain information whenever you visit or interact with the Site, referred to as "Usage Information." This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone, or other device whenever you visit or interact with our Site.

This Usage Information may include:

• your IP address, UDID, or other unique identifier, referred to as a "Device Identifier";
• your device functionality, including browser, operating system, hardware, and mobile network information;
• the URL that referred you to our Site;
• the areas within our Site that you visit and your activities there, including remembering you and your preferences;
• your device location;
• your device characteristics; and
• certain other device data, including the time of day, among other information.

We may use various methods and technologies to collect and store Usage Information, referred to as "Tracking Technologies." Tracking Technologies may set, change, alter, or modify settings or configurations on your device. Tracking Technologies may include cookies and local storage, web beacons, embedded scripts, browser fingerprinting, ETag tracking, recognition technologies, data collection from mobile devices, and session replay technology.

We may use Tracking Technologies for a variety of purposes, including strictly necessary functions, performance-related analysis, functionality-related enhancements, and targeting-related content and advertising. There may also be other Tracking Technologies now and later devised and used by us in connection with the Site. Further, third parties may use Tracking Technologies in connection with our Site, which may include the collection of information about your online activities over time and across third-party websites or online services.

(c) Information Third Parties Provide About You

We may receive information about you from your friends and others that use the Site, such as when they submit your information to us about you. Additionally, we may, from time to time, supplement the information we collect directly from you on our Site with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities that may be of interest to you.

(d) Interactions with Third-Party Services; Social Networking Features

Functionality on the Site may permit interactions between the Site and a third-party service such as Facebook, Twitter, YouTube, TikTok, or Instagram, referred to as "Social Networking Features." Examples include enabling you to like or share content from the Site, to automatically or selectively show your social media posts on the Site, and to otherwise connect the Site to a third-party service.

If you choose to share content or to otherwise post information through the Site to a third-party service, or vice versa, that information may be publicly displayed. Both we and the third party may also have access to certain information about you and your use of the Site and the third-party service. The data we collect in connection with Social Networking Features is subject to this Privacy Policy. The data collected and stored by the third party remains subject to the third party's privacy practices.

(e) Information You Provide About a Third Party

You may send someone else a communication from the Site, such as sending an invitation to a friend. If so, the information you provide, including names, email addresses, mobile numbers, and similar information, is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. If you disclose any Personal Information relating to other people, you represent that you have the authority to do so and to permit us to use the Personal Information in accordance with this Privacy Policy.

(f) Do Not Track Disclosures

Do Not Track signals offered by some web browsers are settings that request that a web application disable its tracking of an individual user. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, we may not alter our practices when our systems receive a Do Not Track signal from a visitor's browser, except as specifically required by law. You can learn more about Do Not Track at www.allaboutdnt.com.

2. How Do We Use the Information Collected?

We may use your Personal Information and non-Personal Information for various purposes, including:

• to provide you with information such as electronic newsletters, special offers, or promotional materials on behalf of us or third parties;
• to provide the Site to you and enable you to participate in the Site's features, surveys, sweepstakes, contests, or other promotions;
• to improve the Site, marketing efforts, or our Site offerings;
• to customize your experience on the Site or serve you specific content or ads that we believe are relevant to you;
• to provide customer support;
• to contact you regarding your use of the Site and changes to the Site and/or Site policies;
• for internal business purposes, including to prevent fraud, illegal activity, or imminent bodily harm, and to protect rights or interests; and
• for purposes disclosed at the time you provide your information or with your prior consent, or as otherwise set forth in this Privacy Policy.

3. How and When Do We Disclose Information to Third Parties?

We may share non-Personal Information, such as aggregated user statistics, with third parties at our discretion and as permitted by law, including for advertising, research, and marketing purposes. We may also share your Device Identifiers with third parties along with data related to you and your activities. In addition, we may share your Personal Information with third parties with whom we have marketing or other relationships for the third parties' direct marketing purposes.

(a) When You Request Information from or Provide Information to Third Parties

You may be presented with an option on our Site to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties.

(b) Third Parties Providing Services on Our Behalf

We may use third-party vendors to perform certain services on behalf of us or the Site, such as assisting in Site operations, managing customer information, hosting the Site, designing Site features, tracking analytics, enabling us to send offers, and other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including Personal Information, to carry out the services they are performing for you or for us.

(c) Administrative and Legal Reasons

We may access, use, preserve, transfer, and disclose your information, including Personal Information, to third parties to satisfy applicable law, regulation, subpoenas, governmental requests, or legal process; to protect and defend the Site's Terms of Use or other policies; to protect the safety, rights, property, or security of the Site or any third party; and to detect, prevent, or otherwise address fraud, security, or technical issues.

(d) Affiliates and Business Transfer

We may share your information, including Personal Information, with our parent, subsidiaries, and affiliates. We also reserve the right to disclose and transfer all such information to a subsequent owner, co-owner, or operator of the Site or applicable database, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets, or other corporate change, including during the course of any due diligence process.

(e) Sweepstakes, Contests, and Promotions

We may offer sweepstakes, contests, and other promotions through the Site that may require registration. By participating in a promotion, you are agreeing to official rules that govern that promotion, which may contain specific requirements of you, including allowing the sponsor of the promotion to use your name, voice, and/or likeness in advertising or marketing associated with the promotion.

4. Ads and Information About You

Data about your activities online is collected on our Site for use in providing advertising tailored to your individual interests. We may use third parties such as network advertisers and ad exchanges to serve advertisements across the internet and may use third-party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third-party websites and the viewing of ads and our content. Third parties may offer you a choice as to whether or not to have your information collected for that purpose.

We and third-party vendors, including Google, may use Google Analytics and Google Ad Manager, which use cookies and similar technologies to collect and analyze information about the use of the Site, inform, optimize, and display ads, and report how ad impressions and interactions relate to visits to our Site. You can learn more about how Google uses cookies in advertising at policies.google.com/technologies/ads.

You may also visit www.networkadvertising.org/choices for information regarding Network Advertising Initiative member opt-outs, or www.aboutads.info/choices for Digital Advertising Alliance tools. We are not responsible for the effectiveness of or compliance with any third parties' opt-out options.

5. Do Third-Party Content, Links to Third-Party Sites, and/or Third-Party Apps Appear on the Site?

The Site may contain content, links, or apps that are supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Site are served to you for their own commercial purposes. In addition, when you are on the Site you may be directed to other sites and apps that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites or apps.

These third parties may have their own terms of service, privacy policies, or other policies and ask you to agree to them. We encourage you to note when you leave our Site and to review the third-party privacy policies of all third-party sites and exercise caution in connection with them.

6. How Do I Change My Information and Communications Preferences?

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Site may allow you to review, delete, correct, or update Personal Information you have provided through the Site's forms, and you may provide updates and changes or request deletion by contacting us via email at privacy@phenompromotions.com. Subject to verifying your identity, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable, but we may retain prior information as business records.

You may cancel or modify our email marketing communications by following the instructions contained within our promotional emails or, in some cases, by logging into your Site account and changing your communication preferences. This will not affect subsequent subscriptions, and if your opt-out is limited to certain types of emails the opt-out will be so limited. We reserve the right to send you certain communications relating to your account or use of our Site, such as administrative and Site announcements, which may be unaffected by your marketing opt-out choices.

7. What About Transfer of Information to the United States?

Our Site is operated in the United States and intended for users located in the United States. If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored, and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to U.S. law.

8. What Should Parents Know About Children?

The Site is a general audience website and we do not knowingly collect any Personal Information from children younger than the age of thirteen as required by U.S. law. We will delete any Personal Information collected that we later determine to be from a user younger than the age of thirteen. If you are a parent or guardian of a child under the age of thirteen and believe he or she has disclosed Personal Information to us, please contact us via email at privacy@phenompromotions.com.

9. What About Security?

We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the internet, mobile networks, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Site and provide us with your information at your own risk.

10. What About Changes to the Privacy Policy?

We reserve the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Site indicates your consent to the Privacy Policy posted at the time of use. However, we will not use your previously collected Personal Information in a manner materially different than indicated at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

11. What Are My Rights if I Am a Resident of California?

California Privacy Notice

We are providing this California Privacy Notice pursuant to the California Consumer Privacy Act and the California Privacy Rights Act. This California Privacy Notice supplements our Privacy Policy and provides additional information on how Phenom Promotions and its affiliates may collect, use, share, and retain Personal Information for California residents on our Site. In the event of a conflict between this Notice and any other policy, statement, or notice, this Notice will prevail for residents of California.

If you are a California resident, "Personal Information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. Personal Information does not include information that is publicly available, de-identified, or aggregated.

(a) Categories of Personal Information that We Collect and Sell or Share

1. Name, contact info, and other identifiers. Examples include a real name, alias, address, unique personal identifier, online identifier, internet protocol address, email address, and account name. Disclosed for business purposes: Yes. Sold or shared: Yes, for online identifiers and IP addresses shared only for advertising technology programs.
2. Customer records. Examples include paper and electronic customer records containing Personal Information such as name, signature, telephone number, live chat records, bank account number, credit card number, debit card number, or other financial or payment information processed exclusively through a third-party payment processor, and household information in the context of surveys. Disclosed for business purposes: Yes. Sold or shared: No.
3. Purchase history and tendencies. Commercial information including records of products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies. Disclosed for business purposes: Yes. Sold or shared: No.
4. Usage data. Internet or other electronic network activity information, including browsing history, clickstream data, search history, and information regarding a resident's interaction with a website, application, or advertisement. Disclosed for business purposes: Yes. Sold or shared: Yes, shared only for advertising technology programs.
5. Geolocation data. Approximate location derived from IP address or device ID in the context of serving locally relevant content, promotions, and advertising. Disclosed for business purposes: Yes. Sold or shared: Yes, shared only for advertising technology programs.
6. Audio, video, and other electronic data. Audio, electronic, visual, thermal, olfactory, or similar information such as photographs, video submissions, and call recordings. Disclosed for business purposes: Yes. Sold or shared: No.
7. Profiles and inferences. Inferences drawn from Personal Information to create a profile reflecting preferences, characteristics, predispositions, behavior, or attitudes. Disclosed for business purposes: Yes. Sold or shared: Yes, shared only for advertising technology programs.

We do not sell your Personal Information for money. However, as described above, sometimes we share your data with sponsors, vendors, and third-party advertising networks to provide you with certain services and/or to more effectively provide you with personalized services, including advertising, and such sharing can be deemed a sale under the CCPA/CPRA.

We do not knowingly collect Personal Information of persons under the age of 13. Please also note that if you are an employee or other representative of a business that we have contracted to do business with, either as a customer or vendor, our processing of information in the performance of that contract is controlled by the provisions of that contract as they pertain to processing of information and supplemented by this Privacy Policy and Notice as applicable.

(b) How Long We Keep Consumer Personal Information

The retention periods for each category of Personal Information vary depending on the type of business record in which it is maintained. The retention period for our business records is set based on the length of time Phenom Promotions needs the record for its original purpose, other operational purposes such as audits and reporting, and legal compliance, including maintenance of opt-out or opt-in lists, legal defense, and legal holds.

(c) Your California Privacy Rights

If you are a resident of California, you have the right to submit certain requests relating to your Personal Information. To exercise any of these rights, please contact us at privacy@phenompromotions.com or call us toll-free at (702) 732-2717. When you submit a privacy rights request, we will require that you verify your identity before we can process your request.

• Right to know and access. You may request information about the categories and specific pieces of Personal Information we have collected about you.
• Right to delete. You may request that we delete Personal Information we collected from you, subject to certain exceptions.
• Right to correct. If you believe that Personal Information we maintain about you is inaccurate, you may request correction.
• Right to opt out of sale and sharing. You may opt out of the sale or sharing of your Personal Information by emailing us at privacy@phenompromotions.com.
• Right to limit use of sensitive Personal Information. We do not use or disclose Sensitive Personal Information for purposes to which this right applies under the CCPA or CPRA.
• Right to non-discrimination. If you exercise any of the privacy rights described above, we will not discriminate against you in a manner prohibited by applicable law.

You may designate an authorized agent to make a request on your behalf; however, we may require proof that you gave the agent permission to submit the request, and you may still need to verify your identity directly with us before we can process your request. Regardless of the method used to submit a request, we must deny your request if we are unable to verify your identity.

For more information on valid Global Privacy Controls, please see oag.ca.gov/privacy/ccpa or globalprivacycontrol.org.

(d) Other California Rights

California Civil Code section 1798.83 permits California residents who have supplied Personal Information to us, under certain circumstances, to request and obtain certain information regarding our disclosure, if any, of Personal Information to third parties for their direct marketing purposes. To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident, and provide a current California address for our response.

To make such a request, limited to one request per year, please send an email to privacy@phenompromotions.com with "California Privacy Rights" as the subject line or mail a letter to: Phenom Promotions, Inc., 748 Pilot Road, Las Vegas, Nevada 89119, Attn: Legal Department. You must include your full name, email address, and postal address in your request.

(e) How to Contact Us

If you have any questions, comments, or concerns regarding this Notice and/or practices, please contact us at privacy@phenompromotions.com.

(f) Accessibility

To access this California Privacy Notice by an alternative method, please email us at privacy@phenompromotions.com and request a copy.