Privacy Policy

PRIVACY POLICY

Last Updated: September 19, 2023

Purpose of this Privacy Policy.

LQ Digital is committed to respecting and protecting your privacy rights, and we created this Privacy Policy to give you (the user) notice of how your Personally Identifiable Information will (and will not) be collected, used and shared by us in connection with our website (together with its subdomains, content and services) and mobile apps ("Platforms"). For purposes of this Privacy Policy, "Personally Identifiable Information" (sometimes referred to as "your information" or "information about you"), in general, is data that identifies you or makes you identifiable. It may also include information or data that can be used to identify, locate, track or contact you. Examples of Personally Identifiable Information include but are not limited to information such as your name, email address, telephone number, postal address, IP address, and geo-location information. Information that is de-identified, aggregated or anonymized is non-Personally Identifiable Information and is not subject to this Privacy Policy. In simplified form (greater detail is below), our Privacy Policy can be summarized as follows:

1. We may collect some Personally Identifiable Information from and about you, but you control how much you share about yourself.
2. We do not collect Personally Identifiable Information from children under 16 years of age.
3. We take your information seriously.
4. We will not without your consent sell or rent your information but may share with our vendors, suppliers and contributors in connection with the services you are seeking.
5. If we use a third party to assist us, they will be bound to protect your information.
6. We may aggregate Personally Identifiable Information.
7. In certain legal situations, we may be compelled to disclose your information, but we will let you know if that occurs.
8. If you are outside the United States, you understand and agree that we may transfer and store your information in the United States.

This Privacy Policy applies to the sites where it appears, and describes how we treat Personally Identifiable Information on our Platforms. By interacting with us, you consent to these practices.

This Privacy Policy applies to how we collect and use your Personally Identifiable Information:

We collect Personally Identifiable Information from and about you. We may collect contact and other Personally Identifiable Information on our Platforms. We may collect your name, phone number and email address if you register with us. We may collect information about your device and Internet usage. If you use the Platforms, we might collect information from your phone. We may also collect information about the parts of our Platforms you use or third-party apps or websites you visit when you leave our Platforms. We may work with third parties who collect information about you when you use our Platforms. We may collect other Personally Identifiable Information. For example, we may collect your location using GPS, a cellular network location, Wi-Fi networks, browser services, or information you provide. We might look at how often you use the Platforms.

We collect Personally Identifiable Information in different ways. We may collect this information directly from you. For example, we collect Personally Identifiable Information if you register on the Platforms. We may collect Personally Identifiable Information from you passively. For example, we may collect information from your phone, like your UDID. Our vendors might also use scripts or other tools to track your activities on our Platforms. They may do this to make sure our Platforms function properly. We may get information about you from third parties. For example, our affiliates or partners may give us information about you. If our Platforms have social media integration, social media platforms may also give us information about you.

We combine Personally Identifiable Information:

For example, we may combine information about you that we have collected offline with information about you we collect online. Or we may combine information about you we collect online with information about you we collected separately. We may also combine information we collect from you with information about you we receive from third parties. We use your information as disclosed and described below.

We use Personally Identifiable Information to administer the Platforms:

We use your information to respond to your requests or questions. For example, we might use your information to respond to your customer feedback, and to communicate with you about your account or our relationship. We may contact you about your account or feedback. We might also contact you about this Privacy Policy or our Terms of Use.

We use Personally Identifiable Information to improve our products and services:

We may use your information to make our Platforms and products better. We might use your information to customize your experience with us.

We use Personally Identifiable Information for security purposes:

We may use your information to protect our company, our customers, and our Platforms.

We use Personally Identifiable Information for marketing purposes:

For example, we might provide you with information about new products and special offers from us. We might also use your information to serve you ads about products and offers. We might tell you about new features or updates. These might be third party offers or products we think you might find interesting. To manage this, read the choices section below.

We use Personally Identifiable Information as otherwise permitted by law:

We may share your information with third parties. We will share your information with our vendors. These are third parties who perform services on our behalf. For example, we may share your information with vendors who send emails for us. We will not rent or sell your mobile telephone number to other companies or individuals unless we have your consent. We may use or disclose your information in any of the following limited circumstances:

1. We have your consent.
2. We need to enforce our Terms of Use.
3. We provide your information to a company controlled by, or under common control with, LQ Digital for any purpose permitted by this Privacy Policy.
4. We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
5. We believe it is necessary to share your information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, or as otherwise required by law.
6. We transfer Personally Identifiable Information about you if LQ Digital is, or its assets are, acquired by or merged with another company.

We will share Personally Identifiable Information if we think we have to in order to comply with the law or to protect ourselves or for business purposes:

For example, we will share your information to respond to a court order or subpoena. We may share your information if a government agency or investigatory body requests, and when we are investigating potential fraud. We may share your information with any successor to all or part of our business. For example, if part of our business was sold, we may share your information as part of that transaction. We may share your information for other reasons we may describe to you, including with those with whom you have authorized us to do so.

You have certain choices about sharing and marketing practices:

You can opt out of receiving our marketing emails. To stop receiving our promotional emails, follow the instructions and click on the "unsubscribe" link in any promotional message you get from us. Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions.

You can control cookies and tracking tools:

We and third-party providers acting on our behalf, such as Facebook, may use a variety of online tools and tracking devices, such as cookies, web beacons and other storage technologies, to collect or receive information and track activity when you visit or use our Platforms and elsewhere on the internet. We may use this information to provide measurement services and to serve you targeted ads. You may opt-out of the collection and use of information for ad targeting. To understand your options and how to exercise them, you can go to: http://www.aboutads.info/choices and http://www.youronlinechoices.eu/.

Your browser may give you the ability to control cookies or other tracking tools. How you do so depends on the type of tool. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on certain websites from time to time, you can go to https://optout.aboutads.info/. Why? Because flash cookies cannot be controlled through your browser settings. By using our Platforms, you are consenting to the use of cookies as described in this cookie policy.

Our Do Not Track Policy:

Some browsers have Do Not Track features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our Platforms may not work. If you block or reject cookies, not all of the tracking described here will stop.

Our Platforms are meant for adults:

Our Platforms are not intended for children. We do not knowingly collect or sell Personal Information from children under 13 years of age without permission from a parent or guardian. If you are a parent or legal guardian and think your child under age 13 has given us information, you can email us at privacy@lqdigital.com. You can also write to us at the address listed at the end of this Privacy Policy. Please mark your inquiries COPPA Information Request. Parents, you can learn more about how to protect children's privacy online at https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.

We store information in the United States:

Information we maintain may be stored both within and outside of the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country.

We use standard security measures:

The Internet is not 100% secure. While we take reasonable precautions to protect your information, we cannot promise that your use of our Platforms will be completely safe. We encourage you to use caution when using the Internet. This includes not sharing your passwords. To learn more about how to protect yourself online, visit www.ftc.gov. We keep Personally Identifiable Information as long as it is necessary or relevant for the practices described in this Privacy Policy. We also keep your information as otherwise required by law.

We may link to other sites or have third party services on our Platforms we do not control:

Our Platforms may have links to websites we do not control. Our Platforms may also have plugins or host other third-party services that we do not control. This Privacy Policy does not apply to the privacy practices of those websites or third parties. When you interact with those websites or third parties, they may collect information from you. Read the privacy policy of other websites carefully. We are not responsible for these third party practices.

Feel free to contact us if you have more questions:

If you have any questions or concerns about this Privacy Policy, please email us at privacy@lqdigital.com

You can also write to us or call us at:

LQ Digital

8605 Santa Monica Blvd. Ste 69913

West Hollywood, CA 90069-4109

(859) 762-2609

If you want to correct or update your information, please email us at privacy@lqdigital.com

We may update this Privacy Policy:

This Privacy Policy may be updated from time to time, but the changes will not apply retroactively. We will notify you of any material changes to our Privacy Policy as required by law. We will also post an updated copy on our Platforms. Your continued use of our Platforms indicates your consent to the Privacy Policy then posted. Please check our Platforms periodically for updates.

PRIVACY POLICY FOR CALIFORNIA RESIDENTS ONLY:

This Privacy Policy is solely for California residents and supplements the information contained in our general Privacy Policy posted above. California residents have certain additional rights set out below with respect to their "Personal Information" as defined under the California Consumer Privacy Act of 2018 (CCPA), the California Online Privacy Protection Act (CalOPPA) and the "Shine the Light" law.

If you are a California resident and use our Platforms, the CCPA gives you (referred to interchangeably as "consumer," "customer," or "you"), the right to receive certain disclosures from us regarding our collection, use, disclosure and sale of Personal Information about you, as well as your rights to access, delete, and opt-out of the sale (if any) of certain Personal Information we collect about you. In addition, you will not receive discriminatory treatment from us for exercising these rights. Your rights and choices, and how to exercise them, are described below. Please note that defined terms as used in this Privacy Policy for California residents shall have the same meaning as defined terms in the CCPA.

Collection and Use of Personal Information:

This section of this Privacy Policy describes the categories of Personal Information we have collected about consumers in the past 12 months, how we collect it, and how we use it. Personal Information in general is data that identifies you or makes you identifiable. It may also include information or data that can be used to identify, locate, track or contact you.

Categories of Personal Information Collected:

The categories of Personal Information we collect, use, and disclose about a California resident will depend on our specific relationship or interaction with you.

Information You Provide:

Whether accessing the Platforms from your home computer, mobile phone, or other device, we and/or our service providers collect information you directly provide. The categories of information we collect, which includes the kinds of information we have collected in the last 12 months, include the following:

• "Identifiers": such as name, alias, unique personal identifier (including a device identifier, cookies, pixel tags, mobile ad identifiers), online identifier, Internet Protocol address, email address, telephone number, or other similar identifiers.
• "CCRA Personal Information" as defined in the California Customer Records Act (Cal. Civ. Code § 1798.80(e)), including information that identifies, relates to, describes, or is capable of being associated with, a particular individual
• "Protected Classification Characteristics" under California or Federal Law, such as information involving age, race, marital status, ancestry, etc.
• "Commercial Information": such as records of purchasing or consuming histories or tendencies.
• "Inferences" drawn from any data collected to create a profile of a consumer, her/his preferences, characteristics, behaviors, etc.

Information Collected Automatically:

In addition, we automatically collect information about your device and how your device interacts with the Platform. We may use Service Providers to collect this information. The categories of information we automatically collect, including what we collected in the last 12 months, include the following:

• "Service Use Data": We may collect data about the features you use, the pages you visit, the e-mails and advertisements you view, the products and services you view and purchase, the time of day you browse, your referring and exiting pages, and other similar information.
• "Device Connectivity and Configuring Data": We may collect data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and other similar information: This data also includes IP address, MAC address, device advertising ID (e.g., IDFA or AAID), and other device identifiers.
• "Location Data": We collect data about your device’s location, which can be precise (e.g., latitude/longitude data) or imprecise (e.g., location derived from an IP address or data that indicates a city or postal code level).

NOTE: Information once "de-identified" or anonymized is not subject to this Privacy Policy, and we may treat it as non-personal information and use it without obligation to you except as prohibited by applicable law.

Categories of Sources of Personal Information:

In the past 12 months, we have collected Personal Information relating to California residents from the following sources:

• Directly from our customers. For example, from information our customers provide to us when registering on or using our Platforms or engaging our services.
• Indirectly from our customers. For example, from information we collect from our customers in the course of providing services to them.
• Directly and indirectly from activity on our Platforms. For example, from information customers provide to us through using our Platforms or from information collected automatically when using our Platforms.

Business or Commercial Purpose for Collecting or Selling Personal Information:

We may use or disclose Personal Information relating to California residents for one or more of the following legitimate business or commercial purposes, which in the past 12 months have included:

• To administer, maintain and improve our Platform, products and services.
• To fulfill or satisfy the reason for which the Personal Information is provided.
• To respond to your requests, questions or feedback.
• To communicate with you about your account or our relationship.
• To communicate with you about this Privacy Policy or our Terms of Use.
• To customize your experience with us.
• For security purposes, including protecting the rights, property or safety of our company, our customers, and our Platforms.
• For advertising and marketing purposes.
• As otherwise disclosed to customers at or before the point of collecting Personal Information.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To evaluate or conduct 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 is among the assets transferred.
• As otherwise permitted under the CCPA and by law.

Categories of Third Parties to Whom We Disclosed for A Business Purpose or Sold Personal Information:

We have disclosed or sold Personal Information to the following categories of entities, including in the past 12 months:

• Our vendors, suppliers and contributors.
• Service providers.
• Third parties with whom you or your agents authorize or direct us to share your Personal Information.
• Our business partners and affiliates.
• Government agencies or investigatory bodies when responding to a court order or subpoena, or investigating potential fraud.

NOTE: Our Platforms are not intended for children. We do not knowingly collect or sell Personal Information of minors (under 16 years of age) without appropriate authorization as required by law.

Categories of Personal Information Disclosed to Third Parties for a Business or Commercial Purpose:

We have disclosed or may disclose the following categories of Personal Information to third parties for a business or commercial purpose, including in the past 12 months:

• Identifiers
• CCRA Personal Information
• Commercial information
• Service Use Data
• Location data

Categories of Personal Information Sold to Third Parties for a Business or Commercial Purpose:

We have sold and may sell the following categories of Personal Information to third parties for a business or commercial purpose, including in the past 12 months:

• Identifiers
• CCRA Personal Information
• Commercial information
• Service Use Data
• Device Connectivity and Configuring Data
• Location data

Privacy Rights and Choices for California Residents

Right to Know and Right to Request Deletion of Personal Information:

If you are a California resident, you have the right to request the following from us with respect to Personal Information we have collected from or about you in the past 12 months:

• The categories of Personal Information we have collected about you;
• The categories of sources from which the Personal Information was collected;
• The categories of Personal Information about you we disclosed for a business purpose or sold;
• The categories of third parties to whom the Personal Information was disclosed for a business purpose or sold;
• The business or commercial purpose for collecting, disclosing or selling the Personal Information;
• The specific pieces of Personal Information we have collected about you.

We are not required to provide the above Personal Information to you more than twice in a 12-month period.

In addition, you have the right to ask us to delete the Personal Information we have collected about you, subject to certain exceptions as permitted by law. Once we receive and confirm your Verifiable Consumer Request (defined below), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

How to Make Requests:

If you are a California resident and would like to exercise the rights described above, please submit your request by:

• Accessing our online form here
• Calling us at (859) 762-2609; or
• Emailing us at privacy@lqdigital.com

If you use any other method to submit a request, you may be directed to the process above to correct your request.

For your security and to ensure unauthorized third parties do not access or ask us to delete your Personal Information, as required by law, we must be able to verify your identity and may require specific information from you to help us do so before we can act on your request (a Verifiable Consumer Request).

If you are a current customer or still have access to your LQ Digital account, you will be required to authenticate your identity through your account.

Prior to deletion of your Personal Information, we will require that you follow a two-step process in which you clearly submit a verified request to delete Personal Information and then secondly confirm that you wish to have the Personal Information deleted. Failure to complete both steps will prevent your Personal information from being deleted.

If you do not have an account with us, you are not required to create one and any Personal Information you provide will only be used to verify your identity and authority to make the request. You will be required to provide certain information to start the verification process, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, e-mail address, and physical address. For more sensitive information, such as a request to know specific pieces of Personal Information, you will be also required to submit a signed declaration under penalty of perjury verifying you are the consumer whose Personal Information is the subject of the request.

If you have submitted a request to delete and if we cannot verify your identity, we will deny your request to delete but will instead treat the request as a request to opt out of the sale of your Personal Information.

The CCPA allows you to authorize an agent to submit certain requests on your behalf if you have provided that agent with signed, written permission to make such requests or a power of attorney, or if designating a business entity as your agent, it is registered with the Secretary of State. You are required to verify your identity with the agent. We may ask your agent to submit proof that they have been authorized to act on your behalf and may deny any request from an agent that does not submit proof.

In some instances, we may decline to honor your request. For example, we may decline to honor your request if we cannot verify your identity or confirm that the Personal Information we maintain relates to you, or if we cannot verify that you have the authority to make a request on behalf of another individual. In other instances, we may decline to honor your request for information where an exception applies, such as where the disclosure of Personal Information would adversely affect the privacy of others or interfere with legal requirements. We may decline to honor your deletion request if your Personal Information is needed to provide you with service, complete a transaction or fulfill a legal obligation, where the Personal Information that we maintain about you is not subject to the CCPA or for any other reason authorized by law.

We do not charge a fee to process or respond to your Verifiable Consumer Request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Right to Opt-Out of Sale of Personal Information:

Under the CCPA, you have the right to opt-out of the sale of your Personal Information by us to third parties at any time. You may submit a request to opt-out by:

• Accessing our online form here
• Calling us at (859) 762-2609
• Emailing us at privacy@lqdigital.com with the words "Do Not Sell My Information" in the subject line.

Right to Non-Discrimination:

You have the right not to receive discriminatory treatment by us for exercising any of your rights under the CCPA.

Additional California Privacy Rights

Shine the Light

If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us an email ator write to us at the address listed below. Indicate in your letter that you are a California resident making a Shine the Light inquiry.

Our Platforms are meant for adults

Our Platforms are not intended for children. We do not knowingly collect or sell Personal Information from children under 16 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 16 has given us information, you can email us at privacy@lqdigital.com. You can also write to us at the address listed at the end of this Privacy Policy. Please mark your inquiries COPPA Information Request. Parents, you can learn more about how to protect children's privacy online at https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.

Feel Free to Contact Us if You Have More Questions

If you have any questions or concerns about this Privacy Policy, please email us at privacy@lqdigital.com

If you want to correct or update your information, please email us at privacy@lqdigital.com

Updates to This Policy

We may update or change this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we will post those changes through a prominent notice on our Platforms or notify you directly. Any changes will be effective immediately upon posting, but will not apply retroactively. Your continued use of our Platform indicates your consent to the Privacy Policy then posted. We encourage you to check our website periodically for updates.