Privacy Policy

Last Updated: July 24, 2023

Influxer Holdings, LLC (“we” or “us” or “our” or “Influxer”) respects the privacy of our users (“user” or “users”), and of purchasers and prospective purchasers of merchandise directly from the Services (as later defined), or individuals who access, browse, and otherwise interact with the content, features, and services provided on influxermerch.com (“customer” or “customers”), (users and customers are collectively referred to herein as “you” or “your”). This Privacy Policy governs and explains how and when we collect, use, disclose, and safeguard your information and data when you visit our website (https://www.influxer.com), any owned subdomains of influxer.com, including but not limited to influxermerch.com, and our desktop and mobile applications (including any other media form, media channel, Messaging Service (as later defined), mobile website, or mobile application related or connected thereto) (collectively, the “Services”). Unless otherwise set forth herein, this Privacy Policy does not apply to any third-party websites, services, or applications, even if such are available or accessible through the Services. You acknowledge that you will read this Privacy Policy in conjunction with our Terms of Service and that you will do so carefully.

BY ACCESSING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS CONTAINED IN THIS PRIVACY POLICY AND IN THE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY OR TERMS OF SERVICE, PLEASE DO NOT ACCESS THE SERVICES.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will provide notice to you by changing and updating the “Last Updated” date of this Privacy Policy located above. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Services, and you hereby irrevocably waive the right to receive specific notice of each such change or modification. If you are using the Services on behalf of another person or legal entity, you hereby represent and warrant that you have the authority to bind that person or entity to this Privacy Policy and Terms of Service, and in such event, “you” or “your” will refer and apply to that person or entity.

You are encouraged to regularly review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any updated Privacy Policy by your continued use of the Services after the date such revised Privacy Policy is posted.

COLLECTION OF INFORMATION

When users create an account, browse, subscribe, or utilize our Services, when customers sign up for our text message marketing program (“Messaging Service”) or make a purchase, or when you contact us through various social or web forms, you are voluntarily sharing personal information with us. Additionally, in order to fully perform our obligations to our users and customers, we may collect information about you in a variety of ways which we use in accordance with this Privacy Policy and our Terms of Service.

The information we may collect through your use of the Services includes:

Personal Data/Information

Personally identifiable information, including a user’s name, email address, and telephone number, and demographic information such as a student-athlete’s date of birth, gender, hometown, the university they

are or were enrolled at, collegiate sports they play, interests, similar information about a brand such as nature of their business, and other personal information that you voluntarily give to us when you register with or utilize the Services or when you contact us or choose to participate in various activities related to the Services, including, but not limited to, online chat and message boards, and service quotes. We also collect customer’s personal information such as their name, phone number, and email address. You are under no obligation to provide us with personal information of any kind, however, your refusal to do so may prevent you from accessing or using the Services.

Derivative Data

Information our servers automatically collect when you access the Services, including your IP address, Session ID, your browser type, your operating system, your access times, number of visits, the pages you have viewed directly before and after accessing the Services, and other diagnostic data. If you are using our mobile or desktop applications, this information may also include, but is not limited to, your device name and type, your operating system, your phone number, your country, your likes and replies to a post, and other interactions within the applications and Services and other users via server log files, as well as any other information you choose to provide. Additionally, when a customer uses the Messaging Service to send or receive messages, we collect communications metadata (e.g., the time/date a message was sent or received) and the contents of any communications you send or receive via the Messaging Service.

Financial Data

Financial information, including, but not limited to, data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you engage or connect with another user or when a customer makes a purchase.

Data From Social Networks

User information from social networking sites such as, Facebook, Instagram, Twitter, and Google, including, but not limited to, your name, your social network username and handle, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your Services account to such social networks. If you are using our mobile and desktop applications, this information may also include the contact information of anyone you invite to use and/or join our mobile and desktop applications.

Other Third-Party Sites

The Services may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have accessed these links to leave the Services, any information you provide to these third parties is not and will not be covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We do not control, and are not responsible for, the content or privacy and security practices and policies of any third parties, including other sites, services, or applications that may be linked to or from the Services.

Data From Contests, Giveaways, and Surveys

If you participate in a contest, sweepstakes, research study, or email survey, we will collect basic contact information and any other information you choose to provide in connection with these activities.

Mobile Application Information

If you connect using our mobile applications:

• Mobile Device Access. We may request access or permission to certain features from your mobile device, including, but not limited to, your mobile device’s storage, camera, microphone, and other

features. If you wish to change our access or permissions, you may do so in your device’s settings, but your subsequent use of the Services might be limited.
• Mobile Device Data. We may collect device information, such as your mobile device ID, model, location, manufacturer, operating system, version information, and IP address.
• Messages from Influxer. We may request to send you push notifications regarding your account or our Services. You understand and agree that we may also send you emails and messages, including, but not limited to, those related to your account, security, or changes to the Services. If you wish to opt out from receiving these types of communications, you may turn them off in your device’s settings or by unsubscribing to them through the opt-out link provided in the communications.

USE OF YOUR INFORMATION

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. We may use information collected about you via the Services to:

• Create and manage your account;
• Compile anonymous statistical data and analysis for use internally or with third parties;
• Comply with court and/or governmental orders;
• Conduct routine business operations in furtherance of your interests such as billing, identification, authentication, contact purposes, and general research; o As part of routine business operations, personal information may be transferred to certain third parties with whom we contract for the limited purpose of providing services such as web hosting, email, and credit card processing.
• Deliver, analyze, maintain and support the Messaging Service;
• Email, text, or otherwise message you regarding your account or connection;
• Provide and enhance the Services;
• Fulfill and manage connections, transactions, payments, deliverables, and other transactions related to the Services;
• Generate aggregated and/or de-identified information and share with third parties such as advertisers, promotional partners, and sponsors;
• Generate a personal profile to make your future visits to the Services more personalized;
• Include Service add-ons and/or changes that enhance your experience and provide you with ongoing benefits of all Services;
• Increase the efficiency and operation of the Services;
• Monitor and analyze usage and trends to improve your experience with the Services;
• Notify you of updates to the Services;
• Offer new products, services, mobile applications, and/or recommendations to you;
• Perform other business activities as needed;
• Prevent fraudulent transactions, monitor against theft, and protect against criminal activity;
• Process payments, refunds, transactions, engagements, and connections;
• Request feedback and contact you about your use of the Services;
• Resolve disputes and troubleshoot problems;
• Respond to product and customer service/support requests;
• Solicit support for the Services; or
• Potentially share the personal and other information you share with us with other users to facilitate connection.

Additionally, we may use your personal information to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt out of receiving

any, or all, of these communications from us by following the unsubscribe link, the instructions provided in any email we send, or the instructions provided in our Terms of Service.

Most messages from Influxer are service-related and necessary for users. Some messages may be sent via an automatic telephone dialing system. Consent to receive automated marketing text messages, however, is not a condition of any purchase. You also understand and agree that we can send you emails, messages, or text messages, such as those related to name, image, and likeness initiatives and agreements, transactions, connections, engagements, the Services, your account, security, promotions, products, or product changes. Examples of service-related messages include but are not limited to an email address confirmation/welcome email when you register your account, reminders and updates, notification of an offer or connection, additional service availability, modification of key features or functions, and correspondence with our support team (including by chat interface or the other methods of communication as described above).

Except as otherwise set forth in this Privacy Policy, we will only utilize your information for internal purposes for which we have a legitimate interest only to the extent those interests do not outweigh your privacy rights. We are fully committed to respecting the rights and wishes of users as they pertain to any information collected, including by complying with relevant data privacy laws and regulations as detailed below. We constantly weigh business needs and the legitimate privacy interests of users. If you have any questions or concerns about the use of your information, you may contact us at support@influxer.com.

If you are a registered user of any of the Services, you may review, update, correct, or delete your personal information by editing or deleting your profile or by emailing support@influxer.com.

DISCLOSURE OF YOUR INFORMATION

We may share information we have collected about you in certain situations with outside parties. Except with your consent or as otherwise set forth in this Privacy Policy, we do not sell, trade, or otherwise transfer your personal information to outside parties. However, anonymized and aggregated visitor information may be provided to other parties for commercial, marketing, advertising, or other uses. Your information may be disclosed as follows:

By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to comply with legal, regulatory, or administrative requirements of any governmental authorities, to investigate or remedy potential violations of our policies or contracts, to protect against fraud or other wrongdoing, to protect or defend Influxer, our subsidiaries, affiliates, agents, representatives, employees, or others in connection with any legal action, claim, or dispute, to enforce the Terms of Service, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. The aforementioned includes exchanging information with other entities for fraud protection and credit risk reduction.

Third-Party Service Providers

We may share your information with third parties that perform services for us or on our behalf, including maintenance, payment processing, data analysis/management, messaging and email delivery, hosting services, web analytics, customer service, and/or marketing assistance.

Interactions with Users

If you interact with users of the Services, those users may see information such as your name, profile photo, and descriptions of your activity, including, but not limited to, sending invitations to other users, chatting with other users, liking posts, following blogs, etc.

Social Media Contacts

If you connect to the Services through a social network, your contacts on the social network will see your name, profile picture, and descriptions of your activity.

Other Third Parties

We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.

Business Purposes

We may disclose certain categories of personal data for business purposes described herein, including without limitation, browsing data, registration information, and further information provided by you, and information collected through cookies and other technologies, including registered user data and data relating to payments.

Sale or Bankruptcy

If we reorganize or sell all or a portion of our assets, undergo a merger, are acquired by another entity, or endeavor to do any of the aforementioned, we may share or transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy and/or implement a privacy policy substantially different from this Privacy Policy.

TRACKING TECHNOLOGIES

Like most companies, we may use cookies, web beacons, tracking pixels, and other tracking technologies on the Services to help customize the Services and improve your experience. Additionally, cookies enable personalization of your experience via the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders). We also use cookies to measure activity on the Service and determine which features of our Service are the most popular or need improvement.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as tags and scripts to collect and track information and to improve and analyze our Service.

Most browsers are initially set to accept cookies, and most services that include similar devices are typically initially activated to collect data. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

• Session Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.

Website Analytics

We may also partner with selected third-party vendors, such as Google Analytics, to allow tracking technologies and remarketing services on the Services through the use of first-party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Services, determine the popularity of certain content, and better understand online activity. By accessing the Services, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor, Network Advertising Initiative Opt-Out Tool, or Digital Advertising Alliance Opt-Out Tool.

Mobile Analytics

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information, such as how often you use the Services, the events that occur within the Services, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personal information you submit within the mobile application.

You should be aware that getting a new mobile device or computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

STORAGE OF PERSONAL INFORMATION

We store the personal information collected only as long as it is necessary to comply with any contractual, legal, and/or ethical obligations. We also take reasonable steps to ensure that the information we process is accurate, complete, and current. We will delete your personal information upon reasonable request; however, it might prevent you from subsequently utilizing or accessing the Services.

All data collected as set forth in this Privacy Policy is stored and processed through third-party subprocessors, Amazon Web Services (AWS) and Google Cloud, which has its processing in the United States of America. You can learn more about AWS’ privacy and security processes here: https://aws.amazon.com/privacy/ and Google Cloud’s privacy processes here: https://cloud.google.com/terms/cloud-privacy-notice. The personal information we collect may be transferred to and stored in countries outside of the jurisdiction you are in, and where we and our third-party service providers have operations, including in the United States.

We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processors, Stripe, Venmo, and PayPal, and you are urged to review their privacy policies (https://stripe.com/us/privacy); (https://venmo.com/legal/us-privacy-policy/); (https://www.paypal.com/us/webapps/mpp/ua/privacy-full) and contact them directly for responses to your questions. Payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like MasterCard, Visa, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information by payment processors.

SECURITY OF YOUR INFORMATION

We use administrative, technical, and physical security measures to help protect your information. While we have taken reasonable steps to secure and protect the information you provide us to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and

misuse by unauthorized parties. Therefore, we cannot guarantee absolute security. You should proceed with caution whenever submitting information online and take special care in deciding what information you disclose.

Your account information and access to our Service is accessible through the use of an individual username and password. You should keep your password confidential and should not disclose it to any other person. Please note that we will never ask you to disclose your password in an unsolicited phone call or email. If you believe someone has gained unauthorized access to your account, please change your password and notify us as soon as possible. If you lose control of your account, you should notify us immediately.

By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending you an email at the email provided to us.

YOU HEREBY AGREE AND ACKNOWLEDGE THAT IN NO EVENT WILL INFLUXER OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER FORM OF DAMAGES ARISING OUT OF THE UNAUTHORIZED ACCESS TO THE INFORMATION COLLECTED BY INFLUXER CONTEMPLATED HEREIN.

POLICY FOR CHILDREN

The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. Any person who provides personal information through the Services represents to us that he or she is 13 years of age or older. Our Services are not directed to, and we do not intend to, or knowingly collect or solicit personal information from, or market to, children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below. If we become aware that we have collected personal information from children without verification of parental consent, we take steps to remove that information from our servers.

RIGHTS OF USERS

Account Information

You may at any time access, review, or change the information in your account or terminate your account by logging into user account settings and updating the user account. You may also do so by contacting us at the information posted at the end of this Privacy Policy. You may also request that we stop collecting information about you, or delete the information we have about you, at any time, or request that we cease using it in a particular way. Please note, however, that if you elect to opt out, we may not be able to provide you access to or use of the Services.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Service, and/or comply with legal requirements.

Additionally, there may be circumstances in which we are unable to provide access or deletion, including but not limited to: (i) where the information contains legal privilege, (ii) where access to the aforementioned would compromise others’ privacy or legitimate rights, (iii) where the burden or expense would be disproportionate to the risks to your privacy in the case in question, or (iv) where it is commercially proprietary. If we determine that access or deletion should be restricted in any particular instance, we will

provide you with an explanation of why that determination has been made and a contact point for any further inquiries.

Emails and Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt out by noting your preferences at the time you register your account with the Services, by logging into your account settings and updating your preferences, by following the unsubscribe link or the instructions provided in any email we send, or to opt-out of our Messaging Service, by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

In our email and commercial messages, we: (i) agree not to use false or misleading subjects or email addresses; (ii) will identify the message as an advertisement, if it indeed is one, in some reasonable way; (iii) will include the physical address of our business or site headquarters; (iv) include a clear and conspicuous explanation of how you can opt out of getting emails from us in the future (v) monitor third-party email marketing services for compliance, if one is used; (vi) honor opt-out/unsubscribe requests in a reasonable amount of time; and (vii) allow users to unsubscribe at the bottom of each email.

Do-Not-Track

Most web browsers and some mobile operating systems and our mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

CALIFORNIA RESIDENTS

The California Consumer Privacy Act (“CCPA”) gives consumers more control over the personal information that businesses collect about them. In addition to the rights listed herein, California residents have the specific right to seek what personal information we collect, use, sell, or share; to request access to the personal information we have collected and/or maintained; to opt out of the sale of your personal information; to request that we delete the personal information we have collected and/or maintained about you; and to not be discriminated against for exercising the aforementioned rights.

In addition, California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year.

If you are a California resident and would like to make such a request, please submit your request in an email to us using the contact information provided below. If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We may respond to such request asking for more information to verify your identity. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems.

For our customer’s convenience, we have set out what customer information we collect and disclose to third parties for business purposes below: Category of Personal Information Collected by Us	Categories of Third Parties Personal Information is Disclosed to for a Business Purpose
Identifiers	• Service providers
Personal information categories listed in Cal. Civ. Code § 1798.80(e)	• Service providers
Commercial information	• Service providers
Internet or other electronic network activity	• Service providers
Inferences drawn from other personal information to create a profile about a consumer	• Service providers

RESIDENTS OF EUROPEAN ECONOMIC AREA, SWITZERLAND, & UNITED KINGDOM

In addition to the rights set forth above, you are entitled to the full spectrum of the rights under the General Data Protection Regulation (“GDPR”) and all data privacy regulations that preceded it to the extent that they were not preempted by the GDPR. We will go out of our way to accommodate any valid request within a reasonable amount of time, and in all cases in the statutorily required amount of time.

As required by the GDPR, we require that all processors and subprocessors of the data we collect fully comply with the obligations of the GDPR and do not infringe on your privacy rights in any way. In particular, you have the following rights:

You have the right to be informed and see any personal information we have collected about you, as well as the purpose for that collection and processing of it and whether we plan on sharing such personal information with anyone. If you are not satisfied with our handling of your privacy concerns, please note that you have the right to complain to your local data protection supervisory authority. A list of the national data protection authorities can be found at: https://ec.europa.eu/newsroom/article29/items/612080.

You have the right to correct any inaccurate personal information in our possession. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed by providing a supplementary statement to us at the email below.

You have the right to have your personal information erased from our data without undue delay. Additionally, we will delete personal information without undue delay if: (i) the personal information is no longer necessary in relation to the purposes for which it was collected, (ii) you withdraw consent and there is no other legitimate basis for the processing; (iii) you object to the processing and there are no overriding legitimate grounds for the processing; (iv) the personal information has been unlawfully processed; or (v) the personal information must be erased for compliance with a legal obligation.

We will usually store the personal information we collect about you for no longer than necessary for the purposes of our legitimate business interests and satisfying any legal or reporting requirements, and in accordance with our legal obligations and legitimate business interests. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and the applicable legal requirements.

You have the right to request your personal information be ported over to another controller. However, because we don’t store much personal information, we likely will not have the technical means to port the information automatically. If this is the case, we will recommend simply deleting the personal information instead. If you want it transferred to another party, upon specific request we will email data fields directly to the new controller and let you know via email when it is complete.

You have the right to object to or restrict the collection or processing of personal information at any time if you believe data was collected or processed unlawfully. Our team will work with you directly to investigate the claim and take appropriate action. While the claims are under investigation, your data will be deleted from our stores.

CONTACT US

If you have questions or comments about this Privacy Policy or our Terms of Service, please contact us at: Influxer Holdings, LLC support@influxer.com