Effective date: January 1, 2020

TopShot, an Indiana corporation (“TopShot,” “us,” “we,” or “our”) is committed to protecting your privacy.

TopShot has prepared this Privacy Policy (this “Privacy Policy”) to describe to you, or if you represent an entity or other organization, that entity or organization (in either case, “You”) our practices regarding the information that TopShot collects, uses, and discloses on behalf of end users (“Users”) of our website located at www.topshotap.com. Capitalized terms not defined in this Privacy Policy, shall have the meetings as defined in the TopShot Terms of Service.

TopShot reserves the right, at any time, to modify this Privacy Policy. If we make revisions that change the way we collect, use, or share information, we will post those changes in this Privacy Policy. You should review this Privacy Policy periodically so that You keep up to date on our most current policies and practices. We will note the effective date of the latest version of our Privacy Policy at the end of this Privacy Policy.

**COLLECTION OF INFORMATION. **

Personal information refers to information that is connected to Your name and may include things such as Your email address, mailing address, and telephone number, location, demographic information, photographs, and payment card information. The following personal information is collected by or on behalf of TopShot:

Collection of Personal Information from Users. TopShot collects personal information when Users voluntarily submit it to us. For example:

• User Content: We may collect information that You submit when You contact TopShot customer support, provide Reviews, or otherwise contact TopShot.

Collection of Other Information. In addition to personal information that we may receive or collect from You, TopShot may collect other information from Users using the following technologies:

• Cookies: “Cookies” are small bits of information that the Website places on the hard drive of Your computer. Cookies remember information about Your activities on the Website to make Your visits to the Website more enjoyable and valuable to You by providing a customized experience and recognizing Your preferences when You visit the Website. If You’ve chosen to disable cookies on Your browser, some of the functionality of the Website may be lost. Certain Services provided by TopShot, require that cookies be enabled in Your browser and cannot be used when You have disabled cookies in Your browser.
• Flash Cookies: (also called Local Shared Objects or “LSOs”). Flash cookies are data files similar to cookies, except that they can store more complex data. Flash cookies are used to remember settings, preferences, and usage, particularly for video, interactive gaming, and other similar services.
• Web Beacons or Clear Pixels: Web beacons are small graphic images on a web page or in an email that can be used for such things as recording the pages and advertisements that You select or tracking the performance of email marketing campaigns.
• Web Server Logs: Web server logs are records of activity created by the computer that delivers the webpages You request to Your browser. For example, a web server log may record the search term You entered or the link You clicked to bring You the webpage. The web server log also may record information about Your browser, such as Your IP address and the cookies set on Your browser by the server.
• Location Information: We may collect information about the location of Your device if You provide Your consent. For more details on how to modify Your location preferences, please see the “Access & Choice” Section below.
• Device Information: We may collect information about the mobile device or computer You use to access the Website, including without limitation the hardware model, operating system and version, browser type, unique device identifiers, and mobile network information.

USE OF INFORMATION.

TopShot’s primary purpose in collecting personal information is to provide You with products, services, and content that match Your interests. TopShot may also use personal information it collects for various purposes, including without limitation to:

• To help diagnose problems with our Website, to administer our Website, and to enhance the Website for optimal User experience.
• To monitor the usage and performance of our Website, and to determine aggregate information about our Users and usage patterns.
• To send Users materials, updates, information and special offers from us and promotional material from other Users of the Website and our partners.
• To provide and deliver the products and services You select through the Website, process payments and other Charges and send You related information, such as confirmations and receipts.
• To provide maintenance, support, and customer service for the Website.
• To contact Users for information verification purposes.

DISCLOSURE OF INFORMATION.

TopShot may disclose personal information to companies that are affiliated with us (that is, that control, are controlled by, or are under common control with TopShot). Unless stated otherwise in a Promotion, we do not disclose Your information with third parties to directly market to You, but we may market to You on behalf of such third parties that would like to send You information about their products and services. For example, TopShot may offer a Promotion in conjunction with a co-sponsor that may have special offers or services that might be of interest to our Users. We may extend to You special offers from the co-sponsor that may be of interest to You. We may also disclose certain information about Users who used our Services through a Promotion with a co-sponsor, provided that we notify such Users in a Promotion that their information may be disclosed with the co-sponsor.

TopShot may disclose Your information with service providers that perform services for TopShot, such as providing marketing assistance, analyzing User data, and processing payment card information. There may also be instances when TopShot may disclose Your information without providing You with a choice in order to:

• Protect the legal rights of TopShot, other affiliated companies or their employees, agents, and contractors.
• Protect and defend the rights or property of TopShot.
• Prevent or investigate possible wrongdoing in connection with the Service.
• Honor a request that You have made through the Website.
• Protect the safety and security of other Users.
• Protect against fraud or for risk management purposes.
• Comply with the Law or legal process.

In addition, if TopShot sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, TopShot may transfer Your information to a third party as part of that transaction.

SOCIAL SHARING OF INFORMATION.

The Website may offer You the ability to share Your information through a social networking site (e.g., Facebook, Twitter), using such site’s integrated tools (e.g., Facebook “Like” button, or Twitter “Tweet” button). The use of such integrated tools enables You to share information about Yourself with other individuals or the public, depending on the settings that You have established with such social networking site. For more information about the purpose and scope of data collection and use in connection with such social networking site or a site’s integrated tools, please visit the privacy policies of the entities that provide these social networking sites.

SECURITY.

TopShot employs reasonable security measures to protect information from becoming disclosed to individuals who are not described in this Privacy Policy. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to ensure the safety of personal information.

ACCESS AND CHOICE.

TopShot has implemented the following procedure that You may use to access, correct, or delete personal information, or choose how Your information is used:

• If You would like to know the types of information that TopShot collects from Users to its Website, please email or write TopShot at the address listed below under the Section titled “Communication.”
• If You would like to know whether TopShot has collected personal information about You please send us the activities and services that You participated in on the Website that requested personal information. After reviewing the relevant databases, TopShot will confirm whether TopShot has collected such information about You and provide a list of Your personal information that we have on file.
• If Your personal information is incorrect, You may correct the personal information by sending a written request for correction to TopShot’s Privacy Officer at the address below. Your request must include: (a) all of the incorrect personal information that You wish to change, (b) the corrected personal information, and (c) Your signature authorizing such changes. TopShot will then correct the Personal Information in our database and send a written
  confirmation to You.
• If You wish to stop receiving email marketing communications from TopShot, please send us an email at info@topshotap.com. If You opt out of marketing communications, we may still send You non-promotional communications, such as those about Your User Account or to fulfil ongoing business transactions.
• Some web browsers and devices permit You to broadcast a preference that You not be “tracked” online. At this time TopShot does not modify Your experience based upon whether such a signal is broadcast.
• TopShot uses User’s device location information. Location data helps improve our services, including pickups, navigation, and customer support. You may enable/disable, or adjust, TopShot’s collection of rider location information at any time through the privacy settings menu in the Application, or via the settings on Your mobile device. If You disable the device location services on Your device, Your use of the Application will be affected.

1. California Residents.

The California Consumer Privacy Act (CCPA) provides California residents with the additional rights listed below.

Right to Know. You have the right to know and see what data we have collected about you over the past 12 months, including:

• The categories of personal information we have collected about you;
• The categories of sources from which the personal information is collected;
• The business or commercial purpose for collecting your personal information;
• The categories of third parties with whom we have shared your personal information; and
• The specific pieces of personal information we have collected about you.

Right to Delete. You have the right to request that we delete the personal information we have collected from you. There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

• Complete your transaction;
• Provide you a good or service;
• Perform a contract between us and you;
• Protect your security and prosecute those responsible for breaching it;
• Fix our system in the case of a bug;
• Protect the free speech rights of you or other users;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
• Comply with a legal obligation; or
• Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

Other Rights. You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.

Exercising Your California Privacy Rights. To request access to or deletion of your personal information, or to exercise any other data rights under California law, please contact us using the following method:

Email: You may write to us to exercise rights. Please include your full name, email address, and phone number, along with why you are writing, so that we can process your request in an efficient manner. Please email us at info@topshotap.com

Response Timing. We aim to respond to a consumer request for access or deletion within as soon as possible. If we require more time, we will inform you of the reason and extension period in writing.

COMMUNICATIONS.

If You have any additional questions or concerns about our Privacy Policy or any other privacy or security issue, please contact us at:

TopShot
Attn: Privacy Officer
5915 N College Ave Suite 200,
Indianapolis, IN 46220

Phone: (317) 751-7056

info@topshotap.com

If TopShot needs or is required, to contact You concerning your personal information or any event that involves You, we may do so by email, telephone, or mail.