PrizePicks™ Privacy Policy

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Effective Date: January 27, 2025

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At SidePrize LLC (a/k/a Performance Predictions LLC) d/b/a PrizePicks, (collectively with their parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors, “PrizePicks,” “we,” “us,” “our,” and/or “Company”), a Georgia limited liability company in good standing, we respect and protect the privacy of visitors to PrizePicks.com (“Site”), and the users that create an Account, download and use the various fantasy sport services offered through the PrizePicks mobile application available on iOS and Android (“App”) (collectively, such services, including any new features and applications, together with the Site, the “Services”). PrizePicks maintains a strict policy to ensure the privacy of individuals who use our Services (“user(s)” or “you”). This policy (“Privacy Policy”) describes how PrizePicks processes and collects information, including Personal Information (as defined below) relating to our users. Capitalized terms used in this Privacy Policy that are not defined have the same meaning as defined in the PrizePicks Terms of Service (“Terms”).

By clicking accept and using any of the Services of PrizePicks which link to or reference this Privacy Policy, you consent to the terms of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, including having your Personal Information used in any of the ways described in this Privacy Policy, do not provide us with your information. Please note, however, that if you don’t provide us with your information, you may not be able to use certain parts or features of our Site or we may not be able to provide you certain Services.

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1. Changes and Updates to This Privacy Policy

We reserve the right to revise or update this Privacy Policy at any time, and you should periodically read the Privacy Policy to learn of any revisions or updates. If the revision or update is material, we will provide you notification in accordance with law including through methods like email or push notification; however, for non-material revisions or updates, we will notify you by posting the revised or updated Privacy Policy and its “Effective Date” on the Site. Using the Site thereafter constitutes your agreement to and acceptance of the Privacy Policy and its revisions or updates.

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2. Collection of Personal Information

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“Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, as defined by applicable privacy laws.

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We collect Personal Information about you in various ways, including:

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• directly from you
• automatically when you use the Services
• from third parties

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Information We Collect Directly from You

You may provide Personal Information to us directly in numerous ways. For example, when you:

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• signup to use the Services
• create an Account
• request certain materials
• communicate with us via email, phone, chat, or otherwise

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We collect the following types of Personal Information from you directly:

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• Identifiers and Account Information, including real name, age, date of birth, sex/gender, postal address, unique identifier, login credentials (username and password), email address, telephone number, driver’s license number, social security number, contents of dialog boxes or chats, responses to feedback requests and surveys
• Financial Information, including credit and debit card numbers and related financial account information
• Communications, including contents of messages that you send to us or through the Services through various channels, such as dialogue boxes or chats, survey or feedback requests, mail and email messages, and text and phone calls

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Information We Collect About You

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PrizePicks and third-party service providers may automatically collect data about you when you use the Services. This information is primarily needed to maintain the security and operation of the Services, and for our internal analytics so that we can improve the Services. This information includes:

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• Commercial Information, including products or services purchased, obtained, considered, and other tendencies
• Internet or Other Electronic Network Activity Information, including browsing history, browser and device information, operating system, browser type, browsing actions and pattern, clickstreams, search history, contest history, information regarding your interaction with our Site, IP address, cookies, web beacons, pixel tags
• Visual Information, including video snippets of your activity on our Services so that we may monitor and analyze web traffic (please see Cookies & Similar Technology below for more information)
• Geolocation, including IP address and GPS coordinates

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Information We Receive from Third Parties

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In some instances, PrizePicks may receive Personal Information and/or anonymous data about you from other parties, such as our affiliates, business partners, and service providers. That information may be obtained online, offline, or through publicly available resources. We may combine this data with the information you provide, and other data we already have about you.
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We may also receive information about you from social media platforms, such as when you interact with us on those platforms or access our social media content. Please note that the information we may receive from those third-party sites (such as Facebook, Instagram, Twitter/X, and YouTube) is governed by the privacy settings, policies and/or procedures of the applicable platform, and we strongly encourage you to review them before submitting any information using a social media platform.

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Discord

We use Discord to host a chat platform for connecting with our members and enabling them to connect with each other. When you join PrizePicks’ Discord server, you may connect your Discord account to your PrizePicks account and thereby share your Discord username and associated information with PrizePicks. As you use PrizePicks’ Discord server, we may collect information including the time you joined the server, the time you left the server, profile information you configure, user roles you select, the channels you join, the messages you send, and edits that you make.

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3. Processing and Methods of Collection

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We may use aggregated (anonymized) information about our users, and information that does not identify any individual, without restriction. We collect and use information for business and commercial purposes in accordance with the practices described in this Privacy Policy. Our business purposes for collecting and using information include:

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• To collect or disburse payment for transactions made through the Services;
• To generally enable you to use our Services;
• To provide you with information, products, or services that you request from us or may interest you;
• To customize and personalize the content we deliver to you;
• To help us understand how you use the Services;
• To analyze and improve our Services, including developing new products or services;
• To provide customer service and support;
• To send you administrative messages about the Services;
• To carry out our obligations and assess and enforce our rights, including  any contracts entered into between you and us related to billing and collection;
• To notify you about changes to our Services or any products or services we offer or provide through the Services;
• To monitor and analyze trends, usage, and activities in connection with the Services;
• To investigate and prevent fraudulent transactions, unauthorized access to the Services, violations of the Terms, and other illegal activities;
• To share testimonials or reviews that you may have posted to the Services or any PrizePicks owned social media pages;
• In any other way we may describe when you provide the information;
• For any other purpose with your consent; and
• As otherwise set forth in this Privacy Policy.

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Cookies & Similar Technologies

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Cookies. Cookies are small pieces of data stored locally in the temporary memory of your web browser and/or the hard drive of your device. We use cookies to help us manage and report on your interaction with the Site or App. Through cookies, we are able to distinguish you from other Users, collect information that we use to improve the Services, keep count of return visits to our website or our advertisers’ or partners’ websites, collect and report on aggregate statistical information, authenticate your login credentials, or manage multiple instances of the Site in a single browser. We may also collect other data such as the page or site that referred you to the Site, the date and time you visited the Site, and your current IP address. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site or the functions of the Services may be impaired, therefore we disclaim, and you hereby waive, any claim or liability that may arise due to your partial or incomplete access to the content of any of our Services as a result thereof. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.

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The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org. From your mobile device, you can understand which third parties have currently enabled cookies and how to opt-out by accessing the Network Advertising Initiative’s website at http://www.networkadvertising.org/mobile-choices. On iOS devices you may also select “Limit Ad Tracking” and on Android devices you may select “Opt out of Interest-Based Ads” in your settings.

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Log Files and Web Beacons. Pages of the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Occasionally, we connect Personal Information to information gathered in our log files as necessary to improve our Site and Services. In such a case, we would treat the combined information in accordance with this Privacy Policy. Log files that we collect include IP addresses, browser type, domain names, access times, and physical location.

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Heat mapping and session recording. Heat mapping services are used to display the areas of a page where Users most frequently move the mouse or click. These services make it possible to monitor and analyze web traffic and keep track of User behavior. Some of these services may record sessions and make them available for later visual playback.

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Real-Time Location. Our Services collect real-time information about the location of your device. Disabling location data will impair the functions of Services, including prohibiting you from entering into Contests.

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Google Analytics

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We use Google Analytics on our Services to help us analyze the traffic on our Services and support other business functions, including personalization of our content and advertising communications. For more information on Google Analytics’ processing of Personal Information, please see http://www.google.com/policies/privacy/partners. You may opt out of the use of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

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4. Disclosure of Personal Information

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We may disclose some information we collect about our Users, including Personal Information, with our service providers, and partners who assist us in operating the Site and providing our Products, and in some cases, legal authorities as described in more detail in this section.

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• Service Providers and Vendors. We use third-party providers and vendors to help us operate and improve the Services on our behalf, such as web-hosting companies, information technology providers, web-development consultants, analytics providers, delivery of goods and services, billing and debt collection, customer services, marketing and communications services, event hosting, and processing credit card or other payments (including the entities listed below);
  
  • PayPal. We use PayPal as a payment processor. For more information on PayPal’s privacy practices, please visit https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
  • WorldPay. We use WorldPay as a payment processor. For more information on WorldPay’s privacy practices, please visit worldpay-privacy-notice-english.pdf (fisglobal.com).
  • PaySafe. We use PaySafe as our gateway payment processor. For more information on PaySafe’sprivacy practices, please visit https://www.paysafe.com/en/privacy-policy/.
  • Aeropay. We use Aeropay as a payment vendor. PrizePicks has partnered with financial services software company Aeropay to offer you ACH payments. When you create a PrizePicks Account and connect a bank to complete ACH payments, you will be creating an Aeropay account. It is your responsibility to make sure the data you provide us is accurate and complete. You must comply also with Aeropay’s privacy policy (https://www.aeropay.com/legal/privacy-policy) when creating or using your PrizePicks Account. The Aeropay Privacy Policy may be modified from time to time, and the governing version is incorporated by reference into this Privacy Policy.
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• Companies Involved in Advertising. We work with companies that assist us in advertising our Services to you and others who may be interested in the Services. These companies may use tracking technologies on our Services to collect or receive information over time and across different websites or platforms, including this Site and the Services and elsewhere on the internet, and use that information to provide measurement services and provide you with targeted advertisements.
  
• Business Partners. We may work with other companies to provide you with certain product or service offerings.
• Other Situations. We may use and disclose information outside of our day-to-day business practices and in ways unrelated to the Services.
  
  • In the Event of Merger, Sale, Divestitures or Change of Control. We may transfer or assign Personal Information to an entity that acquires or is merged with us as part of a merger, acquisition, sale of ownership or assets, or other change of control or similar business transaction.
  • Affiliates. We may disclose Personal Information about you to our affiliates.
  • Other Disclosures. We may disclose Personal Information about you if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our legal rights such as our Terms of Service, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to our, your, or third parties’ rights, property, or safety.
  • Authorized Representatives. If another individual is managing your account on your behalf as authorized by you or as a personal representative under applicable law, that person can view all Personal Information about you.
  • With Your Consent. We may share your information for other purposes pursuant to your consent or at your direction.

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We do not sell, rent, or otherwise share any information with unaffiliated entities except as described in this Privacy Policy, or with your prior permission. We may share or use anonymized information in any manner we choose. Anonymized information, which is de-identified or non-personal information, is information assembled into groupings that can no longer be reasonably used to identify you or your organization.

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5. Third Party Links

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The Services may link to third-party websites, online services, mobile applications and/or contain advertisements from third parties that are not affiliated with us—and which may link to other websites, services, or applications. Please be aware that we are not responsible for the privacy or practices of other websites or third parties, including those using the PrizePicks branding. We do not make any guarantee regarding those third-party websites, services, or applications, and we are not liable for any loss or damage caused by the use of such sites. Any data collected by third parties is not covered by this Privacy Policy. You should review the policies of the third parties and contact them directly if you have any questions about their services or practices.

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6. Public Activities

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PrizePicks may offer publicly available spaces on the Services where you and other users may communicate, interact, and engage with each other as well as add information about yourself and your content (“Public Activities”). If you choose to engage in Public Activities on the Services, please be aware that any information you share may be read, collected, or used by other users, third parties, and the public, including those that do not adhere to our Privacy Policy. The protections described in this Privacy Policy do not apply when you provide information, including any Personal Information, in connection with Public Activities. You should use caution in disclosing Personal Information on your profile or on any other publicly available space on the Services. Depending on the permissions you grant, a third party may be able to obtain your account information and other information you choose to provide. We are not responsible for events arising from the distribution of any information you choose to publicly post or share throughout the Services.

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7. Confidentiality and Security

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PrizePicks values your privacy and is committed to protecting your information. As such, we have implemented commercially reasonable and appropriate administrative, technical, and physical safeguards designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, or disclosure, which efforts you agree are sufficient, adequate, and complete. When contracting with supplies and/or service providers, PrizePicks takes appropriate steps to ensure that such third parties are required to maintain adequate protection of Personal Information.

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The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in Public Activities of the Services like company profile pages or message boards. The information you share in Public Activities may be viewed by any user of the Services and, depending on where the information is posted, by some users of the Services.

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Unfortunately, the transmission of information via the internet is not completely secure. Although we take steps to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

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8. Information Retention

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We keep your Personal Information only as long as reasonably necessary to provide you with our Services and for legitimate and essential business purposes, such as maintaining the performance of the Services, making data-driven business decisions about new features and offerings, complying with our legal obligations (which may include following retention schedules), and resolving disputes. The criteria used to determine our retention schedules include:

• The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an Account with us);
• Whether there is a legal obligation to which we are subject (for example, we are required to keep records of your transactions for a certain period of time); or
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

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9. International Transfer of Personal Information

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The Services are only available within the United States and Canada. PrizePicks stores Personal Information about users within the United States. If you are using the Services from outside the United States, please note that you are agreeing to the transfer of your Personal Information to the United States. The United States may have laws which are different, and potentially not as protective, as the laws of your own country. By providing your Personal Information, you consent to any transfer and processing in accordance with this Privacy Policy.

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10. ChoicesAboutYourPersonalInformation

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You have choices about how we use your information. Please understand that if you choose not to disclose information to us, it may affect your ability to use some features of the Services.

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Account Profile

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You can review and change your Personal Information by visiting your account profile page. You may also send us an email to request access to, correct, or delete any Personal Information that you have provided to us. If you request us to delete your Personal Information, that will be accomplished by deactivation of your Account and as otherwise required under applicable law; however, we may not be able to accommodate a request to change or fully delete information if we believe the change or deletion would violate any law or legal requirement or cause the information to be incorrect. If we are unable to delete your Personal Information due to legal requirements, including “Know Your Customer” requirements and responsible gaming regulations, the portion of your information that we do not delete will be retained in deactivated status for purposes of compliance with our legal obligations.

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Please note, if you delete user contributions in Public Activities from the Services, copies of your user contributions may remain viewable in cached and archived pages or might have been copied or stored by other users.

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Marketing

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If you have provided your email address to us, we may send you emails or notifications to provide you with information, to inform you of new events or content, to solicit your feedback, or to keep you up to date on us. You can opt out of our marketing communications at any time by clicking the link in the footer of all non-transactional emails or otherwise following the opt-out prompts on these communications. You also may ask us not to send you other marketing communications by contacting us as specified in the Contact Us section below, and we will honor your request. Please note that even after you are removed from our marketing lists, we may still send you non-promotional communications, such as responding to service requests or sending you important information about your Account (e.g., administrative account notifications, changes to your Account, or billing information).

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Advertisements

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Advertisements appearing on the Services may be delivered by advertising partners, who may use cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by us and does not cover the use of cookies by any advertisers.

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We and our service providers may use information about your interactions with the Site to predict your interests and select the ads you see on and off the Site. This is known as interest-based advertising.

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Do-Not-Track Disclosure

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Some web browsers include a Do Not Track (“DNT”) feature or setting that signals your preference not to have data about your online browsing activities monitored and collected.  PrizePicks does not monitor or respond to DNT browser requests. However, our Services may recognize certain opt-out preference signals, such as the Global Privacy Control, and will process such signals in accordance with applicable law, potentially including “do not sell” and opt out of targeted advertising requests. You may set such a signal through your browser or browser extension.

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11. Children

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Our Services are not intended for children. No one under the age of 18 may provide any Personal Information to or on the Services. We do not knowingly collect Personal Information from individuals under 18. If you are under 18, do not use the Services, make any purchases, use any of the interactive or public comment features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received Personal Information from a child, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us as set forth in the Contact Us section below.

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12. Your Privacy Rights

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You may have the rights listed below (“Data Subject Rights”) with respect to the Personal Information that we collect or process about you, however, these rights differ depending on your place of residency, including California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia. Please note that we reserve the right to honor your Data Subject Rights to the extent required by applicable law.

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• Right to Confirm Processing, Access, and/or Obtain a Copy: If you ask us, we will confirm whether we are processing your Personal Information. Additionally, upon request, we will provide you with a copy of all Personal Information you are lawfully entitled to receive, potentially including specific pieces of information, along with certain other details.
• Right to Amend: If you believe your Personal Information is inaccurate or incomplete, you may request that we correct it.
• Right to Delete: You may request that we delete Personal Information that we maintain about you.
• Right of Portability: You may request that we move, copy, or transfer the electronic Personal Information that we hold about you to another organization.
• Right to Revoke Consent and/or Opt Out of Certain Processing Activities: You may ask us to restrict or stop the processing of your Personal Information. This includes general requests and requests in specific contexts, such as if we process Personal Information that is considered “sensitive” under applicable laws or engage in certain automated decision-making activities.
• Right to Opt Out of Targeted Advertising: Targeted advertising is the practice of serving you tailored advertisements based on your Personal Information gathered over time and across other businesses, websites, applications, or services. Some jurisdictions may refer to this activity as “sharing.” You have the right to opt out of this practice.
• Right to Opt Out of Sales: Some states may consider targeted advertising a “sale” of Personal Information. You may request that we not “sell” your Personal Information.
  
• Right to Non-Discrimination: We will not discriminate against you for exercising Data Subject Rights, but we may charge a reasonable fee as permitted by law in fulfilling these rights, such as if you request multiple copies of your Personal Information.
• Right to Appeal: If we deny your request to exercise a Data Subject Right, you may have the right to appeal the decision with us. If you would like to appeal a prior decision, please be sure to include information about your prior request so that we may locate our earlier determination.
• Right to Lodge a Complaint: You may submit a complaint to the competent supervisory authority in the place in which you live if you have any concerns about our processing of your Personal Information or if we deny your appeal to review a prior decision about your Data Subject Rights.

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You or your authorized agent may request any of the above Data Subject Rights by following the instructions in the Contact Us section below.