APPLICATION Privacy Policy

Last Updated: January 19, 2024

This privacy policy (the “Privacy Policy”) applies to the software Distro Brands (the “Software”), owned and operated by Distro Brands, LLC (“Distro Brands”, “we”, “us”, or “our”). This Privacy Policy relates to the information collection and our practices of connection with the Software. All references to “you” and “your” means either: 1) you, being the individual using the app at the present time, or 2) you, acting on behalf of your customer as a limited agent, with your customer’s permission, for the contemplated transaction, or 3) a combination of 1 and 2.

Children under the age of 18 may not use this software in any manner whatsoever. By continuing to use this software while under the age of 18, you are subjecting yourself to account deletion without notice.

1. Information We Collect or Receive.  In the course of operating the Software, we will collect and/or receive the following types of information. You authorize us to collect and/or receive such information:

1. Personal Information . We only receive or collect information that identifies you personally if you choose to provide such personally identifiable information to us via email or other means. When you sign up to become a user or contact us, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”). Such Personal Information may include your name, e-mail address, physical address, and phone number. We do not collect any Personal Information from you when you use the Software unless you provide us with the Personal Information voluntarily.
2. Registration Information . By registering an account with us, you are authorizing us to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agree to provide us. Such information may include, without limitation, your first and last name, company name, username, profile picture, headline, unique identifier and access token, and e-mail address.
3. Payment Information . If you choose to make a purchase or subscribe to a feature or service ours that requires a fee, you will be required to provide us with your payment information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Payment Information”). Such Payment Information will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Payment Information in connection with such purchases or subscriptions.
4. Geolocational Information . Certain features and functionalities of the Software are based on your location. In order to provide these features and functionalities while you are using your device, we may, with your consent, automatically collect geolocational information from your device, wireless carrier/network provider, and/or certain third-party service providers (collectively, “ Geolocational Information ”). Collection of such Geolocational Information occurs only when the Software is running on your device. You may decline to allow us to collect such Geolocational Information, in which case we will not be able to provide certain features or functionalities to you.
5. Other Information . In addition to the Personal Information, Payment Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of the Software; your interactions with us and our advertising; and information regarding your computer and mobile devices used to access the Software (collectively, the “Other Information”). Such Other Information  may include:

1. From You . Additional information about yourself that you voluntarily provide to us, such as your gender and your product and service preferences.
2. From Your Activity . We may collect or receive information regarding:

1. IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or mobile device;
2. browser type and language;
3. referring and exit pages and URLs;
4. date and time; and
5. details regarding your activity on the Software, such as search queries and other performance and usage data.

3. About Your Device . We may collect or receive information regarding:

1. type of device;
2. advertising Identifier;
3. operating system and version;
4. carrier; and
5. network type.

2. How Information is Used and Shared.

1. You authorize us to use the Personal Information, Payment Information, Geolocational Information, and the Other Information (collectively, the “Information”) to:

1. provide and improve our Software;
2. provide our services;
3. administer our promotional programs;
4. solicit your feedback; and
5. inform you about our products and services.

2. We engage third-party companies and individuals to perform functions on our behalf. Examples include, but are not limited to, third-party speech recognizers (Google Maps, etc.) should you configure the Software to utilize such. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law. Nonetheless, you acknowledge that we do not have control over how such third parties may use any Information provided to them.
3. In an ongoing effort to better understand our users, the Software, and our products and services, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the Software and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the Software and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.
4. We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
5. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
6. To the extent permitted by law, we may also disclose the Information:

1. when required by law, court order, or other government or law enforcement authority or regulatory agency; or
2. whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.

3. Accessing and Modifying Information and Communication Preferences.  If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us as set forth below. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the Software (e.g., requests for support).
4. How We Protect Your Information.  We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
5. Important Notices to Non-U.S. Residents.  The Software and its associated servers are operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Software, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
6. External Websites.  The Software may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.
7. Do Not Track. Do Not Track (“DNT”) is a concept promoting the implementation of measures allowing internet users to control the tracking of their online activities across website. Many internet browsers offer a DNT option which, if enabled, will send a signal to websites visited by the browser regarding the user’s DNT preference. You can typically access your browser’s DNT option through your browser’s settings or preferences. We take privacy and security very seriously. However, as a single industry standard has yet to be recognized, we have deemed it prudent to not currently respond to DNT signals.
8. State Privacy Rights.  State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents' privacy rights, visit https://oag.ca.gov/privacy/ccpa .

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights, or to appeal a decision regarding a consumer rights request please submit a request to this designated address: support@distrobrands.com. Alternatively, you may contact us by phone at (888) 598-7317.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: support@distrobrands.com.

9. Sale of Personal Information.  We are committed to our users’ privacy, and do not engage in the sale of Personal Information to third parties for monetary or other valuable consideration.
10. Changes to This Privacy Policy.  This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. You acknowledge that it is your responsibility to periodically refer back to this Privacy Policy to monitor any changes herein. By accessing the Software after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information.
11. How to Contact Us.  If you have questions about this Privacy Policy, please e-mail us at support@distrobrands.com with “Privacy Policy” in the subject line.