Privacy Policy

Privacy Policy Triumph Labs, Inc. Effective Date: March 2, 2022 Last Updated: November 10, 2022 1. Introduction Triumph Labs, Inc. ("Company" or "We") takes your privacy seriously and is committed to protecting it through our compliance with this policy. The Company provides software to game developers to allow them to integrate real-cash prize tournaments and other real-cash prize games into their games. The Company handles game tournament matching, leaderboards, the creation and development of real-cash entry prizes and tournaments, among other functions, for users of such software. The third-party game developers (“Developers”) or the Company may publish the games. In each case an application, usually a skill-based game application, that integrates the Company software is referred to as an “App” in this Privacy Policy. The Company’s associated account management application, which allows for balance tracking, deposits, and withdrawals, among other things, is referred to as the “Account App”, and together with the App the “Company Apps”. This policy describes: • The types of information we may collect or that you may provide when you register with, access, use, or transact with the Company Apps. • Our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies only to information we collect in the Company Apps and in electronic communications sent through or in connection with the Company Apps. This policy DOES NOT apply to information that: • We collect that is not accomplished through the App or Account App including, offline, by email, direct text message, phone, or on any Company websites. • You provide to or is collected by any third party except for the Developer, if you are agreeing to this Privacy Policy (see Third-Party Information Collection). Our websites and other third parties have their own privacy policies, which we encourage you to read before providing information on or through them. Please note that some Developers may have privacy policies that expand the scope of the permissible use of your data, including data collected by the Company and shared with such Developers and any such additional scope of use agreed to by you will supersede the limitations of this with respect to such agreed additional scope Privacy Policy. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use the Company Apps. By downloading, registering with, or using any of the Company Apps, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Company Apps after we revise this policy means you accept those changes, so please check the policy periodically for updates. 2. Children Under the Age of Eighteen The Company Apps are not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18 years of age. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under18, please contact us at legal@triumph.com. 3. Information We Collect and How We Collect It We collect information from and about users of the Company Apps: • Directly from you when you provide it to us. • Automatically when you use the Company Apps. • Automatically when you execute transactions on the Company Apps. • Automatically when you communicate through the Company Apps. • Your responses to surveys that we might ask you to complete for research purposes. • Details of transactions you carry out through the Account App and the fulfillment of your transaction. • Automatically when you allow various permissions (location, camera, etc.) in our Company Apps. A. Information You Provide to Us When you download, register with, or use the Company Apps, we may ask you provide information: • By which you may be personally identified, such as name, email address, telephone number, and birthdate. • Information submitted by you that may allow you to be personally identified, such as a user selected image, a username, and information that you communicate to the Company within the Company Apps, for example when you report a problem within the Company Apps using the customer support chat function. • That is about you but individually does not identify you, such as the following: App input data, for example the buttons you press when interacting with the App. • When placing orders through the Company Apps you may be required to provide financial information including credit or debit card information, address, or bank account information. • In order to withdraw from the Account App you will be required to provide or we will collect the following additional information by which you may be personally identified including: an image of a government issued identification document or such other identification document as may be accepted by the Company; a short video that includes your face; the location of access; the internet protocol (IP) address from which you access the system; data regarding the browser or software used to access the system; and the time of access (the “Customer Authentication Data”). You may also provide information for publication or display ("Posted") on public areas of the App, such as username, the selected user image, and gameplay score data, and prize outcomes (collectively, "Public Account Data "). Your Public Account Data is posted and transmitted to others at your own risk. We cannot control the actions of third parties with whom your Public Account Data is visible and such Public Account Data should be understood as being generally available to the public both within the Company Apps and outside of the Company Apps. B. Automatic Information Collection and Tracking When you download, access, and use the App, it may use technology to automatically collect: • Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs of any category of collected data identified in this Privacy Policy, communication data, the resources that you access and use on or through the Company Apps, images of the Company Apps output during use, results and outputs from App use, account balances, gameplay score history, and a profile of score or skill level developed from gameplay data. • Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, the device's telephone number, and the devices data service providers. • Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device that you provide access to. This includes, for example, photographs which you select for upload as a user image. • Location Information. This App does collect and log real-time information about the location of your device in order to limit use is jurisdictions in which real-cash tournaments are not allowed. If you do not want us to collect this information do not download or use the App or delete your account as well as the applications from your device. C. Third-Party Information Collection When you use the Company Apps certain third parties may use automatic information collection technologies to collect information about you or your device. Third parties that are contracted with by the Company for the provision of services related to the app (“Integrated Third Parties”) and may collect data include: • Payment processors. • Customer authentication providers. • App publishers. • In-app communication providers. • Device authentication providers. • Customer identity authentication providers. Information provided to Integrated Third Parties should not be used for any other purpose outside of fulfilling their service to the Company. If you believe that your information is or has been used inappropriately by any Integrated Third Parties, please contact legal@triumpharcade.com. Additional third parties may use tracking technologies to collect information about you when you use download or use the Company Apps. For example: • Platforms from which you download the Company Apps. • Your internet service provider. • Your device manufacturer. • Your mobile or data service provider. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 4. How We Use Your Information We use information that we collect about you or that you provide to us, including any personal information, to: • Track your score and prize outcomes. • Develop and create prize structures. • Provide you with the Company Apps and their features. • Give you notices about your account, including expiration and renewal notices. • Contact you regarding any Company App issues. (Please note that you will never be requested to provide your account credentials to the Company, the App publisher, or any Integrated Third Parties – you should not share your account information with anyone. If you have issues with account access contact help@triumpharcade.com.) • Carry out our obligations and enforce our rights arising from the Terms of Use, including related to withdrawal or deposits from the Account App. • Notify you when App updates are available and of changes to any products or services we offer or provide though it. • Confirm your identity. • Fulfill any other purpose for which you provide it. • Provide a personalized experience, for example use of skill-based matchmaking in tournaments. • Employee anti cheating and anti-fraud algorithms and features. • Track the performance of the Company Apps, improve the Company Apps and company practices. The usage information we collect helps us to improve our Company Apps and to deliver a better and more personalized experience by enabling us to: • Estimate our audience size and usage patterns. • Store information about your preferences, allowing us to customize our App according to your individual interests or skill level. • Recognize you when you use the Company Apps. • Maintain compliance, financial, tax, and other legally required records. • Improve Company Apps’ performance. We use location information we collect to ensure that you are in a jurisdiction where the use of the App is authorized or to assist in the confirmation of your identity, and for no other purposes. We may use the information we collect to display advertisements to you within the Company Apps, including advertisements based on your personal information. 5. Disclosure of Your Information We may disclose aggregated information about our users in a de-identified form, and information that does not identify any individual or device, without restriction. In addition, we may disclose personal information that we collect or you provide: • To our subsidiaries and affiliate, including with the Developer of the App. • To contractors, service providers, and other third parties we use to support our business, such as the Integrated Third Parties, who are bound by contractual obligations to keep personal information you disclose to them confidential and use it only for the purposes for which it is disclosed it to them and in accordance with their privacy policies. • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our users is among the assets transferred. • To fulfill the purpose for which you provide it. For example, if you upload an image as your user image it will become Posted and publicly associated with your Company App account. • For any other purpose disclosed by us when you provide the information. • With your consent. • To comply with any court order, law, or legal process, including to respond to any government or regulatory request. • To comply with service provider obligations, including payment processor, compliance requirements. • To enforce our rights arising from any contracts entered into between you and us, including any App Terms of Use. • To execute deposits and withdrawals. • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. 6. Your Choices About Our Collection, Use, and Disclosure of Your Information We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information. • Tracking Technologies. You can choose whether or not to allow the App to collect information through other tracking technologies by not authorizing such collection or terminating the authorization. If you block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly. • Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the App may become inaccessible or not function properly. • Advertising by the Company. If you do not want us to use information that we collect or that you provide to us for the delivery of advertisements within the Company Apps, you can terminate use of any App or the Account App that contains advertisements. We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website. Residents in certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information. 7. Accessing and Correcting Your Personal Information You can review and change your personal information by logging into the Company Apps and visiting your account profile page. If you are unable to do so in your account you may also send us an email to help@triumpharcade.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We cannot delete certain information that is required to be maintained for legal, tax, or compliance purposes, for example, phone number, personal identity verification information, account data, and personally identifiable prize data (and gameplay data underlying it). We maintain such information for the periods stated in the Company’s Record Retention Policy. If you delete your Posted data from the App, copies of your Posted data may remain viewable in cached and archived pages, or might have been copied or stored by other App users. Proper access and use of information provided on the App, including Posted data, is governed by this Privacy Policy and our Terms of Use. Residents in certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information. 8. Your State Privacy Rights State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. If you are a resident of, or otherwise covered by, state privacy laws in California, Colorado, Connecticut, Nevada, Utah and Virginia or to learn more about such privacy rights, visit our State Specific Privacy Policies and Notices, as follows: California Privacy Policy and Notices Nevada Privacy Notices 9. Data Security We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure, for example, any deposit or withdrawal transactions will be encrypted using SSL technology. The safety and security of your information also depends on you. Where we have given you (or you have chosen) a password for access to certain parts of the Company Apps. This password can allow access to the account you hold in the Company Apps and allow the person with such a password to withdraw available funds from your account. You are responsible for choosing a strong password, regularly changing it, and keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or through our Company Apps. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide. 10. Changes to Our Privacy Policy We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy policy to check for any changes. 11. Contact Information To ask questions or comment about this privacy policy and our privacy practices, contact us at legal@triumpharcade.com. To register a complaint or concern, please provide the full details of your complaint and an email and contact phone number to legal@triumpharcade.com.