User Privacy Notice

Last Updated: September 12, 2021

Overview

PublicSq. respects your privacy and is committed to protecting it through our compliance with this Privacy Notice and all applicable data privacy laws. This Privacy Notice describes the types of personal information that we collect, how we use it, how and when it may be shared, and the rights and choices you have with respect to your information. It also explains how we communicate with you and how you can make requests or submit inquiries to us about your information. Our goal is to help you understand how we use your information to improve our products, services, marketing, and interactions with you, as part of our commitment to maintaining your trust.

This Privacy Notice, as well as our Terms of Service and other important policies, are important legal documents.If you do not agree with our Terms of Service or this Privacy Notice, please discontinue the use of our services immediately.

1. APPLICABILITY AND SCOPE

This Privacy Notice (this “Notice”) applies to the website located at www.publicsq.com (the “Website”), the PublicSq. mobile application (the “App”), and any other websites, applications, events, or communications owned and/or operated by PublicSq. that direct the viewer or user to this Notice (collectively, the “Services”).

In this Notice, the terms “PublicSq.”, “we”, and “us” refer to PSQ Holdings, Inc., a Delaware corporation with headquarters in Encinitas, California, and its respective subsidiaries and affiliated companies. Note that websites that are owned and operated by PSQ Holdings, Inc. or PublicSq. may contain links to digital properties that are owned and operated by other companies. This Notice does not apply to websites and services that are owned and operated by unaffiliated third parties.

2. UPDATES TO THIS PRIVACY NOTICE

This Notice went into effect on the “Last Updated” date noted near the top of this page. We may update this Notice from time to time. We will notify you of any modifications to this Notice that might materially affect your rights or the way that we use or disclose your personal information prior to the change becoming effective by means of a message on this Website. We encourage you to look for updates and changes to this Notice by checking the “Last Updated” date when you access or use our Services.

3. INFORMATION WE COLLECT

As you use our Services, we collect information about you and the services you use. The information we collect falls into three main categories: (a) information you voluntarily provide us; (b) information we collect from you automatically; and (c) information we collect from other sources.

(a) Information You Voluntarily Provide Us

We may collect information that you provide when you use our Services or otherwise communicate with us, such as during the following interactions:

  • When you create a user account.
  • When you register for communications (including to receive emails) or other subscriptions through the Services.
  • When you make a request or inquiry, contact customer support, or provide feedback.
  • When you participate in a contest, promotion, sweepstakes, survey, rewards program, or promotional or marketing event.
  • When you connect with us on social media.
  • When you participate or comment in a blog or forum.
  • When we conduct market research or when we meet you at a social or other event.

In these instances, we collect the following types of information (collectively, “User Information”):

  • Account Information. When you create a user account, we store and use the information you provide during that process, such as the first and last name you enter, email address, zip code, physical address, and any other information you may provide during the account creation process. We may publicly display the first name and last name that you provide, as well as any photo or other content you submit through the account creation process, as part of your account profile. You can later modify some of the account information you provide through your account settings.
  • Public Content. Your contributions to the Services are intended for public consumption and are therefore viewable by the public, including your photos, reviews, tips, lists, and posts. Your account profile (e.g., username, first name, name, city, the month and year you created your account, and profile photo) is also intended for public consumption, as is some of your other activity through the Services, like how you vote on other people’s contributions, which contributions you like, which contributions or users you follow, and which businesses you follow or bookmark. You can limit the public nature of some of these activities through your account settings.
  • Communications.When you sign up for an account or use certain features, you are opting to receive messages from other users, businesses, and PublicSq. You can manage some of your messaging preferences through your account settings, but note that you cannot opt-out of receiving certain administrative, transactional, or legal messages from PublicSq.
  • Any other information you choose to provide.

You are solely responsible for maintaining the confidentiality and security of any User Information that you transmit from or store on a device for the purposes of the Services, including all transactions and other activities undertaken with any user account registered in your name, whether authorized or unauthorized. You agree to immediately notify us of any unauthorized transactions associated with the Services or any other breach of security. PublicSq. shall not be responsible for any losses arising out of the loss or theft of User Information that you transmit from or store on a device or from unauthorized or fraudulent transactions associated with the Services.

(b) Information We Collect Automatically

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and usage patterns, including:

  • Activity. We may store information about your use of the Services, such as your search activity, the pages you view, the date and time of your visits, and businesses you call using our App. We also store information that your computer or mobile device may provide to us in connection with your use of the Services, such as your browser type, type of computer or mobile device, browser language, IP address, WiFi information such as SSID, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon-based location, and GPS location), and requested and referring URLs and mobile applications.
  • Log Information. We may collect information related to your access to and use of the Services, including your browser type, App version, access times, pages viewed, IP address, and the page you visited before navigating to our Services.
  • Device Information. We may collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, Internet service provider, and mobile network information. You may access the Services through different devices (e.g., your mobile phone or personal computer) and different platforms (e.g., the Website or App). The information that we collect and store through those different uses may be cross-referenced and combined, and your contributions through one PublicSq. platform will typically be similarly visible and accessible through all other PublicSq. platforms.

We and others may use a variety of technologies to collect information about your device and use of our websites and mobile applications, including:

  • Cookies are small data files stored on your hard drive or in device memory. 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 our Services. 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 Services.
  • Log Files track actions occurring on the Website and collect data, including your IP address, browser type, Internet service provider, referring and exit pages, and date and time stamps.
  • Web Beacons(also known as pixel tags, single-pixel GIFs, or clear GIFs) are small electronic images that may be used in our Services and help deliver cookies, count visits, and understand usage and campaign effectiveness. We and our service providers may also include web beacons in email messages, newsletters, and other electronic communications to determine whether the message has been opened and for other analytics, personalization, and advertising.

Taken together, these technologies help us learn which services and functionality you are using and how you are accessing information about us. We may use this information to personalize your use of our Services.

Most web browsers can be programmed to accept or reject the use of some or all of these technologies, although you must take additional steps to disable or control other technologies. For more information about tracking technologies and how to disable them, see please see the section below titled Your Choices.

(c) Information We Collect from Other Sources

We may also obtain information about you from other sources. For example, we may collect information about you from third parties, including, but not limited to, public databases, joint marketing partners, payment processors and facilitators, from people with whom you are friends or otherwise connected on social media platforms, and from other third parties. Additionally, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information, and friends lists, in accordance with the authorization procedures determined by such social media site. If you are concerned about the way a social network is tracking your activity, please contact the social network or review its privacy policy. For example, you can review Facebook’s data-use policy at facebook.com/about/privacy.

We may combine personal information that we collect about you with personal information you provide to us through other sources, such as product registrations, inquiries, or marketing events. We will use the combined personal information in accordance with this Notice for as long as it is combined.

4. HOW WE USE YOUR INFORMATION

We use your information for business and commercial purposes, including to provide the products and services you request, to perform customer service functions, for security and fraud prevention, for marketing and promotional purposes, and to perform website and mobile application analytics.

We may use the information we collect about you in a variety of ways, including:

To Provide Our Services. We process certain personal information when you access or use our services, including to:

  • process requests for products and services;
  • register and verify user accounts;
  • support and improve our loyalty programs;
  • allow you to send credits to other users of the Services, or to friends through the Services;
  • facilitate the functionality of our Website and App; and
  • allow you to participate in surveys, sweepstakes, contests, and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your personal information, so we recommend that you read these rules carefully.

To Communicate with You. We process certain information in order to communicate with you in relation to your accounts, our Services, our marketing, and your requests, including to:

  • communicate with you about transactions, services, accounts, programs, contests, and sweepstakes;
  • respond to your comments, questions, and customer service inquiries;
  • post your comments or statements on our Website or App;
  • send you personalized promotions, content, and special offers;
  • communicate with you about our brands, products, events, or other promotional purposes (see the section entitled Your Choices below for information about how to opt-out of these communications at any time); and
  • provide important safety information, technical notices, updates, security alerts, and support and administrative messages.

For Research, Development, and Improvement of Our Services. We want to ensure that our Website, App, and Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process certain personal information, including to:

  • maintain, improve, and analyze our Website, App, and the products and services we offer;
  • conduct internal research and development and make business decisions about current and future product and service offerings;
  • monitor and analyze trends, usage, and activities in connection with our Services;
  • debug and repair errors in our products and services and other activities to maintain and improve the quality and safety of our products and services; and
  • detect, prevent, or investigate suspicious activity or fraud.

To Enforce our Terms, Agreements, or Policies.To maintain a safe, secure, and trusted environment for you when you use our Services, we use your personal information to ensure our terms, policies, and agreements with you and any third parties are enforced

To Comply with Applicable Laws.We may be required to process certain personal information under certain laws and regulations, such as tax laws, as well as to:

  • maintain appropriate records for internal administrative purposes;
  • cooperate with law enforcement and protect the rights (including free speech), interests, safety, or property of PublicSq. or its employees, customers, service providers, or other third parties; and
  • comply with applicable legal and regulatory obligations, and respond to lawful governmental requests, as needed.

With Your Consent. We may process certain personal information in order to fulfill any other business or commercial purposes at your direction or with your consent.

5. HOW WE SHARE YOUR INFORMATION

We may share your information as needed to fulfill the purposes described in this Notice and as permitted by applicable law. This includes sharing among PublicSq.-affiliated entities for internal business purposes, sharing with service providers to help perform business functions at our direction, sharing with your consent, sharing for marketing purposes, sharing as part of corporate transactions, and sharing to protect lawful interests. We may disclose your information to companies and individuals we employ to perform business functions on our behalf. An example of a third party that could receive your personal information is a data processing contractor that operates computer systems on our behalf or a company with whom we transact business for the purposes of aggregating and analyzing demographic information or offering certain products, services, contests, sweepstakes, or promotional events.

We may disclose personal information that we collect or that you provide as described in this Notice:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • 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 PublicSq.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by PublicSq. about users of our Services is among the assets transferred.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Service and other agreements.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, health, or safety of PublicSq., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We may aggregate, de-identify, and/or anonymize any information collected through the websites or mobile applications in such a way that we cannot reasonably link information to you or your device. For example, we may use the information to calculate the percentage of PublicSq. customers who have a particular telephone area code or who use an Android device or an iOS device, or we may combine information about the nature or frequency of your transactions with similar information about other people and share the aggregated information for statistical analysis and other business purposes. Because this type of information cannot be reasonably linked to you, we may use and disclose aggregated and or de-identified information for any purpose, without restriction.

6. CONTROLLING APP FUNCTIONALITY

(a) User Responsibility

You are solely responsible for maintenance of the confidentiality and security of any User Information which you transmit from or store on a device for purposes of the Services, whether authorized or unauthorized. You agree to immediately notify PublicSq. of any unauthorized transactions associated with the Services or any other breach of security. PublicSq. shall not be responsible for any losses arising out of the loss or theft of User Information which you transmit from or store on a device or from unauthorized or fraudulent transactions associated with the Services.

If you choose to use App functionality that allows you to send messages or rewards to third parties, you must first obtain their permission to provide their personal information, such as their name, phone number, or email address, to PublicSq. The referred information will be used by PublicSq. for the purpose of contacting the third party, on your behalf, to carry out the requested functionality. Although you may enter the recipient’s contact information into the App, you also have the option to provide the recipient’s contact information by granting PublicSq. permission to access your device’s contacts.

(b) Communications Preferences

The Services allow all users to set preferences for receiving promotional email communications from PublicSq., receiving push notifications on your device, and receiving inbox messages. Please note as well that you may opt-out of receiving email communications at any time by adjusting your online account settings or by clicking the “unsubscribe” link included within any commercial email we send you.

7. YOUR CHOICES

You have control over your promotional communications preferences, mobile application functionality, cookie settings, interest-based advertising preferences, and more.

Other users may be able to identify you, or associate you with your account, if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Services pseudonymously, though doing so could detract from the credibility of your contributions to the Services. Please also note that the messages you send or receive using the Services are only private to the extent that both you and the recipient(s) of your messages keep them private. For example, if you send a message to another user, that user may choose to publicly post it. We may access, review, and disclose such messages in connection with investigations related to the use of the Services, as well as our efforts to improve the Services.

Account Information.You may update and correct certain account information you provide to us at any time by logging into your account on the Website or App. If you wish to deactivate your account, please email us at [email protected], but note that we may retain certain information as required by law or for legitimate business purposes.

Promotional Communications . You can opt-out of receiving promotional emails and mailings by informing us of your preference at the time you sign up for an account, modifying your promotional preferences on the Website or in the App in your account’s profile management section, following the “unsubscribe” instructions in the promotional emails we send you, or emailing us at [email protected] Please note that if you opt-out of receiving promotional communications from us, we may still send you transactional communications, including emails about your account or transactions.

Cookies, Web Beacons, and Similar Tracking Technologies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject cookies, web beacons, and similar technologies by adjusting the appropriate settings in your browser. Each browser is different, but many browsers have preferences or options that may be adjusted to allow you to either accept or reject cookies and certain other technologies before they are set or installed or allow you to remove or reject the use or installation of certain technologies altogether. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

“Do Not Track” Technology.We may use data collection technologies to obtain information about your online activities over time and across third-party websites (behavioral tracking). Some newer web browsers have a “Do Not Track” preference that transmits a do-not-track header to the websites you visit with information indicating that you do not want your activity to be tracked. We currently do not respond to browser do-not-track signals, as there is no standard for how online services should respond to such signals. As standards develop, we may develop policies for responding to do-not-track signals that we will describe in this Notice.

8. HOW WE PROTECT YOUR INFORMATION

PublicSq. uses commercially reasonable methods consistent with industry practice to protect your personal information from unauthorized access or disclosure. While we consider these policies and procedures to be adequate, there is still a risk that your personal information could be misappropriated. No method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee the absolute security of your personal information. You are responsible for protecting your password(s) and maintaining the security of your account(s).

9. RETENTION AND DISPOSAL OF YOUR INFORMATION

PublicSq. stores personal information as needed to accomplish the purposes identified in this Notice and to meet legal requirements, including record retention, dispute resolution, and enforcement of agreements. Our retention of your personal information is governed by applicable law. This storage period may extend beyond the term of your relationship with PublicSq. The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide requested services to you.
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them).
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

The personal information that you provide us is stored and processed on servers in the United States. Regardless of the company or person who processes your information and where it is processed, we will take steps to transfer and protect your information through appropriate safeguards in accordance with applicable data protection laws and this Notice.

If you close your account, we will remove certain public posts from view and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Notice unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Services or to comply with legal obligations. We may also maintain residual copies of your personal information in our backup systems. Please note that businesses cannot remove their business pages, ratings, or reviews by closing their accounts.

When personal information is no longer needed, or in any event, after legal authority to retain it has expired, personal information will be destroyed, in accordance with local law and pursuant to procedures established in relation to the relevant PublicSq. system or process.

10.CHILDREN’S PRIVACY

We do not intend for our websites or online services to be used by anyone under the age of 16. If we learn that we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at [email protected] For more information, please see our Terms of Service.

11. CHANGES IN THIS PRIVACY NOTICE

We reserve the right to modify this Privacy Notice at any time, so please review it frequently. The most current version of this Notice will govern our collection, use, and disclosure of information about you and will be located here. If we make material changes to this notice, we will notify you here, by email, or by means of a notice on our home page. By continuing to access or use the Services after those changes become effective, you acknowledge and accept the revised Notice.

12. ADDITIONAL PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).

Categories of Personal Information We Collect. Throughout this Privacy Notice, we discuss information we collect from and about users. Under the CCPA, we are also required to provide you with the “categories” of personal information we collect. Depending upon the types of services you use, the categories we collect are:

  • Customer records information, including personal and online identifiers (e.g., name, address, email address, device ID, physical characteristics, or description);
  • Commercial information (such as purchase history);
  • Financial data (e.g., payment information);
  • Internet or other network or device activity (such as information related to your browsing history and the device(s) you use to access the Services);
  • Geolocation information (e.g., your city and state inferred from IP address);
  • Demographic information (e.g., such as age, gender, or ethnicity).
  • Audio information (e.g., if you participate in a customer support call and do not opt out of call recording);
  • Inference data about you and your interests based on purchases you have made and how you use the Services; and
  • Other information that identifies or can be reasonably associated with you.

Use of Personal Information. We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to make a purchase or ask a question about our products or services, we will use that personal information to respond to your inquiry. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our website, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries.
  • To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our website, products, services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or when we notify you of other uses at the time of collection, or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of PublicSq.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by PublicSq. is among the assets transferred.

Depending on the circumstances, we may share any of the above categories of information we collect with: business partners to provide you with services that you request; service providers; other parties, including government entities, when required by law or to protect our users and services; or in connection with a corporate transaction. In addition, we may share commercial information and financial data, including your payment information, with payment processors, and we share device information and identifiers and internet or other network or device activity with entities that provide content, advertising, and functionality. See the How We Use Your Information and How We Share Your Information sections for more information.

Notice of Right to Opt-Out of Sale of Personal Information. California residents may opt-out of the “sale” of their personal information. California law broadly defines “sale” in a way that may include when we share your information with third parties to provide you with offers and promotions that we believe may be of interest to you.

We may provide the following categories of information to third parties for these purposes:

  • For online targeted advertising purposes: demographic and statistical information, user-generated content, customer records information, device information and identifiers, connection and usage data, geolocation, and social media information.
  • For sharing with third parties to send you relevant offers and promotions: contact and account registration information, customer records information, demographic and statistical information, user-generated content, and geolocation.

If you would like to opt-out of our use of your information for such purposes that are considered a “sale” under California law, you may submit a sale opt-out request by emailing us at [email protected]

Your California Privacy Rights. If you are a California resident, the CCPA provides you with certain rights regarding the information we have about you. Specifically, the CCPA allows you to request:

  • Information about the categories of personal information we collect or disclose about you, the categories of sources of such information, the business or commercial purpose for collecting your personal information, and the categories of third parties with whom we share/disclose personal information. Such information is also set forth in this Privacy Notice.
  • Provide access to and/or a copy of certain information we hold about you.
  • Delete certain information we have about you.
  • Provide you with information about the financial incentives that we offer to you, if any.

The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.

We will consider all requests and respond during the applicable time period. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information or to comply with a legal obligation. Depending on the sensitivity of the information sought, we also may take steps to verify your identity before responding to a request, which might include, at a minimum, verifying your name, email address, and date of birth. You are also permitted to designate an authorized agent to submit certain requests on your behalf. An authorized agent must have a signed, written permission from you or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.

Aditionally, exercising your deletion rights may mean that you may no longer be able to use portions of PublicSq.’s Services that require personal information to function (e.g., if you register for an account, you cannot delete your username and password if you want to maintain your account).

If you would like further information regarding your legal rights under California law or would like to exercise any of them, please contact us at [email protected]

Shine the Light Disclosures. If you reside in California, you may request certain general information regarding our disclosure of personal information during the preceding year to third parties for their direct marketing purposes. To make such a request, please write to us at [email protected]

13. ADDITIONAL PRIVACY INFORMATION FOR NEVADA RESIDENTS

Under Nevada law, Nevada residents who have purchased goods or services from us may opt-out of the “sale” of “covered information” (as such terms are defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. In some circumstances, we may share your information with certain third parties that we believe can provide you with offers and promotions for products and services of interest to you. This sharing may qualify as a “sale” under Nevada law. If you are a Nevada resident who has purchased goods or services from us, you may submit a request to opt-out of “sales” activity by emailing us at [email protected] Please note that we may take reasonable steps to verify your identity and the authenticity of the request.

14. CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to request access to the information that PublicSq. has gathered about you through the Services, please contact us at [email protected]

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