Influxer Inc (“we” or “us” or “our” or “Influxer”) respects the privacy of our users (“user” or “users”), and of purchasers and prospective purchasers of merchandise directly from the Services (as later defined), or individuals who access, browse, and otherwise interact with the content, features, and services provided on influxermerch.com (“customer” or “customers”), (users and customers are collectively referred to herein as “you” or “your”). This Privacy Policy governs and explains how and when we collect, use, disclose, and safeguard your information and data when you visit our website (https://www.influxer.com), any owned subdomains of influxer.com, including but not limited to influxermerch.com, and our desktop and mobile applications (including any other media form, media channel, Messaging Service (as later defined), mobile website, or mobile application related or connected thereto) (collectively, the “Services”). Unless otherwise set forth herein, this Privacy Policy does not apply to any third-party websites, services, or applications, even if such are available or accessible through the Services. You acknowledge that you will read this Privacy Policy in conjunction with our Terms of Service and that you will do so carefully.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will provide notice to you by changing and updating the “Last Updated” date of this Privacy Policy located above. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Services, and you hereby irrevocably waive the right to receive specific notice of each such change or modification. If you are using the Services on behalf of another person or legal entity, you hereby represent and warrant that you have the authority to bind that person or entity to this Privacy Policy and Terms of Service, and in such event, “you” or “your” will refer and apply to that person or entity.

You are encouraged to regularly review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any updated Privacy Policy by your continued use of the Services after the date such revised Privacy Policy is posted.

When users create an account, browse, subscribe, or utilize our Services, when customers sign up for our text message marketing program (“Messaging Service”) or make a purchase, or when you contact us through various social or web forms, you are voluntarily sharing personal information with us. Additionally, in order to fully perform our obligations to our users and customers, we may collect information about you in a variety of ways which we use in accordance with this Privacy Policy and our Terms of Service.

The information we may collect through your use of the Services includes:

• Mobile Device Access. We may request access or permission to certain features from your mobile device, including, but not limited to, your mobile device’s storage, camera, microphone, and other features. If you wish to change our access or permissions, you may do so in your device’s settings, but your subsequent use of the Services might be limited.

• Mobile Device Data. We may collect device information, such as your mobile device ID, model, location, manufacturer, operating system, version information, and IP address.

• Messages from Influxer. We may request to send you push notifications regarding your account or our Services. You understand and agree that we may also send you emails and messages, including, but not limited to, those related to your account, security, or changes to the Services. If you wish to opt out from receiving these types of communications, you may turn them off in your device’s settings or by unsubscribing to them through the opt-out link provided in the communications.

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. We may use information collected about you via the Services to:

• Create and manage your account

• Compile anonymous statistical data and analysis for use internally or with third parties

• Comply with court and/or governmental orders

• Conduct routine business operations in furtherance of your interests such as billing, identification, authentication, contact purposes, and general research; o As part of routine business operations, personal information may be transferred to certain third parties with whom we contract for the limited purpose of providing services such as web hosting, email, and credit card processing

• Deliver, analyze, maintain and support the Messaging Service

• Email, text, or otherwise message you regarding your account or connection

• Provide and enhance the Services

• Fulfill and manage connections, transactions, payments, deliverables, and other transactions related to the Services

• Generate aggregated and/or de-identified information and share with third parties such as advertisers, promotional partners, and sponsors

• Generate a personal profile to make your future visits to the Services more personalized

• Include Service add-ons and/or changes that enhance your experience and provide you with ongoing benefits of all Services;

• Increase the efficiency and operation of the Services

• Monitor and analyze usage and trends to improve your experience with the Services

• Notify you of updates to the Services

• Offer new products, services, mobile applications, and/or recommendations to you

• Perform other business activities as needed

• Prevent fraudulent transactions, monitor against theft, and protect against criminal activity

• Process payments, refunds, transactions, engagements, and connections

• Request feedback and contact you about your use of the Services

• Resolve disputes and troubleshoot problems

• Respond to product and customer service/support requests

• Solicit support for the Services or

• Potentially share the personal and other information you share with us with other users to facilitate connection.

Additionally, we may use your personal information to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link, the instructions provided in any email we send, or the instructions provided in our Terms of Service.

Most messages from Influxer are service-related and necessary for users. Some messages may be sent via an automatic telephone dialing system. Consent to receive automated marketing text messages, however, is not a condition of any purchase. You also understand and agree that we can send you emails, messages, or text messages, such as those related to name, image, and likeness initiatives and agreements, transactions, connections, engagements, the Services, your account, security, promotions, products, or product changes. Examples of service-related messages include but are not limited to an email address confirmation/welcome email when you register your account, reminders and updates, notification of an offer or connection, additional service availability, modification of key features or functions, and correspondence with our support team (including by chat interface or the other methods of communication as described above).

Except as otherwise set forth in this Privacy Policy, we will only utilize your information for internal purposes for which we have a legitimate interest only to the extent those interests do not outweigh your privacy rights. We are fully committed to respecting the rights and wishes of users as they pertain to any information collected, including by complying with relevant data privacy laws and regulations as detailed below. We constantly weigh business needs and the legitimate privacy interests of users. If you have any questions or concerns about the use of your information, you may contact us at support@influxer.com.

If you are a registered user of any of the Services, you may review, update, correct, or delete your personal information by editing or deleting your profile or by emailing support@influxer.com.

We may share information we have collected about you in certain situations with outside parties. Except with your consent or as otherwise set forth in this Privacy Policy, we do not sell, trade, or otherwise transfer your personal information to outside parties. However, anonymized and aggregated visitor information may be provided to other parties for commercial, marketing, advertising, or other uses. Your information may be disclosed as follows:

Like most companies, we may use cookies, web beacons, tracking pixels, and other tracking technologies on the Services to help customize the Services and improve your experience. Additionally, cookies enable personalization of your experience via the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders). We also use cookies to measure activity on the Service and determine which features of our Service are the most popular or need improvement.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as tags and scripts to collect and track information and to improve and analyze our Service.

Most browsers are initially set to accept cookies, and most services that include similar devices are typically initially activated to collect data. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

• Session Cookies. We use Session Cookies to operate our Service.

• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

• Security Cookies. We use Security Cookies for security purposes.

You should be aware that getting a new mobile device or computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

We store the personal information collected only as long as it is necessary to comply with any contractual, legal, and/or ethical obligations. We also take reasonable steps to ensure that the information we process is accurate, complete, and current. We will delete your personal information upon reasonable request; however, it might prevent you from subsequently utilizing or accessing the Services.

All data collected as set forth in this Privacy Policy is stored and processed through third-party subprocessors, Amazon Web Services (AWS) and Google Cloud, which has its processing in the United States of America. You can learn more about AWS’ privacy and security processes here: https://aws.amazon.com/privacy/ and Google Cloud’s privacy processes here: https://cloud.google.com/terms/cloud-privacy-notice. The personal information we collect may be transferred to and stored in countries outside of the jurisdiction you are in, and where we and our third-party service providers have operations, including in the United States.

We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processors, Stripe, Venmo, and PayPal, and you are urged to review their privacy policies (https://stripe.com/us/privacy); (https://venmo.com/legal/us-privacy-policy/); (https://www.paypal.com/us/webapps/mpp/ua/privacy-full) and contact them directly for responses to your questions. Payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like MasterCard, Visa, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information by payment processors.

We use administrative, technical, and physical security measures to help protect your information. While we have taken reasonable steps to secure and protect the information you provide us to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee absolute security. You should proceed with caution whenever submitting information online and take special care in deciding what information you disclose.

Your account information and access to our Service is accessible through the use of an individual username and password. You should keep your password confidential and should not disclose it to any other person. Please note that we will never ask you to disclose your password in an unsolicited phone call or email. If you believe someone has gained unauthorized access to your account, please change your password and notify us as soon as possible. If you lose control of your account, you should notify us immediately.

By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending you an email at the email provided to us.

The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. Any person who provides personal information through the Services represents to us that he or she is 13 years of age or older. Our Services are not directed to, and we do not intend to, or knowingly collect or solicit personal information from, or market to, children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below. If we become aware that we have collected personal information from children without verification of parental consent, we take steps to remove that information from our servers.

The California Consumer Privacy Act (“CCPA”) gives consumers more control over the personal information that businesses collect about them. In addition to the rights listed herein, California residents have the specific right to seek what personal information we collect, use, sell, or share; to request access to the personal information we have collected and/or maintained; to opt out of the sale of your personal information; to request that we delete the personal information we have collected and/or maintained about you; and to not be discriminated against for exercising the aforementioned rights.

In addition, California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year.

If you are a California resident and would like to make such a request, please submit your request in an email to us using the contact information provided below. If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We may respond to such request asking for more information to verify your identity. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems.

For our customer’s convenience, we have set out what customer information we collect and disclose to third parties for business purposes below:

In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through the designated methods set forth herein where we can verify the authorized agent’s authority to act on your behalf.

Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. You can enable or disable DNT by visiting the Preferences or Settings page of your web browser. As previously stated herein, we do not support DNT. DNT is a preference you can set in your web browser to inform websites that you do not want to be tracked.

If you choose to exercise any of the rights listed herein, you will not be discriminated against in our pricing or otherwise in the provision of Services. However, as already mentioned herein, we may not be able to provide Services to you anymore.