Spot Media, LLC¹ (the “Company”) has adopted the following Privacy Policy for the purpose of informing all who access or use the Company’s website, mobile application, or any other similar type of technologically enabled means of access to or use of the Company’s technology platform (such means of access or use and the technology platform itself are hereinafter referred to collectively as “Technology Platform”) about the privacy practices that govern such access and use.

    For purposes of this Privacy Policy, the term “you” includes any person accessing or using the Technology Platform, including any legal entity out of which or on behalf of which such person operates.

    By accessing or using the Technology Platform, you consent to and agree to be bound by the terms, conditions, and practices described in this Privacy Policy. This policy governs the collection, use and disclosure of all data and information submitted to, obtained by or contained in the Technology Platform, except to the extent such matters are addressed in the Terms of Use governing the Technology Platform, which are incorporated herein as if fully set forth herein.

    The Company collects, uses and discloses in accordance with this Privacy Policy the information you submit or create through your use of the Technology Platform, by your actions and inactions, including, but not limited to, personally identifying information, such as your name, email address, physical address, telephone number, mobile telephone number, taxpayer identification number (“TIN”) and information concerning a bank account or other financial institution to which you request client payments to you be made  (“Your Information”) and will store that information in its database. The Company will use some or all or Your Information to create a profile for you (“Your Profile”).  You will have the right to edit and update certain information contained in Your Profile through the Technology Platform; and you will be solely responsible for ensuring that such information contained in Your Profile is up-to-date.  You should not submit any information that you do not want to be disclosed to a third party.

    You acknowledge that your personal information may be processed and stored in the United States or foreign countries, and the governments, courts, law enforcement, or regulatory agencies of those countries may be able to obtain disclosure of your personal information through the laws of those countries. You should not submit any information that you do not want to be disclosed to a third party.

    Subject to the following paragraph, the Company will disclose Your Profile to any third party with which you elect to do business (referred to herein as a “third-party client company”). By electing to do business with a third-party client company, you hereby authorize the Company to disclose Your Profile to such third-party client company. For purposes of this Privacy Policy, you will be deemed to have elected to do business with a third-party client company if you, pursuant to the Technology Platform, enter into an agreement with that client company (a “Client Agreement”) or reaffirm a prior Client Agreement you entered into with such client company outside of the Technology Platform.

    The Company will not disclose your TIN, or your information concerning a bank account or other financial institution to which you request client payments to you be made, to any third party except a third-party client company with which you have (i) elected to do business, and (ii) contractually agreed to perform a specific client opportunity presented by such client company through the Technology Platform. You hereby authorize the Company to disclose to such third-party client company any information you submit pertaining to a bank account or other financial institution to which you request client payments to you be made.  In addition, if you are a United States citizen or resident and have earned at least $500 in U.S. dollars during a calendar year from a third-party client company, you hereby authorize the Company to disclose to such third-party client company your TIN; and if you are a citizen or resident of a country other than the United States and have earned a comparable amount for purposes of that country’s tax-reporting requirements during a calendar year from such third-party client company, you hereby authorize the Company to disclose to such third-party client company your TIN, to enable such third-party client company to comply with its information reporting duties under applicable laws. The Company has adopted and abides by commercially reasonable practices to ensure the confidentiality, nondisclosure and protection of any information describing a bank account or other financial institution to which you have requested that third-party client company payments be made, subject only to the Company’s disclosure of such information to a third-party client company in accordance with this paragraph.

    You acknowledge and agree that the Company has no right of control over the use or disclosure by any third-party client company of any information that the Company discloses to such company, and to the fullest extent permitted by law you hereby indemnify and hold harmless the Company from and against any and all liabilities, claims and damages, including attorneys’ fees and costs, arising out of any such use or disclosure by a third party. With respect to any third-party client company with which you elect to do business, you should carefully review that company’s Privacy Policy to ascertain how that company will collect, use, store and disclose the information it receives.

    The Company will not disclose to the public any information that personally identifies you; its only public disclosures will consist of general information about you, such as geographic location and certain personal characteristics.

    In addition, the Company, through the Technology Platform, collects, uses and discloses in accordance with this Privacy Policy information concerning your use of the Technology Platform, including, but not limited to, any breach by you of the terms and conditions of the Terms of Use, the device you use to access the Technology Platform, your Internet Protocol  address ( IP address), location, and various timings/behaviors such as speed of data entry, keystrokes, and orientation of your mobile device, in connection with its anti-fraud systems. The information described in this paragraph is treated as another component of Your Information.

    The Company uses Your Information (i) in connection with the operation of the Technology Platform, including its anti-fraud systems, and its delivery of certain administrative services that it provides to you and any third-party client company with which you elect to do business, (ii) to help ensure data accuracy, and (iii) to inform you about potential client opportunities that it believes might be of interest to you and about administrative matters.

    As a condition to being eligible to use the Technology Platform, you may be required to provide the Company with an acceptable means of corroborating your identity.

    If the Company is involved in a transaction resulting in the Company, or substantially all of its assets, being acquired by or merged into another legal entity, or resulting in a change in the ownership of the Company, Your Information may be transferred to the other legal entity or remain with the Company but with new owners, and by entering Your Information, you hereby authorize and consent to such transfer of Your Information or to Your Information remaining with the Company with new owners.

    If you notify the Company that you wish to deactivate Your Profile, the Company will retain such information as required by applicable laws, and might retain such information for an additional period of time that it deems appropriate (the “retention period”), subject to any restrictions imposed by applicable laws. During such retention period the Company will not disclose Your Profile to any third party other than (i) to a third-party client company to which it has previously disclosed Your Profile pursuant to the terms and conditions of this Privacy Policy, (ii) to a government agency, or (iii) in connection with a legal proceeding in which the Company or a third-party client company is a party. 

    In circumstances that the Company determines to be appropriate or required by law, the Company, at its discretion, will disclose Your Information to a government agency, a law enforcement official or a court; and will provide you with prior notification of any such disclosure to the extent the Company in its good-faith judgment determines such notification to be legally required or advisable.

    With respect to any third-party client company with which you elect to do business, you should carefully review that company’s Privacy Policy to ascertain how that client will collect, use, store and disclose the information it receives. The Company does not control, and disclaims any responsibility for, how Your Information is collected, used, stored, or disclosed by any third party to which the Company discloses Your Information.

    The Company reserves the right to amend or revise this Privacy Policy at its discretion, and any such amendments or revisions shall be effective as of the date posted to the Technology Platform. If you attempt to access or use the Technology Platform subsequent to such an amendment or revision, you will be asked to accept the new Privacy Policy as a condition to your remaining eligible to access and use the Technology Platform.  This feature is intended to ensure that you always remain fully informed about the terms and conditions of this Privacy Policy.

    Any disputes arising out of or relating to your accessing or use of the Company’s website and this Privacy Policy shall be governed by the arbitration provisions contained in the Company’s Terms of Use, which is incorporated herein as if fully set forth herein.

    The Company encourages you to submit any comments you might have concerning this Privacy Policy at any time, and to notify the Company if you believe it has not complied with this Privacy Policy.   Please direct any such comments or notifications to http://gigspot.com/Contact_Us or to our Data Privacy Officer via email at dpo@gigspot.com or via postal mail at: