The 33^rd Team LLC, a Florida limited liability company (“Company”, “we”, “us”, or “our”) respects your privacy and is committed to protecting it through our compliance with this privacy policy. This privacy policy will inform you as to how we treat your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.the33rdteam.com including any of our Social Media Pages as defined therein (collectively, the “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. 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, your choice is not to use our Website. By accessing or using the Website, you agree to this privacy policy. This policy may change from time to time (see Changes to this Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

This policy applies to information we collect:

• on the Website.
• in email, text, and other electronic messages between you and the Website.
• when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
• when you interact with our social media pages, including those pages located on Facebook, Twitter, Instagram, LinkedIn, TikTok, YouTube, and Discord.

It does not apply to information collected by:

• us offline or through any other means, including on any other website operated by the Company or any third party (including our affiliates); or
• any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Purpose of this Privacy Policy

This privacy policy aims to give you information on how we collect and process your personal data through your use of the Website, including any data you may provide through the Website when you purchase, access or use any of our products/services.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.

Controller

The 33^rd Team, LLC is the controller and responsible for your personal data. We have appointed a Data Privacy Manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the Data Privacy Manager at the email address below.

privacy@the33rdteam.com

Collection of Information

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include information where the identity has been removed (anonymous data) or is otherwise subject to an exemption under applicable law including with respect to applicable business to business communications.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website.
• Profile Data includes your username and password, purchases, or orders made by you, your interests, preferences, feedback, and survey responses.
• Usage Data includes information about how you use our Website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also may collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data by law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by postal mail, phone, email or otherwise. This includes personal data you may provide when you:
  • subscribe to our publications;
  • request marketing to be sent to you;
  • create an account on our Website;
  • inquire about or place an order for our products; or
  • give us feedback or contact us.
• Automated technologies or interactions. As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, web beacons, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. See our section on Cookies.
• Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
  • Technical Data about you from analytics providers or search information providers;
  • Contact, Financial, and Transaction Data from providers of technical, payment, and delivery services; or
  • Google Analytics. We may use Google Analytics, a web analysis service provided by Google, in order to better understand your use of our Website and how we can improve it. Google Analytics collects information such as how often users visit a website, what pages you visit when you do so, and what other websites you used prior to coming to such website. Google Analytics collects only the IP address assigned to you on the date you visit a website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with your personal information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit a website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Website is restricted by the Google Analytics Terms of Use and the Google Privacy Notice. Google utilizes the data collected to track and examine the use of the Website, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the Website to contextualize and personalize the ads of its own advertising network. To more fully understand how Google may use the data it collects on the Website please review “How Google uses information from sites or apps that use our services” (located here https://policies.google.com/technologies/partner-sites?hl=en-US or any successor URL).

Please rest assured that the Website will only collect personal information that you knowingly and willingly provide by way of completed forms and emails, or information about the type of browser, IP address, or type of operating system you are using to assist us in providing and maintaining superior quality service. It is the intent of the Website to use personal information only for the purpose for which it was requested and any additional uses specifically provided on the Website.

It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of, and share information collected.

Advertising

This Site is affiliated with CMI Marketing, Inc., d/b/a Raptive ("Raptive") for the purposes of placing advertising on the Site, and Raptive will collect and use certain data for advertising purposes. To learn more about Raptive's data usage, click here: https://raptive.com/creator-advertising-privacy-statement/

Use of Information Collected

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

Note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal basis we are relying on to process your personal data where more
than one basis has been set out in the table below. Generally, we do not rely on consent as a legal basis for processing your personal data. You have the right to withdraw consent to marketing at any time by contacting us.

PURPOSE/ACTIVITY	TYPE OF DATA	LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST
To register you as a new contact, customer, or partner of the Company	(a) Identity (b) Contact	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to keep our records updated and to grow our business)
To process and deliver your order including: (a) Manage payments, fees, and charges (b) Collect and recover money owed to us	(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:(a) Notifying you about changes to our terms or privacy policy(ies) (b) Asking you to leave a review or take a survey	(a) Identity (b) Contact	(a) Necessary to comply with a legal obligation (b) Necessary for our legitimate business interests (to keep our records updated and to study how customers use our products)
To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data)	(a) Identity(b) Contact (c) Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c) Usage (d) Marketing and Communications (e) Technical (f) Profile	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences	(a) Technical (b) Usage (c) Marketing and Communications	Necessary for our legitimate interests (to define types of customers for our products, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Marketing and Communications	Necessary for our legitimate interests (to develop our products/services and grow our business

Promotional Offers from Us

At times, we may find it necessary to use personal data as a means to keep you informed of other possible products and/or services that may be available to you from the Website. We may also be in contact with you with regard to completing surveys and/or research questionnaires related to your opinion of current or potential future products and/or services that may be offered. You will receive marketing communications from us if you have requested information from us or purchased goods from us and you have not opted out of receiving that marketing, or if you have opted in to our marketing program. See our section on Unsubscribe or Opt-Out for more details.

Sweepstakes, Contests, Giveaways, Raffles or Similar Promotions

We may operate sweepstakes, contests, giveaways, raffles and similar promotions through the Website or our affiliates’ websites, including with respect to any links or landing pages related thereto that may require online registration by and among us, our affiliates, third parties, or vendors. We typically ask you for certain personally identifiable information when you enter and, if applicable, win a sweepstake, contest, giveaway, raffle or similar promotion. We may share this personally identifiable information with our affiliates, or other third-parties, including, but not limited to, sponsors, co-sponsors, marketing parties, or prize providers of such sweepstakes, contests, giveaways, raffles and promotions (irrespective of whether it is hosted by us), or otherwise in accordance with the rules applicable to such sweepstakes, contests, giveaways, raffles or promotions. You should carefully review the rules of each sweepstake, contest, giveaway, raffle and promotion in which you participate through the Website or our affiliates’ websites, as they may contain additional important information about us, or other third-parties’, including, but not limited to, sponsors’, co-sponsors’, marketing parties’, or prize providers’ use of your personally identifiable information. Insofar as the terms and conditions of such rules concerning the treatment of your personally identifiable information conflict with this privacy policy, the terms and conditions of such rules shall control. We are not responsible for the terms and conditions of a third-party’s, including, but not limited to, sponsor’s, co-sponsor’s, marketing party’s, or prize provider participant’s privacy policy.

Promotional Emails During Sweepstakes, Contests, Giveaways, Raffles or Similar Promotions Registration Process

Through the Company, you can request to receive promotional emails from us. We may also ask if you want to receive such promotional emails from us during sweepstakes, contests, giveaways, raffles or similar promotional registration processes. If you want to receive our promotional emails, you will be asked to provide certain personal information and areas of interest so that we can fulfill your request. If you would like to stop receiving such promotional emails, please refer to the unsubscribe or opt-out provisions within the privacy policy and any emails received by you.

Third-Party Marketing

The Company does not now, nor will it in the future, sell, rent or lease any of our customer lists and/or names to any third parties.

Disclosures of Your Personal Data

We may find it beneficial to share specific data with our trusted partners or our payment processing vendors, in an effort to conduct statistical analysis, provide you with email, text messages and/or postal mail, deliver support, fill orders and/or arrange for deliveries to be made, or otherwise for the purposes set out in the table above. Any third parties shall be strictly prohibited from making use of your personal data, other than to deliver those services which you requested, and as such they are thus required, in accordance with this privacy policy, to maintain the strictest of confidentiality with regards to all your information. We may share your personal data with Internal Third Parties (as set out in the Glossary) or External Third Parties (as set out in the Glossary).

We may deem it necessary to follow websites and/or pages that our users may frequent in an effort to glean what types of services and/or products may be the most popular to customers or the general public.

We may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:

• Remain in conformance with any decrees, laws, and/or statutes or in an effort to comply with any process which may be served upon us and/or our Website;
• Maintain, safeguard and/or preserve all the rights and/or property of the Company; and
• Perform under demanding conditions in an effort to safeguard the personal safety of users of https://www.the33rdteam.com and/or the general public.

We may also disclose your personal information to third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with applicable law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

International Transfers of Data from the European Union

The Company has its headquarters in the United States. Information we collect from you will be processed in the United States. The Company has not sought or received a finding of “adequacy” from the European Union under Article 45 of the General Data Protection Regulation (“GDPR”). The Company relies on certain derogations for specific situations as set forth in Article 49 of the GDPR. In particular, we collect and transfer to the United States personal data only: with your consent, to perform a contract with you, or to fulfill a compelling legitimate interest of the Company that does not outweigh your rights and freedoms. We endeavor to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with the Company and the practices described in this privacy policy. We may also enter into data processing agreements and model clauses with our vendors whenever feasible and appropriate.

If You Fail to Provide Personal Data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

Cookies¹

Please note that certain information about your computer hardware and software and browsing actions and patterns may be collected by the Company through automatic data collection technologies as you navigate through and interact with our Website. This information is used by us for operation of our Website and our business, to maintain quality of the Website and our business, and to provide general statistics regarding use of the Website. The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. Please review the “Cookies” section and specifically the “Use of Cookies” subsection below for more information on cookies and how you can manage your cookies settings.

• Flash cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see the “Choices About How We Use and Disclose Your Information” subsection below.

• Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).

¹ Open to confirm additional information provided by client as to its use of Cookies and/or confirm such cookies use as provided herein.

Use of Cookies

The Website uses “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you visit certain Website pages, a cookie helps us to recall your specific information on subsequent visits. When you return to the Website, the information you previously provided can be retrieved.

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Please see the “Choices About How We Use and Disclose Your Information” subsection below for more information about managing your computer’s settings for cookies.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Website are served by third parties, including servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. 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 and other online services. 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. For information about how you can opt out of receiving targeted advertising from many providers, see the “Choices About How We Use and Disclose Your Information” subsection below.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. Certain mechanisms are available to you on your browser settings that provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. To learn how you can manage your Flash cookies settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Website may become inaccessible or not function properly. For more information about the cookies we use, please see our section on “Cookies.”

• Promotional Offers from Us. If we have sent you a promotional email, you may click on the unsubscribe link at the bottom of the email to be omitted from future email distributions.

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”) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising at the following websites:

NAI Website (US): https://optout.networkadvertising.org/?c=1
DAA Website (US): https://optout.aboutads.info/?c=2&lang=EN

Accessing and Correcting Your Information

You may send us an email at privacy@the33rdteam.com to request access to, correct, or delete any personal information that you have provided to us. 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.

Residents of certain states, such as California, Nevada, Colorado, Virginia, and Utah may have additional personal information rights and choices.

Please see Your State Privacy Rights for more information.

Your 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, see below.

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

• Confirm whether we process their personal information.
• Access and obtain a copy of personal information you provided to us in a portable format 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 natural processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights please send an email to privacy@the33rdteam.com or to the following mailing address:

The 33^rd Team, LLC
4800 N Federal Highway
Suite B200
Boca Raton, Florida 33431

To appeal a decision regarding a consumer rights request please send an email to privacy@the33rdteam.com stating the reasons with reasonable detail for such appeal.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise their sale opt-out rights may submit a request to this designated address: privacy@the33rdteam.com.However, please know we do not currently sell data triggering that statute's opt-out requirements.

Children Under the Age of 18

Our Website is not intended for children under eighteen (18) years of age. No one under age eighteen (18) may provide any personal information to or on the Website. If you are under eighteen (18), do not use or provide any information on this Website or through any of its
features, make any purchases through the Website, use any of the interactive or public comment features, if any, of the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. The Company does not knowingly collect personal data from children under the age of eighteen (18) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of eighteen (18), we will immediately take the necessary steps to ensure that such information is deleted from our system’s database.

Unsubscribe or Opt-Out

All users and/or visitors to our Website have the option to discontinue receiving communications from us and/or reserve the right to discontinue receiving communications by way of email, text messages, or newsletters. You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase or other transactions.

Links to Other Web Sites

Our Website may contain links to affiliate and other third-party websites. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. The Company does not control, claim, nor accept responsibility for any privacy policies, practices, and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our Website and to read the privacy statements/policy of each and every website you visit.

Data Security

The Company has put in place appropriate security measures and shall take reasonable precautions to maintain adequate physical, procedural, and technical security with respect to our information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of the user’s personal information under our control. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We also use Secure Socket Layer (SSL) for authentication and private communications in an effort to build users’ trust and confidence in the internet and Website use by providing simple and secure access and communication of personal information. Further, we may use payment processing companies based in the United States who provide credit card processing services.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

The safety and security of your information also depends on you. If, when and where we may give you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information, to the extent possible, in public areas of the Website. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet 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 our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Data Retention

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see below to find out more about these rights.

If you wish to exercise any of the rights set out above, please contact us as set forth below in “How to Contact Us.”

No Fee Usually Required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What We May Need from You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit to Respond

We try to respond to all legitimate requests within forty-five (45) days. Occasionally it could take us longer than forty-five (45) days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Changes to this Privacy Policy

We reserve the right to update and/or change the terms of our privacy policy, and as such we will post those changes to our Website homepage at https://www.the33rdteam.com, so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If at any point in time we decide to make use of any personal data on file in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner. We keep our privacy policy under regular review.

Accessing and Correcting Your Information

You can review and change your personal information by sending us an email at privacy@the33rdteam.com to request access to, correct, or delete any personal information that you have provided to us. 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. Proper access and use of information provided on the Website is governed by our Terms of Use.

Your Duty to Inform Us of Changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Acceptance of Terms

Through the use of the Website, you are hereby accepting the terms and conditions stipulated within this privacy policy. If you are not in agreement with our terms and conditions, then you should refrain from further use of our Website. In addition, your continued use of our Website following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and have accepted such changes.

How to Contact Us

If you have any questions or concerns regarding this privacy policy or our privacy practices, please feel free to contact our Data Privacy Manager at the following email or mailing address:

Mailing Address:
The 33^rd Team, LLC
4800 N Federal Highway
Suite B200
Boca Raton, Florida 33431
Attn: Data Privacy Manager

Email address: privacy@the33rdteam.com

Glossary

Lawful Basis

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Third Parties

Internal Third Parties mean other companies in our company group acting as joint controllers or processors and who are based in the United States and provide IT and system administration services and undertake reporting.

External Third Parties mean:

• Service providers acting as processors based in the United States who provide IT and system administration services.
• Professional advisers including lawyers, bankers, auditors, and insurers based in the United States who provide consultancy, banking, legal, insurance, and accounting services.
• Marketing providers, including public relations specialists, advertisers, and sales.
• Payment processing companies based in the United States who provide credit card processing services.

Your Legal Rights

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”)

This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you

This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data

This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data

In cases where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information, which override your rights and freedoms.

Request restriction of processing of your personal data

This enables you to ask us to suspend the processing of your personal data in the following scenarios:

• If you want us to establish the data’s accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party

We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent

At any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Policy ID: 01510864 v3
Issue Date: 3/6/2023

Privacy Notice for California Residents

Effective Date: March 6, 2023

Last Updated on: March 6, 2023

This Privacy Notice for California Residents (the “Policy”) supplements the information contained in The 33rd Team LLC’s Privacy Policy [HYPERLINKED URL TO GENERAL PRIVACY POLICY] and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We have adopted this notice to comply with the California Consumer Privacy Act of 2018, as may be amended from time to time (“CCPA”), including the California Privacy Rights Act (“CPRA”), and any terms defined in the CCPA or CPRA have the same meaning when used in this Policy.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the California Confidentiality of Medical Information Act (“CMIA”) or clinical trial data, or other qualifying research data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FCRA”), the Gramm-Leach-Bliley Act (“GLBA”) or California Financial Information Privacy Act (“FIPA”), and the Driver’s Privacy Protection Act of 1994;
  • protection of trade secrets;
  • protection of free speech and press rights for noncommercial activities protected by California’s Constitution;
  • exemption of certain commercial credit reporting agency actions from the deletion and opt-out rights;
  • exemption of household data from the business’s right to know, deletion, and correction response obligations;
  • exemption of student grades, educational scores, or educational test results held for a local educational agency from the deletion right;
  • exemption of educational standardized assessments, including specific responses, from the right to know’s disclosure requirements when disclosure could jeopardize its validity or reliability; and
  • exemption of physical items containing personal information from the deletion and opt-out rights, such as the consumer’s photograph, if the consumer previously consented to the item’s creation and other circumstances apply.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO
L. Sensitive personal information	Personal information that reveals a consumer’s social security, drivers’ license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin; religious or philosophical beliefs; union membership; or genetic data.	NO

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete, or other communications with us.
• Indirectly from you. For example, from observing your actions on our Website.

Use of Personal Information

We may use, sell, or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about the Website or our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. 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, including to investigate and address your concerns and monitor and improve our responses.
• 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 and 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 as otherwise set forth in the CCPA.
• To enforce our Terms of Use, Privacy Policy and other agreements.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our website users/consumers is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Automated Decision-Making and Profiling

We do not use automated decision-making, but we do use profiling. We do not consider that the use of profiling has any legal effect on you or significantly affects you.

You have the right to object to our use of profiling described in this section. You can do that by opting out of cookies and similar technologies in accordance with the method described in the relevant section below. If you do not want us to process your actual IP address (such as the IP address assigned to you by your Internet Service Provider) when you visit our Website, you can use a virtual private network (VPN).

Profiling

Profiling is any form of automated processing of your information to evaluate personal aspects about you, in particular to analyze or predict things like your performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

Use of Profiling for Web Analytics

Our web analytics services, such as Google Analytics, collect information such as your location (based on your IP address) and your behavior (based on cookies) when you access our Website (such as the pages you visit and what you click on). We will only process information from cookies if you have consented to us setting cookies on your computer.

By automatically analyzing and categorizing information such as the location (based on IP address) as well as the behavior and devices of visitors to our Website (using cookies), we are able to gain a better understanding of what our Website visitors require (in terms of the content of our Website and our products and services), how to improve our Website and how to advertise and market our products and services to them.

Cookies will be used to track and store information about your behavior and device on our Website (unless you have opted out from receiving such cookies by rejecting cookies) and your location will be analyzed based on your IP address. We have a legitimate interest in processing this information for the purpose of improving our Website for our Website users and getting to know our Website user’s preferences so our Website can better meet their needs and desires.

Sharing Personal Information

We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, the Company has disclosed the following categories of personal information for a business purpose to the categories of third parties indicated in the chart below.

We do not sell personal information. In the preceding twelve (12) months, the Company has not sold personal information. For more on your personal information sale rights, see “Personal Information Sales or Sharing Opt-Out and Opt-In Rights.”

Personal Information Category	Category of Third-Party Recipients
	Business Purpose Disclosures	Sales	Sharing
A: Identifiers.	(a) Business Communication and Collaboration Tool(b) Hosting Services Provider	None	(a) Business Communication and Collaboration Tool(b) Hosting Services Provider
B:California Customer Records personal information categories.	(a) Business Communication and Collaboration Tool(b) Hosting Services Provider	None	(a) Business Communication and Collaboration Tool(b) Hosting Services Provider
C: Protected classification characteristics under California or federal law.	None	None	None
D: Commercial information.	(a) Data Analytics Provider	None	(a) Data Analytics Provider
E: Biometric information.	None	None	None
F: Internet or other similar network activity.	(a) Data Analytics Providers	None	(a) Data Analytics Providers
G: Geolocation data.	None	None	None
H: Sensory data.	None	None	None
I: Professional or employment-related information.	None	None	None
J: Non-public education information.	None	None	None
K: Inferences drawn from other personal information.	None	None	None
L: Sensitive personal information.	(a) Payment Processors	None	(a) Payment Processors

Retention of Personal Information

This section sets out how long we retain your information. We have set out specific retention periods where possible. Where that has not been possible, we have set out the criteria we use to determine the retention period.

Retention Periods

Correspondence and enquiries: when you make an enquiry, or correspond with us for any reason, whether by email, via mail or by phone, we will retain your information for as long as it takes to respond to and resolve your enquiry, and for one (1) year thereafter, at such time we will delete your information.

E-Newsletter: we retain the information you used to sign up for our e-newsletter for as long as you remain subscribed (i.e. you do not unsubscribe) or if we decide to cancel our e-newsletter service, whichever comes earlier.

Criteria for determining retention periods:

In any other circumstances, we will retain your information for no longer than necessary, taking into account the following:

• the purpose(s) and use of your information both now and in the future (such as whether it is necessary to continue to store that information in order to continue to perform our obligations under a contract with you or to contact you in the future);
• whether we have any legal obligation to continue to process your information (such as any record-keeping obligations imposed by relevant law or regulation);
• whether we have any legal basis to continue to process your information (such as your consent);
• how valuable your information is (both now and in the future);
• any relevant agreed industry practices on how long the information should be retained;
• the levels of risk, cost and liability involved with us continuing to hold the information;
• how difficult it may be to ensure that the information can be kept up to date and accurate; and
• any relevant surrounding circumstances (such as the nature and status of our relationship with you).

Your Rights and Choices

The CCPA and CPRA provide consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA and CPRA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months (the “right to know”). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know or Delete or Correct”), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• If we sold, shared, or disclosed your personal information for a business purpose, three separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased;
  • sharing, identifying the personal information categories that each category of recipient shared; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know or Delete or Correct”), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) or contractor(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall, if any, conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or de-identify personal information not subject to one of these exceptions from our records and will direct our service providers or contractors to take similar action.

We do not provide these deletion rights for B2B personal information.

Right to Correct

In certain circumstances, you have the right to request correction of any inaccurate personal information. Upon verifying the validity of a verifiable consumer correction request (see “Exercising Your Rights to Know or Delete or Correct”), we will use commercially reasonable efforts to correct your personal information as directed, taking into account the nature of the personal information and the purposes of maintaining your personal information. Please contact us at privacy@the33rdteam.com to request a correction of any inaccurate personal information that we have collected online from you.

Exercising Your Rights to Know or Delete or Correct

To exercise your rights to know or delete or correct described above, please submit a request by either:

• Emailing us at privacy@the33rdteam.com.

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete or correct related to your personal information.

You may also make a request to know or delete or correct on behalf of your child by emailing us at privacy@the33rdteam.com.

You may only submit a request to know twice within a 12-month period. Your request to know or delete or correct must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

For instructions on exercising your sale opt-out or opt-in rights, see “Personal Information Sales and Sharing Opt-Out and Opt-In Rights.”

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact privacy@the33rdteam.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another forty-five (45) days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the twelve (12)-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales and Sharing Opt-Out and Opt-In Rights

While the Company does not permit users of the Website to be under the age of 18, California law provides that if you are age 16 or older, you have the right to direct us to not sell or share your personal information at any time (the “right to opt-out”). As such, we do not sell or share the personal information of consumers we actually know are less than sixteen (16) years old. Consumers who opt-in to personal information sales or sharing may opt-out of future sales or shares at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by emailing us at privacy@the33rdteam.com.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales or sharing. However, you may change your mind and opt back in to personal information sales at any time by:

OPT-IN INSTRUCTIONS

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@the33rdteam.com.

California consumers will also have the right to:

• Correct inaccurate personal information.
• Opt-out of sharing personal information for cross-context behavioral advertising purposes.
• Restrict sensitive personal information use and disclosure.

Changes to Our Privacy Notice

We reserve the right to amend this Policy at our discretion and at any time. When we make changes to this Policy, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: privacy@the33rdteam.com

Postal Address:

The 33rd Team LLC
4800 N Federal Highway
Suite B200
Boca Raton, Florida 33431
Attn: Privacy Department

If you need to access this Policy in an alternative format due to having a disability, please contact privacy@the33rdteam.com.