PRIVACY STATEMENT

Last Updated: June 16, 2018, Version: 138967418.8

This Privacy Statement explains how information about You is collected, used and disclosed by Acclaim Sports & Entertainment, Inc., (“ASE,” “We,” or “Us”). This Privacy Statement applies to information We collect when You use our website located at www.sportsontapbar.com (“ASE Site”) and other websites, applications and online products and services that link to this Privacy Statement (collectively, the “Service”).

We may change this Privacy Statement from time to time. If We make changes, We will notify You as required by applicable law.

Collection of Information

Information You Provide to Us

We collect information You provide directly to Us. For example, We collect information when You create an account, such as Your name, email address, password, postal address, phone number, occupation, employer, credit card information, billing address, ZIP code, and other information You may choose to provide.

Information We Collect Automatically When You Use the Service

When You access or use our Service, We automatically collect information about You, including:

  • Log Information: We log information about Your use of the Service, including the type of browser You use, access times, pages viewed, Content viewed, Third Party Channels accessed, Your IP address and the page or application You visited before navigating to our Service.
  • Device Information: We collect information about the computer or Compatible Device You use to access our Service, including the hardware model, operating system and version, unique device identifiers and network information.
  • Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to Your computer or Compatible Device. Cookies are small data files stored on Your hard drive or in device memory that helps Us to improve our Service and Your experience, see which areas and features of our Service are popular and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in our Service or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. We may collect information through other kinds of local storage (also referred to as “Flash cookies”) and HTML5 local storage.

We may also use or work with third parties, including our business partners and service providers who use Software Development Kits (“SDKs”), to collect information, such as advertising identifiers (e.g., “ad-ID” or “IDFA”) and information related to how Your devices interact with the Service. An SDK is computer code that app developers can include in their apps to enable ads to be shown, data to be collected and related services and functionality to be implemented. We may use this technology, for instance, to analyze how You interact with Content and advertisements and to enable analytics or other features through Your devices. For customers within the European Economic Area (“EEA”), for more information about interest-based ads, or to opt out of having Your web browsing information used for behavioral advertising purposes, please visit http://www.youronlinechoices.eu/.

Information We Collect from Other Sources

We may also obtain information from other sources and combine that with information We collect through our Service. We may collect information about You from other sources, such as data aggregators, public databases, and our business partners. Examples of this may include information (whether identified, de-identified or anonymous, and whether collected online or offline) about Your interests, demographic data, purchasing behavior, and Your activities online (such as websites visited and advertisements viewed).

Use of Information

Information We collect about You may be used by ASE and any of its service providers for various and broad purposes, including to:

  • provide, maintain and improve the Service;
  • process transactions and send You related information, including confirmations and receipts,
  • send You technical notices, updates, security alerts and support and administrative messages;
  • respond to Your comments, questions and requests and provide customer service;
  • communicate with You about products, services, offers, promotions, rewards, and events offered by ASE and others, and provide news and information We think will be of interest to You;
  • monitor and analyze trends, usage and activities in connection with our Service;
  • detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of ASE and others;
  • personalize and improve the Service and provide advertisements, content or features that match user profiles or interests;
  • customize the Content and advertising You view and evaluate how well the Content and advertising perform;
  • link or combine with information We get from others to help understand Your needs and provide You with better service; and
  • carry out any other purpose for which the information was collected.

Furthermore, in order to access certain aspects of the Service from Your Compatible Device, You may be required to share Your device’s precise location data (e.g., latitude and longitude) with Us. In addition to providing You with the Service, this also enables Us to serve You Content related to Your local area such as local sports programming, depending on availability. This data may also be used to tailor advertising to You based on Your location.

Sharing of Information

We may share information about You as follows or as otherwise described in this Privacy Statement:

  • with vendors, consultants and other service providers who need access to such information to carry out work on our behalf, such as third-party technology platform provider, Content providers and payment gateway providers who monitor, process and manage Your transactions, remit payments, and otherwise assist Us in providing the Service;
  • with third-party providers which supply ASE and You with technical support;
  • in response to a request for information if We believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
  • if We believe Your actions are inconsistent with the spirit or language of the Terms of Use or policies, or to protect the rights, property and safety of ASE or others;
  • in connection with providing, or otherwise offering for sale, audience measurement and facility statistics to third parties for any reason;
  • in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and
  • with Your consent or at Your direction, including if We notify You through our Service that the information You provide will be shared

in a particular manner and You provide such information.

We may also share aggregated or anonymized or pseudonymized information that does not directly identify You.

Third Party Policies

ASE may collaborate and have business relationships with other companies, for example, providers of channels, content and services, as well as providers of Compatible Devices that host ASE, who may also collect information from the ASE Service on the Compatible Device (“Third Party Channels”). This Privacy Statement does not cover the actions of these or any third parties, and ASE cannot control how such third parties may collect, use, or secure Your data. For information about a third party’s privacy practices, please consult the privacy statement of that third party. ASE is not responsible for the actions of such entities and their affiliates and disclaims all liability stemming from the actions of such entities and their affiliates.

Data Retention

We store the information We collect about You while in the EEA for as long as is necessary for the purposes for which We originally collected it. We may retain certain information for legitimate business purposes or as required by law.

Transfer of Information to the
U.S. and Other Countries

ASE is based in the United States and We may process and store information in the U.S. and other countries. As such, We and our service providers may transfer Your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as Your home jurisdiction. To the extent required by law, We will take steps to ensure that Your personal data receives an adequate level of protection in the jurisdictions in which We process it. If You are in the EEA, We will provide adequate protection for the transfer of personal data to countries outside of the EEA through a series of intercompany agreements based on the Standard Contractual Clauses authorized under EU law. You are entitled to obtain a copy of these agreements by contacting Us using the contact information below.

Residents of the European Economic Area

If You are a resident of the EEA, You have certain rights and protections under the law regarding the processing of Your personal data.

Legal Basis for Processing

If You are a resident of the EEA, when We process Your personal data We will only do so in the following situations:

  • when We need to use Your personal data to perform our responsibilities under our contract with You (e.g., processing payments for and providing the Services You have requested); and
  • when We have a legitimate interest in processing Your personal data. For example, We may process Your personal data to send

You marketing communications, to communicate with You

about changes to our Service, and to provide, secure, and improve our Service.

Data Subject Requests

If You are a resident of the EEA, You have the right to access personal data We hold about You and to ask that Your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that We restrict, certain processing. If You would like to exercise any of these rights, You may contact Us as indicated below.

Questions or Complaints

If You are a resident of the EEA and have a concern about our processing of personal data that We are not able to resolve, You have the right to lodge a complaint with the data privacy authority where You reside. For contact details of Your local Data Protection Authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data- protection-authorities/index_en.htm.

Consent

By using the Service, You consent to the collection, use, sharing, and processing of Your information as set forth in this Privacy Statement (as may be amended from time to time).

Security

ASE takes reasonable measures to help protect information about You from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

Your Choices

Account Information

We may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about You for a certain period of time.

Cookies

Most web browsers are set to accept cookies by default. If You choose to remove or reject cookies, this could affect the availability and functionality of our Service.

Promotional Communications

If You opt out of receiving promotional emails from or on behalf of ASE, We or our authorized third-party may still send You non-promotional communications, such as those about Your account or our ongoing business relations.

Mobile Push Notifications/Alerts

With Your consent, We may send promotional and non-promotional push notifications or alerts to Your mobile device.

Additional Choices for California Residents

If You are a California resident, You may be entitled to request certain information regarding our disclosure, if any, of personal information (such as Your name and contact information) to third parties who wish to contact You or send You promotional information about their products and services directly (as compared to when the third party is acting on our behalf or You have provided Your personal information as part of a co-promotion by ASE and the third party). If You are a California resident and would like to request a copy of information regarding our disclosure to third parties for their direct marketing purposes in the preceding calendar year, please send Us a letter at the contact address below.

Contact Us

If You have any questions about this Privacy Statement, please contact Us via email at privacy@sportsontapbar.com.