PRIVACY POLICY
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TSS Collective Holdings, Inc., a Delaware corporation d/b/a “The Sweet Spot”, on behalf of its affiliates and subsidiaries (collectively, “The Sweet Spot,” “us,” “we,” or “our”) has prepared this Privacy Policy (“Privacy Policy”) to describe to you as an individual, or if you represent an entity or other organization, that entity (in either case, “you” or “your”) our practices regarding the personal information that The Sweet Spot collects, uses, and shares on behalf of end users (“Users”) of our proprietary bicycle leasing platform (the “Platform”), the website available at https://www.thesweetspot.com/ or other websites operated by The Sweet Spot (each, a “Site”) our mobile and online applications provided by us and/or on our behalf (each, an “Application,” and each Site and Application are treated as a part of the “Platform” for purposes of this Privacy Policy), the information, data, reports, and other materials and content (“Content”) available through or otherwise provided by the Platform, and any features or functionality available through the Platform offered via each Site and Application (collectively, “Services”). Capitalized terms not defined in this Privacy Policy, shall have the respective meanings ascribed to them in the Terms of Service, located at https://www.thesweetspot.com/terms (“Terms of Service”).

The Sweet Spot reserves the right, at any time, to modify this Privacy Policy. If we make revisions that change the way we collect, use, or share personal information, we will post those changes in this Privacy Policy. You should review this Privacy Policy periodically so that you keep up to date on our most current policies and practices. We will note the “Last Updated” date of the latest version of our Privacy Policy at the end of this Privacy Policy. Your continued use of the Platform, Content, or Services following posting of changes constitutes your acceptance of all such changes.

1. COLLECTION OF PERSONAL INFORMATION
1.1. Personal information you may provide to us on or through the Platform, or otherwise includes:
• Account information, such as your username, password, and Registration Information that you set to establish an online Account with us, as well as your body dimensions as measured by one of our fitters for purposes of providing the right bike fit.
• Bicycle information, such as your ride data, device telemetry, location of each bike that you are leasing, and make, model, style, size, and dimensions of each such bike.
• Communications that we exchange, including when you contact us with questions, feedback, or otherwise.
• Contact details, such as your first and last name, email and mailing addresses, and phone number.
• Cookies and internet activity, such as text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, and helping us understand user activity and patterns.
• Geolocation data, such as precise physical location or movements in connection with any Application.
• Marketing data, such as your preferences for receiving communications about our Products, Services, activities, events, and publications, and details about how you engage with our communications.
• Payment and transactional data, such as the information needed to complete your Orders and registrations on or through the Service (which does not include credit card information, which is provided by you directly to our processing service provider, Stripe), and information about Products and Services you have leased and/or purchased from us.
• Other information that we may collect which is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed on the Platform at the time of collection.

1.2. Sources of Personal Information. We obtain personal information from the following categories of sources:
• Personal Information that You Provide. The Sweet Spot collects personal information when you voluntarily submit it to us.
• Personal Information that is Automatically Collected. In addition to personal information that we may receive directly from you, The Sweet Spot indirectly collects other information from you when we automatically log information about you, your computer or mobile device, and your activity over time on our Platform (or any portion thereof), and other sites and online services.
• Personal Information that is Obtained from Third Parties. The Sweet Spot may receive personal information about you from other third-party sources, including from business partners or data providers. We may merge or combine such personal information with the personal information we collect from you directly or automatically.

2. USE OF PERSONAL INFORMATIONThe Sweet Spot’s primary purpose in collecting personal information is to provide the Services and Content that you request on the Platform. The Sweet Spot may also use personal information for various purposes, including, without limitation:
• To fulfill your requests for selecting and purchasing Products and Services
• To establish and maintain your Account on the Platform.
• To understand and analyze the usage trends and preferences of our Users to make our Platform and Services better, diagnose technical issues, prevent fraud, and develop new features and functionality.
• To personalize your experience on and through the Platform and Services and to deliver information about offers relevant to your interests.
• To verify your identity or determine your eligibility for offers and promotions.
• To communicate with you, including responding to any of your requests or questions.
• To provide Users with maintenance and support including responding to requests for customer support or responding to your Feedback.
• To send you materials, updates, information, special offers, and promotional material from us and from other Users and our business partners using direct marketing or behavioral-based advertising.
• To respond to requests from law enforcement and as required by applicable law, court order, or government investigation.

3. SHARING OF PERSONAL INFORMATION In addition to the specific situations discussed elsewhere in this Privacy Policy, The Sweet Spot may share your personal information in the following circumstances:

3.1. Related Companies and M&A Transactions. We may share your personal information with companies that are affiliated with us (that is, that control, are controlled by, or are under common control with us). In addition, if we sell all or part of our business or make a sale or transfer of assets or are otherwise involved in a merger or business transfer, we may transfer your personal information to a third party as part of that transaction, including at the negotiation stage.

3.2. Consent. We may ask if you would like us to share your personal information with other unaffiliated third parties who are not described elsewhere in this Privacy Policy, and we may do so with your consent.

3.3. Legal Compliance. We may disclose personal information in response to subpoenas, warrants, or court orders, in connection with any legal process, and to comply with relevant laws. We may also share your personal information in order to establish or exercise our rights; to defend against a legal claim; to investigate, prevent, or take action regarding possible illegal activities or fraud; to protect the safety and security of other Users; and to prevent a violation of our Terms of Service.

3.4. Service Providers. We may share your personal information with third parties who perform services on our behalf that are necessary for the orderly operation of the Platform or Services. Among other things, service providers may help us perform website hosting, app design, maintenance services, database management, web analytics, app analytics, billing, payment processing, fraud protection, credit risk reduction, marketing, and any other use set out in this Privacy Policy.

3.5. Behavioral-Based Advertising Partners. We participate in behavioral-based advertising. This means that a third-party advertising company may use technology (e.g., a cookie) to collect information about your use of our Platform so that we can provide advertising about Products and Services tailored to your interests. That advertising may appear either on our Platform, or on other websites.

3.6. Chat. The Platform may provide you with the opportunity to chat. If you decide to submit personal information through chat, such personal information may be made available to other Users.

3.7. Referrals. Users may recommend that other third parties join the Platform by using the referral system we provide via the Platform or Services to refer such third parties or by otherwise providing their contact information. Users may also provide personal information about other Users of the Platform such as reviews of the Services or Products that they received, or reference information.

3.8. Text Messaging. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties
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4. SECURITY OF PERSONAL INFORMATION No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from the risks presented by unauthorized access or acquisition, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of any unauthorized access or acquisition of your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

5. YOUR CHOICES You can make the following choices regarding your personal information:

5.1. Modifications to Your Personal Information. We rely on you to update and correct the personal information contained in your Account. Note that we may keep historical information in our backup files as permitted by law. If our Platform does not permit you to update or correct certain personal information, please contact us as described below.

5.2. Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send newsletters, surveys, offers, and other promotional materials related to our Platform, as well as targeted offers from third parties. You can stop receiving promotional emails by clicking the “unsubscribe” links in the emails or by contacting us as described below. If you decide not to receive promotional emails, we may still send you service-related communications, such as those about your Account, to fulfill Orders you have submitted or offers you have requested, or to deliver notifications directly to you through the Platform.

5.3. Behavioral-Based Advertising. We participate in behavioral-based advertising. This means that a third party may use technology (e.g., a cookie) to collect information about your use of our Platform so that we can provide advertising about Products and Services tailored to your interests. That advertising may appear either on our Platform, or on other websites. If you wish to limit third parties’ collection of information about your use of our Platform, you can opt out of receiving behavioral-based advertising from participating NAI and DAA members at http://www.networkadvertising.org/managing/opt_out.asp or optout.aboutads.info, respectively. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above. ADDITIONALLY, PLEASE NOTE THAT OPTING OUT OF BEHAVIORAL ADVERTISING DOES NOT MEAN THAT YOU WILL NOT RECEIVE ADVERTISING WHILE USING THE PLATFORM. IT WILL, HOWEVER, EXCLUDE YOU FROM BEHAVIORAL-BASED ADVERTISING CONDUCTED THROUGH PARTICIPATING NETWORKS, AS PROVIDED BY THEIR POLICIES AND CHOICE MECHANISMS.

5.4. Do Not Track. Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

6. NOTICE TO CALIFORNIA RESIDENTS Under California Civil Code Sections 1798.83-1798.84, California residents who have an established business relationship with The Sweet Spot are entitled to ask us for a notice describing what categories of personal information we share with third parties for their direct marketing purposes. This notice will identify the categories of information shared with third parties and will include a list of the third parties with which it is shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit your request to the address listed in the Section titled “CONTACTING US” below.

7. OTHER SITES AND SERVICESThe Site may contain links to other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content (including, without limitation, Content) may be included on web pages or online services that are not associated with us. We do not control third-party websites or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use, and sharing of your personal information. We encourage you to read the privacy policies of the other websites and online services you use.

8. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION The Sweet Spot is based in the United States of America. If you are from a country outside of the United States of America with laws governing data collection, use, and disclosure that may differ from U.S. law and you provide personal information to us, please note that any personal information that you provide to us may be transferred to the United States of America. By providing your personal information, where applicable law permits, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in the Terms of Service.

9. CONTACTING USIf you have any questions or concerns about our Privacy Policy or any other privacy or security issue, please contact us at: support@thesweetspot.com

Last Updated: March 11, 2022