PLEASE READ THESE TERMS OF SERVICES (“TERMS”) CAREFULLY. Digital Media Share LLC, an Illinois limited liability company (“Taggable”, “Company”, “we”, “us”, or “our”) offers a platform (the, “Platform”) for you to search for, view, purchase, download, and share photographs and videos (“Digital Media”) taken of you while participating in unique experiences with various tour operators, attractions, concerts, and events (each, an “Experience”).  The Platform is accessible via a QR code provided by the operator (each, a “Operator”) of the experience you participated in and via our app or website located at: https://Taggable.com/ (collectively, the “Site”). The Platform and the services offered via the Site and Platform will be referred to as the “Services.”

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. BY SCANNING A QR CODE LINKING TO THE SERVICES, CLICKING ON THE “I ACCEPT” BUTTON, CREATING AN ACCOUNT, AND/OR ACCESSING OR USING THE SITE OR SERVICES, YOU (“USER” OR “YOU”) ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS DO NOT ACCESS AND/OR USE THE SITE OR SERVICES.

SUMMARY OF TERMS. These Terms govern your use Taggable’s Services and you should read these terms in their entirety; however, below are a few provisions we want to highlight for you:

• To purchase photos and videos, you need to create an Account.
• Using the Services requires that (i) you provide your name, email address, phone number, date of birth, zip code, and any other information we request, and (ii) you will need to consent to have your face scanned by facial recognition software.
• We only use the data from the facial recognition scan to provide the Services, and we do not save, share, or otherwise use such data. We also delete such data after we find your photos and videos in our database.
• By using the Services, you are granting a license to Taggable to share your name, email address, phone number, date of birth, zip code and any other information you provide us, including Account information, with Operators, and for such Operators to use such information for publicity and marketing purposes.
• We will grant you a broad irrevocable license to the photos and/or videos you purchase from us.
• All sales are final, and we do not provide refunds.
• These Terms are subject to change by Taggable, in its sole discretion, at any time.
• THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE BE AWARE THAT SECTION 11.1 OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR ACCESS AND/OR USE OF THE SITE OR Services WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF Illinois CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you sign up to use the supplemental Services. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Services. The Supplemental Terms are incorporated by reference into these Terms.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Company will make a new copy of the Terms available at the Site. We will also update the “Last Updated” date at the bottom of the Terms. If we make any material changes, and you have registered with us to create an Account (defined in Section 1.1 below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Services and Site visitors and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to existing users. Company may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

1. SERVICES AND ACCOUNTS
   1. How Services Operate. During Experiences, you may request and/or consent that Operators take videos and photographs of you (“Guest Media”). If you wish to purchase such Guest Media the Operator will provide you a QR code which you can scan on your mobile device. The QR code will send you to our Platform. You will need to register for an account (“Account”) and provide certain information about yourself as prompted by the account registration process. In creating an Account, we ask that you provide complete and accurate information about yourself. Certain features of the Services will prompt you to take a photograph of yourself, and consent to your face being scanned by facial recognition software.  If you do not consent to Taggable’s facial recognition scan of your face you may not use the Platform. Registering for an Account is required for use of certain aspects of the Services including purchasing Guest Media. You represent and warrant that: (a) all required registration information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by emailing support@Taggable.com. Company may suspend or terminate your Account in accordance with Section 10. By using the Services, you hereby grant Taggable the right to send certain information you provide to us, including your name, email, phone number, zip code, and date of birth (excluding your picture, unless you have given us permission) and other information you have provided us, including your Account information, to the Operator who submitted Guest Media to Taggable, for such Operator’s marketing and publicity purposes.
   2. Why and How We Use Facial Recognition Software.
      1. Quickly Identify Guest Media and Provide Personalized Service. We utilize the data from facial recognition scans to quickly filter through all the Digital Media we received from Operators to identify only those photographs and videos that contain images of you. This ensures that you will only spend time reviewing photographs and videos of you and not of other users.
      2. Safe and Secure Environment. We also utilize facial recognition scans to provide a safe and secure environment for you to review and purchase Guest Media. You will only be permitted to review and purchase Digital Media that our scans conclude contain images of you. Not only does this greatly reduce the time it takes you to review and select photos and videos for purchase, it also provides a safe, secure, and personalized review process by preventing third parties from reviewing and purchasing images of you.
      3. No other purpose and data deletion. Data we receive from facial recognition scans will only be used as described in subparts (a) and (b) of this Section 2 (provided we may disclose such data as permitted by our privacy policy). We do not save, share, or otherwise use data from facial recognition scans and all such data will be immediately deleted following our executed search of our databases for your Guest Media as described in subpart (a) of this Section.
   3. Account Responsibilities. Company prohibits the creation of, and you agree that you will not, create an Account for anyone other than yourself or for your own personal purposes. You may not impersonate someone else or provide an email address other than your own. You are responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company will not be liable for any loss or damage arising from your failure to comply with the above requirements.
   4. Age Requirements. You must be at least 18 years old to use the Services.


2. ACCESS TO THE SERVICES
   1. Grant of Rights. Subject to these Terms, Company grants you a non-transferable, non-sublicensable, non-exclusive, revocable, limited right to access the Site and to use the features and functionality of the Services to browse and purchase Guest Media and other items displayed on the Site or Services solely for your own personal use.
   2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, whether in whole or in part, or any content displayed on the Site or Services by Company; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. All copyright and other proprietary notices on the Site or Services (or on any content displayed on the Site or Service) must be retained on all copies thereof.
   3. Changes to the Services. Company is constantly changing and improving the Services. We may also need to alter or discontinue the Services, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Services that will have an adverse impact on the use of our Services. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Services, prevent abuse, or comply with legal requirements.
   4. Ownership. Excluding your User Content and Purchased Media (each defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to and/or use of the Site or Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. Using the Services does not give you ownership of or rights to any aspect of the Services, including any content displayed on the Site or Services by other users or Company.
   5. Open-Source. Some software used in our Services may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
   6. Feedback. You hereby grant to Company a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback you provide relating to the Services (“Feedback”). Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.


3. PRIVACY. Our Privacy Policy is located here. Please review the Privacy Policy to learn about:
   • What information we may collect about you;
   • What we use that information for; and
   • With whom we share that information.


4. CONTENT OF GUEST MEDIA
   1. User Content
      1. Generally. “User Content” means any and all information and content that a user makes available in connection with their use of the Services, including, but not limited to, text (such as comments), messages, and any videos, audio, graphics, photos, text, and other materials made available in connection therewith. You are solely responsible for your User Content. You assume all risks associated with use of your User Content. You represent and warrant that your User Content does not violate our Acceptable Use Policy.
      2. Removing User Content. You must remove your User Content if you no longer have the rights required by these Terms. If we reasonably believe that any of User Content is in breach of these Terms or may cause harm to Company, our users, or third parties, we may remove or take down that User Content in our discretion. We will use reasonable efforts to notify you with the reason for any such removal or take down unless we reasonably believe that to do so: (i) would violate the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Company; (ii) would compromise an investigation or the integrity or operation of the Services; or (iii) would cause harm to any user, other third party, or Company.
   2. License. You retain ownership rights in your User Content. However, we do require you to grant certain rights to Company, as described below. By making available User Content in connection with your use of the Services, you grant to Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use your User Content (including to reproduce, distribute, prepare derivative works, display and perform it) for the purposes of promoting, operating, providing, and improving the Services to and for you and our other users. The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your User Content from the Services. You understand and agree, however, that Company may retain, but not display, distribute, or perform, server copies of your User Content that have been removed or deleted.
   3. Purchased Media and Licenses.
      1. Purchased Media. If you decided to purchase Guest Media from Taggable, subject to your compliance with these Terms (including payment of all applicable fees), Taggable hereby grants to you an irrevocable, nonexclusive license to reproduce, distribute, create derivative works of, perform, and display such Guest Media (“Purchased Media”). The Platform will permit you download any Purchased Media for up to thirty (30) days after your purchase. After such thirty-day period, Taggable may delete the Purchased Media from its databases unless you have purchased media storage from Taggable. You acknowledge and agree that images of you may be in the background of other user’s Purchased Media.
      2. Publicity Release. After a completed sale of Purchased Media, we may send you an email requesting that you grant us and the Operator a release to use your Purchased Media for any lawful purpose, including publicity and marketing purposes. If you agree to a publicity release (in response to the email or otherwise), the following applies:
         

         You hereby irrevocably grant to Taggable, its affiliates, and each of their successors, designees, licensees, and assigns, a royalty-free, worldwide, non-exclusive, perpetual, transferable, sub-licensable (including to Operators) license to use, copy, create derivative works of, distribute, publicly perform, and publicly display your image, photograph, videos, name, likeness, voice, or recording of any Purchased Media (“Licensed Media”) and any portion thereof in connection with Taggable’s and or sublicensee’s (including Operators) marketing, promotion, advertisement, publication, and/or merchandising purposes, and other lawful purposes; throughout the world, through multiple levels of sublicensees, in any and all formats, and media, now known and hereafter devised. You understand that you will not have any right of approval or receive any compensation as a result of any use of the Licensed Media as described in this release. You waive any moral rights, rights of privacy and rights of publicity that exist now or that may be created in the future with regard to the Licensed Media and any derivative works thereof.  No use of Licensed Media shall be the basis of any claim of any kind against Taggable or its employees, officers, directors, agents, successors, licensees and assigns, nor shall this release be made the basis of any such claim. This release shall be binding on you, your heirs, representatives, successors and assigns. You hereby represent and warrant that you have read and fully understands the terms of this release, and have the full right and authority to enter into this release.

      3. Deletion of Guest Media. Taggable may delete all Guest Media we have in our possession, including Purchased Media, thirty (30) days after your purchase of any Guest Media. If you do not choose to purchase any Guest Media, all such Guest Media will be deleted thirty (30) days after it was submitted to Taggable by the applicable Operator.
   4. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
      1. You agree not to use the Services in any manner that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; or (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
      2. You agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) use the Services to harvest, collect, gather or assemble information or data regarding other users; (iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (iv) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (v) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services; or (vii) misuse any reporting, flagging, complaint, dispute, or appeals process made available via the Services, including by making groundless, vexatious, or frivolous submissions.


5. FEES AND PAYMENTS
   1. Orders
      1. Orders. Users are responsible for the payment of all applicable fees for any orders placed via the Services via our Payment Processors (defined in Section 5.3 below) in accordance with the fees, charges, and billing terms in effect at the time an order is placed. You must provide the applicable Payment Processor with a valid credit card (e.g., Visa or MasterCard) or other accepted payment method (e.g., Apple Pay) (each provider of such a payment method, a “Payment Provider”). Your Payment Provider agreement governs your use of the designated payment method, and you must refer to that agreement and not these Terms to determine your rights and liabilities. By providing the applicable Payment Processor with your payment method and associated payment information, you agree that such Payment Processor is authorized to charge your payment method for all orders placed via the Service.
      2. Order Terms. Operators may offer you promotions or discounts to be applied to your purchase of Guest Media. We will only honor such discounts and/or promotions that we have formally agreed to with the Operator. You should contact the applicable Operator if you have any questions regarding a promotion or discount before purchasing Guest Media. All sales are final, and we do not offer refunds.
   2. Taxes. Company’s fees are net of any applicable Sales Tax, and if any Services, or payments for any Services, under these Terms are subject to Sales Tax in any jurisdiction Company may add such Sales Tax to your purchase. If Sales Taxes are added to your purchase you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Company for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this Section 5.2, “Sales Tax” will mean any sales or use tax, and any other tax measured by sales proceeds, that Company is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. You agree to make all payments of fees to Company free and clear of, and without reduction for, any withholding taxes.
   3. Payment Processing. Company currently uses and reserves the right to continue using third party payment providers (“Payment Processors”). Your making of any electronic payment through any Payment Processor is also governed by the applicable Payment Processor’s terms of service. You must provide accurate and complete payment information and you authorize us to share this information with the applicable Payment Processor and authorize Company and the Payment Processors to share any information and payment instructions you provide to the extent required to complete the payment services. All payment information is sent directly to and stored with the applicable Payment Processor using their security protocols. Company does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. We may change or add other Payment Processors at any time with or without notice to you, and your use of payment services via such Payment Processors may be subject to additional terms or conditions.


6. INDEMNIFICATION. To the extent permitted by applicable law, you agree to indemnify and hold Company (and its officers, directors, employees, and agents) harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from (a) your use of or access to the Site and/or Services, (b) your User Content, (c) your violation of these Terms; or (d) your violation of applicable laws, rules or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.


7. THIRD-PARTY LINKS; OTHER USERS; NO SOLICITATION; AND RELEASE
   1. Third-Party Links. The Services may contain links to third-party websites and online services that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Services; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
   2. Operators and Release. The Services can be used to purchase Guest Media taken/recorded by Operators; however, Company makes no warranties or representations whatsoever with regard to any goods or services provided by Operators. If you have a dispute with an Operator you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.


8. DISCLAIMER

   OTHER THAN AS EXPRESSLY STATED IN THESE TERMS OR AS REQUIRED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND COMPANY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. COMPANY AND OUR SUPPLIERS MAKE NO WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICES (INCLUDING DIGITAL MEDIA); (B) THE SPECIFIC FEATURES OF THE SITE OR SERVICES, OR THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; (C) THAT ANY USER CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICES; OR (D) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.



9. LIMITATION ON LIABILITY

   YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COMPANY (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) BE LIABLE FOR ANY LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR SERVICES OR THESE TERMS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

   
   

   COMPANY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR SERVICES OR THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS (U.S. $50), AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

   
   

   THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.



10. ACCOUNT SUSPENSION AND TERMINATION
    1. Termination by You. You may stop using the Services at any time. You may delete your Account at any time, for any reason, by emailing support@Taggable.com, which may involve the removal of all data in your Account.
    2. Termination and Suspension by Company. Company may suspend or terminate your access, your Account, or your Account’s access to all or part of the Site and/or Services if (a) you materially or repeatedly breach these Terms; (b) we are required to do so to comply with a legal requirement or a court order; (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, or Company; or (d) Company believes, in its sole discretion, that provision of the Services to you is no longer commercially viable.
    3. Notice for Termination or Suspension. We will notify you with the reason for termination or suspension by Company unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Company; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, or Company.
    4. Effect of Termination or Suspension. If your Account is terminated or your Account’s access to the Services is restricted, you may continue using certain aspects of the Services (such as viewing only) without an Account, and these Terms will continue to apply to such use. If you believe your Account has been terminated in error, you can contact us at support@Taggable.com. You understand that any termination of your Account may involve deletion of your User Content and Guest Media (including any Purchased Media) associated with your Account from our live databases. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2, 2.4, 2.6, and 4 –11.


11. GENERAL
    1. Dispute Resolution. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us.
       1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site and/or Services or to any aspect of your relationship with Company, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms or any prior version of these Terms.
       2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send us a letter requesting arbitration and describing your claim which should be sent to, Attn: Digital Media Share LLC, Attn: Arbitration Request, 321 N Loomis St., Suite 101, Chicago, IL 60607. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Company will pay them for you. In addition, Company will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
       3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
       4. Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 11.1(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
       5. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts located in the State of Colorado. All other claims shall be arbitrated.
       6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to support@Taggable.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Company username (if any), the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
       7. Severability. Except as provided in subsection 11.1(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
       8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
       9. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at support@Taggable.com.
    2. International Users. The Site and/or Services can be accessed from countries around the world and may contain references to Services that is not available in your country. These references do not imply that Company intends to announce such Services in your country. The Site and Services are controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Site and/or Services are appropriate or available for use in other locations. Those who access or use the Site and/or Services from other countries do so at their own volition and are responsible for compliance with local law.
    3. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in the State of Illinois.
    4. Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Illinois, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
    5. Export. The Site and/or Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
    6. Electronic Communications. The communications between you and Company use electronic means, whether you use the Site and/or Services or send us emails, or whether Company posts notices on the Site and/or Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
    7. Notice. Where Company requires that you provide an e-mail address, you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. Except as otherwise noted, you may give notice to Company at the following address: Digital Share LLC, Attn: Legal – Terms of Service, 321 N Loomis St, Suite 101 Chicago, IL 60607, or email address: support@Taggable.com. Such notice shall be deemed given when received by Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address or, with respect to emails, upon confirmation that the email was received.
    8. Force Majeure. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, pandemic, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    9. Entire Agreement. These Terms constitute the entire agreement between you and us regarding the access to or use of the Site and/or Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
    10. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Site or Services, please contact us at support@Taggable.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
    11. Copyright/Trademark Information. All trademarks, logos, and service marks (“Marks”) displayed on the Site or within the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
    12. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    13. Contact Information:

        Digital Media Share LLC, dba Taggable
        Attn: Legal – Terms of Service
        321 N Loomis St, Suite 101
        Chicago, IL 60607
        support@Taggable.com
        Last Updated: March 19, 2021

Effective Date: March 20, 2021

Welcome to Taggable. This “Privacy Policy” describes the privacy practices of Digital Media Share LLC,  an Illinois limited liability company (“Taggable,” “Company”, “we”, “us”, or “our”) in connection with the www.Taggable.com and www.app.taggable.com websites (the “Site”), the Company mobile application (the “App”), and any other website or mobile application that we own or control and which posts or links to this Privacy Policy (collectively, the “Service”), and the rights and choices available to individuals with respect to their information. Company may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information. These supplemental privacy policies will govern how we may process the information in the context of the specific product or service.

Table of Contents

• Summary of Privacy Policy
• Personal Information We Collect
• How We Use Your Personal Information
• How We Share Your Personal Information
• Biometric Data
• Your Choices
• Other Sites, Mobile Applications, and Services
• Security Practices
• International Data Transfers
• Children
• Changes to This Privacy Policy
• How to Contact Us
• Information for California Residents – Your California Privacy Rights

Summary of Privacy Policy

You should read the entirety of this Privacy Policy; however, here are some key points you should be aware of:

• Our Privacy Policy describes the personal data we collect from you, how we use it and the circumstances in which we share your data.
• To use the Service, and to purchase photos and videos from us, you will need to consent to have your picture scanned by facial recognition software.
• We only use the data from the facial recognition scan to provide our services, and we do not retain or share such data. We also delete such data after we find your photos and videos in our database.
• If you create an account with us, we may share your account information (name, email, phone number, date of birth (excluding your picture, unless you have given us permission)) with the Operator who took your picture and/or video. If you agree to give Taggable and/or the Operator a publicity release, you are also granting Taggable and the applicable Operator a license to use such information for publicity and marketing purposes.
• If you would like to correct or delete certain personal data we have collected about you through the Service, you may contact us at: support@Taggable.com and we will use reasonable efforts to comply with your request.
• The Privacy Policy contains a California privacy notice for users that are California residents.

Personal Information We Collect

Information you provide to us. Personal information you provide to us through the Service or otherwise includes:

• Account and set up information, such as your account registration information, username, password, first and last name, email, phone number, date of birth, zip code, your photograph, and account activity information.
• Content you choose to upload to the Service, such as text, images, audio, and video, along with the metadata associated with the files you upload.

• Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.
• Financial information, payment card information or other payment method.
• Marketing information, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.
• Transaction information, such as information about payments from you and other details of products or services you have purchased from us.
• Usage information, such as information about how you use the Service and interact with us, including information associated with any content you submit to us, and information you provide when you use any interactive features of the Service.
• Precise geolocation information, your photos and/or videos may include (i) metadata and (ii) recognizable landmarks and building, which may identify where and when a photo and/or video was taken.
• Biometric Data. We create facial recognition data from your photograph as described below.
• Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information We Obtain from Social Media Platforms. We may maintain pages for our Company on social media platforms, such as Facebook, LinkedIn, Twitter, Google, YouTube, Instagram, and other third-party platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use, and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.

If you choose to log in to the Service via a third-party platform or social media network, or otherwise connect your account on the third-party platform or network to your account through the Service, we may collect information from that platform or network. For example, this information may include your Facebook username, user ID, profile picture, cover photo, and networks to which you belong. You can read more about your privacy choices in the “Third party platforms or social media networks” portion of the “Your Choices” section of this Privacy Policy.

Information We Obtain from Other Third Parties. We may receive personal information about you from third-party sources. For example, a business partner and/or Operators may share your contact information with us if you have expressed interest about our products or services, or the types of products or services we offer. We may obtain your personal information from other third parties, such as marketing partners, publicly-available sources, and data providers.

Cookies and Other Information Collected by Automated Means. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Service, including but not limited,  your computer or mobile device operating system type and version number, manufacturer and model, carrier and network type, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type and language, screen resolution, IP address (which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device), the website you visited before and after browsing to our website, general location information such as city, state, or geographic area; information about your use of and actions on the Service, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access; and other personal information. Our service providers and business partners may collect this type of information over time and across third-party websites and applications.

On our webpages, this information is collected using cookies, browser web storage (also known as locally stored objects, or “LSOs”), Flash-based LSOs (also known as “Flash cookies”), web beacons, and similar technologies, and our emails may also contain web beacons. In our mobile application, we may collect this information directly or through our use of third-party software development kits (“SDKs”). SDKs may enable third parties to collect information directly from our App.

A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. Browser web storage, or LSOs, are used for similar purposes as cookies. Browser web storage enables the storage of a larger amount of data than cookies. A “web beacon,” also known as a pixel tag or clear GIF, is typically used to demonstrate that a webpage was accessed or that certain content was viewed, typically to measure the success of our marketing campaigns or engagement with our emails and to compile statistics about usage of our websites. An SDK is third-party computer code that we may incorporate into our mobile applications that may be used for a variety of purposes, including to provide us with analytics regarding the use of our mobile applications, to integrate with social media, add features or functionality to our app, or to facilitate online advertising.

We may also use Flash LSOs on our website to collect and store information about your use of our website. Unlike cookies, Flash LSOs cannot be removed or rejected via your browser settings. If you do not want Flash LSOs stored on your computer or mobile device, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions. Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of Flash applications that we may use in connection with our website.

Web browsers may offer users of our websites or mobile apps the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. Please see the “Targeted Online Advertising” section for information about how to exercise choice regarding the use of browsing behavior for purposes of targeted advertising.

Referrals. Users of the Service may have the opportunity to refer friends or other contacts to us. If you are an existing user, you may only submit a referral if you have permission to provide the referral’s contact information to us so that we may contact them.

Third Party Analytics.

We use third-party analytics services (such as Google Analytics and Facebook Analytics) to evaluate your use of the Service, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Service and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Service, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on Google Analytics and Facebook Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics and https://analytics.facebook.com/. Please be advised that if you opt out of any analytics service, you may not be able to use the full functionality of the Service.

How We Use Your Personal Information

We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

To Operate the Service. We use your personal information to:

• provide, operate, and improve the Service
• market and provide information about our products and services
• establish and maintain your user profile on the Service
• facilitate your login to the Service via third-party identity and access management providers, such as Facebook
• enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in
• communicate with you about the Service, including by sending you notifications, announcements, updates, security alerts, and support and administrative messages
• understand your needs and interests, and personalize your experience with the Service and our communications
• provide support and maintenance for the Service
• to respond to your requests, questions, and feedback

For Research and Development. We analyze use of the Service to analyze and improve the Service and to develop new products and services, including by studying use of the Service.

To Send You Marketing and Promotional Communications. We may send you Company-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communicationsas described in the “Opt out of marketing” section below.

To Display Advertisements. We work with advertising partners to display advertisements on the Service or elsewhere online. These advertisements are delivered by our advertising partners and may be targeted based on your use of the Service or your activity elsewhere online. To learn more about your choices in connection with advertisements, please see the section below titled “Targeted online advertising.”

To Comply with Laws. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For Compliance, Fraud Prevention, and Safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to:(a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

With Your Consent. In some cases, we may specifically ask for your consent to collect, use, or share your personal information, such as when required by law.

To Create Anonymous, Aggregated, or De-identified Data. We may create anonymous, aggregated, or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated, or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated, or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

How We Share Your Personal Information

We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:

Affiliates. Although we currently do not have a corporate parent, subsidiaries, affiliates, or other companies under a common control (collectively, “Affiliates”), we may in the future. We may share your personal information with these Affiliates for purposes consistent with this Privacy Policy.

Service Providers. We may share your personal information with third-party companies and individuals that provide services on our behalf or help us operate the Service (such as customer support, hosting, analytics, payment processing, service delivery, email delivery, marketing, and database management services). These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.

Operators. We may share your account information and other information you share with us including, but not limited to your name, email, phone number, date of birth, zip code (excluding your picture, unless you have given us permission)) with the operators of the experiences you participated in and who took your picture and/video during such experiences (each, an “Operator”). Operators may use such information for marketing and publicity purposes, however, please review the applicable Operators’ privacy policy for a more detailed review on how they may use your personal information.

Partners. We may sometimes share your personal information with our partners or enable such partners to collect information directly via our Service.

Third-Party Platforms and Social Media Networks. If you have enabled features or functionality that connect the Service to a third-party platform or social media network (such as by logging in to the Service using your account with the third-party, providing your API key or similar access token for the Service to a third party, or otherwise linking your account with the Service to a third-party’s services), we may disclose the personal information that you authorized us to share. We do not control the third party’s use of your personal information.

Professional Advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.

For Compliance, Fraud Prevention, and Safety. We may share your personal information with law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your, or others’ rights, privacy, safety, or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate, and deter against fraudulent, harmful, unauthorized, unethical, or illegal activity.

Business Transfers. We may sell, transfer, or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization, or sale of assets, or in the event of bankruptcy or dissolution.

Biometric Data

Consent. You will be prompted to take a photograph of yourself, and consent to your face being scanned by facial recognition software.

Purpose for Collection. We only use biometric data received from facial recognition scans to provide the Service. We utilize such data to find photos (and videos, if applicable) in our database that contain images of you, for you to purchase, and to prevent others from reviewing and purchasing photos and videos of you. You will only be permitted to review and purchase media that our scans conclude contain images of you.

Disclosure. We will not disclose any biometric data to any third party without:

• First obtaining your written consent to such disclosure;
• Disclosure is required by state or federal law or municipal ordinance; or
• Disclosure is required pursuant to a warrant or subpoena.

Retention. We do not retain biometric data from facial recognition scans after you complete your transaction, and all such data will be deleted when the first of the following occurs:

• Within 30 days after the date your transaction is complete; or
• Within 3 years of your last interaction with Taggable.

Data Storage and Security. We use a commercially reasonable standard of care to store, transmit, and protect from disclosure any biometric data collected through facial recognition scans. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same as or more protective than the manner in which we store, transmit and protect from disclosure other confidential and sensitive information, including personal information that can be used to uniquely identify an individual.

Your Choices

In this section, we describe the rights and choices available to all users.

Access or Update Your Information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.

Opt Out of Marketing Communications. You may opt out of marketing-related emails from us by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at privacy@Taggable.com. You may continue to receive service-related and other non-marketing emails.

Cookies and Browser Web Storage. We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Service and third-party websites. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Service may not work properly. Similarly, your browser settings may allow you to clear your browser web storage.

Targeted Online Advertising. Some of the business partners that collect information about users’ activities on or through the Service may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.

Users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. Users of our mobile applications may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, and selecting the user’s choices. 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.

In addition, your mobile device settings may provide functionality to limit our, or our partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device.

If you choose to opt-out of targeted advertisements, you will still see advertisements online, but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. 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

Choosing Not to Share Your Personal Information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Service to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services. We will tell you what information you must provide to receive the Service by designating it as required at the time of collection or through other appropriate means.

Third-Party Platforms or Social Media Networks. If you choose to connect to the Service via a third-party platform or social media network, you may have the ability to limit the information that we may obtain from the third-party at the time you login to the Service using the third-party’s authentication service or otherwise connect your account. Subsequently, you may be able to control your settings through the third-party’s platform or service. For example, you may access and change your settings through the Facebook settings page for Apps and Websites. If you withdraw our ability to access certain information from a third-party platform or social media network, that choice will not apply to information that we have already received from that third-party.

Other Sites, Mobile Applications, and Services

The Service may contain links to other websites, mobile applications, and other 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 may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third-party websites, mobile applications, or online services, and we are not responsible for their actions. Other websites, mobile applications 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, mobile applications, and online services you use.

Third-Party Payment Processor

We use a third-party payment processor to process payments made to us. In connection with the processing of such payments, we do not retain any personal information or any financial information such as complete credit card numbers. Rather, all such information is provided directly to our third-party processor, Payroc, whose use of your personal information is governed by their privacy policy, which may be viewed at https://payroc.com/privacy-policy/.

Security Practices

The security of your personal information is important to us. We employ a number of organizational, technical, and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

International Data Transfers

We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.

Children

The Service is not directed to, and we do not knowingly collect personal information from, anyone under the age of 13. If a parent or guardian becomes aware that their child has provided us with information without their consent, then he, she, or they should contact us. We will delete such information from our files as soon as reasonably practicable. We encourage parents with concerns to contact us.

Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the effective date above and posting it on the Service. We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email (if you have an account where we have your contact information) or another manner through the Service.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

How to Contact Us

Please direct any questions or comments about this Policy or privacy practices to privacy@Taggable.com. You may also send us a message through our website’s contact page by visiting www.taggable.com/contact. Additionally, you may write to us via postal mail at:

Digital Media Share LLC
Attn: Legal – Privacy
321 N Loomis St., Suite 101, Chicago, IL 60607

Information for California Residents – Your California Privacy Rights

If you are a California resident, you have the following rights:

• Information. To request that we disclose the following information about our collection and use of your personal information during the past 12 months:
  • The categories of personal information that we have collected about you;
  • The categories of sources from which personal information is collected;
  • The business or commercial purpose for collecting or selling personal information;
  • The categories of third parties with whom we share your personal information;
  • Whether we have disclosed your personal information for a business purpose, and if so, the categories of personal information received by each category of recipient; and
  • Whether we have sold your personal information, and, if so, the categories of personal information received by each category of recipient.
• Access. To request a copy of the personal information that we have collected about you during the past 12 months.
• Deletion. To request that we delete personal information about you that we have collected from you.
• Opt Out of Sales. To direct us not to sell your personal information if we do, and if you are under 16 years of age, we are required to ask for affirmative authorization from you to sell your personal information before we do so.
• Nondiscrimination. To exercise your rights described above free from discrimination, such as denial of goods or services; price/rate increases for goods or services (including through grants of discounts/benefits or imposing penalties); decreases in service quality; or suggesting that such discriminatory acts may occur if you exercise your rights. However, a difference in price or service quality is not discriminatory if reasonably related to the value to our business of the personal information we are unable to use due to the exercise of your rights, and we may offer you certain financial incentives that can result in different prices, rates, or service quality.
• Financial Incentive Program Disclosures. To receive a clear description of the material terms of any program involving financial incentives for the collection, sale, or deletion of your personal information, and decide if you want to consent to be entered in it (you can revoke this consent at any time).

How to Exercise Your Rights.

You may exercise the rights described above as follows:

• • Right to Opt Out of Sales
    • Emailing: privacy@Taggable.com
  • Right to Information, Access, and Deletion

You may exercise the information, access, and deletion rights described above by submitting a verifiable request to us by:

• Emailing: privacy@Taggable.com

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child under 18.

The verifiable request must:

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

These rights are not absolute, are subject to exceptions, and we may be required or permitted by law to decline your request.

Personal Information That We Collect, Use, and Share

The chart below provides information that we are required to give you under California law about the categories of personal information that we have collected, used and shared in the twelve (12) months preceding the last update of this Privacy Policy. See above for a description of the sources of the personal information we collect, as well as the business and commercial purposes for which we collect, use, and share this information.

Category*	Do we collect this info?	Do we share this info with third parties for business purposes?**	Do we “sell” this info?***
Identifiers	Yes	Yes	Yes
Online Identifiers	Yes	Yes	No
CA Customer Records Categories	Yes	Yes	Yes
Protected Classification Characteristics	No	No	No
Commercial Information	Yes	Yes	Yes
Biometric Information	Yes	No	No
Internet or Network Information	Yes	Yes	No
Geolocation Data	No	No	No
Sensory Information	Yes	No	No
Professional or Employment Information	No	No	No
Education Information	No	No	No
Inferences	No	No	No
Other Personal Information	No	No	No

* For a description of these categories, see the definition of Personal Information in section 1798.140(o)(1) of the California Consumer Privacy Act.

** See the section of our Privacy Policy titled “How We Share Your Personal Information” for a description of the business purposes for which we disclose your personal information and the categories of third parties to which we disclose it.

*** Our use of your personal data in a manner that may constitute a “sale” under California law is for analytics, marketing, and advertising purposes.In addition to these rights, as provided by California Civil Code section 1798.83, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our Affiliates and/or third parties, such as restaurants, for marketing purposes, and providing contact information for such Affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us via email at: privacy@Taggable.com. You must put the statement "Your California Privacy Rights" in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.