spindy® Mobile Application Privacy Policy

Last Updated: October 12, 2015

Thank you for accessing the spindy® Mobile Application (“App”) as made available by GameIQ, Inc. (“spindy®,” “we,” “our” or “us”). Capitalized terms not defined herein shall have the meaning set forth in the spindy® Mobile Application End-User License Agreement and Terms and Conditions (“EULA”). This spindy® Mobile Application Privacy Policy (“Privacy Policy”) covers our treatment of personal information and other information that we collect when end-users (“Users”): (a) register to download and/or use the App; (b) access and browse certain cash-back reward offers, coupons, discounts and other rebates (collectively, “Rewards”) as made available by participating third-party merchants, retailers and other businesses (collectively, “Merchants”) when offered in connection with the purchase of that Merchant’s products and/or services (“Merchant Products”); (c) search, based on the User’s search criteria, for participating Merchants offering Rewards in a given geographical area, using geo-location technology (“Merchant Search”); (d) check-in and claim a Reward after the User has purchased (and confirmed the purchase of) the applicable Merchant Product(s); (e) spin the spindy® Rewards carousel (“spindy® Carousel”) to determine the amount of the Reward that a User has obtained; (f) access that User’s spindy® Offerings account (“Account”), view that User’s past Rewards activity (up to a period of ninety (90) days prior), Account information and select methods to receive Rewards payments (collectively, “Account Settings”); (g) access and browse certain content made available by spindy® and participating Merchants (“Content”); and (h) share certain App recommendations, Rewards activity and/or other App features and/or usage, where applicable (“Social Media Interaction”), via that User’s accounts on various third-party hosted and operated social media websites, such as Facebook® (collectively, “Social Media Sites”).

For purposes of this Privacy Policy, the App, Rewards, Merchant Search, spindy® Carousel, Account Settings, Content and Social Media Interaction shall be referred to, collectively, as the “spindy® Offerings.”

Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Please be advised that spindy® is not in any way affiliated with Facebook, and the spindy® Offerings are not endorsed, administered or sponsored by Facebook.

Your California Privacy Rights

If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: privacy@spindyapp.com; send mail to: 5901 Priestly Drive, Suite 204, Carlsbad, CA 92008; or call us at: (619) 363-4219.

Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please e-mail us at: privacy@spindyapp.com; send mail to: 5901 Priestly Drive, Suite 204, Carlsbad, CA 92008; or call us at: (619) 363-4219. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law. Personally Identifiable Information Collected

spindy® collects certain personally identifiable information from you when you download the App and/or utilize certain of the spindy® Offerings including, without limitation, your: (a) user name and password; (b) full name; (c) e-mail address; (d) mailing address; (e) telephone number; (f) bank account number and routing number (where you elect to receive your Rewards via direct deposit to your bank account); and/or (g) any other information requested by spindy® on the Form (collectively, “Form Registration Data”). Where a User accesses certain of the spindy® Offerings using her/his Facebook® account, spindy® may collect some or all of the following (depending on the User’s Facebook® account settings and the discretion of Facebook®): (i) the User’s e-mail address; (ii) the information listed in the “About Me” section of the User’s Facebook® account; (iii) the “interests” associated with the User’s Facebook® account; (iv) the User’s Facebook® account ID and the “likes” associated with the User’s Facebook® account; and (v) any other information collected via the Facebook® account interface, depending on the User’s Facebook® account settings (collectively, “Facebook® Registration Data,” and together with the Form Registration Data, the “Registration Data”). For purposes of this Privacy Policy, your bank account number and routing number shall be considered “Sensitive Information.” In addition, we may collect information regarding the Rewards you received, as well as other data related to your spindy® Offerings usage (collectively, “Usage Data”). We may also collect certain portions of your personal information when you otherwise agree to the terms of this Privacy Policy, but do not complete the App Download process in full. Use of Personally Identifiable Information

By submitting your personal information by and through the spindy® Offerings, you agree that we may share, sell, rent, lease or otherwise provide that personal information (other than Sensitive Information) to any third party for any purpose, and we may work with other businesses to bring selected retail opportunities to our Users. These businesses and third parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers and mobile marketers (where permitted by applicable law); and (d) direct marketers.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ personal information as needed to perform their functions for us, but we do not permit them to use User personal information for other purposes.

We will also use your personal information (including Usage Data) for customer service, to provide you with information that you may request, to customize your experience with the spindy® Offerings and/or to contact you when necessary in connection with your use of the spindy® Offerings. We may also use your personal information (including Usage Data) for internal business purposes, such as analyzing and managing our business including, without limitation, the spindy® Offerings. We may also combine the information we have gathered about you with information from other sources.

By submitting your personal information by and through the spindy® Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the spindy® Offerings, and your consent simply allows spindy® to contact you via these means. Further, you agree that we reserve the right to share, sell, rent, lease and/or otherwise distribute your mobile telephone and other mobile data with/to any third-party for any and all non-marketing uses permitted by this Privacy Policy and applicable law.

We reserve the right to release current or past Registration Data and other personal information: (i) in the event that we believe that the spindy® Offerings are being or have been used in violation of the EULA or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (iii) if spindy® is sold, merged or acquired; provided, however, that if spindy® is involved in a merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the App interface of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.

Moreover, you hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law including the CAN-SPAM Act of 2003, as amended from time to time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.

Social Media Sites

If you engage in any Social Media Interactions regarding your usage of the spindy® Offerings, including associated Rewards received, by and through Social Media Sites, you should be aware that the personal information that you submit by and through such Social Media Sites can be read, collected and/or used by other users of these forums (depending on your privacy settings associated with such Social Media Sites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire. We are not responsible for the personal information that you choose to submit in these forums.

The Social Media Sites operate independently from spindy®, and we are not responsible for such Social Media Sites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Sites with which you interact to help you understand those Social Media Sites’ privacy practices. If you have questions about the security and privacy settings of any Social Media Sites that you use, please refer to their applicable privacy notices or policies.

Non-Personal Information Collection and Use

Mobile Device and App Usage Information

We may collect certain non-personally identifiable information about you and your mobile device when you visit many of the pages of the App. This non-personally identifiable information includes, without limitation, the following information pertaining to your Mobile Device, your location and your use of the App: mobile device platform type; SDK version; timestamp; API key (identifier for the App); App version; mobile device identifier; iOS Identifier for Advertising; iOS Identifier for Vendors; Media Access Control (MAC) address; International Mobile Equipment Identity (IMEI); the model type, manufacture and OS version of the mobile device; your App session start/stop time; your time zone; and network status (WiFi, etc.). We use the non-personally identifiable information that we collect to improve the design and content of the App and to enable us to personalize your App experience. We also may use this information in the aggregate to analyze App usage, as well as to offer you products and services.

Geolocation Tracking

spindy® may use geolocation technology to track App Users’ locations for the sole purpose of facilitating the Merchant Search functionality and for assisting Users in locating participating Merchants in their geographical proximity.

Cookies

When a User activates the App, we send one (1) or more cookies, png files, jpeg files and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable User’s Mobile Device. Cookies have many benefits to enhance your experience with the spindy® Offerings. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the spindy® Offerings, including for storing User preferences, improving ad selection and tracking User trends (such as pages opened and App session length). Most mobile devices are initially set up to accept Cookies, but you can reset your mobile device to refuse all Cookies or to indicate when a cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your mobile device’s Internet browser. While a User may still use the App in a very limited capacity when she/he rejects a Cookie, such User will not be able to utilize most features of the spindy® Offerings. We reserve the right to retain Cookie data indefinitely.

Google Analytics is a Web analysis service provided by Google, which plants a permanent Cookie on your Mobile Device to identify you as a unique User when you use the App. Google Analytics collects only the IP address assigned to you on the date that you use the App, rather than your name or other identifying information. We use Google Analytics to collect information about use of the App, such as how often Users use the App, as well as their session durations, in-screen activities, Mobile Device models/operating systems and geographical locations. We use the information gathered from Google Analytics only to improve the App and do not combine the information collected through the use of Google Analytics with personally identifiable information. Google shares the information gathered from Google Analytics with other Google services and may use the information collected to contextualize and personalize its own advertising network. Google’s ability to use and share information collected by Google Analytics about your access and use of the App is restricted by the  Google Analytics Terms of Service and Google Privacy Policy. You can prevent Google Analytics from recognizing you when you open the App by disabling and rejecting Cookies.

Behavioral Tracking

Neither spindy®, nor any third parties, place cookies or other tracking technology in the App that tracks Users’ activities after they leave the App.

Third Party Links

The spindy® Offerings may contain links to other third-party owned and/or operated mobile websites including, without limitation, Social Media Sites. spindy® is not responsible for the privacy practices or the content of such websites. In some cases, you may be required to provide certain information to register or complete a transaction at such websites. These third-party websites have separate privacy and data collection practices and spindy® has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such websites. These third party entities are independent third parties and are not affiliated with us.

Third-Party Offers

spindy® provides Users with the opportunity to receive Rewards from participating Merchants. Where you indicate the desire to receive Rewards from participating Merchants during the applicable information collection process, your personally identifiable information that was provided during that spindy® information collection process may be shared with the applicable Merchants so that such Merchants may provide the applicable Rewards to you and so that you do not have to complete another information collection form to receive the applicable Reward.

Opt-Out/Unsubscribe

To opt-out of having your information shared with third parties, please e-mail us at: abuse@spindyapp.com. To opt-out of receiving e-mail advertising, SMS text message marketing, telemarketing and/or direct mail marketing from us, you can follow the instructions at the end of the applicable marketing message or e-mail us at: abuse@spindyapp.com. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for spindy® Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving spindy® Offerings-related, and inquiry response-related messages from spindy®, you must cease requesting access to the spindy® Offerings and cease submitting inquiries to spindy®, as applicable.

Identifying, Deleting and/or Updating Your Information

At your request, we will inform you of what personal information we have on file for you. In addition, at your request, we will remove, update and/or modify the personal information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at: abuse@spindyapp.com; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems. In addition, this deletion will not change or delete personal information which may have already been shared with third parties, all as provided above in this Privacy Policy. You will need to contact the third parties that contact you directly to change your preferences regarding their use of your personal information.

Security

We endeavor to safeguard and protect our Users’ personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts Users to enter Sensitive Information, and when we store and transmit such Sensitive Information, that information is encrypted and is protected with SSL encryption software.

Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our Users’ personal information is restricted in our offices. Only employees or third party agents who need the personal information to perform a specific job function are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data through the App, other spindy® Offerings or otherwise via the Internet or wireless network is at your own risk. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Minors

Individuals under eighteen (18) years of age are not permitted to access and/or use the App in any way. We do not knowingly collect information from individuals under eighteen (18) years of age. No information should be submitted to, or posted by and through, the App by individuals under eighteen (18) years of age. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Changes to Privacy Policy

spindy® reserves the right to change or update this Privacy Policy at any time by posting a notice on the App interface that we are changing our Privacy Policy. If the manner in which we use personally identifiable information changes, spindy® will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner, and we will only use your information in this different manner where you opt-in to such use.

Contact Us

If you have any questions regarding this Privacy Policy, or would like more information on our privacy practices, please contact us at: info@spindyapp.com.