INTRODUCTION

MrktStar, Inc. (our “Company”, “we”, “us”, or “our”) respects your privacy and is committed to protecting it through our compliance with our Privacy Policy (this “Policy”).

This Policy describes the types of information we may collect from you or that you may provide when you use or access our Versus Game platform and any content, features, functionality, and services (collectively, the “Services”) offered in connection therewith through one or more third-party hosts (each, a “Host”) that distribute our Services, as well as your use or access of www.versusgame.com (together, the “Website”), and all subdomains thereof, whether as a guest or a registered user, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect:

• On our Website;
• Through the Services;
• In e-mail, text, and other electronic messages between you and our Website or the Services; and/or
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

It does not apply to information collected by:

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

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website or the Services. By accessing or using our Website or the Services, you agree to this Policy. This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Website or the Services after we make changes to this Policy is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

CHILDREN UNDER THE AGE OF 13

Our Website and the Services are not intended for children under 13 years of age. No one under age 13 may provide any information to or on our Website or the Services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or otherwise provide any information on our Website or the Services. If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@versusgame.com.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Website and the Services, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”); and/or
• About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• Directly from you when you provide it to us;
• Automatically as you navigate through our Website and/or the Services. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and/or
• From third parties.

Information You Provide to Us. The information we collect on or through our Website and the Services may include:

• Information that you provide by filling in forms on our Website or the Services. This includes information provided at the time of registering an account within our Services (an “Account”). We may also ask you for information when you report a problem with our Website or the Services;
• Records and copies of your correspondence (including e-mail addresses), if you contact us;
• Your responses to surveys that we might ask you to complete for research purposes;
• Details of transactions you carry out through our Website or the Services; and/or
• Your search queries on our Website and the Services.

You also may provide information to be published or displayed (“posted”) on public areas of our Website and the Services, or transmitted to other users of our Website or the Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our Website or the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website or the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website or the Services, including traffic data and other communication data and the resources that you access and use on our Website or within the Services; and
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See Ability to Opt-Out for information on how you can opt out of behavioral tracking on our Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically is statistical data and may include personal information and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and the Services and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns;
• Store information about your preferences, allowing us to customize our Website and the Services;
• Speed up your searches; and
• Recognize you when you return to our Website or the Services.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website or the Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Flash Cookies. Certain features of our Website or the Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website or the Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Ability to Opt-Out.
• Web Beacons. Pages of our Website, the Services, and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to count users who have visited those pages or opened an e-mail and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).
• Social Media Information. If you choose to log in, access or otherwise connect to the Website and/or Services through a social networking service (such as Facebook, Twitter, Instagram, etc.), we may collect your user ID and/or username associated with that social networking service, as well as any information you make public using that social networking service or which the social networking service allows us to access. We may also collect information you have authorized the social networking service to share with us on your behalf. This supplemental information allows us to verify information that you have provided through use of the Services and to enhance our ability to provide you with information about our business and the Services.

THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some content or applications, including advertisements, on our Website and within the Services are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website and the Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Ability to Opt-Out.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

• To present the Services and our Website and its contents to you;
• To provide you with information, products, or services that you request from us;
• To fulfill any other purpose for which you provide it;
• To provide you with notices about your purchases and/or transactions;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• To notify you about changes to our Website or the Services or any products or services we offer or provide though them;
• To collect your location information including your geo-location records, for the purpose of verifying whether you are eligible to participate in the Services and comply with legal obligations, protect our legal rights, and address disputes;
• To meet legal and regulatory requirements;
• To provide access to certain functionalities and features of the Services;
• To monitor and track total number of users of the Website and/or Services for statistical purposes;
• To allow you to participate in interactive features on our Website or the Services;
• In any other way we may describe when you provide the information; and/or
• For any other purpose with your consent.

We may also use personal information provided by you for reasons for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, anti-money laundering protection, applicable state and/or federal law or regulations requiring necessary compliance, or any other purpose disclosed to you at the time you provide personal information or with your consent. In all cases of data access and collection, the information you provide will not be disclosed, rented, leased, loaned, sold, or otherwise voluntarily distributed to unaffiliated third parties and will be used and processed solely for one or more of the above purposes and in accordance with the remaining provisions contained in this Policy. We may also use your information to contact you about our own and other third party goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data. For more information, see Ability to Opt-Out.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this Policy:

• To our subsidiaries and affiliates;
• To contractors, service providers, and other third parties we contract with and/or use to provide our Website and/or the Services;
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website or the Services users are among the assets transferred;
• To third parties (including, without limitation, our Hosts and partners) to advertise and/or market their products or services to you if you have not opted out of these disclosures. For more information, see Ability to Opt-Out;
• To fulfill the purpose for which you provide it;
• If you choose to share information with social media services about your activities on the Website and/or Services by, for example, connecting your social media account (i.e. Facebook account), then we may share your personal information and information about your use of the Website and/or Services with such social media websites. Use of social media service websites is governed by the privacy practices and policies of those websites, including, without limitation, your ability to opt out of certain settings. Please make sure to read the terms and privacy statements of such social media websites prior to connecting to the Website and/or Services via your social media account;
• For any other purpose disclosed by us when you provide the information; and/or
• With your consent;

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• To enforce or apply our Terms of Service https://www.versusgame.com/terms and other agreements, including for billing and collection purposes; and/or
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our Company, our users/customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

ABILITY TO OPT-OUT

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also always opt-out by unchecking the relevant boxes or by sending us an e- mail stating your request to support@versusgame.com.
• Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our products or services, or those of our Hosts, other partners, and/or other third parties, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by checking or unchecking the relevant boxes or by sending us an email stating your request to support@versusgame.com. If we have sent you a promotional e-mail, you may send us a return email asking to be omitted from future e-mail distributions.
• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our Host and other partner’s and/or advertisers’ target-audience preferences, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also opt-out by checking or unchecking the relevant boxes or by sending us an email stating your request to support@versusgame.com.

We do not control third party collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your personal information by e-mailing us at support@versusgame.com.

You may also send us an e-mail at support@versusgame.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from our Website or the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Website or Services. Proper access and use of information provided on our Website or the Services, including User Contributions, is governed by our Terms of Service found at https://www.versusgame.com/terms.

YOUR CALIFORNIA PRIVACY RIGHTS

Under California’s “Shine the Light” law, California residents have the right to opt out of disclosing personal information to third parties for the purpose of allowing such third parties to directly market their products and services. If you wish to opt out, you may do so in accordance with the terms set forth in this Policy. Under California law (and as a result of your ability to opt out as set forth in this Policy), we are not required to maintain or disclose a list of third parties that received your personal information for marketing purposes.

Under the California Consumer Privacy Act (“CCPA”), California consumers have the following rights, which can be exercised directly or in certain cases, through an authorized agent:

• Right to Know. California customers have the right to request information about the categories and sources of personal information we collect, our purposes for collecting the information, and the types of third parties that receive that information. Details about our data collection, use and third-party disclosures can be found in this Policy. In addition, they have the right to request a copy of their personal information. They may exercise this right once every twelve (12) months by submitting a request to us at support@versusgame.com.
• Right to Delete. California customers have the right to request that we delete some or all of the personal information that we have about them, subject to certain exceptions (i.e. information used to provide services, complete transactions, honor opt-outs, prevent fraud, spam, and other abuse, comply with our legal obligations, cooperate with law enforcement, and to exercise and defend our rights). They may exercise their right to delete by contacting us at support@versusgame.com.
• Right to Opt-Out of Sale of Personal Information. California customers have the right to opt out of the sale of their personal information, and to request information about whether we have sold their personal information in the past twelve (12) months. We do not sell personal information. Should such change, we will notify users and provide an ability to opt out as required.
• Non-Discrimination. We won’t discriminate against anyone because they exercise any rights herein.

To exercise your rights to know and delete, we must be able to verify your identity as the owner of the Account and/or personal information you are inquiring about. We will not be able to fulfill your request until we can do so. In general, we verify identity by confirming that you are the owner of the email address associated with the Account. An authorized agent submitting a request on your behalf must also have access to the email address associated with the Account, along with sufficient evidence that you have authorized that person to submit the request on your behalf.

DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using commercially reasonable means. We will require any third party to whom we provide your personal information to agree to comply with our Policy in force at that time or requirements substantially similar to such policy. We will make reasonable commercial efforts to ensure that they comply with such policy or requirements, however, where not expressly prohibited by law, we will have no liability to you if any third party fails to do so. We shall require any third party, including without limitation any government or enforcement entity, seeking access to data to obtain a court order, or equivalent proof that they are statutorily empowered to access your data and that their request is valid and within their power.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we seek to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website or the Services.

By using the Website or the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website and/or Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Website and/or Services or sending you an email at the email provided to us.

THIRD PARTY WEBSITE

We may include or offer third party links, products, advertisements, or services (collectively, “Third Party Websites”) via the Website and/or Services. Additionally, we may make the Services available through certain Hosts and Third Party Websites. We are not responsible for the actions of Third Party Websites. This Policy does not cover any collection or use of information that Third Party Websites may collect from you, or the practices used by third parties to collect such information, and Third Party Websites should have separate and independent privacy policies and terms of use for the purpose of collecting personal information about you. You should consult such Third Party Websites’ privacy policy, and we have and assume absolutely no responsibility or liability whatsoever for the activities of Third Party Websites. If you decide to use, click on, access, or provide any personal information to Third Party Websites, you acknowledge that you are doing so at your own risk.

THIRD PARTY PAYMENT PROCESSING

When you make a purchase through the Website and/or Services, we may process your payments through a Third Party Website, including, without limitation, third-party payment processers. The Third Party Website may collect certain financial information from you in order to process a payment, including your name, email address, address and other billing information. In order to delete your payment or billing information, you may need to do so with the Third Party Website, as we only have minimal secure access to those records as needed to provide the Services.

CHANGES TO OUR PRIVACY POLICY

We may revise and update this Policy from time to time, in our sole and absolute discretion. All changes are effective immediately when we post them and apply to all access to and use of our Website and the Services thereafter. Your continued use of our Website and/or Services following the posting of the revised Policy means that you accept and agree to the changes. It is our policy to post any changes we make to this Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the e-mail address specified in your Account. The date this Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website or the Services and this Policy to check for any changes.

CONTACT INFORMATION

To ask questions or comment about this Policy and our privacy practices, contact us at: support@versusgame.com and/or MrktStar, Inc. at 584 Castro Street, San Francisco, California 94114.