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This Privacy Policy (the “Policy”) governs your access to, and use of, our websites, including any content and services (each a “ Service” and, collectively, the “Services ”) offered on or through our platforms, including, without limitation, our web pages, interactive features, and applications (collectively, the “ Platforms”).

Scope of Privacy Policy

We have created this Policy in order to clearly communicate our commitment to your privacy. This Policy applies to all Platforms and any Services owned or operated by Kinetic Energy Entertainment LLC (“KEE”) and/or its affiliates. Using our Platforms and Services demonstrates your consent to KEE’s collection and use of information pursuant to this Policy and continued use of the Platforms following the posting of changes of this Policy will signify your acceptance of those changes. This Policy governs the use of your name, e-mail address, payment information and similar personal information that you may provide KEE in the course of using our Platforms and/or Services.

1. Information We Collect

Information You Provide to Us. Information that you submit about yourself may be used by KEE to provide the Services, communicate with you about KEE products, improve your online experience, help us properly identify you, facilitate our ongoing legal compliance with applicable rules, regulations and laws, and will otherwise support our continuing efforts to offer you lawful access to our Platforms. We may collect “ Personal Information” (information that can be used to identify you as an individual) such as your name, email, telephone number, home address, demographic information (such as zip code, age). The types of Personal Information (as defined below) we collect may vary depending on your use of the Services and/or the Platforms.

Information Automatically Collected. Whenever you visit or interact with the Platforms and/or the Services, we, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Platforms and the Services are accessed and used (“Usage Information“). Usage Information may include browser type, device type, operating system, application version, the page served, the time, the preceding page views, and your use of the Services and/or the Platforms. We automatically collect your IP address or other unique identifier (“Device Identifier(s)“) for the “ Device(s)” (i.e. a computer, mobile phone, tablet or other device) you use to access the Platforms and/or to use the Services. A Device Identifier is a number that is assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the Platforms, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you and your shopping cart, and gather broad demographic information for aggregate use.

Cookies; Pixel Tags . The technologies used in connection with the Platforms and the Services to collect Usage Information, including Device Identifiers, include but are not limited to cookies (data files placed on a Device when it is used to visit the Platforms or to access the Services), mobile analytics software and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). Cookies may also be used to associate you with “Social Networking Sites” (e.g. Twitter, Instagram, Discord, Facebook, etc.), if you so choose, to enable interaction between your activities on the Platforms and the Services and your activities on such Social Networking Sites. We, or our vendors, may place cookies or similar files on your Devices for security purposes, to facilitate site navigation and to personalize your experience while visiting our Platforms and/or using our Services (e.g. to select which ads or offers are most likely to appeal to you, based on your interests, preferences, location, or demographic information).

To learn how you may be able to reduce the number of cookies you receive from us or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions related to your browser.

2. How We Use Information

We use the information we collect about and from you for a variety of business purposes, including, without limitation (i) to respond to your questions and requests; (ii) to provide you with access to certain areas and features of the Platforms and the Services; (iii) to verify your age and identity; (iv) to communicate with you about your account and activities on the Platforms, your use of the Services and, in our discretion, changes to any KEE policy; (v) to tailor content, advertisements, and offers we serve you; (vi) to improve the Platforms and the Services; (vii) to comply with licenses, regulations, and other legal compliance obligations; and (viii) for purposes disclosed at the time you provide your Personal Information or otherwise with your consent. In addition, we may collect location-based information about you to tailor advertisements and offers.

We also collect personal information in order to provide certain products and Services to our customers. For example, if you:

  • Request promotional items, KEE may collect and use your name and address, or e-mail address; or
  • Post information on any of our interactive areas, KEE may collect information from you in order to e-mail you major updates about KEE, the products and Services.

3. Sharing of Information

Except as described herein, we will not provide any of your Personal Information to any third parties without your consent. KEE may share non-Personal Information, such as aggregate data and Usage Information with third parties. We may also share your Personal Information as set forth in this Policy and in the following circumstances:

Third Parties Providing Services on Our Behalf . We may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our partners) such as service providers that host or operate our Platforms and/or Services, analyze data, process transactions and payments, fulfill orders or provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions, contests, sweepstakes, surveys or provide marketing or promotional assistance and “powered by” partners or partners in co-branded sites. Your Personal Information may also be used by us or shared with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers.

Your Agreement to Have Your Personal Information Shared . While on our Platforms, or while you use the Services, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party, including Social Networking Sites. If you agree to have your Personal Information shared, your Personal Information will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy policy and business practices of that third party.

Business Transfers . We may share your Personal Information with other entities and our affiliates primarily for business and operational purposes. In the event that KEE is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction.

Legal Disclosure . We may properly transfer and disclose your information to third parties, including, but not limited to, in order to comply with law enforcement investigations, government regulations, or other requested legal compliance obligations which are demanded of us; we may do so as well as when we believe in good faith that the law or a legitimate governmental authority, court of competent jurisdiction, or regulatory body may require such disclosure; or to verify your age and information; or to address fraud, security or technical issues; or to respond to an emergency; or otherwise to protect our rights or property or security of third parties, visitors to our Platforms or the public.

4. Interactive Areas

KEE is not liable for any information posted in interactive areas. KEE may provide interactive areas such as discussion forums to enhance the user experience and build a healthy community around our Platforms and Services. You acknowledge that should you participate in such interactive areas, the information you voluntarily post about yourself and third parties in such areas might be accessed, collected and used by third parties. Do not post any Personal Information in our public areas. Although we employ advanced security technology, it cannot guarantee complete security in personal websites or password-protected areas, and KEE will not be held liable for any user’s or other visitor’s disclosure of Personal Information on any Platform or Service operated by us.

5. Your Privacy Rights, Choice and Access

You may always direct us not to share your Personal Information with third parties (other than our service providers), not to use your Personal Information to provide you with information or offers, or not to send you newsletters, emails or other communications by modifying your registered user information on the Platforms and Services or by sending us an email at info@kineticenergyent.com. Your opt-out request will be processed within thirty (30) days of the date on which we receive it.

If you wish to modify, verify, correct, or delete any of your Personal Information collected through the Platforms or the Services, you may edit your registered user information or contact us at the above address or email. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Platforms and/or the Services. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. It may not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We will retain your Personal Information for as long as your account is active or as needed to provide you our Services. If you wish to cancel your account or request that we no longer use your information to provide you our Services contact us at info@kineticenergyent.com. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate Social Networking Site.

6. Advertising/Behavioral Targeting

We may license and/or utilize technology to serve advertisements on our own Platforms and Services. In addition, we may also use third party ad network providers to help present advertisements on the Platforms and/or the Services, as well as third party analytics vendors to evaluate and provide us with information about the use of our Platforms and Services. We do not share Personal Information with these providers unless you have expressly authorized us to do so, but they, like other advertising service vendors, may place and access cookies, web beacons, or similar technologies on the hard drive or flash memory or other form of storage of your Device to serve you advertisements tailored to interests you have shown by browsing on these Platforms and other sites you have visited, and to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, the provider collects or has access to non-personal data such as Web pages you have visited, time of visits, content viewed, ads viewed, and other Usage Information. We and our network advertisers may target advertisements for products and services in which you might be interested based on your visits to both the Platforms and other websites. We may use a variety of companies to serve advertisements. The use of cookies, web beacons, or similar technologies by these providers is subject to their own privacy policies, not ours.

7. Unsubscribe or Opt-Out

KEE uses e-mail to send announcements regarding new products, services, and/or promotions, and informational newsletters. To discontinue or unsubscribe to our Platforms or newsletter please click the “unsubscribe” link found at the bottom of every email.

8. Children Under Age of 13

KEE and its Services and Platforms are not directed to children or minors, and children are not permitted to use our Services nor access our Platforms. KEE requires that minors (under the age of 18) are not permitted to submit any personal information to KEE. We actively seek to dissuade registration from persons under 18 and do not knowingly collect personally identifiable information from them. If we learn that you are a minor, you will not be permitted to use KEE Services and Platforms.

9. Security of Your Information

We take information security seriously; however, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any Personal Information you transmit to us, and you use the Platforms and the Service, and provide us with your information at your own risk.

10. Other Sites

The Platforms may contain links to other sites that we do not own or operate. This includes links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. This Policy applies only and solely to our Platforms and Services.

11. Consent to Processing and Transfer of Information

The Platforms and Services are governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. KEE makes no representation that the Platforms and/or Services are governed by or operated in accordance with the laws of any other worldwide territory or nation. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States of America, please be aware that information we collect may be transferred to and processed in the United States. By using the Platforms and the Services, or providing us with any information, you (i) acknowledge that the Platforms and the Services are subject to the rules, regulations, and laws of the United States, (ii) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (iii) waive any claims that may arise under those laws.

12. Changes to Privacy Policy Agreement

The Policy may be updated from time to time without notice to you. However, you can always find the latest Policy at https://kineticenergyentertainment.com. We encourage you to periodically review this page for the latest information on our privacy practices.

If you have any questions or concerns related to this Policy, please feel free to contact us by visiting: https://www.kineticenergyent.com.

Effective Date: September 21, 2021

Kinetic Energy EntertainmentPrivacy Policy for California Residents

If you are a California resident you have certain rights with respect to the collection, use, transfer, and processing of your “Personal Information” as defined by the California Consumer Privacy Act (” CCPA“).

We reserve the right to limit these rights where permitted under applicable law, including where your age or identity cannot be reasonably verified, or to the extent your rights adversely affect the rights and freedoms of others. To exercise any of the rights below, please contact us via the contact information below. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information.

Collection of Personal Information

When California consumers access our Platforms and Services, purchase our products, enter our promotions, or interact with us on social media, we may collect the following Personal Information:

Personal Identifiers

  • Name
  • Address
  • Email Address
  • Telephone number
  • Date of Birth
  • Social Security number
  • Username and Password

Commercial Information

  • Purchase or transaction history
  • Sweepstakes, raffles, contests, gambling, marketing, or promotional activity

Internet or Other Electronic Network Activity Information

  • Browsing history
  • Search history
  • Information regarding a consumer’s interaction with an Internet website, application, or advertisement
  • Internet Protocol address
  • Device ID
  • Cookies
  • Beacons
  • Pixel Tags
  • Mobile ad identifiers
  • Social media interaction information

Sources from Which Personal Information Is Collected

We collect your identifiers, or other Personal Information (financial information), characteristics of protected classifications, and certain pieces of your internet and other electronic network activity information from you directly. We collect your commercial information by keeping a log of your transactions. We collect your internet and other electronic network activity information from your transactions within our Platforms. We may also, on occasion, combine internet and other electronic network activity information with information we receive from other sources.

Business or Commercial Purposes for Which Personal Information Is Collected

Your Personal Information is used for the following purposes:

· Respond to your requests for services or products;

· Provide you with customer support and respond to your communications;

· Send you transactional or administrative communications, as well as certain service-related announcements;

· Personalize your experience on our Platforms and Services;

· Send you information relating to other programs, services, or products that we believe may be of interest to you;

· Run website analytics to evaluate performance; and

· Fulfill our responsibilities as an employer.

Third Parties with Whom Personal Information Is Shared

KEE shares your Personal Information with analytics and service providers, benefits providers, transaction processors, and law enforcement (if necessary).

In the preceding 12 months, we have not sold Personal Information about minors.

In the preceding 12 months, we have not disclosed Personal Information about consumers for business purposes:

We allow certain companies to use cookies, web beacons, or other online tracking devices to enhance online experiences and customize advertising. For more information, please refer to the Policy.

Right to Know About Personal Information Collected, Disclosed, or Sold . You have the right to request that KEE disclose the Personal Information it collects, uses, and discloses about you to third parties. If you make a request for Information about your Personal Information, you will receive the following information about you:

· Categories of Personal Information collected about you during the preceding 12 months;

· Categories of sources from which Personal Information is collected;

· Business purpose for collecting or selling Personal Information;

· Categories of third parties with whom Personal Information is shared or sold; and

· Specific pieces of Personal Information collected about you.

This information will be provided to you free of charge, unless KEE determines that your request is manifestly unfounded or excessive. You may request this information twice in a 12-month period. There are certain exceptions to a consumer’s right to know, including exceptions relating to employment information. KEE will state in its response if an exception applies.

Right of Deletion. You have the right to request that KEE and our service providers delete any Personal Information about yourself which KEE has collected from you upon receipt of a verifiable request. If you choose to delete your personal information, you may not be able to use certain website functions that require your Personal Information to operate.

Right to Opt-Out of the Sale of Personal Information . You have the right to opt-out of the sale of your personal information by a business subject to certain laws and regulations. KEE does not, and will not, sell any Personal information of California consumers for monetary consideration. However, under some circumstances a transfer of personal information to a third party without monetary consideration may be considered a “sale” under California law. If you submit a request to stop selling your personal information, we will stop making such transfers to third parties.

Right to Non-Discrimination. You have the right not to receive discriminatory treatment for exercising the privacy rights conferred by California law.

Submitting Requests. You can submit your request by sending us an email at  info@kineticenergyent.com.

Verifying Requests. KEE must verify that the person requesting information or deletion is the California consumer about whom the request relates in order to process the request. To verify a California consumer’s identity, we may request up to three pieces of Personal Information about you when you make a request to compare against our records. We may also request that you sign a declaration under the penalty of perjury from the consumer whose personal information is the subject of the request.

Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in your request to verify your identity and will delete any information you provide after processing the request. KEE reserves the right to take additional steps as necessary to verify the identity of California consumers where we have reason to believe a request is fraudulent.

Authorized Agents. You may choose a person registered with the California Secretary of State that you authorize to act on your behalf to submit your requests (“Authorized Agent“). If you choose to use an Authorized Agent, KEE requires that you provide the Authorized Agent with written permission to allow them to submit your request and that you verify your identity directly with KEE. Failure to do so may result in KEE denying your request.

If you have any questions or concerns related to your California Privacy Rights under this Privacy Policy, please feel free to contact us by visiting: https://www.kineticenergyent.com.

Effective Date: September 1, 2021