Privacy Agreement

NETRUN HOSPITALITY DATA GROUP, LLC — PRIVACY AGREEMENT AND NOTICE OF DATA PRACTICES

Effective as of the date of your acceptance. Supersedes all prior versions.

PLEASE READ THIS AGREEMENT CAREFULLY. BY CREATING AN ACCOUNT, SCANNING A VENUE IDENTIFIER, OR OTHERWISE ACCESSING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY EACH PROVISION SET FORTH BELOW, INCLUDING THOSE PROVISIONS GOVERNING DISPUTE RESOLUTION AND THE DISCLOSURE OF ACTIVITY DATA TO THIRD PARTIES.

1. DEFINITIONS AND INTERPRETATION

1.1 Defined Terms

For purposes of this Agreement, the following terms shall have the meanings set forth in this Section 1.1, whether or not capitalized, and whether appearing in the singular or the plural.

"Account" means the record established upon your submission of a Handle and associated intake responses, together with all data subsequently associated therewith.

"Activity Data" means, collectively, Venue Identifiers scanned by you, the date and time at which each such scan occurred, the sequence and interval between such scans, any Derived Attributes generated therefrom, and any association drawn between your Account and any other Account.

"Derived Attributes" means characteristics, propensities, affinities, or classifications attributed to you by algorithmic or manual means, whether or not such characteristics are accurate, verifiable, or in any way descriptive of you.

"Handle" means the self-selected alphanumeric identifier associated with your Account.

"Service" means the Netrun Trackerator application, all associated web properties, and any successor or replacement offering.

"Term Partner" means any entity with which Netrun maintains a commercial relationship for the receipt, licensing, enrichment, resale, or onward disclosure of Activity Data, whether or not such entity is identified to you.

"Venue Identifier" means the encoded token affixed at each participating location.

1.2 Interpretation

Headings are for convenience only and do not affect interpretation. The words "including," "includes," and "such as" are not words of limitation. References to a Section include all subsections thereof. Where a provision of this Agreement conflicts with a provision of any supplemental notice, the provision affording Netrun the broader latitude shall control to the maximum extent permitted by applicable law.

1.3 Amendment

Netrun may amend this Agreement at any time by publishing a revised version to the Service. Your continued use following publication constitutes acceptance. Netrun is under no obligation to notify you of amendments, to highlight changed provisions, or to preserve prior versions for your reference.

2. THE SERVICE

2.1 Nature of the Service

The Service permits you to record your attendance at participating locations, to accrue points, and to receive a compiled summary of your activity. The Service is provided on an "as is" and "as available" basis.

2.2 Eligibility

You represent that you are of the age of majority in the jurisdiction in which you are accessing the Service, and that you have not been excluded from the Service by prior action of Netrun.

2.3 Account Security

You are solely responsible for maintaining the confidentiality of your Handle and recovery code. Netrun disclaims all liability arising from any use of your Account, whether authorized or otherwise. The recovery code is not a password, confers no security, and should not be relied upon as such.

2.4 Acceptable Use

You shall not: (a) submit a Handle that impersonates another participant, a Netrun representative, or any real person; (b) scan a Venue Identifier at which you are not physically present; (c) reproduce, photograph, or redistribute a Venue Identifier for the purpose of enabling scans by non-present parties; (d) interfere with the operation of the Service; or (e) attempt to access records associated with an Account other than your own except by means expressly provided within the Service.

3. INFORMATION WE COLLECT

3.1 Information You Provide

We collect the Handle you select and your responses to the intake questionnaire. We do not request, and the Service provides no field for, your legal name, electronic mail address, telephone number, postal address, date of birth, or payment credentials.

3.2 Information Generated Through Use

We record each Venue Identifier you scan together with the date and time of the scan. This record is associated with your Account.

3.3 Information We Derive

We generate Derived Attributes from the information described in Sections 3.1 and 3.2. Derived Attributes are produced by automated means. We make no representation that any Derived Attribute is accurate. You acknowledge that Derived Attributes may nonetheless be disclosed, licensed, or sold in the same manner as information you have provided directly, and that the commercial value of a Derived Attribute is not contingent upon its accuracy.

3.4 Information We Do Not Collect

We do not collect device fingerprints, hardware identifiers, network interface addresses, ambient wireless observations, precise geolocation, contact lists, photographs, or biometric identifiers of any kind. No such collection occurs through the Service, and none is contemplated by this Agreement.

4. COMMUNICATIONS

4.1 Newsletter and Promotional Mailings

From time to time Netrun may distribute a periodic newsletter containing venue news, run recaps, and partner content. You may withdraw your consent to receive the newsletter, and thereby opt out of all such mailings, at any time without cost or penalty by using the newsletter preference control. Withdrawal of consent under this Section 4.1 takes effect promptly and does not affect any other provision of this Agreement, any other category of communication, or any processing, disclosure, or licensing of Activity Data described elsewhere herein.

4.2 Transactional Messages

Certain messages are integral to the operation of the Service and are not subject to withdrawal of consent under Section 4.1. These include confirmations of check-in, notifications regarding your Account, and notices required by law.

4.3 Partner Messaging

Where you have not indicated a contrary preference, Netrun and its Term Partners may deliver offers, promotions, and recommendations to you through the Service interface. Your preferences in respect of such messaging may be reviewed and adjusted through the preference centre.

5. HOW WE USE INFORMATION

5.1 Operation of the Service

We use information to operate the Service, award points, compile your summary, and detect misuse.

5.2 Improvement and Analysis

We analyse aggregate patterns of use to improve the Service, to evaluate venue performance on behalf of participating locations, and to develop new products.

5.3 Personalization

We use Derived Attributes to select which offers, recommendations, and content are presented to you.

5.4 Commercial Purposes

We use Activity Data for the commercial purposes described in Section 12, including its disclosure to Term Partners for valuable consideration.

6. RETENTION

6.1 Retention Period

Activity Data is retained for the duration of the event and for such additional period as Netrun determines necessary for the purposes described in this Agreement. Records are thereafter subject to scheduled deletion.

6.2 Retention Following Restriction

Where you have exercised any right, preference, or election under this Agreement, including any election described in Section 12.4, Netrun shall continue to retain your Account, your Activity Data, and all associated Derived Attributes, in each case for the full retention period otherwise applicable. No election described in this Agreement operates as a request for deletion, and none shall be construed as such.

6.3 Backups

Deletion applies to production systems. Netrun is under no obligation to expunge records from backup media prior to the ordinary expiry of such media.

7. COOKIES AND SIMILAR TECHNOLOGIES

7.1 Categories

The Service uses cookies and similar local storage technologies falling within twenty-two (22) enumerated categories, including strictly necessary, functional, performance, analytics, and advertising categories.

7.2 Managing Cookie Preferences

You may review each category and opt out of any non-essential category at any time using the cookie consent manager. Elections made through the consent manager govern the storage of and access to information on your device. For the avoidance of doubt, elections made under this Section 7.2 do not govern the collection, retention, use, licensing, or disclosure of Activity Data associated with your Account, each of which is addressed separately in Sections 3, 5, 6, and 12 of this Agreement.

7.3 Do Not Track Browser Signals

The Service does not respond to Do Not Track headers transmitted by your browser, as no uniform standard for such signals has been adopted.

8. SECURITY

8.1 Measures

Netrun employs measures it considers reasonable to protect information against unauthorized access, alteration, and destruction.

8.2 No Guarantee

No method of transmission or storage is entirely secure. Netrun does not warrant the security of any information and disclaims liability for unauthorized access except to the extent such disclaimer is prohibited by law.

9. DISPUTE RESOLUTION

9.1 Binding Arbitration

Any dispute arising out of or relating to this Agreement or the Service shall be resolved by final and binding arbitration administered under the rules of a recognized arbitral body, and not in a court of general jurisdiction.

9.2 Class Action Waiver

You waive any right to participate in a class, collective, consolidated, or representative proceeding.

9.3 Jury Trial Waiver

Each party waives any right to trial by jury.

9.4 Governing Law

This Agreement is governed by the laws of the Commonwealth of Pennsylvania without regard to conflict of laws principles.

9.5 Venue

Any proceeding not subject to arbitration shall be brought in the state or federal courts located in Northampton County, Pennsylvania.

9.6 Right to Opt Out of Arbitration

You may opt out of the arbitration provision set forth in Section 9.1, the class action waiver in Section 9.2, and the jury trial waiver in Section 9.3 by delivering written notice to Netrun within thirty (30) days of your first acceptance of this Agreement. Instructions for opting out are available. An opt-out under this Section 9.6 affects only the dispute resolution provisions of Article 9. It does not affect the collection, retention, use, licensing, or disclosure of Activity Data, and exercising it will not alter the manner in which your Activity Data is handled.

10. THIRD PARTY SERVICES

10.1 Participating Venues

Participating venues are independent businesses. Netrun is not responsible for their acts or omissions, their premises, their pricing, or the conduct of their staff or patrons.

10.2 Linked Properties

The Service may link to properties operated by others. Such properties are governed by their own terms and their own data practices.

11. YOUR RIGHTS UNDER APPLICABLE LAW

11.1 General

Depending on your jurisdiction of residence, you may hold rights of access, correction, portability, deletion, and restriction in respect of information associated with you.

11.2 Exercising Rights of Access and Deletion

Requests for access to, correction of, or deletion of information may be submitted through the Service. Netrun will respond within the period prescribed by applicable law.

11.3 Non-Discrimination

Netrun will not deny you the Service, charge you a different rate, or provide you a different level of quality by reason of your exercise of any right described in this Article 11 or in Section 12.4.

11.4 Authorized Agents

You may designate an authorized agent to submit a request on your behalf.

12. ANCILLARY DATA PRACTICES

12.1 Disclosure to Term Partners

Netrun discloses Activity Data, including Derived Attributes, to Term Partners in exchange for monetary and other valuable consideration. Such disclosures occur on a continuous basis as Activity Data is generated. Consideration received by Netrun in respect of any individual Account is nominal.

12.2 Categories of Recipient

Term Partners include hospitality analytics providers, audience enrichment services, identity resolution vendors, and marketing intermediaries. Netrun does not maintain a public list of Term Partners and is under no obligation to identify any recipient to you.

12.3 Onward Disclosure

Netrun does not control, and makes no representation regarding, the subsequent disclosure of Activity Data by any Term Partner. Activity Data disclosed under Section 12.1 may be combined by a recipient with information obtained from other sources.

12.4 Suppression Requests; Do Not Sell or Share

You have the right to direct that Netrun do not sell or share Activity Data associated with your Account. This right is exercised by means of a suppression request. To exercise it, submit a suppression request. A suppression request may be submitted by you or by an authorized agent acting on your behalf, and no verification of identity is required.

A suppression request takes effect at the moment it is received and applies prospectively only. It does not apply to, and cannot recall, any disclosure made prior to receipt. Activity Data generated before a suppression request is received has already been disclosed to one or more Term Partners under Section 12.1, and the onward use of that data by any recipient is governed by Section 12.3 rather than by this Section 12.4.

A suppression request does not suspend, limit, or otherwise affect the collection of Activity Data under Section 3, the generation of Derived Attributes under Section 3.3, the retention of your Account and its associated records under Section 6.2, or the use of Activity Data for any purpose described in Sections 5.1 through 5.3. Your Account and all associated records are retained in full following a suppression request.

A suppression request may be submitted at any time and may be submitted after Activity Data has already been generated. Netrun imposes no waiting period, no verification requirement, no documentary requirement, and no limit on the number of times a suppression request may be submitted.

12.5 Relationship to Other Elections

For the avoidance of doubt, elections made under Section 4.1, Section 4.3, Section 7.2, or Section 9.6, and preferences recorded through the preference centre, are independent of and have no effect upon the practices described in this Article 12. A suppression request under Section 12.4 is the sole mechanism by which the disclosures described in Section 12.1 may be restricted.

13. SUPPLEMENTAL DISCLOSURES FOR RESIDENTS OF CERTAIN STATES

13.1 Applicability

This Article 13 supplements the foregoing and applies to residents of states that have enacted comprehensive consumer privacy legislation. Where a provision of this Article conflicts with a provision elsewhere in this Agreement, this Article controls as to residents to whom it applies.

13.2 Categories of Information Collected

In the preceding twelve months Netrun has collected the following categories: identifiers (a self-selected Handle); commercial information (records of venue attendance); internet or other electronic network activity information (scan events and their timing); and inferences drawn from the foregoing to create a profile reflecting preferences, characteristics, predispositions, and behaviour.

13.3 Categories Disclosed for Valuable Consideration

Each category enumerated in Section 13.2 has been disclosed to Term Partners for monetary or other valuable consideration.

13.4 Sources

All information is collected directly from you, or is generated from information collected directly from you. Netrun does not acquire information about you from data brokers, public records, or affiliated entities.

13.5 Business and Commercial Purposes

Information is collected and disclosed for the purposes enumerated in Article 5.

13.6 Sensitive Personal Information

Netrun does not collect personal information that is classified as sensitive under applicable state law.

13.7 Right to Direct That Information Not Be Sold or Shared

Residents to whom this Article applies have the right to direct a business not to sell or share personal information. Netrun makes this right available to all users regardless of residence. The mechanism for exercising it is the suppression request described in Section 12.4.

13.8 Right to Limit Use of Sensitive Information

Not applicable. See Section 13.6.

13.9 Right to Appeal

Where applicable law provides a right to appeal a refused request, you may appeal by resubmitting the request with a statement of the grounds for appeal. Netrun has not to date refused a request.

13.10 Metrics

Netrun does not publish annual request metrics. Applicable thresholds have not been met.

14. CHILDREN

The Service is not directed to persons under the age of majority and Netrun does not knowingly maintain records associated with such persons.

15. INTERNATIONAL TRANSFERS

Information may be processed in jurisdictions other than that in which you reside, including jurisdictions that do not provide an equivalent level of protection.

16. LIMITATION OF LIABILITY

16.1 Exclusion of Damages

To the maximum extent permitted by law, Netrun shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, or goodwill.

16.2 Cap

Netrun's aggregate liability shall not exceed the greater of the total consideration received by Netrun in respect of your Activity Data, or one United States dollar (USD $1.00). You acknowledge that the first of these figures is likely to be substantially smaller than the second.

17. MISCELLANEOUS

17.1 Entire Agreement

This Agreement constitutes the entire agreement between you and Netrun regarding its subject matter and supersedes all prior understandings.

17.2 Severability

If any provision is held unenforceable, that provision shall be modified to the minimum extent necessary and the remainder shall continue in full force. This provision exists because someone, at some point, read all the way to the end of a document like this one and found something that did not hold up. Statistically, that person is not you. Congratulations if it is.

17.3 No Waiver

Failure to enforce any provision is not a waiver of the right to enforce it later.

17.4 Assignment

You may not assign this Agreement. Netrun may assign it freely, including in connection with a merger, acquisition, or sale of assets, and your Activity Data constitutes an asset for this purpose.

17.5 Survival

Sections 3, 6, 9, 12, 16, and 17 survive termination of your Account.

17.6 Contact

Correspondence regarding this Agreement may be directed to Netrun Hospitality Data Group, LLC, 1 Terminal Plaza, Suite 400, Easton, Pennsylvania 18042.

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End of Agreement. Version 3.1.