1. a. Welcome to Wayfarer! Thanks for using our software as a service gamification engine and platform (our “Platform”) that delivers revenue generating engagement with your program members and drives increased retention and new member acquisition. Our Platforms helps our clients plan and implement engaging micro-challenges, tasks, activities and games, with progress and incentives tracked and issued in real-time. We refer to the Platform and any of our other software, applications, products or services, both as available online and through any other medium, that we may offer from time to time herein as the “Services”. Our Services are provided by us – and when we say “us” or “we” that means Wayfarer Solutions, Inc., a Delaware corporation (which we also refer to herein as the “Company”) with an address at 251 Little Falls Drive, Wilmington, DE 19808.

2. b. By using our Services, you are agreeing to these Terms of Service (which we refer to as the “Terms”). Please read them carefully. Please be aware that we may add other features to our Services, so sometimes additional terms or product requirements (including age requirements) will apply. Additional terms may become applicable with the relevant Services, and those additional terms will become part of your agreement with us, along with these Terms, if you use those Services. Those additional terms may include subscription and sales agreements and supplements and addendums thereto, or clickthrough agreements on our Platform or in mobile applications. We may also supplement these Terms with other policies and guidelines which may be published or linked on our website, or may be part of separate subscription and sales agreements.

3. c. These Terms are between you and the Company, and not with any “External Service” (as described in Section 3). These Terms do not modify any terms or conditions to which you are subject with any External Service. Notwithstanding the foregoing, the External Services, and their respective subsidiaries, are third-party beneficiaries of these Terms and, upon your agreement to these Terms by using our Services as described above, the External Services will have the right (and be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary

4. d. Please note that Section 15 (Disputes) contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any other sorts of representative actions.

5. e. The capitalized words used in these Terms are either defined here (generally by using quotes the first time we use the term) or in our Privacy Policy, which is accessible at https:// wayfarerpoints.com/ privacy/ .

1. We want you to understand the types of information we collect as you use our Services. Here are the highlights

2. a. We collect information to provide better Services to all our users — from figuring out basic stuff like how to communicate with you, to more complex things like which features of our Services you like the most. The information we collect, and how that information is used, depends on how you use our Services and how you manage your privacy controls.

3. b. When you’re not signed into an Account, we store the information we collect with unique identifiers tied to the browser, application or device you’re using. This helps us do things like maintain your preferences across sessions.

4. c. When you’re signed in, we also collect information that we store with your Account, which we treat as Personal Information. “Personal Information” means information that you provide to us which personally identifies you, such as your name, email address, or billing and payment information for Subscriptions, or other data that can be reasonably linked to such information by the Company, such as information we associate with your Account.

5. d. When you create an Account, you provide us with Personal Information that includes your name, email and password. We may collect other sorts of Personal Information, like your address or preferences about how you use our Services. Even if you aren’t signed into an Account, you might choose to provide us with information — like an email address or phone number to receive notifications or updates about our Services.

6. e. We also collect the content you create, upload, or receive from others when using our Services. This may include things like messages you write or receive, comments you make, documents or graphics.

7. f. We collect information about the apps, browsers, and devices you use to access our Services, which in the future will help us provide features like automatic product updates or enhanced security features.

8. g. The information we collect may include unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. We collect this information when a Service on your device contacts our servers — for example, when our Service checks for automatic updates. We may also collect information about the interaction of your apps, browsers, and devices with our Services, including Internet Protocol (“IP”) address, crash reports, system activity, and the date, time, and referrer URL of your request.

9. h. Other examples of the types of information we collect are described in the rest of our Privacy Policy below.

We collect information about your activity in our Services, which we use to do things like recommend features of our Services to you or adjust the algorithms governing our Services. The activity information we collect may include information you search for, your views and interactions with features and content, people with whom you communicate or share content, or activity on third-party sites and apps that use or connect to our Services. We also may use such information on an anonymized basis for various purposes as described in this Privacy Policy.

We may collect various types of data to provide the Services, including personally identifiable information such as names and contact information, from you and/or others with whom you interact through our Services, including your users and customers. We may also use this data in a de-identified or aggregate format for various purposes including, for example and without limitation, research, analysis and improving our Services. Aggregate data is data we collect that has been combined with information from others so that the recipient of the data is not able to identify any particular person or device from the data. We will never share personally identifiable information with third party commercial entities for direct marketing purposes unless you give us permission.

Our Services may connect to third-party services that may collect information used to identify you.

Whenever you use our Services, in a case of an error in our software or app we collect data and information (which may be through third-party products) on your device called “Log Data.” This Log Data may include information such as your device IP address, device name, operating system version, the configuration of the software or app when utilizing our Services, the time and date of your use of the Services, and other statistics.

We use information we collect from you to deliver our Services, like helping you use and access features or share content with other users.

We also use your information to ensure our Services are working as intended, such as tracking outages or troubleshooting issues that you report to us. And we use your information to make improvements to our Services — for example, understanding which features have the most issues helps us identify which features we should improve and how.

We may use the information we collect to customize our Services for you, including providing recommendations and personalized content. For example, we may use information about how you use the features of our Services to suggest new features you might like.

We use data for analytics and measurement to understand how our Services are used. For example, we analyze data about your visits to our posts and sites and your use of the features we offer as part of our Services to do things like optimize product design and the algorithms that help run our Services.

We use information we collect, like your email address, to interact with you directly. For example, we may send you a notification if we detect suspicious activity, like an attempt to sign into your Account from an unusual location. Or we may let you know about upcoming changes or improvements to our Services. And if you contact the Company, we’ll keep a record of your request in order to help solve any issues you might be facing.

We use information to help improve the safety, reliability and quality of our Services. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm the Company, our users, or the public. We also track usage so that we can improve the Services for all types of our users.

• a. We use different technologies to process information we collect. We may use automated systems that analyze how you use our Services. We may also analyze your use of the Services to help us detect abuse such as spam, malware or other types of abusive or illegal activity.

• b. We may combine the information we collect among our Services and across your devices for the purposes described above. For example, if you access certain features we may suggest other features. Depending on your Account settings, your activity on other sites and apps may be associated with your Personal Information in order to improve our Services.

• c. If other users already have your email address or other information that identifies you, we may show them your publicly visible Account information, such as your name and photo. This helps people identify a message coming from you, for example.

• d. We’ll whenever feasible ask for your consent before using your Personal information for a purpose that isn’t covered in this Privacy Policy.

1. a. Certain privacy laws around the world, including the European General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”), provide users with rights related to their personal information. Consistent with those laws, the Company gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. You may change or correct your Account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request to permanently close your Account and delete your personal information. Depending on your location, you may also benefit from a number of rights with respect to your information. While some of these rights apply generally, certain rights apply in limited cases, including:

2. 1. i. Right of Access and Portability
      You can access certain personal information associated with your account by visiting your account privacy settings. You can also request a copy of your personal information in an easily accessible format and information explaining how that information is used.

   2. ii. Right to Correction
      You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account.

   3. iii. Right to Restrict Processing
      In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information.

   4. iv. Right to Deletion
      In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of the Company.

   5. v. Right to Object
      If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your account email settings.

   6. vi. Right to Withdraw Consent
      Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link or your account privacy preferences. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your mobile device. This is without prejudice to your right to permanently close your account and delete your personal information.

3. The CCPA provides California residents with the following additional rights:

4. • i. Right to Know
     California residents may request disclosure of the specific pieces and/or categories of personal information that the business has collected about them, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared.

   • ii. Right to Opt-out
     To the extent that the Company “sells” personal information (as that term is defined under the CCPA), California residents are entitled to opt-out of the “sale” of data at any time. See below for more information

5. c. If you would like to manage, change, limit, or delete your personal information, you can do so via your Account settings. Alternatively, you can exercise any of the rights above by contacting us by submitting a message through our customer support. Once you contact us to exercise any of your rights, we will confirm receipt of your request.

6. d. Limiting use of, or deleting, your personal information may impact features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services. If you need further assistance, you can contact the Company as described in the “Contact Us” section below. We will respond to your request within a reasonable timeframe.

7. e. Please note that we may verify your identity before we are able to process any of the requests described in this Section 14, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification, and we may verify the authenticity of the request directly with you.

8. f. You may also control the receipt of certain types of communications from the Company in your Account settings. The Company may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your account settings, and you can learn more in the “Communicating with Users” Section of this Privacy Policy. If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account.

9. g. “Cookies” are files with a small amount of data that is commonly used as an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your device internal memory. We use both technically necessary (for the functioning and security of the Services) and non-technically necessary cookies and similar technologies. Our app may also use third-party code and libraries that use Cookies to collection information and to improve their Services. You have the option to either accept or refuse these Cookies and know when a Cookie is being sent to your device. If you choose to refuse our Cookies, you may not be able to use some portions of our Service.

• a. In addition to the “Rights and Choices” described above, the CCPA requires disclosure of the categories of personal information collected over the past 12 months. While this information is described throughout this Privacy Policy, the categories of personal information that we have collected – as described by the CCPA – are:

• • i. Identifiers, including name, email address, shop name, IP address, and an ID or number assigned to your account.

  • ii. Other individual records such as phone number, billing address, or credit or debit card information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)) and overlaps with other categories listed here.

  • iii. Demographics, such as your age or gender, or, where you have provided such information to the Company voluntarily, demographic information about your race, ethnicity, sexual orientation, or gender identity, provided in relation to specific marketing and advocacy projects and campaigns. This category includes data that may qualify as protected classifications under other California or federal laws.

  • iv. Commercial information, including purchases and engagement with the Services.

  • v. Internet activity, including your interactions with our Services and what led you to our Services.

  • vi. Sensory visual data, such as pictures posted on our Service

  • vii. Geolocation data provided through location enabled services such as WiFi and GPS.

  • viii. Inferences, including information about your interests, preferences and favorites.

• b. We collect and use these categories of personal information for our business and commercial purposes as described throughout this Privacy Policy, including providing and improving the Services, maintaining the safety and security of the Services, processing purchase and sale transactions, and for advertising and marketing services.

• c. The Company does not sell personal information to third parties for monetary value. However, the term “sale” is defined broadly under the CCPA. To the extent that “sale” under the CCPA is interpreted to include interest based advertising or other data uses described in this Privacy Policy, we will comply with applicable law as to those activities.

• d. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals.

• e. California law entitles residents to ask for a notice describing what categories of personal information we share with third parties for their own direct marketing purposes. Unless you request us to or consent to it, the Company does not share any personal information to third parties for their own direct marketing purposes. If you have questions about these practices, you can contact us.

• f. If you have a disability and would like to access this policy in an alternative format, please contact us.

• a. We may employ third-party companies and individuals due to the following reasons:

• • i. To facilitate our Services;

  • ii. To provide the Services on our behalf;

  • iii. To perform or provide certain functionality related to our Services;

  • iv. To assist us in analyzing how our Services are used.

• b. These third parties may have access to your Personal Information in order to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use your Personal Information for any other purpose.

We do not share your Personal Information with companies, organizations, or individuals outside of the Company except in the following cases:

• a. With Your Consent. We’ll share Personal Information outside of the Company when we have your consent. We’ll ask for your explicit consent to share any sensitive Personal Information

• b. For Subscriptions. We may receive and provide Personal Information to External Services for purposes of maintaining your Accounts and Subscriptions.

• c. For External Processing. We provide Personal Information to our affiliates and other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. For example, we may use service providers to help us with customer support.

• d. For Legal Reasons. We will share Personal Information outside of the Company if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to (a) meet any applicable law, regulation, legal process, or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations, (c) detect, prevent, or otherwise address fraud, security, or technical issues, or (d) protect against harm to the rights, property or safety of the Company, our users, or the public as required or permitted by law.

We may share non-personally identifiable information publicly and with our partners — like our advertisers, developers, or rights holders. For example, we share information publicly to show trends about the general use of our Services.

If the Company is involved in a merger, acquisition, or sale of assets, we’ll continue to ensure the confidentiality of your Personal Information and give affected users notice before Personal Information is transferred or becomes subject to a different privacy policy.

If the Company is involved in a merger, acquisition, or sale of assets, we’ll continue to ensure the confidentiality of your Personal Information and give affected users notice before Personal Information is transferred or becomes subject to a different privacy policy.

This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with Personal Information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us so that we will be able to take all necessary actions.

We change this Privacy Policy from time to time, generally by posting a new version. We always indicate the date the last changes were published and we offer access to archived versions for your review. If changes are significant, we’ll provide a more prominent notice (including, for certain Services, email notification of Privacy Policy changes).

If you have any questions or suggestions about this Privacy Policy, do not hesitate to contact us at support@wayfarerpoints.com.