Privacy Policy

Effective: March 16, 2023

Introduction:

At Below Spot (“we,” “us” or “our”), your privacy is very important to us. We are dedicated to protecting your privacy with respect to sensitive information that we may gather or you may provide. In this privacy policy (“Policy”), we will disclose how we obtain, gather and/or disseminate information via the Below Spot website(s), app(s), products or services (“Services”) and the methods that we use to maintain your data and privacy.

This Policy is intended to act in combination with and as an extension of our Terms of Use agreement (“Agreement”). Please read the two documents together. The Agreement controls to whatever extent it may conflict with this Policy.

We reserve the right to change, alter or modify this Policy at any time and for any reason that we deem necessary or appropriate. Any changes made will take effect immediately, unless we state otherwise. Your continued use of the Services following any revision we post will constitute your acceptance of the changes we have made.

We may make changes to this Policy from time to time and any changes to this Policy will be incorporated into this document. We will notify you of any changes by posting a “Revision Date” that we will display at the top of this Policy. We will attempt to notify registered users of our Services about changes to this Policy via ‘Alerts’ on our Services and/or by posting notifications on our Services and/or via email. However, we encourage you to view this Policy page whenever you access our Services in order to see if a new “Revision Date” has been posted so that you can remain informed about any possible changes and/or updates that may have occurred.

Some of the Services we offer may include, but are not limited to, software or programs that you can download to some and/or all of your various electronic devices such as but not limited to; computer; laptop; phone; smartphone; tablet, wearable device, television, entertainment device, communication device, internet device or other similar type devices (“Devices”). By using our Services and in accordance with this Policy, you agree that we may upgrade our software and/or programs to new, enhanced and/or modified versions at any time and that we may automatically download the newest version to your Devices.

This Policy applies solely to our Services only, not to other third-party websites, apps, affiliates, products or services that you may be able to access from our Services and/or reference or link to from our Services. Those other websites, apps, affiliates, products or services may have data collection and use practices that differ from our practices along with different user agreements, privacy policies and cookie policies that we do not control and that do not apply to us through your interaction with them and therefore, we will not be held accountable or responsible when you interact with these other sources whether they are a sponsored advertiser, affiliate and/or not associated and/or affiliated with us at all.

By using the Services, you accept the terms and conditions of this Policy and our Agreement. You agree that we may collect, use and disclose information we gather, generate and/or obtain from you in the manner outlined and described in this Policy.

This Policy will apply from the time of your first access and/or use of our Services. By accessing and/or using our Services, you affirm that you have read, understood, accept and agree to the terms and conditions of this Policy and our Agreement.

1. Available Service Area:

Our Services are currently offered for use only within the United States of America.

2. Residency and Minimum Age Requirements:

All users of our Services must be legal residents of the United States of America and must be 18 years of age or older and of sound, competent mind.

3. Application of Privacy Policy:

This Policy applies solely to our Services and not to any other websites, apps or other services that you may be able to access from our Services. Such other websites, apps and services may have data collection and use practices that differ from our practices.

4. Information We Collect:

The information and personal identifiable information (collectively “Personal Information”) that we collect and/or that you provide varies with your use of our Services.

You can freely browse our Services without registering as a user, in which case you need not supply your name, contact information, or other personally identifiable information. With respect to such users, we record traffic data that may include but is not limited to: IP addresses, date and time of visit, time spent on our Services, specific pages viewed, time spent on each page, ads or links selected and/or view and search queries. Traffic Data is helpful for marketing purposes and to improve our Services.

When you sign up on our Services as a registered user, we will collect and you will provide us with Personal Information and you consent to our collection and storage of that Personal Information on our database(s) and server(s). The type of Personal Information that we ask you to supply may depend on what aspect, and to what degree of our Services that you may be utilizing.

Personal Information that you provide to us that we may collect, store and utilize may include but is not limited to the following: (1) Identification Data such as your name, photo, user name and password, birth date, gender, address and location; (2) Contact Data such as your name, street and/or mailing address(es), e-mail address(es), and telephone number(s); GPS device location; (3) Payment Data such as your credit card, debit card or bank account information or other electronic payment gateways and cash exchange systems and accounts, Crypto exchange account and wallet information and (4) Usage Data such as how you reach our Services, your

destination when you leave our Services, when and how you use our Services; links, ads and affiliates you link to through our Services, your browsing, purchasing, bidding and/or transaction history on our Services, time spent on our Services (including specific pages, features, ads, products, etc.); feedback, ratings, testimonials and questions, interaction time and interaction methods with us, listings, products, ads, links and other users; search patterns and queries and keywords; watch lists and favorites, search results and any information that you supply or we may extract through our Services or that you otherwise communicate to us.

There may be advertisers, sponsored ads, affiliate links and/or websites and/or apps that post ads and/or links and or articles about and/or to our Services and/or on our Services. Some of these sources may utilize a connection to one of our features, listings, products, auctions and/or functions and/or pages (either linking to and/or receiving from), such as but not limited to: posts, comments, pictures, videos, search, listings and user profile pages. In such cases, we may collect Info that is provided by or generated from those sources and your interaction and/or involvement with them.

5. Information We Automatically Receive When You Use Our Services:

Log file data: When you use our Services, your browser and/or Device automatically reports certain types of information and our servers record those broadcasts. The type of information reported to us is defined as when you access or visit a website or mobile app by exiting or coming out of our App or Services and/or linking to another source from our App or our Services. Other log file data we could record is your Internet Protocol (“IP”) address, browser type, referring and/or exit pages and website addresses, search requests, landing pages, date and time of your requests, length of time on our Services and time spent on each page and/or function, number of clicks to maneuver through pages and/or functions.

Analytics Data: We my use internal and/or third-party analytics tools to help us in determining usage maneuvers and trends along with measuring traffic and other information. We may collect information provided by your device or our App and/or Services. Such information may be an aggregate of combined information with other users so as to not personally identify any particular user.

Device information: When you use your Devices to access our Services, we may use cookies along with other similar device info identifiers which we may place on your Devices. In addition to the other data and Info we collect and that you provide, we may also collect information about your Devices such as but not limited to: the type of device you’re using, device model, uniquely identifiable information about your device, the operating system on your device, device settings, browser type and language, mobile network information. This information will help enable us to maintain the viable usage and performance of our Services and it’s functionality with various Devices.

Cookies: (Please see Section 10 of this Policy for information on our Cookies).

6. Security:

We have taken reasonable measures to secure and protect your Personal Information (along with the storage thereof) from unauthorized access, usage or disclosure. We operate secure data networks in order to attempt to protect your Personal Information and only those we

authorize to access the Personal Information are allowed to do so. All banking and/or credit card and/or debit card and/or crypto and/or wallet information and/or transactions you perform with us will be done using highly secure encrypted programs. However, despite our efforts to protect your Personal Information, we do not ensure the safety and security of any Personal Information we collect, store or that you transmit or provide to us or that we gather nor do we guarantee that a breach cannot occur and that we will be able to prevent the loss, theft, misappropriation, disclosure, misuse, abuse and/or alteration of your content, identity and/or Personal Information that may result in hardship, theft and/or financial loss. By using our Services, you agree to hold us harmless and affirm we will not be liable in all such matters.

7. Uses of Collected Information:

When you register to create an Account and use our Services, your Personal Information is collected, stored and utilized. The main purpose of collecting your Info is so that we can provide you with a dynamic and customized user experience on our Services while also trying to enhance and create new features for your enjoyment on our Services. When you register to create an Account and/or use our Services, you agree that we may use your Personal Information to perform the following, but are not limited to:

· Remember your log in information for easier access to our Services.

· Send you email regarding your Account and your relationship with us.

· Send you email regarding any transactions you perform on our Services.

· Send you email regarding notices about our Services.

· Allow other users to interact with you in how our Services were intended to be used.

· Communicate with you regarding our Services through our website, App, messaging system, email, phone, text or mail.

· Send you updates, messages, ‘Alerts’ and/or ‘Push Notifications’.

· Solicit information and surveys from you.

· Customize and/or streamline your experience with our Services.

· Automatically upload our Services updates to your Devices.

· Process transactions of various forms.

· Select and display promotional banners, advertisements, affiliate links, sponsored ads, graphic ads and other URL links that may be displayed when you visit our Services (which may be customized for you).

· Monitor and analyze how you use our Services.

· Refine and improve our Services.

· Diagnose and/or fix issues with our Services.

· Verify your user identity and your connection with other users and/or Accounts.

· Attempt to prevent fraud, harassment, bullying or other illegal activities.

· Perform any other function or purpose for which your Personal Information was collected for.

· Enforce our Terms of Use Agreement.

We may also provide advertising for goods or services unrelated to our Services by either us or a third party advertiser or an affiliate through our website, App, messaging system, email, phone, text or mail while also promoting such things on our Services as well.

With your affirmative consent, we also will contact you through our Services, alerts, posts, email, phone, text, fax, video or direct mail to send you messages, offers and advertisements with the purpose of promoting the use of our Services and/or the purchase of products or services unrelated to our Services.

You may consent to the receipt of such promotions when you register to create an Account or at a later time. You may withdraw your consent to receive such promotions and 'opt out' at any time by contacting us via email at Optout@BelowSpot.com or by using the opt-out link on any of the promotional emails you may receive or by following other instructions that we may provide. If contacting us by email to opt out, please be sure to indicate in the 'Subject' line of your email to us that you wish to 'opt out' of receiving marketing materials and advertisements and be sure to include your Account name and the email address you use on your Account.

8. Sharing & Storing Your Information:

The Services that are provided by us are hosted globally in server facilities located in both the United States and also outside the United States. We utilize multiple hosting venues throughout the world in order to protect and preserve our Services and data should one hosting venue fail. We may maintain and/or store and or utilize your content and/or Personal Information for a length of time solely determined by us and at our discretion.

We do not share your Personal Information with other users, other than that Personal Information of which is needed to be shared for engagement and interaction between users within the normal functionality and capacity of common exchange in how our Services are intended to be used. Therefore, your content and some of the Personal Information collected by us and provided by you is used in the natural order and exchange between users in how our Services function.

When you buy an item or win an auction on our Services, your user name, the purchase price and item information (including any discounts you received) will be displayed for all visitors and registered users of our Services to see. When you bid on auctions, your user name, bid amounts and time you bid will be displayed for all visitors and registered users of our Services to see. Likewise, if you win an auction and the auction has ended (is ‘completed’), the same information previously stated will be displayed for all visitors and registered users of our Services to see. Completed auctions can be accessed and viewed by our users at all times since they are stored and can always be accessed on our Services. Any questions you submit on a listing or auction along with the answer you receive will be publically displayed along with your user name to be viewed by all who use or visit our Services. If you submit a testimonial to us and we post it on our Services, it will be publically displayed to be viewed by all who use or visit our Services. If we terminate or suspend your Account or if you voluntarily terminate or discontinue your Account, all information previously stated will still be accessible to be viewed by our users.

We also may disclose your Personal Information:

· in response to a court order, subpoena, or as otherwise required by law.

· to law enforcement or other governmental officials in response to requests relating to possible criminal or illegal or terrorist activity.

· if necessary in order to enforce our Terms of Use Agreement.

· if necessary to protect the rights, property and safety of others against any fraud or other wrongdoing in buying or transactions, harassment, bullying, infringement or other wrongdoings.

· if necessary to those who assist us in the operation of our Services and our business.

· to third parties at your express written request.

· If necessary, to our subsidiaries, if any.

· to our successors and assigns in the event we merge with another entity or sell our assets or company (in whole or part) to another entity.

Personal Information Access by Company Acquisition: In the event that our Services (in whole or in part) are purchased by, merged with and/or acquired by a third party or separate entity, we retain the right to transfer all user content, Accounts and Personal Information that we’ve obtained, collected and/or stored from the use of our Services to the third party. In the event of bankruptcy, insolvency, reorganization, receivership or the assignment of benefits to the restitution of creditors, we may no longer be in control of corporate assets and thus, any content, Accounts and/or Personal Information on our Services may no longer be controlled by us at that time.

9. Marketing and Third-Party Vendors, Affiliates, Sponsors & Advertisers:

We are the sole owner of all information collected and stored on our Services. We won’t sell or rent your Personal Information without your prior express consent to any affiliate or third party that might want to market to you. (However, as stated above, we may sell our assets in the future to a third party, and that third party may market to you using your Personal Information.)

If you authorize us to contact you with the primary purpose of promoting products and services other than the use of our Services, we may provide you, through various contact methods such as: our Services, posts, email, phone, text, fax, video or direct mail, information regarding products and services offered by our affiliates and/or third parties, but such contact will come from us, not from our affiliates or third parties. You may then choose to communicate directly with our affiliates or third parties.

PRIMARY ADVERTISING: We may post banners, advertisements, affiliate links, sponsored ads and URL links on our Services that offer products and/or services offered by us, our affiliates, or third parties (in which the goods or services being offered may or may not be related and/or associated with our Services). Our computer system may match such offers with you based upon your Personal Information that we have along with your actions, content, bidding, purchasing, interactions and usage you perform on our Services. If you click on or visit a banner, advertisement, affiliate or link, you may be communicating directly with our affiliate or a third party and may no longer be on our Services, therefore, the data collection and use practices of that entity will control at that time. You affirm that you will be dealing with our affiliates and/or third party advertisers at your own risk and we will not be responsible for the actions, communications, transactions or dealings you may have with them.

SECONDARY ADVERTISING: With your consent, we may also provide additional secondary advertising for goods or services related and/or unrelated to our Services which may be offered either by us or a third party advertiser or an affiliate through our Services, alerts, posts, email, phone, text, fax, video or direct mail. You may then choose to communicate directly with our

affiliates or third parties if you have an interest in their offers. You affirm that we have no responsibility or liability regarding your dealings with these affiliates and third party advertisers.

You may withdraw your consent to receive such secondary promotions and ‘opt out’ at anytime by contacting us via email at 'Optout@BelowSpot.com or by using the opt out link on any of the promotional emails you may receive or by following other instructions that we may provide. If contacting us by email to opt out, please be sure to indicate in the ‘Subject’ line of your email to us that you wish to ‘opt out’ of receiving marketing materials and advertisements and be sure to include your Account name and the email address you use on your Account.

If you ‘opt out’ of receiving additional secondary advertising and marketing communications from us, affiliates and third party advertisers, we still maintain and reserve the right to provide primary advertising to you on our Services and to continue communication with you through various means, such as but not limited to; messaging, alerts, email, text, phone, fax, video, direct mail and overnight delivery regarding general information, news and updates pertaining to our Services.

10. Cookies:

Cookies: When you use our Services, we may use various types of cookies, web beacons, local storage and/or other similar tracking type technologies (“cookies”) on some and/or all of our Services. Cookies can be small files that are passed on to your browser (or other Devices) and stored on your hard drive or memory. The cookies we use may ultimately provide you with a more convenient and faster user experience with our Services.

Our cookies allow us to track, collect and/or store data (and/or your user data) so we are able to recognize and determine: repeat visitors; pages a user visits; functions a user performed; the time a user spends utilizing our Services, and other general user data. This allows us to try and create better Services while providing an overall faster and more rewarding experience for each individual user.

The cookies can also remember such things as your user name and password, Account settings and any other settings and/or preferences you set with our Services. This allows you to navigate through our Services without extra download time each time you visit and can provide you with a more enjoyable experience.

You may prohibit the use of cookies if the browser or Device you are using to access our Services allows you to do so, but restricting cookies may interfere with the functionality and navigational ability of some and/or all of our Services.

We may use third party advertising sources and other partners and/or affiliates to serve and/or provide ads and/or services to your Devices on our website(s), app(s) and/or Services which we may benefit from. In such cases, cookies or similar technologies may be used and/or placed by us or the third party.

This information about cookies on our Policy covers only the use of our cookies and not cookies that other websites, apps or services may utilize. If you connect or link to any other web page, website, app or service from our Services in any manner (such as might occur if you click on a search result, affiliate link, search category, banner, advertisement, sponsored link, ad or

otherwise) there may be cookies placed on your Device from that source that we do not control and that do not apply to us through your interaction with them and therefore, we will not be held accountable or responsible when you interact with any other source.

11. Account and Password Protection:

The user name that you select will identify you to all viewers of our Services when you bid, buy and win an auction and also when you ask questions on the Q&A feature of our auction listings.

When you create an Account, you will be required to provide Personal Information and you may allow us to access other personal and/or private information on your Devices – you will also be required to create a password. You agree that all information you provide to us when you create your Account and whenever you update your information will be truthful, current and correct.

You should take precautions to protect your password and keep it private as this is the key to your Account on our services. When creating your password, you should use a unique combination of numbers and/or letters that are not obvious. The password you create should not be disclosed to anyone. If you choose to share your password with others, they will have full access to your Account and your Personal Information. You are responsible for any and all actions taken by anyone who has obtained your user name and password even if those actions were taken by another individual. If you feel your password has been compromised or are concerned that someone else has your password, you should change your password immediately by signing in and going to the My Account page to change your password.

You are solely responsible for maintaining the confidentiality and security of your password and Account information and for any and/or all activity that occurs through your Account. You should not give your password or sign-in information to other people. In the event your password is lost or stolen, you should change your password immediately by signing in and going to the My Account page to change your password. If you have forgotten your password, use the ‘Forgot Password’ tool on the ‘sign in’ page of our Services to get a new password sent to the email address you have listed on file on your Account.

We are not responsible or liable for any harm, loss, augmentation or mutation of data or any type of activity or misuse or abuse of your Account or Personal Information that may occur should your Account become breached or compromised for any reason (including but not limited to your negligence or the hacking of our Services). It is prohibited for you to market, offer, transfer, barter, sell or assign your Account to another party. So please do your part in helping us protect your Account and Personal Information.

Beware of scam artists who might masquerade as us in an attempt to get into your Account or to obtain your Info or Personal Information. Should we ever need to validate or obtain information from you, we will contact you and direct you to provide the requested information through our Services – or in some cases, we may direct you to our website or Services and instruct you to use our correct website address: www.BelowSpot.com. Even if the request appears to come from us, do not provide any Account information or Personal Information – only do so through our Services or through our correct website address. Please contact us promptly at Support@BelowSpot.com to report any suspicious communications and be sure to reference it in the ‘subject’ line. Be sure to also include your Account name and the email address you’re using on your Account.

12. Viewing and Changing Your Account Information:

You can view and/or change and/or edit your Account information, password and other information at any time by simply signing in and then going to the My Account page. We may retain a record of the Personal Information on the Account information that you previously provided for a period of time determined solely by us.

13. Search Engine and Sponsored Links:

We may employ and allow you to use our own custom search engine and/or a search engine powered by another company while on our Services. In either case, we may post sponsored and/or advertiser links to your search results page (or on various pages of our Services including, but not limited to the auction pages) based upon the keywords in your search and your Personal Information, and/or your viewing, bidding & buying preferences.

You affirm that we are not responsible for any other websites, apps, products or services that you may be able to access from our Services and/or reference or link to from our Services. Those other websites, apps, products or services may have data collection and use practices that differ from our practices along with different user agreements, privacy policies and cookie policies that we do not control and that do not apply to us through your interaction with them and therefore, we will not be held accountable or responsible when you interact with these other sources.

14. Public Forums and Third Party Disclosures:

Our Services may allow or invite you to use blogs, chat rooms, email programs, message boards, forums, news groups, question & answer boards, instant live messaging, testimonials and/or similar communication and broadcast channels. Please note that any information you share in such channels may become public information that is available for others to see and extract. We will not be able to safeguard any information that you provide to third parties, so please act with caution.

Please note that any information, pictures, videos, content, bidding or buying information and/or any Personal Information you share, send or post in such channels may become public information that is available for others to view, copy and/or extract. We will not be able to safeguard any information and/or content and/or Personal Information that you disclose and/or provide openly or to third parties and/or to users and/or to your friends on our Services and we will not be responsible or held liable so please act with caution.

15. Contacting Us About a Deceased or Incapacitate User:

Should a user become incapacitated or deceased and legal rights to the assets and/or holdings of that user are legally transferred to you, then you may contact us regarding the Account, content and/or Personal Information if you are legally in authority. You will need to provide proper legal credentials and documentation which we must first review before access and/or information can be granted and released to you. Please contact us directly at: Support@BelowSpot.com (please be sure to provide a short general description in the ‘Subject’

line as to what your email is about and be sure to include the Account name and the email address used on that Account).

16. No Spam, Spyware or Extraction / Collection of Information:

Spam (unsolicited email) is unacceptable and forbidden on our Services. Any users/members caught spamming, or attempting to collect information and/or Personal Information on other users/members, or otherwise inappropriately using our Services will be in violation of our Agreement.

17. Opt-Out:

As discussed previously in this Policy, you may withdraw your consent to receive secondary promotions and advertisements and ‘opt out’ at anytime by contacting us via email at 'Optout@BelowSpot.com or by using the opt out link on any of the promotional emails you may receive or by following other instructions that we may provide. If contacting us by email to opt out, please be sure to indicate in the ‘Subject’ line of your email to us that you wish to ‘opt out’ of receiving marketing materials and advertisements and be sure to include your Account name and the email address you use on your Account.

If you ‘opt out’ of receiving additional secondary advertising and marketing communications and promotions from us, affiliates and third party advertisers, we still maintain and reserve the right to provide primary advertising to you on our Services and to continue communication with you through various means, such as but not limited to; messaging, alerts, email, text, phone, fax, video, direct mail and overnight delivery regarding general information, news and updates pertaining to our Services.

Please note that if you opt out of receiving our secondary advertising, we will continue to communicate with you through various means, such as but not limited to; messaging, alerts, email, text, phone, fax, video, direct mail and overnight delivery, regarding your transactions on our Services and your relationship with us. The only way to opt-out of these communications is to terminate your Account.

18. Accessing, Reviewing and Changing Your Personal Information:

To access, review and/or change any of your Personal Information, sign in on our website or Services and go to My Account. We may retain a record of the Personal Information that you previously provided.

19. Voluntary Termination of Your Account:

You may terminate and close your account by contacting us at Support@BelowSpot.com (please be sure to provide a short general description in the ‘Subject’ line as to what your email is about and be sure to include the Account name and the email address used on that Account). In order for you to terminate your Account, you must email us your request from the email address you have on file in your Account with us. We may retain your Personal Information on file indefinitely at our discretion from terminated accounts.

20. Involuntary Suspension or Termination of Your Account:

As per our User Agreement, we reserve the right to suspend or terminate users and close their accounts for any reason that we deem appropriate or necessary, including but not limited to fraud, abuse, sale of prohibited items, spam, hacking, unethical practices, improper use of our Services, infringement, theft, and any other violations of our Agreement. We may retain Personal Information from terminated accounts.

In our sole discretion, we may pause, limit, suspend, cancel, modify and/or terminate your Account (whether active, dormant and/or inactive) at any time and for any reason we deem necessary or appropriate. Upon suspension or termination, all fees and charges owed to us by you and/or your Account are immediately due and payable.

Upon your deactivation and/or our suspension and/or termination of your Account, you agree that we reserve the right to continue to store and maintain (for a length of time solely determined by us) any content and/or Personal Information you provided (or we collected) at any time to/by us (or through our Services) along with us being able to continue to utilize (for a length of time solely determined by us) any content and/or Personal Information you provided (or that we collected) at any time and obtained by us and/or that was shared/posted, provided, transmitted and/or sent or displayed to other users by your Account through our Services.

At our discretion, we may block or prevent you from attempting any future access to using our Services. If we have limited, suspended or terminated your Account, you may not attempt to circumvent the action we have taken by accessing and/or operating on our Services by creating another Account (whether under your name, a modified name, or under other names or fictitious and/or real names or by utilizing other ISPs or Accounts to attempt to access our Services). Upon suspension and/or termination of your Account, all licenses and/or other rights and privileges provided to you through our Agreement for our Services will cease immediately and entirely.

Please note that after your deactivation and/or our suspension or termination of your Account, your content and/or Info may still be available and viewed on our Services by others if it was displayed, posted, sent, shared or copied by you and/or other users and thus, displayed, captured and/or stored in other user Accounts.

21. Contacting Us:

You can contact us directly at: Support@BelowSpot.com (when emailing us, please be sure to provide a short general description in the ‘Subject’ line as to what your email is about and be sure to include your Account name and the email address you use on your Account). You can also contact us by calling us at the phone number displayed on our website and on our Services or by using the live chat feature on our website and on our Services.