Privacy Policy

1What Information Do We Collect?§

When you visit the Site, apply become a Participant and/or become a Participant, we may collect, store, and process various kinds of data, including personal information about you. Personal information refers to information about you that can be used to identify you.

Information We Collect on the Site

We may collect personal information when you visit the Site and:

• Submit a form, including but not limited to a form related to the Creator Program, on the Site;
• Contact us with inquiries, including via email; or
• Otherwise voluntarily provide information.

When you visit the Site, we may also automatically collect certain details of your visit to the Site and the pages you access, including, but not limited to, traffic data, location data, weblogs and other communication data, including your IP address, browser type, the date and time you accessed or left the Site, and which pages you viewed. Some parts of the Site use cookies and other technologies to collect this information about your general internet usage.

We use cookies (small text files stored in your browser) and other techniques such as web beacons (small, clear picture files used to follow your online activities) ("Tracking Technologies"). Tracking Technologies collect information that tells us how you use the Site, web-related products and Services. The use of Tracking Technologies does not give us access to the rest of your devices.

This, in turn, helps us make the Creator Program relevant to your and Client's interests and needs. We use a number of different Tracking Technologies, including functional, performance, advertising, and social media or content cookies.

Information We Collect for the Creator Program

In connection with the Creator Program, we may collect:

• Content you create on any social media channel, including but not limited to, TikTok, Instagram, Twitch, YouTube, Facebook, X (formerly, Twitter), and any other social media channel(s) or platforms now known or hereafter devised.
• Other information you provide directly to us as a Visitor to the Site and/or Participant in the Creator Program.

2Why We Collect Information§

We may use the information we collect for the following purposes:

• To present the Creator Program to you;
• To personalize your experience;
• To provide you with information, products or services, including customer service that you request from us;
• To administer a Creator Program feature;
• In any other way we may describe when you provide the information;
• To perform analytics to learn about the behavior of Visitors, Participants or otherwise improve the Site and/or Creator Program;
• To send periodic emails to Visitors or Participants relating to the Site and/or Creator Program;
• To assess or exercise a legal right;
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Visitors, Participants and Client is among the assets transferred.

3How Do We Share Your Personal Information§

We may disclose the personal information we gather from our Visitors and Participants as follows:

• With Client, affiliates, contractors, service providers, and other third parties we use to support our business, the Site and/or the Creator Program;
• For any other purpose disclosed by us when you provide the information;
• With third parties for interest-based advertising and data analytics;
• For any purpose with your consent;
• With affiliates if you opt-in to receiving communications from affiliates;
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about Visitors, and/or Participants is among the assets transferred;
• To enforce any agreement, including any applicable terms of service;
• To establish or exercise our right to defend against legal claims;
• To law enforcement and other government authorities such as legislatures, courts, agencies and litigants if we reasonably believe that such action is necessary to: (a) comply with the law and the reasonable requests of governmental authorities; (b) comply with legal process; (c) respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) protect the security or integrity of the Services' information systems; and/or (e) exercise or protect our rights, privacy, safety or those of affiliates, clients, you or others; and
• If we reasonably believe disclosure is necessary or appropriate to protect the rights, property, or safety of Loaded or others.

We share the information we collect as part of our services to Client in connection with Client's Creator Program. We may disclose certain information to Client to support growth, engagement, utilization and commercialization related to the Creator Program. Some information may be individualized, such as your personal information, engagement level, and other content you voluntarily provide to us or upload onto your social media channels, while other information may be in the form of de-identified data or statistical and analytic outputs of the Creator Program.

4Choices About How We Use and Disclose Your Information (Opt-Out Options)§

You can exercise choices about how your information is collected and disclosed in the following ways:

• Deletion and Withdrawal Requests. You can request at any time that we delete any of your information stored by us, by contacting us as provided below; however, this will not affect any processing that has already taken place. Following any such request, we will take all reasonable steps to delete your information as soon as is practicable, but we reserve the right to retain certain information to the extent necessary for operation of the services and standard business practices, in archived/backup copies for our records, or as otherwise required by law. Where you have consented to our use of your information, you may withdraw that consent at any time and opt-out to further use by contacting us and letting us know what use of your information you wish to opt-out of, though, in some cases, this may mean you are no longer a Participant.
• Tracking Technologies on the Site. Most browsers accept cookies automatically. You may be able to set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. For instructions, check your browser's technical information. If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly. Please note that cookie-based opt outs must be performed on each device and browser that you wish to have opted out.

5"Do Not Track" Requests§

The Site does not currently respond to "do not track" or other similar signals.

6How Do We Protect Your Information?§

To protect your personal information, we take commercially reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed. However, no data protection procedures are entirely infallible. As a result, while we strive to protect your personal information, we cannot guarantee that it will be 100% secure. Your transmission of your information to our Site or through your participation in the Creator Program thus is done entirely at your own risk.

7California Visitors§

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@hitscan.la.

8International Visitors§

The Site and the Creator Program are hosted and operated in the United States ("US"). By interacting with the Site and/or participating in the Creator Program, you are consenting to the transfer of your personal information to the US. If you are accessing the Site and/or participating the Creator Program from outside of the US, please be advised that US law may not offer the same privacy protections as the law of your jurisdiction.

9European Union Visitors§

For Visitors and Participants residing in the European Economic Area (EEA), the General Data Protection Regulation ("GDPR") may be applicable.  The GDPR provides a framework for organizations to ensure protection of the personal information of European citizens and gives European citizens certain rights.

Legal Basis for Processing

If you are an individual located in the EEA, United Kingdom, or Switzerland, our legal basis for processing your personal information will depend on the personal information concerned and the specific context in which it is collected.  However, we will normally collect or process personal information from you only where:

• We have your consent to do so; or
• We need the personal information to perform a contract with you (e.g. to deliver services).

In some cases, we may also have a legal obligation to process personal information from you or may need the personal information to protect your vital interest or those of another person.  If we rely on your consent to process the personal information, you have the right to withdraw or decline your consent at any time in writing or as otherwise permitted.  Please note that this does not affect the lawfulness of the processing based on consent before withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Retention

We will retain your personal information for as long as is needed to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements, unless a longer retention period is required or permitted by law.

Rights to Access and Control Your Personal Data

Individuals residing in the European Economic Area, United Kingdom, and Switzerland have certain rights to access and control their personal data.  These rights include:

• the right to be informed;
• the right of access;
• the right to rectification;
• the right to erasure;
• the right to restrict processing;
• the right to data portability;
• the right to object; and
• rights in relation to automated decision making and profiling.

For a full list of rights, please visit www.eugdpr.org.

10Users Only of Legal Age of Majority§

The Site and the Creator Program do not intend to collect information about children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not engage with the Site or join the Creator Program. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18 without verifiable parental consent, please contact us at support@hitscan.la or by using the contact information below.

11Review and Correction of Your Information§

You may review and edit the information we collected about you at any time by using the contact information listed at the end of this Privacy Policy. If your information has been shared with a third party, as described elsewhere in this Privacy Policy, then that third party has received its own copy of your data. If you have been contacted by one of these third parties and wish to correct or delete your information, please contact them directly.

12Privacy Policy Updates§

We update the Privacy Policy from time to time, so please review it regularly. If we materially change our Privacy Policy, we will notify you by posting a notice on our Site. Your continued interaction with the Site or continued participation in the Creator Program will be deemed your agreement that your information may be used in accordance with the updated Privacy Policy. If you do not agree with the changes, then you should stop using the Site and/or stop your participation in the Creator Program.

13Contact Us§

If you have any questions or comments about this Privacy Policy, or if you would like to contact us about the Site, Creator Program or your data privacy / opt-out options, please contact us at: support@hitscan.la.

You can also reach us by mail at:

Loaded Holdings Inc.
Attn: Privacy Policy
1119 Colorado Ave, STE B
Santa Monica, CA 90401

You can also reach us by phone at:
424-260-4664