PRIVACY

BULLPEN SPORTS NETWORK, INC. PRIVACY POLICY
EFFECTIVE AS OF JUNE 15, 2020 AND LAST UPDATED ON NOVEMBER 16, 2023
In this Privacy Policy (“Policy”), we describe how Bullpen Sports Network, Inc. (d/b/a Wave Sports + Entertainment (“WSE”)) collects, uses, and discloses information that we obtain about visitors and contributors to our website www.wave.tv (the “Site”), the services available through our Site, including any related social media pages, and any other services or sites that link to this Policy (collectively, the “Services”).
By visiting the Site, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service, including its applicable limitations on damages and the resolution of disputes. The WSE Terms of Service (the “Terms”) are incorporated by reference into this Policy.

The Information We Collect About You

We collect information about you directly from you and from third parties, and automatically through your use of our Site or Services.

Information We Collect Directly From You. The information we collect from you depends on how you use our Services. We collect personal information from you in the following ways:

1. When you Submit Content: Name, social media handle, phone number, URL for content or video upload, country, age.
2. When you Purchase Our Products: Name, address (e.g., billing and shipping), email address, payment information, and wireless telephone number (optional).
3. General personal data submission: Name, email, phone number, social handles, portfolio URL.

Information We Collect From Other Entities. On occasion we may obtain personal information about you from third parties, such as the social media platforms on which we distribute our content, which we process to allow us to operate and improve the Services or market our Services.

Information We Collect Automatically. When you visit our Site or Services, we automatically collect information about your use of our Site and Services through cookies, web beacons, and other technologies, including technologies designed for mobile applications and devices (e.g., IP address, browser type, operating system, device name and model, site usage and navigation). To the extent permitted by applicable law, we combine this information with other information we collect about you, including your name, email, address, purchase history. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

How We Use Your Information

We use your information, including your personal information, for the following purposes:

• To provide our Services to you and to fulfill your orders.
• To communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes.
• To tailor the content and information that we may send or display to you, to personalize help and instructions, and to otherwise personalize your experiences while using the Services.
• To send you direct marketing by email and SMS messaging about our products and services.
• To send you news and newsletters.
• To assist us in advertising on third party websites, mobile applications, and other online services, and to evaluate the success of our advertising campaigns through third party channels (including our online targeted advertising and offline promotional campaigns).
• To analyze and improve the Service and promote our business. For example, we may create aggregated, de-identified or other anonymous data from personal information we collect by removing information that makes the data personally identifiable to you, and may share this information for marketing, advertising, research or similar purposes.
• To better understand how users access and use our Services, both on an aggregated and individualized basis. For example, we will evaluate which features of our Site and Services are more (or least) used by users, and we will use this information.
• For our own research and analytics purposes.
• To administer our customer loyalty program.
• To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
• To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
• Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Privacy Policy.
• Other purposes would include: (1) Filing reports to our investors and affiliates; and (2) Compliance with applicable laws.

How We Share Your Information

We may share your information, including personal information, as follows:

• Service Providers. We disclose the information we collect from you to service providers, contractors or agents who perform functions on our behalf. These service providers include payment card processors, data analytics firms, web hosting and storage vendors.
• Affiliates. We disclose the information we collect from you to our affiliates or subsidiaries.
• Social Media Platforms (e.g., Facebook, Twitter, TikTok). Your username and profile picture will be visible to all other WSE users, regardless of whether they are your Facebook friends.
• Company Users. Your username and any information that you post to our Site, including, without limitation, reviews, comments, and text will be available to, and searchable by, all users of the Site and Services.
• Advertising partners. We may disclose personal information about you to our vendors to assist us with providing or marketing our Services to you, including as described in the “Our Use of Cookies and Other Tracking Mechanisms” section below.

We also disclose information in the following circumstances:

• Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and third-party advisors, including attorneys and consultants.
• In Response to Legal Process. We disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
• To Protect Us and Others. We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.

Our Use of Cookies and Other Tracking Mechanisms

We and our third-party service providers use cookies and other tracking mechanisms such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to track information about your use of our Site or Services. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).

Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service. We use the following types of cookies:

• Essential Cookies: Required for providing you with features or services that you have requested. Disabling these cookies may make certain features and services unavailable.
• Functionality Cookies: Used to record your choices and settings regarding our Services, maintain your preferences over time, and recognize you when you return to our Services.
• Performance/Analytical Cookies: Allow us to understand how users use our Services by collecting information on how often a user engages with a particular feature.
• Marketing Cookies: Collect data about your online activity and identify your interests so that we and our advertising partners can provide relevant advertising.

Privacy Rights and Choices

Opt-out of marketing communications. You may opt out of marketing-related communications by following the opt-out or unsubscribe instructions in the communications you receive from us or by contacting us as provided in the “Contact Us” section below.
Personal information requests. We offer you choices that affect how we handle the personal information that we control. Depending on your location and the nature of your interactions with our Services, you may request the following:

• Information about how we have collected and used personal information.
• Access to a copy of the personal information that we have collected about you.
• Correction of personal information that is inaccurate or out of date.
• Deletion of personal information that we no longer need.
• Withdrawal of consent regarding personal information processed with your consent.

Submission of User Generated Content

You may submit content as directed on our Site and Services, including comments, pictures, and any other information that you would like to make available through our Site or Services.

Third-Party Links

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites.

Security of My Personal Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

Retention

We keep your personal information for as long as reasonably necessary for the purposes described in this Policy.

Children Under 16

Our Site and Services are not designed for children under 16. If we discover that a child under 16 has provided us with personal information, we will delete such information from our systems.

Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at privacy@wave.tv or contact us at our toll-free number (800) 771-6382.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically.