STQRY, INC. PRIVACY POLICY

Last Updated March 2014

We at STQRY, Inc. ("STQRY," "we," "us," or "our") have created this privacy policy (this "Privacy Policy") because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of STQRY in connection with our online services, which are made available to you through a variety of platforms, including, but not limited to, http://www.stqry.com (the "Website") and our app, which is accessible through tablets, cell phones, personal digital assistants, connected televisions, and other devices (the "App"). The Website and the App are collectively referred to as the "Platform."

Description of Users and Acceptance of Terms

This Privacy Policy applies to visitors to the Website, who view only publicly-available content ("Visitors"), end users ("Users"), who have signed up to use our services (the "Services") via the Platform, and organizations, such as museums, zoos, and other cultural institutions ("Organizations") and their administrators ("Administrators"), who have signed up to post audio and audio-visual content ("Stories") to the Platform for Users to enjoy.

By visiting our Website, Visitors are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use.

By signing up, accessing, and/or using the Platform: (i) each User and Administrator is agreeing to the terms of this Privacy Policy and the accompanying Terms of Use; and (ii) each Organization is agreeing to the terms of this Privacy Policy and the accompanying Customer Agreement.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in the Terms of Use (when such term concerns Users and/or Administrators) or the Customer Agreement (when such term concerns Organizations).

The Information We Collect and/or Receive

In the course of operating the Platform, STQRY will collect (and/or receive) the following types of information.

1. Personal Information

When you sign up to become a User or an Administrator, you will be required to provide us with personal information about yourself, such as your name, e-mail address, and date of birth. When an Organization signs up, it will need to provide its name and address. Users and Administrators may elect to use Facebook Connect or similar logins to automatically populate certain information on our registration page. If you use such third-party logins, you are authorizing STQRY to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that Facebook, Inc. ("Facebook") or such other third parties could provide to us through their application programming interface ("API"). Such information may include, without limitation, your first and last name, Facebook username, Facebook profile picture, unique Facebook identifier and access token, and e-mail address.

All information we collect and/or receive under this section is collectively called "Personal Information."

In connection with some Services, we may receive from Organizations certain Personal Information about Visitors and Users, such as the names and e-mail addresses of an Organization's members.

We do not collect any personal information from Visitors when they use the Website, unless they provide such information voluntarily, such as by registering or sending us an e-mail or signing up for a newsletter.

2. Billing Information

When Organizations sign up to use the Platform, they will be required to provide certain information in addition to the Personal Information noted above. Such information may include a debit card number, credit card number, expiration date, billing address, activation codes, and similar information. Such information is collectively called the "Billing Information." If Users would like to make purchases or donations via the Platform, they also will need to provide such Billing Information.

3. Order Information

When Organizations order a Module or Users purchase products or make donations via the Platform, they must provide us with certain information about the transaction they are seeking to execute. Such information is collectively called the "Order Information."

4. Geolocational Information

Certain features and functionalities of the Services are based on a User's location. In order to provide these features and functionalities while a User is using a mobile device, we may, with the User's consent, automatically collect geolocational information from that User's mobile device or wireless carrier and/or certain third-party service providers. Such information is collectively called the "Geolocational Information." Collection of such Geolocational Information occurs only when the Services are running on a User's mobile device. Users may decline to allow us to collect such Geolocational Information, in which case STQRY will not be able to provide certain features or functionalities to that User.

5. Other Information

In addition to the Personal Information, the Billing Information, the Order Information, and the Geolocational Information, we may collect or receive additional information (collectively, the "Other Information"). Such Other Information may include:

b. From Your Activity. In an ongoing effort to improve the Services, we automatically collect certain information when Visitors visit the Website and when Users, Administrators, and Organizations use the Platform. Such information includes, without limitation:

  • IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website Visitors visit, etc.;
  • Information about a mobile device, including universally unique ID ("UUID"), platform type and version (e.g., iOS or Android), carrier and country location, hardware and processor information (storage, chip speed, camera resolution, NFC enabled, and network type (WiFi, 2G, 3G, 4G); and
  • Activity and usage information occurring via the Services, including Organizations that a User visits; items, exhibits, Stories, and Premium Content that a User views and scans and the duration and sequence of such viewing; in-Service purchases and donations; survey responses; preferences; session lengths; and similar data.

b. From Cookies. Information that we collect using "cookie" technology. Cookies are small packets of data that a website stores on your computer's or mobile device's hard drive so that your computer will "remember" information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Platform. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser's documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Platform may not function properly.

c. From You. Additional information that Visitors, Organizations, Administrators, and Users voluntarily provide to us. For an Organization, such information may include a description about the Organization and a host of other information about its exhibits, Stories, Premium Content, and mission. For Users, Visitors, and Administrators, such information may include their hobbies, personal interests, household income range, number of children, gender, country, product and service preferences, and other information that does not identify them personally.

d. From Other Sources. Information that we collect or receive from third parties, such as Organizations, Facebook, and/or other third-party social media sites.

The Information Collected by or Through Third-Party Advertising Companies

We may share Other Information about your activity on the Platform with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Platform and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser's cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.

How We Use and Share the Information

We use the Personal Information, the Billing Information, the Order Information, the Geolocational Information, and the Other Information (collectively, the "Information") to provide and improve our Platform and Services; to process orders and donations; to administer our contests, sweepstakes, rewards, and other promotional programs; to solicit your feedback; to inform you about our products and services and those of our promotional partners and participating Organizations; and to bring you customized newsletters based on your activity on the Platform.

We may also use and/or share Information as described below.

  • We may share Personal Information, Order Information, Geolocational Information, and Other Information about our Users with participating Organizations so they can offer our Users special products, services, discounts, tickets, and other items through the Platform. Likewise, we may receive information from such Organizations to offer our Users special items or Services.
  • We may, from time to time, share and/or license Personal Information, Order Information, and/or Other Information to other companies who may provide you information about the products and services they or their partners offer. However, to the extent required by law, you will be given the opportunity to opt-out of such sharing.
  • We will access, use, and share the Information as required to fulfill our contractual obligations to you or subsequent requests for Services and/or support by you.
  • We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
  • In an ongoing effort to better understand our Visitors, Users, Organizations, Administrators, and the products and services of STQRY, our promotional partners, and participating Organizations, we may analyze certain Geolocational Information, Order Information, and Other Information in anonymized and aggregate form in order to operate, maintain, manage, and improve the Platform and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, participating Organizations, and other third parties. We may also disclose aggregated user statistics in order to describe the Platform and these products and services to current and prospective business partners and to other third parties for other lawful purposes.
  • In order to provide our Services and administer our contests, sweepstakes, rewards, and other promotional programs, we may share your Personal Information, Order Information, and Other Information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
  • With your permission, third-party applications or services may access your Personal Information. We use standard OAuth (open authorization) to enable you to give permission to share your Personal Information with other websites and services, such as Facebook and Twitter (e.g., when you agree to a pop-up requesting you to allow another application to access your account information). We also use OAuth to allow us to share information about you that is stored by us without sharing your security credentials.
  • We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
  • As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
  • To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of STQRY or others.

Accessing and Modifying Information and Communication Preferences

Anyone who has signed up to use the Platform may access, remove, review, and/or make changes to the same by following the instructions found on the Platform. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the "unsubscribe" link located on the bottom of any STQRY marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. Users, Administrators, and Organizations cannot opt out of receiving transactional e-mails related to their account with STQRY.

How We Protect the Information

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. We use industry-standard SSL ("Secure Socket Layer") encryption technology, a secure server, and other physical and procedural safeguards to protect the security of the Information. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Important Notices to Non-U.S. Residents

It is important to note that the Platform and its servers are operated in the United States and elsewhere. If you are located outside of the United States, please be aware that any Personal Information you provide to us will be transferred to the United States and potentially other countries. By using the Platform and by providing us Personal Information when using our Services, you hereby irrevocably consent to this transfer and our use of the Information and data provided by you in accordance with this Privacy Policy.

External Websites

The Platform may contain links to third-party websites. STQRY has no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

Children

We do not knowingly collect Personal Information from children under the age of 13 through the Platform. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information through the Platform without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

California Residents

Under California Civil Code Section 1798.83, California residents who have an established business relationship with STQRY may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to support@stqry.com with "PRIVACY POLICY" in the subject line or write to us at:

STQRY, Inc.

c/o Lowenstein Sandler, LLP

390 Lytton Avenue

Palo Alto, California 94301

Attention: Matt Kirmayer

In addition, STQRY does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser "Do Not Track" settings and/or signals.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. By accessing the Platform and/or using the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please contact STQRY via e-mail at support@stqry.com with "PRIVACY POLICY" in the subject line.