Last Updated: November 2, 2023

Blitz Studios, Inc., and as applicable, its subsidiaries and affiliates (collectively, “Sleeper,” “we,” “our,” or “us”) own and operate the Sleeper mobile application and website, located at www.sleeper.com, through which we offer free-to-play games, paid-entry contests of skill, and other games, tools, and fantasy sports-related products and services (collectively, the “Services”). Before accessing or using the Services, please read this Privacy Policy (the “Privacy Policy” or “Policy”).

This Privacy Policy shall be supplemental to, and hereby incorporate by reference, our General Terms of Use (the “GTOU”). This Policy and the GTOU, together with any additional terms, addendums, or documents that may be referenced herein (including, but not limited to, Sleeper’s Paid-Entry Contest Terms of Use), form an agreement between you and us in connection with the Services. Any capitalized terms not defined herein shall be given the meaning ascribed to them in the GTOU and/or Paid-Entry Contest Terms of Use. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, THEN YOU MUST NOT ACCESS OR OTHERWISE USE THE SERVICES.

This Privacy Policy sets forth our practices for handling the information that we collect from or about you. It applies to any and all Services offered by Sleeper. By accessing the Services, you are consenting to the information collection and use practices described herein.

1. Collection of Information. We collect several types of information from and about users of our Services. This information is provided to us either directly by you or through your use of our Services. We collect the following categories of information when you use the Services, which includes but is not limited to:

· Sign-in information, including e-mail address, name, authentication information, telephone/mobile phone numbers, and/or any passwords you create;

· Profile information, including your interests, preferences, feedback, photograph, and/or avatar;

· Age-range, and should you identity as under 18, your birthdate;

· Identification and other verification information, should you seek to register for our paid-entry contests of skill – this information may include copies and information from identification documents (such as your driver’s license or passport), tax-related information, and any other information we may need to verify your identity and/or comply with applicable laws and regulations, and other sensitive personal information such as your social security number;

· Services engagement information, including discussion topics you create or comment on, league information, information we collect from you when you connect to our Services to third-party platforms, websites, and/or social network services or use other social or player-to-player functionality, and/or information collected when you invite your friends to use the Services;

· Photo, chat, and messages information, including photos, animated images, and direct or private messages sent to other users, as well as group messages sent to members of a particular group or league using our league-specific chat feature;

· Commercial information, including records of products or services purchased or obtained, as well as other purchasing or consuming histories. By way of example only: a) if you use our paid entry contests of skill, we collect information about the contest entry fees you have paid, prize history, and/or withdrawal information; and b) where applicable, we collect information about your purchase of virtual currencies and virtual items within relevant portions of the Services;

· Address book / contact information, in accordance with your device permissions;

· Correspondence you send to us and other information, including information that you provide us with when you fill in forms or answer questions or surveys when using any of our Services, contact us through our customer service channels, respond to messages and communications that we send you, and/or interact with us on our social media channels;

· Payment information, from you or on behalf of our payment service providers, including billing or PayPal information; our payment service providers will provide us with information about your purchases to that we know if a purchase has been successful; when you purchase items via our mobile applications (such as those you can purchase in the App Store, on Facebook, and/or on GooglePlay), we do not receive any payment information from you;

· Device error information, including information about the error, the time the error occurred, the feature being used, the state of the application when the error occurred, and/or any communications or content provided at the time the error occurred;

· We may automatically collect internet, electronic activity, and other information automatically from the devices and browsers that you use, including your device type; internet protocol (IP) address; device and advertising identifiers; default device language; application usage information; browser type and version; operating system and platform; internet service provider; date and time of your visit; information about the links you click, pages you view, and advertising you interact with within the Services and other information about how you use and interact with the Services (By way of example only, this could include details about how and when you play our games or visit our website); the technology on the devices you use to access the Services; standard server log information; probabilistic identifiers, other unique personal, and/or on-line identifiers; time zone setting and location; browsers plug-in types and versions; pages that you visit before and after using the Services, browsing history, and search history; and/or inferences used to create a profile about preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; and

· Any other information you provide to use directly or indirectly through using or otherwise accessing the Services.

We may also collect information about you from other affiliated or third-party companies (including but not limited to publishing partners, platforms, advertising platforms and partners, and/or data aggregators), which may include attributes about you and your interests, as well as other services you use, demographic data, and general location information.

In addition, we also receive information about you from other sources, including but not limited to, other users of our Services, and third-party services and organizations. By way of example only, if you access any social media or similar service through the Services (Facebook, Instagram, Tik Tok, Twitter, etc.) to login or to share information with others, we may collect your user ID and username associated with that social media account, as well as any information you make public using that social media account. We may also collect information you have authorized the social media service to share with us (such as your user ID, public profile information, email address, birthday, friends lists, and pages you have “liked”).

We will use the information as described herein subject to any limitation this Policy sets forth, as well as any applicable law. Information collected from third-parties referenced herein may also be subject to their own privacy policies and other rules/regulations.

2. Use of Information and Purpose of Data Processing. We use and otherwise process each of the categories of information identified above for various business purposes, including but not limited to:

· Administering and providing products and services that you request, including allowing you to participate in games and other features of our Services, engaging with other users through our social features, managing your account, and processing your payments, deposits, withdrawals, and/or other account activity;

· Communicating with you, including making suggestions and recommendations to you, sending you promotional materials from us or on a third-party’s behalf, and notifying you about changes to this Policy and/or relevant terms;

· We may use your information to send you direct marketing and promotional materials relating to our Services and/or other products (including by e-mail) on our or a third-party’s behalf.

· Verifying your identity and information, such as when you register to play paid entry contests of skill or where otherwise appropriate;

· Improving our Services and to ensure that content is presented in the most relevant and effective manner for you and your device, including troubleshooting, data analytics, testing, research, and statistical and survey purposes; we may also use personal information to create aggregate or de-identified information that is no longer subject to this Policy;

· Providing you relevant advertising, including advertising that you see while using the Services;

· Keeping our Services, businesses, and users safe and secure, complying with applicable laws and regulations, and protecting or exercising our legal rights, including defending against legal claims; by way of example only, this includes use of your information to detect, prevent, and investigate fraud and other illegal activity and violations of this Policy and/or or other guidelines/rules; we may monitor chat, direct messaging, and other messages sent through the Services for these purposes;

· As described to you when collecting your information; and

· For any other lawful purpose.

3. Disclosure of Information. We are committed to maintaining your trust, and we want you to understand when and with whom we may share information we collect, which may include but not be limited to:

· Authorized third-party vendors and service providers. We share your information with third-party vendors and service providers who provide services to us for a variety of business purposes, such as identity verification, payment processing, customer service, e-mail deployment, advertising and marketing, security and performance monitoring, maintaining or servicing accounts, and processing or fulfilling orders and transactions. These third-parties collect, use, and access your data to perform their functions, and we may allow them to use information about you for their own purposes in accordance with applicable law;

· Chat, testimonial, and other social features. Your information may be shared with other users and made public if you use certain functionalities of our Services. By way of example only, the Services may include social features that enable you to interact with other users. These features may enable other users to your username, avatar, scoring, and/or other gameplay-related information. Depending on your settings, other information in your profile may be shared with other users. In addition, other users may be able to see anything that you post to any public discussion topic, channel, chat, and/or other open areas in our Services (the “Public Areas”). We may publish the information you submit to us alongside your name, username, and/or location on our website(s), scores, social media channels, for promotional purposes. You should use caution in disclosing information while utilizing using the Public Areas and we are not responsible for the information you choose to submit therein;

· Corporate affiliates. We may share your information with our corporate affiliates;

· Business transfers. We may share your information in connection with a corporate transaction, such as sales, mergers, consolidations, an initial public offering, and/or in the unlikely event of a bankruptcy;

· Legal purposes. We may disclose your information to respond to subpoenas, court orders, the general legal process, law enforcement requests, claims, and/or government/regulatory authority inquiries (including those made by the Internal Revenue Service and other appropriate taxing authorities), and to protect and defend the rights, interests, safety, and security of Sleeper, our affiliates, users, and/or the public; and

·

· With your consent and/or direction. We may share your information for any other purpose disclosed to you at the time we collect and/or share the information, pursuant to your consent or direction. By way of example only, we may provide your personal information to payment processors in order to process payment instruction.

4. Advertising, Cookies, and Similar Technologies. When you use the Services we, along with our third-party advertising partners (including but not limited to ad exchanges, ad networks, and/or ad servers) use cookies, pixel tags, local storage, mobile advertising IDs, and other similar technologies (collectively, “Cookies”) to collect information from your browser and/or device.

We use various service providers to help analyze how people use our Services. These service providers use cookies and similar technologies to collect information pertaining to how people use our website and mobile application and elsewhere based on your on-line activities over time and across different sites, services, and devices, as well as for other lawful purposes. We use the information we get from these service providers to improve and optimize our website, mobile application, and Services.

One of the service providers we use is Google Analytics, which helps us understand how you use our Services. Google Analytics collects data about your traffic via Google advertising cookies and anonymous identifiers, as well as data collected through standard Google Analytics implementation.

Our use of cookies is detailed below.

You may revoke your consent to the use of web analysis at any time, either by downloading and installing the provided Google Browser Plugin or by following your internet browser’s instructions to enable, disable, or clear cookies.

By using the Services, you consent to our use of Cookies and other similar technologies. The following non-exhaustive list notes some of the types of Cookies that are used on our Services:

· Essential Cookies – These enable you to use our Services and are essential to enable you to browse our Services and use certain features. Disabling them may prevent you from using certain parts of the Services. Without them, certain parts of the Services cannot be provided. These also help keep our Services safe and secure;

· Preference Cookies – These store information such as your preferred country and language selection, login data, and website preferences. Without them, our Services may not be able to remember certain choices you have previously made (such as a saved country or language preference) or personalize your browsing experience by providing you with relevant information. These can also be used to recognize your device so that you do not have to provide the same information more than once;

· Performance Cookies – These collect information about how you use our Services such as which pages or parts of them you visit regularly. These are used to provide you with a high-quality experience by doing things such as tracking page load, site response times, and error messages; and

· Content/Advertising Cookies – These gather information about your use of the Services so we may improve your experience and provide you with more relevant content and advertising on our Services and elsewhere on-line and across your devices. They are also used to gather feedback on customer satisfaction through surveys. They remember that you’ve visited our Services and help us understand usage of our Services. Some of them are from third-parties that collect information about your use of the Services in order to provide advertising (on our Services and elsewhere) based on your on-line activities. We do not control the privacy practices of these third-parties, and said practices are not covered by this Policy, you should review their terms prior to any disclosure.

Some mobile and web browsers transmit “do not track” signals. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of their existence. Our website is not currently configured to alter its behavior or respond to “do not track” signals.

5. U.S. State Privacy Notice

You may be entitled, in accordance with applicable law, to object to or request restriction of processing of your information, and to request access to, rectification, erasure, and portability of your information or as applicable, more information about our practices. This U.S. State Privacy Notice is designed to provide you with notice of our recent information practices over the prior 12 months from the “Last Updated” date of this Privacy Statement. This U.S State Privacy Notice also applies to our current data practices such that it is also meant to provide you with “notice at collection”.

For any new or substantially different processing activities that are not described in this U.S. State Privacy Notice, we will notify you as required by the applicable U.S. Privacy Laws, by updating this U.S. State Privacy Notice.

Generally, we collect, retain, use and disclose your information for business purposes. We do not sell your information for monetary consideration; however, we may share your information with third parties in a way that may be considered a sale of your information under applicable U.S. Privacy Laws. These sales are subject to your right to opt-out.

In the preceding 12 months, we have disclosed your information for the following business purposes. The table below describes the categories of information in the left column, examples of data types within the applicable categories in the middle column and the right column states the categories of recipients that receive such information as part of disclosures business purposes.

Under certain U.S. Privacy Laws, you have specific rights regarding your information. Other jurisdictions, or countries (see EU and other Country Privacy Notices) may also provide similar rights. This section describes U.S. Privacy Law rights you may have and how to exercise those rights. For any of the following rights, we will first verify your identity prior to providing any information. We may verify your request, such as by requesting additional information from you.

· Right to Know and Data Portability: You have the right to request that we disclose certain information to you about our collection and use of your information over the past 12 months, which includes:

o The categories of information we collect about you.

o The categories of sources from which we collected information.

o Our business or commercial purpose for collecting or selling (when applicable) that information.

o The categories of third parties with whom we share information.

o The categories of information about you that we disclosed for a business purpose, and the categories of service providers to whom disclosed that information for a business purpose.

Additionally, you may request that we provide the specific pieces of information we collect about you in a portable format.

· Right to Delete: You have the right to request that we delete any of your information that we have collected from you and retained, subject to certain exceptions. We may deny your deletion request if retaining the information is necessary for us or our service providers to:

o Complete the transaction for which we collected the information, provide the services you have requested, or take actions reasonably anticipated within the context of our ongoing business relationship.

o Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

o Enable (internal only) uses that are reasonably aligned with consumer expectations based on your relationship with us.

o Comply with a legal obligation.

o Other internal and lawful uses of that information that are compatible with the context in which you provided it.

· Right to Correct: You have the right to request correction of any inaccurate information we hold about you.

· Right to opt-out of a sale: You have the right to opt-out of our sale or our use of information for targeted advertising purposes.

· Right to receive notice: You have the right to receive notice of our practices at or before collection of information and you have a right not to receive discriminatory treatment for exercising any of your rights described under this section. We will not discriminate against you based on your exercise of any of your rights.

Requests should be submitted in writing via email to [email protected]. If you become aware of changes or inaccuracies in your information, you should inform us of the same so that the information may be updated and/or corrected.

If you are in a jurisdiction that recognizes the ability to use an authorized agent and wish to contact us through an authorized agent, the authorized agent can submit a request on your behalf to [email protected], along with the authorized agent form found here.

If you are in a jurisdiction that recognizes your ability to appeal a decision we have made in connection with your attempt to assert a right under applicable U.S. State Privacy Laws, you may file an appeal of our decision refusing your request to exercise your rights under this Privacy Statement. Requests to change our policies or practices are not grounds for an appeal. You may request an appeal of such decision by contacting us at [email protected], please provide the state that you are writing from, accompanied with documentation that you may have regarding the matter you are appealing.

Sleeper does permit third-parties to collect the information described herein through our services, which allow us, among other things, to provide advertising based on your on-line activities over time and across different sites, services, and/or devices. Some of our third-party partners are members of the “Network Advertising Initiative.” This offers a single location to opt out of ad targeting from member companies. To learn more, please go here or here. For additional information on how Google processes your information what choices you may have, visit their site here. Due to differences between websites and mobile applications, you may need to take additional steps to opt out of interest-based advertising for mobile applications. Please check your device settings and mobile application permissions for additional information on how to opt out. You may also stop further data collection from a mobile application by removing it from your device. Lastly, you may also be able to control our collection and use of your location information through your mobile device and/or application settings.

6. United Kingdom and European Economic Area (the “EEA”).

If you are a user in the European Union, you are afforded additional rights under the law. You can exercise any of the following rights by directly making changes in your account or notifying us as described below.

We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Our lawful basis for processing, including basis of legitimate interest, includes but is not limited to providing you with the products and services that you request from us; to allow you to participate in games and other features of the Services; to engage with other users through our social features; to manage your account; to verify your identity and information to access certain features; and to notify you about changes to our GTOU or Privacy Policy

To improve our Services and to ensure that content is presented in the most relevant and effective manner for you and for your device; to administer our Services, including troubleshooting, data analytics, testing, research, statistical and survey purposes; to keep our Services, business and users safe and secure; to comply with applicable laws and regulations; and to protect or exercise our legal rights or defend against legal claims.

Where legally required, and we have no other valid legal basis to process your information, we will obtain consent (by way of example, to provide you with marketing information or share information with third-parties), which may subsequently be withdrawn at any time by contacting us. Withdrawing consent does not affect the lawfulness of processing based on consent before it is withdrawn. Where we need to collect information by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to you with the Services or portions thereof. You may lodge a complaint with a supervisory authority if you believe our processing of your information is unlawful. Please submit any such requests by sending an e-mail to [email protected].

7. International Transfers. By using our Services and providing us with information, you understand that your information is being collected and stored on, and may be transferred to, servers located outside your resident jurisdiction. We and many of our third-party vendors are based in the United States, and your information is being processed by us both here and in other jurisdictions where laws may not be equivalent to those where you reside. To the extent we disclose your information to third-party vendors, we use contractual safeguards to help ensure that such third-party vendors are bound to duties of confidentiality. Where local law permits, you are deemed to have consented to these data transfer practices through your use of the Services. If you do not consent to these data transfers practices, please do not use the Services. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO) with respect to data protection issues. If you would like further information please contact us. Except as set forth herein or if we have obtained your explicit consent, we will not transfer your personal information outside of the EEA.

8. Data Retention, Security, and Integrity. Your information will be retained only for so long as reasonably necessary, for the purposes set out herein, and in accordance with applicable law. We maintain security measures to safeguard your information from loss, theft, interference, misuse, unauthorized access, disclosure, alteration, and/or destruction. However, you should understand that no data storage system or transmission of data over the internet or any other public network can be guaranteed to be 100% secure, accurate, complete, and/or current. Please note that information collected by third-parties may not have the same security protections as the information you submit to us, and we are not responsible for protecting the security of such information.

9. Changes to the Privacy Policy. We may modify this Policy from time to time, in our sole discretion. When any such updates are made, we shall revise the “Effective Date” above and post the new Policy version. We recommend that you review the Privacy Policy each time you visit and/or use the Services in order to stay informed of our ongoing practices.

10. Contact. Any questions, comments, complaints, and/or submissions referenced herein pertaining to this Privacy Policy should be e-mailed to [email protected] and/or mailed to 548 Market Street, PMB 95988, San Francisco, CA 94104, Attn: Blitz Studios, Inc.