Effective Date: April 1, 2025

At SmackTok Holdings, LLC (“SmackTok,” “we,” “us,” “our,” and/or “Company”), a California limited liability company in good standing, we are committed to respecting and protecting the privacy of visitors to our website, SmackTok.com (“Site”), and users who create an account, download, and use the fantasy sports services offered through the SmackTok mobile application available on iOS and Android (“App”) (collectively, such services, including any new features and applications, together with the Site, the “Services”). This Privacy Policy describes how SmackTok collects, processes, and protects information, including Personal Information (as defined below), relating to our users (“user(s)” or “you”). Capitalized terms used in this Privacy Policy that are not defined have the same meaning as defined in the SmackTok Terms of Service (“Terms”).

By accessing or using any of the Services that link to or reference this Privacy Policy, you consent to its terms. If you do not agree with the terms of this Privacy Policy, including the use of your Personal Information as described, please do not provide us with your information. Note that withholding certain information may limit your ability to use parts or features of our Services.

1. Changes and Updates to This Privacy Policy

We may revise or update this Privacy Policy at any time. You should periodically review it to stay informed of any changes. For material revisions, we will notify you as required by law, such as via email or push notifications. For non-material changes, we will update the Privacy Policy on the Site with the new “Effective Date.” Continued use of the Services after such updates constitutes your acceptance of the revised Privacy Policy.

2. Collection of Personal Information

“Personal Information” refers to information that identifies, relates to, describes, or could reasonably be linked, directly or indirectly, with an individual or household, as defined by applicable privacy laws.

We collect Personal Information in the following ways:

• Directly from you

• Automatically when you use the Services

• From third parties

Information We Collect Directly from You

You may provide Personal Information directly when you:

• Sign up to use the Services

• Create an Account

• Request materials or information

• Communicate with us via email, phone, chat, or other methods

We collect the following types of Personal Information directly:

• Identifiers and Account Information: Real name, age, date of birth, sex/gender, postal address, unique identifier, login credentials (username and password), email address, telephone number, driver’s license number, social security number, contents of dialog boxes or chats, responses to feedback requests and surveys.

• Financial Information: Credit/debit card numbers and related financial account information.

• Communications: Contents of messages sent to us or through the Services via dialogue boxes, chats, surveys, feedback requests, mail, email, text, or phone calls.

Information We Collect Automatically

SmackTok and our third-party service providers may automatically collect data when you use the Services to maintain security, improve operations, and support analytics. This includes:

• Commercial Information: Products or services purchased, obtained, considered, or other tendencies.

• Internet or Other Electronic Network Activity Information: Browsing history, browser and device information, operating system, browser type, browsing actions and patterns, clickstreams, search history, contest history, interactions with our Site, IP address, cookies, web beacons, pixel tags.

• Visual Information: Video snippets of your activity on our Services to monitor and analyze web traffic (see Cookies & Similar Technologies below).

• Geolocation: IP address and GPS coordinates.

Information We Receive from Third Parties

We may receive Personal Information or anonymized data about you from affiliates, business partners, or service providers, obtained online, offline, or from publicly available resources. We may combine this with information you provide or data we already have. We may also receive information from social media platforms (e.g., Instagram, Twitter/X, YouTube) when you interact with us there, governed by those platforms’ privacy policies, which we encourage you to review.

Cookies & Similar Technologies

Cookies: Cookies are small data files stored in your browser or device’s memory to manage and report on your interactions with the Site or App. They help distinguish you from other users, improve Services, track return visits, collect aggregate statistics, authenticate login credentials, or manage multiple Site instances. You may disable cookies via browser settings, but this may limit access to certain Site features. For more information, visit www.allaboutcookies.org. On mobile devices, access www.networkadvertising.org/mobile-choices or enable “Limit Ad Tracking” (iOS) or “Opt out of Interest-Based Ads” (Android).

Log Files and Web Beacons: Our Site and emails may use web beacons (clear gifs, pixel tags, single-pixel gifs) to count visitors, track email opens, or verify system integrity. Log files include IP addresses, browser type, domain names, access times, and physical location. Combined data is treated per this Privacy Policy.

Heat Mapping and Session Recording: We use heat mapping to display frequent user interactions (mouse movements, clicks) to monitor and analyze web traffic. Some services may record sessions for later playback.

Real-Time Location: Our Services collect real-time device location data. Disabling location data will impair Service functions, including contest participation.

Google Analytics

We use Google Analytics to analyze Service traffic and support personalization. For details, see Google’s privacy policies. Opt out at https://tools.google.com/dlpage/gaoptout.

4. Disclosure of Personal Information

We may disclose Personal Information to service providers, partners, or legal authorities as described below:

Service Providers and Vendors

We use third-party providers to operate and improve Services, including:

• Paydala: Handles KYC, AML, banking, payment processing, and geofencing. For Paydala’s privacy practices, visit https://www.paydala.com/privacy-policy. You must comply with Paydala’s privacy policy when using our Services, which may be updated periodically and is incorporated by reference.

Other providers include web-hosting, IT, web-development, analytics, delivery, billing, customer service, marketing, and event hosting.

Companies Involved in Advertising

We work with advertising partners who may use tracking technologies to collect data across platforms to provide measurement services and targeted ads.

Business Partners

We may collaborate with companies to offer products or services.

Other Situations

• Mergers, Sales, or Change of Control: Personal Information may be transferred in mergers, acquisitions, or asset sales.

• Affiliates: We may share Personal Information with affiliates.

• Legal Compliance: We may disclose information if we believe it’s necessary to comply with laws, enforce Terms, address fraud, or protect rights, property, or safety.

• Authorized Representatives: Individuals managing your account with authorization may view your Personal Information.

• With Consent: We may share information with your consent or at your direction.

We do not sell, rent, or share information with unaffiliated entities except as described or with your permission. Anonymized information may be used freely.

5. Third-Party Links

Our Services may link to third-party websites, services, or ads not affiliated with us. We are not responsible for their privacy practices or any loss/damage from their use. Data collected by third parties is not covered by this Privacy Policy. Review their policies directly.

6. Public Activities

Our Services may include public spaces for user interaction (“Public Activities”). Information shared in these spaces may be accessed by other users, third parties, or the public, and is not protected by this Privacy Policy. Use caution when disclosing Personal Information. We are not responsible for events arising from publicly shared information.

7. Confidentiality and Security

We implement reasonable administrative, technical, and physical safeguards to protect Personal Information from loss or unauthorized access, use, alteration, or disclosure. We ensure third-party providers maintain adequate protections. However, internet transmission is not fully secure, and we cannot guarantee security. You are responsible for keeping your password confidential and using caution in Public Activities.

8. Information Retention

We retain Personal Information only as long as necessary for providing Services, legitimate business purposes, legal obligations, or dispute resolution. Retention criteria include:

• Duration of our relationship with you (e.g., while you have an active Account).

• Legal obligations (e.g., transaction record retention).

• Legal position considerations (e.g., statutes of limitations, litigation, regulatory investigations).

9. International Transfer of Personal Information

Our Services are available only in the United States. Personal Information is stored in the United States. If you use the Services from outside the U.S., you consent to the transfer and processing of your Personal Information in the U.S., which may have different privacy laws.

10. Choices About Your Personal Information

You have choices regarding your information, but withholding information may limit Service functionality.

Account Profile

Review or update your Personal Information via your account profile page or by emailing us to access, correct, or delete it. Deletion requests will deactivate your Account as required by law, but we may retain information if legally required (e.g., for KYC or responsible gaming). Public Activity contributions may remain in cached/archived pages or be copied by others.

Marketing

We may send marketing emails or notifications. Opt out via the link in non-transactional emails or contact us. Non-promotional communications (e.g., Account updates) will continue.

Advertisements

Ads on our Services may use cookies from advertising partners to deliver targeted ads. This Privacy Policy does not cover advertisers’ cookie use. We use your interactions to predict interests for interest-based advertising.

Do-Not-Track Disclosure

We do not respond to Do Not Track (DNT) browser requests but may recognize opt-out signals like Global Privacy Control, processing them per applicable law (e.g., “do not sell” or targeted advertising opt-outs).

11. Children

Our Services are not intended for individuals under 18. We do not knowingly collect Personal Information from those under 18. If you are under 18, do not use the Services or provide information. Contact us if you believe we have collected information from a child under 18.

12. Your Privacy Rights

Depending on your residency (e.g., California, Colorado, Connecticut, etc.), you may have the following Data Subject Rights, subject to applicable law:

• Confirm Processing, Access, Copy: Confirm if we process your Personal Information and request a copy.

• Amend: Request corrections to inaccurate or incomplete Personal Information.

• Delete: Request deletion of your Personal Information.

• Portability: Request transfer of electronic Personal Information to another organization.

• Revoke Consent/Opt Out: Restrict or stop processing, including sensitive data or automated decision-making.

• Opt Out of Targeted Advertising: Opt out of tailored ads based on cross-platform data.

• Opt Out of Sales: Request we not “sell” your Personal Information.

• Non-Discrimination: We will not discriminate for exercising these rights, though reasonable fees may apply.

• Appeal: Appeal denied Data Subject Right requests.

• Lodge a Complaint: Submit complaints to your local supervisory authority.

Request these rights via the Contact Us section below.

13. Additional Disclosures for California Residents

Shine the Light Law

Under California Civil Code § 1798.83, California residents may request a list of Personal Information categories disclosed to third parties for direct marketing and the third parties’ names/addresses from the prior year. Contact us with “California Disclosure Information” (limited to two requests per year).

California Privacy Rights for Minor Users

Under California Business and Professions Code § 22581, California residents under 18 who are registered users may request removal of publicly posted content. Contact us with “California Privacy Rights for Minor Users.”

California Consumer Privacy Act (CCPA)

We do not currently sell Personal Information, but some activities (e.g., interest-based ads) may be considered “sales” or “sharing” under CCPA’s broad definitions. Opt out via the Contact Us section.

Over the past 12 months, we may have shared/disclosed the following Personal Information categories for business/commercial purposes:

We do not use sensitive Personal Information beyond CCPA-specified purposes. See Disclosure, Retention, and Processing sections for details.

14. Data Subject Rights Requests and Verification

Contact us to exercise Data Subject Rights. We verify identity using name, email, date of birth, phone, or address, and may request additional information. Expect:

• Identity verification.

• Confirmation of your request.

• Receipt confirmation within 10 days.

• Response within 45 days (or 90 with explanation).

• Denial explanation if applicable.

Authorized Representatives

Designate an agent with signed permission to request Data Subject Rights. We may require proof of authorization, direct identity verification, or confirmation of permission.

15. Contact Us

For questions, Data Subject Rights requests, or concerns, contact:

Email: support@smacktok.com

Customer Support Chat: Available on the Services

Mail:

SmackTok Holdings, LLC
8748 Holloway Drive
West Hollywood, CA 90069
USA

16. Additional Information for Job Applicants

We collect additional Personal Information from job applicants, including:

• Identifiers*: Government-issued IDs (e.g., Social Security, driver’s license, passport).

• Demographics and Protected Classifications*: Citizenship, sex/gender, age, race, ethnicity, marital status, sexual orientation, veteran status, disability, medical status.

• Professional/Employment Information: Employment history, employer details, references.

• Educational Information: Institutions attended, degrees, certifications, academic records.

Sources include you, public records, data analytics providers, or authorized parties (e.g., former employers). We use this to evaluate applications and for purposes described in this Privacy Policy. Items marked with an asterisk (*) may be “sensitive” under CCPA.