HERD Privacy Policy

Last Updated: 08/04/2024

Your privacy is important to us at HERD, Inc. and its affiliates (collectively “HERD,” “we,” “us,” or “our”), and we are committed to safeguarding, preserving, and respecting your privacy rights. This online privacy statement (the “Statement” or “Policy”) describes how we collect, use, disclose, and secure the personal information we gather about you through our website, http://www.getherdnow.com (the “Site”), our application, when you view or interact with HERD social media accounts or any social media accounts or content affiliated with us, and when you interact with us as a customer or otherwise (collectively, the “Services”).

For purposes of this Statement, personal information means data that classifies as personal information, personal data, personally identifiable information, or similar terms under applicable data privacy and security laws and regulations. It does not include data excluded or exempted from those laws and regulations. Nothing in this Statement will constitute an admission or evidence that any particular data privacy or information security law or regulation applies to HERD generally or in any specific context.

This Policy expressly incorporates any privacy notices we may issue to supplement this Policy, for example if required by law. Depending on your residency, a supplemental privacy notice may apply to you. For example, if you are a California resident, please view the California Privacy Policy.

1. You Consent to This Statement

You should read this Statement carefully, so that you understand our privacy practices. By accessing, browsing, downloading, or otherwise using the Services, you confirm that you have read, understood, and agreed with this Statement. If you do not agree to this Statement, you may not use the Services.

This Statement applies regardless of how the Services are accessed and will cover any technologies or devices by which we make the Services available to you.

We may provide you with additional privacy notices where we believe it is appropriate to do so. It is important that you read this Statement together with any other privacy notice or terms we may provide on specific occasions, so that you are fully aware of how and why we are using your data.

If you have any questions or concerns about our personal information policies or practices, you can contact us in the methods described in the “Contact Us” section below.

2. What Types of Information Do We Collect?

We collect information you voluntarily provide directly to us, information that we collect automatically when you interact with the Services, and information collected from third parties. The categories of personal information that we collect and the purposes for which we collect that information are described below.

Categories of Personal Information We Collect

The following list describes the categories of personal information we collect:

• Account Information includes name, email address, age, username, and password. We collect this information when you provide it directly to us. We collect this information for the purposes of account creation and management, advertising and marketing, analytics and research, customer service, and website security and maintenance.
• Analytics Information. We collect certain analytics information automatically as you navigate our Services. This includes cookies, tracking pixels, tags or similar tools, which may collect information about your browser, device, geolocation, and interactions with the Services, Site, or emails. For more information, please view the “How Do We Use “Cookies” and Other Tracking Technologies?” section below. We collect this information for the purposes of account creation and management, advertising and marketing, analytics and research, customer service, and website security and maintenance.
• Contact Information includes name, email address, and age. We collect this information when you provide it directly to us such as signing up for newsletters, requesting information, creating an account, or filling out a form. We collect this information for the purposes of account creation and management, advertising and marketing, analytics and research, customer service, and website security and maintenance.
• Commercial History includes information regarding the purchases you have made through our Services and your subscription information. We collect this information for the purposes of account creation and management, advertising and marketing, analytics and research, customer service, and website security and maintenance.
• Chat Information includes the contents of the conversation. We collect this information when you engage with the Site’s chat services. If you interact with the chat services, we will record the conversation. Please note that information relating to your communications may be shared with our service provider. We collect this information for the purposes of account creation and management, customer service, and website security and maintenance.
• Payment Information includes name, address, phone number, and debit or credit card information. We, or our service providers, collect this information for the purposes of account creation and management, analytics and research, customer service, and website security and maintenance.
• Responses to Surveys and Questionnaires includes any information you provide to us when you voluntarily participate in market research surveys such as email address, age, and interested activities. We collect this information for the purposes of advertising and marketing, analytics and research, customer service, and website security and maintenance.
• Social Media Information includes information that you post by sharing on a blog or another social media platform. We collect this information when you provide it directly to us. Please note that your comments will be visible to the public, so you should never share personal information that you would like to keep private. We collect this information for the purposes of advertising and marketing, analytics and research, customer service, and website security and maintenance.

• Team Information includes information we collect when you register as a team owner, including country location, time zone, team name, sport and event information, and contact information of the members of your team. We collect this information for the purposes of advertising and marketing, analytics and research, account creation and management, customer service, and website security and maintenance.
• User-Generated Content. If you post, upload, comment, or otherwise submit content on the Services, we may collect certain information about you such as your name and email address and products you may have purchased. Be aware that as a default, any information you post on the Services, including without limitation review, comments, and text, may be available to and searchable by all users of the Services. We collect this information for the purposes of account creation and management, advertising and marketing, analytics and research, customer service, and website security and maintenance.

Other Ways We May Collect, Use, or Share the Information

We may also reserve the right to collect, use, or share personal information for the following purposes:

• For Legal Purposes. We reserve the right to cooperate with local, provincial, state, federal and international officials in any investigation requiring either personal information or reports about lawful or unlawful user activity on this site. We also reserve the right to share your personal information to establish, exercise, or defend our legal and property rights, including providing information to others for the purposes of fraud prevention. We may also share your personal information with any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
• If We Are Ordered by a Legal Process or Government to provide data about one or more individual users, we will notify those users of our compliance with that order, to the extent permitted by law.
• To Present the Site. We will use personal information to present our Site and its contents in a suitable and effective manner for you and your device.
• To Provide the Services. We will use personal information to provide the Services, including to improve operations and for security purposes.
• Customer Service. We will use your personal information to provide you with customer service, troubleshoot issues, and respond to requests, questions or comments.
• Provide Information and Opportunities. We will use your personal information to advertise travel opportunities, promotions, products, events, or Services that we think may be of interest to you.
• Business Transactions or Mergers. We reserve the right to share your personal information to third parties as part of any potential business or asset sale, merger, acquisition, investment, round of funding, or similar type of transaction. Additionally, if we are entering into a corporate transaction with a third party, we may receive personal information in connection with the diligence. If we close a transaction, the third party may transfer personal information, which we would use as described in this Policy.